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
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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
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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.
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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
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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
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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;
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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.
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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.
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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
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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