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HomeMy WebLinkAboutRexburg Nature Park Admin. Contract PROFESSIONAL SERVICES CONTRACT - City of Rexburg – Administrative Services – Public Parks Project This Contract between City of Rexburg herein referred to as the "City,” and East-Central Idaho Planning & Development Association, Inc., whose address is 2 99 East 4th North, Rexburg, Idaho 83440, herein referred to as the "Contractor," Witnesseth: WHEREAS, the City of Rexburg has been approved by the Idaho Department of Commerce, herein referred to as "the Department," to receive grant funds under the Idaho Community Development Block Grant (ICDBG) Program for purposes of making improvements to the City of Rexburg’s Public Parks Project, and WHEREAS, the City desires to engage the Contractor to render certain services related to the administration of the above described ICDBG project; and WHEREAS, the City has complied with provisions for soliciting of contractors as cited in 2 CFR Part 200 Super Circular; and WHEREAS, to ensure effective management of the above project, it is deemed to be in the best interest s of the City to enter into an agreement with the Contractor as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR. The City agrees to engage the Contractor, and the Contractor agrees to provide the administration and management of the project for the City as approved by the Department. 2. EMPLOYEE-EMPLOYER RELATIONSHIP. The contracting parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE. The Contractor warrants that it has obtained and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder. The comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) p er claim, and five hundred thousand dollars ($500,000) aggregate. 4. EFFECTIVE DATE AND TIME OF PERFORMANCE . This Contract shall take effect upon joint acceptance of both the City and the Contractor. The services to be performed by the Contractor will be completed no later than project close-out, estimated to be December of 2021. 5. SCOPE OF SERVICES. The Contractor will perform the services defined in Attachment A, Scope of Services. The timetable for completion of key tasks is the project schedule as show n in the Contract that will be issued and agreed upon between the Department and the City. It is understood and agreed by the parties that the services of the Contractor do not include any of the following: the disbursement or accounting of funds distributed by the City’s financial officer, legal advice, fiscal audits, or assistance with activities not related to the project. 6. COMPENSATION. For the satisfactory completion of the services to be provided under this Contract, the City will pay the Contractor a sum as set forth in Attachment "A." The amount paid out for each scope of work activity is identified on Attachment “A” Scope of Work. 7. CONFLICT OF INTEREST. The Contractor warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this contract, it will employ no person who has any such interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 8. MODIFICATION AND ASSIGNABILITY OF CONTRACT . This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified, or altered except upon written agreement signed by both parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the City and the Idaho Department of Commerce. Any subcontractor or assignee will be bound by all of the terms and conditions of this contract. 9. TERMINATION OF CONTRACT. This contract may be terminated as follows: (a) Termination due to loss of funding. In the event that the Department reduces or terminates payments under the ICDBG Program so as to prevent the City from paying the Contractor with ICDBG funds, the City will give the Contractor written notice that sets forth the effective date of the termination and explains the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. (b) Termination for Convenience. The City may terminate this contract, in whole or in part, for the convenience of the City when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date, and fair and reasonable payme nt for work completed. (c) Termination for cause. (i) If the City determines that the Contractor has failed to comply with the terms and conditions of this contract, it may terminate this contract, in whole or in part, at any time before the date of completion. If the Contractor fails to comply with any of the terms and conditions of this contract, the City may give notice, in writing, to the Contractor of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the defaul t in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the City may, with no further notice, declare this contract to be terminated. The Contractor will thereafter be entitled to receive pay ment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the City by reason of the Contractor's failure to comply with this contract. (ii) Notwithstanding the above, the Contractor is not relie ved of liability to the City for damages sustained by the City by virtue of any breach of this contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the Contractor is determined. However, there will be no withholding of payments unless there has been proper notice as specified in paragraph (c)(i) (Termination for cause). 10. DOCUMENTS INCORPORATED BY REFERENCE. The City’s application to the Department for ICDBG funding and all applicable federal and state statutes and regulations are incorporated into this contract. 11. CIVIL RIGHTS ACT OF 1964 . The Contractor will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VI, no person may, 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. 12. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 . The Contractor will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefi ts of, or be subjected to discrimination under any program or activity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 13. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 . The Contractor will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG-assisted project will be extended to lower-income project area residents. Further, the Contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area in the award of contracts and purchase of services and supplies. 14. MINORITY BUSINESS ENTERPRISE . Consistent with the provisions of Executive Order 11246 and 2 CFR Part 200 Circular, the Contractor will take affirmative steps to ensure minority businesses are used when possible as sources of supplies, equipment, construction, and services. Additionally, the Contractor must document all affirmative steps taken to so licit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the City upon request. 15. NONDISCRIMINATION. The Contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 16. OWNERSHIP AND PUBLICATION OF MATERIALS . All reports, information, data, and other materials prepared by the Contractor pursuant to this contract are to be the property of the City and the Department which have the exclusive and unrestricted authority to release, publish, or otherwise use this information, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the City and the Department. 17. REPORTS AND INFORMATION. The Contractor will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the City to ensure proper accounting for all project funds, both federal and non -federal shares. These records will be made available for audit purposes to the City or its authorized representative and will be retained for three (3) years after the expiration of this contract. 18. ACCESS TO RECORDS. It is expressly understood that the Contractor's records relating to this contract will be available during normal business hours for inspection by the City, the Department, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by l aw, representatives of the State of Idaho. 19. CONSTRUCTION AND VENUE. This Contract will be constructed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, venue is the Seventh Judicial District in and for the City of Rexburg, State of Idaho. 20. INDEMNIFICATION. Except for the remedies set forth in paragraph 9 (and all its subsections) above, the parties waive any and all claims and recourse against each other, including the right of retribution for contributory loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to each other's performance of this contract except for liability arising out of concurrent or sole negligence of each other or its officers, agents, or employees. Further, the parties will indemnify, hold harmless, and assist in defending each other against any and all claims, demands, damages, costs, expenses or liability arising out of each other's performance of this contract except for liability arising out of the concurrent or sole negligence of the parties or its officers, agents, or employees. 21. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. 22. SPECIAL WARRANTY. The Contractor warrants that nothing of monetary value has been given, promised, or implied as remuneration or inducement t o enter into this contract. The Contractor further declares that no improper personal, political, or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. Any such activity by the Contractor shall make this contract null and void. 23. LIAISON. The City’s designated liaison with the Contractor is Mayor Jerry Merrill. The Contractor's designated liaison with the City is Rick Miller. It is understood and agreed upon by the parties that this contract will only remain in effect upon receipt of ICDBG funds. This contract is subject to approval by the Idaho Department of Commerce. IN WITNESS WHEREOF, the parties hereto have executed this contract. CONTRACTOR CITY OF REXBURG BY:______________________________________ BY: _________________________________ Melanee Sutton, President Jerry Merrill, Mayor East-Central Idaho Planning City of Rexburg and Development Association Date: __________________________ Date: ___________________ ATTACHMENT A Scope of Services The City shall pay East Central Idaho Planning & Development Association, Inc. (Contrac tor) for performance of the services and as detailed in the following paragraphs, a sum not to exceed $22,500, unless such sum is subsequently changed by the agreement of both parties. Payment Requests: Upon Contractor's written request, the City of Rexburg shall make progress payment to Contractor. Billings will occur based on work completed during the previous period and referenced on bills: The Contractor shall perform the activities as identified under the Grant Administration. Grant Administration: 1. Environmental Review – Conducting an environmental review that complies with 24 CFR Pa rt 58. Duties include, but are not limited to, assessing project site, tourin g the site, gathering and verifying documentation, determining clearance level, preparing an environmental review record, and collecting any technical environmental studies from the design professional. Publishing and posting public notices. Gathering and tracking comments. Collecting any technical environmental studies from design professional. Debriefing City on the review. Establishing mitigation measures. Securing IDC’s environmental concurrence. For services performed, a lump sum amount of $5,000. 2. Labor Monitoring – Ensuring construction contractors are meeting the requirements of the Davis Bacon Act, Copeland Act, CWHSSA and Fair Labor Standards Act. Duties include, but are not limited to, educating contractors about the labor requirements, providing labor documents and forms to contractors and their sub-contractors, identifying appropriate wage determination, requesting additional wage classifications, reviewing and tracking payrolls, conducting employee interviews on -site or by mail, traveling to project site, observing workers, comparing payroll information to interview, documentin g payroll reviews, identifying and investigating errors with contractor, reporting and faci litating the correction of errors or problems to Commerce, and completing required labor reports. For services performed, a lump sum amount of $6,000. 3. Project Monitoring (during construction) – Assisting City in setting up the procurement and then the selection of a design professional and/or contractors in accordance with CDBG requirements. Participating in pre-bid, pre-construction, and construction progress meetings. Reviewing bidding documents, construction progress monitoring, reporting, and const ruction close-out. Observing construction progress. Monitoring of design profe ssional procurement process. Financial management duties, which includes coordinating contractor and design professional pay applications, preparation of CDBG request for funds, submission of request to IDC, and ensuring proper disbursement of CDBG expenditures. For services performed, a lump sum amount of $6,250. 4. Fair Housing Plan – Helping to ensure the City is taking steps to affirmatively further fair housing. Duties include ensuring the City understands and adopts the fair housing resolution, proclaiming fair housing month, and displaying fair housing information. Assisting and guiding the City in completing a fair housing assessment including identifying impediments a nd actions to mitigate an impediment. For services performed, a lump sum amount of $1,000. 5. 504 Analysis and Transition Plan – Assisting the City in conducting a self-evaluation of its facilities, services, and programs. Helping to develop and implement a transition plan and the effective communication checklist. Ensuring the City has in-place a 504 coordinator, non-discrimination policy and grievance procedure. For services performed, a lump sum amount of $1,000. The total amount paid in progress payments as listed above shall not exceed ninety (90%) percent of the total compensation sum. 6. Project Close-Out (10%) – Documentation that the City has met their CDBG national objective and contractual performance requirements. Completing for review and signature ICDBG closeout documents. Ensuring all project and closeout documents are submitted and approved by IDC. Ensuring requested documents, concerns, and findings are addressed and resolved. The Department’s approval to close out. For services performed, a lump sum amount of $3,250. Penalty: The Contractor shall lose $500 or 5% of the total contract amount , whichever is greater, for each Finding of Non-Compliance or Finding of Violation attributable to the Administrator’s performance. Performance of Staff: The Contractor will be responsible for the successful performance and completion of services by assigned staff as specified in the scope of work. Contractor will certify staff work is complete and in compliance with all CDBG program requirements prior to requesting payment for services.