SERVICE CONTACT



SERVICE CONTACT

WHEREAS, the Jefferson County Housing Authority, an Alabama Authority, (herein called the “Authority”), desires to contract for H.Q.S. ANNUAL INSPECTION SERVICES.

WHEREAS, the undersigned, John Doe, an individual (herein called the “Contractor”), desires to furnish services to the Authority.

NOW THEREFORE, in consideration of the above and the mutual agreements made below, the parties hereto agree to the following:

1. Compensation: The Authority shall pay the Contractor the following fee per inspection.

• Initial - ________

• Annual - ________

• Follow-up Inspection - ______

• “No-Shows” - _______

• Mileage _________

2. Term of Agreement: The term of this agreement shall begin_____________, 2005 and end____________, 2006, with optional renewal by the Authority for___________, 2006 through ______________, 2007. The Authority and the Contractor understands that if the term of this agreement is extended into the second year term, the Authority must re-examine the prevailing wage rates set by the Department of Labor. Those rates may increase and both parties understand and agree that the contract prices may have to be re-negotiated within the context of applicable local, state and federal regulations and laws.

3. Duties of Contactor: The duties of the Contractor shall include the following :

➢ Inspects properties for compliance with Housing and Urban Development (HUD) Housing Standards (HQS);

➢ Inspects properties for compliance with applicable local building codes and zoning ordinances;

➢ Notify residents and/or landlords of inspection dates no less than 72 hours prior to inspection date;

➢ Assesses damages, determines who is responsible for correction, and establishes deadlines for completion of work.

➢ Completes inspection reports and related documents;

➢ Documents efforts to bring properties into compliance and conducts follow-up inspections to ensure that work is completed;

➢ May testify and present evidence in administrative hearings and court proceedings;

➢ Assures all inspections are scheduled, performed, and inputted in a timely manner;

➢ Identify those HQS fail items; classify them according to severity, take appropriate action, and document properly on the inspection reports.

➢ Educate landlords regarding HUD, the Authority, local regulations, requirements, and report/identify all marginal units while working with landlords for corrective action;

➢ Work cooperatively with other Authority employees, housing applicants, residents, community workers, and the public.

Additional Requirements:

➢ Positions require the use of personal vehicles on Authority business. Individuals must be physically capable of operating the vehicles safely, possess a valid driver’s license and have an acceptable driving record along with liability insurance.

➢ Selected service provider should submit an itemized invoice to the Director of Public Housing at the end of each month. Invoices should denote date of inspection or re-inspection, name and address of resident, type of inspection (i.e. Initial, Compliant, Re-Inspection, Re-Certification), result of inspection (i.e. Pass, Fail, Attempt etc.), and record of miles driven on a furnished JCHA Mileage Form. Mileage will be reimbursed at the current Authority approved rate.

4. Duties of the Authority: The duties of the Authority shall be as follows: The Authority shall make payment within 30 days following the date of an invoice submitted by Contractor as provided in Section 1.

5. No Permanent Employment: Nothing in the contract shall be interpreted as an offer of permanent employment, and the Contractor acknowledges and understands that he/she is not an employee of the Authority. Contractor acknowledges and understands that her/his performance of this contract is as an independent contractor. As such, she/he is obligated for payment of worker’s compensation, FICA taxes, occupational taxes, and all applicable federal, state and local taxes, etc., and she/he acknowledges that the Authority will not be obligated for payment or reimbursement of the same under this agreement. In the event the Internal Revenue Service deems any of the Contractor’s agents, servants, or employees to be employees of the Authority and makes claim for failure to withhold and/or pay payroll taxes, Contractor agrees to indemnify and hold the Authority harmless for the same.

6. Other Benefits and Compensation: There are no benefits or compensation except that listed above.

7. Relationship of Parties: Contractor represents to the Authority that she/he is not related by blood, marriage or adoption to any present employee or Housing Commissioner of the Authority and that no such employee or Housing Commissioner has requested or been paid directly or indirectly any bribe or other kickback in connection with the entering into or performance of this agreement. Contractor further represents that she/he has no ownership interest in, or employment or consultant relationship with, any other supplier or services of goods to the Authority and that she/he is not related by blood, marriage or adoption to any person who has an ownership interest in, or employment or consultant relationship with, any other such supplier of goods or services to the Authority. Finally, the Contractor represents that there presently exist no circumstances that would prevent, or would give the appearance of preventing, the performance of her/his duties hereunder in the best interest of the Authority.

8. Nondiscriminatory Practices: Contractor agrees that, in its employment practices and in rendering services, it does not discriminate against individuals contrary to federal and state law. Contractor further agrees that it will comply with titles IV, VI, and VII of the Civil Rights Act of 1964, the Federal Age Discrimination in Employment Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and all applicable federal and state laws, rules and regulations implementing the forgoing statutes with respect to nondiscrimination on the basis of race, creed, color, religion, national origin, age, sex, or disability as defined in the above laws and regulations. Further, Contractor agrees to hold harmless and indemnify the Authority from and against any suits, judgments, and damages arising from Contractor’s failure to comply with the above laws and regulations.

9. Indemnification:

a) Contactor shall agree and show the ability to indemnify and hold harmless the Authority, and its respective present, former and future general and limited partners, affiliates, officers, agents, servants, and employees, from and against all claims, demands, losses, damages, injuries, liabilities, judgments, liens, encumbrances, orders and awards (all of which are collectively referred to as “claim”), together with attorney’s fees and litigation expenses on account of, but not limited to the following:

➢ Injury to, or death of, any person, including, but not limited to, agents, employees, subcontractors, suppliers, material and residents of JCHA properties and their guest.

➢ Claims of subcontractors, suppliers, material, men, or workmen.

➢ Royalties, license fees, and claims for patent infringement.

➢ Claims against the JCHA for express or implies indemnity or contribution arising by reason of any of the above.

b) The Authority agrees to indemnify and hold harmless the Contractor, its directors, officers, employees, agents, successors, and assigns, from and against any and all claims arising from the alleged negligent or wanton or intentional conduct of any employee, agent, or volunteer acting on behalf of the Authority.

10. Confidentiality: The Contactor shall treat all information obtained by its performance under this contract as confidential information to the extent confidential treatment is provided for the information under the state and federal law. The Contractor shall not use any information so obtained in any manner except as necessary for the proper discharge of its obligations and rights under this Contract.

11. Assignment: No Assignment of this Contract or delegation of any duty or obligation of performance hereunder shall be made in whole or in part by Contractor without the prior written consent of the Authority.

12. Amendments: This Contact may be amended, whole or in part, by the mutual agreement of the parties hereto provided said amendment is in writing, signed by the parties hereto, and incorporated into this contract.

13. Governing Laws: The laws of the State of Alabama, as well as the rights and duties of the parties to this Contract, shall govern the validity and enforceability of this Contract and each and every term or provision herein.

14. Legal Construction: In case any one or more of the provisions contained in this Contract shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein.

15. Either party to the contract shall also have the right to suspend and/or terminate, whole or in part, with or without cause, after providing (30) thirty days written notice to the affected party.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals or caused these present to be executed by their duly authorized representative this _________ day of ________, 2005.

CONTRACTOR JEFFERSON COUNTY HOUSING AUTHORITY

______________________________ ______________________________________

John Doe, an individual LEWIS D. MCDONALD

104 Any Lane EXECUTIVE DIRECTOR

Nowhere, Alabama 35094

STATE OF ALABAMA:

JEFFERSON COUNTY:

I, _______________________________________________________, hereby certify

that ____________________________________________ whose name is signed to the foregoing agreement, and who is known to me, acknowledged before me on this day that, being informed of the contents of the agreement, he executed the same voluntarily on the day the same bears date.

Given under my hand this _____________ day of _________________2005.

____________________________________

Notary Public

STATE OF ALABAMA:

JEFFERSON COUNTY:

I, __________________________________________________, hereby certify that LEWIS D. MCDONALD, whose name as Executive Director, is signed to the foregoing agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act of the said Authority.

Given under my hand this _____________ day of _______________2005.

___________________________________

Notary Public

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