HomeMy WebLinkAbout2008-015INDIAN RIVER COUNTY, FLORIDA
CONTRACT FOR FISCAL FUNDING YEAR (IFFY 2007)
COMMUNITY DEVELOPMENT BLOCK GRANT (CBDG)
NEIGHBORHOOD REVITALIZATION
PROGRAM ADMINISTRATION SERVICES
THIS CONTRACT is made and entered into by and between the Indian River County Board
of County Commissioners (hereinafter the COUNTY) and Guardian Community Resource
Management, Inc., (hereinafter GUARDIAN). This Contract shall become effective
immediately, with Program Administration Services subject to the beginning date of the
COUNTY's Grant Award Agreement between the COUNTY and the Florida Department of
Community Affairs (hereinafter DCA).
WHEREAS, the COUNTY has solicited for competitive proposals, and selected GUARDIAN
to perform Program Administration Services for a Community Development Block Grant
(CDBG) for the IFFY 2007 funding cycle in the Neighborhood Revitalization(NR)
category.
NOW THEREFORE, in consideration of the mutual covenants and agreements as
contained herein to be kept by and between the parties, the COUNTY and GUARDIAN
agree as follows:
A. Covenant for Services
The COUNTY does hereby contract with GUARDIAN to perform the services described
herein and GUARDIAN does hereby agree to perform such services under the terms and
conditions set forth in this Contract. The obligations of the COUNTY hereunder are subject
to annual appropriation and budget as required by law. The proposal marked 'RFP
2008024 Neighborhood Revitalization CDBG Services' dated November 2007 by Guardian
and all presentations to the COUNTY therein shall be a part of this contract, except as
otherwise provided for in this agreement. This shall include, but not be limited to, primary
contacts, staff working on the project, levels and types of service, and deliverables. The
COUNTY shall have the right to terminate this contract for convenience (see termination
below) in the event such changes are not deemed in the best interest of the COUNTY.
B. Availability of Funds
Payment of funds pursuant to this Contract is subject to and conditioned upon the release of
authorized appropriations from the DCA. GUARDIAN shall be paid in accordance with
Section D of this Contract. The COUNTY's Grant Award Agreement from DCA shall
become part of this Contract.
C. Scope of Services
(1) Intent of this Contract
GUARDIAN agrees, under the terms and conditions of this Contract and the applicable
federal, state and local laws and regulations, to undertake, perform, and complete the
necessary Program Administration Services (identified in Section C.(2) of this contract)
required to implement, complete, and close out the COUNTY's FFY 2007 CDBG-NR project
in compliance with applicable laws and regulations. GUARDIAN will comply with Chapter
119, Florida Statues.
(2) Scope of Services — Program Administration Services
• Coordinate with the County and DCA for all matters related to this
project
Attend all meetings related to the grant, including but not limited to,
public hearings, staff meetings, public informational meetings, etc.
• Represent the County during DCA/HUD Site Visits and Monitorings and
prepare response(s) to HUD and DCA monitoring letters.
Represent the County Before any State or Federal Boards or Meetings
Regarding the Project
• Create Project Information Management and Record Filing System
• Develop Project Financial Management System (for Disbursing Funds)
• Maintain Project Records and Filing System acceptable to both the
Florida Department of Community Affairs and the Auditor's General
Office (track and code files/check regularly)
Establish and Maintain the County's Equal Opportunity Files for the
Project
• Develop Work Plans for Project Contract Document
Prepare Grant Contract Document
• Develop Budget for Project Contract
• Handle Environmental Review(s), Including the Preparation of Public
Notices and the "Request for Release of Funds".
• Oversee Project to monitor for Compliance with applicable DCA/HUD
requirements
• Coordinate With Other Agencies and Contracts, as Necessary
• Request Wage Decisions for the project from DCA and/or HUD and
provide to the County as needed
• Maintain a Budget Tracking System
Provide Technical Assistance to the County in Procuring Professional
Service Contracts
• Review Bid Documents and Contract Documents For Compliance (this
Includes Review for Compliance with OMB Circular A-102)
Establish Grant Related Architecture/Engineer Terms and Conditions
for Incorporation in the Bid Package
• Prepare Contractor/Administrator Procurement Packages and review
for DCA and HUD compliance.
• Obtain DOL/HUD/DCA clearances of the contractor
Prepare Notice of Award to DOL, HUD, or DCA as required.
• Conduct Preconstruction Conference
• Prepare and Send Notice on Behalf of the County to DOL and HUD or
DCA that the construction has commenced
• Oversee Citizen Complaint Process
• Monitor Contractor, Engineer, and Construction Progress
• Supervise Payment Authorizations
• Prepare Request for Grant Funds (No Less than Quarterly)
Prepare And Process DCA Contract Amendments, as Needed
(including preparing advertisements and attending public hearings)
• Review Change Orders And Amendments For Compliance, as Needed
Provide Regular Project Status Reports to DCA (No Less than
Quarterly) and provide additional progress reports to the County if
requested.
• Monitor all Project Activity to Ensure Compliance with DCA, HUD, and
DOL requirements
• Review the Contractor's Weekly Payrolls for Compliance with
Davis/Bacon and other Federal Contract Requirements
Approve all Payment Requests to Ensure the Payments are
Appropriate and the Proper Documentation is included
Establish and Maintain Labor Standards Compliance Files
• Provide all Other Necessary Technical Assistance
Review Final Change Order, Pay Request, & Construction Documents
for compliance with DCA/HUD/DOL requirements
• Balance Final Project Budget
• Gather All Necessary Supporting Documents
Prepare Documents for Administrative/Financial Close Out
Perform all Closeout Activities, including Preparing Final Status Report
and Responses to DCA and/or HUD and all Other Reports Related to
the Project and Required by DCA and/or HUD
• Prepare all Necessary and all Requested Responses to Inquiries from
Local, State, and Federal Governmental units Related to HUD and
DCA Regulations.
If the Grant
Award Agreement
between the
COUNTY and FDCA is amended, the scope of
services for
the project
shall be
amended to
be consistent with that Agreement.
D. Consideration and Method of Payment for Services
(1) Amount of Consideration
For Program Administration Services, the COUNTY will pay GUARDIAN the sum of 5.33%
of the awarded grant dollars (i.e. $40,000 for the $750,000 grant). The COUNTY shall pay
the fee to GUARDIAN in 17 equal monthly payments of $2,000 per month, starting in
February 2008. The remaining balance of $6,000 will be paid to the consultant after
administrative closeout of the contract by DCA. If the project is completed in less than 17
months, the balance of the administration fee will be paid to GUARDIAN after completion
and submission of the Closeout Status Report to DCA.
The COUNTY and GUARDIAN shall review the progress of the project after 6 months 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.
(2) Method of Payments
GUARDIAN will submit a monthly invoice. The invoice shall be submitted to the COUNTY
for the COUNTY's review and approval. Payment shall be made in accordance with the
Local Government Prompt Payment Act, Florida Statutes 218.70. The invoice shall be
consistent with the payment schedule established in D(1) and any additional amount for
services rendered pursuant to D(3).
(3) Additional Services
If additional services are requested by the COUNTY or required, then the cost of these
additional services shall be based on the hourly rates identified in Attachment C of this
Contract and a work order or equivalent. Additional services shall include additional project
management due to construction delays beyond the construction contract period. Prior to
providing any additional services, the COUNTY must, in writing, accept the work order for
additional services. Where possible, a liquidated damages fee clause established in the
construction contract would be utilized to pay for the additional services caused by the
construction delays.
(4) Social Security
The County shall not be liable for Social Security contributions relative to the compensation
of GUARDIAN staff.
E. Subcontracts
(1)
GUARDIAN
shall not subcontract any
of the work required under
this contract without
written approval
by the COUNTY.
(2) If GUARDIAN subcontracts any of the work required under this
Contract, GUARDIAN agrees to include in the subcontract a requirement that the
subcontractor be bound by the terms and conditions of this Contract with the COUNTY.
(3) GUARDIAN agrees to include in the subcontract a requirement that
the subcontractor shall indemnify and hold harmless the DCA, the COUNTY and
GUARDIAN from and against all claims of whatever nature by the subcontractor arising out
of the subcontractor's performance of work under this Contract.
F. Modification of Contract
All modifications or amendments to this Contract shall be in writing, executed with the same
formalities as this Contract, and addressed to the appropriate parties hereto and given
personally, by registered or certified mail, return receipt requested, by facsimile, or by a
national recognized overnight courier service. All modifications or amendments shall be
effective upon the date of receipt and attached to the original of this Contract. The amount
of compensation to be paid to GUARDIAN will not be amended without mutual agreement
of the COUNTY and GUARDIAN, formally executed in writing, subject to availability of
funds.
G. Termination (Cause and/or Convenience)
(1) This Contract 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 Contract through no fault of the terminating party, provided that no termination may be
effected unless the other party is given (1) not less than fifteen (15) calendar days written
notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an
opportunity within fifteen (15) additional days to schedule direct (in-person) consultation with
the terminating party prior to termination. During the notice and consultation period, both
parties are expected to comply with all agreements and regulations affecting the project as
required.
(2) This Contract 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 G. (1) above.
(3) If termination for default is effected by the COUNTY, 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
GUARDIAN at the time of termination may be adjusted to cover any additional costs to the
COUNTY because of GUARDIAN's default.
For any termination, the equitable adjustment shall provide for payment to GUARDIAN 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 GUARDIAN relating to
commitments (e.g., suppliers, subcontractors) which had become contracted prior to receipt
of the notice of intent to terminate.
(4) Upon receipt of a termination action under paragraphs (1) or (2)
above, GUARDIAN shall (1) discontinue all affected work (unless the notice directs
otherwise) and (2) deliver or otherwise make available to the COUNTY all data, drawings,
reports specifications, summaries and other such information, as may have been
accumulated by GUARDIAN in performing this Contract, whether completed or in process,
within the 30 day notice and consultation period.
(5) Upon termination, the COUNTY may take over the work and may
award another party a Contract to complete the work described in this Contract.
(6) If, after termination for failure of GUARDIAN to fulfill contractual
obligations, it is determined that GUARDIAN had not failed to fulfill contractual obligations,
the termination shall be deemed to have been for the convenience of the COUNTY. In such
event, adjustment of the contract price shall be made as provided in paragraph (3) above.
H. Remedies
Unless otherwise provided in this Contract, all other matters in question between the
COUNTY and GUARDIAN, arising out of or relating to this Contract, or the breach of it, will
be decided by a Florida court of competent jurisdiction. The venue for any legal action or
other proceedings, which might arise from this Contract, shall be Indian River County,
Florida.
Liability
(1) GUARDIAN shall be responsible for all damages to persons or
property that occur as a result of GUARDIAN's fault or negligence in connection with work
performed under the provisions of this Contract, and GUARDIAN shall be financially and
otherwise responsible for the proper care and protection of all such work performed until
completion thereof and final acceptance by the COUNTY. Guardian shall maintain
$1,000,000 of General Liability Insurance. Documentation regarding insurance will be made
available upon request.
(2) GUARDIAN shall indemnify and hold harmless the COUNTY, its
agents, and employees from liability for any injury or damages to persons or property
resulting from GUARDIAN's prosecution of work pursuant to the provisions of this Contract.
Project Representatives
The COUNTY's Project Manager/Coordinator for this Contract is: Bill Schutt, AICP, Senior
Economic Development Planner, Indian River County, 772-226-1243,
bschutt@ircgov.com.
GUARDIAN's Primary Contact responsible for the administration of this Contract is J.
Corbett Alday, CEO, Guardian Community Resource Management, Inc., PO Box 189,
Mascotte, FL 34753 (813) 943-2627, corbett.alday@guardiancrm.com. In the event that
different representatives are designated by either party after execution of this Contract,
notice of the name and address of the new representative will be rendered in writing to the
party and said notification attached to the original of this Contract.
K. Terms and Conditions
This Contract contains all the terms and conditions agreed upon by the parties.
M. Eligibility
GUARDIAN certifies that it is eligible to receive state and federally funded contracts.
GUARDIAN also certifies that no party, which is ineligible for such work, will be
subcontracted to perform services under this Contract.
Conflict of interest
No member of or Delegate to the Congress of the United States, or Resident
Commissioner, and no elected state official or state employee shall share in any proceeds
of this Contract, or in any benefit to arise from it. No officer or employee of the local
jurisdiction or its designers or agents, no member of the governing body, and no other
official of the locality who exercises any function or responsibility with respect to this
Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed.
Further, GUARDIAN shall cause to be incorporated in all subcontracts the language set
forth in this paragraph prohibiting conflict of interest.
O. Federal Statutory Requirements
When applicable, GUARDIAN and the COUNTY shall comply with the provisions contained
in Attachment A and incorporated herein.
P. Attachments
This Contract
is subject to the provisions
of the following
Attachments, which are attached
to and made a
part of this Contract:
(1) Attachment A, "Federal Provisions", consisting of three (3) pages.
(2) Attachment B, "Section 3 and Affirmative Action Plan", consisting of
one (1) page.
(3) Attachment C, "Fee Schedule", consisting of one (1) page.
IN WITNESS WHEREOF, the parties have executed this Contract on this the 15th day of
January, 2008.
GUARC
By:
Name as
Attest: `
NameandTitle:-1_ f ► rt
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Lae
Srnndr L. Bowden, Chairmz '
Attest: �'"&C, C LaA K
rov', Jeffrey K Oarfon, Clerkof#tJ Circuit Court
Approved as to Form and Legal Sufficiency
az=� 61 " 1 4
William G. Collins, Indian River County Attorney
J eph A. B 'rd, Codnty Adhi7nistrafdr
ATTACHMENT A
1. Equal Employment Opportunity
During the performance of this Contract, GUARDIAN agrees as follows:
a. GUARDIAN will not discriminate against any employee or applicant
for employment because of age, race, sex, national origin, ethnic background, and
handicap status. GUARDIAN will take affirmative action to ensure that applicants are
employed, and that employees are treated fairly during employment, without regard to their
race, creed, sex, color or national origin. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, transfer; recruitment or recruitment
advertising; layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship. GUARDIAN agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
COUNTY setting forth the provisions of this non-discrimination clause.
b. GUARDIAN will, in all solicitation or advertisements for employees placed
by or on behalf of GUARDIAN, state that all qualified applicants will receive consideration
for employment without regard to age, race, sex, national origin, ethnic background, and
handicap status.
C. GUARDIAN will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions will be binding
upon each subcontractor, provided that the foregoing provisions shall not apply to contracts
or subcontracts for standard commercial supplies or raw materials.
d. GUARDIAN will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR Chapter 60).
e. GUARDIAN will furnish all information and reports required by Executive
Order 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 COUNTYand the Florida or United States Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of GUARDIAN's non-compliance with the equal opportunity
clauses of this Contract or with any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part and GUARDIAN may be declared
ineligible for further government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. GUARDIAN will include the provisions of paragraphs (a) through (g) in
every subcontract or purchase order unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
GUARDIAN will take such action with respect to any subcontract or purchase order as the
local governing authority(s) representative may direct as a means of enforcing such
provisions including sanction for non-compliance: Provided, however, that in the event
GUARDIAN becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the COUNTY, GUARDIAN may request the United
States to enter into such litigation to protect the interests of the United States.
2. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial
assistance.
3. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race, color, national origin,
or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under Title I of the Housing and Community Development Act.
4. "Section 3" Compliance in the Provision of Training, Employment, and
Business Opportunities
a. The work to be performed under this Contract is assisted by direct federal
assistance from the U.S. Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR
Part 135), as amended, 12 U.S.C. 170. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given to lower income residents of
the project area and contracts for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
b. The parties to this Contract will comply with the provisions of said Section 3
and regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this Contract. The parties to this Contract certify
and agree that they are under no contractual or other disability, which would prevent them
from complying with these requirements.
c. GUARDIAN will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or worker's
representative of his commitments under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants-for employment or
training.
d. GUARDIAN will include this Section 3 clause in every subcontract for work
in connection with the project and will, at the direction of the applicant for or recipient of
federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, CFR Part 135. GUARDIAN will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation of
regulations under CFR Part 135 and will not let any subcontract unless the subcontractor
has first provided it with a preliminary statement of ability to comply with the requirements of
these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior
to the execution
of this
Contract, shall be a condition of the federal financial assistance
provided
to the
project,
binding upon the applicant or recipient for such assistance, its
successors
and
assigns.
Failure to fulfill these requirements shall subject the applicant or
recipient,
its contractors
and subcontractors, its successors and assigns to those sanctions
specified
by the
grant or loan agreement or contract through which federal assistance is
provided,
and to
such sanctions
as are specified by 24 CFR Part 135.
5. Access and Retention to Records
The COUNTY, the DCA, 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 GUARDIAN which are
directly pertinent to this Contract for the purpose of making audit, examination, excerpts,
and transcriptions. GUARDIAN shall retain all records relating to this Contract for five (5)
years after the COUNTY makes final payment and all other pending matters are closed.
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ATTACHMENT B
SECTION 3 AND AFFIRMATIVE ACTION PLAN
1. GUARDIAN will solicit and evaluate applications for employment in a manner that is
non-discriminatory based upon age, race, sex, national origin, ethnic background, and
handicap status.
2. When training and/or employment opportunity arises in connection with this project,
GUARDIAN will, to the greatest extent feasible, provide maximum opportunity to lower
income residents of the project. Employment opportunity will be locally advertised in a
manner that will ensure that potentially eligible applicants are 1) made aware of the
opportunity, and 2) provided a convenient way to apply for employment.
3. During this project, GUARDIAN will seek to purchase necessary goods and/or
services from businesses that are located in, or owned by persons residing in the
jurisdiction.
4. GUARDIAN will utilize the Florida lists of minority businesses in filling
subcontracting and/or purchasing needs, where applicable.
5. GUARDIAN will include applicable equal opportunity provisions in subcontracts
issued in connection with this project.
6. GUARDIAN shall publicize and post this policy in a conspicuous place available to
employees and applicants for employment and training, where applicable.
7. GUARDIAN is under no contractual or other disability, which would prevent
compliance with this policy.
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ATTACHMENT C
FEE SCHEDULE FOR ADDITIONAL SERVICES IF NEEDED
Where grant funds cannot be used or for additional services the following schedule will be
utilized:
Description
not allow for admin
fees, but there are other ways
Fee*
negotiated on a case by case basis,
Grant -Loan Program Services Director/Manager
$
90.00
representative services during construction.
per
hour
Grant Financial Services Director/Manager
$
80.00
per
hour
Construction Services Director/Manager
$
70.00
per
hour
Program Manager/Project Delivery Manager
$
60.00
per
hour
Construction Specialist/Grants Administrator
$
60.00
per
hour
Planner/Project Delivery Specialist
$
50.00
per
hour
Program Assistant/Planning Assistant
$
37.00
per
hour
Research/Administrative Assistant
$
25.00
per
hour
Typical Fees by Work Order (examples
CWHIP Workforce Housing Proposal $25,000
USDA Water/Waste Grant -Loan Application $251000**
SRF Water or Waste Loan or Grant Pre -Application or App $15,000
EDA Public Works Grant Application $20,000**
EPA STAG or SPAP Grant Application $12,000
Economic Development Transportation Grant Application $71000**
Rural Infrastructure Grant Application $51000**
FCT Land Acquisition Application $101000**
FRDAP Application $5,000
** Typically does
not allow for admin
fees, but there are other ways
to pay Guardian which can be
negotiated on a case by case basis,
such as the developer pays on
funding award or Guardian is
hired for owner's
representative services during construction.
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