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Exh 8J g~. 9-Z~-9'9 STAFF REPORT AGENDA ITEM: SUBMITTED BY: Approval of 1999/2000 CDBG Contract George Worley II, Community Development Director ~ri~ DATE: September 8, 1999 BACKGROUND: Attached is the proposed contract between the City of Jacksonville and the City of Atlantic Beach for $150,000 of Community Development Block Grant funds. These funds are received by the City of Jacksonville from the Department of Housing and Urban Development in Washington D.C. Jacksonville receives an amount based, in part, on the population of their service area. By interlocal agreement the City of Atlantic Beach receives an amount based on its percentage of Jacksonville's population. The City of Atlantic Beach adopted a program in 1990 for the revitalization of the initial Donner Subdivision target area which emphasized the rehabilitation of owner- occupied homes. This emphasis was to promote increased and long term owner occupancy of residential buildings rather than rental. The emphasis on rehabilitation work does not disregard the need to provide appropriate infrastructure such as water and sewer services. This proposed contract includes funds for an extension of water service lines for a block within the target area to provide improved and looped services. Also, continuation of sidewalk construction along Francis Avenue will complete a sidewalk loop through the neighborhood. As in past years, this contract also reflects the City of Atlantic Beaches continued support of the Donner Community Development by funding some of their administrative functions and supplies. This years proposed budget includes: $24,650 for both. apart-time Office Manager to assist the DCDC and the City in operations and coordination, and one half of the Donner Park Recreation Coordinators salary. R .. _... $4,000 for a Rehabilitation Inspector (this is an independent contractor). $2,650 for utilities, supplies and insurance for the DCDC office at 1671 Francis Avenue. $118,700 for rehabilitation of at least 3 homes, Francis Avenue sidewalk extension, and the installation of a water line on Richardson Lane. RECOIVIlVIENDATION: Staff recommends approval of this proposed contract and requests the City Commission authorize the Mayor to sign on behalf of the City of Atlantic Beach. ATTACHMENTS: 1) Proposed 1999/2000 CDBG Contract REVIEWED BY CITY MANAGER: AGENDA ITEM NO. CONTRACT BETWEEN,. THE CITY OF JACKSONVILLE, FLORIDA AND THE CITY OF ATLANTIC BEACH THIS AGREEMENT, made and entered in duplicate as of this 15t day of October, 1999 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 Duva! County, hereafter referred to as the Recipient. rl 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 an 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 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, fihe City hereby engages the services of the Recipient to administer and implement a portion of the Community Development Block Gran# for a Community Development projects; NOW THEREFORE, in consideration of the mutual premises and covenants, the parties agree as follows: . _ 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 it Scope 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 apart thereof. +' .. ARTICLE Ill ..Funding 3. The City agrees to pay the Recipient a maximum amount of $150,000. 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 line 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 Phis 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. 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 ail 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 i, .. 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 shat! be liable, and agrees to be liable for, and shall indemnify, defend and hold the City harmless from all claims, 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. ' ARTICLE Vl Contract Period and Termination 6: This contract shat[ be effective for the period beginning the 15t day of October, 1999, and shall terminate on the 315 day of August, 2000, 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 E~ 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. _- ' 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 Contract's with State, Local, and Federally Recognized Indian Tribal Governments", and with the following 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 8 - 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}j 85.21 Payment requirements (except as modit<ed 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 ARTICLE VI11 ~~ General Provisions 8. The Recipient shalt .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. !f 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. OMS 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 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). ARTfCLE fX Conflict of Interest !' 9. !n 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 FMB 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 fnancial 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 9.1 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. __. __ __ __ 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 t 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 Section 109 of the Act ' X Labor Standards ~, •~ X National Flood Insurance Program Relocation and Acquisition ~ 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 X -Use of Debarred, Suspended or Ineligible Contractors or Subrecipients Displacement X ~ Nondiscrimination Based on Handicap X Section 504 of the Rehabilitation Act of 1973 .X Environmental Protection Agency Regulations X National Environmental Policy Act of 1969 __ _ - -_ tN WITNESS WHEREOF, the parties hereto duly execute this agreement as of the day and year first writfen above. ATTEST:. CITY OF JACKSONVILLE, FLORIDA Corporate Secretary BY: John A. Delaney, Mayor Date WITNESS: CITY OF ATLANTIC BEACH Recipient's Witness BY: Recipient`s Signature Date Date Name _Suzanne Shaughnessy Title Mayor IN COMPLIANCE with the Charter of the City of Jacksonvtile, t 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: Director of Finance Date • Account #PDCDIA1 BGAB-04938 - $27,300.00 Assistant Counsel Account #PDCD1A1BCAB-06504-$122,700.00 Grant PD0001 Grant Detail 00 Date Amount $ 150,000.00 Contract # COMMUNITY DEVELOPMENT ,~ ,~ ,~ ~ ~ ,~ .~ ,~ ,~ ,~ ,~ ACCOUNTIN G RECIPIENT INFORMATION ~ ~Z 4 APPROVED DATE ADDRESS: CONTACT PERS City of Atlantic Beach George Worley 800 Seminole Road •~ TITLE Community Development Director Atlantic Beach. FL 32223 PHONE 5904) 247-5817 Federal Taxpayer Identification Number: 26-02-107391-54C __ ' ATTACHMENT A .Page 1 L 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 three 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 a Donner Community Development Corporation Office Manager to coordinate the Donner CDC activities and oversee the program compliance. . E. Provide operational costs for the Donner CDC which will consist of the reimbursement of utilities and supplies. F. Installation of 600 linear ft. of sidewalk on East Side of Francis Ave. G. Installation of sewer main on Ardella Road. --- . 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 Block 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 shall be supplied by the City. B. The following Labor Standards requirements shall be followed for construction contracts covered by these provisions: 7. Wage Decisions and Federal Labor Standards provisions will be provided to the Recipient by the City. The Wage Decisions and Federal labor Standards steal! 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 eligble to participate in Federally-assisted construction projects prior to the contract award. 4. All participating contractors shall attend a preconstruction 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. C. It steal! 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 8 income limits. __ -_ ATTACHMENT B _ Page 1 FINANCIAL PROCEDURES - - ' L~ BUDGET The Recipient shall adhere to the following budget in the administration of this contract. A. Adm inistrative Costs 1. Wages & Salaries $ 9,000,00 2. Fringe Benefits ~ $ 2,700.00 3. ConsuitantlContract . Services $ -0- •~ 4. ~~ Travel $ 150.00 5. Insurance $ 450.00 6. Space Costs & Rental $ -0- 7. Utilities & Telephone $ 1.200.00 8. Other Costs $ 1,000.00 " (Offtce Supplies & ' Equipment Rental) '" Total Adminis trative Cost $ .14.500.00 B. Activity Costs 1. Consultant/Contract Services $ 135,500,00 2 Materials $ -0- 3. Supplies $ -0- 4. Equipment Purchase $ -0- 5. Equipment RentaULease $ -0- 6. Transportation $ -0- 9. Other Costs $ -0- Total Activity Costs $ 135,500.00 TOTAL $ 150,000.00 ' ATTACHMENT B Page 2 Line Itemization LA.1. Warms and Saiaries Part-time Donner CDC Office Manager $ 9,000.00 Total $ 9,000.00 I.A.2.. Fringe Benefits F(CA/MEDlWorkers Camp. for Once Manager $ 2,700.00 *, Total $ 2,700.00 LA.4. Travel Travel costs for Office Manager @ .31 per mile $ 150.00 Total $ 150.00 ' I.A.5. Insurance Insurance for DCDC ~ $ 450.00 Total $ 450.00 _ i.A.7. Utiiities & Telephone Electric and Phone Services $ 1,200.00 Total $ 1,200.00 LA.8. Other Office Supplies and Rental Equipment for DCDC $ 1,000.00 Total $ 1,000.00 L6.1. Consultant/Contract Services Part-time Recreation Coordinator $ 12,800.00 Installation of Sewer Main $ 63,700.00 Rehab minimum of 3 houses $ 50,000.00 Sidewalk Construction $ 5,000.00 Part-time Rehab Inspector $ 4,OOOAO Total $ 135,500.00 ATTACHMENT B . _ Page 3 1lL 'METHOD OF PAYMENT A. Reimbursement Unless otherwise stated, aii contract funds will be released on a reimbursement basis. Cash request forms (Attachment B, Page 5) 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. f, .. 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. 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, 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, "form" 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 fn addition to meeting the requirements of Article VIII of this contract, which outlines the required procurement procedures and documentation for purchase from under $500 to over $12,000, al( purchases for items over $500 must receive prior approval from the Community Development Division. Items not specifically identified in this contract will not be reimburse with CDBG funds. ~, .. ATTACHMENT B Page 5 ' CASH REQUEST FORM CDBG . Name City of Atlantic Beach Request Number . Address 800 Seminole Road Contract Number Atlantic Beach FL 322 Phone Number !9041247-5800 Tax tD No. 26-02-107391-54C Fax Number (9041274-5805 • Date Submitted 1. Contract funds received to date $ 2. Contract funds disbursed to date $ ,~ 3. Contact funds previously requested but not yet received. ~ $ 4. Amount of this request $ All contract funds must be disbursed within three days of receipt. If line 2 does not equal line 1, please explain. Requested This Line Item Budset To Date Request Balance I.A.1. Wages & Salaries $ 9,000.00 $ $ $ I.A.2. Fringe Benefits $ 2,700.00 $ $ $ I A 4 Trave] nn ~n $ i $ $ $ . . . . ___.s I.A.S. Insurance $ nSn nn $ $ $ I.A 8. Other Office Supplies 900.00 $ 1 $ $ $ . , I.B.1. Contract Services $135,500.00 $ $ $ Totals $150,000.00 $ $ $ *Please include funds requested by not yet received from line 3 in this column. COMMENTS Bank Account #~ l certify that the data above is correct and the amount of the cash requested does not exceed current needs. Signed Date Title MONTHLY STATUS'REPORT TO: COMMUNITY DEVELOPMENT DIVISION CONTRACT NO. 128 E. FORSYTH STREET, STE. 600 REPORT NO. RECIPIENT: PROJECT: ' REPORT PERIOD: to Date Submitted %' PERSON FILLING OUT REPORT: ~~ PROGRESS REPORT: Describe progress to date on: A. Funding a licensed part-time Rehabilitation Inspector to coordinate and ensure proper rehabilitation of selected homes. 8. Rehabilitation of a minimum of 3 homes of income-eligible, owner occupied residents in the Donner Redevelopment area. Provide Direct Beneficiary Information as Indicated Below for: Number of Households/Persons Directly Assisted No. of Low and Low white not Black not Am. Hispanic AsiaN Female Hsids/ Mod Income Hispanic Hispanic lndiaN Pacific Headed Persons Income Origin Origin Alaskan Islander Hshids Assisted Native C. Providing a Recreation Coordinator for .Donner Park. Providing organized recreational program for 30 to 60 low and moderate income persons in the area served by the park. Providing statistical information on number of unduplicated persons served. Provide Direct Beneficiary Information as Indicated Below for: Number of HouseholdslPersons Directly Assisted No. of Low and Low White not Black not Am. Hispanic AsiaN Female Hslds/ Mod Income ~~Hispanic Hispanic Indian/ Pacific Headed Persons Income Origin Origin Aiaskan Islander Hshids Assisted Native ___ ATTACHMENT C Page 2 D. Providing administrative costs for an office Manager to coordinate project activities and oversee the program reporting and compliance. E. Providing operational costs for the Donner CDC consisting of the reimbursement of utilities and supplies. . j+ F. Installation of 600 ft. of sidewalk on Francis Avenue. G. Installation of sewer main on Ardella Road. H. Providing aself-evaluation tool with quantitative and qualitative measurements. Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the contract. ATTACHMENT C Page 3 HOW FUNDS WERE SPEND: . A copy of all canceled checks and bank statements during that report period. must be attached to the rrionthly report to verify tfie payment of previously submitted invoices and billings. Account for all checks, including any voided checks. SUPPLEMENTARY SUPPORT: . Pease 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. Sign Date Title __