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HomeMy WebLinkAbout2006-097 ATTACHMENT 1 AGREEMENT a v o 6 - © 9 for //3 PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL SERVICES ( "Agreement" ) , entered into as of this 21 st day of March , 2006 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (" COUNTY" ) , and ARCADIS G & M , INC . , a Delaware corporation ("Consultant" ) . BACKGROUND RECITALS : A . In accordance with the Consultants ' Competitive Negotiations Act, Florida Statutes Section 287 . 055 , the COUNTY has selected Consultant to provide certain professional services relating to the design of the Rockridge Subdivision Vacuum Sewer Project ("Services" ) as more fully set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference . B . The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; C . The Consultant acknowledges and agrees that the Rockridge Subdivision Vacuum Sewer Project is funded , in part , by grant funds as more specifically set forth herein . D . The COUNTY and the Consultant wish to enter into this Agreement for the Services . NOW THEREFORE , in accordance with the mutual covenants herein contained and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the parties agree as follows : 1 . GENERAL. 1 . 1 All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely , efficient , cost effective manner, and in accordance with the current professional standards of the applicable discipline . Work Orders shall include a description of services to be performed ; a statement of fees ; a schedule of deliverables ; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based , or any combination of the foregoing ; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs ; a projected schedule for completion of the work to be performed by the Consultant ; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement . 1 . 2 Whenever the term "Work Order" is used herein , it is intended to mean that formal document that is dated ; serially numbered ; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant' s proposal for specific services 1 and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement . Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to- Proceed . 1 . 3 Services related to any individual Work Order which would increase , decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement . All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice to Proceed may, at the sole option of the COUNTY , be given for each phase of the services contained in any Work Order hereunder. 1 . 4 Work Order shall not give rise to any contractual rights until it meets the foregoing requirements . Each written Notice to Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement . Nothing contained in any Work Order shall conflict with the terms of this Agreement , and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein . 1 . 5 A schedule of current hourly billing rates is set forth in Exhibit 2 attached to this Agreement and made a part hereof by this reference . 1 . 6 The Background Recitals are true and correct and form a material part of this Agreement. 2 . COUNTY OBLIGATIONS . 2 . 1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings , surveys , right-of-way maps , and other documents in the possession of the COUNTY pertinent to the Services . The Consultant shall satisfy itself as to accuracy of any data provided . The Consultant is responsible for bringing to the COUNTY's attention , for the COUNTY's resolution , material inconsistencies or errors in such data that come to the Consultant's attention . 2 . 2 The COUNTY shall arrange for access to , and make provisions for the Consultant to enter upon , public and private property (where required ) as necessary for the Consultant to perform its Services , upon the timely written request of Consultant to COUNTY. 2 . 3 The COUNTY shall promptly execute all permit applications necessary to the Services . 2 2 . 4 The COUNTY shall examine any and all studies , reports , sketches , drawings , specifications , proposals and other documents presented by the Consultant , and render, in writing , decisions pertaining thereto within a reasonable time . 2 . 5 Approval by the COUNTY of any of the Consultant's work , including but not limited to drawings , design specifications , written reports , or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work . Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall : (a ) act as the COUNTY's agent with respect to the Services rendered hereunder; (b ) transmit instructions to and receive information from the Consultant; ( c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services ; and (d ) determine , initially , whether the Consultant is fulfilling its duties , responsibilities , and obligations hereunder. 2 . 7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services . If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub- consultant , and , as a result , will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion , and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change , terminate , or stop any or all of the Services at any time in accordance with this Agreement . 2 . 8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant' s control and through no fault or negligence of the Consultant . The parties acknowledge that adverse weather conditions , acts of God , or other unforeseen circumstances of a similar nature , may necessitate modifications to this Agreement . If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree , in writing , to the modifications to be made to this Agreement . 3 . RESPONSIBILITIES OF THE CONSULTANT . 3 . 1 The Consultant agrees to perform all necessary professional engineering , project design , construction phase services , and other Services in connection with the Services as set forth in the Work Orders and in this Agreement . 3 3 . 2 The Consultant will endeavor not to duplicate any previous work done on in connection with the Services . Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY' s requirements for the Services . 3 . 3 The Consultant agrees to complete the Services within the time frame specified in the Work Order. 3 .4 The Consultant will maintain an adequate staff of qualified personnel . 3 . 5 The Consultant will comply with all present and future federal , state , and local laws , rules , regulations , policies , codes , and guidelines applicable to the Services performed under this Agreement. 3 . 6 The Consultant , as a part of the consideration hereof, does hereby covenant and agree that: ( 1 ) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in , denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person 's race , color, creed , national origin , religion , physical disability, age or sex; and (2 ) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local , state , and federal rules , regulations , or guidelines , as such rules , regulations , or guidelines may be from time to time amended . 3 . 7 The Consultant shall , during the entire term of this Agreement , procure and keep in full force , effect, and good standing any and all necessary licenses , registrations , certificates , permits , and any and all other authorizations as are required by local , state , or federal law, in order for the Consultant to render its Services as described in this Agreement . The Consultant shall also require all sub-consultants to comply by contract with the provisions of this section . 3 . 8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY' s applications for any required federal , state , or local permits . 3 . 9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated . 3 . 10 The Consultant will cooperate and coordinate with other COUNTY consultants , as directed by the COUNTY. 3 . 11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings , calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time , upon reasonable request. 3 . 12 All documents , reports , tracings , plans , specifications , field books , survey notes and information , maps , contract documents , and other data developed by the 4 Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created , maintained , updated , and provided in the format specified by the County . When all work contemplated under this Agreement is complete , all of the above data shall be delivered to the County Project Manager. 3 . 13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services , and the Consultant will interpret plans and other documents ; correct errors and omissions ; and prepare any necessary plan revisions not involving a change in the scope of the work required , at no additional cost to the COUNTY , within thirty (30 ) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions , whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Consultant . 3 . 14 The Consultant agrees to maintain complete and accurate books and records (" Books") , in accordance with sound accounting principles and standards for all Services , costs , and expenditures under this Agreement . The Books shall identify the Services rendered during each month of the Agreement and the date and type of each expense related to the Services . The COUNTY shall have the right , at any reasonable time and through any of its designated agents or representatives , to inspect and audit the Books for the purpose of verifying the accuracy of any invoice . The CONSULTANT shall retain the Books , and make them available to the County, the Florida Department of Community Affairs , the U . S . Department of Housing and Urban Development, the Comptroller General of the United States , and any of their duly authorized representatives , for the purpose of making audit, examination , excerpts , and transcriptions . as specified above , until the later of five (5 ) years after the date of termination of this Agreement, or such longer time as required by any federal , state , or other governmental law, regulation , or grant requirement. 3 . 15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY , the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data . 3 . 16 All documents , including but not limited to drawings and specifications , prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY' s own risk. The Consultant shall not be held liable for any modifications made to the documents by others . 3 . 17 Community Development Block Grant Requirements . 3 . 17 . 1 . Indian River County, as the " Recipient" under Contract No . 06DB -3C- 10-40- 01 -W14 [Federally Funded Disaster Recovery Subgrant Agreement between the State of Florida , Department of Community Affairs and Indian River County] agrees to include , in any subcontract awarded thereunder, the following : (i ) the Consultant is bound by the terms of CDBG Contract # : 06DB-3C- 10-40-01 -W 14 , attached to this Agreement as 5 Exhibit C and made a part hereof by this reference , to the extent applicable to this Agreement for Professional Services ; (ii ) the Consultant is bound by all applicable state and federal laws and regulations ; and ( iii ) the Consultant shall hold the Florida Department of Community Affairs harmless against all claims of whatever nature arising out of the Contractor' s performance of work under this Agreement for Professional Services , to the extent allowed and required by law. 3 . 17 . 2 . Indian River County, as the " Recipient" under Contract No . 06DB -3C- 10-40- 01 -W14 [Federally Funded Disaster Recovery Subgrant Agreement between the State of Florida , Department of Community Affairs and Indian River County] agrees to include , in any subcontract awarded thereunder, the following certification : " No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan , the entering into of ay cooperative agreement, and the extension , continuation , renewal , amendment or modification of any Federal contract, grant, loan or cooperative agreement . " 4 . TERM ; TIME FOR COMPLETION . 4 . 1 This Agreement shall remain in effect for a term of two (2 ) years ( "Term " ) , unless otherwise sooner terminated as provided herein . The Term may be extended by the COUNTY if the Services are not completed by the end of the Term . The decision to extend the Term shall be at the sole discretion of the COUNTY . The Consultant shall be notified in writing of the intent to extend the Agreement . The extended Term , if any, is subject to sooner termination in accordance with the terms of this Agreement. 5 . COMPENSATION . 5 . 1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis , all as set forth in a Work Order. Duly certified invoices , in triplicate , phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed . Upon a determination of satisfactory completion , the County Project Manager will authorize payment to be made . All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act , as may be amended from time to time ( Florida Statutes Section 218 . 70 , et seq . ) . 5 . 1 . 1 The Consultant shall include on the invoices any identifiable per diem , meals and lodgings , taxi fares and miscellaneous travel -connected expenses for Consultant' s personnel subject to the limitations of Florida Statutes section 112 . 061 , as may be amended from time to time . Travel expenses , if any, shall not be on a direct pay basis by the COUNTY . Notwithstanding the foregoing , the Consultant acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a 6 Consultant arrives from outside of Indian River County, and where a Consultant maintains an office in Indian River County. 5 . 1 . 2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services . These permit fees do not include those permits required for any construction contractor. 5 . 2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5 . 3 The COUNTY shall have the sole right to reduce or eliminate , in whole or in part, any portion of the Services under any Work Order at any time and for any reason , upon written notice to the Consultant specifying the nature and extent of the reduction . In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated , upon submission of invoices as set forth in this Agreement. 5 . 4 The COUNTY may, at any time and for any reason , direct the Consultant to suspend Services , in whole or in part under this Agreement. Such direction shall be in writing , and shall specify the period during which Services shall be stopped . The Consultant shall resume its Services upon the date specified , or upon such other date as the COUNTY may thereafter specify in writing . Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6 ) months , the compensation of Consultant for such suspended Services may be subject to modification . The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement . 6 . ADDITIONAL WORK . 6 . 1 If services in addition to the Services provided hereunder are required or desired by the County, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement ; or request the Consultant to provide , either directly by the Consultant or by a sub-consultant , such additional services by a new Work Order or by a written amendment to a specific Work Order. 7 . INSURANCE AND INDEMNIFICATION . 7 . 1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7 . 2 Consultant shall procure and maintain , for the duration of this Agreement, the minimum insurance coverage as set forth herein . The cost of such insurance shall be included in the Consultant' s fee : 7 7 . 2 . 1 Workers ' Compensation : Workers' Compensation as required by the State of Florida . Employers' Liability of $ 100 , 000 each accident , $ 500 , 000 disease policy limit , and $ 100 , 000 disease each employee . 7 . 2 . 2 General Liability: commercial general liability coverage , including contractual liability and independent contractor, with a minimum combined single limit of $ 100 , 000 per occurrence and personal injury coverage of $ 50 , 000 7 . 2 . 3 Business Automobile Liability: owned , hired , and non -owned vehicles at a minimum combined single limit of $ 100 , 000 per occurrence and personal injury coverage of $ 50 ,000 for bodily injury and property damage for owned and non-owned vehicles . 7 . 2 .4 Professional Liability Insurance : providing coverage for negligent acts , errors , or omissions committed by Consultant with a limit of $ 1 , 000 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest, earning , profit, use , and business interruption , cost of replacement power, and other special , indirect , and consequential damages . 7 . 3 Consultant' s insurance coverage shall be primary . 7 .4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7 . 5 The insurance policies procured shall be occurrence forms , not claims made policies with the exception of professional liability. 7 . 6 A certificate of insurance shall be provided to the County' s Risk Manager for review and approval , ten ( 10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7 . 7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance . 7 . 8 Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant . All coverages for sub-consultants shall be subject to all of the requirements stated herein . 7 . 9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event , the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30 ) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 8 7 . 10 The Consultant shall indemnify and hold harmless the COUNTY , and its officers and employees , from liabilities , damages , losses , and costs , including , but not limited to , reasonable attorneys' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8 . TERMINATION . 8 . 1 This Agreement may be terminated : (a ) by the COUNTY, for any reason , upon thirty (30 ) days' prior written notice to the Consultant; or ( b ) by the Consultant, for any reason , upon thirty (30 ) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties ; or d ) as may otherwise be provided below . In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered , or for any act or event occurring prior to the termination , shall not be terminated or released . 8 . 2 In the event of termination by the COUNTY , the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination . In the event of such termination , the COUNTY may , without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services . 8 . 3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7 ) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8 .4 In the event that the Consultant merges with another company , becomes a subsidiary of, or makes any other substantial change in structure , the COUNTY reserves the right to terminate this Agreement in accordance with its terms . 8 . 5 In the event of termination of this Agreement , the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8 . 6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents , papers , letters , or other material subject to the provisions of Florida Statutes Chapter 119 and made or received by the Consultant in conjunction with this Agreement. 8 . 7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY . 9 9 . TRUTH -IN -NEGOTIATION CERTIFICATE ; CONTINGENCY FEES . 9 . 1 Execution of this Agreement by the Consultant shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate , complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service . The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate , incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants . The COUNTY shall exercise its rights under this "Certificate" within one ( 1 ) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision . The COUNTY does not hereby waive any other right it may have pursuant to Section 287 . 055 , Florida Statutes , as it may be from time-to-time amended . 9 . 2 Pursuant to the Consultants ' Competitive Negotiations Act, Florida Statutes section 287 . 055 , the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee , commission , percentage fee , gifts or any other considerations , contingent upon or resulting from the award or making of this contract. For breach of violation of this provision , the COUNTY shall have the right to terminate this Agreement without liability and , at its discretion , to deduct from the contract price , or otherwise recover, the full amount of such fee , commission , percentage , gift , or consideration . 10 . MISCELLANOUS PROVISIONS . 10 . 1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise . 10 . 2 Merger; Modification . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY . 10 . 3 Governing Law; Venue . This Agreement, including all attachments hereto , shall be construed according to the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 10 10 . 4 Remedies ; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right , power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right , power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise . The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy , does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party' s waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute , breach , default or misrepresentation in connection with any provisions of this Agreement , each party shall bear its own costs . 10 . 5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10 . 6 Availability of Funds . The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10 . 7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract , debt , obligation , judgment , lien or any form of indebtedness . 10 . 8 Public Records . The Consultant shall comply with the provisions of Florida Statutes Chapter 119 , ( Public Records Law) in connection with this Agreement. 10 . 9 Notices : Any notice , request , demand , consent , approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : (a ) Hand delivery to the other party ; (b ) Delivery by commercial overnight courier service ; or (c) Mailed by registered or certified mail (postage prepaid ) , return receipt requested at the addresses of the parties shown below : County: Indian River County Attn : Mike Hotchkiss , Capital Projects Manager 184025 th Street Vero Beach , FL 32960-3365 Telephone : ( 772 ) 226- 1821 Facsimile : (772 ) 770-5143 11 Consultant: ARCADIS G & M , INC . Attn : Patrick J . Ferland , PE Area Manager, Associate Vice President 590 NW Peacock Boulevard , Suite 9 Port St. Lucie , FL 34986 Telephone: (772 ) 878- 1700 , Ext. 14 Facsimile : (772 ) 878- 1802 Notices shall be effective when received at the address as specified above . Facsimile transmission is acceptable notice effective when received , provided , however, that facsimile transmissions received (i . e . , printed ) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed . Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 10 . 10 Survival . Except as otherwise expressly provided herein , each obligation in this Agreement to be performed by Consultant , shall survive the termination or expiration of this Agreement . 10 . 11 Construction . The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand , limit , or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm 's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10 . 12 Counterparts . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above . Consultant : ARCADIS G & M , INC . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSI ERS 7I LUBy ,L B Arthur R . Neube g r, Chair a Printed Name: 4\l� 13 irl lid,; Title : /21ssoci.r-7-r vice azes.owT r> Date;`Approved =by BC 03 - 21 - 06 fi f Attestf J ,: VCBartOn Clerk By Deputy'Clerk Approved : Ooseph A . Baird County Administrator A r ed as to forma le I u y : arian E . Fell Assistant County Attorney 13 EXHIBIT 1 ATTACHMENT 1 INDIAN RIVER COUNTY UTILTITIES DEPARTMENT ROCKRIDGE SEWER SYSTEM VACUUM SEWER SYSTEM IMPROVEMENTS SCOPE OF SERVICES ARCADIS will provide professional engineering services for the planning, design and services during construction for the vacuum sewer system improvements for the Rockridge Subdivision as outlined on the enclosed exhibit and is for Indian River County (CLIENT) . This is to be referred to as the PROJECT to which this SCOPE applies. The services to the CLIENT will include serving as the Professional Engineer for the PROJECT, providing professional engineering consultation and advice in furnishing customary engineering services in relation to the planning, design, permitting, and construction services for the Rockridge Subdivision Project. PROJECT A vacuum sanitary sewer system will be designed for the collection of wastewater along the rights-of-way within the Rockridge Subdivision . This project will require the construction of approximately 20,000 linear feet of vacuum sewer piping complete with approximately 210 valve chambers and all necessary surface restoration . The project will also include a vacuum pump station and force main from the vacuum pump station to the existing force main system. Plans for removing the existing low pressure system from service will also be included. A. Preliminary Design Phase Data Gathering, Evaluation and Preliminary Design This task focuses on obtaining the necessary preliminary information required to prepare detailed engineering plans and specifications. I . Collect data available on existing facilities, including field conditions, record drawings, force main location, operating pressures, pipe size and current flow conditions. 2. Meet with appropriate CLIENT staff to discuss project requirements for road restoration, acquisition of easements, land purchase, construction details, temporary flow monitoring installations, standard equipment, and construction documents. 3 . Deliverable - Preliminary Design Report (Memorandum) Prepare a design memorandum outlining all of the design criteria to be used during the design of the vacuum sewer collection system. This report shall be agreed upon by both parties as the design criteria for the project. Page 1 of 17 B. Final Design Phase Task I - Drawings and Engineering This task consists of the engineering and the development of plans necessary to construct this project. A . Prepare detailed drawings for the proposed work discussed previously within this Exhibit. A tentative list of final design drawings to be developed for this project is presented in Table 1 . Drawings will be prepared using drafting standards and standard details as developed by ARCADIS unless standards are provided by CLIENT. Task 2 - Specification Preparation A . Prepare Standard EJCDC ( 1996 Edition) Contract Forms, Bidding Documents and Contract Conditions required for this project unless standards are provided by CLIENT. B . Prepare technical specifications required for this project in using Construction Specifications Institute (CSI) format Division I through Division 16 . A tentative list of specification sections to be prepared for this project is presented in Table 2. Task 3 - Permit Preparation Assistance This task consists of the preparation of a construction permit application submittal for the Florida Department of Environmental Protection (FDEP) and the Indian River County Building Department. A submittal shall also be prepared for the site plan and Development Review process for the vacuum pump station. This task shall consist of attendance at a pre-application meeting, a site plan application, two (2) meetings, and responses to comments . Any additional permits required beyond the above will be considered as outside the scope of this proposal . All permit fees shall be paid by CLIENT. Task 4 - Final Opinion of Probable Construction Cost Prepare the final opinion of probable construction cost for all new facilities and improvements proposed under this project following completion of design. Task 5 - Bidding Assistance Services This task shall include work necessary to assist the CLIENT with the bidding of this project. This work may include the following : A . Attend a pre-bid meeting at CLIENT' s facilities . Page 2 of 17 B . Assist with the coordination of the bidding documents and the advertisement for bid and respond to communications from contractors and issue addenda information as required (CLIENT procurement process to be utilized) . C . Attend the bid opening and tabulate the bids provided by interested contractors . Task 6 - Bid Evaluation and Recommendation of Award Assistance This task shall consist of the review and evaluation of the bids and the recommendation of a bidder for award of contract to CLIENT. Task 7 - Submit and Review (Quality Control) ARCADIS will make the submittals at various completion levels of this project for CLIENT review and comment, coordination and quality control . A review meeting will be requested following each submittal to discuss and receive comments from CLIENT. The comments shall be incorporated into revisions prior to the next subsequent quality control submittal . Quality control submittals for this project are anticipated at the following completion levels: A. Design Memorandum . B . 25 % Drawings and Specifications. C . 50% Drawings and Specifications. D . 75 % Drawings and Specifications. E . 100% Drawings and Specifications. ARCADIS will incorporate the agreed-upon revisions made by both parties . A total of five (5) meetings with the CLIENT is the level of effort for this Task. C. Construction Phase Task I - Preconstruction Activities Prior to Notice to Proceed The Notice of Award and signing of the Contract Documents will be handled by ARCADIS . ARCADIS will prepare Conformed Contract Documents and distribute sets to the involved parties and will undertake other preconstruction activities which include attending the preconstruction conference meeting and assisting the Contractor in finalizing the building permits required for the construction of this project by providing the required number of signed/scaled drawing sets. Task 2 - Consult and Advise Provide technical advice and assistance to CLIENT during the construction period and provide necessary interpretations and clarifications of the Contract Documents as required by CLIENT. Page 3 of 17 Task 3 - Review Shop Drawings Review Shop Drawings and samples, the results of tests and inspections, and other data submitted by the Contractor in accordance with the Contract Documents. Task 4 - Review Pay Requests and Schedules Review monthly pay requests and make recommendations for payment to CLIENT. Monthly pay requests will be reviewed in the field and an agreement reached between the Contractor and ARCADIS ' project representative(s), prior to formal submittal to CLIENT for payment. Review the Contractor' s preliminary and monthly progress schedules through completion . Task 5 - Perform Periodic and Milestone Inspections With regard to the vacuum pump station ; perform inspections to determine that the project has achieved Substantial Completion and readiness for Final Acceptance and that the Work has been completed in general conformance with the Contract Documents to certify completion of construction to permitting agencies and to perform startup services of the vacuum pump station . Six (6) such site visits are anticipated. CLIENT' s staff should be available for training during the startup process, as the manufacturer' s formal training program is not scheduled to be utilized at this time. Task 6 - Progress Meetings Attend nine (9) monthly construction related progress meetings. ARCADIS will preside over and generate and distribute minutes of these meetings. The purpose of these meetings is to formally coordinate the activities of the Contractor and CLIENT to resolve any conflicts and to review working procedures as required to satisfactorily complete the project. Task 7 - Contract Modifications Develop the necessary data, notes and clarification drawings required to prepare contract modifications to reflect adjustments to the construction project. Two (2) owner requested contract modifications incorporating a total of six items, is the level of effort basis for this budget item. One of the contract modifications will be the final reconciliation contract modification prepared at the end of the project to equate the final units which were estimated in the bid form to the final number of units installed. When CLIENT requests additional contract modifications, ARCADIS ' fee may be adjusted accordingly based on a mutually agreed amount. Task 8 - Project Closeout Review the Contractor' s as-built drawing information which shows the work as it was constructed. ARCADIS shall prepare record drawings based on Contractor' s field data and provide the CLIENT an electronic set of record drawings in AutoCadd and a set of prints showing those changes made during the construction process based upon information provided by the Contractor. Attend the final project reconciliation meeting with CLIENT and the Contractor. Page 4 of 17 Task 9 - Regulatory Agency Documentation and Project Closeout Submittals Project services in connection with preparing acknowledgment of Final Completion of Construction to FDEP with record drawings. D. Special Services 1 . Perform field design location survey to establish the location of existing physical features at the project site. Survey baselines will be established and the existing rights-of-way will be located. Permanent benchmarks will be set, with a minimum of one benchmark set every 700 feet along the alignments. Only existing above ground improvements such as pavements, mailboxes, shrubs, driveways, sidewalks and utilities will be located. Cross-sections will be obtained at approximately 150 foot intervals along the rights-of-way. Base maps will be prepared and delivered in AutoCAD 2000 format for the design of the sewer system. In addition, individual service locations and elevations will be identified, as well as the related finish floor elevations for each residence to be served will be shown on base maps as well . 2. Coordinate 20 soft dig locations for existing utilities, where required. 3 . Perform a geotechnical investigation of the project site to determine characteristics and capacities of underlying soils. It is anticipated that a rock layer is existing in the area and one of the goals of the investigation will be to map the depth and thickness of the rock in an effort to assist the contractor in identifying the most efficient way to excavate and work in this environment. The scope of this effort is to perform 30 six foot deep augers. 4. Assist the CLIENT with final location of the vacuum pump station site. This task shall include investigation into available properties in the project area, consultation with staff, engagement of a real estate professional and coordination with two appraisal companies. It shall be the CLIENT' s responsibility to engage legal counsel and consummate the real estate transaction . ARCADIS shall perform a boundary and topographic survey of the chosen lot. CLIENT shall pay all fees customarily related to a real estate closing (appraisals, commissions, title searches, etc .). Participation in eminent domain proceedings or commission hearings is not included in this task. 5 . Host one educational presentation about the proposed project for the area owners with the CLIENT at an Indian River County Facility. Maps of the Project area, a preliminary layout of the system, preliminary architectural and mechanical sketches of the vacuum station and a short verbal description will be provided, followed by a question and answer session 6 . Resident Services It is extremely important that this project be constructed in complete conformance with the Contract Documents. Services which will be provided by the ARCADIS resident project representative (RPR) : 1 . Ensure that the Contractor maintains private properties and County roadways in an orderly manner. Keep a daily log of the progress of the project. Page 5 of 17 2 . Observe the installation of all trenching, piping, backfilling, compaction and restoration operations. 3 . Perform ongoing on-site field observations of the Contractor' s performance. The limits of the authority of the on-site representative are as defined within the Construction Contract Documents. a. Observe any tests and review the results of tests required of the Contractor by the Contract Documents . b. Observe the placement of reinforcing steel and all major concrete pours. Observe the construction of all piping and equipment placement. c . Test and check out the operation of all equipment and controls . d . Assist in the development of punch lists in conjunction with the milestone inspections to determine if the project has achieved Substantial and Final Completion and that the work has been completed in general conformance with the Contract Documents. E. Easements The obtaining of easements may be an integral part to the design of the system improvements throughout the project. The specific services may include : I . ARCADIS may identify all areas where easements will be required for the proper construction of this project. ARCADIS may also determine through the Indian River County Property Appraisers' Office, the name, address and, where available, phone number of the current listed owner of the property in question . 2. ARCADIS may prepare the legal description and sketch for each of the required easements of this project. The CLIENT shall complete all negotiations with the property owner and prepare the Grant of Utility Easement and Hold Harmless Agreement forms for signature by the property owner for granting the proposed utility easements to the CLIENT. The CLIENT shall also complete the recording of these easements with the Clerk of the Courts of Indian River County. ARTICLE 2 - METHOD OF PAYMENT As consideration for providing the services enumerated in Article 1 , CLIENT shall pay the ARCADIS fees as described below : Page 6 of 17 A. Preliminary Design Phase For the services listed above, the following lump sum fees apply: 1 . $20,000 .00 2 . $ 31850.00 3 . $ 13 ,650.00 TOTAL Preliminary Design Phase $377500.00 B. Final Design Phase For the services listed above, the following lump sum fees apply: 1 _ $ 190,000.00 2. $ 27,900.00 3 . $ 6,300.00 4- $ 67100.00 5 . $ 77000.00 6 . $ 1 ,500.00 7 . $ 9,900.00 TOTAL Final Design Phase $2489700.00 C. Construction Phase 1 . For services enumerated in Items l through 9, the hourly rates specified in Table A for personnel working directly on the project plus direct expenses in connection therewith, not to exceed $ 105,000.00 without prior approval from CLIENT. D. Special Services 1 . $ 77 ,750.00 2 . _ $ 5 ,050 .00 3 . $ 7 ,000 .00 4 . $ 5 ,300 .00 5 . $ 17500 .00 6 . $ 120,000.00 TOTAL Special Services $216,600.00 Pane 7 of 17 E . Easements 1 . For services enumerated in Article 1 , Section D - Easements, the hourly rate specified• in Table A for personnel working directly on the project plus direct expenses in connection therewith. There is no upset limit proposed for this portion of the work. The budget for direct expenses in the design phase is $40,000. 00 These fees have been determined in accordance with the scope of work breakdown attached. This proposal does not include the provision of the following items : Any hydrogeologic work required for the design of the dewatering systems or to evaluate the impact of construction dewatering systems for contamination sites within a quarter-mile radius of this project site. Easement acquisitions and legal work as required. Payment of permitting fees. ARTICLE 3 - DATA OR ASSISTANCE TO BE PROVIDED BY CLIENT A . Provide copies of existing record drawings for all water and wastewater facilities impacted in the project areas. B . Provide assistance with regulatory agencies and payment of all permitting fees. C . Provide assistance with final location of vacuum station site. (Remainder of this page left blank intentionally) Page 8 of 17 TABLE 1 VACUUM SEWER SYSTEM IMPROVEMENTS TENTATIVE LIST OF DRAWINGS Drawing Sheet No. Title General Cover sheet G- 1 Index to Drawings and Project Location Map G-2 General Notes and Abbreviations 6-3 Mechanical Legends and Symbols G-4 Piping Schedule and Legends G-5 Process and Instrumentation Legends G-6 Electrical, Architectural and HVAC Legends G-7 Project Key Map - North G-8 Project Key Map - South Civit/Mechanical C- 1 to C-40 Vacuum Sewer Plan and Profile Sheets C-40 to C-42 Additional Force Main Plan Sheets C-43 Vacuum Pump Station Site Plan C-44 Vacuum Pump Station Mechanical Plan C-45 Vacuum Pump Station Sections and Details C-46 Vacuum Pump Station Sections and Details C-47 Standard Details - CiviVMechanical C-48 Standard Details - Civil/Mechanical C-49 Standard Details - Civil/Mechanical C-50 Standard Details - Civil/Mechanical C-51 Standard Details - Civil/Mechanical (Airvac) C-52 Standard Details - Civil/Mechanical (Airvac) C-53 Standard Details - Civil/Mechanical (Airvac) Architectural A- 1 Vacuum Pump Station Floor and Roof Plans A-2 Vacuum Pump Station Elevations A-3 Finish , Louver, A/C and Exhaust Fan Schedules Page 9 of 17 A-4 Door and Hardware Schedules A-5 Standard Details - Architectural Structural S- 1 Vacuum Pump Station Foundation and Roof Plans S-2 Vacuum Pump Station Intermediate Floor Plan and Details S-3 Vacuum Pump Station Sections S-4 Standard Details - Structural S-5 Standard Details - Structural S-6 Standard Details - Structural S-7 Standard Details - Structural Process and Instrumentation I- 1 Process and Instrumentation Diagram Electrical E- I Electrical Site Plan E-2 Vacuum Pump Station Electrical Equipment Plan E-3 Vacuum Pump Station Lighting and Receptacle Plan E-4 Electrical One-Line E-5 Electrical Details Sheet E-6 Electrical Details Sheet 2 Landscaping LS- 1 Vacuum Pump Station Landscaping Plan LS-2 Vacuum Pump Station Irrigation Plan (Remainder of this page left blank intentionally) Page 10 of 17 TABLE 2 VACUUM SEWER SYSTEM IMPROVEMENTS TENTATIVE LIST OF SPECIFICATIONS SECTION NO TITLE PART 1 BIDDING REQUIREMENTS 00030 Invitation to Bid 00100 Instructions to Bidders 00310 Bid Form 00410 Bid Bond 00415 Public Entity Crimes 00420 Drug-Free Workplace PART 2 CONTRACT FORMS 00500 Agreement 00610 Performance Bond 00620 Payment Bond PART 3 CONTRACT CONDITIONS 00705 General Conditions 00815 Supplementary Conditions PART 4 SPECIFICATIONS Division 1 - General Requirements 01005 General Requirements 01010 Summary of Work 01025 Measurement and Payment 01050 Field Engineering 01200 Project Meetings 01300 Submittals 01400 Quality Control 01500 Construction Facilities and Temporary Controls 01700 Contract Closeout 01720 Project Record Documents 01730 Operation and Maintenance Data 01740 Warranties and Bonds Division 2 - Sitework 02200 Earthwork 02281 Termite Control 02500 Restoration and Cleanup 02510 Asphaltic Pavement and Base Page I t of 17 02630 Concrete Sidewalks, Drives and Curbs 02810 Underground Irrigation System 02831 Chain Link Fences and Gates Division 3 - Concrete 03100 Formwork 03200 Concrete Reinforcement 03251 Expansion and Construction Joints 03300 Concrete 03600 Grout Division 4 - Masonry 04100 Mortar 04220 Concrete Unit Masonry Division 5 , Metals 05500 Fabricated Metalwork and Castings 05520 Handrails and Railings Division 6 - Wood and Plastics - Not Used Division 7 - Thermal and Moisture Protection 07200 Insulation 07230 Vapor Barrier 07600 Roof System and Accessories 07800 Roof Accessories 07900 Sealants Division 8 - Doors and Windows 08120 Aluminum Doors and Frames 08710 Finish Hardware Division 9 - Finishes 09200 Lath and Plaster 09900 Protective Coatings Division 10 - Specialties 10200 Aluminum Louvers 10999 Miscellaneous Building Specialties Division 11 - Equipment - Not Used Division 13 - Special Construction Page 12 of 17 13600 Electronic Utility Location System Division 14 - Conveying System 14321 Hand Hoist and Crane Rail System Division 15 - Mechanical 15002 Polyvinyl Chloride (PVC) Pressure Pipe 15005 Ductile Iron Pipe (Wastewater) 15029 Pressure Pipeline Testing 15100 Manually Operated Valves 15105 Self-Contained Automatic Process Valves 15110 Power Operated Valves 15400 Plumbing 15481 Vacuum Sewer System and Accessories 15830 Roof and Wall Ventilators 15881 Odor Control System Division 16 - Electrical 16000 Electrical General Requirements 16050 Basic Materials and Methods 16110 Lightning Protection 16160 Panelboards 16200 Generator (Interior with Integral Base Tank) 16250 Automatic Transfer Switch PARTS - APPENDICES A. Report of Geotechnical Exploration B . Soft Dig Utility Location Reports (Remainder of this page left blank intentionally) Page 13 of 17 TABLE 3 VACUUM SEWER SYSTEM IMPROVEMENTS PRELIMINARY PROJECT SCHEDULE Duration Cumulative Time Activity Months Months Authorization to Proceed 0 0 Route Survey / Data Gathering 3 3 Design Memorandum 1 3 Submit Plans and Specifications (50% Submittal) 2 5 Receive CLIENT Review Comments 0 .5 5 .5 Submit Plans and Specifications ( 100% Submittal) 2.0 7 . 5 Receive CLIENT Review Comments 0.5 8 .0 Finalize Contract Documents (Final Submittal) 0 .5 8 .5 Permitting 1.0 9. 5 Bidding and Award 2.0 11 .5 Construction t0.0 21 .5 Detailed schedule will be provided upon receipt of authorization to proceed and will include specific submittal dates. (Remainder of this page left blank intentionally) Page 14 of 17 TABLE 4 VACUUM SEWER SYSTEM IMPROVEMENTS LIST OF PROJECT DELIVERABLES PRELIMINARY DESIGN PHASE A . Design Location Survey B . Geotechnical Investigation C . Boundary and Topographic Survey D Public meeting E. Preliminary Design Report (25 % Design). Five sets for review by CLIENT. FINAL DESIGN PHASE A. 50% Design Submittal Project specific documents including drawings on l l x 17 sheets and specifications on 8- 1 /2 x I I sheets for review by CLIENT. Five (5) sets, 50% complete. B . 75 % Design Submittal Project specific documents including drawings on 11 x 17 sheets and specifications on 8- 1 /2 x I 1 sheets for review by CLIENT. Five (5) sets, 7590 complete. C. 100% Design Submittal Project specific documents including drawings on I l x 17 sheets and specifications on 8- 1/2 x I 1 sheets for review by CLIENT. Five (5) sets, 100% complete . D . Final Design Submittal Project specific documents including drawings on 22 x 34 sheets and project specific specifications on 8- 1 /2 x I 1 loose sheets for reproduction by CLIENT. Final estimate of probable construction cost. CONSTRUCTION PHASE A. Shop Drawings 2 Copies of accepted and final shop drawings. Page 15 of 17 B . Construction Inspection 2 Copies of all site visit reports. C . Pay Requests 2 Copies of reviewed and accepted partial and final pay request applications. D . Record Drawings and Project Closeout One ( 1 ) full size signed and seated set of record drawing prints for submittal of permit certification documents to the regulatory agency. Two (2) full size sets of drawings. (Remainder of this page left blank intentionally.) Page 16 of 17 TABLE A HOURLY RATES The hourly rates for Engineer's personnel shall be as follows : For Work from December 26, 2005 through December 25 , 2006 : PERSONNEL CATEGORY HOURLY RATE Principal $ 195 .00 Engineer 7 $ 160.00 Engineer 6 $ 125 .00 Engineer 5 $ 110.00 Engineer $ 100.00 Engineer 3 $ 90.00 Engineer 2 $ 80.00 Engineer 1 $ 70.00 Survey Project Manager $ 110.00 Project Surveyor $ 90.00 Survey Technician $ 70.00 Survey Coordinator $ 75 .00 2 Man Field Crew $ 115 .00 3 Man Field Crew $ 135 .00 GPS Field Crew $ 115 .00 Technician 4 $ 90.00 Technician 3 $ 81 .00 Technician 2 $ 75 .00 Technician 1 $ 65 .00 Senior Field Representative $ 95 .00 Field Representative $ 70.00 Secretary $ 70 .00 Project Assistant $ 50 .00 Page 17 of 17 EXHIBIT 11CH Contract Number: 08DB-3C-10-40-01 -W 14 CFDA Number: • 14.228 FEDERALLY-FUNDED DISASTER RECOVERY S.UBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department ') , and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B . WHEREAS , the Department has received these grant funds from the U . S. Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C . WHEREAS, the Department has authoritypursuant to Florida law to disburse the funds under this Agreement NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1 ) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Grant Application, which was due on April 4, 2005, and submitted by the Recipient including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference .("the GrantApplidation") . (2) INCORPORATION OF LAWS, RULES , REGULATIONS AND POLICIES Both the Recipient and the Department shalt be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. 1 EXHIBIT 2, , r STAFF CATEGORIES AND HOURLY BILLING RATES Indian River County Stormwater Engineering . Maximum Billing Fate represents the maximum hourly biiiing rate by employee classifications that may be billed on this Contract, over the duration of the Contract. Therefore , these rates allow for salaryescalation over time . Maximum Billing Staff Category Rate Per Hour Project Officer% $220 Princi al QNQC $21D Sr. Project Manager. $182 M il Project Mana er $172 Sr. ProjectZn ineer / Scientist $142' Project Desi n En. ineer /. Scientist $116 . ' Desi n EnLLineer [ Scientist _: �. _•~`� $BS Sr. Technician $124 Technician $70 Clerical = $71D ' i t (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR i APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid* only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 l Federal Register. 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High 1 Education , Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations" If to Agreement is made with a commercial (far-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31 .2 and 931 .2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, fora period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request The Recipient shall ensure that audit working papers are made available to the Department or its designee , Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 2 1 . If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings. involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting ': documentation of all program costs, +in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B; Activity Work Plan(s), the' Grant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d). The Recipient, its employees or agents, including all subcontractors or F consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department (6) AUDIT REQUIREMENTS _ . (a) The Recipient agrees to maintain imanciai procedures and support documents, in accordance with generally, accepted accounting principles, to accountforthe .receipt and expenditure of funds under this Agreement I (b) These records shall be available at all reasonable times for inspection, review; 1 or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable" shalt be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a. m. to 5:00 p. m. , local time, Monday through Friday. i 3 i { (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring, the funds awarded under this Agreement. (d) If the Recipient is a State or local government or.a non-profit organization as defined in OMB Circular A- 133 , as revised , and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133 , as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. in connection with, the audit requirements addressed In Paragraph 6(d) above, the Recipient shall . fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500, 000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133 , as revised , is not required. In the. event that the Recipient expends less than $500, 000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section . 320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient dIrectIV to each of the following: 4 i The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 : ' and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections . 320(d)( 1 ) and (2), OMB. Circular A-133, as revised, should be submitted to the . Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 1D " Street '.• Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with .Sections .320 .(e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (0, OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of CommunityAffairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard i Tallahassee, Florida 32399-2100 (g) . Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular i 5 T I A-133, Florida Statutes , and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General , as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance- with OMB Circular AA 33 or Chapter 's 10:550 (local governmental entities) or 10 .650 (nonprofit and for-profit organizations) , Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance . (j) The Recipient shall have all audits completed by an independent certified public i accountant (IPA) who shall either be a certified public accountantor a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly progress reports, and with a closeout report. (b) Quarterly progress reports are due to be received by the Department no later than fifteen .(15) days after the end of each quarter of.the program year and shall continue to be submitted each quarter until submission of the administrative close-out report The ending dates for each quarter of the program year are March 15 , June 15, September 15 and December 15. (c) The closeout report is due forty-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first .occurs. i 6 (d) If all required reports and copies, prescribed above, are not sent to the department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11 ) REMEDIES. "Acceptable to the Department means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan(s), Attachments A and B of the Agreement, :and the Grant Application and subsequent revisions that are mutually agreed to by both parties. (e) The Recipient shall provide such additional program updates or information as may be required by.the Department (f) The Recipient shall comply with the Envirohmental Assessment and Request for Release of Funds process as set forth in 24 C.F. R. Part 58 within 90 days from the date of execution of this Agreement i (g) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients , and consultants who are paid with funds under this Agreement, to.ensure that time schedules are met, the Budget, Scope of Work and Grant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are - achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Grant Application including subsequentrevisions that are mutually agreed to by both parties. ' In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the 7 e. Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional Instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any i inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (g) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent _. ... .._.. .. . . . . .. . . .. ... - _ . .. _ _ . . contractor. (b) Any Recipient who is .a state agency, or subdivision, as defined in Section 768 . 281 Fla. Stat. , agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be fable for any damages proximately caused by said acts or omissions. Nothinghereinis intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract ( 10} DEFAULT if any of the following events occur'("Events of Defauii!% all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate i and the Department may, at its option , exercise any of its remedies set forth in Paragraph 11 , but the Department may make any payments or parts of payments after the, happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 8 1'k (a) if any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any .previous agreement with the Department and. has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material I adverse change withinthirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) ; If the Recipient has failed to perform and complete in timely fashion any of its obligations under-this AgreemenE . (11 ) REMEDIES Uponithe happening of an Event'of Default, then the Department may, at.its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period , exercise any one or more of the fallowing remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given atleast thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mall, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph ( 13) herein; (b) Commence an appropriate. legal or equitable action to enforce performance of this Agreement j (c) Withhold or suspend payment'of all or any part of a request for payment; J (d) Exercise any corrective or remedial actions, to Include but not be limited to: 1 , requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or tack of performance; g e 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 3. . advising the Recipient to suspend , discontinue or refrain from incurring costs for any activities in. question; or 4, requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available underlaw. (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to Insist on strict'performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any lfi!rther or subsequent default by the Recipient (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by_the Recipient to permit public access .to any document, paper, letter., or other material subject to disclosure under Chapter 119, Fla. Stat. , as amended . i (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. r 10 i (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement (d)" When this Agreement is terminated, the' Recipient wilt not incur new obligations for the terminated ' portion of the Agreement after the Recipient has received the notification of termination . The Recipient willcancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class,. certified mail, return receipt'requested, to the representative ' identified below at the address set forth below and; said notification attached to the original of this Agreement (b) The name and address of the Department contract manager for thiss Agreement Shannon Shiver Department of Community Affairs Small Cities Community Development Block Grant Program Disaster Recovery Initiatives 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 - Telephone: 850/410-0215 Fax.. 8501922-5609 . Email: .shannon.shlver@dca.state.fl.us 6. (c) The name and addressof the Representative of the Recipient responsible for the administration of this Agreement is: I Robert M . Keating Com . Dev . Dir . -- - --- _ ._ - - _ - -_- - . - - - 1840 25th Street Vero Beer. h FL aPAB0 - 32RF Telephone: 772 - 226 - 1254 Fax: 772 - 97B - 1B06 Email: hk' eetingOirc00y . Com "V 11 3 I (d ) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as. provided in (13)(a) above. ( 14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of the subcontract The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. ( 16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (d) ` This Agreement has the following attachments: ExhiM 1 - Funding Sources' i Attachment A — Budget and Scope of Work j Attachment B — Activity Work Plan(s) { i Attachment C — Program Statutes, Regulations and Program Conditions Attachment D — Reporting Requirements j Attachment F — Warranties and Representations 12 i i `i Attachment H — Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J — Special Conditions Attachment K — FloridaPAPERS ID and Password Request Login Form. (17), FUNDINGICONSIDERATION (a) The funding for this Agreement shall not exceed $7,500,000 subject to the i availability of funds. j (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Grant Application including revisions. (c) All funds shall be requested electronically through FloridaPAPERS. The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal'' (d) Pursuant to 24 C. F.R. Section 570.489(b), pre-agreement costs reflected in the grant application as originally submitted that relate to. preparation of the Grant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract (e) Funds expended for otherwise eligible activities prior to the effective date of ' the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible forfunding with Disaster funds. )f the necessary funds are 'not 'available to fund this Agreement as a resultof action.by Congress, the state Legislature, the Office of the Comptroller of the Office of Management and Budgeting, i all obligations on the part of the Department to make any further payment of funds. hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from { the Department. 13 i i (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the . order of " Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 ! In accordance with Section 215 .34(2) , Fla. Stat. , if a check or other draft is returned to the Department for collection , the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($ 15 .00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater. ( 19) VENDOR PAYMENTS . Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established Pursuant to Section 55.03(1 ) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1 -800-848-3792. (20) STANDARD CONDITIONS - - (a) The validity of this Agreement is subject to the truth and accuracy of all the information , representations, and. materials 'submitted or provided by the Recipieht in this Agreement, in. any subsequent submission or response to Department request, or in any submission or response to fulfill I the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall , at the option of i the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient ; 14 i i (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed hull and void to the extent of such conflict, and shall be .deemed severable; but shall not invalidate any other provision of this Agreement (c) . Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U . S.C. Section 12101 et seg . , if applicable; which prohibits, discrimination by public and private entities on the basis of disability in ;the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendorlist following. a conviction for a public entity crime or on th. e discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list (g)' _ ' :An entity orasaie who has been placedon- thadiscriminatory vendor: istmay i not submit a bid on a contract to provide 'goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not 3 submit bids on leases of real. property to'a public entity, may not award or perform work as a contractor, F supplier,- subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. i i 15 i - i I i (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals; 1 , are not presently debarred, suspended , proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been I convicted of or had a civiijudgment rendered against them for commission of fraud or a criminal offense I in connection with obtaining , attempting to obtain, or performing a public (federal , state or local) i i transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2. of this certification; and 4 . have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient Is unable to certify to any of the statements in this certification ? such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) I the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (AttachmeatH) for each prospective subcontractor which Recipient intends to fund under this Agreement Such. form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE " BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM:' 16 a i (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla.: Stat or the Florida Constitution. (j) An bills for fees or other compensation for services or expenses shelf be submitted in detail sufficient for a proper preaudit and postaudit thereof. i (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061 , Fla. Stat, (I) The Department of Community Affairs reserves the right to unilaterally cancel ' this `Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat, and made or received by the Recipient in conjunction with this Agreement _ - (m) If the Recipient is allowed to temporarily invest any advances ofdunds under this. Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to , pay the contract amount (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment: provisions contained in 8 U .S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INK)]. The Department 'shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral. cancellation of this Agreement by . the Department i (21 ) ' LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with i this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. 17 f f F I f I 1 .. No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal lean, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will i i be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying ," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. , This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure: . (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. j i ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE a 18 ' i i i OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing i patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. j r (b) If any discovery or invention arises or Is developed in the course of or as a j result of work or services performed under this Agreement, or in any way connected. herewith, the j Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State. of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall i notify the Department. Any and all copyrights accruing under or iri connection with the performance ;under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Wthirf thirty (30) days of execution of this Agreement, the. Recipient shall . i disclose all intellectual properties relevant to the performance of this Agreement; which he or she knows or should know, could give rise Yo a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing Intellectual property which is so disclosed . Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement (23) LEGAL AUTHORIZATION. _ - The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants i and assurances contained herein. -The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement i 19 i 5 I (24) ASSURANCES . The Recipient shall comply with any Statement of Assurances incorporated as Attachment I. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed ,by their undersigned officials as duly authorized. RECIPIENT: j Indian Rer ounty BY: Nameandtitle: Rnh t K atin munity Development Director Date: 7 / 6 / 05 FID#: 596000674 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS i BY: . Name and Title: Janice Browning , Director Division of Housing and Community Develooment i i i 1 i 1 i 20 I J i i 1 EXHMIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: i Federal Program: U.S , Department of Housing and UrbanDevelopment' CFDA # 14.228 $7,500,000 i Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows : Note: If the resources awarded to the recipient represent more than one Federal program' list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement and the Application incorporated herein by reference. The Recipient shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a)„Florida Statutes, require that the information about Federal programs and State projects included in Exhibit 1 be provided to the Recipient: i i i i l 1 1 i i 21 r Indian River County 06DB-3C-10-40-01 -W 14 ATTACHMENT A - DISASTER RECOVERY INITIATIVE PROGRAM PROGRAM BUDGET AND SCOPE OF WORK: SA 1 Rockridge Subdivision Surge/Flood Protection 1 ' 2 3 4 5 7 8 9 10 11 ACTIVITY ACCOMPLISHMENTS ' BENEFICIARIES BUDGET NATL. NUMBER DESCRIPTION UNIT NUMBER ' LMI TOTAL CDBG AMOUNT 'OTHER FUNDS 'SOURCE # OBJECTIVE 031 Flood & Drainage Facilities 2 1 ,049 1 ,667 $1 ,900,000.00 $1 , 185,000.00 1 LMI TOTALS 2 1 ,049 1 ,667 $1 ,900,000.00 $1 , 185,000.00 " SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMNS 9 AND 10 ABOVE) 1 Local Gov'k Reserves/FEMA/Private Contributions _ — $1 , 185,0000.000 5 2 --------- ----------------__—_---- $--- 6 ---------------- 8 j RECIPIENT: Indian River County CONTRACT #:0608-3C-10-40-01 -W 14 ATTACHMENT A - DISASTER. RECOVERY INITIATIVE PROGRAM PROGRAM BUDGETAND SCOPE OF WORK SUMMARY PAGE 1 - 2 3 4 5 7 8 9 10 11 ACTIVITY ACCOMPLISHMENTS BENEFICIARIES BUDGET NATL. NUMBER DESCRIPTION UNIT NUMBER LMI TOTAL CDBG AMOUNT 'OTHERFUNDS 'SOURCE # OBJECTIVE 21A ADMINISTRATION $562,500.00 21B ENGINEERING $10125,000.00 031 Florid & Drainage Facilities 2 1 ,049 1 667 $1 ,900,000.00 $1 ,185,000.00 1 03J Sewer Facilities LF . 21 ,500 NJ $1 ,619500.00 $1 ,505,500.00 . 2 3J Potable Water Llnes LF 1 79050 916 1 ,592 $825,000.00 I30 Fire Station Rehab Building 1 51328 10 602 $210,000.00 $45,998.00 3 0130 Firef Station Replacement Buildin 1 10,190 25,669 $1 ,200,000.00 $88,315.00 3 030 . Fire Station Rehab Building 1 1 ,289 3$ 31 $56,000.00 $6,918.00 3 I r TOTALS 28,555 180772 . 43,061 $7,500,000.00 $2,631 ,731 .00 i SOURCES AND AMOUNTS OF"OTHER FUNDS" COLUMNS 9 AND 10 ABOVE i I ) 1 Local Govt Reserves/FEMA/Private Contributions - $11185 000 00 5 $ 2 Local Govt Reserves/FEMA/Utilities Reserve $11505,500.00 6 3 Insuiance/Local Gov't Reserves/FEMA $141,231 .00 7 $ '------------------------------------'_-------' '---------------------- •------------------' ----------- 4 '------= ---'-------------------- $---------- —• 8 •------=---"----------• $----'--------- ----------' I Indian River County 06DB-3C-10-40-01 -W 14 ATTACHMENT A - DISASTER RECOVERY INITIATIVE PROGRAM PROGRAM BUDGET AND SCOPE OF WORK: SA 2 -, Rockr clge Subdivision Sanitary Sewer " 1 2 3 4 5 7 8 9 10' 11 ACTIVITY ACCOMPLISHMENTS BENEFICIARIES - BUDGET NATL. NUMBER DESCRIPTION UNIT NUMBER LMI TOTAL CDBGAMOUNT 'OTHERFUNDS `SOURCE # OBJECTIVE 03J Sewer Facilities LF 21 ,500 11049 1 ,667 $1 ,619,500.00 $1 ,505,500.00 2 LMI TOTALS 21 ,500 1 ,049 11667 $1 ,619,500.00 $1 ,505,500.00 SOURCES AND AMOUNTS OF "OTHER FUNDS" (COLUMNS 9 AND 10 ABOVE) ----'---'-------------------------------------"------ 1 -----------------------------------------_..----'' ------------------------ 5 2 Local Gov't Reserves/FEMA/Utilities Reserve . _ - $1 ,505,500.00 6 Indian River County 06DB-3070-40-01 -W 14 ' ATTACHMENTA - DISASTER RECOVERY INITIATIVE PROGRAM PROGRAM BUDGET AND SCOPE OF WORK: SA 3 - West Wabasso Water Line Extension 1 2 3 4 5 7 8 9 10 11 ACTIVITY ACCOMPLISHMENTS I BENEFICIARIES BUDGET ATL. NUMBER DESCRIPTION UNIT NUMBER LMI , TOTAL CDBG AMOUNT 'OTHER FUNDS `SOURCE # OBJECTIVE �03J Potable Water Lines LF 71050 916 1 ,592 $825,000.00 LMI i III TOTALS EE 7,050 91e 1 ,592 $825,000.00 . $0001 1 " SOURCES AND AMOUNTS OFF "OTHER FUNDS" (COLUMNS 9 AND 10 -ABOVE) -.... . - - - - - .- -- - - - - i 2 ..............______ 6 —----------------- 3 —'----- -- —_ -------------- ---._----------'--- ! j . 5 Attachment C State and Federal Statutes, Regulations and Program Conditions i By signature of this Agreement, the local government.hereby certifies that it will comply with the following 1 applicable federal and state requirements: Section I : State and Federal Statutes and Regulations i 1 . Community Development Block Grant, Final Rule, 24 35. Protection of Historic and Cultural Properties under C.F.R., Part 570; HUD Programs, 24 C.F.R. Part 59; i 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36. Coastal Zone ManagementAct of 19720 P.L. 92-583; i _ 3. Florida Coastal Zone Protection Act, s. 161 .52.161 .58, 37. Architectural and Construction Standards; _ F.S.; 38. Architectural Barriers Act of 1968, 42 U.S.C. 4151 ; 4. Local Government Comprehensive Planning and Land 39. Executive Order 11296, relating to evaluation of flood Development Regulation Act, Ch. 163; F.S.; hazards; 5. Title I of the Housing and Community Development Act 40. Executive Order 11288, relating to prevention, control . of 1974, as amended and abatement of water pollution; 6. Treasury Circular 1075 regarding drawdown of CDBG 41 . Cost-Effective Energy Conservation Standards, 24 funds C.F.R. _ 7. Sections 290.0401 -290.049, F.S.; Part 39; 8. Rule Chapter 98-43, Fla. Admin. Code.; 42.. Section 8 Existing Housing Quality Standards, 24 9. Department of Community Affairs Technical . C.F.R. - Memorandums; Part 882; 10. HUD Circular Memorandums applicable to the Small 43. Coastal Baffler Resource Act of 1962; Cities CDBG Program; 44. Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et 11 Single Audit Act of 1984; seq.; 12. National Environmental Policy Act of 1969 and other 45. Title VI of the Civil Rights Act of 1964 -. Non- provisions of,law which further the purpose of this Act; discrimination; . . Is. NaUonal Historic Preservation Actof 1966 (Public 46. . Tiye VII of the Civil Rights Act of 1968 - Non- Law89-665) discrimination in housing;. as amended and Protection of Historic Properties (24 47- Age Discrimination Act of'1975;' C.F.R. Part 800); - 48. Executive Order 12892- Fair Housing 14. Preservation of Archaeological and Historical Data Act 49. Section 109 of the Housing and Community of 1966; - Development Act of 1974, Non-discrimination; 15. Executive Order 11593 - Protection and Enhancement 50. Section 504 of the Rehabilitation Act of 1973 and 24 of Cultural Environment; - C.F"R 1 16. Reservoir Salvage Act; Pan 8; 17. Safe Drinking Water Act of 1974, as amended; 51 . Executive Order 11063 - Equal Opportunity in 18. Endangered Species Act of 1958, as amended; Housing; 19. Executive Order 12898 - Environmental Justice 52. Executive Order 11246 - Non-discrimination; j . 20. Executive Order 11988 and 24 C.F.R. Part 55 - 53. Section 3 of the Housing and Urban Development Act _ Floodplain. Management; of 1968, as amended - Employment/Training of Lower . 21 . The Federal Water Pollution Control Act of 1972, as Income Residents, and Local.Business Contracting; amended (33 U.S.C., s. 1251 et.seq.); 54. Uniform Relocation Assistance and Real Property 22. Executive Order 11990 - Protection of Wetlands; Acquisition Policies Act of 1970, P.L., 100-17, and 49 23. Coastal Zone ManagementAct of 1968, as amended; C.F.R. Part 24; . . 24. Wila and Scenic,RlversArt of 1968, as.amended; 55. Copeland Anti-IQckback Act of 1934; 25. Clean Air Ad of 1977; " . 56. . Hatch Act; . . .. : . . 26. HUD Environmental Standards (24 C.F.R. Part 58); - 57. Title tV Lead-Based Paint PotsonIng Prevention Act 27. ' Farmland Protection Policy Act'of 1981 ; '(42 U.S.C.,-s. f251 et seq. ;' 28. Clean Water Act of 1977; _ 58. OMBClrculars A-87; A-122, and A-133, as revised; 29. Davis - Bacon Act 59. Administrative Requirements for Grants, 24 C.F.R. 30. Contract Work Hours and Safety Standards Act of Part 85; 1962, 40 U.S.C. s. 327 eL seq.; 60. Section 102 of the Department of Housing and Urban j 31 . The Wildlife Coordination Act of 1958, as amended; Development Reform Act of 1989 and 24 C.F.R. Part 32. The Solid Waste Disposal Act, as amended by the 12; j Resource Conservation and Recovery Act of 1975 (42 61 . Emergency Rule 9BER05-2, CDBG Disaster Recovery U.S.C., s. 6901 et seq.); Funds; 33. Noise Abatement and Control: Departmental Policy 62. HUD program requirements for disaster recovery Impierientation, Responsibilities, and Standards, 24 projects as published in Federal Register, Vol. 69, C.F.R. Part 51 , Subpart B; No. 237 (December 10, 2004). Pocket No. FR-4959 - 34. Flood Disaster Protection Act of 1973, P.L. 92-234; N-01). i 24 r � J Section II : Program Conditions - Disaster Recovery initiative Program 1 . Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than nlnety-days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R: Part 58,- Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C. F. R. Section 1500-1508, National Environmental Policy Act Regulations. Wherithis condition has been fulfilled to the satisfaction of the Department, the Department will Issue a Notice of Removal of Environmental Conditions; b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d: The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement e. Submit to the Department copies of all adopted required policies not provided at the time of original. Application; which the Recipient certified would be adopted. Also, unless submitted with the grant application .or reviewed at the site. visit and determined to 'be acceptable; submit an , executed copy of the required inter-local Agreement if more than one local government is covered by this contract. . 2. For each procured and executed professional services contract for which Disaster funding will be . requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a copy of the following procurement documents: a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notifigbon of the request for proposals was provided by mail or by fax; C. _ . List of firms that submitted a proposal (only if short-listing procedure was used); d. Completed short-listing evaluation / ranking. forMs, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); j P. . Completed final evaluation I ranking forms; 3 i f. . Portion of commission minutes dealing with contract award; g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); t 3 S 25 i i S i i t h. Contract (signed or proposed); L Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60, 000; j j , If a protest was filed, a copy of the protest and documentation of resolution; k. . A request for the. Department's approval of a single source procurement if only one firm j was considered and the contract exceeds $25;000; I. If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and M. If professional services procurement will not be undertaken, so advise the Department 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: i a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements , and in no way does It indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans , and bid documents; and C. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrativg costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4. For. activities requiring acquisition of property, the Recipient shall: a. ` Should-the Recipient be undertaking any.activity sUbject .to the. Uriiform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) , as amended ,: and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of I the acquisition, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed , waiver of rights (for donations), as applicable. The documentation shall be submitted within 45 days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. 1 i i . r 26 i i I b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, i and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver ' rights (for donations),. and estimated settlement costs; as applicable. The documentation shall be submitted to the Department for review' priorto closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within 45 days of the acquisition, i i 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement In Section 381 .00655(1 ), Fla. Stat. (1995) to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be provided at least ode year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds. 7. The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local. government before closeout of the grant will be used to continue grant activities in compliance with all aplicable requirements of 25 C. F. R. Section570.489(e): The. amount of program income earned and expehded must be reported to the Department ori a quarterly basis. Quarterly progress reports are due to be received b the Department no later than 30 days after the end of each quarter of the program year and shall continue .to. be submitted each quarter until submission of the administrative closeout report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31 . t 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C. F. R. Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and t , Jam _d shall� lm uuc aian remain Li ui2 name vl we neCipient. Such deed be 1rnade a pall of the public records - in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C. F.R. Section 85.31 . Any future .change of use shalt be in . accordance with 24 C.F. R. Section 570.48gjj). 10. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 3 11 . All amendments to the activities contained in the application ; including proposed new activities I must be approved by the Department in writing prior to the date of Initiation of that activity a the execution of any contract with any third party relating to such activity. The Department reserves the right 27, s i to require that deletion of an activity meeting the LMI national objective be replaced with another activity I meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD. 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred. 13, The Recipient shall comply with the historic preservation requirements of 24 C. F. R. 58. 17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. i 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C . F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C. F. R. Section 670.489(h). All procurement actions shall be conducted pursuant to 24 C.F. R. Section 85. 36 and Rule 98-43, Fla Admin. Code. I 15. The Recipient shall maintain records .of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan($). 16 . if an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification . This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acqui's!6ori of property; right-of-way,. or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipientfail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18 . If, as a result of a site isit, the Department identifies any issues affecting the eligibillty for funding any activity in the application , the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with . a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as " direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person.. If documentation that the person qualifies as an LMI person is not provided; then the cost of debris removal is not allowed: 20. ' Following demolition of a structure on private property, the local government shall place 's lien against the real property for the cost of demolition. If the lien is not recorded against the real property, i then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the Sub- "ant period. A copy of the lien shall be maintained In the project files. When the lien is paid, the funds s 11 be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 28 3 t i j 21 . For any activity performed as an "urgent need,' the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the " threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. i 22. If grant funds are used for acquisition of property for, or infrastructure in support of, dull housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. 1 23. If grant funds are used for " slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted' area and meets HUD requirements for j "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight" 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final ` use or disposition shall be met. 25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: : I a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same Information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have beeh.corrected and the home meets Section_ 8. Housing Quality Standards. 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01 ] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U . S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how,compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit C.n:_ J_ _ fi__�i__ tL Cl_ •J_ MQ...J .1. .:_., J. L,,. _n d:. _ MIS actlVlty, inu' Viu'uai beneuciaucc. Dup iCauou of enef Ls :Uanuucu uuf my fTfoniwnug, buy au aSuuu, vi vu ft, means may require repayment of duplication of benefit funds. i G i S 29 s i � 1 j J a I I Attachment D Reporting Requirements i The following reports must be completed and submitted to the Department in the time frame i indicated . Failure to timely file these reports, constitutes an event of default, as defined in Paragraph (10) of this Agreement. i 1 . The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If j no activity has taken place during the reporting period, the form must indicate 'no activity". 2. The Request for Funds (RFF) Form must be submitted to the Department electronically at a minimum of once per quarter. If no activity has taken place during the reporting period for which funds will be requested, the form must indicate, "no funds are required". A breakout of expenditures by service area must be submitted that supports expenditures reflected on the RFF. These service area breakouts must be received and reviewed prior to approving the RFF for processing . 3. The Projection of Contract Payments and Report on Accomplishments To Date Form must be submitted to the Department (4) times a year: May 1 , August 1 November 1 and February 1 . In Section I Funding Projection, indicate the amount of funds that will be required for the applicable reporting period . If no funds will be required, a zero should be reflected in the applicable reporting period . In Section 11 Accomplishments; all accomplishments must be reported from implementation to date of report ' 4. The Project Generated Income Report, if applicable, must be submitted to the Department on a quarterly basis on the form provided by the Department The form must reflect all earned or expended income and show the available balance as of the end of the reporting period . i I I I i { I A e 30 i 1 Attachment F Warranties and Representations ? i Financial Management Recipient's financial management system shall provide for the following: ( 1 ) Accurate, current and complete disclosure of the financial results of this project or program i (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, ' unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for . authorized purposes. (4) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions. of the applicable cost principles and the terms and conditions of this grant 1 (5) Accounting records, including cost accounting records that are supported by source documentation . Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive . practices among contractors that may restrict or eliminate competition or otherwise restrain .irade. -In' order to ensure objective contractor performance and eliminate unfair competitive advantage, contractorsahat develop or draft specifications, requirements, statements of work: invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall' � _. c_ . u u u `lan rduffl in cider for ' is bid or offer .o be evaluated rby the Recipient Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct i The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be.involved. Such a conflict would arise when, the employee, officer, or agent,. . . any member of his or her,fmmediate family,. his or partner, or an organisation which employs or is about to employ any of the parties indicated herein, has a'flnancial or other inteYest in the firm selected for 9 an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, i employees, or agents of the recipient ) I 31 1 } r e i Business Hours i The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 9:00 A. M. to 5: 00 P.M . Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits " required for all of the particular work for which they are hired. i i i i i i i i i 1 i i i ii I i i i I 32 t i s f a I ' t�t Attachment H j Contractor Covered Transactions ( 1 ) The prospective 'contractor of the Recipient, Indian River County, certifies, by submission of this j document, that neither it nor its principals Is presently debarred, suspended, *Proposed for debarment, declared ineligible, or voluntarily excluded from Oarticipation in this transaction by any Federal department or agency. i I i (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. A-ssoo4•rt vice P:2xs� �rm,- Indian River County Contractor's Name and Title Recipient's. Name ; 06DB-3C-10-40-01 -W 14 Signature DCA Contract Number i 1 Firm s `1 � :✓ PP/J-cuciG /3L✓Jy S✓ / Fe y Street Address City, State, Zip d2- - za - oG� Date i - i i i 1 - - 1 NOTE: SUBMISSION OF THIS. FORM DOES NOT PRECLUDE RECIPIENTS COMPLETION AND SUBMISSION OF THE " BIDDING;INFORMATION AND CONTRACTOR ELIGIBILITY FORM." ' i 8 ii S 1i q i i a 33 3 3