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HomeMy WebLinkAboutR-2013-016 MARC CDBG Administrative ServicesRESOLUTION NO. 2013 -016 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND MID AMERICA REGIONAL COUNCIL FOR PROFESSIONAL ADMINISTRATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $18,000 (Project TRIM) WHEREAS, the City of Riverside, Missouri (the "City ") evaluated proposals from consultants to provide services related to grant application drafting and administration in connection with Project TRIM; and WHEREAS, Mid - America Regional Council has been found to be highly qualified to provide such services as an independent contractor; and WHEREAS, the Board of Aldermen have determined it is in the best interest of the City to enter into an agreement with Mid - America Regional Council in substantially the same form as attached hereto as Exhibit "A' NOW, THEREFORE, BE IT RESOLVED, by the Board of Aldermen of the City of Riverside, Missouri, as follows: THAT the Agreement between the City and Mid - America Regional Council in substantially the same form attached hereto as Exhibit "A ", is hereby approved, ratified and confirmed together with consideration for the administrative services performed by Mid - America Regional Council in the amount not to exceed Twenty -five Thousand Dollars ($18,000.00). FURTHER THAT the execution and delivery of the Agreement by the Mayor and /or City Administrator is approved, and the City Administrator and city staff are authorized to take such other actions reasonably necessary to carry out the intent of the Agreement on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the /9' --day of March 2013. Mayor Kathleen L. Rose ATTEST: P Robin Littrpll, Ci Clerk Approved as to Form: L an `2 M.- AGREEMENT BETWEEN OWNER & CONSULTANT FOR PROFESSIONAL ADMINISTRATIVE SERVICES Economic Development Project — Project Trim This is an agreement made as of January 4, 2013, between City of Riverside (owner) and Mid - America Regional Council (consultant). The owner intends to perform a community development project, and the owner and consultant in consideration of their mutual covenants herein agree in respect of the performance of professional administrative services by consultant and the payment for those services by owner as set forth below. Consultant shall provide professional grant writing, professional administrative services for owner in all phases of the project to which this agreement applies, serve as the owner's representative for the project as set forth below, and shall provide professional consultation of services hereunder. Section 1 — Basic Services for Consultant 1.1 The consultant shall perform professional grant writing services, which includes the writing of the owner's Community Development Block Grant program application. Fees associated with this service are the sole responsibility of the Owner and are not eligible for CDBG payment of reimbursement. 1.2 The consultant shall perform professional administrative services as hereinafter stated, which include the administration of the owner's Community Development Block Grant Program, should the grant be awarded. The specific services of the consultant are indicated in Exhibit A, "Scope of Services." Section 2 — Owner's Responsibilities The owner shall: 2.1 Provide all criteria and full information as to owner's requirements for the project, and furnish copies of all documents related to the project. 2.2 Assist consultant by placing at his disposal all available information pertinent to the project, including previous reports and any other data relative to the project. 2.3 Give prompt written notice to consultant whenever owner observes or otherwise becomes aware of any development that affects the scope of timing of the consultant's services. 2.4 Bear all costs incidental to compliance with the requirements of Section 2. Section 3 — Period of Service 3.1 The provisions of this Section 3 and the rates of compensation for the consultant's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the project through completion. 3.2 The contractor agrees to complete the project by the ending date identified in the owner's "Grant Agreement" with the Missouri Department of Economic Development for the Community Development Block Grant Program from which part of the project has been financed. 3.3 If the owner has requested significant modifications or changes in the extent of the project, the time of performance of consultant's services and his rates of compensation shall be adjusted appropriately. Section 4 — Payments to Consultant 4.1 There shall be no payment due from the owner to the consultant for the performance of grant writing services performed under this agreement. 4.2 The maximum amount the owner shall pay the consultant for professional administrative services performed under this agreement shall not exceed $18.000.00 Compensation will be based on a fixed fee basis documented in a manner acceptable by the owner. Full payment of the fees associated with Section 4.2, agreed to by the Owner and Consultant by and through this agreement shall be contingent upon CDBG funding. In the event that grant funds are not awarded to Owner by the CDBG program, this agreement shall be terminated by Owner. 4.3 Consultant shall submit bi- monthly statements for services and expenses incurred at the time of billing. Owner shall make prompt payments in response to consultant's bi- monthly statements. Section 5 — General Considerations 5.1 The obligation to provide further services under this Agreement may be terminated by either party upon ten days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 5.2 The consultant shall comply with all applicable rules, regulations, laws, and requirements in relation to the Community Development Block Grant Program as distributed by the Missouri Department of Economic Development. 5.3 The owner and consultant each binds himself and his partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations to this agreement. 5.4 Neither owner nor consultant shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except as stated in paragraph 5.3 and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to or assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent consultant from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of service hereunder. Section 6 — Special Provisions and Exhibits 6.1 The following exhibits are attached to and made a part of this Agreement. 6.1.1 Exhibit A, "Scope of Services," consisting of one page. 6.1.2 Part II, "Terms and Conditions," consisting of five pages. 6.2 This Agreement (consisting of pages I to 9, inclusive), together with the exhibits identified above, constitute the entire agreement between the owner and consultant and supersede all prior written or oral understandings. This agreement and said exhibits may only be amended, supplemented, modified, or canceled by a duly executed written instrument. In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first above written. 1� i ►• Consultant: Note: Attach Section 3 provisions to Administrative Contract. PROFESSIONAL SERVICES AGREEMENT (CONTINUED) EXHIBIT A - SCOPE OF SERVICE The consultant shall complete, in a professional and timely manner, the following services relative to the owner's Community Development Block Grant Program. Such actions shall be performed in a manner prescribed by the Missouri Department of Economic Development. 1. Financial Management (accounting, file maintenance, cost documentation, Part 85/A -87 conformance, RFF preparation, check writing, bank statement reconciliation, and related matters) 2. Environmental Review — including completion of the entire Environmental Review Record and designation as Environmental Review Officer. Publications and related costs shall be the responsibility of the Owner. 3. Labor Standards Compliance — including review of weekly payrolls, wage rates requests for bidders, and employee interviews. 4. Civil Rights Compliance — including fair housing activities and analysis of impediments activities. 5. Public Participation Requirements (owner to pay for public notices). 6. Preparation of contract documents, except for engineering/construction specifications, bids and construction agreements. 7. Preparation of procurement documents for professional and construction contracts and a recommendation of successful proposals or bids. 8. Completion of close -out forms and required performance reports. 9. Preparation of guidelines, procedures, and forms for private investment activities including employment documentation. 10. Preparation of guidelines, procedures, and forms for relocation activities, and administration of relocation procedures pursuant to the "Uniform Act" if required by the project. 11. Administer procedures required by the "Uniform Act" in relation to the acquisition of property, with the exception of any task which requires an attorney. PROFESSIONAL SERVICES AGREEMENT (CONTINUED) CONTRACT FOR PROFESSIONAL SERVICES ADDITIONAL TERMS AND CONDITIONS Termination of Contract for Cause If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant under this Contract shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set -off until such time as the exact amount of damages due the City from the Consultant is determined. 2. Termination for Convenience of the City The City may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the City as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Consultant, Paragraph 1 hereof relative to termination shall apply. 3. Changes The City may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract. 4. Personnel a. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All of the services required hereunder will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. c. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 5. Assi agn bility The Consultant shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or invitation), without the prior written consent of the City thereto. Provided, however, that the claims for money by the Consultant from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 6. Reports and Information The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and Audits The Consultant shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal and non - Federal shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City. 8. Findings Confidential All of the reports, information, date, etc. prepared or assembled by the Consultant under this Contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 9. Copyright No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. 10. Compliance with Local Laws The Consultant shall comply with all applicable laws, ordinances, and codes of the State and local governments, and the Consultant shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. Equal Employment Opportunity During the performance of this Contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, religion, or sex. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, religion, or sex. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non - discrimination clause. b. The Consultant will, in all solicitation or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, religion, or sex. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f In the event of the Consultant's noncompliance with the non - discrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The Consultant will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204, Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, the Consultant may request the United States Government to enter into such litigation to protect the interests of the United States. 12. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. Section 109(a) of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. 14. "Section 3" Compliance in the Provision of Training, Employment, and Business Opportunities a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work, in connection with the project, be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. 15. Section 503 of the Rehabilitation Act of 1973 as amended, provides for the nondiscrimination in contractor employment. All recipients of Federal funds must certify to the following through all contracts issued. Affirmative Action for Handicapped Workers a. The consultant will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The consultant agrees to take affirmative action to employ, advance in employment, and to otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices, such as employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. b. The consultant agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the consultant's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the consultant's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of the applicants and employees. e. The consultant will notify each labor union or representative of workers, if applicable, with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f. The consultant will include the provisions of this clause in every subcontract, if applicable, or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The consultant will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 16. Section 504 of the Rehabilitation Act of 1973 as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his handicap in benefiting from any program or activity receiving Federal financial assistance. All recipients must certify to compliance with all provisions of this Section. 17. Ave Discrimination Act of 1975 No person in the United States, on the basis of age, shall be excluded from participation in, be denied benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. 18. Interest of Members of a City No member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to assure compliance. 19. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Consultant shall take appropriate steps to assure compliance. 20. Interest of Consultant and Employees The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. 21. Americans with Disabilities Act The Consultant shall comply with applicable provisions of the Americans with Disabilities Act of 1991. In particular, Consultant shall assist the Owner in compliance by including appropriate language in all public documents and reports notifying persons with disabilities of Consultant's policy of providing accommodations (i.e. interpreter, large print reader, hearing assistance) to persons who need such assistance to participate in the project. 22. Prohibition against Substance Abuse The Consultant shall provide the Owner with a copy of its drug -free workplace policy statement upon request. 23. Governing Law This Agreement shall be interpreted under and governed by the laws of the State of Missouri. Whenever there is no applicable state statute or decisional precedent governing the interpretation of the Agreement, then federal common law shall govern. 24. Notices Any action taken by Consultant under this Agreement may be taken by David A. Warm, Executive Director, or such other person as Consultant may designate for such purpose by written notice to the Owner. All compensation and written notices shall be considered to be properly given if mailed, delivered in person or transmitted by facsimile machine to: David A. Warm Executive Director Mid - America Regional Council 600 Broadway, Suite 300 Kansas City, Missouri 64105 Kathleen Rose Mayor City of Riverside 2950 NW Vivion Road Riverside, MO 64150 10 STATE OF MISSOURI ) )ss COUNTY OF JACKSON ) AFFIDAVIT (as required by Section 285.530, Revised Statues of Missouri) As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603. KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). BEFORE ME, the undersigned authority, personally appeared Dorothy Pope who, being duly swom, states on her oath or affirmation as follows: My name is Dorothy Poke and I am currently the Director of Financial Affairs of Mid - America Regional Council (MARC) (hereinafter "Contractor "), whose business address is 600 Broadway, Suite 200, Kansas City, MO 64105 "and I am authorized to make this Affidavit. 1. I am of sound mind and capable of making this Affidavit and am personally acquainted with the facts stated herein. 2. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and 3. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 4. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, Affiant sayeth not. & ), Signature of® nt Wriature of Notary 11 Subscribed and sworn to before me