HomeMy WebLinkAbout2003-173A RECEIVIED
NOV 14 2003
INDIAN RIVER COUNTY CDBG
LEAD ABATEMENT INSPECTION CLERK( TO Thr BOARD
CONTRACT
THIS AGYEEMENT, made and entered into this 2007) day of
01A G 6 , 20035 by and between INDIAN RIVER COUNTY , party
of the first part, herein referred to as "County", and GLE ASSOCIATES , INC . , party of
the second part, herein referred to as "Lead Inspection Firm" .
Whereas , County has received a Community Development Block Grant ( CDBG)
from the United State Department of Housing and Urban Development to perform
housing rehabilitation and replacement in the Gifford area in Indian River County,
Florida ; and
Whereas , County solicited proposals for Lead Inspection Firms to perform
inspection work associated with the CDBG program ; and
Whereas , GLE Associates , Inc . was selected as Lead Inspection Firm for the
CDBG program ;
Now, therefore , County enters into an Agreement with Lead Inspection Firm to
provide lead abatement inspection services for the Indian River County CDBG Program .
The following are the terms of the contract :
1 ) Lead Inspection Firm will inspect and test each of at least 16 residences for the
presence of lead , and thereafter the firm will deliver a written inspection report
to County . Each inspection report shall detail the results of the test ' s findings .
Each inspection shall be carried out in a manner that is consistent with HUD ' s
lead testing procedures , and the written report shall include a certification that
all required testing procedures have been carried out . The certification shall
be signed by a licensed "Lead Abatement Inspector" . The original inspection,
test, and written inspection report will be completed at a cost of $ 325 . 00 .
2 ) If lead is found in the residence , Lead Inspection Firm shall develop and
submit to County a "Risk Assessment Report" . That report shall identify
detailed abatement procedures for the lead found at the residence . The cost of
this activity will be $ 125 . 00 .
3 ) Once the lead that was found in the residence has been abated by a third party
not part of this contract, "Lead Abatement Inspector" shall carry out a second
test of the residence , including the submission of a report to County indicating
whether the lead previously present in the residence has been abated and
whether the residence has been cleared for occupancy . The report shall
include a certification that all required testing procedures have been carried
out. The certification shall be signed by a licensed "Lead Abatement
Inspector" . The second inspection, test, and report concerning abatement of
lead and clearance of the residence for occupancy will be executed at a cost of
$ 145 . 00 .
Lead Inspection Firm agrees that all work associated with this contract shall be
carried out in a workmanlike manner as directed by Indian River County
Community Development Department staff. Lead Inspection Firm also states
that its workers are covered by the legal limits of Workman ' s Compensation
Insurance or that it has received a written waiver from the State of Florida and
has affixed a copy of the waiver hereto . Additionally, copies of the insurance
policies , which meet or exceed the limits required in the original bid
documents , will be provided to County, prior to notice to proceed .
4) Lead Inspection Firm shall comply with Articles I through VIII, attached hereto
(Attachment 1 ) .
5 ) Lead Inspection Firm shall complete the sworn statement pertaining to public entity
crimes , attached hereto (Attachment 2 ) .
It is understood and agreed upon by both parties that timely completion of this
project is an essential element of this contract ; therefore , all work addressed under this
contract shall be completed on or before 10 calendar days after the "Notice To Proceed"
for each portion of the contract is issued . Should Inspector fail to complete the work
within that time , or such additional time as may be allowed by County due to causes
beyond the control of Inspector, then liquidated damages in the amount of $ 10 . 00 per day
may de deducted from the amount due to the Inspector . This amount represents a good
faith estimate of the daily damages which will result from late completion of this contract ,
the actual damages being difficult to ascertain .
All material , equipment and personnel necessary to carry out the above referenced
work will be furnished by GLE Associates, Inc .
Lead Abatement Inspection Contract Executed By :
Robert M . Keating, AIC Owner ' s Signature , GLE Associates , Inc .
Community Development Depart ent Print name : �'a
Indian River County
Authority : Board of County Commissioners , 3109 W . Dr . Martin Luther King Jr . Blvd ,
July 22 , 2003 suite 550
Tampa , Florida 33607
GLE Associates Inc . ' s Address
101 )Lo lo3 10 / � o X03
Date Date
59 -2975164
Federal I . D . or SS Number
ATTACHMENT 1
LEAD ABATEMENT INSPECTION
CONTRACT ARTICLES
ARTICLE I .
Inspector shall perform the work herein set out as an independent contractor free of
controls or supervision by County as to the means and methods of performing the same
and all persons engaged in the performance of such shall be solely the servants or
employees of Inspector (or its subcontractors as the case may be) .
ARTICLE II .
Inspector agrees to maintain accounts and records , including personnel , property, and
financial records , adequate to identify and account for all costs pertaining to the
Agreement and such other records for a minimum of three (3 ) years to assure proper
accounting for all funds . These records will be available for audit purposes to the County
or the State or any other authorized representatives , and will be retained for three (3 )
years after completion of this agreement unless permission to destroy them is granted by
County, or until all pending matters are closed . Moreover, the County, State , or any
authorized representative shall have access to any books , documents , papers , and records
of Inspector which are directly pertinent to this Agreement for the purpose of making
audit, examination, excerpts , and transcriptions .
ARTICLE III .
No officer or employee of the local jurisdiction or its designees or agents , no member of
the governing body, and no other public official of County who exercises any function or
responsibility with respect to this Agreement , during his/her tenure or for one ( 1 ) year
thereafter, shall have any interest, direct or indirect , in any Agreement or subcontract .
Inspector shall cause this Article III to be incorporated in all subcontracts the language
set forth in this paragraph prohibiting conflict of interest .
ARTICLE IV .
Inspector agrees to comply with Executive Order 11246 , which prohibits discrimination
in employment regarding race , color, creed, national origin , handicap , religion, ancestry ,
sex or age . The Inspector further agrees to comply with the filing of any and all
information and reports required by the Executive Order and by the rules , regulations ,
and orders of the Secretary of Labor.
ARTICLE V .
Inspector agrees that the County or appropriate State or Federal Agency shall have the
right to examine all their records and documents pertaining directly to this Agreement .
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ARTICLE VI .
1 . Termination (Cause and/or Convenience) ;
a) This Agreement may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its
obligations under this Agreement through no fault of the terminating
party, provided that no termination may be effected unless the other party
is given : ( 1 ) not less than ten ( 10) calendar days written notice (delivered
by certified mail , return receipt requested) of intent to terminate and (2) an
opportunity for consultation with the terminating party prior to
termination .
b) This Agreement may be terminated in whole or in part in writing by the
County for its convenience , provided that the other party is afforded the
same notice and consultation opportunity specified in 1 (a) above .
C) If termination for default is effected by the County, an equitable
adjustment in the price for this agreement shall be made , but ( 1 ) no
amount shall be allowed for anticipated profit or unperformed services or
other work, and (2) any payment due to Inspector at the time of
termination may be adjusted to cover any additional costs to the County
because of Inspector ' s default . If termination for convenience is effected
by the County, the equitable adjustment shall include a reasonable profit
for services or other work performed for which profit has not already been
included in an invoice . For any termination, the equitable adjustment shall
provide for payment to Inspector for services rendered and expenses in
addition to termination settlement costs reasonably incurred by Inspector
related to commitments (e . g . , suppliers , subcontractors) which had become
firm prior to receipt of the notice of intent to terminate .
d) Upon receipt of a termination action under paragraphs (a) or (b) above ,
Inspector shall ( 1 ) promptly discontinue all affected work (unless the
notice directs otherwise) and (2) deliver or otherwise make available to
County all data, drawings , reports , specifications , summaries and other
such information, as may have been accumulated by Inspector in
performing this Agreement, whether completed or in process . Upon
termination, County may take over the work and may award another party
an Agreement to complete the work described in this Agreement .
e) If, after termination for failure of Inspector to fulfill contractual
obligations , it is determined that the Inspector had not failed to fulfill
contractual obligations , the termination shall be deemed to have been for
the convenience of County . In such event, adjustment of the Agreement
price shall be made as provided in paragraph (c) above .
2 . Remedies : unless otherwise provided in this Agreement , all claims ,
counter-claims , disputes and other matters in question between the County
and Inspector, arising out of or relating to this Agreement, or in breach of
it, will be decided in a Circuit Court, for the 19th judicial circuit of Florida,
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venue in Indian River County, Florida. If the parties agree the dispute
may be settled by mediation .
ARTICLE VII .
Prohibition Against Contingent Fees : Inspector warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
inspector to solicit or secure this Agreement and that he has not paid or agreed to pay any
person, company , corporation, individual or firm, other than a bona fide employee
working solely for the inspector any fee , commission, percentage , or gift or other
consideration contingent upon or resulting from the award or making of this Agreement .
ARTICLE VIII .
Source of Funding : The sole source of payment of the CDBG portion of this Agreement
is the funding received through the CDBG program and/or portion of any other funding
from grants leveraged from it .
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ATTACHMENT 2
SWORN STATEMENT UNDER SECTION 287. 133 (3)(a)
FLORIDA STATUTES ON THE PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICE AUTHORIZED TO ADMINISTER OATHS .
1 . This sworn statement is submitted with the Lead Based Paint Inspection
Agreement between the firm of GLE Associates , Inc . and Indian River County.
2 . This sworn statement is submitted by GLE Associates , Inc . whose business
address is 3109 W . Dr. Martin Luther King Jr. Boulevard, Suite 550 , Tampa,
Florida 33607 and (if applicable) its Federal Employer Identification Number
(FEIN) is 59-2975164
3 . My name is Robert B . Greene and my relationship to the entity named above is
President .
4 . I understand that a "Public Entity Crime" as defined in Paragraph 287 . 133 ( 1 ) (g) ,
Florida Statutes , means a violation of any State or Federal law by a person with
respect to and directly related to the transactions of business with any public
entity or with an agency or political subdivision of any other State of with the
United States , including, but not limited to any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision
of any other stat or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation .
5 . 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 pleas of
guilty or nolo contendere .
6 . I understand than an "affiliate" as defined in Paragraph 287 . 133 ( 1 ) (a) , Florida
Statues , means :
a. A predecessor or successor of a person convicted of a public entity crime ; or
b . An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity
crime . The term "affiliate" includes those officers , directors, executives ,
partners , shareholders, employees , members, and agents who are active in
the management of an affiliate . The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of
equipment or income among person when not fair market value under an
arm ' s length agreement, shall be a prima facie case that one person controls
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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 . I understand that a "person" as defined in Paragraph 287 . 133 ( l ) (e) , Florida
Statutes , means any natural person or entity organized under the laws of any State
of the United States with the legal power to enter into a binding contract and
which bids or applies to bid on contracts for the provision of goods or services let
by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers , directors,
executives, partners , shareholders, employees, members , and agents who are
active in management of an entity.
8 . Based on information and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement . (Please indicate which
statement applies . )
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 from
the convicted vendor list . (Please attach a copy pf the final order. )
The person or affiliate has not been placed on the convicted vendor list .
(Please describe any action taken by or pending with the Department of
General Services . )
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(Signa ure)
Date : / a3
STATE OF Florida
COUNTY OF Hillsborough
PERSONALLY APPEARED BEFORE ME , the undersigned authority, Robert B .
Greene who , after first being sworn by me, affixed his/her signature in the space provided
above on this 17th day of October 2003 .
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NOT PUBLIC
My Commission Expires : Ginrry Len
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p Y Expires November 05, 2004
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