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
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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.