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Agenda Item 8EAGENDA ITEM # 8E JANUARY 10, 2011 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Authorization for Signatures on Community Development Block Grant (CDBG) Paperwork DATE: December 20, 2010 SUBMITTED BY: David E. Thompson, Asst. City Manager BACKGROUND: Each year, Community Development Block Grant CDBG) funding is passed down from the Federal Government to local governments. The purpose of this funding is to make improvements that will benefit low to moderate income citizens and neighborhoods. Jacksonville receives an allocation of funding, and as a part of the Interlocal Agreement between the cities of Atlantic Beach and Jacksonville, CDBG funding is allocated to the City of Atlantic Beach based on population. If the entire Atlantic Beach allocation is not spent by Atlantic Beach annually, then the residual funding is rolled over into the following year to be reallocated in the following year(s). The total funding for 2010 -11, including money rolled over from previous years, is $131,162.49. Staff proposes to budget the funding as follows: Donner Park Improvements 1. Light installation at basketball courts $22,000.00 2. Security Lighting $1,400.00 3. Security Camera $5,500.00 4. Sod baseball field $32,000.00 5. Grade and sod Soccer Field $20,000.00 6. Add Paved Parking $50,262.49 Total $131,162.49 Atlantic Beach and Jacksonville are in the process of finalizing a contract for this funding. The Mayor's signature will be needed on the documents. BUDGET: The approval of the staff recommendations will provide $131,162.49 for the projects discussed above. RECOMMENDATIONS: To authorize the Mayor to sign the contract with the City of Jacksonville, and any subsequent documents necessary for the administration of the CDBG grant for 2010 -11. ATTACHMENTS: Proposed Contract Between the City of Jacksonville and the City of Atlantic Beach REVIEWED BY CITY MANAGER: SZ�Z AGENDA ITEM NUMBER: AGENDA ITEM # 8E JANUARY 10, 2011 CONTRACT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH THIS CONTRACT made and entered in triplicate effective as of October 1, 2010 ( "the Effective Date "), is by and between the CITY OF JACKSONVILLE, a Florida municipal corporation in Duval County, Florida (the "City "), and the CITY OF ATLANTIC BEACH, a Florida municipal corporation in Duval County, Florida (the "Recipient "). WITNESSETH: WHEREAS, the United States Department of Housing and Urban Development awarded the City a Community Development Block Grant (CDBG) which provides for the development, establishment and administration of projects to benefit low and moderate income persons, aid in the elimination of slums and blight or meet an urgent community need; WHEREAS, said grant provides that the City will contract with nonprofit community organizations, to administer and implement the project set forth therein; WHEREAS, it is in the best interest of the City to enter into a contract with the Recipient for the administration of a portion of said grant; WHEREAS, pursuant to the appropriation and approval set forth in Ordinances 2008- 643-5, 2009 - 634 -E, and 2010 - 612 -E, the City hereby engages the services of the Recipient to administer and implement a portion of the CDBG funds for the project as more particularly set forth in Exhibit "A" the "Project "); NOW, THEREFORE, in consideration of the mutual premises and covenants, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE 0 Incorporation by Reference 0.1 The above stated recitals are accurate, true and correct and, by this reference, are made a part hereof and are incorporated herein. 0.2. Any exhibit or attachment to this contract that is referenced in this contract is, by this reference, made a part of this contract and is incorporated herein. ARTICLE I Supervision 1.1 The Recipient agrees to perform the required services for the Project under the general coordination of the Community Development Division of the Housing and Neighborhoods Department, City of Jacksonville. The City contact and address (for notices) is: Community Development Division, Attn: Glory Dixon 214 N. Hogan Street, Suite 800 Jacksonville, Florida 32202 Phone: (904) 255 -8275 Fax: (904) 255 -8280 E -mail: gdixon @coj.net AGENDA ITEM # 8E JANUARY 10, 2011 ARTICLE II Scope of Services 2.1 The Recipient agrees to perform the services necessary to complete the Project described in Exhibit "A ", attached hereto and made a part hereof. If any services, functions, or responsibilities not specifically set forth in this contract are necessary for the proper performance of the Project, then they shall be deemed implied by and included within the Project. 2.2 In addition to the requirements, limitations and restrictions set forth elsewhere in this contract, Recipient shall use the funds in a manner consistent with all applicable and governing federal, state and local laws, rules, regulations and policies, and any subsequent amendment thereto, during the term of this contract, including without limitation, all laws rules, regulations and policies governing CDBG funds, the terms of which are incorporated herein by this reference. Recipient acknowledges and agrees that it has reviewed, understands and is familiar with all such applicable and governing federal, state and local laws, rules, regulations and policies concerning this contract. If any of the obligations of this contract are to be performed by a subcontractor of Recipient, Recipient shall incorporate the provisions of this section into and shall become a part of the subcontract. Additionally, Recipient represents and warrants to City that Recipient has its own municipal code of ethics and procurement code and will comply with the provisions of the Atlantic Beach Ethics Code and the provisions of the Atlantic Beach Purchasing Code. ARTICLE III Fundin 3.1 The City agrees to pay the Recipient $131,162.49, which amount is the maximum indebtedness of the City pursuant to this contract. 3.2 The City shall pay this amount over the period of this contract commencing on the Effective Date and ending September 30, 2011, to the Recipient for services rendered herein on a reimbursement basis and in accordance with the provisions of this contract and as set forth in Exhibit "A " . In no event shall City be required to advance any of such funds. The Recipient shall expend the funds solely and exclusively for the Project described in this contract. The Recipient shall not expend or otherwise use any of the funds for any other purpose 3.3 The method of payment shall be according to the Financial Procedures, as described in Exhibit "B " , attached hereto and made a part hereof. The City shall not be obligated or required to make any disbursements if the Recipient is in breach of this contract. 3.4 Any unused or residual funds remaining at the termination or expiration of this contract (or left over after completion of the Project) shall be rolled -over to the following CDBG year contract for the use of the Recipient and allocated to the next vear's proiects revert t o distrobuted to ReGipient, th8R SUGh funds are to be due and payable on SUGh date of the terminatien or exp*FatiE)R and shall be returned by ReGipient to the City no later thaR thirty (30) days thereafter. In the event Recipient receives or expends any portion of the funds in a manner inconsistent with the terms of this contract or any applicable and governing federal, state or local law, rule regulation or policy, then Recipient shall immediately refund and return all such funds to City without demand or further notice. Recipient shall also reimburse City for all costs, expenses and fees, including attorneys' fees and court costs, incurred or expended by City in connection with any collection efforts to recover any funds due City pursuant to this AGENDA ITEM # 8E JANUARY 10, 2011 contract. The City may immediately terminate the contract if funds are improperly spent, and such termination may be provided orally with a written notice to follow. 3.5 Funds may be transferred from line item to line item within the line items specified in Exhibit "B" only with prior written approval of the City, provided that no expenditure shall exceed the maximum indebtedness set forth in section 3.1 of this contract. 3.6 The use of funds described in this contract is subject to the written approval of the United States Department of Housing and Urban Development. 3.7 In addition to the provisions of section 3.4 above, upon expiration or termination of this contract, the Recipient shall transfer to the City any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds. Further, any real property under the Recipient's control that was acquired or improved in whole or in part with funds (including funds provided to the Recipient in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the national objectives in §570.208 (formerly §570.901) until five (5) years after expiration of the contract, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Not used in accordance with paragraph title 24 CFR Part 570.503(b)(7)(i), in which event the Recipient shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City, and no payment is required after the period of time specified in subsection(i) of this section. ARTICLE IV Reporting 4.1 The Recipient shall provide the City with a monthly report (in form and content acceptable to City) showing all activities, including a narrative summary of progress and a financial statement showing all expenditures appropriate to the Project. All expenditure of funds shall be made on a unit of service basis or as set forth in the Attachments. 4.2 The Recipient shall use the report form that has been approved by the City, as described in Exhibit "C" hereto and made a part hereof. The City shall be permitted to modify this form at any time during the term of this contract. 4.3 The report shall be due on the tenth (10` day of each month and shall continue until all information concerning the Project has been received by the City. 4.4 The Recipient's failure to submit monthly reports shall give cause to the City to either withhold further payments to the Recipient or termination of this contract. 4.5 The Recipient shall provide the City with additional Project information as requested by the City from time to time. ARTICLE V Indemnification; Insurance 5.1 The Recipient shall act as an independent contractor, and not as an employee, agent, partner, joint venturer, representative or associate of the City, in operating the aforementioned services set forth in this contract. Recipient shall be solely responsible for the means, methods, techniques, sequences and procedures utilized in the full performance of this contract. 5.2 Subject to the provisions and limitations of Section 768.28, Florida Statutes, the Recipient shall be liable, and agrees to be liable for, and shall hold harmless, indemnify and 3 AGENDA ITEM # 8E JANUARY I0, 2011 defend City and its members, officials, employees, representatives and agents from and against all claims, actions, lawsuits, judgments, settlements, losses, damages, injuries, liabilities, costs and expenses, including attorneys' fees and court costs, of any kind or nature, suffered or incurred by City or its members, officials, employees, representatives or agents arising out of, relating to, in connection with or caused by negligent act or omission of Recipient or any of its directors, officers, employees, agents, representatives, related entities, general contractors, subcontractors, materialmen, laborers or other persons in connection with this contract or the Project. This indemnification is separate and apart from, and is in no way limited by, any insurance provided pursuant to this contract or otherwise. This indemnification is not, nor shall it be interpreted as, a further waiver of Recipient's sovereign immunity beyond the limited legislative waiver thereof in Section 768.28, Florida Statutes. 5.3 Without limiting its liability under this contract, the Recipient shall procure and maintain at its sole expense during the life of the contract (and Recipient shall require its contractors, subcontractors, laborers, materialmen and suppliers to provide, as applicable), insurance of the types and in the minimum amounts stated below, and provide a certificate evidencing the required coverages to the City: Schedule Worker's Compensation Employer's Liability Limits Florida Statutory Coverage $ 100,000 Each Accident $ 500,000 Disease Policy Limit Commercial General Liability Including Premises Operation & Blanket) Contractual Liability) $2,000,000 Products /Comp., Ops Agg. $1,000,000 Personal /Advertising Injury $1,000,000 Each Occurrence $ 50,000 Fire Damage $ 5,000 Medical Expenses Automobile Liability $1,000,000 Combined Single Limit (all automobiles — owned, hired or non - owned) 5.4 All coverages shall be evidenced by a Certificate of Insurance and shall provide for thirty (30) days prior written notice of any cancellations, non - renewal, or adverse change in coverage. The City of Jacksonville shall be named in the coverages as an additional insured as its interest may appear. 5.5 The City acknowledges that Recipient is a municipal corporation in the State of Florida and warrants, and represents that it is self insured for worker's compensation, general liability, and other coverage, with said protection being applicable to officers, employees, servants, and agents while acting within the scope of their employment by Recipient. Its self insured fund and various policies are authorized by Section 768.28(16), Florida Statutes. Recipient agrees to maintain its self insurance fund and excess policies for the duration of this Agreement. Furthermore, nothing contained herein shall be construed or interpreted as: (i) denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (ii) a waiver of sovereign immunity of the Recipient beyond the waiver provided in Section 768.28, Florida Statutes. AGENDA ITEM # 8E JANUARY 10, 2011 ARTICLE VI Contract Period and Termination 6.1 This contract shall be effective for the period beginning on the Effective Date and shall terminate on September 30, 2011, unless canceled sooner with or without cause, by either party by giving thirty (30) days prior written notice of such cancellation. 6.2 Provided, that if the Recipient should materially fail to comply with any term of the award, suspension or termination may occur in accordance with 24 CFR 84.61 and in accordance with 24 CFR 84.62, which provisions are incorporated herein by this reference, and the award may be terminated for convenience by the City on behalf of HUD. In the event that funds should fail to be or cease to be provided to the City, then the City may terminate this contract instantly and shall reimburse payments that were expended up to that date of the termination only. 6.3 In addition to the City terminating for convenience the contract upon thirty (30) days notice as set forth in section 6.2 above, if the City terminates this contract due to an event of default of Recipient, then the City may also exercise all rights and remedies it may have at law or in equity. Failure on the part of City to notify Recipient of a default shall not be deemed to be a waiver by City as to its rights on such default of Recipient and shall not be deemed to be a waiver of City's right to notify Recipient of such default at a subsequent time, and such a notice shall have the same effect as if promptly made. 6.4 The occurrence of any one or more of the following events prior to the expiration of the term shall constitute an event of default hereunder: (a) failure to perform or observe any material term, agreement, covenant or condition of this contract or any of the agreements or other instruments attached hereto as exhibits, which such default continues for thirty (30) days after written notice thereof (unless a shorter period is set forth elsewhere in this contract); (b) a violation of any applicable and governing federal, state or local law, rule, regulation or policy with respect to the subject matter hereof; (c) any representation or warranty contained in this contract shall be false or misleading in any material respect; (d) the application by the Recipient for, or consent to, the appointment of a receiver, trustee, liquidator or custodian (or similar official) of its or all or a substantial part of its assets, or if any party shall be unable or admit in writing its inability to pay its debts as they mature, make a general assignment for the benefit of creditors, be adjudicated a bankrupt or insolvent, file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or any arrangement with creditors or agrees to take advantage of any insolvency law, file an answer admitting the material allegations of a petition filed against it in any bankruptcy, reorganization or insolvency proceeding or if any corporate action shall be taken by it for any purpose of effecting any of the foregoing, or if any order, judgment or decree shall be entered by a court of competent jurisdiction approving a petition seeking reorganization or appointing a receiver, trustee, liquidator or custodian (or other similar official) of any party hereto or of all or a substantial part of its assets, and such other judgment or decree shall continue unstayed and in effect for a period of thirty (30) consecutive days; or (e) an event of default of the Recipient under any other agreement or transaction between the Recipient and City. ARTICLE VII Uniform Administrative Requirements 7.1 The Recipient shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non - Profit Organizations ", as may be amended, and with Title 24 Housing and Urban Development, CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - profit Organizations," as may be amended. AGENDA ITEM # 8E JANUARY 10, 2011 7.2 The Recipient shall maintain Project records (including records of the Recipient's general contractors, subcontractors, materialmen, laborers, and other persons engaged in connection with this contract) a minimum of five (5) years after the termination or expiration of this contract (the Recipient is required to retain Project records for four (4) years to comply with program requirements as set forth in 24 CFR 570.503, with exceptions of any litigation or claim as stated in 24 CFR Part 84.53(b)(1), and the Recipient is required to maintain Project records for five (5) years to comply with Florida public records laws). The Recipient shall make available to the City, the City's agents, and HUD and permit said parties to examine, inspect, and have access to, at all reasonable times, such Project records. ARTICLE VIII General Provisions 8.1 The Recipient shall hire an independent certified public accountant to audit the program (not to be funded from these grant monies) in accordance with OMB Circular A -133 or its successor OMB Circular as available from time to time. If a grant specific audit is conducted, it must be submitted to the City no later than 180 days after the end of the contract. If included in the Recipient's overall organizational audit(s), then it must be submitted no later than 180 days following the end of each fiscal year during which grant funds were expended. 8.2 The Recipient agrees to abide by the provisions of Section 112.3135, Florida Statutes, as from time to time amended, pertaining to nepotism in their performance under this contract. 8.3 The Recipient agrees to abide by Chapter 119, Florida Statutes, and related laws, concerning the Public Records laws as from time to time amended. 8.4 The Recipient accepts these funds so appropriated in accordance with the terms of this contract and shall abide by the audit requirements of this Agreement as from time to time amended by the City. 8.5 The Recipient agrees to adhere to its municipal City procurement requirements in their purchase of labor, materials, supplies, and equipment, and will maintain written documentation of such procurement in its records. ARTICLE IX Conflict of Interest 9.1 In the procurement of labor, supplies, equipment, construction and services by the Recipient or by any sub - recipient, the conflict of interest provisions in 24 CFR 84.42, as may be amended and incorporated herein by reference, shall be adhered to, as applicable. 9.2 No person who is an employee, agent, consultant, officer, or elected official or appointed official of the Recipient, or of any designated public agencies, or sub - recipients which are receiving CDBG funds or who exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. 9.3 Upon the written request of the Recipient, the U.S. Department of HUD may grant an exception to the provisions of 9.1 on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the Recipient's program or Project. AGENDA ITEM # 8E JANUARY 10, 2011 ARTICLE X Other Federal Program Requirements 10.1 The Recipient shall carry out each activity in compliance with all applicable Federal laws and regulations checked below: X Pub. L 88 -352 - Title VI of the Civil Rights Act of 1964 X Pub. L. 90 -284 - Title Vill of the Civil Rights Act of 1968 X Executive Order 11063 as amended by Executive Order 12259 X Section 109 of the Act X Labor Standards X National Flood Insurance Program Relocation and Acquisition X Employment and Contracting Opportunities: X Executive Order 11246 (41 CFR Chapter 60) X Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) X Lead -Based Paint X Use of Debarred, Suspended or Ineligible Contractors or Sub - recipients Displacement X Nondiscrimination Based on Handicap X Section 504 of the Rehabilitation Act of 1973 X Environmental Protection Agency Regulations National Environmental Policy of 1969 X Code of Federal Regulation, Title 24, Volume 1, Part 135 10.2 To the extent applicable to the Project, this contract is also governed by the following federal laws and provisions required by Title 24, CFR, Appendix A to Part 84: A. Equal Employment Opportunity — All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." B. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) — All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. C. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) — When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made 7 AGENDA ITEM # 8E JANUARY 10, 2011 by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD. D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) — ( CWHSSA) To the extent applicable, under federal monetary threshold amounts for prime contracts, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 '/ times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. E. Rights to Inventions Made Under a Contract or Agreement — Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by HUD. F. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended — Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA). G. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) — Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Debarment and Suspension (E.O.s 12549 and 12689) —No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. M AGENDA ITEM # 8E JANUARY 10, 2011 I. Drug -Free Workplace Requirements —The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug -free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. The Recipient shall also comply with the following requirements to the extent applicable: Non - Discrimination in Federally Assisted Programs as set forth in Title 41 Public Contracts and Property Management; 41 CFR Part 60; non - Discrimination Based on Age or Handicap as set forth in Age Discrimination Act of 1975, as amended, and 24 CFR Part 146; Employment and Contracting Opportunities as set forth in Section 3 of the Housing and Urban Development Act of 1968, 24 CFR Part 135; Minority /Women's Business Enterprise as set forth in Executive Orders 11625 and 12138, and 24 CFR Part 85 Subpart C Section 36(e); Lead Based Paint Poisoning Prevention as set forth in 24 CFR Part 35; New Restrictions on Lobbying as set forth in 24 CFR Part 87; Displacement, Relocation Assistance and Real Property Acquisition as set forth in 49 CFR Part 24 and 24 CFR Part 42; National Flood Insurance as set forth in Flood Disaster Protection Act of 1973; 42 U.S.C. 40001 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction; HUD 4010 Federal Labor Standards Provisions; HUD 4010 Federal Labor Standards Provisions; General Provisions set forth in 24 CFR Part 135, Volume 1; Relating to the Use of Volunteers as set forth in 24 CFR Part 70; Relating to Down Payment Assistance as set forth in 24 CFR 92.354 (a)(2); HOME National Affordable Housing Act of 1990 (NAHA); and Use of Disbarred, Suspended or Ineligible Contractors or Sub - recipients as set forth in 24 CFR Part 24; 29 CFR 5.12(a)(1). K. The Recipient shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to the persons served; the Recipient shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to employees or applicants for employment; the Recipient shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served; and the Recipient shall comply with the Americans with Disabilities Act of 1990 (Public Law 101 -336) in regard to employees and persons served. L. The Recipient shall not discriminate against any person or family on the grounds of race, color, national origin, sex, religion, family status, or handicap in the use, lease, rental, sale, or occupancy of any residential unit in the Property. Age discrimination and discrimination against minor dependents are also not permitted. Recipient shall further meet the equal opportunity and fair housing requirements of 24 CFR Part 92.350, 24 CFR Part 107, Title VI of the Civil Rights Act of 1968, as amended "Fair Housing Act" 2 U.S.C. 3601; 24 CFR Part 100, and Executive Order 11063. M. If the Recipient is or was created by a religious organization, the Recipient agrees that all funds disbursed under this contract shall be subject to the conditions, restrictions, and limitations of 24 CFR 5.109 and 24 CFR 92.257. N. The Recipient shall comply with the Federal Funding Accountability and Transparency Act, P.L. 109 -282 (the "Act "), including all reporting requirements contained therein. In accordance with the requirements of the Act, the Recipient shall provide City with the following information contemporaneously with the Recipient's execution of this Contract: Provide City with the names and total compensation of the Recipient's five most highly compensated officers if the Recipient in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards; and $25,000,000.00 or more in annual gross revenues from federal awards; and the public does not have access to this information about the compensation of the senior executives of the Recipient through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of M AGENDA ITEM # 8E JANUARY 10, 2011 1934 (15 U.S.C. § § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986, as provided in § 2(b)(1) of the Act; and Provide City with the Recipient's entity information, Data Universal Numbering System ( "DUNS ") number, and Parent DUNS number, if applicable; and iii. Register in the United States Government's Central Contractor Registration System ( "CCR ") pursuant to the provisions of the Act and provide City with documentation verifying the same at the time of Recipient's execution of this Contract. Recipient must ensure that such registration remain current and in good standing throughout the term of this Contract. Recipient further agrees to provide City with additional information and documentation throughout the term of this Contract as may be requested by City to ensure alignment of Recipient's system and processes to meet the reporting requirements and other requirements of the Act. Notwithstanding any provision in this Contract to the contrary, a Recipient's violation of this section shall be cause for immediate suspension of payment to Recipient of the grant funds provided herein by City and unilateral cancellation of this Contract by City upon thirty (30) days prior written notice to Recipient of such cancellation. O. The Recipient shall comply with the Federal Immigration and Naturalization Act. City shall consider the employment by Recipient of unauthorized aliens a violation of Section 274A(e) of the federal Immigration and Naturalization Act. Such violation shall be cause for unilateral cancellation of this Contract upon thirty (30) days prior written notice of such cancellation. ARTICLE XI Representations and Warranties by Recipient 11.0 Without limiting the representations, warranties and covenants of Recipient set forth elsewhere in this contract, as a material inducement for City to enter into this contract, Recipient represents and warrants to City (and unless otherwise specified, such representations, warranties and covenants are true as of the Effective Date and shall continue and be effective during the term of this contract as if continuously reiterated) that: 11.1 Recipient is a Florida nsn- prefit municipal corporation duly incorporated and validly existing under the laws of the State of Florida and authorized to conduct business and in good standing in the State of Florida. Recipient has full power and authority (including the Recipient obtaining any and all third party required consents) to execute and deliver this contract and all documents contemplated hereby, and perform its obligations arising hereunder and thereunder, and that Recipient's entering into this contract will not conflict with or result in a breach of any other agreement to which the Recipient is a party. The individuals signing on behalf of Recipient have full power and authority to do so. 11.2 Recipient has to exem tat„ puF cant to C°otion 501 (G)(3) of the Internal R°v°nu� Code. is exempt from taxation in certain instances including those provided in the Constitution of the State of Florida (Art. VII Sec. 3) and in Chapter 163, 196 and 212 of the Florida Statutes. 11.3 The making, execution and delivery of this contract and performance of all obligations hereunder by Recipient have been duly authorized and approved by the s h ^ r°holdeFs member paFtn °r or Beard of Dir°ntorS (as the nos° may h° ) City Commission of Recipient 10 AGENDA ITEM # 8E JANUARY 10, 2011 11.4 This contract and all documents contemplated hereby each constitute a legal, valid and binding obligation of Recipient, enforceable in accordance with their respective terms, assuming execution of the same by City. 11.5 This contract and all documents contemplated hereby do not and will not contravene any provision of the governing documents of Recipient, any judgment, order, decree, writ or injunction to which Recipient is bound, or any provision of any applicable law or regulation to which Recipient is bound. The execution and delivery of this contract and all documents contemplated hereby, and performance of its obligations hereunder and thereunder will not result in a breach of or constitute a default under any agreement or require the consent from any third party. 11.6 Recipient and each of its general contractors, subcontractors, materialmen, laborers and other persons performing services relating to the Project hold all necessary licenses, permits and authorizations required by all applicable governmental agencies and authorities as a condition to conduct business in the State of Florida and to work on the Project. 11.7 Recipient has not employed or retained any third party having a relationship with City to solicit or secure this contract and has not paid or agreed or promised to pay any such person any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the execution of this contract. 11.8 Recipient has not engaged a broker, finder or other similar third party in connection with this contract that would obligate City to pay any cost, expense, fee to such broker, finder or other similar third party. 11.9 To the extent that construction of the Project may be required, Recipient has obtained for the construction of the Project, or will obtain prior to beginning of construction of the Project, all necessary approvals and consents from all governmental or quasi - governmental authorities having jurisdiction over the Project, including, but not limited to, street openings or closings, zoning and use and occupancy permits, sewer permits, environmental permits and approvals, building permits, highway occupancy permits, subdivision and land development approvals, and approvals of fire underwriters (collectively, the "Governmental Approvals "), and all Governmental Approvals are or will be final, unappealed, and unappealable, and remain in full force and effect without restriction or modification. 11.10 To the extent applicable to this Contract, no notice of taking by eminent domain or condemnation of any part of the Property has been received, and Recipient has no knowledge that any such proceeding is contemplated with respect to the Project and /or improvements. 11.11 To the extent that real properties or dwellings are contemplated by this Contract, no part of any such real property or dwelling unit contemplated by this contract has been damaged or injured as a result of any fire, explosion, accident, flood, or other casualty that is not now fully restored. 11.12 To the extent that real properties or dwellings are contemplated by this Contract, Each and every parcel of real property and dwelling unit contemplated by this contract abuts and has direct access to a legally opened public right -of -way. 11.13 To the extent that real properties or dwellings are contemplated by this Contract, electricity, public potable water and public sanitary and storm sewerage facilities and, if shown on the plans and specifications, natural gas service are available at each and every parcel of 11 AGENDA ITEM # 8E JANUARY 10, 2011 real property and dwelling unit contemplated by this contract, or will be available prior to beginning construction, and are of sufficient capacity to service the Project and improvements. 11.14 To the extent that real properties or dwellings are contemplated by this Contract, all public improvements included as part of the Project and /or improvements have been fully authorized by appropriate municipal ordinance or other required municipal action, or will be so authorized prior to beginning construction. Recipient is not in default under any of agreement with City, and Recipient has satisfied all conditions imposed by any governmental authority in connection with the grant of development approval for each and every parcel of real property and dwelling unit contemplated by this contract. ARTICLE XII Miscellaneous 12.1 This contract shall not be amended or modified in any way except by an instrument in writing executed by both parties hereto. 12.2 All notices to be given hereunder shall be in writing and personally delivered or sent by registered or certified mail, return receipt requested, or delivered by a courier service utilizing return receipts, to the party at the following addresses and such notice shall be deemed given and received for all purposes under this Contract three (3) business days after the date same are deposited in the United States mail, if sent by registered or certified mail, or the date actually received if sent by personal delivery or courier service. The address for the City is set forth in Section 1 above, and the address for the Recipient is set forth below its signature. 12.3 TIME IS OF THE ESSENCE in the performance by any party of its obligations hereunder. If any date of significance hereunder falls upon a Saturday, Sunday, or legal holiday, such date shall be deemed moved forward to the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be considered business days. 12.4 No waiver of any term of or obligation pursuant to this contract may occur or be enforced unless it is signed by both parties hereto. The failure or delay by either party in asserting any of its rights or remedies as to any default hereunder shall not constitute a waiver of such default or any other default or of related rights or remedies. 12.5 Except with respect to rights and remedies expressly declared to be exclusive in this contract, the rights and remedies of the parties hereto are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 12.6 Except as expressly provided to the contrary herein, each section, part, term or provision of this contract shall be considered severable, and, if for any reason, any section, part, term or provision herein is determined to be invalid, contrary to or in conflict with any existing or future law, rule or regulation by a court or governmental agency having competent jurisdiction, such determination shall not impair the operation of or have any other affect on the remaining sections, parts, terms or provisions of this contract, which shall continue to be given full force and effect and bind the parties hereto, and such invalid sections, parts, terms or provisions shall deemed to be not a part of this contract. 12.7 This contract and the rights and obligations of the parties hereto shall inure to the benefit of and be binding upon the parties hereto. This contract is for the sole and exclusive 12 AGENDA ITEM # 8E JANUARY 10, 2011 benefit of the parties hereto, and no third party is intended to or shall have any rights or benefits hereunder. 12.8 Recipient acknowledges consents and agrees that all legal actions or proceedings arising out of or related to this contract shall lie exclusively in a state or federal court in Duval County, Florida. This contract shall be governed by, construed and enforced in accordance with the laws of the State of Florida. 12.9 In conformity with the requirements of Section 126 Part 4, Jacksonville Ordinance Code, and Recipient represents and warrants to City that Recipient has adopted and will maintain a policy of nondiscrimination, as defined by such ordinance, throughout the term of this contract. Recipient agrees that, on written request, it will permit reasonable access to its records of employment, employment advertisement, application forms and other pertinent data and records by the executive director for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this contract; provided, that Recipient shall not be required to produce for inspection records covering periods of time more than one (1) year prior to the date of this contract. Recipient agrees that, if any of the obligations of this contract are to be performed by a subcontractor, the provisions of subsections (a) and (b) of Section 126.404, Jacksonville Ordinance Code, shall be incorporated into and become a part of the subcontract. 12.10 Recipient shall, on request of City, (a) promptly correct any defect, error or omission in this contract and any related documents; (b) execute, acknowledge, deliver, procure, record or file such further instruments and do such further acts deemed necessary, desirable or proper by City to carry out the purposes of the contract; (c) execute, acknowledge, deliver, procure, file or record any documents or instruments deemed necessary, desirable or proper by City to protect its rights against the rights or interests of third persons; and (d) provide such certificates, documents, reports, information, affidavits and other instruments and do such further acts deemed necessary, desirable or proper by City to carry out the purposes of the contract. 12.11 Unless otherwise expressly provided herein, in the event of a conflict between any provisions of this contract and any exhibit attached to or referenced in this contract, the provisions of this contract shall govern to the extent of such conflict. All parties acknowledge and agree that they have had meaningful input into the terms and conditions contained in this contract. Recipient acknowledges that it has had ample time to review this contract and related documents with counsel of its choice. Should any provision of this contract require judicial interpretation, there shall be no presumption that the terms hereof shall be more strictly construed against either party. 12.12 Captions and headings in this contract are for convenience of reference only and shall not affect the construction of this contract. 12.13 The parties hereto shall follow the provisions of Section 126.112, Jacksonville Ordinance Code, with respect to required disclosures by public officials who have or acquire a financial interest in a bid or contract with City, to the extent the parties are aware of the same. No person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or contractor or subcontractors which are receiving funds or who exercise or have exercised any functions or responsibilities with respect to the Project or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or, benefit from the activity, or have a interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one (1) year thereafter. In addition, in the procurement of labor, supplies, equipment, construction and services by Recipient or by any general contractor, subcontractor, materialmen, laborer or other persons working on the 13 AGENDA ITEM # 8E JANUARY 10, 2011 Project, the conflict of interest provisions of any applicable federal, state or local law, rule, regulation or policy shall be adhered to by the same. 12.14 All of Recipient's representations, warranties, indemnities and other covenants set forth herein shall be deemed continuing in nature and shall survive the expiration or early termination of this contract. 12.15 Except for contracts awarded pursuant to Section 3 of the CFR, Title 24, Volume 1, Part 135 Act, as amended (40 U.S.C. 276a to a -7), the parties hereto acknowledge and agree that a person or affiliate who has been placed on the State of Florida Convicted Vendor List, following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contractor with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity, in excess of Twenty Five Thousand Dollars ($25,000) for a period of thirty -six (36) months from the date of being placed on the Convicted Vendor List. 12.16 This contract and the rights and obligations herein may not be assigned, in whole or part, by either party without the prior written approval of both parties. 12.17 Prompt Payment to Subcontractors and Suppliers (a) Nothing herein shall prohibit Recipient from disputing, pursuant to the terms hereof, all or any portion of a payment alleged to be due to its subcontractors and suppliers. In the event of such a dispute, Recipient may withhold the disputed portion of any such payment only after Recipient has provided notice to City and to the subcontractor or supplier whose payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the actions required to cure the dispute; and (iv) be delivered to City and said subcontractor or supplier within (ten) 10 calendar days after Recipient's receipt of payment from City. Recipient shall pay all undisputed amounts due within the time limits imposed by this section. (b) Notwithstanding Chapter 126, Part 6, Jacksonville Ordinance Code, Recipient shall pay all contracts awarded with certified Jacksonville Small and Emerging Business ( "JSEB ") JSEBs and Minority Business Enterprise ( "MBE ") MBEs as defined therein their pro -rata share of their earned portion of the progress payments made by City under the applicable contract within seven (7) business days after Recipient's receipt of payment from City (less proper retainage). The pro -rata share shall be based on all work completed, materials, and equipment furnished or services performed by the certified JSEB or MBE at the time of payment. As a condition precedent to progress and final payments to Recipient, Recipient shall provide to City, with its requisition for payment, documentation that sufficiently demonstrates that Recipient has made proper payments to its certified JSEBs or MBEs from all prior payments that Recipient has received from City. Recipient shall not unreasonably withhold payments to certified JSEBs if such payments have been made to the Recipient. If Recipient withholds payment to its certified JSEBs or MBEs, which payment has been made by City to Recipient, Recipient shall return said payment to City. Recipient shall provide notice to City and to the certified JSEB or MBE whose payment is in dispute, which notice shall: (i) be in writing; (ii) state the amount in dispute; (iii) specifically describe the actions required to cure the dispute; and (iv) be delivered to City and said subcontractor or supplier within five (5) calendar days after Recipient's receipt of payment from City. Recipient shall pay all undisputed amounts due within the time limits imposed by this section. The failure to pay undisputed amounts to the JSEB or MBE within seven (7) business days shall be deemed a breach of contract, compensable at one percent (1%) of the 14 AGENDA ITEM # 8E JANUARY 10, 2011 outstanding invoice being withheld by the City. Continued failure to adhere to this clause may be cause for termination. (c) The prompt payment requirements hereunder shall, in no way, create any contractual relationship or obligation between City and any subcontractor, supplier, JSEB, or any third -party or create any City liability for Recipient's failure to make timely payments hereunder. However, Recipient's failure to comply with the Prompt Payment requirements shall constitute a material breach of its contractual obligations to City. As a result of said breach, City, without waiving any other available remedy it may have against Recipient, may: (i) issue joint checks; and (ii) charge Recipient a two tenths percent (0.2 %) daily late payment interest charge or other charges specified in Chapter 126 of the Code for JSEBs or MBEs and Chapter 218, Florida Statutes, for non -JSEBs or MBEs, whichever greater. 12.18 Recipient shall annually attend all training workshops relating to the subject matter hereof as reasonably required by City. 12.19 This contract may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute one and the same instrument. 12.20 This contract constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements and understandings, oral or written, between them with respect to such subject matter. IN WITNESS WHEREOF, the parties hereto duly execute this contract as of the day and year first written above. CITY OF ATLANTIC BEACH 0 James Hanson, City Manager Recipient Information Name: City of Atlantic Beach Contact: Sonya Doerr, Community Development Director Address: 800 Seminole Road Atlantic Beach, Florida 32223 Telephone: (904) 247 -5817 FAX: (904) 247 -5808 Email: sdoerr @coab.us Federal Tax Identification Number: 59- 6000267 15 AGENDA ITEM # 8E JANUARY 10, 2011 ATTEST: 0 Neill W. McArthur, Jr. Corporation Secretary CITY OF JACKSONVILLE John Peyton, Mayor In compliance with Section 24.103(e) of the Ordinance Code of the City of Jacksonville, I do hereby certify that there is or will be an unexpended, unencumbered and unimpounded balance in the appropriation sufficient to cover the foregoing contract in accordance with the terms and conditions thereof and that provision has been made for the payment of the monies provided therein to be paid. Director of Finance Contract # Account #: HNCD1A1 BGAB Project # See Page 17 Grant #: PDC001 Grant Detail #: See Page 17 Sub - Object: 08301 Amount: $131,162.49 Project Detail: (Not applicable) Form Approved: By: Office of General Counsel G: \Gov't Operations \LHodges \Housing and Neighborhoods\2010 -2011 CDBG Form Contract \CDBG - PFI Form FY2011 \CDBG (PFI) City of Atlantic Beach.doc 16 AGENDA ITEM # 8E JANUARY 10, 2011 2010 - 2011 Funds Account Number Grant Detail Project # I Sub- Object Amount Project :tivi Donner Park Improvements The following activities will be funded from carry forward funds from previous year per Ordinance #2008 - 643 -E. TOTAL $112,225.00 HNCDIAIBGAB PDC001 -09 003914 08301 $1,467.49 Donner Park Improvements TOTAL $1,467.49 The following activities will be funded with 2009 /2010 fiscal year funds per Ordinance # 2009 - 634-E. HNCD1A1BGAB PDC001 -10 004415 08301 $17,470.00 Donner Park Improvements TOTAL $17,470.00 The following activities will be funded with 2010 /2011 fiscal year funds per Ordinance # 2010 - 612-E. HNCDIAIBGAB PDC001 -11 004415 08301 $112,225.00 Donner Park Improvements TOTAL $112,225.00 TOTAL $131,162.49 17 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT A Page 1 A I. SCOPE OF SERVICES: During the term of this contract, the Recipient agrees to: Maintain documentation that ensures eligibility and compliance with the National Objective of Community Development Block Grant Program (See Exhibit 1 ). 2. Install lighting for basketball court (to energy efficient standards). 3. Install security lighting for community center. 4. Install security camera in Donner Park. 5. Sod baseball field in Donner Park. 6. Grade and sod southern end of soccer field. 7. Add paved parking area in Donner Park. 8. Prepare Bid specifications to Davis -Bacon Act Labor Standards " and Section 3 requirements and submit to the Community Development Division for review and approval prior to the beginning of construction. 9. Provide a self - evaluation tool with quantitative and qualitative measurements. II. SPECIAL REQUIREMENTS A. The Recipient shall include in all advertisements or promotions a statement that whole or partial funding of the project is supplied by the City of Jacksonville, Community Development Block Grant program or wording to that effect. Construction projects shall include a sign indicating that whole or partial funding is supplied by the City of Jacksonville's, Community Development Block Grant program or wording to that effect. Specifications for the sign shall be supplied by the City B. The Donner Park Improvement project is an eligible Public Facilities and Improvement project, under 570.201 (c). This project is eligible under 570.208 (a) (1) (i), area benefit for low and moderate income persons; census tract 139.02, 55.8% low /mod. C. Provide monthly statistical information on clients served via form to be provided by the City. D. The following Labor Standards requirements shall be followed for construction contracts covered by these provisions: 1. Wage Decision, Federal Labor Standards and Section 3 provision will be provided to Recipient by the City. The Wage Decisions and Federal Labor standards shall be included in the Recipient's bid specifications. 18 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT A Page 1 A 2. The Recipient's bid specifications shall be reviewed by the City before the project is advertised. 3. Contractors shall be certified by the City as eligible to participate in Federally - assisted construction projects prior to the contract award. 4. All participating contractors shall attend a pre- construction meeting during which they will be advised of their obligations to comply with the statutes and regulations that govern the use of Federal funds for construction. 5. It shall be the responsibility of the Recipient, acting as the prime contractor, to ensure that all subcontractors submit weekly payrolls. The Recipient shall also maintain weekly payroll records. All payroll records shall be forwarded to the City no later than 7 days after each work week is completed. 19 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT B Page 1B FINANCIAL PROCEDURES I. BUDGET— The Recipient shall adhere to the following budget in the administration of this contract. Administrative Costs A. 1. Personnel Services $131,162.49 2. 1. Wages and Salaries $0.00 2. Fringe Benefits $0.00 B. Operating Expenditures $131,162.49 3. Communication Services $0.00 5. Rentals and Leases $0.00 6. Insurance $0.00 11. Office Supplies $0.00 16. Indirect Costs $0.00 C. I Capital Expenditures Total Administrative Costs: $0.00 II. Services to Clients Expenditures C. 1. Capital Expenditures Donner Park Improvements $131,162.49 2. Total Services to Client Expenditures $131,162.49 Supplemental Costs 1 Matching Funds $0.00 2. In -Kind Contributions $0.00 Total Supplemental Costs $0.00 Total CDBG Funds $131,162.49 Total Project Costs $131,162.49 20 AGENDA ITEM # 8E LINE ITEMIZATION I. Administrative Costs: JANUARY 10, 2011 EXHIBIT B Page 2B A. Personnel Services Total $0.00 B. Operating Expenditure Total $0.00 C. Capital Expenditures Total $0.00 Total Administrative Costs $0.00 II. Services to Clients Expenditures C.1. Capital Expenditures Donner Park Improvements: $131,162.49 Light Installation at basketball court $22,000.00 Security lighting for community center $1,400.00 Security Camera in Donner Park $5 Sod baseball field $32,000.00 Grade and sod soccer field $20,000.00 Add paved parking $50,262.49 Total Services to Clients Expenditures $131,162.49 Total CDBG Funds $131,162.49 21 AGENDA ITEM # 8E JANUARY t0,20tt EXHIBIT B Page 3B CASH REQUEST FORM Name: City of Atlantic Beach Request # Address: 800 Seminole Road Contract# $131,162.49 Atlantic Beach, Florida 32233 Project# Phone# (904) 247 -5817 Date Submitted: 20_ Tax ID #: 59- 6000267 $ 1. Contract funds received to date: $ 2. Contract funds disbursed to date: $ 3. Contract funds previously requested but not yet received: $ 4. Amount of this request $ All contract funds must be disbursed within three (3) days of receipt line 1, please explain: If line 2 does not equal Line Item & Description Budget Amount Received to Date Amount of this Request Remaining Balance Donner Park Improvements $131,162.49 $ $ $ TOTAL $131,162.49 $ $ $ Comments: Bank: Account # I certify that the data above is correct and the amount of the cash requested does not exceed current needs. Signature Date 22 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT B Pages 413 — 8B Conditions Precedent to City's Disbursements METHOD OF PAYMENT A. Reimbursement Unless otherwise stated, all contract funds will be released on a reimbursement basis. The Payment request form set forth above may be submitted no more than monthly and the Recipient may not request disbursement until such time as there is a need for reimbursement of eligible costs. No disbursement shall be made until the operating expenses are incurred and reimbursement requests have been approved by the City Jacksonville. The time period for the City to process the cash request from submission of the request to availability of a check is ten to fifteen working days B. Required Documentation Cash requests must be accompanied by receipts, canceled checks, invoices, written bids, phone quotes and any other reasonable and legible documents to support the expenditure and amount of cash requested. C. Procurement The requirements of Article VIII of this contract outline the required procurement procedures and documentation for purchases. Items not specifically identified in this contract will not be reimbursed with CDBG funds. II. ADDITIONAL PROVISIONS 1.1 Maximum Amount To the extent that construction is involved: Provided that Recipient has performed all obligations of Recipient then due and subject to compliance by Recipient with the terms and conditions of this contract, City shall make disbursements (each, a "Disbursement" and collectively, the "Disbursements ") to Recipient for the "Direct Costs of the Improvements," up to the maximum amount of the grant funds awarded pursuant to this contract and in accordance with the CDBG regulations. However, in no event shall City be obligated to make any disbursements in excess of the "Verified Improvements Costs" defined below. For purposes of this contract, the term "Direct Costs" shall mean the direct construction costs actually incurred and paid by Recipient in connection with the construction of the Improvements in accordance with and as itemized in the Budget, and the term "Verified Improvements Costs" shall mean the aggregate amount of the Direct Costs, as certified by City Inspector pursuant to the terms of this contract. 1.2 Deficiency 1.2.1 Deficiency as to Improvements Funding To the extent that Construction is involved: If, prior to any Disbursement and for any reason, City determines, in its sole and absolute discretion, that the actual cost to complete the Improvements exceeds the amount of the Proceeds then not disbursed, then City may require Recipient, at the sole cost and expense of Recipient, to fund the costs of the Improvements without reimbursement or any further Disbursements from City until such deficiency no longer exists. At City's option, no Disbursements shall be made until Recipient has fully complied with this requirement. 1.2.2 Deficiency of Project Funding To the extent that construction is involved: If, prior to any Disbursement and for any reason, City determines, in its sole and absolute discretion, that the actual cost to complete the Project exceeds the amount of funding then 23 AGENDA ITEM # 8E JANUARY 10, 2011 available to Recipient, then City may require Recipient, at the sole cost and expense of Recipient, to fund the costs of the Project without reimbursement or any further Disbursements from City until such deficiency no longer exists. At City's option, no Disbursements shall be made until Recipient has fully complied with this requirement. 1.3 City Inspector To the extent that Construction is involved: Recipient shall make its city engineers and city inspectors available to make inspections in connection with the Grant and the construction of the Projects, to review and advise City with respect to all matters related to the design, construction, operation and use of the Projects, to monitor the progress of construction, and to review Disbursement Requests and permitted change orders submitted hereunder. The reasonable fees and expenses of such engineers and inspectors shall be paid by Recipient as part of the scope of their employment. Recipient shall provide to City and the engineers and inspectors, facilities commonly made available by contractors for the inspection of the Projects and afford full and free access by City and said engineers and inspectors to all documents requested. Recipient acknowledges that (a) said engineers and inspectors have been made available by Recipient to act as a consultant, and only as a consultant, to City in connection with the construction of the Projects, (b) Said engineers and inspectors in no event have any power or authority to make any decision or to give any approval or consent or to do any other thing which is binding upon City and any such purported decision, approval, consent or act on behalf of City shall be void and of no force or effect, (c) City reserves the right to make any and all decisions required to be made by City under this contract, in its sole and absolute discretion, without, in any instance, being bound or limited in any manner whatsoever by any opinion expressed or not expressed by said engineers and inspectors to City or any other person with respect thereto. 1.4. Disbursement Procedures. All Disbursements shall be made from time to time upon written application of Recipient pursuant to a Disbursement Request. Recipient shall submit Disbursement Requests to City no more frequently than monthly, covering work performed since the prior Disbursement Request. Each Disbursement Request shall constitute a representation and warranty by Recipient to City that (a) the work performed and the materials supplied as of the date thereof are in accordance with the Construction Documents, this contract and the Budget, (b) the work and materials for which payment is requested have been physically incorporated into the Improvements, (c) the value is as stated, (d) the work and materials conform with all applicable rules and regulations of the public authorities having jurisdiction, (e) payment for the items described in such Disbursement Request has been made by Recipient (or, at the option of City, will be made by City directly to the provider of the service), (f) such Disbursement Request is consistent with the Budget, this contract, and the Consolidated Plan, and (g) no Event of Default or event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default has occurred and is continuing. For purposes of this contract, the term "Construction Documents" shall mean the Architect's Contract, each Contractor's Contract, all construction, architectural and other design professional contracts and subcontracts, all change orders, all Governmental Approvals, the plans and specifications, and all other drawings, budgets, bonds and agreements relating to the construction of the Projects. 1.5 Requests for Disbursement For each request for a Disbursement, Recipient shall submit to City a completed written disbursement request (each, a "Disbursement Request ") on a copy of the Disbursement Request Form provided in Exhibit "B " , together with a check in the amount of the inspection fee set forth in Section 1.6 hereof, if required by City. In each Disbursement Request, Recipient shall certify and describe in detail reasonably acceptable to City (a) the cost of the labor that has been performed and the materials that have been incorporated into the Improvements, (b) the amount actually paid by Recipient for such labor 24 AGENDA ITEM # 8E JANUARY 10, 2011 and materials and (c) the amount that Recipient is seeking pursuant to the Disbursement Request. Recipient shall attach to each Disbursement Request such invoices, receipts and other documents required by City evidencing that the costs and expenses were actually incurred and paid for by Recipient and were expended on and pertain to the Improvements. 1.6 Inspection To the extent that construction is involved: Upon receiving each Disbursement Request, Recipient's engineers and inspectors together with a City representative shall determine (a) whether the work completed as of the date of such Disbursement Request has been done satisfactorily and in accordance with the Construction Documents, this contract and the Budget, (b) the percentage of construction of the Improvements and the Projects completed as of the date of such Disbursement Request, (c) the Direct Costs actually incurred for work in place as part of the Improvements as of the date of such Disbursement Request, (d) the actual sum necessary to complete construction of the Improvements and the Projects in accordance with the Construction Documents, this contract and the Budget, and (e) the amount of time from the date of such Disbursement Request that will be required to complete construction of the Improvements and the Projects in accordance with the Construction Documents, this contract and the Budget. All inspections by or on behalf of City shall be solely for the purpose of ascertaining proper use and expenditure for federally provide grant funding, made available to Recipient, and Recipient shall have no right to claim any loss or damage against City or City representative arising from any alleged negligence in or failure to perform such inspections, failure to monitor Disbursements or the progress or quality of construction, or failure to otherwise properly administer the Grant. 1.7 Conditions to Disbursements. 1.7.1 General Conditions City shall have no obligation to make any Disbursement (a) unless City is satisfied, in its sole and absolute discretion, that each and every condition precedent to the making of such Disbursement has been satisfied or (b) if an Event of Default or an event which, with the giving of notice or the passage of time, or both, would constitute an Event of Default, has occurred or is continuing. 1.72 Conditions to Initial Disbursement To the extent that construction is involved: The obligation of City to make the initial Disbursement is conditioned upon the occurrence of each of the following: (a) Recipient shall have provided to City, in form and substance satisfactory to City, evidence showing that the income eligible client holds title to the real property upon which Recipient will construct the Project and Improvements, and the Recipient has caused the execution, recording and delivery of the security documents ( prior to recording any Notice of Commencement (b) Recipient shall have provided to City, in form and substance satisfactory to City, evidence that Recipient has applied for and has obtained, or is pursuing and will obtain, all governmental approvals and consents required for the construction of the Projects; (c) Recipient shall have provided to City proof of insurance coverage as required in this contract; (d) Recipient shall have submitted to City a Disbursement Request, along with all other information and documentation required pursuant to Section 1.5 hereof; 25 AGENDA ITEM # 8E JANUARY 10, 2011 (e) Recipient shall have provided to City, in form and substance satisfactory to City, each document, certificate and instrument required from Recipient under this contract; (f) City shall have received a satisfactory inspection report from City Inspector pursuant to Section 1.6 hereof; (g) Recipient shall have provided to City, in form and substance satisfactory to City, an updated Budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the Improvements and the Projects; and (h) Recipient shall have provided to City, in form and substance satisfactory to City, any such other document, instrument, information, agreement or certificate City may require. 1.7.3 Subsequent Disbursements The obligation of City to make subsequent Disbursements is conditioned upon the occurrence of each of the following: (a) Recipient shall have submitted to City a Disbursement Request, along with all other information and documentation required pursuant to Section 1.5 hereof; (b) Recipient shall have provided to City, in form and substance satisfactory to City, each document, certificate and instrument required from Recipient under this contract; (c) City shall have received a satisfactory inspection report from City Inspector pursuant to Section 1.6 hereof; (d) Recipient shall have provided to City, in form and substance satisfactory to City, an updated Budget showing the amount of money actually spent by Recipient on particular items and the remaining costs of the Improvements and the Projects and (e) Recipient shall have provided to City, in form and substance satisfactory to City, any such other document, instrument, information, agreement or certificate City may require. 1.7.4 Conditions to Final Disbursement The obligation of City to make the Final Disbursement is conditioned upon the occurrence of each of the following: (a) Recipient shall have completed each of the items set forth in subsection 1.7.3 hereof; (b) Recipient shall have provided to City, in form and substance satisfactory to City, a final "as- built" survey in compliance with the requirements hereof; (c) Recipient shall have provided to City, in form and substance satisfactory to City, evidence that Recipient has procured an "all- risk" hazard insurance policy; and (d) Recipient shall have completed each of the Projects Completion Conditions set forth hereof. 26 AGENDA ITEM # 8E JANUARY 10, 2011 1.8 No Warranty by City Nothing contained in this contract or any other document attached hereto or contemplated hereby shall constitute or create any duty on or warranty by City regarding (a) the accuracy or reasonableness of the Budget, (b) the feasibility or quality of the Construction Documents, (c) the proper application by Recipient of the Proceeds, (d) the quality or condition of the Projects, including the Improvements, or (e) the competence or qualifications of any third party furnishing services, labor or materials in connection with the construction of the Projects, including the Improvements. Recipient acknowledges that Recipient has not relied and will not rely upon any experience, awareness or expertise of City, or the City's Inspector, regarding the aforesaid matters. 27 AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT C Page 1C MONTHLY STATUS REPORT To: Housing & Neighborhoods Department Contract No. 214 North Hogan Street, 8th Floor Report No. Jacksonville, Florida 32202 Project No. 004415 Recipient: City of Atlantic Beach Project: Donner Park Improvements Report Period: to Person Filling Out Report: _ Date Submitted: PROGRESS REPORT: Describe progress to date on: A. Maintaining documentation that ensures eligibility and low mod area (LMA) compliance with the National Objective of the Community Development Block Grant (CDBG) Program. B. Install lighting for basketball court (to energy efficient standards). Provide monthly update and expenditures. Current Month Year -to -Date C. Install security lighting for community center. Provide monthly update and expenditures. Current Month Year -to -Date D. Install security camera in Donner Park. Provide monthly update and expenditures. Current Month E F G Year -to -Date Sod baseball field in Donner Park. Provide monthly update and expenditures. Current Month Year -to -Date Grade and sod southern end of soccer field. Provide monthly update and expenditures. Current Month Year -to -Date Add paved parking area in Donner Park. Provide monthly update and expenditures. Current Month Year -to -Date 28 AGENDA ITEM # 8E JANUARY 10, 2011 G. Prepare bid specifications to Davis Bacon Act Labor Standards requirements and submit to the Community Development Division for review and approval prior Section 3 to the beginning of construction. Provide monthly update. Current Month Year -to -Date H. Provide a self evaluation tool with quantitative and qualitative measurements. Provide monthly update. Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the contract. HOW FUNDS WERE SPENT: A copy of all canceled checks and bank statements during that report period must be attached to the monthly report to verify the payment of previously submitted invoices and billings. Account for all checks, including any voided checks. SUPPLEMENTARY SUPPORT: Please describe matching and in -kind contributions received during this report period: ADDITIONAL COMMENTS: I certify that to the best of my knowledge the data reported is correct. Signed: Date: Title: We AGENDA ITEM # 8E JANUARY 10, 2011 EXHIBIT 1 CDBG DIRECT BENEFIT REPORT RECIPIENT: DATE SUBMITTED: PROJECT NAME: REPORT PERIOD: Please complete this form on a monthly basis for the unduplicated number of persons /households assisted by this CDBG funded project. Use this information below to determine the income level of the persons being reported. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LOW AND MODERATE INCOME (REVISED SECTION 8 INCOME LIMITS) EFFECTIVE MAY 2010 hAFr11AN FARAll v imrnhAF _ (MFn ctRF Rnn FAMILY SIZE EXTREMELY LOW (30% OF MEDIAN) VERY LOW (50% OF MEDIAN) MODERATE (80% OF MEDIAN) 1 $13,850 $23,050 $36,900 2 $15,800 $26,350 $42,150 3 $17,800 $29,650 $47,400 4 $19,750 $32,900 $52,650 5 $21,350 $35,550 $56,900 6 $22,950 $38,200 $61,100 7 $24,500 $40,800 $65,300 8 $26,100 $43,450 $69,500 Counts by Household or Persons? (H /P) American Asian American Indian /Alaskan Native Native Hawaiian /Other Pacific Islander American Indian /Alaskan Native & White Asian & White Black/African American & White American Indian /Alaskan Native & Black /African American Other Multi - Racial Female Head of Household (LMH Only) Total Racial /Ethic Group Updated 5/2010 30