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Item 4BAGENDA ITEM #~1I3 NI~1Y 8, ?006 ~. CIT'~ OF ATf,Ai °1'I'IC B1J+ ACH CITY COi~rIi~IISSION i~iEE'I'ING STAFF REPORT AGENDA ITEM: Agreement with Beaches Habitat for Utility Installation at Sawgrass Chapel Place SUBMITTED BY: Donna Kaluzniak, Utility Directo DATE: April 21, 2006 BACKGROUND: Beaches Habitat requested financial assistance to install utilities for alow- income housing project called Sawgrass Chapel Place. This small subdivision will be located on the north side of Dutton Island Road West between Mealy Street and Alley Road. The City offered to provide $50,000 of our Community Development Block Grant (CDBG) funds towazd ~„ the utility installation. The City will manage the entire utility installation project, including bidding, contract award, and ~, inspection. The estimated cost of the project is $112,000. After the project is complete and accepted, Beaches Habitat will reimburse the City for all costs that exceeded the $50,000 contribution. BUDGET: A total of $50,000 from the City's CDBG funds will be used for the project. Monies from the Water and Sewer Utility Fund in the amount of $62,000 have been transferred !~' for the remaining project costs. Beaches Habitat will reimburse the City for all costs over $50,000 upon project completion and acceptance. RECOMMENDATION: Approve the Contract Between the City of Atlantic Beach and Habitat for Humanity of the Jacksonville Beaches, Inc. and allow the Mayor to sign the contract. ATTACHMENTS: 1. Contract document. ~• REVIEWED BY CITY MANAGER: ~--- ~• ~• AGENDA IT>/~[ ~#~1B NIAY 8, ?006 CL~I*I'i'~~C'T BiJ'T'~~Ei 1 CI'T'Y OF ATLANTIC BEACH AND ,,,, HABITAT FOIL ~I~UMA't`+iITY OF THE JACKSONVILLE BEACHES, INC. THIS AGREEMENT, made and entered in duplicate as of this _ day of May, 2006, by and between the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation in Duval County, hereafter referred to as the "City", and HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC., a Florida nonprofit corporation, hereafter referred to as "Beaches Habitat". WITNESSETH: WHEREAS, the City has been awarded a Community Development Block Grant, hereafter referred to as "CDBG", by the City of Jacksonville, Florida, 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; and 1lJ]FII~ItEAS, said grant provides that the City will contract with nonprofit community groups, to administer and implement the project set forth herein; and Wfl[EItEAS, Beaches Habitat is the owner of the parcel of land located in Duval County, Florida described as follows (the "Property"): LOT .2, COLORED SURDIYISI@N, as recorded in Plat Rook _ ]~, Page 41, of the pubPic retards of Duval County, Florida, excepting therefrom any part lying wither the entrent rigkt of way of Adley Road and Dutton Island Road as now established WHEREAS, The City has agreed to contribute $SO,Ofl~.00 of its CDBG money to construct water and sewer infrastructure improvements on the Property for a new Beaches Habitat subdivision off Dutton Island Road West to be known as Sawgra.~s Chapel Place, AGENDA ITE~bI #dB NIAY 3, ?1106 .. 1!Cr~~i~r,r r>:teP~'ed to ~iS file ``~Tt:~~jeci" aS Sl:z~;:~/rl fli? the ~ tiaClled T.iill~t;/ t'~~.ln ~7r~~a1'~;~ ~~ CLii'i31~?i'+ sew &.Wicker, Inc Cansuiting Engineers; and WHEREAS, it is in the best interest of the City to enter into a special contract with Beaches Habitat for the administration of that portion of said grant; NOW, THEREFORE, in consideration of the mutual premises and covenants, the parties agree as follows: ARTICLE I Supervision ~"' 1.0 The City .agrees to perform the required services under the general coordination of the Community Development Division, Planning and Development Department, City of Jacksonville. ARTICLE II Scope of Services And Funding 2.0 The City agrees to bid and award a contract for the total cost of the Project, which is estimated at $112,000.00 2.1 The City shall retain control of all payments to the contractor until completion of the Project. The contractor shall submit all invoices to the City. 2.2. Upon completion, acceptance and final payment for the Project, the City will invoice Beaches Habitat for the contract amount that exceeds $50,000.00. 2.3 All invoices for work on the Project that exceed $50,000.00 shall name Beaches ~„ Habitat as the party responsible for payment. 2.4 The method of payment shall be according to the Financial Procedures, as established by the City. ,.. 2 AGENDA ITEM #~B NIAY 3, 006 ~.~ ~;,,~i;ii~S i~!~a.~1~,.3t sijall YrOV<ic ~? ~~^ ?> ~ ~ ~~ ~ ~r1 for %~le 13~+~+' ;,* f: shall be reviewed by the City before the Project is advertised. ~!* 2.6 The City shall be responsible for determining that all contracts are eligible to participate in Federally assisted construction projects prior to the contract award. 2.7 Beaches Habitat shall maintain documentation that insures eligibility and ~"' compliance with the National Objective of the CDBG program and number of persons served by the program, if required. ARTICLE III Indemnification 3.0 Beaches Habitat shall act as an independent contractor, and not as an employee of the City. Beaches Habitat shall be liable, and agrees to be liable for, and shall indemnify, defend and hold the City harmless from all claims, suits, judgments, or damages arising from the services required by this contract during the course of the contract to the extent allowable under ~. the law. ARTICLE IV Contract Period and Termination 4.0 This Contract shall be effective for the period beginning the day and year first above written and shall terminate upon the City's receipt of reimbursement from Beaches Habitat, unless canceled sooner with or without cause, by either party by giving thirty (30) days ~J 1VY ~Y2J`tV1111V UL'1/V Vf J4VL1 LL4JV V11{AL1V11. Y~ 3 AGENDA ITEM #4B MAY 3, ?006 ARq'1~CLE '6r ~ `Li ;'.~3~£'; ~~ S'"C5'W351ds~3aJ 5.0 The City agrees to adhere to the procurement requirements in their purchase of labor, materials, supplies, and equipment as established by the City of Jacksonville for CDBG ~"' grants and comply with all applicable Federal Laws and regulations applicable thereto. 5.1 The City agrees that there is unexpended, unencumbered, and unimpounded fiords in its CDBG appropriation to cover $50,000.00 of the cost of the Project, and provision has been made for the funds over the $50,000.00 CDBG monies to come from the City Water and Sewer Utility Fund and to receive reimbursement from Beaches Habitat. 5.2 Beaches Habitat shall include in all advertisements or promotions a statement that whole or partial funding of the Project is supplied by the City of Atlantic Beach, CDBG program. The Project shall also include a sign on the Property indicating that whole or partial ~. funding is supplied by the City of Atlantic Beach's CDBG program. Specifications for the sign ~. shall be supplied by the City. ~„ ARTICLE VI Transfer of Utility Lines ~ 6.0 Upon completion of the Project, Beaches Habitat shall transfer title to the utility lines located on the Property to the City, and the City agrees to accept ownership and maintenance of such lines. ~. 4 ~"" AGENDA ITEM #aB NIAY 8, 2006 ~. .. ~~ u 9 i ~ s'~ L ~ r d ! ~:%:~ L. i , ~i • ~._: vi:~S i Zrv+O til~~/ ti:>,.;;~,.:~.~, ~~11~ a<reernerax aS aI the G~ti' ~- and year first written above. ~*+ ATTEST: Corporate Secretary CITY OF ATLANTIC BEACH, FLORIDA By: DON WOLFSON, Mayor ' Date: HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES, INC. By: --- - Name: Title: Date: 5 w. ~* ADDRESS: City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233 ~. ~. CITE Il°'+iFORI~vIATIOI~i CONTACT PERSONS: DONNA KALUZNIAK Telephone: (904) 247-5834 Facsimile: (904) 247-5843 Email: dkaluzniak@coab.us BEACHES HABITAT INFORMATION ~. ADDRESS: CONTACT PERSONS: Beaches Habitat RALPH T. MARCELLO 1671 Francis Avenue CHUCK KENNEDY '® Atlantic Beach, FL 32233 Telephone: (904} 241-1222 Facsimile: (904) 241-4310 Email: rmarcellobh(a~bellsouth.net Federal Taxpayer Identification Number: 65-02345444 ~. 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