HomeMy WebLinkAbout2004-095 ARTICLE 2
GENERAL ADMINISTRATION SCOPE OF SERVICES
A. RESPONSIBILITY OF THE CONSULTANT
The Consultant shall perform all tasks identified in Exhibit "D" which include the following services
for the general administration aspect of the Project :
1 . Coordinate, monitor, and evaluate the direct costs of the overall program, including but not
limited to the multiple activities outlined in the subsections of the Agreement below .
2 . Develop , plan, implement, and assess the citizen ' s participation to all community
organizations , including but not limited to providing program information, technical
assistance to citizens , publishing applicable notices , and conducting applicable meetings
and/or hearings , as well as responding to citizen inquiry regarding the Project .
3 . Dissemination to the public of all programs involving citizens participation to all
Community organizations , including, but not limited to providing the program information,
technical assistance to community groups, and dissemination of materials .
4 . Establish and maintain general and related files , containing sufficient detail for the
purposes of audit requirements for the administration of the Project .
5 . Establish procedures relating to the procurement and implementation of contractual
services all pursuant to Department of Housing and Urban Development (HUD) and DCA
requirements and regulations .
6 . Attend all County committee and Board of County Commissioners meetings at which the
progress of the Project is being discussed or which requires Board of County
Commissioners action and prepare all back up documentation for submittal as part of the
agenda for all applicable committee meeting or Board of County Commissioners meeting.
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T Establish and maintain sufficient records, internal control procedures, files , bookkeeping
and audit procedures , in order to comply with the record keeping and audit requirements as
outlined in the Project Contract and as required by applicable State and Federal laws and
administrative rules as outlined in the Project-Contract .
8 . For audit reports required to be filed with DCA, and prepared by a certified public
accountant, Consultant shall coordinate the accountant ' s progress , deliver all records
necessary for completion of the audit to the accountant, and assist the County in filing the
audit with the proper authority once completed. Consultant shall ensure that all audits
meet the requirements of sections 11 . 45 and 216 . 349 , Florida Statutes and Chapter 10 . 550
and 10 . 600, Rules of the Auditor General , and, to the extent applicable, the Single Audit
Act of 1984 , 31 U . S . C . ss . 7501 . 7507 , OMB Circulars A- 128 or A- 133 , for the purposes of
auditing and monitoring the funds awarded under the Project Contract.
9 . Monitor the progress of the Project to ensure compliance with all HUD and DCA
regulations and prepare all necessary and all requested responses to inquiries from all
applicable Local, State, and Federal Governmental units .
10 . Evaluate the various aspects of the Project according to HUD and DCA regulations and
prepare all final reports to said agencies .
11 . Prepare adequate advertising for all aspects of the Project as necessary to ensure active
citizen participation, including, but not limited to the environmental aspects of the Project,
and place said advertising .
12 . To be the primary Consultant of the Project and be responsible for accomplishing all things
necessary to ensure that the County complies with the obligations , reporting requirements
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and all referenced laws, rules and regulations for administering the Project, all as set forth
in the Project Agreement and all attachments thereto and references therein.
13 . To keep the County Finance Department informed of the Project on a monthly basis with a
written report to the County indicating the status of all work, the nature of any contracts
from any applicable government agencies and the Consultant ' s response .
14 . Establish and maintain adequate bookkeeping systems and internal control procedures for
the purpose of complying with the audit requirements required pursuant to the Project
Agreement, as well as that required by applicable State, and Federal law, and implement
said bookkeeping systems and generation of records .
15 . Undertake primary responsibility for the procurement of professional services contracts
and all other contracts for goods and services for the Project, including interviewing and
selection of professionals in accord with the Florida Consultants Competitive Negotiation
Act, preparation of bid information, publishing of bid solicitation, review of responsive
bids and recommendation of award, preparation of contracts to be presented to the Board
of County Commissioners for approval and execution, and administration of all contracts
to ensure compliance with all applicable HUD and DCA requirements .
16 . Prepare all professional service contracts and all other contracts for goods and services
necessary for the completion of the Project and ensure they are consistent with all federal
and state laws , regulations and rules as required by the terms of the Project agreement .
17 . Administer all contracts entered into between the County and various professionals,
contractors , and vendors in accord with the requirements of HUD , DCA and any other
federal or local agency whose laws or regulations affect the project .
18 . Establish and maintain construction files relating to the work for the Project.
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19 . Certify on each invoice presented for payment pursuant to any contract that the referenced
services or procurement of goods have been accomplished in compliance with the Project
Contract and all applicable attachments and references .
20 . Schedule, coordinate and attend pre-construction conferences .
21 . Establish and maintain the County' s equal opportunity files for the Project .
22 . Prepare and send all required notices pursuant to the Agreement to all affected agencies,
including the Department of Labor, HUD , or DCA that the construction work pursuant to
the Project has commenced .
23 . Attend all HUD and DCA monitoring visits and prepare the County response to HUD and
DCA monitoring letters and initiate all remedial or compliance measures if any, as directed
by HUD , DCA or any other Local, State or Federal Governmental units .
24 . Keep , complete and maintain files pertaining to the Project for use by the County and
interested citizens .
25 . Prepare for and represent the County before any State or Federal Board or meetings
regarding the Project Contract .
26 . Give prompt notice to the County whenever the Consultant observes or otherwise becomes
aware of any defects or problems with the Project.
27 . Inform the County of all meetings involving the Project including all meetings with
applicable government agencies or pertaining to personal service contracts with architects
and/or engineers regarding this Project.
28 . Be responsible for the handling of all aspects of the day to day monitoring of the progress
of the work performed pursuant to the Project Agreement .
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29 . Supervise the preparation and submittal of all applications for any permit required for the
work to be performed under the Project Agreement, and supervise the preparation and
submittal of any additional requests for information arising from the permit application .
Be RESPONSIBILITY OF THE COUNTY
The County' s responsibility in regard to this subsection General Administration shall be :
1 . To assist the Consultant in the provision of the necessary financial data or other data or
information in its possession needed in order to comply with the Project Agreement .
2 . To provide assistance in implementation of the contractual services necessary for the
Proj ect .
3 . To provide an acceptable space for the Consultant to utilize on a regular basis in order to
carry out the administration of the Project .
4 . To establish and maintain rapport with individual citizens and community groups
regarding the Project .
5 . To notify the Consultant of all County committee meetings and Board meetings at which
the Project can be discussed .
6 . To assist the consultant when needed for administering the project . However, it is
expressly understood and agreed to between the parties to this Agreement that the County
shall not be primarily responsible for administering the Project Contract . The Consultant
shall be responsible for preparing or filing with the applicable governmental agency on
behalf of the County any reports and audits which are required, preparing any bid
proposals , preparing any contracts which must be entered into , monitoring and keeping a
record of all payments due under any contract and the associated compliance with the
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various laws , rules and regulations which affect the project, preparing and submitting any
permit applications, and any other thing necessary to properly administer the Project
Contract . The County will provide information which it has in its possession as needed to
the Consultant.
7 . To assist the Consultant in placing at its disposal all available information pertinent to the
sites of the Project including previous reports and any other data relative to design and
construction of the Project .
8 . Review, once prepared and executed by the contractors or vendors, all contracts for goods
and services necessary for the administration of the Project .
9 . Designate a member of the County staff who will act as a contact person with the
Administer to facilitate and transmit information, and receive information . The County
agrees to submit said person ' s name to the Consultant within ten days of the execution of
this Agreement .
10 . Give prompt notice to the Consultant whenever the County observes or otherwise becomes
aware of any defects or problems with the Project.
11 . Inform the Consultant of all meetings involving any applicable government agency or
regarding any personal service contracts with architects and/or engineers regarding this
Project .
ARTICLE 3
PERIOD OF PERFORMANCE
The period of performance under this Contract shall begin upon the signing of this contract and
shall be completed upon denial of funding of the County' s Small Cities Community Development
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Block Grant project by the Florida Department of Community Affairs or upon the final completion of
Florida Community Development Block Grant Small Cities Program Project as approved by DCA.
ARTICLE 4
COMPENSATION
The County agrees to pay the Consultant and his associates in the following manner provided the
grant is awarded by the Department of Community Affairs :
The County agrees to pay the Consultant as compensation under this Agreement the total sum of Fifty
Thousand Dollars ($ 50, 000 . 00) in accordance with Exhibit "C" and Exhibit "D" upon receipt of
invoice for completion of each task.
All requests for payment shall be submitted by the Consultant in detail sufficient for a proper pre-
audit and post audit review. Travel time and mileage from the Consultant ' s place of business to the
Project Site or to the County Administration building shall not be reimbursable .
ARTICLE 5
CITIZENS PARTICIPATION
It is understood between the parties that both the County and the Consultant shall encourage
continuous participation in the Project by the citizens of the area. It is further understood that the
Consultant shall be responsible for preparing and placing adequate advertising of the Project . It is
understood that funds for such advertising shall be paid from the Project grant funds . The Consultant
shall be responsible for scheduling and coordinating meetings of the County ' s CDBG Citizens
Advisory Task Force (CATF) . It shall be the responsibility of the County to furnish a location for
such meetings .
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ARTICLE 6
COUNTY CONTACT PERSON
The contact person who will represent the County in all matters pertaining to the Project shall be
Mr. Robert M . Keating, Community Development Director, or his Designee . The Consultant contact
person shall be Andy Easton.
ARTICLE 7
EXCLUSIVE REPRESENTATION
It is understood between the parties that Andy Easton will represent this Project before any and all
DCA or HUD meetings or hearings . A representative of the County may attend upon being so
notified of the meeting .
ARTICLE 8
CONFLICT OF INTEREST
The County having been so advised by the Consultant does hereby recognize that the Consultant
has provided similar area services in the past to the County and to area governmental bodies and may
be so engaged in a similar project at this time or in the future and the parties agree that these Projects
by the Consultant do not constitute a conflict of interest with the Project .
ARTICLE 9
SOCIAL SECURITY AND FEDERAL WITHHOLDING OF INCOME TAX
The County is not liable for Social Security contributions pursuant to Section 42 U. S . C . 481 or
federal withholding of income tax , with regard to the compensation of the Consultant during the
period of this Agreement .
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ARTICLE 10
CONTRACT AMENDMENT
The terms and conditions of this Agreement may be changed at any time by mutual agreement of
the parties hereto , must be in writing to be effective, and all such changes shall be incorporated as
written amendments to the Agreement.
ARTICLE 11
TERMINATION
1 . This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other to fulfill its obligations under this Agreement
provided that no termination may be effected unless the other party is given at least ten
( 10) calendar days written notice delivered by hand or by certified mail, return receipt
requested, of intent to terminate and an opportunity for consultation with the terminating
party during said ten day period prior to termination .
2 . This Agreement may be terminated in whole or in part in writing by the County for its
convenience and without cause, provided that the Consultant is afforded the same notice
and consultation opportunity specified in subsection 1 above .
3 . If termination for default is effected by the County, then the Consultant shall be paid for
services rendered to the point of termination . No amount shall be allowed for anticipated
profit on unperformed services or other work. The County shall be entitled to set off from
any payment due to the Consultant at the time of termination any additional costs to the
County arising from the Consultant ' s default.
4 . If termination for convenience without cause is effected by the County, then the Consultant
shall be paid for services rendered and expenses incurred prior to receipt of the notice of
intent to terminate , in addition to termination settlement costs reasonably incurred by the
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Consultant relating to commitments (e . g . suppliers , subcontractors) which had become
firm prior to receipt of the notice of intent to terminate, if any, and upon proper
documentation submittal .
5 . Upon receipt of a notice of termination, the Consultant shall promptly discontinue all
affected work (unless the notice directs otherwise) and deliver or otherwise make available
to the County all data, drawings, reports, specifications, summaries and other such
information, as may have been accumulated by the Consultant in performing this
Agreement, whether completed or in progress .
6 . Upon termination, the County may take over the work and award another party a contract
to complete the work described in this Agreement and Project Agreement .
ARTICLE 12
REMEDIES
Unless otherwise provided in this Agreement, all claims, counterclaims , disputes and other matters
in question between the County and the Consultant, arising out of or relating to this Agreement, or the
breach of it, will be governed by the laws of the State of Florida and such claims , counterclaims ,
disputes and other matters shall be brought in Indian River County, Florida. Arbitration may be
utilized if the parties mutually agree . In the event suit to enforce this Agreement must be brought or
arbitration initiated, the prevailing party therein shall be entitled to an award of attorney' s fees and
costs , including attorneys fees incurred in seeking a judgment confirming any arbitration order.
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ARTICLE 13
ACCESS TO RECORDS
All documents in any way pertaining or relating to the administration of the Project on behalf of
the County shall be public records as defined by Florida law in the hands of the Consultant and as a
result shall be open to inspection by the county and or public upon request .
ARTICLE 14
RETENTION OF RECORDS
The Consultant shall retain all records relating to this Agreement for three years after the County
makes a final payment and all other pending matters are closed .
ARTICLE 15
EQUAL OPPORTUNITY
The Consultant warrants that there shall be no discrimination against employees, applicants for
employment, those to whom services are rendered, and applicants for such services under this
Agreement because of race, color, age, sex , religion, national origin, place of birth, ancestry, handicap
or familial status . During the performance of the function described herein the Consultant agrees to
the following conditions pertaining to the recognition and protection of the civil rights of employees,
applicants for employment, those to whom services are rendered, and applicants for such services :
1 . The Consultant will comply with the provisions of Title VI of the Civil Rights Act of 1964,
P . L. 88 -352 , as amended, and rules and regulations published pursuant thereto , all of
which are made a part hereof as if fully incorporated herein.
2 . The Consultant will comply with the provision of Presidential Executive Order Number
11246 of September 24 , 1965 , as amended, 3 CFR, Chapter 4, which is made a part hereof
as if fully incorporated herein, and Section 204 of said Presidential Executive Order which
must be set forth verbatim, as follows :
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"During the performance of this Agreement, the Consultant agrees as follows :
1 . The Consultant will not discriminate against any employee or an applicant
for employment because of race , color, age, sex , religion, national origin, place of birth,
ancestry, handicap , or familial status . Such action shall include, but not be limited to the
following : employment, upgrading, demotion, transfer, recruitment, termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship .
The Consultant agrees to post in conspicuous places , available to employees and applicants
for employment, notice to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause .
2 . The Consultant will , in all solicitations or advertisements for employees placed by or on
behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, age, sex , religion, national origin, place of birth,
ancestry, handicap , or familial status .
I The Consultant will send to each labor union or representative or workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency, contracting officer advising the labor union or worker ' s
representative of the Consultant ' s commitments under Section 204 of Executive Order
Number 11246 of September 24 , 1965 , and shall post copies of the notice in conspicuous
places available to employees and applicants for employment .
4 . The Consultant will comply with all provisions of Executive Order Number 11246 of
September 24, 1965 , and by the rules, regulations , and orders of the Secretary of Labor.
5 . The Consultant will furnish all information and reports required by Executive Order
Number 11246 of September 24 , 1965 , and by the rules, regulations , and order of the
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Secretary of Labor, or pursuant thereto , and will permit access to his books , records , and
accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders .
6 . In the event of the Consultant ' s noncompliance with the non-discrimination clauses of this
Agreement or with such rules , regulations , or orders , this Agreement may be cancelled,
terminated, or suspended in whole or in part and the Consultant may be declared ineligible
for further government contracts in accordance with procedures authorized in Executive
Order Number 11246 of September 24 , 1965 , and such other sanctions may be imposed
and remedies invoked as provided in Executive Order Number 11246 , or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law .
7 . The Consultant will include the provisions of subparagraphs ( 1 ) through (6) in every
subcontract or purchase order unless exempted by rules , regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order Number 11246 of
September 24 , 1965 , so that such provisions will be binding upon subcontractors or
vendors . The Consultant will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions
including sanctions for non-compliance provided however, that in the event of litigation
with a subcontractor or vendor as a result of such direction by the contracting agency, the
Consultant may request the United States to enter into such litigation to protect the interest
of the United States .
8 , The Consultant shall not discriminate in solicitations or advertisements for employees
placed by and on behalf of the Consultant or against any employee or applicant for
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employment because of race, color, age, sex , religion, national origin, place of birth,
ancestry, handicap , or familial status .
ARTICLE 16
HUD/DCA AUDITS
If HUD or DCA finds that any sums received by the Consultant are unreasonable, then those sums
shall be refunded by the Consultant to the County as required by 24 CFR, Section 570 .200 . Consultant
agrees to reimburse to the County any funds expended for transactions approved by the Consultant, which
are disallowed by the Florida Department of Community Affairs (DCA) due to the malfeasance,
misfeasance, or nonfeasance . All records will be made available to the County auditors at their request as
pre- audit and post- audit requirements .
ARTICLE 17
CONSULTANT ' S NOTICE
REGARDING LEGAL FEES , ADVERTISING AND AUDITS
It is understood between the County and the Consultant that the Consultant will not be responsible
for Project legal fees , advertising or audit costs associated with the Project .
ARTICLE 18
SOURCE OF FUNDING
The sole source of payment for this Agreement is the funding received through the Community
Development Block Grant program . The obligations of both parties to this Agreement are contingent
upon the funding of the Project Agreement by annual appropriation of the Legislature .
ARTICLE 19
INSURANCE
The consultant providing services under this contract will be required to procure and maintain at
its own expense and without cost to the County, until final acceptance by the County of all products or
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services covered by the purchase order or contract, the following types of insurance . The policy limits
required are to be considered minimum amounts .
1 . General Liability Insurance policy with a $ 1 , 000 ,000 combined single limit for each
occurrence to include the following coverage : operations , products and Completed
Operations , Personal Injury, Contractual Liability, and Independent Contractors for bodily
injury and property damage .
2 . Business Auto Liability Insurance which includes coverage for all owned, non-owned and
rented vehicles with a $ 1 , 000 , 000 combined single limit for each occurrence .
3 . Workers ' Compensation and Employers Liability Insurance covering all employees of the
consultant and subcontractors , as required by law .
4 . Professional Liability Insurance Policy in the amount of $ 1 , 000 ,000 per claim for
professional or consulting services .
The consultant shall provide certificates of insurance to the County demonstrating that the
aforementioned insurance requirements have been met prior to the commencement of work under this
contract. The General Liability and Auto Liability certificates of insurance shall indicate that the policies
have been endorsed to cover the County as an additional insured and that these policies may not be
canceled or modified without thirty (30) days prior written notice to the County.
All insurance policies shall be issued by companies authorized to do business under the laws of
the State of Florida. All such insurers must have an A.M . Best rating of no less than A+VII .
The insurance coverage enumerated above constitutes the minimum requirements and shall in no
way lessen or limit the liability of the consultant under the terms of the contract . Sub- Contractors '
insurance shall be the responsibility of the consultant .
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ARTICLE 20
CONSULTANT ' S NOTICE
REGARDING ENGINEER OR ARCHITECT
It is understood between the County and the Consultant(s) that the Consultant(s) will not be
responsible for any Federal , State, or Local requirements that must be completed and supervised by the
engineer and/or architect .
ARTICLE 21
EXECUTION OF THE CONTRACT
IN WITNESS WHEREOF , the parties have hereunto set their hands and seal this 20th day of
April 92004 ,
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
ATTEST : BY :
Je Barton, C1erk of the rcuit Court Caroline D . Ginn, Chai an
ATTEST : BY :
And Easton rants Cos t
Andy Easton & Associates
Approved as to Form and Legal Sufficiency
By: Z( - 64
William G. Collins , County Attorney
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Exhibit "A"
STATEMENT ON PUBLIC ENTITY CRIMES
1 . This statement is submitted with the CDBG Grant Writing -Administration Agreement for Andy
Easton & Associates and Indian River County Board of County Commissioners .
2 . This Statement is submitted by Andy Easton & Associates . , whose business address is 1914 Fannie Drive,
Tallahassee, Florida 32303 and (if applicable) its Federal Employer Identification Number (FEIN) is 06- 1698088 .
3 . My name is Andy Easton and my relationship to the entity named above is Sole Proprietor,
4 . 1 understand that a " Public Entity Crime , " as defined in Paragraph 287 . 133 ( 1 ) (g ) , Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related
to the
transactions of business with any public entity or with an agency or political subdivision of any other state
of within the United States , including , but not limited to , any bid or contract for goods or services to
be
provided to any public entity or an agency or political subdivision of any other state or of the
United
States and involving antitrust , fraud , theft, bribery, collusion , racketeering , conspiracy , or material
misrepresentation .
5 . 1 understand that " convicted " or "conviction , " as defined in Paragraph 287 . 133 ( 1 ) ( b ) ,
Florida
Statutes , means a finding of guilt or a conviction of a public entity crime , with or without adjudication of
guilt , in any federal or state trial court of record relating to charges brought by indictment or information
after July 1 , 1989 , as a result of a jury verdict , non -jury trial , or entry of a
plea of guilty or nolo
contendere .
6 . 1 understand that an "affiliate , " as defined in Paragraph 287 . 133 ( 1 ) (a ) , Florida Statutes,means :
a . A predecessor or successor of a person convicted of a public entity crime ; or
b . An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime . The term "affiliate" includes those
officers , directors , executives , partners , shareholders , employees , members , and agents who are
active in the management of an affiliate . The ownership by one person of shares constituting a
controlling interest in another person , or a pooling of equipment or income among person when
not for fair market value under an arm's length agreement , shall be a prima facie case that one
person controls another person . A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate .
7 . 1 understand that a " person " as defined in Paragraph 287 . 133 ( 1 ) (e) , Florida Statutes , means any
natural person or entity organized under the laws of any state or of the United States with the legal power
to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity . The term " person " includes those officers , directors , executives , partners , shareholders ,
employees , members , and agents who are active in management of an entity .
8 . Based on information and belief, the statement , which I have marked below, is true in relation to
the entity submitting this statement . ( Please indicate which statement applies . )
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X Neither the entity submitting this sworn statement, nor any officers , directors ,
executives , partners , shareholders , employees , members , or agents who are active in
management of the entity , nor any affiliate of the entity have been charged with and convicted of
a public entity crime subsequent to July 1 , 1989 .
The entity submitting this sworn statement, or one or more of the officers ,
directors , executives , partners , shareholders , employees , members , or agents who are active in
management of the entity , or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1 , 1989 , AND ( Please indicate which additional statement
applies . )
There has been a proceeding concerning the conviction before a hearing officer of
the State of Florida , Division of Administrative Hearings . The final order entered by the hearing
officer did not place the person or affiliate on the convicted vendor list . ( Please attach a copy of
the final order. )
The person or affiliate was placed on the convicted vendor list . There has been a
subsequent proceeding before a hearing officer of the State of Florida , Division of Administrative
Hearings . The final order entered by the hearing officer determined that it was in the public
interest to remove the person or affiliate from the convicted vendor list . ( Please attach a copy of
the final order. )
The person or affiliate has not between placed on the convicted vendor list .
( Please describe any action taken by or pending with the Department of General Services . )
ANDY EASTON & ASSOCIATES
Consultant ' s Company Name Authorized Signature — Manual
1914 Fannie Drive FL 32303 Andy Easton
Physical Address Authorized Signature — Typed
Same Grant Administrator
Mailing Address Title
( 850) 445 -7829 (850) 386-2605
Phone Number FAX Number
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EXHIBIT `B"
CDBGED Task Order #1
Andy Easton & Associates/Indian River County
Consultant Services Contract
CDBGED (Economic Development) Grant Services
Task Description : CDBG-ED (Economic Fiscal Year : 2004/2005
Development) grant writing and administration
Project Name : Indian River County CDBG-ED Grant Writing-Administration Project
Contractor Name : Andy Easton & Associates Owner' s Name : Indian River County Board of County
Commissioners
Employer ID : 06- 1698088
Federal ID : 59 6000674
Contractor ' s Contact Person : Andy Easton County ' s Contact Person : Robert M . Keating
Phone Number : 850- 878 - 8963 Phone Number : 772 -567-8000 , ext . 1254
Amount of Grant : not to exceed $ 750 ,000 Grant Writing Fee : $0.00
Grant Administration Fee : $50,000
(if grant is less then $ 750 ,000 , fee will not exceed 8% of
the grant amount
Approval Signature for Andy Easton & Associates : Approval Signature for County of Indian River County :
Date : Date :
Task Summary : Andy Easton will write and administer a CDBG-ED grant for Indian River County.
Grant funds will be used to provide infrastructure improvements that may include flood and drainage
improvements , street improvements and other related infrastructure to allow new or expanded business(s)
to begin operations to include the creation of new jobs for low and moderate income persons . Exhibits C
and D describe in more detail the services to be provided .
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EXHIBIT " C "
FEE ( PRICE ) FOR CDBG -ED GRANT WRITING
The 2004 CDBG-ED grant application will be prepared at no cost to the County. The following provides a
summary of grant writing tasks .
Task Cost Comments
Prepare for and hold $0 . 00 Includes meeting with County staff and engineer
Kick Off meeting
Prepare Kick off $0 . 00 Includes summary of issues of concern to the County and a summary of
Meeting Report regulatory/policy and grant strategy issues .
Acquire Needed Data The CDBG economic development project to be undertaken by the
and develop project County includes public facilities to serve a distribution center. The
scope County is eligible to apply for up to $ 750 , 000 in CDBG funds for the
needed improvements . The grant development process includes
assisting the participating party with the development of private sector
information needed for the grant application. It also involves working
closely with the project engineer to determine the types, amounts and
locations of public improvements that can be funded by the grant; and
with the County to ensure that all documents and procedures are
followed.
Conduct Second Public $0 . 00 An advertised meeting will be held with the public and the Citizen
Hearing and CATF Advisory Task Force to obtain views on the proposed CDBG grant
Meeting application.
Prepare Draft CDBG $0 . 00 Draft CDBG grant application will be prepared that will include a
application project budget, narrative , all maps , all forms and all documents
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Prepare Final CDBG $0 . 00 Andy Easton & Associates will prepare a final CDBG grant application,
Applications and provide a final completeness review and submit the application to the
Conduct completeness Department of Community Affairs . In addition, Andy Easton &
review and submit Associates will submit copies of the grant application to the required
intergovernmental review agencies, including State Clearing House , Department of State
documentation and Regional Planning Council .
Attend Site Visit $0 . 00 After the grant is submitted, Andy Easton & Associates will attend the
initial DCA site visit to the County. The purpose of the initial DCA site
visit to discuss the grant application with the County and to clarify and
obtain all documentation for points claimed in the application .
Total $0 . 00 The grant application will be developed at no cost to the County
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EXHIBIT "D "
Grant Administration — The total fee (price) for grant administration services is $ 50, 000 . If the grant is
less than $ 750 , 000, the fee will not exceed 8 % of the grant amount. If the grant is not awarded
to the
County, there is no administration fee .
1 Initial Grant Administration Activities Fee
Develop program documents , conduct kick off meeting, organize
schedule and provide other related program start up activities .
Documents to be developed/reviewed include :
• CDBG-ED grant agreement
• Develop participating party agreement for the business
• Civil rights profile
• Signature authorization form for requesting grant funds
• Project milestones document (schedule) .
• Local match funding arrangements
• Procurement documentation
Environmental Review Record — The ERR will be developed and
newspaper advertisements placed as required by program rules . The
County will be responsible for all advertising costs that may be charged
by local newspapers for the ERR.
$ 5 , 000
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2 Develop DCA Monitoring Reports, Organize and Attend Monitoring Fee
Site Visits
DCA staff usually conducts a monitoring visit prior to the start of
construction. Other visits may be scheduled when the project is 50% to
100% completed . Andy Easton & Associates will prepare for and attend
all monitoring visits as may be required by DCA. In addition, we will
prepare the required response from the County on any issues , findings
or concerns that DCA may have as a result of the visit .
$ 7 , 000
3 Proiect Administration — Programmatic Fee
Andy Easton & Associates will ensure that project activities ,
components , documents and procedures conform to CDBG regulations .
Activities in this regard shall include, but not be limited to coordinating
with the engineer on grant requirements for the bid documents , ensuring
that the County follows its adopted and CDBG required procurement
policies for construction services . Coordinating with the County to
ensure that project milestones, budgets and accomplishments (and grant
amendments) are taking place as planned . Ordering the wage decision,
conducting the pre construction conference . Ensuring that the
contractor makes adequate efforts to hire minority subcontractors .
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Oversight of citizen complaints will be provided. Other activities
include providing periodic progress reports and providing other
programmatic and technical assistance as needed. Programmatic
activities will also include monitoring the construction process,
conducting labor interviews with construction workers as required by
the Davis Bacon, Fair Wages Act to ensure that workers are being paid
in accordance with the Wage Decision. In addition, pay requests will
be coordinated with the Engineer to ensure all activities are grant-
eligible . Additional grant activities include ensuring that annual fair
housing activities take place, developing MBE forms and submitting
periodic financial projections to DCA .
$ 26 , 000
4 Proiect Administration — Financial Fee
Andy Easton & Associates will review the County' s existing financial
system and make suggestions for modifications , if needed . In addition,
Andy Easton & Associates will maintain its own financial record
keeping system that tracks the same CDBG financial transactions of the
County. This will help ensure accuracy and overall improved program
performance . Other financial activities that will be undertaken include
preparing grant budget amendments and providing oversight, approval
and tracking for all payments made to contractors to ensure
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conformance with grant rules . In addition, all change orders will be
reviewed and approved to ensure they are consistent with the grant
agreement or subsequent grant amendments .
$ 7 , 000
5 Program Closeout Activities Fee
Review the grant budget with the final construction cost. If significant
differences exist, a grant amendment will be needed. Other closeout
activities include reviewing all project completion certifications and
ensuring that all contractors and subcontractors have been paid.
Complete the CDBG closeout status report . Provide follow up
documents or additional information is needed as part of the closeout
process . Also , document that the business created the new jobs as
claimed in the grant application.
$ 5 , 000
TOTAL FEE $ 505000
Notes: Fee is contingent on award of grant funds. If the grant is not awarded, the County is
not obligated to pay the grant administration fee.
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