Exh 8B Part 1AGENDA #8B
DECEMBER 11, 2000
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Approval of Amended CDBG Annual Contract for Fiscal Yeaz
2000/2001
SUBMITTED BY: George Worley, Community Development Director ~ ~f~.1o -
DATE: December 6, 2000
BACKGROUND:
Attached is a proposed amended contract between the City of 3acksonville and the City of
Atlantic Beach for $287,918.62 of Community Development Block Grant funds. This
revised amount is a result of internal audit by the City of Jacksonville relating to un-spent
funds from previous years and additional funding requested by staff. By inter-local
agreement the City of Atlantic Beach receives an amount based on its percentage of
Jacksonville's population annually. This resulted in an expectation of approximately
$151,500 this year. The City Commission was presented with and approved a contract in
October of this year for $151,517.00. The proposed amended contract will add
$136,401.62.
The following indicates the amounts budgeted in the approved contract and the amounts
proposed in the amended budget along with a brief explanation of each line item:
Proposed
Approved budget Budget C es Explanation
$25,000.00 $41,393.02 $16
393.02 Donner Park Recreation Coordinator changed to
, full time salary
$4,500.00 $4,500.00 None Rehabilitation Inspector (contrachial position)
$47,000.00 $52,286.35 $5,286.35 Installation of a Sewer line on Ardella Road.
$13,000.00 $13,000.00 None Utility Tap-in program to convert eligible owners
to sewer service.
$62,017.00 $176,739.25 $114
722.25 Rehabilitation of4 or more owner occupied
, homes. (6 have been bid, but not yet awarded)
Totals:
$151,517.00 $287,918.62 $136,401.62
AGENDA #8B
DECEMBER 11, 2000
As can be seen the Amended Contract proposes to place the majority of the additional funds into
the Housing Rehab category at this time. These additional funds can be transferred to supplement
the Utility Tap-in program or the sewer line installation or an additional eligible project during this
fiscal yeaz. Transfer of these funds can be accomplished through our normal budget amendment
process. Staff anticipates proposing a re-distribution of some cf these funds following a review of
potential uses and needs. A proposed budget amendment will be presented to the City
Commission in January identifying needs and proposed funding levels.
BUDGET: $287,918.62
RECOMMENDATION:
Staff recomrnends the City Conunission Approve this amended contract and authorize the Mayor
to execute the document with the understanding that additional funding proposals from staff will
follow.
ATTACHMENTS:
1) Amended 2000/2001 annual CDBG Contract.
REVIEWED BY CITY MANAGER:
AGENDA #SB
DECEMBER 11, 2000
CONTP.ACT BETWEEN
THE
CITY OF JACKSONVILLE, FLORIDA
AND
THE CITY OF ATLANTIC BEACH
THIS AGREEMENT, made and entered in duplicate as of this 1°' day of October,
2000 by and between the CITY OF JACKSONVILLE, a municipal corporation in Dwal
County, hereafter refereed to as the City, and the CITY OF ATLANTIC BEACH, a
municipal corporation in Duval County, hereafter referred to as the Recipient.
WITIVESSETH:
WHEREAS, the City has been a~n~arded a Community Development Block Grant
which provides for the development, establishment and administration of projects td
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 Gity wiA contract with nonprofit
community groups, to administer and implement the project set forth therein;
WHEREAS, it is in 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 #8B
DECEMBER 11, 2000
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
$COpe of Services
2. The Recipient agrees to provide housing rehabilitation, public service and public
facility and improvement activities as described in Attachment A, attached hereto and
made a part thereof.
ARTICLE I11
Funding
3. The City agrees to pay the Recipient a maximum amount of $287,918.62..
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 transfered from line item to fine 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 contrail.
3.5 The use of funds described (n this agreement is subject to the written approval of
the United States Department of Housing and Urban Development.
AGENDA #SB
DECEMBER 11, 2000
ARTICLE IV
Reoortinc
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 bedue on the fifteenth day of each month and shall continue
until a1f 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 indemnkfy, defend and hold the City harmless from all
Gaims, suits, judgements, 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.
AGENDA #8B
DECEMBER 11, 2000
ARTICLE VI
Contract Period and Termination
6. This contract shall be effective for the period beginning the 1~ day of October,
2000, and shall terminate on the 31~ day of August, 2001, 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 shall reimburse payments that were expended up to that date of the
termination only.
AGENDA #SB
DECEMBER 11, 2000
ARTICLE VII
Uniform Administrative Recuirements
7. The Recipient shall comply with the requirements and standards of OMB Circular
No. A-87, "Principles for Determining Costs Applicable to Grants and ConVacts with
State, Local, and Federally Recognized Indian Tribal Govemments", and with the
following sections of 24 CFR 85, "Administrative Requirements for Grants and
Cooperative Agreements to State and Local Govemments", 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 - Past-Award Requirements
Financial Administration
85.20 Standards for financial management system [except paragraph (a)j
85.21 Payment requirements (except as modified by 24 CFR, Subpart J,
.570.513)
85.22 Allowable vests
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
AGENDA #8B
DECEMBER 11, 2000
ARTICLE VIII
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. 1f included in the Reapient'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 Attadtment 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 Chapter 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 $500.00 will require documentation of two phone quotes to
verify the lowest price was used in the purchase.
Any purchase over $500.00 to $2,000.00 will require two written estimates or two
phone quotes.
Any purchase over $2,000.00 to $4,000.00 will require three written estimates.
Any purchase over $4,000.00 to $8,000.00 will require four written estimates.
Any purchase over $8,000.00 to $12,000.00 will require five written estimates.
Any purchase over $12,000.00 will require a formal bid procedure (advertising
and sealed bids).
AGENDA #8B
DECEMBER 11, 2000
ARTICLE IX
Conflict of Interest
9. In the procurement of labor, supplies, equipment, construction and services by
the Recipient or by any subrecipient, the wnflid 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 thereto, 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.'i on a case-by-case basis when it determines
that such an exception will serve tc further the purposes of the Act and the effective and
efficient adminisVation of the Recipients program or project.
AGENDA#8B
DECEMBER 11, 2000
ARTICLE X
Other Federal Program Recuirements
10.1 The Recipient shall carry out each adivity in wmpliance 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
Pub. L: 90-284 -Title VIII of the Civil Rights Act of 1968
Executive Order 11063 as amended by Executive Order 12259
Sedion 109 of the Act
X Labor Standards
X National Flood Insurance Program
Relocation and Acquisition
x Employment and Contracting Opportunities:
Executive Order 11246 (41 CFR Chapter 60)
Sedion 3 of the Housing and Urban Development Ad of 1968
(12 U.S.C.1701u)
X Lead-Based Paint
X Use of Debarced, Suspended or Ineligible Contractors or Subrecipients
Displacement
X Nondiscrimination Based on Handicap
X Section 504 of the Rehabilitation Ad of 1973
X Environmental Protection Agency Regulations
X National Environmental Policy Act of 1969
Code of Federal Regulation, Title 24, Volume 1, Part 135
AGENDA #8B
DECEMBER 11, 2000
IN WITNESS WHEREOF, the parties hereto duly execute this agreement as of
the day and year first written above.
ATTEST:
CITY OF JACKSONVILLE, FLORIDA
Corporate Secretary
BY:
John A. Delaney, Mayor Date
WITNESS:
CITY OF ATLANTIC BEACH
Recipient's Witness
Date
BY:
Recipient's Signature Date
Name John Meserve
Title
1N COMPLIANCE with the Charter of the City of Jacksonville, 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 thereinto be paid.
FORM APPROVED: Director of Finance
Assistant Counsel
Account # See attached -Page 10
Grant PD0001 Grant Detail 01
Amount $ 287.918.62
Contract #
Project # See attached-Pace 10
* * * ~ r ~ * * * • COMMUNITY DEV'eLOPN1ENY
RECIPIENT INFORMATION ACCOUNTING
~~ ~2
ADDRESS: CONTACT PERSO 'PPROVED
Ciri of Atlantic Beach Georce Worlev
800 Seminole Road TITLE Community Development Director
Atlantic Beach. FL 32223 PHONE (9041 247-5817
Federal Taxpayer Identification Number: 26-02-107391-54C
AGENDA #8B
DECEMBER 11, 2000
Account# PDCD1A1BGA6-04938 1,428.26
Grant # PD0001
Grant Detail 99
Pro ect # 001025
Account# PDCDIAIBGA6-06504 137.25
Grant # PD0001
Grant Detail 99
Pro'ect # 001054
Account# PDCDIAIBGA6-06504 64702.01
Grant # PD0001
Grant Detail 99
Pro eci # 001055
Account # PDCDIAIBGA6 - 08301 5 149.10
Grant# PD0001
Grant Detail 99'
Pro'ect # 001226
Account# PDCD1A18GAB-08301 14,964.76
Grant# PD0001
Grant Detail 00
Pro'ed # 001227
Account# PDCD1A16GA6-08301 50,020.24
Grant # PD0001
Grant Detail 00
Pro'ect # 001229
Account#
Grant # PDCDIAIBGAB-08301
PD0001 13,000.00
Grant Detail 01
Pro'ect # 001853
Account#
Grant# PDCDIAIBGAB-08301
PD0001 25,000.00
Grant Detail 01
Pro'ect # 001854
Account# PDCD1A1BGA6-08301 66517.00',
Grant # PD0001
Grant Detail Ot
Pro'ect # 001855
Account#
Grant # PDC01A1BGAB-08301
PD0001 47,000
Grant Detail 01
Pro'ect# 1856
AGENDA #SB
DECEMBER 11, 2000
ATTACHMENT A
Page 1
I. SCOPE OF SERVICES
During the term of this contract, the Recipient agrees to:
A. Fund apart-time licensed Rehabilitation Inspector to coordinate and. ensure
proper rehabilitation of selected homes.
B. Rehabilitate a minimum of four homes of income-eligible, owner occupied
residents in the Donner Redevelopment area.
C. Provide a Recreation Coordinator for Donner Park. The coordinator will provide
organized recreational program for 30 to 60 low and moderate income persons in the
area served by the park. Provide statistical information on number of unduplicated
persons served
D. Provide administrative costs for an Office Manager to oversee CDBG program
compliance.
E. Fund a Utility Tap-in program, offering grants to Low. and Moderate tncome
Homeowners who want to abandon old septic tanks and tap into the city water system,
F. Installation of 1000 If of sewer main on Ardella Rdad.
AGENDA #8B
DECEMBER I1, 2000
ATTACHMENT A
Page 2
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 Blcck Grant program or wording to that effect. Construction projects shall
include a sign indicating that whole or partial 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 shaft be supplied by the City.
8. The following Labor Standards requirements shaft be followed for construction
contrails covered by these provisions:
1. Wage Decisions and Federal Labor Standards provisions wilt be provided
to the Recipient by the City. The Wage Decisions and Federal labor Standards
shalt 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 shalt be certified by the City as eligible to participate in
Federally-assisted construction projects prior to the contrail award.
4. All participating contractors shall attend a preconstruilion meeting during
which they will 6e advised of their obligations to comply withthe statutes and
regulations that govern the use of Federal funds for construction.
C. 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 that 10
days after each work week is completed.
D. 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 B
income limits.
AGENDA #8B
DECEMBER 11, 2000
ATTACHMENT B
Page 1
FINANCIAL PROCEDURES
I. BUDGET
The Recipient shall adhere to the following budget in the administration of this contract.
A Administrative Costs
1. Wages 8 Salaries $ -0-
2. Fringe Benefits $ -0.
3. ConsultanUContrad
Services $ -0.
4. Travel $ -0-
5. Insurance $ -D-
6. Space Costs & Rental $ -0-
7. Utilities & Telephone $ -0-
8. Other Costs $ -Q-
(Office Supplies &
Equipment Rental)
Total Administrative Cost $ -0-
B. Activity Costs
1. ConsultanVContract
Services $ 287.918.62
2 Materials $ •0-
3. Supplies $ -0-
4. Equipment Purchase $ -0-
5. Equipment Rental/Lease $ -0-
6. Transportation $ -Q-
9. Other Costs $ -0.
Total Activity Costs $ 287.918.62
TOTAL $ 287 918 62
AGENDA #8B
DECEMBER 17, 2000
ATTACHMENT B
Page 2
Lina Itemization
I.A1. Wages and Salaries
Total $
LA.2. Fringe Benefits
Total $
I.A.4. Travel
Total $
I.A.S. Insurance
.Total $
LA7. Utilities & Telephone
Total $
I.A.B. Other
Total $
L8.1. ConsukantlContraet Services
Recreation Coordinator $ 41,393.02
Installation of Sewer Main $ 52,286.35
Rehab minimum of 4 houses $ 176,739.25
Utility Tap-In Costs $ 13,OOD.00
part-time Rehab Inspector $ 4,500.00
Total $ 287,918.62