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Exh 8BAGENDA ITEM #8B OCTOBER 14, 2002 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request to approve and authorize signing of Fiscal Year 2002- 2003 Community Development Block Grant (CDBG) Contract SUBMITTED BY: Sonya Doerr, AICP SAD Community Development Director DATE: October 04, 2002 , BACKGROUND: The FY 2002-2003 CDBG contract includes $148,326 for new projects, in accordance with the grant application and ~ projects authorized by the Commission in January of this year. An itemized allocation of funds is provided within Contract Attachment B, Page 2A, and the projects are described in Scope of Services, Attachment A, Page 1, and include: • $32,400 for sidewalks on Francis, Jordan and Jackson Streets and Simmons Road • $5,600 for streetlights on Jordan Street • $89,000 for Jordan Street paving • $21,326 for housing rehabilitation and correction of building code and code enforcement violations The Scope of Services and the new contract also includes the re-appropriation of $32,332.06 from the FY 2001-2002 grant, providing for a total of $180,658.06 to be expended on CDBG projects in the coming contract year, which shall end September 30, 2003. The old funds will be used to continue with previously authorized projects that were unable to~be fully completed by September 30, 2002. These include $10,825 for low and moderate income housing rehabilitation; $12,111 for Donner and Jordan Park neighborhood improvements and $9,395 for new sewer line design and engineering within the CDBG Project Area. BUDGET: CDBG budget as approved, and mid-year adjustment to incorporate remaining FY 2001-2002 funds into the City's FY 2002-2003 budget. RECOMMENDATION: Approve contract and authorize City Manager to sign documents as required to execute and complete 2002-2003 CDBG contract. ATTACHMENTS: Fiscal Year 2002-2003 CDBG contract. REVIEWED BY CITY MANAG AGENDA ITEM #8B OCTOBER 14, 2002 CONTRACT BETWEEN THE CITY OF JACKSONVILLE, FLORIDA AND THE CITY OF ATLANTIC BEACH THIS AGREEMENT, made and entered in duplicate as of this 1St day of October, 2002 by and between the CITY OF JACKSONVILLE, a municipal corporation 'in Duval County, hereafter referred to as the City, and The City of Atlantic Beach, a municipal corporation in Duval County, hereafter referred to as the Recipient. WITNESSETH: • WHEREAS, the City has been awarded a Community Development Block Grant 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 pan urgent community need; .. ,WHEREAS, said grant provides that the City will contract with. ,nonprofit community groups, to administer and implement the project set forth therein; WHEREAS, it is iri• the best interest of the City to enter into a special contract with the Recipient for the administration of a portion of said grant; ' WHEREAS, the City hereby engages the services of the Recipient to administer and implement a portion of the Community Development Block Grant for a Community Development projects; NOW THEREFORE; in consideration of•the mutual premises and covenants, the parties agree as follows: ~ ~ • • AGENDA ITEM #3B OCTOBER 14, 2002 ARTICLE I . Supervision 1. The Recipient 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 - 2. The Recipient agrees to provide infrastructure improvements in the Donner Neighborhood Community by installing street lights, sidewalks and paving Jordan Street. The recipient further agrees to provide waterlsewer infrastructure. Funds will also be used to purchase materials and rehabilitate income eligible single. family residences that will comply with the Florida Building Code Standards. ARTICLE III Funding ~ . 3. The City agrees to pay the Recipient a maximum amount of $180,658.06. 3.1 The City shall pay this amount over the period of this contract to the Recipient for services rendered herein 3.2 The method of payment shall be according to the Financial Procedures, as described in Attachment B, attached hereto and made a part thereof. 3.3 Any unused or residual funds remaining at the termination of this contract shall revert to the City and shall~be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. . 3.4 Funds may be transferred from line item to lirie item within the line items specified in Attachment B only with prior written approval of the City, provided that no expenditure shall exceed the maximum indebtedness of this contract. 3.5 The use of funds described in this agreement is,subject to the written approval of the United States Department of Housing and Urban Development. 2 AGENDA ITEM #8B OCTOBER 14, 2002 ARTICLE IV Reporting 4. The Recipient shall provide the City with a monthly report of all activities, including a narrative summary of progress, and a financial statement showing all expenditures appropriate to the project, and evidence of meeting one of the primary objectives of the Community Development Block Grant Program as described in Attachment A. 4.1 The Recipient shall use the report form that has been approved by the City, as described in Attachment C, attached hereto and made a part thereof. 4.2 The report shall be due on the fifteenth day of each month and shall continue until all information concerning the project has been received by the City. 4.3 The Recipient's failure to submit monthly reports shall give cause for further payments to the Recipient being withheld. 4.4 The Recipient shall provide the City with additional program information as needed. ARTICLE V Indemnification 5. :The Recipient shall act as an independent contractor, and not as an employee of the City, in operating the aforementioned services. The Recipient 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 operating of the services required by this contract during the course of the contract to the extent allowable under the law. 3 AGENDA ITEM #8B OCTOBER 14, 2002 ARTICLE VI Contract Period and Termination 6. This contract shall be effective for the period beginning the 15t day of October, 2002, and shall terminate on the 30th day of September, 2003, unless canceled sooner. with or without cause, by either. party by giving thirty (30) days prior written notice of such cancellation. 6.1 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 85.43 and, in accordance with 24 CFR 85.44, included here as Attachment D, the award may be terminated for convenience. 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 sha11 reimburse payments that were expended up to that date of the termination only. 4 AGENDA ITEM #3B OCTOBER 14, 2002 ARTICLE VII Uniform Administrative Requirements 7. The Recipient shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments", and with the fallowing sections of 24 CFR 85, "Administrative Requirements for Grants and Cooperative.Agreements to State and Local Governments",.included in Attachment D, attached hereto and made a part thereof: Subpart A - General 85.3 Definitions 86.6 Additions and Exceptions Subpart B - Pre-Award Requirements 85.12 Special grants or subgrants conditions for "high-risk" grantees Subpart C - .Post-Award Requirements . Financial Administration '. 85.20 Standards for financial management system [except paragraph (a)] ~~---~~~ 85.21 Payment requirements (except as modified by 24 CFR, Subpart J, .570.513) 85.22 Allowable costs . 85.24 ~ Matching or cost sharing ' 85.25 Program income 85.26 Non=Federal audits Changes, Property, and Subawards 85.30 Changes under discretionary (project) awards 85.31 Real property 85.32 Equipment 85.33 Supplies .85.34 Copyrights 85.35 Subawards.to debarred and suspended parties 85.36 .Procurement [except paragraph (a)] 85.37 subgrants . Reports, Records Retention, and Enforcement . 85.40 Monitoring and reporting program performance [except paragraphs (b) through (d) and paragraph (f)] 85.41 Financial reporting [except paragraph (a), (b), and (e)] 85.42 Retention and access requirements for records 85.43 Enforcement 85.44 Termination for convenience Subpart D - After-the-Grant Requirements 85.51 Later disallowances and adjustments 85.52 Collections due s ___ i- AGENDA ITEM #8B OCTOBER 14, 2002 ARTICLE Vlll General Provisions 8. 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-128. if a grant specific audit is conducted, it must be submitted to the City no later than 120 days after the end of the contract. If included . in the Recipient's overall organizational audit (s) it must be submitted no later than 120 days following the end of each fiscal year, during which grant funds were expended. OMB Circular A-128 is included in Attachment E. 8.1 The Recipient agrees to abide by the .provisions of Chapter 112.3135, Florida Statutes, pertaining to nepotism in their performance under this contract. ~ Chapter 112.3135 is included as Attachment F, attached hereto and made a part thereof. 8.2 The Recipient agrees to abide by Cha{~ter 119, Public Records of the Florida Statutes, and its successors, attached hereto and made a part thereof as Attachment G. 8.3 The Recipient accepts these funds so appropriated in accordance with the terms of this contract and Chapter 118 Miscellaneous Appropriations of the Jacksonville Municipal Code as from time to time amended. Chapter 118 is hereby attached and made a part thereof as Attachment H. 8.4 The Recipient agrees to adhere to the following City procurement requirements in their purchase of labor, materials, supplies, and equipment: Any purchase up to $3,000.00 will require one (1) telephone or written quote. Any purchase over $3,000.00 to $6,000.00 will require two (2) telephone or written quotes. Any purchase over $6,000.00 to $12,000.00 will require three (3) written quotes. Any purchase over $12,000.00 will require a formal bid procedure (advertising and sealed bids). '. 6 AGENDA ITEM #3B OCTOBER 14, 2002 ARTICLE 1X Conflict of Interest 9. In the procurement of labor, supplies, equipment, construction and services by the Recipient or by any subrecipient, the conflict of interest provisions in 24 CFR 85.36 and OMB Circular No. A-110 shall be adhered to. 9.1 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 subrecipients 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 adecision-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 ther~o,~ or the ' ' proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 9.2 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 #8B OCTOBER 14, 2002 ; ARTICLE X Other Federal Program Requirements 10.1 The Recipient shall carry out each activity in ~ compliance with all applicable Federal laws and regulations as described in Attachment I attached hereto and made a part thereof: X Pub. L 88-352 -Title VI of the Civil Rights Act of 1964 X Pub. L. 90-284 -Title VIII of the Civil Rights Act of 1968 Executive, Order 11063 as amended by Executive Order 12259 Section 109 of the Act X Labor Standards National Flood Insurance Program Relocation, and Acquisition X Employment and Contracting Opportunities: Executive Order 11246 (41 CFR Chapter 60) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) X' Lead-Based Paint Use of Debarred, Suspended or Ineligible Contractors or Subrecipients Displacement X Nondiscrimination Based on Handicap Section 504 of.the Rehabilitation Act of 1973 X .Environmental Protection Agency Regulations .National Environmental Policy Act of 1969 Code of Federal Regulation, Title 24, Volume 1, Part 135 a AGENDA ITEM #8B OCTOBER 14, 2002 IN WITNESS WHEREOF, the parties hereto duly execute this agreement as of the day and year first written above. ATTEST: CITY OF JACKSONVILLE, FLORIDA BY: Corporate Secretary John A. Delaney, Mayor Date WITNESS: CITY OF ATLANTIC BEACH Recipient's Witness Date BY: Recipient's Signature . Date Name James Hanson Title City Manager IN COMPLIANCE with the Charter of the City of Jacfcsonville, I do hereby certify that there ~ is an unexpended, unencumbered, and unimpound balance in the appropriation to cover the foregoing contract, and provision has been made for the payment of monies provided therein to be paid. FORM APPROVED: Assistant Counsel Date Director of Finance Date Index Code: PDCD1A1 BGAB Grant: PD0001 Grant Detail: See Page 11 Project #: See Page 11 Sub-Object: ~=~~~ Amount: $ 180,668.06 Contract #: • AGENDA ITEIVI #3B . OCTOBER 14, 2002 ~ ~k ~r ~c ~r ~c ~ * * ~ ~e REC1PlENT INFORMATION ADDRESS: CONTACT PERSON: City of Atlantic Beach Sonya B. Doerr 800 Seminole Road TITLE _Community Development Director Atlantic Beach, Florida 32223 PHONE (904) 247-5827 Federal Taxpayer Identification Number: 26-02-107391-54C 10 AGENDA ITEM #8B OCTOBER 14, 2002 The City of Atlantic Beach Project Numbers Account # PDCD1A1 BGAB ~ $ 12,111.22 Grant # PDC001 Grant Detail 02 Project # 2149 Account # PDCD1A1 BGAB - $ 10,825.28 Grant # PDC001 Grant Detail 02 ~ . Project # 2151 Account # PDCD1A1 BGAB $ 9,395.56 Grant # PDC001 Grant Detail 02 Project # 2152 Account # PDCD1A1 BGAB $ 127,000.00 Grant # PDC001 Grant Detail 03 Project # 2415 Account # PDCD1A1 BGAB $ 21,326.00 Grant # PDC001 Grant Detail 03 Project # 2416 v .. ........, ,.. .,. ..... ...,,....,~.r,~ .. / .~ e..,.,,,,~.~ . _.... . __._._.m_ ___ ._... ~ . . AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT A Page 1 SCOPE OF SERVICES During the term of this contract, the Recipient agrees to: A. Infrastructure activities in the Donner Neighborhood involving sidewalk installation on Francis Avenue, Simmons Road, Jackson and Jordan Streets. B. lnstafl street lights along Jordan Street @ $700.00 each. C. Improve and pave Jordan Street to City of Atlantic .Beach Street design . standards for sub-division regulations. D. Purchase building materials to repair and rehabilitate income eligible single family residences that will meet the Florida Building Code standards. E. Provide water/sewer infrastructure. F. Provide a self evaluation tool with quantitative and qualitative~measurements AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT A Page 2 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 partia( funding of the project 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. Information on income, by family size must be provided, which ,indicates that family or individuals served meet the Federal definition of low and moderate income households, according to Federal Housing Assistance Payments Program, Section 8 income limits. 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 and Federal Labor Standards provision will be provided to the Recipient by the City. ~•The Wage Decisions and Federal Labor Standards shall be included in the Recipient's bid specifications. 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. AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT A Page 3 4. All participating contractors shall attend apre-construction meeting during which they will be advised of their obligations to comply with the statutes and regulations that govern the use ofi 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 pay[oNs. 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. AGENDA ITEM #SB OCTOBER 14, 2002 ATTACHMENT B Page 1A FINANCIAL PROCEDURES I. BUDGET The Recipient shall adhere to the following budget in the administration of this contract. 1. Administrative Costs ~A. ~ -- Personnel Services ~ B. I I Operating Expenditures ( I C. Capital Expenditures Total Administrative Costs $ ![. Services to Clients Expenditures A. Personnel Services B. Operating Expenditures 1. .. Professional Services .. $ 3,500.00 10. Other Current Charges & Obligations $ 28,651.28 C. Capital Expenditures 5. Other $148,506.78 Total Services to Clients Expenditures $180,658,06 AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT B Page 1 B Ill. Supplemental Costs 1. Matching Funds 2. In-Kind Contributions Total Supplemental Costs Total CDBG Funds . $180,658:06 Total Project Costs $180,658.06 AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT B Page 2A Line Itemization I1. Activity Costs Professional Services B.1. Licensed professionals, e.g., electricians, 3,500.00 plumber, etc. 6.10. (Other) materials to purchase for repairs and Rehab of homes $ 28,651.28 Total $ 32,151.28 Capital Expenditures 1..~.. JIC1ewaIK Insiallailon ~ 3L,4UU.UU Street lights @ $700/each $ 5,600.00 . . Paving and improvements along Jordan Street $ 89,000.00 Jordan/Dormer Park Improvements $ 12,111.22 Water/Sewer infrastructure $ 9,395.56 Total 148.506.78 AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT B Page 3A METHOD OF PAYMENT A. Reimbursement Unless otherwise stated, all contract funds will, be released on a reimbursement basis. Cash request forms (Attachment B, Page 4A) may be submitted monthly or more often, as the need for reimbursement of funds arises. 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. Cash Advance Requests for cash advances will be granted only for immediate cash needs .(excluding salaries) and only for two weeks in advance or to purchase an item or equipment more than $500. Recipients must receive .prior approval from the Community Development Division. C. 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. Requests for reimbursement of wages, salaries and fringe benefits must include copies of employee time sheets, demonstrating the number of hours worked per day and per week. Each time it must be signed by the employees.and his or her supervisor. If a full- time employee is paid partially with CDBG funds, a time distribution sheet reporting the number of hours spent working on CDBG projects and on other non-CDBG projects, AGENDA ITEM #8B OCTOBER 14, 2002 ATTACHMENT B Page 36 must be submitted. All requests for reimbursement of salary, wages and fringe benefits must be accompanied by a copy of the paycheck. Cash requests for reimbursement of mileage must ~ be accompanied by a log that identifies the employee, "from" where he or she traveled, ' "to" location, "number of miles", "odometer reading" and "purpose of trip". The ~ mileage log must be signed by the employee and his or her supervisor. D. Procurement In addition to meeting the requirements of Article VIII of this contract, which outlines the required procurement procedures and documentation for purchase from under $3,000.00 to over $12,000, all purchases for items over $500 must receive prior approval from the Community Development Division. Items not specifically identified in this contract will not be reimbursed with CDBG funds.