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City Council |
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Agenda Request |
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Agenda Of: |
10-03-06 |
Agenda Request
No: |
III D |
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Initiated By: |
Matthew Fielder,
Economic Development Manager |
Responsible
Department: |
Economic
Development |
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Presented By: |
Matthew Fielder,
Economic Development Manager |
Department
Head: |
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Additional
Department. Head (s): |
N/A |
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Subject /
Proceeding: |
Administration of CDBG Program Approve contract with MKP Consulting in the
amount of $33,000 |
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Exhibits: |
Contract |
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Clearances |
Approval |
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Legal: |
Joe Morris, City
Attorney |
Executive
Director: |
Joe Esch,
Business & Intergovernmental relations |
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Purchasing: |
N/A |
Asst. City
Manager: |
N/A |
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Budget: |
Jennifer Brown Assistant Fiscal
Services Director |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure
Required: $ |
33,000 |
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Amount
Budgeted/Reallocation: $ |
33,000 |
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Additional
Appropriation: $ |
0 |
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Recommended
Action |
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Approve contract with MKP Consulting for day-to-day administration of the FY 2007 Community Development Block Grant (CDBG) Program. |
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Executive
Summary |
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In preparation
for the City’s FY 2007 (PY 2006) Community Development Block Grant Program, staff
recommends continuing to utilize MKP Consulting for the day-to-day
administration of the grant. These
tasks include the development of the Annual Action Plan, processing of grant
agreements and invoices, environmental review, monitoring (auditing) of
grantees, and preparing the Comprehensive Annual Performance Report for FY
2006. The outsourcing
of these administrative functions has benefited the City in two ways. First, MKP has considerable experience in the
community development field and numerous contacts within the Department of
Housing and Urban Development that are unavailable to staff. Second, additional staff would be required
to perform these duties if the City were to undertake them internally. MKP has agreed to perform these tasks at a
cost of $33,000, which is $3,000 less than the City experienced last
year. This is due to the reduction in
CDBG funding received by the City. The
total contract amount for the MKP contract is $33,000 and is half the 20%
administrative cap allowed by HUD regulations. This amount is consistent with the budgeted
amount approved in this years CDBG annual action plan and the amount funded
in the fiscal year 2006/07 budget. |
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Exhibits |
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CITY OF
GENERAL
SERVICES CONTRACT
Revised 4/17/06
This
Contract (Contract) is made between the City of Sugar Land,
I.
Summary of Contract Terms
II.
Signatures
III.
Standard Contractual Provisions
IV.
Special Terms and Conditions
V. Contract Attachments
I. Summary of Contract Terms.
Contractor: MKP Consulting
Description
of Services: Management of City of
Block
Grant Program
Maximum
Contract Amount: $33,000
Effective
Date: On the latest date of the dates executed
by both parties
Termination Date: Upon completion of all obligations by both parties
signing below, the parties agree to the terms
of this Contract:
CITY OF
________________________________ _________________________________
Signed
by: Date: __________________ Title:______________________________
____City
Manager
____Assistant
City Manager Date:
_____________________________
____Director
____
Program Manager
*Contract
Signature Authority: Program Manager -$3,000 or less
Director
- $15,000 or less
City
Manager/Assistant City Managers - over $15,000 or no expenditure required
Attest: City Secretary
_________________________________
Reviewed
for Legal Compliance:
III. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids
or received proposals as described in this Contract.
B. Services and Payment. Contractor will furnish Services to the City
in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the
Services provided at intervals of at least 30 days, except for the final
billing. The City shall pay Contractor for the Services in accordance with the
terms of this Contract, but all payments to be made by the City to Contractor,
including the time of payment and the payment of interest on overdue amounts,
are subject to the applicable provisions of Chapter 2251 of the Government
Code.
C. Termination Provisions.
(1)
City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City’s own convenience where
the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under
this paragraph, the
City will pay the Contractor for all services rendered in accordance with this
Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract
as provided in this paragraph if the other party fails to comply with its
terms. The party alleging the default
will give the other party notice of the default in writing citing the terms of
the Contract that have been breached and what action the defaulting party must
take to cure the default. If the party
in default fails to cure the default as specified in the notice, the party
giving the notice of default may terminate this Contract by written notice to
the other party, specifying the date of termination. Termination of this Contract under this
paragraph does not affect the right of either party to seek remedies for breach
of the Contract as allowed by law, including any damages or costs suffered by
either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City’s fiscal year in
which it becomes effective or provides for the City to make any payment during
any of the City’s fiscal years following the City’s fiscal year in which this
Contract becomes effective and the City fails to appropriate funds to make any
required Contract payment for that successive fiscal year and there are no
funds from the City’s sale of debt instruments to make the required payment,
then this Contract automatically terminates at the beginning of the first day
of the City’s successive fiscal year of the Contract for which the City has not
appropriated funds or otherwise provided for funds to make a required payment under
the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that
limits the Contractor’s liability to the City or releases the Contractor from
liability to the City for actual or compensatory damages, loss, or costs
arising from the performance of this Contract or that provides for contractual
indemnity by one party to the other party to this Contract is not applicable or
effective under this Contract. Except
where an Additional Contract Document provided by the City provides otherwise,
each party to this Contract is responsible for defending against and liable for
paying any claim, suit, or judgment for damages, loss, or costs arising from
that party's negligent acts or omissions in the performance of this Contract in
accordance with applicable law. This provision does not affect the right of
either party to this Contract who is sued by a third party for acts or
omissions arising from this Contract to bring in the other party to this
Contract as a third-party defendant as allowed by law.
E.
Assignment. The Contractor shall not assign this Contract
without the prior written consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the
State of
G. Entire Contract. This Contract represents the entire Contract
between the City and the Contractor and supersedes all prior negotiations,
representations, or contracts, either written or oral. This Contract may be amended only by written
instrument signed by both parties.
H. Independent
Contractor. Contractor shall
perform the work under this Contract as an independent contractor and not as an
employee of the City. The City has no
right to supervise, direct, or control the Contractor or Contractor’s officers
or employees in the means, methods, or details of the work to be performed by
Contractor under this Contract. The City
and Contractor agree that the work performed under this Contract is not
inherently dangerous, that Contractor will perform the work in a workmanlike
manner, and that Contractor will take proper care and precautions to insure the
safety of Contractor’s officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means
to resolve any disputes that may arise between them regarding this
Contract. If either party disputes any
matter relating to this Contract, the parties agree to try in good faith,
before bringing any legal action, to settle the dispute by submitting the
matter to mediation before a third party who will be selected by agreement of
the parties. The parties will each pay one-half of the mediator’s fees.
J. Attorney’s Fees. Should either party to this Contract bring
suit against the other party for breach of contract or for any other cause
relating to this Contract, neither party will seek or be entitled to an award
of attorney’s fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of
this Contract is invalid or unlawful, the remainder of the Contract continues
to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract
Documents. The
following specified documents attached to this Contract are part of this
Contract, except as follows: any
provision contained in any of the Contractor’s Additional Contract Documents
specified below that conflicts with a Contract provision not included in the
Contractor’s Additional Contract Documents, does not apply to this
Contract.
A. Contractor’s Additional Contract Documents:
1. MKP Consulting Proposal (2 pages)
B.
City’s Additional Contract Documents: None.
Scope of Services to Continue Managing City
Attached is a scope of services
for MKP Consulting, in association with Community Solutions, for the seamless
continuation of the City of Sugar Land’s HUD CDBG program management. The program year for which this proposal is
aimed is PY2006, October 1, 2006 – September 30, 2007. MKP Consulting proposes to provide all of the
necessary annual services for $33,000. MKP Consulting
proposes to invoice the City of Sugar Land monthly at a rate of $2,750 (1/12 of
$33,000).
The scope of services outlined are those required by HUD to
fulfill all the legislative requirements of the CDBG program and to best
maximize the impact of the CDBG funds.
Any additional services that are requested by the City staff can be
negotiated as they arise as part of this contract or to be contracted
separately, depending on the scope and cost.
Such additional services may include, but not be limited to, the
development of proposals for Section 108 funding, Brownfield redevelopment
funding, lead based paint hazard control or other such programs that would
benefit the City and enhance the use of CDBG funding.
Annual Activities To be performed
by MKP Consulting
in association with Community
Solutions
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Activities |
Dates |
Estimated Hours |
Travel* |
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PY2005
Activities to Complete During PY2006 (through 12/31/06) ($6,000) |
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Close out
PY2005’s finanacials, reconcile accounts, prepare & submit CAPER |
9/15/06-12/31/06 |
50 |
4 trips
for Harper from |
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PY2006
Activities to Complete During PY2006 (through 9/30/07) ($27,000) |
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Initial
meeting with all subrecipients to explain processes |
10/1/06-10/31/06 |
16 |
1 trips
for each Purser and Harper |
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Three
monitoring meetings of all subrecipients |
1/1/07-9/30/07 |
75 |
3 trips
for Harper |
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Maintain
IDIS files with City staff |
10/1/06-9/30/07 |
48 |
3 trips
for Harper |
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Provide
technical assistance to City staff on CDBG matters and related HUD funding
potentials |
10/1/06-9/30/07 |
36 |
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Determine
PY2007 funding levels and general distributions |
4/1/07-5/31/07 |
6 |
1 trip
for Purser |
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Conduct
PY2007 processes for soliciting, accepting and approving subrecipients for
PY2007 funding (including distribution of RFP, conducting pre-proposal
workshop, receiving proposals, reviewing proposals, making recommendations) |
4/1/07-6/30/07 |
48 |
2 trips
for Purser |
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Developing
Annual Action Plan (including public hearings and presentations to City
Council) |
6/1/07-7/15/07 |
40 |
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Prepare
Environmental Review documents and Release of Funds documents to agencies and
HUD for PY2006 funding |
7/1/07-8/15/07 |
24 |
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Attend
any required workshops or meetings at |
10/1/06-9/30/07 |
24 |
1 trip
for Purser |
Estimated Total Hours
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365 |
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