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HomeMy WebLinkAbout2009-060 GENERAL ADMINISTRATION CONTRACT This General Administration Contract entered into as of this 3RD day of March , 20091 by and between Fred Fox Enterprises , Incorporated , hereinafter referred to as the Administrator and the Indian River County Board of County Commissioners , hereinafter referred to as the Local Government , WITNESSETH THIS RECITAL . WHEREAS , the Local Government anticipates being awarded a $ 4 , 680 , 825 . 00 Community Development Block Grant ( CDBG ) , hereinafter referred to as the " Project " , under the Neighborhood Stabilization Program (NSP ) from the Florida Department of Community Affairs (DCA ) , and the local Government desires to implement that Project ; and WHEREAS , the Local Government has determined that it needs the assistance of a consultant to administer the Project ; and WHEREAS , the Local Government selected the Administrator through a procurement process that complied with applicable CDBG NSP requirements ; and WHEREAS , the Administrator is now available , willing , and qualified to perform professional services in connection with the Project , to serve the Local Government to which this contract applies , and to give consultation , advice , and i - 3 � la A GENERAL ADMINISTRATION CONTRACT-' This General Administration Contract entered into as of this 3RD day of Nbrch _ 2009 , by and between Fred Fox Enterprises , Incorporated , hereinafter it referred to as the Administrator and the Indian Riven County Board of' County i Commissioners , hereinafter referred to as the Local Government . WITNESSETH THIS RECITAL : WHEREAS , the Local Government anticipates being awarded a $ 4 , 680 , 825 . 00 Community Development Block Grant ( CDBG ) , hereinafter referred to as the " Project " , under the Neighborhood Stabilization Program ( NSP ) from the Florida Department of Community Affairs ( DCA ) , and the local Government desires to implement that Project ; and I WHEREAS , the Local Government has determined that it needs the assistance i of a consultant to administer the Project ; and WHEREAS , the Local Government selected the Administrator through a procurement process that complied with applicable CDBG NSP requirements ; and WHEREAS , the Administrator is now available , willing , and qualified to i perform professional services in connection with the Project , to serve the Local Ir Government to which this contract applies , and to give consultation , advice , and II � I I II SmeadSoft Reprint Date: Monday, April 23, 2012 - 14: 00: 02 - C)fficialDocuments : 8343, Attachment Id 1, Page 1 F� --7 direction for such Project ; NOW THEREFORE , the parties hereto agree as follows : ARTICLE I A . GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRATOR The Administrator shall provide the services as detailed in Exhibit " A " . ARTICLE 2 A . GENERAL ADMINISTRATION LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government' s responsibility in regard to this contract is detailed in Exhibit " A " . ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Project shall begin upon the signing of this contract and shall be completed upon final completion of the County ' s Florida Community Development Block Grant Neighborhood Stabilization 2 F� --7 direction for such Project ; NOW THEREFORE , the parties hereto agree as follows : ARTICLE I A . GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRATOR The Administrator shall provide the services as detailed in Exhibit " A " . ARTICLE 2 A . GENERAL ADMINISTRATION LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government' s responsibility in regard to this contract is detailed in Exhibit " A " . ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Project shall begin upon the signing of this contract and shall be completed upon final completion of the County ' s Florida Community Development Block Grant Neighborhood Stabilization 2 7Programects and the issuance of a " Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs , ARTICLE 4 COMPENSATION The Local Government agrees to pay , from the funding set forth in Article Sixteen ( 16 ) herein , the Administrator in the following manner : Compensation for the Administrator shall be the total sum of Two Hundred Thousand and 00 / 100 Dollars ( $ 200 , 000 . 00 ) , distributed as Twenty - Four ( 24 ) equal monthly payments of Six Thousand two hundred fifty and 00/ 100 Dollars ( $ 6 , 250 . 00 ) . If an extension of the grant is requested and approved by The Florida Department of Community Affairs , the monthly payment will be reduced accordingly to correspond with the remaining portion of the contract . The balance of Fifty Thousand and 00/ 100 Dollars ( $ 50 , 000 . 00 ) will be paid upon the issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs . Payments will commence thirty ( 30 ) days after the effective date of the contract between the Florida Department of Community Affairs ( DCA ) and the Local Government . At the end of the twelfth month of this contract , the Local Government and 3 7Programects and the issuance of a " Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs , ARTICLE 4 COMPENSATION The Local Government agrees to pay , from the funding set forth in Article Sixteen ( 16 ) herein , the Administrator in the following manner : Compensation for the Administrator shall be the total sum of Two Hundred Thousand and 00 / 100 Dollars ( $ 200 , 000 . 00 ) , distributed as Twenty - Four ( 24 ) equal monthly payments of Six Thousand two hundred fifty and 00/ 100 Dollars ( $ 6 , 250 . 00 ) . If an extension of the grant is requested and approved by The Florida Department of Community Affairs , the monthly payment will be reduced accordingly to correspond with the remaining portion of the contract . The balance of Fifty Thousand and 00/ 100 Dollars ( $ 50 , 000 . 00 ) will be paid upon the issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs . Payments will commence thirty ( 30 ) days after the effective date of the contract between the Florida Department of Community Affairs ( DCA ) and the Local Government . At the end of the twelfth month of this contract , the Local Government and 3 the Administrator shall review the progress of the project to determine if the project is proceeding on schedule . If the project is determined not to be progressing on schedule , a revised payment schedule shall be developed that is acceptable to both parties . If the grant contract obligations are met and the grant closes out prior to the twenty - four month ending date , the Administrator can be paid the sum remaining in the contract upon issuance of a " Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs . All requests for payment shall be submitted by the Administrator in detail sufficient for a proper pre- audit and post- audit review . No payments shall be made to the Administrator if the CDBG NSP grant is not awarded to the Local Government . ARTICLE 5 CITIZEN PARTICIPATION It is understood between the parties that both the local Government and the Administrator shall encourage continuous participation in the Project by the citizens of the area . It is further understood that both the Local Government and the Administrator shall be responsible for adequate advertising of the Project . It 4 the Administrator shall review the progress of the project to determine if the project is proceeding on schedule . If the project is determined not to be progressing on schedule , a revised payment schedule shall be developed that is acceptable to both parties . If the grant contract obligations are met and the grant closes out prior to the twenty - four month ending date , the Administrator can be paid the sum remaining in the contract upon issuance of a " Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs . All requests for payment shall be submitted by the Administrator in detail sufficient for a proper pre- audit and post- audit review . No payments shall be made to the Administrator if the CDBG NSP grant is not awarded to the Local Government . ARTICLE 5 CITIZEN PARTICIPATION It is understood between the parties that both the local Government and the Administrator shall encourage continuous participation in the Project by the citizens of the area . It is further understood that both the Local Government and the Administrator shall be responsible for adequate advertising of the Project . It 4 is understood that funds for such advertising shall be paid from grant funds . i ARTICLE 6 LOCAL GOVERNMENT CONTACT PERSON The contact person who will represent the Local Government in all matters pertaining to the Project shall be Robert Keating , or his designee . ARTICLE 7 EXCLUSIVE REPRESENTATION It is understood between the parties that a representative of the Local Government and a representative of Fred Fox Enterprises , Incorporated , will represent this Project before any and all DCA or HUD meetings . ARTICLE 8 CONFLICT OF INTEREST The Local Government, having been so advised by the Administrator, does hereby recognize that the Administrator has provided similar area services in the past to local governments and to area governmental bodies and may be so engaged in similar projects at this time or in the future , and the parties agree that 5 is understood that funds for such advertising shall be paid from grant funds . i ARTICLE 6 LOCAL GOVERNMENT CONTACT PERSON The contact person who will represent the Local Government in all matters pertaining to the Project shall be Robert Keating , or his designee . ARTICLE 7 EXCLUSIVE REPRESENTATION It is understood between the parties that a representative of the Local Government and a representative of Fred Fox Enterprises , Incorporated , will represent this Project before any and all DCA or HUD meetings . ARTICLE 8 CONFLICT OF INTEREST The Local Government, having been so advised by the Administrator, does hereby recognize that the Administrator has provided similar area services in the past to local governments and to area governmental bodies and may be so engaged in similar projects at this time or in the future , and the parties agree that 5 administration of these projects by the Administrator does not constitute a conflict of interest with the Project . ARTICLE 9 SOCIAL SECURITY The Local Government is not liable for Social Security contributions pursuant to Section 481 , 42 U . S . Code , relative to the compensation of the Administrator or any other participants during the period of this contract . ARTICLE 10 CONTRACT AMENDMENT The terms and conditions of this contract may be changed at any time by mutual agreement of the parties hereto . All such changes shall be incorporated as written amendments to this contract . ARTICLE 11 TERMINATION Termination ( cause and/or Convenience ) ( a ) This contract may be terminated in whole or in part in writing by either 6 administration of these projects by the Administrator does not constitute a conflict of interest with the Project . ARTICLE 9 SOCIAL SECURITY The Local Government is not liable for Social Security contributions pursuant to Section 481 , 42 U . S . Code , relative to the compensation of the Administrator or any other participants during the period of this contract . ARTICLE 10 CONTRACT AMENDMENT The terms and conditions of this contract may be changed at any time by mutual agreement of the parties hereto . All such changes shall be incorporated as written amendments to this contract . ARTICLE 11 TERMINATION Termination ( cause and/or Convenience ) ( a ) This contract may be terminated in whole or in part in writing by either 6 party in the event of substantial failure by the other to fulfill its obligations under this contract , provided that no termination may be effected unless the other party is given ( 1 ) not less than ten ( 10 ) calendar days written notice ( delivered by hand or by certified mail , return receipt requested) of intent to terminate and ( 2 ) an opportunity for consultation with the terminating party during said 10 day period prior to termination . ( b ) This contract may be terminated in whole or in part in writing by the Local Government for its convenience , provided that the other party is afforded the same notice and consultation opportunity specified in I I ( a) above . ( c ) If termination for default is effected by the Local Government, an equitable adjustment in the price for this contract shall be made , but ( 1 ) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2 ) any payment due to the Administrator at the time of termination may be adjusted to cover any additional costs to the Local Government because of the Administrator' s default . If termination for convenience is effected by the Local Government , the equitable adjustment shall provide for payment to the Administrator 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 7 party in the event of substantial failure by the other to fulfill its obligations under this contract , provided that no termination may be effected unless the other party is given ( 1 ) not less than ten ( 10 ) calendar days written notice ( delivered by hand or by certified mail , return receipt requested) of intent to terminate and ( 2 ) an opportunity for consultation with the terminating party during said 10 day period prior to termination . ( b ) This contract may be terminated in whole or in part in writing by the Local Government for its convenience , provided that the other party is afforded the same notice and consultation opportunity specified in I I ( a) above . ( c ) If termination for default is effected by the Local Government, an equitable adjustment in the price for this contract shall be made , but ( 1 ) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2 ) any payment due to the Administrator at the time of termination may be adjusted to cover any additional costs to the Local Government because of the Administrator' s default . If termination for convenience is effected by the Local Government , the equitable adjustment shall provide for payment to the Administrator 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 7 Administrator 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 . ( d ) Upon receipt of a termination action under paragraphs ( a) or ( b ) above, the Administrator shall ( 1 ) promptly discontinue all affected work ( unless the notice directs otherwise ) and (2) deliver or otherwise make available to the Local Government all data, drawings , reports , specifications , summaries and other such information , as may have been accumulated by the Administrator in performing this contract , whether completed or in process . (e) Upon termination , the Local Government may take over the work and award another party a contract to complete the work described in this contract . (f) If, after termination for failure of the Administrator to fulfill contractual obligations , it is determined that the Administrator had not failed to fulfill contractual obligations , the termination shall be deemed to have been for the convenience of the Local Government . In such event , adjustment of the contract price shall be made as provided in paragraph ( c ) above . s Administrator 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 . ( d ) Upon receipt of a termination action under paragraphs ( a) or ( b ) above, the Administrator shall ( 1 ) promptly discontinue all affected work ( unless the notice directs otherwise ) and (2) deliver or otherwise make available to the Local Government all data, drawings , reports , specifications , summaries and other such information , as may have been accumulated by the Administrator in performing this contract , whether completed or in process . (e) Upon termination , the Local Government may take over the work and award another party a contract to complete the work described in this contract . (f) If, after termination for failure of the Administrator to fulfill contractual obligations , it is determined that the Administrator had not failed to fulfill contractual obligations , the termination shall be deemed to have been for the convenience of the Local Government . In such event , adjustment of the contract price shall be made as provided in paragraph ( c ) above . s ARTICLE 12 EQUAL OPPORTUNITY The Administrator 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 contract because of race , color, age , sex , religion , national origin , place of birth , ancestry , handicap , or familial status . During the performance of the functions described herein , the Administrator 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 Administrator will comply with the provisions of Title VI of the Civil Rights Act of 1964 , P . L . 8 & 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 Administrator will comply with the provisions of Presidential Executive Order Number 11246 of September 24 , 1965 , as amended , Title 3 , Code of Federal Regulations , Chapter 4 , which is made a part hereof as if fully incorporated herein , the provisions of Section 204 of which executive order must be set forth verbatim , to wit : During the performance of this contract, the 9 ARTICLE 12 EQUAL OPPORTUNITY The Administrator 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 contract because of race , color, age , sex , religion , national origin , place of birth , ancestry , handicap , or familial status . During the performance of the functions described herein , the Administrator 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 Administrator will comply with the provisions of Title VI of the Civil Rights Act of 1964 , P . L . 8 & 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 Administrator will comply with the provisions of Presidential Executive Order Number 11246 of September 24 , 1965 , as amended , Title 3 , Code of Federal Regulations , Chapter 4 , which is made a part hereof as if fully incorporated herein , the provisions of Section 204 of which executive order must be set forth verbatim , to wit : During the performance of this contract, the 9 Administrator agree as follows : The Administrator will not discriminate against any employee or 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 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 Administrator agrees to post in conspicuous place , available to employees and applicants for employment, notice to be provided by the contracting officer setting for the provisions of the non- discrimination clause . 3 . The Administrator will , in all solicitations or advertisements for employees placed by or on behalf of the county , 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 . 4 . The Administrator 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 contractor' 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 10 Administrator agree as follows : The Administrator will not discriminate against any employee or 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 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 Administrator agrees to post in conspicuous place , available to employees and applicants for employment, notice to be provided by the contracting officer setting for the provisions of the non- discrimination clause . 3 . The Administrator will , in all solicitations or advertisements for employees placed by or on behalf of the county , 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 . 4 . The Administrator 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 contractor' 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 10 applicants for employment . 5 . The Administrator will comply with all provisions of Executive Order Number 11246 of September 24 , 1965 , and of the rules , regulations , and relevant orders of the Secretary of Labor . 6 . The Administrator will furnish all information and reports required by Executive Order Number 11246 of September 24 , 1965 , and by the rules , regulations , and orders of the Secretary of Labor , or pursuant thereto , and will permit access to his books , records , and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules , regulations , and orders . 7 . In the event of the Administrator non- compliance with the non- discrimination clauses of this contract or with such rules , regulations , or orders , this contract may be cancelled , terminated , or suspended in whole or in part and the contractor 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 , of September 241 1965 , or by rule , regulation , or order of the Secretary of Labor , or as otherwise provided by law . applicants for employment . 5 . The Administrator will comply with all provisions of Executive Order Number 11246 of September 24 , 1965 , and of the rules , regulations , and relevant orders of the Secretary of Labor . 6 . The Administrator will furnish all information and reports required by Executive Order Number 11246 of September 24 , 1965 , and by the rules , regulations , and orders of the Secretary of Labor , or pursuant thereto , and will permit access to his books , records , and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules , regulations , and orders . 7 . In the event of the Administrator non- compliance with the non- discrimination clauses of this contract or with such rules , regulations , or orders , this contract may be cancelled , terminated , or suspended in whole or in part and the contractor 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 , of September 241 1965 , or by rule , regulation , or order of the Secretary of Labor , or as otherwise provided by law . 8 . The Administrator will include the provisions of paragraphs one ( 1 ) through seven ( 7 ) in every subcontract or purchase order unless exempted by rules , regulations , or orders of the secretary of Labor issued to Section 204 of Executive Order Number 11246 of September 24 , 1965 , so that such provisions will be binding upon subcontractors or vendors . The Administrator 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 the Administrator become involved in , or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency , the Administrator may request the United States to enter into such litigation to protect the interest of the United States . 9 . The Administrator shall not discriminate in solicitations or advertisements for employees placed by and on behalf of the contractor or against any employee or applicant for employment because of race , color, age , sex , religion , national origin , place of birth , ancestry , handicap , or familial status . 12 8 . The Administrator will include the provisions of paragraphs one ( 1 ) through seven ( 7 ) in every subcontract or purchase order unless exempted by rules , regulations , or orders of the secretary of Labor issued to Section 204 of Executive Order Number 11246 of September 24 , 1965 , so that such provisions will be binding upon subcontractors or vendors . The Administrator 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 the Administrator become involved in , or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency , the Administrator may request the United States to enter into such litigation to protect the interest of the United States . 9 . The Administrator shall not discriminate in solicitations or advertisements for employees placed by and on behalf of the contractor or against any employee or applicant for employment because of race , color, age , sex , religion , national origin , place of birth , ancestry , handicap , or familial status . 12 ARTICLE 13 HUD/DCA AUDITS If HUD or DCA finds that any sums received by the Administrator are unreasonable , then those sums shall be refunded by the Administrator to the Local Government as required by 24 C . F . R . , Section 570 . 200 . The Administrator agrees to reimburse to the Local Government any funds expended for transactions approved by the Administrator which are disallowed by the Florida Community Development Agency (F . C . D . A . ) , due to the malfeasance , misfeasance , or nonfeasance of the Administrator . All records will be made available to the Local Government ' s auditors at their request as pre - audit and post- audit requirements . ARTICLE 14 ADMINISTRATOR' S NOTICE REGARDING ENGINEER OR ARCHITECT It is understood between the Local Government and the Administrator that the Administrator will not be responsible for any Federal , State , or Local requirements that must be completed and supervised by an engineer and/or architect . 13 ARTICLE 13 HUD/DCA AUDITS If HUD or DCA finds that any sums received by the Administrator are unreasonable , then those sums shall be refunded by the Administrator to the Local Government as required by 24 C . F . R . , Section 570 . 200 . The Administrator agrees to reimburse to the Local Government any funds expended for transactions approved by the Administrator which are disallowed by the Florida Community Development Agency (F . C . D . A . ) , due to the malfeasance , misfeasance , or nonfeasance of the Administrator . All records will be made available to the Local Government ' s auditors at their request as pre - audit and post- audit requirements . ARTICLE 14 ADMINISTRATOR' S NOTICE REGARDING ENGINEER OR ARCHITECT It is understood between the Local Government and the Administrator that the Administrator will not be responsible for any Federal , State , or Local requirements that must be completed and supervised by an engineer and/or architect . 13 F� I ARTICLE 15 ADMINISTRATORS NOTICE REGARDING LEGAL FEES AND AUDITS It is understood between the Local Government and the Administrator that the Administrator will not be responsible for legal or audit costs associated with this project . ARTICLE 16 SOURCE OF FUNDING The sole source of payment for this contract is the funding received through the C . D . B . G . program and/or portion of any other funding grants leveraged from it . ARTICLE 17 REMEDIES Unless otherwise provided in this contract , all claims , counter claims , disputes and other matters in question between the Local Government and the Administrator , arising out of or relating to this contract, or the breach of it , will be decided by the appropriate court in Indian River County , Florida . 14 F� I ARTICLE 15 ADMINISTRATORS NOTICE REGARDING LEGAL FEES AND AUDITS It is understood between the Local Government and the Administrator that the Administrator will not be responsible for legal or audit costs associated with this project . ARTICLE 16 SOURCE OF FUNDING The sole source of payment for this contract is the funding received through the C . D . B . G . program and/or portion of any other funding grants leveraged from it . ARTICLE 17 REMEDIES Unless otherwise provided in this contract , all claims , counter claims , disputes and other matters in question between the Local Government and the Administrator , arising out of or relating to this contract, or the breach of it , will be decided by the appropriate court in Indian River County , Florida . 14 ARTICLE 18 ACCESS TO RECORDS The Local Government, 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 shall have access to any books , documents , papers , and records of the Administrator which are directly pertinent to this contract for the purpose of making audit , examination , excerpts , and transcriptions . ARTICLE 19 RETENTION OF RECORDS The Administrator shall retain all records relating to this contract for six ( 6 ) years following the final closeout of the project by DCA . ARTICLE 20 ENVIRONMENTAL COMPLIANCE Whereas this contract exceeds $ 100 , 000 , the Administrator shall comply with all applicable standards , orders , or requirements issued under section 306 of 15 ARTICLE 18 ACCESS TO RECORDS The Local Government, 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 shall have access to any books , documents , papers , and records of the Administrator which are directly pertinent to this contract for the purpose of making audit , examination , excerpts , and transcriptions . ARTICLE 19 RETENTION OF RECORDS The Administrator shall retain all records relating to this contract for six ( 6 ) years following the final closeout of the project by DCA . ARTICLE 20 ENVIRONMENTAL COMPLIANCE Whereas this contract exceeds $ 100 , 000 , the Administrator shall comply with all applicable standards , orders , or requirements issued under section 306 of 15 the Clean Air Act (42 U . S . C . 1857 ( h) , section 508 of the Clean Water Act ( 33 U . S . C . 1368 ) , Executive Order 11738 , and U . S . Environmental Protection Agency regulations ( 40 C . F . R . Part 15 ) . The Administrator shall include this clause in any subcontracts over $ 100 , 000 . IN WITNESS WHEREOF , the parties have hereunto set their hands and seals : iA CAL GOVT -RNIN ENT : j ex eslcy S . Davis , Indian River County Board of County Commissioners Chairman I JX 13ARTON ATTESTED BY : � � tCl- ER3t CIRCUIT COURT ADMINISTRATOR . Fred D . Fox , President , FFE ATTESTD BY : VaVild"A . Fox , Senior Project Mager 16 the Clean Air Act (42 U . S . C . 1857 ( h) , section 508 of the Clean Water Act ( 33 U . S . C . 1368 ) , Executive Order 11738 , and U . S . Environmental Protection Agency regulations ( 40 C . F . R . Part 15 ) . The Administrator shall include this clause in any subcontracts over $ 100 , 000 . IN WITNESS WHEREOF , the parties have hereunto set their hands and seals : iA CAL GOVT -RNIN ENT : j ex eslcy S . Davis , Indian River County Board of County Commissioners Chairman I JX 13ARTON ATTESTED BY : � � tCl- ER3t CIRCUIT COURT ADMINISTRATOR . Fred D . Fox , President , FFE ATTESTD BY : VaVild"A . Fox , Senior Project Mager 16 SWORN STATEMENT UNDER SECTION 287 . 133 ( 3 ) (a) FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted with the Enterprises General Administration Agreement for Fred Fox , Inc . , and the Indian River County . 2 . This sworn statement is submitted by Fred Fox Enterprises , Inc . whose business address is 26 Spanish Street , St . Augustine , Florida 32084 , and (if applicable) its Federal Employer Identification Number (FEIN ) is 59 -2443697 . 3 . My name is Fred D . Fox , and my relationship to the entity named above is President of the Corporation . 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 with the United States , including , but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other stat or of the United States and involving antitrust , fraud , theft, bribery , collusion, racketeering, conspiracy , or material misrepresentation . 5 . I 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 : 1 . A predecessor or successor of a person convicted of a public entity crime ; or 2 . 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 . 17 SWORN STATEMENT UNDER SECTION 287 . 133 ( 3 ) (a) FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE AUTHORIZED TO ADMINISTER OATHS . 1 . This sworn statement is submitted with the Enterprises General Administration Agreement for Fred Fox , Inc . , and the Indian River County . 2 . This sworn statement is submitted by Fred Fox Enterprises , Inc . whose business address is 26 Spanish Street , St . Augustine , Florida 32084 , and (if applicable) its Federal Employer Identification Number (FEIN ) is 59 -2443697 . 3 . My name is Fred D . Fox , and my relationship to the entity named above is President of the Corporation . 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 with the United States , including , but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other stat or of the United States and involving antitrust , fraud , theft, bribery , collusion, racketeering, conspiracy , or material misrepresentation . 5 . I 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 : 1 . A predecessor or successor of a person convicted of a public entity crime ; or 2 . 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 . 17 7 . I understand that a " person " as defined in Paragraph 287 . 133 ( 1 ) (e) , Florida Statutes , means any natural person or entity organized under the laws of any state 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 sworn statement . (Please indicate which statement applies . ) XX 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 . ) 18 7 . I understand that a " person " as defined in Paragraph 287 . 133 ( 1 ) (e) , Florida Statutes , means any natural person or entity organized under the laws of any state 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 sworn statement . (Please indicate which statement applies . ) XX 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 . ) 18 1oogg) "j 0 3� Med D . Fox ( Signature) Date : Ft h6v%x ,. ; Y S y STATE OF FLORIDA COUNTY OF PUTNAM PERSONALLY APPEARED BEFORE ME , the undersigned authority , Fred D . Fox , who , after first being sworn by me , affixed his signature in the space provided above on thist.� / day of f f" �/, G' c1' �� 2009 . C/ f ` % T r " NOTARY PUBLIC My Commission Expires : Z�v %as M DIANE PICKFIARDT *e Y COMMISSION g DD 827514 z EXPIRES: November 1 , ��'A 8o ,ded rnru Nob" Puny uw°rynere F ACommunity DevelopmentJJsers\CDBG12008 NSP\Contracts\Gram AdministrationANSP General Admin Contract ( 7 ) . doc 19 1oogg) "j 0 3� Med D . Fox ( Signature) Date : Ft h6v%x ,. ; Y S y STATE OF FLORIDA COUNTY OF PUTNAM PERSONALLY APPEARED BEFORE ME , the undersigned authority , Fred D . Fox , who , after first being sworn by me , affixed his signature in the space provided above on thist.� / day of f f" �/, G' c1' �� 2009 . C/ f ` % T r " NOTARY PUBLIC My Commission Expires : Z�v %as M DIANE PICKFIARDT *e Y COMMISSION g DD 827514 z EXPIRES: November 1 , ��'A 8o ,ded rnru Nob" Puny uw°rynere F ACommunity DevelopmentJJsers\CDBG12008 NSP\Contracts\Gram AdministrationANSP General Admin Contract ( 7 ) . doc 19 COST SUMMARY FOR NEGOTIATED CONTRACTS GRANTEE , Indian River County GRANT NUMBER : NAME AND ADDRESS : Fred Fox Enterprises, Inc. OF CONTRACTOR : 26 , punishStreel P. O. Box 1047 St. Augustine, Florida 320854047 DATE OF PROPOSAL : February 16, 2009 TYPE OF SERVICE TO BE FURNISHED , CDBG Grant Administration COST SUMMARY . DIRECT LABOR : Estimated hrs x hrly rate = estimated cost Consultant/Director 450 hrs x $ 100. = $ 45, 000. 00 Project Manager 450 hrs x $ 75. =�$ 33 , 750, 00 Grants Compliance Manager 400 hrs x $ 75. $ 30 000. 00 Grants Compliance Asst/ Review , pecialist 250 hrs x $ 60. _ $ I5 000. 00 Environmental , pecialist 100 hrs x $ 60. _ $ 6, 000. 00 Clerical Support 100 hrs x $40 . _ $ 4, 000. 00 DIRECT LABOR TOTAL : $ 133 , 750. 0 INDIRECT COSTS : Fringes , G & A , etc . , rate x base = cost Frinp,es 35 % x 133 , 750. 00 = $ 46, 812. 50 INDIRECT COST TOTAL : $ 46, 812. 50 OTHER INDIRECT COST : describe N/,4 OTHER INDIRECT COST : $ 0. 00 TOTAL ESTIMATED COST , $ 180 , 562. 50 PROFIT : $ 19, 4370 50 TOTAL PRICE , $ 200, 000. 00 20 COST SUMMARY FOR NEGOTIATED CONTRACTS GRANTEE , Indian River County GRANT NUMBER : NAME AND ADDRESS : Fred Fox Enterprises, Inc. OF CONTRACTOR : 26 , punishStreel P. O. Box 1047 St. Augustine, Florida 320854047 DATE OF PROPOSAL : February 16, 2009 TYPE OF SERVICE TO BE FURNISHED , CDBG Grant Administration COST SUMMARY . DIRECT LABOR : Estimated hrs x hrly rate = estimated cost Consultant/Director 450 hrs x $ 100. = $ 45, 000. 00 Project Manager 450 hrs x $ 75. =�$ 33 , 750, 00 Grants Compliance Manager 400 hrs x $ 75. $ 30 000. 00 Grants Compliance Asst/ Review , pecialist 250 hrs x $ 60. _ $ I5 000. 00 Environmental , pecialist 100 hrs x $ 60. _ $ 6, 000. 00 Clerical Support 100 hrs x $40 . _ $ 4, 000. 00 DIRECT LABOR TOTAL : $ 133 , 750. 0 INDIRECT COSTS : Fringes , G & A , etc . , rate x base = cost Frinp,es 35 % x 133 , 750. 00 = $ 46, 812. 50 INDIRECT COST TOTAL : $ 46, 812. 50 OTHER INDIRECT COST : describe N/,4 OTHER INDIRECT COST : $ 0. 00 TOTAL ESTIMATED COST , $ 180 , 562. 50 PROFIT : $ 19, 4370 50 TOTAL PRICE , $ 200, 000. 00 20 EXHIBIT " A " PART 1 A . GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRATOR The Administrator shall provide the following GENERAL ADMINISTRATIVE services for this 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 contract below . 2 . Provide program information and materials , and technical assistance to the public , including all community organizations . Publish applicable notices , and conduct applicable hearings to encourage citizen participation . 3 . Respond to all citizen questions and complaints concerning the project in a timely manor . 4 . Establish and maintain general and related files as required by the Department of Community Affairs ( DCA) . 5 . Prepare required Environmental Reviews , including the Public Notices and the " Request for Release of Funds " . 6 . Review and determine if professional services contracts and sub -recipient agreements are consistent with OMB Circular A - 102 . 1 EXHIBIT " A " PART 1 A . GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRATOR The Administrator shall provide the following GENERAL ADMINISTRATIVE services for this 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 contract below . 2 . Provide program information and materials , and technical assistance to the public , including all community organizations . Publish applicable notices , and conduct applicable hearings to encourage citizen participation . 3 . Respond to all citizen questions and complaints concerning the project in a timely manor . 4 . Establish and maintain general and related files as required by the Department of Community Affairs ( DCA) . 5 . Prepare required Environmental Reviews , including the Public Notices and the " Request for Release of Funds " . 6 . Review and determine if professional services contracts and sub -recipient agreements are consistent with OMB Circular A - 102 . 1 7 . Provide technical assistance to the Local Government in procuring professional service contracts . 8 . Establish and maintain bookkeeping systems that are acceptable to both the Florida Department of Community Affairs and The Auditor General ' s Office . 9 . Monitor and provide technical assistance to nonprofit housing organizations which partner with the county on the Project , including monitoring and providing technical assistance in the purchase and rehabilitation of foreclosed properties for re- sale to income eligible households ; the purchase and rehabilitation of foreclosed properties for renting to income eligible households ; the purchase of land and property ; the demolition or rehabilitation of abandoned properties ; the provision of principal reduction assistance to low4o moderate - income homebuyers ; and the creation of " land banks " to assemble , temporarily manage , and dispose of vacant land for the purpose of stabilizing neighborhoods , encouraging re - use or redevelopment of property in regard to all HUD and DCA regulations , and preparing all necessary and all requested responses to inquiries from Local , State , and Federal governmental units . 10 . Evaluate the various subsections of the Project according to HUD and DCA regulations and prepare all final reports to HUD and DCA . 11 . Provide all reports relating to the Project as required by the Florida 2 7 . Provide technical assistance to the Local Government in procuring professional service contracts . 8 . Establish and maintain bookkeeping systems that are acceptable to both the Florida Department of Community Affairs and The Auditor General ' s Office . 9 . Monitor and provide technical assistance to nonprofit housing organizations which partner with the county on the Project , including monitoring and providing technical assistance in the purchase and rehabilitation of foreclosed properties for re- sale to income eligible households ; the purchase and rehabilitation of foreclosed properties for renting to income eligible households ; the purchase of land and property ; the demolition or rehabilitation of abandoned properties ; the provision of principal reduction assistance to low4o moderate - income homebuyers ; and the creation of " land banks " to assemble , temporarily manage , and dispose of vacant land for the purpose of stabilizing neighborhoods , encouraging re - use or redevelopment of property in regard to all HUD and DCA regulations , and preparing all necessary and all requested responses to inquiries from Local , State , and Federal governmental units . 10 . Evaluate the various subsections of the Project according to HUD and DCA regulations and prepare all final reports to HUD and DCA . 11 . Provide all reports relating to the Project as required by the Florida 2 Department of Community Affairs , 12 . Prepare adequate advertising regarding all aspects of the Project to ensure active citizen participation , including but not limited to the environmental aspects of the project . 13 . Complete the work anticipated to be outlined in the Community Development Block Grant — Neighborhood Stabilization Program contract between Indian River County and DCA . That contract will be finalized upon the County successfully applying for and obtaining NSP CDBG funds . 14 . Provide monthly progress reports to the Local Government in sufficient detail to indicate accomplishments and tasks completed . 15 . Provide additional progress reports to the Local Government if requested . 16 . Attend all meetings related to implementation of the CDBG NSP , including but not limited to , public hearings , staff meetings , public informational meetings , etc . 17 . Prepare all required or requested program amendments . This will include preparing advertisements , conducting required public hearings and updating Environmental Reviews . 18 . Prepare the County ' s NSP application . 3 Department of Community Affairs , 12 . Prepare adequate advertising regarding all aspects of the Project to ensure active citizen participation , including but not limited to the environmental aspects of the project . 13 . Complete the work anticipated to be outlined in the Community Development Block Grant — Neighborhood Stabilization Program contract between Indian River County and DCA . That contract will be finalized upon the County successfully applying for and obtaining NSP CDBG funds . 14 . Provide monthly progress reports to the Local Government in sufficient detail to indicate accomplishments and tasks completed . 15 . Provide additional progress reports to the Local Government if requested . 16 . Attend all meetings related to implementation of the CDBG NSP , including but not limited to , public hearings , staff meetings , public informational meetings , etc . 17 . Prepare all required or requested program amendments . This will include preparing advertisements , conducting required public hearings and updating Environmental Reviews . 18 . Prepare the County ' s NSP application . 3 19 . Prepare sub - recipient agreements between the County and non - profit housing organizations . 20 . Develop Request for Qualifications (RFQ for : a . Non-profit housing organization partners ; b . Property Appraisers ; c . Contractors ; d . Surveyors ; e . Realtors ; f. Engineers ; g . Title Companies h . Home counselors ; and i . Other Applicable Service Providers . B . PROPERTY ACQUISITION SCOPE OF SERVICES OF THE ADMINISTRATOR The Administrator shall provide the following services for the property acquisition subsection included in this project . 1 . Prepare and coordinate the publication of Public Notices to solicit eligible properties for acquisition . ibute informational packages to local lending 2 . Prepare and distr institutions and other entities that own properties located within the selected target 4 19 . Prepare sub - recipient agreements between the County and non - profit housing organizations . 20 . Develop Request for Qualifications (RFQ for : a . Non-profit housing organization partners ; b . Property Appraisers ; c . Contractors ; d . Surveyors ; e . Realtors ; f. Engineers ; g . Title Companies h . Home counselors ; and i . Other Applicable Service Providers . B . PROPERTY ACQUISITION SCOPE OF SERVICES OF THE ADMINISTRATOR The Administrator shall provide the following services for the property acquisition subsection included in this project . 1 . Prepare and coordinate the publication of Public Notices to solicit eligible properties for acquisition . ibute informational packages to local lending 2 . Prepare and distr institutions and other entities that own properties located within the selected target 4 areas soliciting for properties that are eligible for acquisition under the NSP program . 3 . Compile a list of properties that are located within the selected target area and are available for acquisition through the NSP program . 4 . Work with the County and the selected non - profit housing organization partners to compile a list of NSP eligible properties . 5 . Coordinate the process of obtaining appraisals on properties that the Nonprofit Housing Organizations are considering purchasing . 6 . Negotiate acceptable option contracts for the purchase of NSP eligible properties that Nonprofit Housing Organizations are interested in purchasing . 7 . Work with the County to carry out due diligence prior to the purchase of all properties . Carrying out the due diligence shall include , but not be limited to : a . Obtaining surveys of properties , including flood plain elevation information, if applicable ; b . Obtaining phase one environmental assessments of properties utilizing qualified firms ; c . Verifying that the current zoning classification of properties is compatible with the intended use of the properties , 5 areas soliciting for properties that are eligible for acquisition under the NSP program . 3 . Compile a list of properties that are located within the selected target area and are available for acquisition through the NSP program . 4 . Work with the County and the selected non - profit housing organization partners to compile a list of NSP eligible properties . 5 . Coordinate the process of obtaining appraisals on properties that the Nonprofit Housing Organizations are considering purchasing . 6 . Negotiate acceptable option contracts for the purchase of NSP eligible properties that Nonprofit Housing Organizations are interested in purchasing . 7 . Work with the County to carry out due diligence prior to the purchase of all properties . Carrying out the due diligence shall include , but not be limited to : a . Obtaining surveys of properties , including flood plain elevation information, if applicable ; b . Obtaining phase one environmental assessments of properties utilizing qualified firms ; c . Verifying that the current zoning classification of properties is compatible with the intended use of the properties , 5 d . Obtaining title searches on properties and verifying the ability to obtain title insurance ; e . Insuring there are no existing liens or judgments filed against properties ; f. Carrying out rehabilitation inspections and developing cost estimates of repairs that need to be completed prior to occupying properties ; g . Completing property specific HUD Environmental Reviews ; 8 . Coordinate closings on the properties ; 9 . Ensure that all requirements of the Federal Uniform Relocation Act ( URA) associated with the acquisition of properties are followed ; and 10 . Develop professional service contracts that are consistent with OMB Circular A - 102 Attachment O and any other regulations from any other agencies as may be required for the following professionals : a . Property Appraisers ; b . Surveyors ; c . Realtors ; d . Title Companies e . Engineers ; f. Other Applicable Service Providers . 6 d . Obtaining title searches on properties and verifying the ability to obtain title insurance ; e . Insuring there are no existing liens or judgments filed against properties ; f. Carrying out rehabilitation inspections and developing cost estimates of repairs that need to be completed prior to occupying properties ; g . Completing property specific HUD Environmental Reviews ; 8 . Coordinate closings on the properties ; 9 . Ensure that all requirements of the Federal Uniform Relocation Act ( URA) associated with the acquisition of properties are followed ; and 10 . Develop professional service contracts that are consistent with OMB Circular A - 102 Attachment O and any other regulations from any other agencies as may be required for the following professionals : a . Property Appraisers ; b . Surveyors ; c . Realtors ; d . Title Companies e . Engineers ; f. Other Applicable Service Providers . 6 lie Provide technical assistance to the County in procuring professional service providers . 12 . Review and approve all payment requests to ensure the payments are appropriate and that proper documentation is included . 13 . Coordinate , monitor, and evaluate the direct cost of the property acquisition activity in the contract . 14 . Establish and maintain adequate bookkeeping systems for this subsection of the project . 15 . Evaluate this subsection according to HUD and DCA regulations and prepare all reports to HUD and DCA . 16 . Establish and maintain property acquisition files that are acceptable to HUD and DCA . 17 . Monitor contractor performance and compliance with contract requirements . 18 . Establish procedures relating to the procurement and implementation of contractual services , all pursuant to HUD and DCA requirements and regulations . 19 . Attend all HUD and DCA monitorings and prepare the County ' s response ( s ) to HUD and DCA monitoring letters . 7 lie Provide technical assistance to the County in procuring professional service providers . 12 . Review and approve all payment requests to ensure the payments are appropriate and that proper documentation is included . 13 . Coordinate , monitor, and evaluate the direct cost of the property acquisition activity in the contract . 14 . Establish and maintain adequate bookkeeping systems for this subsection of the project . 15 . Evaluate this subsection according to HUD and DCA regulations and prepare all reports to HUD and DCA . 16 . Establish and maintain property acquisition files that are acceptable to HUD and DCA . 17 . Monitor contractor performance and compliance with contract requirements . 18 . Establish procedures relating to the procurement and implementation of contractual services , all pursuant to HUD and DCA requirements and regulations . 19 . Attend all HUD and DCA monitorings and prepare the County ' s response ( s ) to HUD and DCA monitoring letters . 7 C . DEMOLITION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR ( S ) The Administrator( s) shall provide the following services for the demolition subsection of this project : 1 . Implement the Project according to the activities in the County ' s NSP CDBG application and NSP Plan . 2 . Maintain a public relations program regarding the demolition aspects of the project . The public relations program shall consist of informing the owners of properties adjacent to a property that contains a building to be demolished of the County ' s intent to demolish the structure and the intended use of the property after the demolition is completed . 3 . Develop and maintain a schedule of services regarding various aspects of the demolition subsection of the Project. This will include the development of a plan to maintain the property while it remains vacant . 4 . Maintain a list of properties where the demolition may be utilized . 5 . Establish and maintain files on the demolition aspects of the Project , including individual sites . 6 . Compile and develop progress reports and monitoring reports per HUD and DCA regulations and maintain central files on same . 7 . Implement the demolition aspects of the Project per the instructions of 8 C . DEMOLITION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR ( S ) The Administrator( s) shall provide the following services for the demolition subsection of this project : 1 . Implement the Project according to the activities in the County ' s NSP CDBG application and NSP Plan . 2 . Maintain a public relations program regarding the demolition aspects of the project . The public relations program shall consist of informing the owners of properties adjacent to a property that contains a building to be demolished of the County ' s intent to demolish the structure and the intended use of the property after the demolition is completed . 3 . Develop and maintain a schedule of services regarding various aspects of the demolition subsection of the Project. This will include the development of a plan to maintain the property while it remains vacant . 4 . Maintain a list of properties where the demolition may be utilized . 5 . Establish and maintain files on the demolition aspects of the Project , including individual sites . 6 . Compile and develop progress reports and monitoring reports per HUD and DCA regulations and maintain central files on same . 7 . Implement the demolition aspects of the Project per the instructions of 8 the County . 8 . Develop technical specifications and bid document forms for the demolition and clearance of project sites . 9 . Inspect the project sites to confirm completion per the demolition and site bid specifications . 10 . Represent the Local Government before any Local , State , or Federal board meeting regarding the demolition aspects of the Project . D . REHABILITATION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR( S) The Administrator( s ) shall provide the following services related to the rehabilitation of the properties acquired as part of the NSP program : 1 . Establish and maintain files on the general rehabilitation aspects of the project for use by the Local Government and interested citizens . 2 . Develop rehabilitation contract forms and contracting procedures acceptable to the County , HUD and DCA . 3 . Establish and maintain required bookkeeping records relating to all aspects of the contractor ' s billing process . 4 . Compile and correlate progress reports for the County and notify the County of the availability of the same . 5 . Compile and correlate progress reports on the Rehabilitation Activity 9 the County . 8 . Develop technical specifications and bid document forms for the demolition and clearance of project sites . 9 . Inspect the project sites to confirm completion per the demolition and site bid specifications . 10 . Represent the Local Government before any Local , State , or Federal board meeting regarding the demolition aspects of the Project . D . REHABILITATION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR( S) The Administrator( s ) shall provide the following services related to the rehabilitation of the properties acquired as part of the NSP program : 1 . Establish and maintain files on the general rehabilitation aspects of the project for use by the Local Government and interested citizens . 2 . Develop rehabilitation contract forms and contracting procedures acceptable to the County , HUD and DCA . 3 . Establish and maintain required bookkeeping records relating to all aspects of the contractor ' s billing process . 4 . Compile and correlate progress reports for the County and notify the County of the availability of the same . 5 . Compile and correlate progress reports on the Rehabilitation Activity 9 per any HUD or DCA reporting requirements . 6 . Prepare an RFQ to identify and pre - qualify contractors to work with the County ' s CDBG — NSP . 7 . Advise the County as to the progress of the Project and indicate any areas of concern and assist the County in developing solutions to any such problems . 8 . Represent the County before any necessary boards or review meetings related to the Rehabilitation Activity . 9 . Work with the County to develop and maintain proper and acceptable bookkeeping methods and necessary records in relation to the Rehabilitation Activity according to the standards of HUD and/or DCA . 10 . Coordinate , monitor , and evaluate the direct cost of the Rehabilitation activity in the contract . 11 . Evaluate this subsection according to HUD and DCA regulations and prepare all reports to the Department . 13 . Monitor contractor performance and compliance with contract requirements . 14 . Establish procedures relating to the procurement and implementation of contractual services , all pursuant to HUD and DCA requirements and regulations . 10 per any HUD or DCA reporting requirements . 6 . Prepare an RFQ to identify and pre - qualify contractors to work with the County ' s CDBG — NSP . 7 . Advise the County as to the progress of the Project and indicate any areas of concern and assist the County in developing solutions to any such problems . 8 . Represent the County before any necessary boards or review meetings related to the Rehabilitation Activity . 9 . Work with the County to develop and maintain proper and acceptable bookkeeping methods and necessary records in relation to the Rehabilitation Activity according to the standards of HUD and/or DCA . 10 . Coordinate , monitor , and evaluate the direct cost of the Rehabilitation activity in the contract . 11 . Evaluate this subsection according to HUD and DCA regulations and prepare all reports to the Department . 13 . Monitor contractor performance and compliance with contract requirements . 14 . Establish procedures relating to the procurement and implementation of contractual services , all pursuant to HUD and DCA requirements and regulations . 10 15 . Be present at all HUD and DCA monitoring and prepare the County ' s response( s ) to HUD and DCA monitoring letters . Project Delivery Services : The following are defined as project delivery services by DCA and are not included in this contract . They will be carried out by others unless they are incorporated by change order into this administrative contract : 1 . Inspect the housing units proposed for acquisition with NSP funding for the purpose of developing work write - ups and cost estimates for the rehabilitation work to be completed on the units . 2 . Develop detailed work write - up reports and cost estimates on the housing units that are to be rehabilitated as part of the NSP Project . 3 . Coordinate and conduct pre - bid walkthroughs of the housing units by the contractors . 4 . Identify work items associated with the rehabilitation bidding process . 5 . Provide the County with recommendations of award for the rehabilitation bids received . 6 . Complete contracts for the units to be rehabilitated or replaced . 7 . Conduct pre - construction conferences and contract signings for the units being rehabilitated . Complete , have executed , and record " Notices of 11 15 . Be present at all HUD and DCA monitoring and prepare the County ' s response( s ) to HUD and DCA monitoring letters . Project Delivery Services : The following are defined as project delivery services by DCA and are not included in this contract . They will be carried out by others unless they are incorporated by change order into this administrative contract : 1 . Inspect the housing units proposed for acquisition with NSP funding for the purpose of developing work write - ups and cost estimates for the rehabilitation work to be completed on the units . 2 . Develop detailed work write - up reports and cost estimates on the housing units that are to be rehabilitated as part of the NSP Project . 3 . Coordinate and conduct pre - bid walkthroughs of the housing units by the contractors . 4 . Identify work items associated with the rehabilitation bidding process . 5 . Provide the County with recommendations of award for the rehabilitation bids received . 6 . Complete contracts for the units to be rehabilitated or replaced . 7 . Conduct pre - construction conferences and contract signings for the units being rehabilitated . Complete , have executed , and record " Notices of 11 Commencement" . 8 . Record Deeds , Notes and Mortgages after execution . 9 . Implement inspection procedures to be utilized during the rehabilitation stage of the project . 10 . Organize and maintain appropriate records regarding inspections carried out during the rehabilitation stage of the project . 11 . Inspect housing units and verify contractors ' invoices at each draw as well as completion of the rehabilitation project . Obtain "Release of Liens " from contractors and sub - contractors prior to approving all draw requests . E . CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR ( S) The Administrator( s) shall provide the following services related to the selection and qualifying of clients and the sale and/or rental of the properties included in the County ' s NSP program : 1 . Work with the County and the non-profit housing organization partners to disseminate information to the general public regarding the program , including the application procedure for the individuals or families wishing to participate in the NSP project . 2 . Work with the County and the non -profit housing organization partners to develop application procedures and forms for prospective applicants . 12 Commencement" . 8 . Record Deeds , Notes and Mortgages after execution . 9 . Implement inspection procedures to be utilized during the rehabilitation stage of the project . 10 . Organize and maintain appropriate records regarding inspections carried out during the rehabilitation stage of the project . 11 . Inspect housing units and verify contractors ' invoices at each draw as well as completion of the rehabilitation project . Obtain "Release of Liens " from contractors and sub - contractors prior to approving all draw requests . E . CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR ( S) The Administrator( s) shall provide the following services related to the selection and qualifying of clients and the sale and/or rental of the properties included in the County ' s NSP program : 1 . Work with the County and the non-profit housing organization partners to disseminate information to the general public regarding the program , including the application procedure for the individuals or families wishing to participate in the NSP project . 2 . Work with the County and the non -profit housing organization partners to develop application procedures and forms for prospective applicants . 12 3 . Work with the County and the non -profit housing organization partners to accept and process applications from prospective applicants . 4 . Work with the County ' s non -profit housing organization partners to verify the eligibility of prospective applicants as to income per requirements of HUD and DCA keeping within the requirements of the Privacy Act . PART 2 A . GENERAL ADMINISTRATION LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government' s responsibility in regard to this subsection shall be to : 1 . Instruct the personnel of the Local Government to cooperate and assist the Administrator in the execution of the necessary financial data and procedures in order to comply with all HUD and/or DCA requirements . 2 . Provide assistance in implementation of contractual services necessary to complete the Project per the requirements of any and all HUD or DCA requirements . 3 . Establish and maintain rapport with individual citizens and community groups regarding the Project . 4 . Assist the Administrator in negotiations necessary for all subsections of 13 3 . Work with the County and the non -profit housing organization partners to accept and process applications from prospective applicants . 4 . Work with the County ' s non -profit housing organization partners to verify the eligibility of prospective applicants as to income per requirements of HUD and DCA keeping within the requirements of the Privacy Act . PART 2 A . GENERAL ADMINISTRATION LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government' s responsibility in regard to this subsection shall be to : 1 . Instruct the personnel of the Local Government to cooperate and assist the Administrator in the execution of the necessary financial data and procedures in order to comply with all HUD and/or DCA requirements . 2 . Provide assistance in implementation of contractual services necessary to complete the Project per the requirements of any and all HUD or DCA requirements . 3 . Establish and maintain rapport with individual citizens and community groups regarding the Project . 4 . Assist the Administrator in negotiations necessary for all subsections of 13 the Project . 5 . Review and implement all contracts necessary to ensure efficient progress of the Project . B . PROPERTY ACQUISITION LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government' s responsibility in regard to this subsection shall be to : 1 . Assist the Administrator by placing at its disposal all available information pertinent to the sites being considered for inclusion in the Project, including ownership data and any other data relative to the housing units that are being considered for acquisition under the NSP Program . I Furnish the Administrator, when available , reports regarding property , boundary , right - of way , zoning , comprehensive plan concurrency , building permits , flood plain elevations , which the Administrator may rely on in performing its services . 3 . Assist the Administrator in obtaining right- of entry and release of liability forms from property owners . 4 . Designate a member of the Local Government who will act as a contact person with the Administrator to facilitate and transmit instructions , receive information , and generally assist the Administrator as may be necessary . The Local 14 the Project . 5 . Review and implement all contracts necessary to ensure efficient progress of the Project . B . PROPERTY ACQUISITION LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government' s responsibility in regard to this subsection shall be to : 1 . Assist the Administrator by placing at its disposal all available information pertinent to the sites being considered for inclusion in the Project, including ownership data and any other data relative to the housing units that are being considered for acquisition under the NSP Program . I Furnish the Administrator, when available , reports regarding property , boundary , right - of way , zoning , comprehensive plan concurrency , building permits , flood plain elevations , which the Administrator may rely on in performing its services . 3 . Assist the Administrator in obtaining right- of entry and release of liability forms from property owners . 4 . Designate a member of the Local Government who will act as a contact person with the Administrator to facilitate and transmit instructions , receive information , and generally assist the Administrator as may be necessary . The Local 14 Government shall submit the contact person ' s name to the Administrator within ten ( 10 ) days of the signing of the contract . 5 . Give prompt notice to the Administrator whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project . 6 . Inform the Administrator of all meetings relevant to the NSP project involving non -profit housing organization partners , property appraisers , contractors , surveyors , realtors , home counselors , and other applicable service providers . C . DEMOLITION SERVICES LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government ' s responsibility in regard to this subsection shall be : I . Provide assistance in implementation of contractual services necessary to the Project per the requirements of any and all Local , State , and Federal Requirements . 2 . Establish and maintain rapport with individual citizens and community groups regarding aspects of this subsection of the Project . 3 . Assist the Administrator( s ) in negotiations of right- of- entry and release of liability aspects of this subsection of the Project . 4 . Review and implement all contracts as deemed necessary by the Local Government to ensure efficient progress of the Project . 5 . Provide any additional information as deemed necessary by the Local 15 Government shall submit the contact person ' s name to the Administrator within ten ( 10 ) days of the signing of the contract . 5 . Give prompt notice to the Administrator whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project . 6 . Inform the Administrator of all meetings relevant to the NSP project involving non -profit housing organization partners , property appraisers , contractors , surveyors , realtors , home counselors , and other applicable service providers . C . DEMOLITION SERVICES LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government ' s responsibility in regard to this subsection shall be : I . Provide assistance in implementation of contractual services necessary to the Project per the requirements of any and all Local , State , and Federal Requirements . 2 . Establish and maintain rapport with individual citizens and community groups regarding aspects of this subsection of the Project . 3 . Assist the Administrator( s ) in negotiations of right- of- entry and release of liability aspects of this subsection of the Project . 4 . Review and implement all contracts as deemed necessary by the Local Government to ensure efficient progress of the Project . 5 . Provide any additional information as deemed necessary by the Local 15 Government to the Administrator( s) which will help complete the demolition aspect of the Project and allow for summary and closure of demolition files . D . REHABILITATION SERVICES LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government ' s responsibility in regard to this subsection shall be : 1 . Assist the Administrator ( s ) by placing at its disposal all available information pertinent to the properties proposed for rehabilitation in the Project including previous building permit information and any other data relative to design and construction of the Project . 2 . Attempt to make provisions for the Administrator( s ) to enter onto public and private lands as required to perform the rehabilitation services included in this Project . 3 . Designate a member of the Local Government who will act as a contact person with the Administrator( s ) so as to facilitate and transmit instructions , receive information , and generally assist the administrator with the rehabilitation activity included in this project as may be necessary . 4 . Give prompt notice to Administrator( s) whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project . 16 Government to the Administrator( s) which will help complete the demolition aspect of the Project and allow for summary and closure of demolition files . D . REHABILITATION SERVICES LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government ' s responsibility in regard to this subsection shall be : 1 . Assist the Administrator ( s ) by placing at its disposal all available information pertinent to the properties proposed for rehabilitation in the Project including previous building permit information and any other data relative to design and construction of the Project . 2 . Attempt to make provisions for the Administrator( s ) to enter onto public and private lands as required to perform the rehabilitation services included in this Project . 3 . Designate a member of the Local Government who will act as a contact person with the Administrator( s ) so as to facilitate and transmit instructions , receive information , and generally assist the administrator with the rehabilitation activity included in this project as may be necessary . 4 . Give prompt notice to Administrator( s) whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project . 16 E . CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government ' s responsibility in regard to this subsection shall be : 1 . Assist the Administrator by placing at its disposal all available information pertinent to the non -profit housing organization partners , including information on previous projects carried out by the organization and any other data relative to administration of the Project . 2 . Work with the Administrator and the non -profit housing organizations to solicit potential clients , qualify potential clients , obtain Board of County Commissioners approval of potential clients , ensure that no potential conflicts of interest exist in relation to potential clients , coordinate client education courses that are required to meet the NSP program requirements and other relative services that may be required by the Administrator to carry out the project . 3 . Work with the Administrator and the non - profit housing organizations to facilitate the disposition of the dwelling units which are being sold by the non - profit housing organizations to qualified buyers . 4 . Designate a member of the County who will act as a contact person with the Administrator( s ) so as to facilitate and transmit instructions , receive information , and generally assist as may be necessary . 5 . Give prompt notice to Administrator( s ) whenever the Local Government observes or otherwise becomes aware of any defects or problems with 17 E . CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES LOCAL GOVERNMENT ' S RESPONSIBILITY The Local Government ' s responsibility in regard to this subsection shall be : 1 . Assist the Administrator by placing at its disposal all available information pertinent to the non -profit housing organization partners , including information on previous projects carried out by the organization and any other data relative to administration of the Project . 2 . Work with the Administrator and the non -profit housing organizations to solicit potential clients , qualify potential clients , obtain Board of County Commissioners approval of potential clients , ensure that no potential conflicts of interest exist in relation to potential clients , coordinate client education courses that are required to meet the NSP program requirements and other relative services that may be required by the Administrator to carry out the project . 3 . Work with the Administrator and the non - profit housing organizations to facilitate the disposition of the dwelling units which are being sold by the non - profit housing organizations to qualified buyers . 4 . Designate a member of the County who will act as a contact person with the Administrator( s ) so as to facilitate and transmit instructions , receive information , and generally assist as may be necessary . 5 . Give prompt notice to Administrator( s ) whenever the Local Government observes or otherwise becomes aware of any defects or problems with 17 the Project , P : AConIll unity Deve1opment\ Users\CDBG\2008 NSP\Contracts\Grant AdministrationAAppendix A ( 7 ) . doc 18 the Project , P : AConIll unity Deve1opment\ Users\CDBG\2008 NSP\Contracts\Grant AdministrationAAppendix A ( 7 ) . doc 18 - 3 � la A GENERAL ADMINISTRATION CONTRACT-' This General Administration Contract entered into as of this 3RD day of Nbrch _ 2009 , by and between Fred Fox Enterprises , Incorporated , hereinafter it referred to as the Administrator and the Indian Riven County Board of' County i Commissioners , hereinafter referred to as the Local Government . WITNESSETH THIS RECITAL : WHEREAS , the Local Government anticipates being awarded a $ 4 , 680 , 825 . 00 Community Development Block Grant ( CDBG ) , hereinafter referred to as the " Project " , under the Neighborhood Stabilization Program ( NSP ) from the Florida Department of Community Affairs ( DCA ) , and the local Government desires to implement that Project ; and I WHEREAS , the Local Government has determined that it needs the assistance i of a consultant to administer the Project ; and WHEREAS , the Local Government selected the Administrator through a procurement process that complied with applicable CDBG NSP requirements ; and WHEREAS , the Administrator is now available , willing , and qualified to i perform professional services in connection with the Project , to serve the Local Ir Government to which this contract applies , and to give consultation , advice , and II � I I II SmeadSoft Reprint Date: Monday, April 23, 2012 - 14: 00: 02 - C)fficialDocuments : 8343, Attachment Id 1, Page 1