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GENERAL ADMINISTRATION CONTRACT
INDIAN RIVER COUNTY HOME AGAIN DISASTER RELIEF
This General Administration Contract (hereinafter "Agreement") entered into as
of this 1 st day of February , 2005 by and between Fred Fox
Enterprises, Incorporated, (hereinafter "Administrator") , and Indian River County,
(hereinafter "Local Government. ")
WITNESSETH
WHEREAS , the Local Government has been awarded a HOME Again Disaster
Relief HOME Assistance Program, (hereinafter the "Project or "Project Contract"
when specifically referring to the Contract executed between the Local Government and
the Florida Housing Finance Corporation as described below) , and the Local Government
being desirous of implementing such a Project; and,
WHEREAS , the Administrator is now available, willing, and qualified to
perform professional services in connection with the Project, in order to serve the Local
Government to which this Agreement applies, to assume primary responsibility for the
administration of the Project and the Project Contract, and to give consultation, advice,
and direction for such Project; and,
WHEREAS , the Local Government is without sufficient resources to devote to
the Project in order to properly administer it and is desirous that the Administrator
perform all services regarding the Project and does now engage Administrator to perform
said services noted above on the Project; and
WHEREAS , Administrator agrees to perform such services and to provide
technical assistance in various program areas ; to serve the Local Government as its
professional representative , administrator and coordinator in various phases of the Project
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to which this Agreement applies ; to prepare and disseminate information to the general
public regarding the Project; to administer the Project in accord with the terms of the
Project Contract, including all attachments and references therein, entered into between
the State of Florida, Housing Finance Corporation (hereinafter "FHFC"), and the Local
Government,
NOW THEREFORE, the parties hereto agree as follows :
ARTICLE 1
A. GENERAL ADMINISTRATION
SCOPE OF THE SERVICES OF THE ADMINISTRATOR
The Administrator shall provide the following services for the general
administration aspect of the Project:
1 . Coordinator, monitor, and evaluate the direct costs of the overall program,
including but not limited to the multiple activities outlined in the
subsections of the Agreement below.
2 . Develop , plan, implement, and assess the citizen' s participation to all
community organizations , including but not limited to providing program
information, technical assistance to citizens, publishing applicable notices,
and conducting applicable meetings and/or hearings, as well as responding
to citizen inquiry regarding the Project.
3 . Dissemination to the public of all programs involving citizens
participation to all Community organizations , including, but not limited to
providing the program information, technical assistance to community
groups, and dissemination of materials .
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4 . Establish and maintain general and related files, containing sufficient
detail for the purposes of audit requirements for the administration of the
Project.
5 . Establish procedures relating to the procurement and implementation of
contractual services all pursuant to FHFC requirements and regulations .
6 . Attend all Local Government committee and Board of County
Commissioners meetings at which the progress of the Project is being
discussed or which requires Board of County Commissioners action and
prepare all back up documentation for submittal as part of the agenda for
all applicable committee meeting or Board of County Commissioners
meeting .
T Establish and maintain sufficient records , internal control procedures,
files, bookkeeping and audit procedures, in order to comply with the
record keeping and audit requirements as outlined in the Project Contract
and as required by applicable State and Federal laws and administrative
rules as outlined in the Project-Contract.
8 . For audit reports required to be filed with FHFC, and prepared by a
certified public accountant, Administrator shall coordinate the
accountant ' s progress, deliver all records necessary for completion of the
audit to the accountant, and assist the County in filing the audit with the
proper authority once completed. Administer shall ensure that all audits
meet the requirements of sections 11 .45 and 216 . 349 , Florida Statutes and
Chapter 10 . 550 and 10 . 600, Rules of the Auditor General, and, to the
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extent applicable , the Single Audit Act of 1984 , 31 U . S . C . ss . 7501 . 7507,
OMB Circulars A- 128 or A- 133 , for the purposes of auditing and
monitoring the funds awarded under the Project Contract.
9 . Monitor the progress of the Project to ensure compliance with all FHFC
regulations and prepare all necessary and all requested responses to
inquiries from all applicable Local, State, and Federal Governmental units .
10 . Evaluate the various aspects of the Project according to FHFC regulations
and prepare all final reports to said agencies .
11 . Prepare adequate advertising for all aspects of the Project as necessary to
ensure active citizen participation, including, but not limited to the
environmental aspects of the Project, and place said advertising .
12 . To be the primary Administrator of the Project and be responsible for
accomplishing all things necessary to ensure that the Local Government
complies with the obligations, reporting requirements and all referenced
laws, rules and regulations for administering the Project, all as set forth in
the Project Agreement and all attachments thereto and references therein.
13 . To keep the County Finance Department informed of the Project on a
monthly basis with a written report to the Local Government indicating
the status of all work, the nature of any contracts from any applicable
government agencies and the Administrator' s response .
14 . Establish and maintain adequate bookkeeping systems and internal control
procedures for the purpose of complying with the audit requirements
required pursuant to the Project Agreement, as well as that required by
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applicable State, and Federal law, and implement said bookkeeping
systems and generation of records .
15 . Undertake primary responsibility for the procurement of professional
services contracts and all other contracts for goods and services for the
Project, including interviewing and selection of professionals in accord
with the Florida Consultants Competitive Negotiation Act, preparation of
bid information, publishing of bid solicitation, review of responsive bids
and recommendation of award, preparation of contracts to be presented to
the Board of County Commissioners for approval and execution, and
administration of all contracts to ensure compliance with all applicable
FHFC requirements .
16 . Prepare all professional service contracts and all other contracts for goods
and services necessary for the completion of the Project and ensure they
are consistent with all federal and state laws, regulations and rules as
required by the terms of the Project agreement.
17 . Administer all contracts entered into between the Local Government and
various professionals, contractors, and vendors in accord with the
requirements of FHFC and any other federal or local agency whose laws
or regulations affect the project.
18 . Establish and maintain construction files relating to the work for the
Project.
19 . Certify on each invoice presented for payment pursuant to any contract
that the referenced services or procurement of goods have been
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accomplished in compliance with the Project Contract and all applicable
attachments and references .
20 . Schedule, coordinate and attend pre-construction conferences .
21 . Establish and maintain the Local Government' s equal opportunity files for
the Project.
22 . Prepare and send all required notices pursuant to the Agreement to all
affected agencies that the construction work pursuant to the Project has
commenced.
23 . Attend all FHFC monitoring visits and prepare the Local Government
response to FHFC monitoring letters and initiate all remedial or
compliance measures if any, as directed by FHFC any other Local, State
or Federal Governmental units .
24 . Keep , complete and maintain files pertaining to the Project for use by the
Local Government and interested citizens .
25 . Prepare for and represent the Local Government before any State or
Federal Board or meetings regarding the Project Contract.
26 . Give prompt notice to the Local Government whenever the Administrator
observes or otherwise becomes aware of any defects or problems with the
Project.
27 . Inform the Local Government of all meetings involving the Project
including all meetings with applicable government agencies or pertaining
to personal service contracts with architects and/or engineers regarding
this Project.
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28 . Be responsible for the handling of all aspects of the day to day monitoring
of the progress of the work performed pursuant to the Project Agreement.
29 . Supervise the preparation and submittal of all applications for any permit
required for the work to be performed under the Project Agreement, and
supervise the preparation and submittal of any additional requests for
information arising from the permit application.
B. 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 application.
2 . Maintain a public relations program regarding the demolition aspects of
the project.
3 . Develop and maintain a schedule of services regarding various aspects of
the demolition subsection of the Project.
4 . Compile a list of anticipated project sites for the demolition subsection of
the Project.
5 . Ascertain eligibility of individual sites for this aspect of the project.
6 . Establish and maintain files on the demolition aspects of the Project,
including individual sites .
T Compile and develop progress reports and monitoring reports per FHFC
regulations and maintain central files on same .
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8 . Implement the demolition aspects of the Project per the instructions of the
Local Government.
9 . Compile and develop files regarding the actual demolition aspects of the
Project.
10 . Develop technical specifications and bid documents for the demolition and
clearance .
11 . Inspect the project sites per the demolition and site specifications .
12 . Represent the Local Government before any Local, State, or Federal board
meeting regarding the demolition aspects of the Project.
C. RELOCATION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services for the relocation
aspects of the Project and shall provide the following services for each homeowner as
may be applicable and as required :
1 . Develop and draft a Relocation Policy for the Local Government' s review
and approval.
2 . For each relocates, the Administrator(s) shall :
(A) Interview each to ascertain household relocation needs based on
income, family unit size, and housing needs and preferences .
(B) Develop and prepare necessary forms to document each of the
relocatee ' s family needs .
(C) Develop , collate, and maintain individual files for each reloctatee
family unit.
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3 . Develop and implement relocation referral and counseling services to
disseminate information regarding the availability of housing, cost of
comparable replacement housing, and possible replacement housing
referrals .
4 . Develop an inspection report according to the Federal Minimum Property
Standard Requirements and certify to the Local Government that each
replacement unit is safe, decent and sanitary for human occupancy .
5 . Develop and maintain an availability file of appropriate housing and
coordinate relocation counseling services .
6 . Develop and maintain procedures regarding moving and replacement
housing payments .
7 . Assist applicants in completing and filing any necessary forms relating to
moving, replacement, and housing payments .
8 . Establish and maintain Projects files .
9 . Be present at all FHFC monitoring ' s concerning the relocation program
and prepare the Local Government' s response to the FHFC monitoring
letters .
10 . Represent the Local Government before any Local, State, or Federal board
or meeting regarding the relocation aspects of the Project.
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D . REHABILITATION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services : (A) Implement an
acceptable rehabilitation program per application forms .
1 . Disseminate information to the general public regarding the program and
application procedure of this project.
2 . Develop and direct application procedures for prospective applicants .
3 . Accept and process applications from prospective applicants .
4 . Verify eligibility of prospective applicants as to income per requirements
of FHFC within keeping of the Privacy Act.
5 . Verify eligibility of prospective applicants as to ownership of the property
involved in the Project, per requirements of FHFC and within keeping of
the Privacy Act.
6 . Establish and maintain files on the general rehabilitation aspects of the
Project for use by the Local Government and interested citizens .
7 . Compile and correlate progress reports for the Local Government and
notify the Local Government of the availability of the same .
8 . Compile and correlate progress reports on this Project per any FHFC
requests .
(B) Post-Application Phase
1 . Inspect the prospective housing units in this Project prior to
commencement of the rehabilitation work.
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2 . Organize appropriate write-up reports on the prospective rehabilitation
housing units in the Project.
3 . Develop and implement an inspection procedure on the housing units
during the rehabilitation stage of the Project.
4 . Organize and maintain appropriate records regarding inspections during
the rehabilitation stage of this Project.
5 . Inspect each unit and verify contractor' s billing on each unit at the draw
and completion of the rehabilitation project.
6 . Establish and maintain required bookkeeping records relating to all
aspects of contractor ' s billing .
(C) Additional Services
1 . Advise the Local Government as to the progress of the Project and
indicate any areas of concern and assist the Local Government in
developing solutions to any such problems .
2 . Represent the Local Government before any necessary boards or review
meetings .
3 . Prepare requested or required reports for FHFC .
4 . Work with the County to develop and maintain proper and acceptable
bookkeeping methods and necessary records according to the standards of
FHFC .
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ARTICLE 2
GENERAL ADNIINISTRATION
LOCAL GOVERNMENT ' S RESPONSIBILITY
The Local Government' s responsibility in regard to this subsection General
Administration shall be :
1 . To instruct the personnel of the Local Government to cooperate and assist
the Administrator in the provision of the necessary financial data or other
data or information in its possession needed in order to comply with the
Project Agreement.
2 . To provide assistance in implementation of the contractual services
necessary for the Project.
3 . To provide an acceptable space for the Administrator to utilize on a
regular basis in order to carry out the administration of the Project.
4 . Establish and maintain rapport with individual citizens and community
groups regarding the Project.
5 . Notify the Administrator of all Local Government committee meetings
and Board meetings at which the Project can be discussed.
6 . It is expressly understood and agreed to between the parties to this
Agreement that the Local Government shall not be primarily responsible
for administering the Project Contract. The Administrator shall be
responsible for preparing or filing with the applicable governmental
agency on behalf of the Local Government any reports and audits which
are required, preparing any bid proposals, preparing any contracts which
must be entered into , monitoring and keeping a record of all payments due
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under any contract and the associated compliance with the various laws,
rules and regulations which affect the project, preparing and submitting
any permit applications , and any other thing necessary to properly
administer the Project Contract. The Local Government will provide
information which it has in its possession as needed to the Administrator.
7 . To assist the Administrator in placing at its disposal all available
information pertinent to the sites of the Project including previous reports
and any other data relative to design and construction of the Project.
8 . Review, once prepared and executed by the contractors or vendors, all
contracts for goods and services necessary for the administration of the
Project.
9 . Designate a member of the Local Government who will act as a contact
person with the Administer to facilitate and transmit information, and
receive information. The Local Government agrees to submit said
person' s name to the Administrator within ten days of the execution of this
Agreement.
10 . Give prompt notice to the Administrator whenever the Local Government
observes or otherwise becomes aware of any defects or problems with the
Project.
11 . Inform the Administrator of all meetings involving any applicable
government agency or regarding any personal service contracts with
architects and/or engineers regarding this Project.
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A. DEMOLITION SERVICES
LOCAL GOVERNMENT ' S RESPONSIBILITY
The Local Government' s responsibility in regard to the subsection
DEMOLITION SERVICES shall be :
1 . To 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
Government to the Administrator(s) which will help complete the
demolition aspect of the Project and allow for summary and closure of
demolition files .
B. RELOCATION SERVICES
LOCAL GOVERNMENT ' S RESPONSIBILITY
The Local Government' s responsibility in regard to the subsection
RELOCATION SERVICES shall be :
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1 . Provide any additional information as deemed necessary by the Local
Government to the Administrator(s) which will help complete the
relocation project and allow for the completeness of relocation files .
2 . 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 as may be necessary.
3 , Give prompt notice to the Admimstrator(s) whenever the Local
Government observes , becomes aware of any defects or problems with the
Project.
C. REHABILITATION SERVICES
LOCAL GOVERNMENT ' S RESPONSIBILITY
The Local Government ' s responsibility in regard to the subsection
REHABILITATION SERVICES shall be :
1 . To assist the Administrator(s) by placing at its disposal all available
information pertinent to the sites of the Project including previous reports
and any other data relative to design and construction of the Project.
2 . Attempt to make provisions for Administrator(s) to enter on public and
private lands as required for it to perform its services under this Project.
3 . To 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 as may be necessary.
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4 . To give prompt notice to Administrator(s) whenever the Local
Government observes or otherwise becomes aware of any defects or
problems with the Project .
ARTICLE 3
PERIOD OF PERFORMANCE
The period of performance under this Project shall begin upon the signing of this
Agreement and shall be completed upon the final completion of Florida Housing
Finance Corporation Program Project as approved by FHFC .
ARTICLE 4
COMPENSATION
The Local Government agrees to pay the Administrator as compensation under
this Agreement the total sum of sixty two Thousand Five Hundred Dollars
($ 62 , 500 . 00) . Forty Two Thousand Five Hundred Dollars ($42 , 500 . 00) for
Administrative Services and Twenty Thousand Dollars ($20 ,000 . 00) for
Administrative Soft Costs as detailed in Exhibit "A" . Payments will be made as
follows : Payment will be made in twenty-four equal monthly installments of Two
Thousand Six Hundred Twenty Four and 16/ 100 ($2 ,624 . 16) . Payments will
commence within 30 days after the execution of all parties . If the Project Contract
obligations are met and the Project closes out prior to the twenty-four month ending
date, the Administrator will be paid the sum remaining in the Agreement upon
submission of the close out and the final approval of the close
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out by FHFC . Any travel requested by the Local Government specified in writing as
being reimbursable shall be paid in accord with Section 112 . 061 , Florida Statutes .
All requests for payment shall be submitted by the Administrator in detail sufficient
for a proper pre-audit and post audit review. Travel time and mileage from the
Administrator' s place of business to the Project Site or to the Local Government
Administration building shall not be reimbursable .
ARTICLE 5
CITIZENS 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 the Administrator shall be responsible for
preparing and placing adequate advertising of the Project. It is understood that funds
for such advertising shall be paid from the Project grant funds . The Administrator
shall be responsible for scheduling and coordinating meetings of the Local
Government Citizens Advisory Task Force (CATF) . It shall be the responsibility of
the Local Government to furnish a location for such meetings .
ARTICLE 6
LOCAL GOVERNMENT CONTACT PERSON
The contact person who will represent the Local Government in all matters
pertaining to the Project shall be Sasan Rohani, AICP , Chief Long Range Planning, or
his Designee .
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ARTICLE 7
EXCLUSIVE REPRESENTATION
It is understood between the parties that a representative of Fred Fox Enterprises,
Incorporated, will represent this Project before any and all FHFC meetings or
hearings . A representative of the Local Government may attend upon being so
notified of the meeting.
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 the
Local Governments and to area governmental bodies and may be so engaged in a
similar project at this time or in the future and the parties agree that these Projects by
the Administrator do not constitute a conflict of interest with the Project.
ARTICLE 9
SOCIAL SECURITY AND FEDERAL
WITHHOLDING OF INCOME TAX
The Local Government is not liable for Social Security contributions pursuant to
Section 42 U. S . C . 481 or federal withholding of income tax, with regard to the
compensation of the Administrator during the period of this Agreement.
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ARTICLE 10
CONTRACT AMENDMENT
The terms and conditions of this Agreement may be changed at any time by
mutual agreement of the parties hereto, must be in writing to be effective , and all such
changes shall be incorporated as written amendments to the Agreement.
ARTICLE 11
TERMINATION
1 . This Agreement may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other to fulfill its obligations
under this Agreement provided that no termination may be effected unless
the other party is given at least ten ( 10) calendar days written notice
delivered by hand or by certified mail, return receipt requested, of intent to
terminate and an opportunity for consultation with the terminating party
during said ten day period prior to termination.
2 . This Agreement may be terminated in whole or in part in writing by the
Local Government for its convenience and without cause, provided that
the Administrator is afforded the same notice and consultation opportunity
specified in subsection 1 above .
3 . If termination for default is effected by the Local Government, then the
Administrator shall be paid for services rendered to the point of
termination. No amount shall be allowed for anticipated profit on
unperformed services or other work. The Local Government shall be
entitled to set off from any payment due to the Administrator at the time of
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termination any additional costs to the Local Government arising from the
Administrator ' s default.
4 . If termination for convenience without cause is effected by the Local
Government, then the Administrator shall be paid for services rendered
and expenses incurred prior to receipt of the notice of intent to terminate,
in addition to termination settlement costs reasonably incurred by the
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 .
5 . Upon receipt of a notice of termination, the Administrator shall promptly
discontinue all affected work (unless the notice directs otherwise) we
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
Agreement, whether completed or in progress .
6 . Upon termination, the Local Government may take over the work and
award another parry a contract to complete the work described in this
Agreement and Project Agreement.
ARTICLE 12
REMEDIES
Unless otherwise provided in this Agreement, all claims , counterclaims, disputes
and other matters in question between the Local Government and the Administrator,
arising out of or relating to this Agreement, or the breach of it, will be governed by
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the laws of the State of Florida and such claims, counterclaims, disputes and other
matters shall be brought in Indian River County, Florida. Arbitration may be utilized
if the parties mutually agree . In the event suit to enforce this Agreement must be
brought or arbitration initiated, the prevailing party therein shall be entitled to an
award of attorney' s fees and costs, including attorneys fees incurred in seeking a
judgment confirming any arbitration order.
ARTICLE 13
ACCESS TO RECORDS
All documents in any way pertaining or relating to the administration of the
Project on behalf of the County shall be public records as defined by Florida law in
the hands of the Administrator and as a result shall be open to inspection by the
public upon request.
ARTICLE 14
RETENTION OF RECORDS
The Administrator shall retain all records relating to this Agreement for five (5)
years after the Local Government makes a final payment and all other pending
matters are closed.
ARTICLE 15
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 Agreement because of race, color, age, sex,
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religion, national origin, place of birth, ancestry, handicap or familial status . During
the performance of the function 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 . 88 -352, as amended, and rules and regulations
published pursuant thereto, all of which are made a part hereof as if fully
incorporated herein.
2 . The Administrator will comply with the provision of Presidential
Executive Order Number 11246 of September 24 , 1965 , as amended, 3
CFR, Chapter 4 , which is made a part hereof as if fully incorporated
herein, and Section 204 of said Presidential Executive Order which must
be set forth verbatim, as follows :
"During the performance of this Agreement, the Administrator agrees as follows :
1 . The Administrator will not discriminate against any employee or a
applicant for employment because of race, color, age, sex, religion,
national origin, place of birth, ancestry, handicap, or familial status . Such
action shall include, but not be limited to the following : employment,
upgrading, demotion, transfer, recruitment, termination, rates of pay or
other forms of compensation, and selection for training, including
apprenticeship . The Administrator agrees to post in conspicuous places,
available to employees and applicants for employment, notice to be
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provided by the contracting officer setting forth the provisions of the non-
discrimination clause .
2 . The Administrator will, in all solicitations or advertisements for
employees placed by or on behalf of the Administrator, 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 .
3 . 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 Administrator ' s commitments under Section 204 of Executive Order
Number 11246 of September 24 , 1965 , and shall post copies of the notice
in conspicuous places available to employees and applicants for
employment.
4 . The Administrator will comply with all provisions of Executive Order
Number 11246 of September 24, 1965 , and by the rules , regulations, and
orders of the Secretary of Labor .
5 . The Administrator will furnish all information and reports required by
Executive Order Number 11246 of September 24, 1965 , and by the rules,
regulations, and order of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records , and accounts by the contracting
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agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders .
6 . In the event of the Administrator ' s noncompliance with the non-
discrimination clauses of this Agreement or with such rules, regulations,
or orders, this Agreement may be cancelled, terminated, or suspended in
whole or in part and the Administrator may be declared ineligible for
further government contracts in accordance with procedures authorized in
Executive Order Number 11246 of September 24 , 1965 , and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order Number 11246 , or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
7 . The Administrator will include the provisions of subparagraphs ( 1 )
through (7) in every subcontract or purchase order unless exempted by
rules , regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order Number 11246 of September 24 , 1965 , so
that such provisions will be binding upon subcontractors or vendors . The
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 of 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 .
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8 . The Administrator shall not discriminate in solicitations or advertisements
for employees placed by and on behalf of the Administrator 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 .
ARTICLE 16
ADMINISTRATOR' S NOTICE
REGARDING LEGAL FEES, ADVERTISING AND AUDITS
It is understood between the Local Government and the Administrator that the
Administrator will not be responsible for Project legal fees, advertising or audit costs
associated with the Project.
ARTICLE 17
SOURCE OF FUNDING
The sole source of payment for this Agreement is the funding received through
the Florida Housing Finance Corporation HOME Again program. The obligations of
both parties to this Agreement are contingent upon the funding of the Project Agreement
by annual appropriation of the Legislature .
ARTICLE 18
ENVIRONMENTAL COMPLIANCE
If the compensation to be paid under this Agreement exceeds $ 100 , 000 . 00 , the
Administrator shall comply with all applicable standards, orders, or requirements issued
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under Section 306 of Clean Air Act (42 USC 1857 (h)), Section 508 of the Clean Water
Act (33 USC 1368 ) , Executive Order 11738 , and the U. S . Environmental Protection
Agency regulations (40 CFR Part 15) . The Administrator shall include this clause in any
subcontracts which exceeds $ 100 , 000 . 00 .
ARTICLE 19
ENERGY EFFICIENCY
The Administrator shall comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan in
compliance with the Energy Policy and Conservation Act (Public Law 94- 163 ) .
ARTICLE 20
ADMINISTRATOR' S NOTICE
REGARDING ENGINEER OR ARCHITECT
It is understood between the Local Government and the Administrator(s) that the
Administrator(s) will not be responsible for any Federal, State, or Local requirements that
must be completed and supervised by an engineer and/or architect.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this
1 st day of February 520050
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
AT . � . , , + t , j BY:
r
F; t Jul
/ Ip Thomas S . Lowther
O F , , , , �� j f ok
Chairman, Board of County Commission
A ,
°' BCC Approved : February 1 , 2005
ATTEST : BY :
1 V � _ �j
( r4�e
Kaye T cker, Fred Fox Enterprises, Inc . Fred D . Fox, P sident,
Fred Fox Enterprises, Inc .
APPROnD AS TO FORM
ANo LEGALs F� IVEN/ QcY ,
Sr
WIWAM o. COLUNS N
. CouNTYATTORNEY
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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 Indian River County.
2 . This sworn statement is submitted by Fred Fox Enterprises, Inc . whose business address is
330 St. Johns Avenue, Palatka, Florida 32177, 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 . 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 plea of guilty or nolo
contendere.
6 . I 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 .
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,
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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 swom 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 . )
Fred D . Fox ( Signature)
Date :
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 this
,day of a , 2005 .
L 1
NOTARY PUBLIC
My Commission Expires : +�`µr CATHERINE E. TUCKER
'A MY COMMISSION # DD 155978
��OF �SPQ EXPIRES: October 8, 2008
' -OM3NOTARY FL Notary Service 8 Balding, inc.
fi
EXHIBIT "A "
Administrative Services for the HOME Again program include :
A. Prepare the Environmental Review;
B . Attendance at State Monitorings/Audits and completion of required monthly
Reports ;
C . Keep an independent set of books on the project;
D . Prepare Request for Funds for the project;
E . Develop and coordinate the client selection process ;
F . Verify all household members ' incomes ;
G. Order and review title searches on all properties ;
H. Verify that no conflicts on interest exist between potential clients and County
Commissioners or County staff involved in the project (If any conflicts exist,
obtain waiver of these conflicts)
I . Coordinate the ranking of all clients ;
J. Order surveys on all residences being replaced;
K. Bid out demolition of all residences being replaced;
L . Coordinate the relocation of the clients during construction
M . Coordinate both the signing of the demolition and new construction contracts
with the appropriate contractors ;
N. Review and approve draw requests and insuring coordination with the
County building department is ongoing;
O . Work with the clients to insure an orderly relocation back into the new
residence ;
P . Insure all Release of Liens are obtained from the contractors prior to making
Final payment.
Soft Costs for the HOME Again program include :
A . Meetings with individual applicants to complete the Intake Applications,
B . Gather title and income information for processing.
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y
C . Preparation of Work Write Up for each home to be addressed.
D . Coordinate lead based paint testing on all structures constructed prior to
1978 ;
E. Inspection of all homes to determine deficiencies and code violations ;
F . Analyze bids and recommend award;
G. Walk thru inspections with the contractors of all construction before
recommending payment of the draw request to the contractors by the County;
H. Inspect the demolition of all structures and recommend payment to the
contractor where appropriate ;
I . Oversee the construction of the new residences
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