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1995-51 . , 8 . GENERAL ADMINISTRATION CONTRACT This General Administration Contract entered into as of this I~OC day of ~) . 1996~ by and between Fred Fox Enterprises, Incorporated, hereinafter referred to as the Administrator(s), and the Citvof Clermont hereinafter referred to as the Local Government. WITNESSETH THIS RECITAL: WHEREAS, the Local Government has been awarded a Community Development Block Grant, (#96DB-IE-O6-45-02-HIO) hereinafter referred to as the "Project", and the Local Government being desirous of implementing such a Project; and, WHEREAS, the Administrator(s) is/are now available, willing, and qualified to perform professional services in connection with the Project, to-wit; To serve the Local Government in the capacity of General Administrator(s) of the Project to which this contract applies, and to give .consultation, advice, and direction for such Project, and WHEREAS, the Local Government is desirous that the Administrator(s) perform such services regarding the Project does now engage Administrator(s) to perform such services noted above on the DCA CDBG Housing Program to Administrator(s) agree to perform such services to-wit; To provide technical assistance in various program areas, and To serve the Local Government as its professional representative and coordinator in various phases of the Project to which this General Administration Contract applies, and To develop and draft a Relocation Policy for the Project, if required, and To implement an acceptable rehabilitation program, and To disseminate information to the general public regarding the Project, and To provide adequate administrative plans regarding PAGE 1 8 8 ~ GENERAL ADMINISTRATION CONTRACT (CONTINUED) clearance and demolition of properties involved, and To coordinate, monitor, and evaluate the Project, and To establish and maintain bookkeeping and financial management aspects of the Project. NOW THEREFORE, the parties hereto agree as follows: ARTICLE 1 A. GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRATOR(S) The Administrator(s) shall provide the following services for the general administration aspects of this project; 1. Coordinate, monitor, and evaluate the direct costs of the overall program, including, but not limited to the multiple activities outlined in the subsections of the contract below. 2. 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 hearings. 3. Extension of all programs involving citizen's participation to all community organizations, including, but not limited to providing program information, technical assistance to community groups, and dissemination of materials. 4. Establish and maintain general and related files. 5. Establish procedures relating to the procurement and implementation of contractural services all pursuant to Department of Housing and Urban Development (HUD) and Department of Community Affairs (DCA) requirements and regulations. 6. Review and determine if professional services contracts are consistent with all OMB Circular A-IO2 ordinances. 7. Provide technical assistance to the Local Government PAGE 2 10. 11. 12. 13. 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) in procuring professional service contracts. 8. Establish and maintain adequate bookkeeping systems. 9. Monitor the various subsections of the Project in regard to all HUD and DCA regulations and prepare all necessary and all requested responses to inquiries from Local, State, and Federal governmental units. Evaluate the various subsections of the Project according to HUD and DCA regulations and prepare all final reports to the Departments. Establish adequate advertising regarding all aspects of the Project to ensure active citizen participation, including, but not limited to the environmental aspects of the project. Provide both client application intake and rehab estimation. This contract is to complete the work as outlined and is not renewable. !h DEMOLITION SERVICES SCOPE OF THE SERVICES OF THE ADMINISTRATOR(S) The Administrator(s) shall provide the following services for the demolition subsection of this Project: Implement the Project according to the 1. specifications on the application form. 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. 7. Compile and develop progress reports and monitoring PAGE 3 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) reports per HUD and DCA regulations and maintain central files on same. 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 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. ~ 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 relocatee, 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 relocatee family unit. 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 PAGE 4 10. services: 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) certify to the Local Government that each replacement housing unit has been evaluated according to the Federal Minimum Property Standard Requirements and 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 8. housing payments. Establish and maintain Project files. 9. Be present at all HUD or DCA monitorings concerning the relocation program and prepare the Local Government's response to the HUD or DCA monitoring letters. Represent the Local Government before any Local, state, or Federal board or meeting regarding the relocation aspects of the Project. REHABILITATION SERVICES !h. SCOPE OF SERVICES OF THE ADMINISTRATOR(S) The Administrator(s) shall provide the following program per the application forms. (A) Implement an acceptable rehabilitation 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 HUD and DCA and within keeping of the Privacy Act. PAGE 5 (B) (C) 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) 5. Verify eligibility of prospective applicants as to ownership of the property involved in the Project, per requirements of HUD or DCA 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 same. 8. Compile and correlate progress reports on this Project per any HUD or DCA requests. Post-Application Phase 1. Inspect the prospective housing units in this Project prior to commencement of the rehabilitation work. 2. Organize appropriate work 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 the project. 5. Inspect each unit and verify contractor's billing on each unit at the draw stage and completion of the rehabilitation project. 6. Establish and maintain required bookkeeping records relating to all aspects of contractor's billing. 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 PAGE 6 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) boards or review meetings. 3. Prepare requested or required monitoring reports for HUD and/or DCA. 4. Develop and maintain proper and acceptable bookkeeping methods and necessary records according to the standards of HUD and/or DCA. ARTICLE 1 GENERAL ADMINISTRATION ~ LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to the subsection GENERAL ADMINISTRATION shall be: 1. To instruct the personnel of the Local Government to cooperate and assist the Administrator(s) in the execution of the necessary financial data and procedures in order to comply with all HUD and/or DCA requirements. 2. To provide assistance in implementation of contractural services necessary to the Project per the requirements of any and all HUD or DCA requirements. 3. To provide an acceptable space for the administrator and his staff to utilize, on a regular basis, to carry out the project. 4. Establish and maintain rapport with individual citizens and community groups regarding the project. 5. Assist the Administrator(s) in negotiations necessary for all subsections of the Project. 6. Review and implement all contracts necessary to insure efficient progress of the Project. !h LOCAL GOVERNMENT'S RESPONSIBILITY DEMOLITION SERVICES The Local Government's responsibility in regard to the subsection DEMOLITION SERVICES shall be: 1. To provide assistance in implementation of contractural services necessary to the Project per the requirements of any and all Local, State, and PAGE 7 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) 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 insure 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. ~ RELOCATION SERVICES LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to the subsection RELOCATION SERVICES shall be: 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 Administrator(s) whenever the Local Government observes becomes aware of any defects or problems with the Project. 1h. REHABILITATION SERVICES LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to the subsection REHABILITATION SERVICES shall be: PAGE 8 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) 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. 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 J. PERIOD OF PERFORMANCE The period of performance under this Project shall begin upon the signing of this contract and shall be completed upon final completion of Florida Community Development Block Grant Small Cities Program Projects as approved by the Florida Department of Community Affairs. ARTICLE .4. COMPENSATION The Local Government agrees to pay the Administrator(s) and their associates in the following manner: Compensation for the Administrator(s) shall be the total sum of Eighty One Thousand Dollars and No/100 ($81,000.00). Payments will be made in 24 monthly installments of Three Thousand Three Hundred Seventy Five Dollars and no cents ($3,375.50). If the grant contract obligations are met and the grant closes out prior to the twenty four month ending date the administrator can be paid the sum remaining in the contract upon submission of the close out. Any travel requested by the Local Government specified in writing as PAGE 9 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) being reimbursable shall be paid at current State rates. All requests for payment shall be submitted by the Administrator(s) in detail sufficient for a proper pre-audit and post-audit review. ARTICLE ~ CITIZENS PARTICIPATION It is understood between the parties that both the Local Government and the Administrator(s) shall encourage continuous participation in the Project by the citizens of the area. It is further understood that both the Local Government and the Administrator(s) shall be responsible for adequate advertising of the Project. It is understood that funds for such advertising shall be paid from grant funds. The Administrator(s) shall be responsible for scheduling and coordinating meetings of the Local Government citizens Advisory Task Force (C.A.T.F.). It shall be the responsibility of the Local Government to furnish a location for such meetings. ARTICLE .§. LOCAL GOVERNMENT CONTACT PERSON The contact person who will represent the Local Government in all matters pertaining to the Project shall be Wayne Saunders, City Manaqer or his designee. ARTICLE 1 EXCLUSIVE REPRESENTATION It is understood between the parties that a representative of the Local Government and a representative of the Administrator(s) will represent this Project before any and all DCA or HUD meetings. ARTICLE !! CONFLICT OF INTEREST The Local Government having being so advised by the Administrator(s) does hereby recognize that the Administrator(s) have provided similar area services in the past to Local Governments and to area governmental bodies and may be so engaged in a similar Project at this time or in the PAGE 10 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) future and the parties agree that these Projects by the Administrator(s) do not constitute a conflict of interest with the Project. ARTICLE ~ SOCIAL SECURITY The Grantee is not liable for Social Security contributions pursuant to Section 481,42 U.s. Code, relative to the compensation of the Administrator(s) during the period of this contract. ARTICLE 1Q CONTRACT AMENDMENT The terms and conditions of this contract may be changed at any time by mutual agreement of the parties hereto. All such changes shall be incorporated as written amendments to this contract. ARTICLE 11 TERMINATION 1. Termination (cause and/or Convenience) (a) This contract 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 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 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 contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l(a) above. (c) If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be PAGE 11 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) allowed for anticipated profit on unpreformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default., If termination for convenience is effected by the local government, 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 the 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 the contractor relating 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, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or other wise make available to the local government all data, drawings, reports, specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. (e) Upon termination, the local government may take over the work and award another party a contract to complete the work described in this contract. (f) If, after termination for failure of the contractor to fulfill contractural obligations, it is determined that the contractor had not failed to fulfill contractural obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be PAGE 12 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) made as provided in paragraph (c) above. ARTICLE 11 REMEDIES Unless otherwise provided in this contract, all claims, counter claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by the appropriate court in Lake County, Florida. ARTICLE II ACCESS TO RECORDS The local government, the Florida Department of Community Affairs, the U.s. Department of Housing and Urban Development, the Comptroller General of the united States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Administrator which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE II RETENTION OF RECORDS The Administrator shall retain all records relating to this contract for three years after the local government makes final payment and all other pending matters are closed. ARTICLE li ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the Administrator 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). The Administrator shall include this clause in any subcontracts over $100,000. ARTICLE li ENERGY EFFICIENCY The Administrator shall comply with mandatory standards PAGE 13 '. 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) and polices 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 11 EQUAL OPPORTUNITY The Administrator(s) warrant that there shall be no discrimination against employees, applicants for employment, those to whom services are rendered, and applicants for such services under this contract because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. During the performance of the function described herein, the Administrator(s) agree 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(s) 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 i~ fully incorporated herein; 2. The Administrator(s) will comply with the provisions of Presidential Executive Order Number 11246 of September 24, 1965, as amended, Title 3, Code of Federal Regulations, Chapter 4, which is made a part hereof as if fully incorporated herein, the provisions of Section 204 of which executive order must be set forth verbatim, to wit: During the performance of this contract, the Administrator(s) agree as follows: 1. The Administrator(s) will not discriminate against any employee or applicant for employment because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. Such action shall PAGE 14 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) include, but not limited to the following: employment, upgrading, demotion, transfer, recruitment, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Administrator(s) agree to post in conspicuous place, available to employees and applicants for employment, notice to be provided by the contracting officer setting for the provisions of the non-discrimination clause. 2. The Administrator(s) will, in all solicitation or advertisement for employees placed by or on behalf of the Administrator(s), 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(s) 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(s) will comply with all provisions of Executive Order Number 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Administrator(s) will furnish all information and reports required by Executive Order Number 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his PAGE 15 . . " 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Administrator(s) non-compliance with the non-discrimination clauses of this contract or with such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the 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, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Administrator(s) will include the provisions of paragraphs one (1) through seven (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the secretary of Labor issued to section 204 of Executive Order Number 11246 of September 24, 1965, so that such provisions will be binding upon subcontractors or vendors. The Administrator(s) will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance; provided however, that in the event the Administrator(s) become involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Administrator(s) may request the united States to enter into such litigation to protect the interest of the United States. PAGE 16 . . 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) 8. The Administrator(s) shall not discriminate in i 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 1!! HUD/DCA AUDITS If HUD or DCA finds that any sums received by the Administrator(s) are unreasonable, then those sums shall be refunded by the Administrator(s) to grantee as required by 24 C.F.R., section 570.200. Administrator(s) agree to reimburse to the Local Government any funds expended for transactions approved by the Administrator(s) which are disallowed by the Florida Community Development Agency (F.C.D.A.), due to the malfeasance, misfeasance, or nonfeasance. All records will be made available to the Local Government auditors at their request as per-audit and post-audit requirements. ARTICLE li ADMINISTRATOR'S NOTICE REGARDING LEGAL FEES AND AUDITS It is understood between the Local Government's and the Administrator(s) that the Administrator(s) will not be responsible for legal or audit costs associated with this project. ARTICLE 20 SOURCE OF FUNDING The sole source of payment for this contract is the funding received through the CDBG program and/or portion of any other funding grants leveraged from it. PAGE 17 . . . " þ 8 8 GENERAL ADMINISTRATION CONTRACT (CONTINUED) IN WITNESS WHEREOF, the parties have hereunto set their hands and seals: LOCAL GOVERNMENT: /Z/1~~, Robert poo4, Mayor '-, City of Clermont ADMINISTRATOR: 3~ t) ~ Fred D. Fox Administrator ATTESTED BY: Saunders, City Manager of Clermont ATTESTED BY: K~~~ Bookkeeper, FFE, Inc. PAGE 18