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HomeMy WebLinkAbout2003 Grant Administration Services AgreementAGREEMENT FOP. CDBG AD1VKNISTRATION SERVICES SEBASTIAN, FLOPd~DA This Contract is entered into this [04;~ day of OUa-,~, 2003, between the City of Sebastian, Florida, hereina~er referred to as the "Client" and Jordan & Associates, 4611 U. S. Highway 17, Suite 3, Orange Park, Florida. The Contract shall become effective immediately, with Grant Administration Services subject to the beginning date of the CDBG Gram Agreement between the local government and the Florida Department of Community Affairs, hereinafter referred to as "DCA". WITNESSETH WNF~REAS, the Client has been awarded a Community Development Block Grant, herelnafr, er referred to as the "Project" and the Client being desirous of implementing such a Project; and WHEREAS, the Client has determined that Jordan & Associates is fully qualhqed to perform Grant Administrative Services for the Client's Community Development Block Grant (CDBG) Project. NOW THEREFORE, the Client and Jordan & Associates in consideration ofmtual covenants and promises herein contained and fully intending to be legally bound hereby do, mutually agree as follows: ARTICLE I SCOPE OF SERVICES Jordan & Associates shall provide the following services for the Grant Administration and Jordan & Associates agrees, under the terms and conditions of this Commet and the applicable federal, state and local laws and regulations, to undertake, perform and complete the necessary Grant Administration Services required to implement and complete the Client's CDBG project in compliance with applicable laws and regulations. A. Scope of Services (Jordan & Associates and Client): The scope of service relevant to the CDBG Project No. 03DB-1A-10-40-02-N34 is included as Attachment "B" to this agreement. ARTICLE H COMPENSATION AND PAYMENT A. Compensation: For the services provided as identified in Attachment "B" the Client agrees to pay the administrator as follows: 1. Administrative Services: The Client will pay Jordan & Associates the sum of $ 49,000.00 . Not more than $4,500 shall be paid by the Client for Jordan & Associates' services performed prior to the release of funds. Th/s payment is for the Environmental Review process. The Client will pay the cost of advertisement. After the Client's release of funds, the remaining compensation will be paid in 20 equal monthly payments orS 2,225.00 or multiple months as invoiced. 2. Early Comolefion: lithe project is satisfactorily completed before the 24- month grant period expires, the balance of the administration fee will be paid to Jordan & Associates by the tenth calendar of the month after submission of the preliminary closeotrt report to DCA or within 10 days of receipt of funds fi.om DCA. Miscellaneous Costs: It is agreed by Jordan & Associates and the Client that legal, audit and advertising expenses will be the Client's responsibility. B. Invoices: Jordan & Associates will submit a monthly invoice or combined multiple months invoice for Administration Services. The invoice shall be submitted to the Client for the Client's review and approval. Payment will be issued within ten days of the receipt of project funds from DCA. ARTICLE m 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 contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. It is expressly understood that upon receipt of substantial evidence of Jordan & Associates' refusal to comply w/th this provision, the Client will have the fight to terminate this contract for breach. ARTICLE IV TERM OF CONTRACT The term of contract under this Project shall begin upon the execution of the grant agreement between the Client and DCA and shall be completed upon final completion of Florida Community Development Block Grant Small Cities Program Projects as approved by the Florida Department of Community Affairs. ARTICLE V TERMINATION A. This contract may be terminated ia whole or ia part ia writing by either party ia the event of substantial failure by the other to fulfill its obligations under this contract through no fault of the tenniaating party, provided that no termination may be effected unless the other party is g/yen (1) not less than thirty (30) calendar days written notice (delivered by certified mall,"return receipt,requested) ofiatent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated ia whole or ia part ia writing by either party for its convenience, provided that the other party is afforded the same notice and consultation oppommity specified ia Pa'tide V 3- above. C. If termination for default is effected by the Client, aa equitable adjustment ia the price for this contract shall be made but (1) no mount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time oftermiaation may be adjusted to cover any additional costs to the Client because of the contractor's default. D. Iftermiaation for convenience is effected by the Client, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included ia an invoice as described ia Article 121 3_3. Iftermiaation for convenience is effected by Jordan & Associates, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included ia an invoice as described in Article II A. 3. For any termination, the equitable adjustment shall provide for payment to any contractor 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 Jordan & Associates relating to commitments (e.g. suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. E. Upon receipt of a termination action under paragraphs .& or B. above, Jordan & Associates shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the Client all data, reports, summaries and other such information, as may have been accumulated by Jordan & Associates in performing this contract, whether completed or in process. F. Upon teamination, the Client may take over the work and may award another party a contract to complete the work described in this contract. G. If,, at~er termination for failure of either party to fiflfill contractual obligations, it is determined that the other party had not failed to fi~lfill contractual obligations, the termination shah be deemed to have been for the convenience for the initiating party. In such event, adjustment of the contract price shall be made as provided in the respective paragraphs C. and D. above. ARTICLE VI 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 with associated costs shall be incorporated as written amendments to this contract and attached hereto. ARTICLE VII PROHIBITION AGAINST CONTINGENT FEES Jordan & Associates warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Jordan & Associates to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporations, individual, or firm, other than a bona fide employee working solely for Jordan & Associates any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this agreement. ARTICLE VIII CONTACT PERSONS A. The Client's contact person for this contract is: Mr. Terrence Moore, City Manager B. The representative of Jordan & Associates responsible for the administration of this contract is Ms. Betty Jordan, President. C. In the event that different representatives are designated by either party a_ecer 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 Ol'~nal of this con~ract. ARTICI,F, IX REMEDIES Unless otherwise provided ha this contract, all ciaims, counter-claims, disputes and other matters/n question between the client and Jordan & Associates, arising out of or relating to this contract, or the breach of k, will be decided by arbitrat~%n//'the parties mutually agree or in a Florida court of competent jurisflintion. The parties expressly waive all fights to trial by jury. ARTICLE X RETENTION OF RECORDS Jordan & Associates shall retain all records rehting to this contract for three years after the Client makes final payment and all other pending matters are closed. ARTICLE XI ENVIRONMENTAL COMi~LIANCE If this contract exceeds $100,000 Jordan & Associates shall comply with all applicable standards, orders, or requirements issued under Section 306 of 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). Jordan & Associates shall include this clause in any subcontracts over $100,000. ARTICLE XII ENERGY EFFICIENCY Jordan & Associates shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). ARTICLE Xlll COVENANT FOR SERVICES The Client does hereby contract with Jordan & Associates to perform the services described herein and Jordan & Associates does hereby agree to perform such services under the terms and conditions set forth in this contract. ARTICLE XIV ATTORNEY'S FEES Should it become necessary for either party to enforce its rights under this agreement, the prevailing party shall be entitled to recover attorney's fees and costs associated herewith. ARTICLE XV FEDERAL STATUTORY REQUIREMENTS When applicable, Jordan & Associates and the Client shall comply with the provisions contained in Attachment "A" and incorporated herein. ARTICLE XVI LIMITATION OF LIABILITY A. Compensation: Neither Jordan & Associates, Jordan & Associates' consultants, nor their agents or employees shall be jointly, severally or individually liable to the Client in excess of the compensation to be paid pursuant to this agreement by reason of any act or omission, including breach of contract or negligence not mounting to a willful or intentional wrong. ARTICLE XVII TERMS AND CONDITIONS This contract contains all the terms and conditions agreed upon by the parties. ARTICLE XVHI EXECUTION IN WITNESS WHEREOF, the parties hereto have caused these presents to he executed duly qualified representatives this ~'~ day of Sally A..~.io, CMC 2003. ~ce R~lVl~r~ City Manager Approved as to Form and Legality for Reliance by the City of Sehastian only: erich Stringer, Ci~A~tomey JORDAN & ASSOCIATES, INC. Betty J. Jordan, ~si~at ~/ It is our goal to implement a trouble flee project and relieve the COmmUi~Jty o~'as much burden as possible by:. 1) Establish liaison with Depactment of Commtmity ~ on thc commtmitfs behalf. 2) Prepare Environmental Review documents including all mail outs and advertisements. 3 ) Rev/ew the local governmengs compliance with state and federal regulations/ requirements concerning procurement, employment, personnel and property management, records retention, fair housing ethics, etc. and make recommendations for modifications,/fnecessary.' Assist the community with any property acquisition as may be necessary. Request a wage decision for the project constructiom Review bid documents. Coordinate and support any engineering finn in the following:. A. Request and receive bids. B. Review and evaluate bids for ehgibility and compl/ance. Recommend for approval by local officials. C. Ass/st with contract development ifnecessary. Superv/seexectrfion. D. Attend preconstruction conference. During construction review all request for funds from the contractor t0 insure that all Davis/Bacon Act federal requirements are met; Coordinate to resolve any problems between the engineer, contractor, and community. Review any change orders and make recommendations to the commun/ty on each; and insure that all Release of Liens are properly executed and all documents are in hand properly before final payment is made. Prepare all Request for Funds - to be submitted in a manner that will insure availability of funds to the local government when needed, in compliance with re~lations. 4) s) 7) s) 9) 10) Maintain all required files. 11) Produce and submit any required program reports. 12) Be present to represent the local government during monitoring visits. Respond to the monitoring reports. 13) Meet with Citizen's Advisory Task Force (CATF) to keep them informed on the project. 14) Meet with the local government to keep them updated on the progress of the project. 15) Support the community in receiving an extension in the grant period that may be required as a result of unforeseen circumstances. 16) Perform program close-out activities, including submission of reports and follow-up.