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HomeMy WebLinkAboutItem #11 Approval of CDBG Project Agreement for Pioneer Key II AGENDA ITEM COVER SHEET Contact Name: Contact Number: David A. Wheeler, P.E. 407 -905-3100 ext 1504 Meeting Date: September 4, 2007 Item # \ \ Reviewed By: ~. _~. ~ Department Director: ------------=- ~ _ City Manager: Subject: COBG Project Agreement for Pioneer Key II Mobile Home Park Reconstruction Background Summary: The City of Ocoee applied for and was awarded a total of $1.5 million to undertake a public infrastructure reconstruction project in the Pioneer Key II Mobile Home Park under the Orange County Community Development Block Grant (CDBG) program, a federally funded initiative. Proposed improvements include upgrades to roads, stormwater management, potable water service, and sanitary sewer utilities. Construction plans, prepared by Professional Engineering Consultants at City expense, are nearing completion. Orange County has asked the City to be responsible for bidding the work, on-site inspection of construction and providing approved progress payments from the selected contractor to the County, as work is accomplished. Construction will be difficult, as there is only a 3D-foot right of way in which to locate all road, stormwater, and utility improvements. A critical part of the project management will be strong communication between the City, the contractor, and effected residents within the mobile home park. Having the City shoulder front-line responsibilities for design, procurement, and construction provides the greatest chance for success. The offered Project Agreement between Orange County and the City of Ocoee is a standard form used throughout the county for similar projects. It imposes on the City the same conditions imposed on Orange County by the federal CDBG program-conditions that are effectively already imposed on the City through terms of the grant award. This approach allows the City to provide better control of the project within the limits of the CDBG program. Issue: Should the City of Ocoee execute the proposed Project Agreement with Orange County in order to be responsible for contractor procurement for infrastructure improvements within the Pioneer Key II Mobile Home Park? Recommendations The City Engineer recommends that the City Commission authorize the Mayor and City Clerk to execute the Project Agreement as the most efficient way for the City to make improvements to this area. Attachments: Proposed Project Agreement between the City of Ocoee and Orange County. Financial Impact: The primary impact to the City of Ocoee will be the staff costs associated with bidding the work and selecting a contractor. The City was already required by the terms of the grant to provide construction inspection services. A secondary impact will be the need for working capital, as the project is funded on a cost-reimbursement basis. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 2 For Clerk's Dept Use: _ Consent Agenda _ Public Hearing _ Regular Agenda N/A N/A N/A AGREEMENT BETWEEN ORANGE COUNTY FLORIDA AND THE CITY OF OCOEE REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into and by ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida, (hereinafter referred to as the "County") and the City of Ocoee, a municipal corporation, (hereinafter referred to as the "City"). RECIT ALS WHEREAS, the Housing and Community Development Act of 1974, as amended, makes provisions whereby urban counties may enter into cooperation agreements with certain units of local government to undertake or assist in undertaking essential activities pursuant to Community Development Block Grant (CDBG); and WHEREAS, the County and the City have entered into such a cooperation agreement, dated June 28, 1994 and said agreement is still in full force and effect; and WHEREAS, pursuant to the current Interlocal Agreement, the County may either perform CDBG activities for the City or, in the event that the parties jointly agree that it is feasible for the City to perform such services in connection with the CDBG Program; and WHEREAS, the City and County have identified the need for paving, drainage and sanitary sewer improvements for Pioneer Key Park Section 2 (hereinafter referred to as the "Project") located in the City of Ocoee; and WHEREAS, the City submitted a proposal to the County requesting monetary assistance for the Project; and WHEREAS, the County has determined that the Project would serve a valid public purpose; and WHEREAS, the Project meets a required national objective of the CDBG Program; and WHEREAS, the County desires to provide funds to the City for the Project through its CDBG Program. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: Section 1. Preamble Incorporated The above recitals are true and correct and form a material part of this Agreement. The terms and conditions of the "Community Development Block Grant Interlocal Agreement" between the County and the City, dated June 28, 1994 are hereby fully and completely incorporated herein by this reference. Section 2. Project Description. 1. The City shall design, construct, and maintain water, wastewater, drainage and roadway improvements for the Sand Dollar Drive, Sundial Key Drive, Sundial Key Court, Cokles Key Drive, Coquina Key Drive, Coral Key Drive and Periwinkle Key Drive. 2. The City shall conduct all aspects of the Project in accordance with applicable federal regulations as stated in 24 CFR Part 85 " Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments." 3. The City shall oversee all phases of the Project including but not limited to, design, permitting, solicitation of bids, award of contract, construction, on-site inspection and final approval ofthe completed Project. 4. The County shall be afforded the opportunity to review and comment on specifications and plans prior to solicitation of bids. 5. The City shall solicit and select contract vendors and services in accordance with the County's procurement policies to include purchase orders, written contracts, quotes and other applicable records. 6. The City may, by consent of the Manager of the Housing and Community Development Division, modify the budget line items in Exhibit "A". Any modification shall be consistent with items identified in the Project Description. 7. Final construction shall be completed no later than two hundred and seventy (270) consecutive calendar days from the date of Official Notice to Proceed. 8. The County may, by written consent of the Manager of the Housing and Community Development Division, extend the construction period for an additional reasonable period of time to compensate for any unavoidable delays beyond the control of the City. Section 3. Improvements and Estimated Cost. 1. The Project shall consist of, but not be limited to, design, permitting and reconstruction of approximately three thousand, nine hundred (3,900) linear feet of roadway to include installation of storm water pipes, under drains, sanitary sewer, potable water and sidewalks within the thirty (30) foot right-of-way. 2 2. The total estimated construction cost for the project is One Million, Nine Hundred Sixty Two Thousand, Five Hundred Dollars ($1,962,500.00). Section 4. Funding. 1. Subject to the terms of this Agreement, the County has designated Five Hundred Thousand Dollars ($500,0000.00) from its 2005-2006 CDBG Program and One Million Dollars ($1,000,000.00) from its 2006-2007 CDBG Program for construction of the Project. 2. The City shall allocate Four Hundred Sixty Two Thousand, Five Hundred Dollars ($462,500.00) for construction of the Project and shall be responsible for payment of all costs in excess of the estimated cost for the Project. Section 5. Expenditure of CDBG Funds. 1. All County funding shall be on a reimbursement basis. Each request shall be consistent with items in "Exhibit A" and written approval by the City's Project Manager, evidencing that the construction is satisfactorily completed. 2. City shall submit payment requests to the Program Manager, Housing and Community Development Division, 525 East South Street Orlando, Florida 32801 requesting reimbursement of Project costs. Each request shall contain the following: a. Documentation supporting completion of construction services, i.e. material and labor costs; b. Accounting records supported by documentation (e.g. copy of issued checks, invoices, payrolls and time sheets ); c. Any other documentation requested by Program Manager. 3. Upon review and approval of City's request for reimbursement, the Housing and Community Development Division shall submit for payment to the County's Office of Comptroller. The County's Office of Comptroller shall issue the check made payable to The City ofOcoee, 150 N. Lake Shore Drive, Ocoee, FL 34761. 4. The County may withhold payment of funds to the City for noncompliance under this Agreement. In such case, the Housing and Community Development Division shall provide written notice to the City specifying corrective action and a reasonable date for compliance with such action. 5. The City shall repay the County any funds paid in error to the City under the terms of this Agreement. 3 Section 6. Program Income. For the purpose of this Agreement "program income" means gross income from the rental of property owned by the City that was constructed with CDBG funds, less the cost of incidentals to generate such income. Incidentals shall include the cost of operation and maintenance. Program income in excess of cost of incidentals shall be reimbursed to the County, as applicable. Section 7. Reporting. The City shall submit a progress report to the County's Program Manager on a monthly basis indicating status ofthe Project. Section 8. Financial Management. 1. The City shall maintain financial accountability standards that conform to the requirements detailed in OMB Circular A-133 as (revised): " Audits of States, Local Governments and Nonprofit Organizations" and OMB Circular A-87 "Cost Principles for State Local and Indian Tribal Governments". These circulars provide guidance in ensuring compliance with standards of accountability in federal funds management. 2. The City shall submit a financial statement to the County's Program Manager of annual financial audits performed in accordance with the provisions of OMB Circular A-I33 or A-128, as appropriate, for the fiscal year(s) during which CDBG funds were expended. Annual audits shall include a statement indicating that the audit complit;s with the requirements of the appropriate OMB Circular a-B3 or A-128. Section 9. Term.. This Agreement shall take effect upon the full execution by all parties and shall terminate five (5) years from the date of such full execution. Section 10. Inspections. The County shall have the right to inspect construction improvements to the Project and to conduct employee interviews as required under the Federal Labor Standards Provisions. The County's inspections or lack of inspections shall not operate to relieve the City of any responsibility, obligation or liability assumed herein. Section 11. Assignment. The City shall not assign, transfer, convey or sell its interest in this Agreement to any party without the prior written consent of the County. If the City assigns, transfers, conveys or sells its interest in this Agreement to any person, entity, organization or corporation or partnership without the prior written consent of the County, this Agreement may be declared to be void by the County and the City thereupon agrees to remit to the County all CDBG funds expended by the County under the terms of this Agreement. 4 Section 12. Successors and Assigns. Subject to any contrary provisions herein, this Agreement shall inure to and bind the heirs, successors and or assigns of the parties hereto. Section 13. Breach of Agreement The failure of the City to comply with any covenants or conditions of this Agreement shall constitute a breach of this Agreement. If the City breaches this Agreement in any manner, the County may, in addition to its other rights and remedies, terminate this Agreement. The County shall terminate this Agreement by providing fifteen (15) days written notice to the City. Said notice shall be by certified mail, return notice requested. Section 14. Termination. This Agreement may be terminated at any time by mutual written consent of the parties. Section 15. Duties Upon Termination. In the event this Agreement is terminated before the end of the five (5) year term, the City agrees to reimburse the County all CDBG funds expended or allocated by the County on the Project. Section 16. Waiver of Breach. Waiver of breach of one covenant or condition of this Agreement is not a waiver of breach of other covenants and conditions of this Agreement, or of a subsequent breach of the waived covenant(s) or condition(s). Section 17. Indemnification. To the fullest extent permitted by law, the City will release, indemnify and hold harmless the County from and against any and all claims, damages, losses, and expenses, demands, suits or other actions, or liability whatsoever including reasonable attorney's fees and costs arising out of or resulting from the performance or failure to perform its operations/obligations and responsibilities under this Agreement. Section 18. Safety. 1. The City will make all reasonable precautions for, and be responsible for initiating, maintaining and supervising, all aspects of safety to p~rsons and property affected by, or involved in, the performance of its obligations under this Agreement. 2. The City shall comply with all applicable safety laws pertaining to the protection of persons or property from damage, injury or loss. 5 3. In any emergency affecting the safety of persons or property, the City will act with reasonable care and discretion, to prevent any threatened damage, injury or loss. Section 19. Disclaimer 0/ County Responsibility. Nothing contained herein shall create an obligation on the part of the County to maintain the improvements made under this Agreement. Section 20. Licenses and Permits. The City shall obtain and possess throughout the term of this Agreement, all licenses and permits necessary for the implementation of the project. Section 21. Compliance with Applicable Laws. 1. The parties agree to observe and comply with all applicable federal, state, and local rules, orders, laws and regulations pertaining to their operations under this Agreement. 2. The parties hereto shall comply with all federal laws, orders, rules and regulations pertaining to the use of any moneys granted pursuant to the Housing and Community Development Act of 1974, as amended, including, but not limited to, those listed to in "Exhibit B" as applicable. Section 22. Amendments to Agreement. The conditions and covenants of this Agreement shall not be amended of modified other than in writing approved and signed by the legally authorized representative of the parties hereto. Any such amendment or modification shall become effective upon proper approval execution by the parties. Section 23. Entire Agreement. The entire agreement between the parties with respect to the subject herein is contained in this Agreement. No other agreement oral or written, regarding the subject matter herein shall be deemed to exist or to bind the parties hereto. Section 24. Notices. All notices to either party shall be given by certified mail, return receipt requested, telegram, or in person with proof of delivery. COUNTY: Housing and Community Development Division c/o Manager 525 East South Street Orlando, FL 32801 6 With copy to: County Administrator Orange County Administration Building 201 S. Rosalind Avenue Orlando, FL 32801 CITY: Office of the City Manager City of Ocoee 150 N. Lake Shore Drive Ocoee, FL 34761 With copy to: The Honorable Mayor City of Ocoee 150 N. Lake Shore Drive Ocoee, FL 34761 Section 25. Validity. The validity, interpretation, construction and effect of this Agreement shall be in accordance with and be governed by the laws of the State of Florida, to the extent not pre-empted by or in conflict with applicable laws of the United States of America. In the event any provision hereof shall be finally determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. Section 26. Effective Date. Whereupon the parties have entered into this Agreement on the date and year first above mentioned. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. ORANGE COUNTY, FLORIDA BY: Board of County Commissioners BY: Richard T. Crotty Orange County Mayor ATTEST: Martha O. Haynie, Orange County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk OCOEE, FLORIDA Mayor ATTEST: By: Date: City of Ocoee Pioneer Key II Agreement 8 Water System Improvements Sanitary Sewer System Roads Sidewalks and Drainage EXHIBIT A PROJECT BUDGET 9 TOTAL $ 392,500 588,750 981.250 $ 1,962,500 EXHIBIT B APPLICABLE FEDERAL LAWS The parties shall comply with the following laws and regulations in the performance of this Agreement: 1. Civil rights Act of 1964, Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Labor Standards (29 CFR Subtitle A, Parts 3 and 5) pertaining to the application of the Davis-Bacon and Related Acts (the Davis-Bacon Act, the Copeland Act, and the Contract Work Hours and Safety Standards Act) to contracts and applicable requirements of the regulations of the Division of Labor. 3 . National Environmental Policy of 1969. 4. Flood Disaster Protection Act of 1973 (P.L. 93-2234) for compliance in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this Agreement. 5. Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (URA). 6. Employment Opportunities for Businesses and Lower-Income people (24 CFR Part 135, Section 3 Clause) requiring that, to the greatest extent feasible, opportunities for training and employment is given to lower income residents of the project area and contracts for work, in conjunction with the Project, be awarded to business concerns which are located in, or owned in substantial part by persons residing in the areas of the Project. 7. Lead Based Paint regulations for any construction or rehabilitation of residential structures with the assistance under this Agreement shall be subject to HUD Lead Based Paint regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub-part B thereof These regulations require to all owners, prospective owners, tenants of properties constructed prior to 1978 of hazards of lead based paint and explain symptoms, treatment and precautions that should be taken when dealing with lead based paint poisoning. 8. Govemmentwide Debarment And Suspension (Nonprocurement) prohibition of the use of contractors or subrecipients that are debarred, suspended, or ineligible under the provisions of24 CFR Part 24. 10