HomeMy WebLinkAbout20070716 - VIII-B-5VIII-B-S
Memo
To: Mayor Hicks and City Council Members
From: Justin Fortney, Associate Planner
Date: July 16, 2007
Subject: CDBG program Procedures for the Hardwire Alarm Ordinance
REQUEST
The City Council is asked to approve the Hardwire Alarm Ordinance funding program
and its associated guidelines, applications, and forms required by the Dakota County
Community Development Agency. These documents are required for a community to
receive federal CDBG (Community Development Block Grant Funds).
ATTACHMENTS
Fire Alarm Program Guidelines
This document outlines the funding program procedures and guidelines.
Application
This is an application to be filled-out by the owner seeking funds for this program.
Self-certification form
A required form to determine project eligibility for projects funded with federal
Community Development Block Grant (CDBG) funds.
Reimbursement form
This form is to be filled-out by the City to actually receive the CDBG money.
Final report form
When there will be no more reimbursement forms submitted for funding, this form will end
the program.
City of Hastings
Community Development Block Grant
Fire Alarm Program Guidelines
The City of Hastings has passed an ordinance establishing a monitored fire alarm
system in mixed occupancy buildings when one of the occupancies is residential. This
ordinance was adopted in an effort to raise the level of fire safety to citizens living in
mixed use buildings.
!n a continuing effort to support businesses and property owners in Hastings, the City of
Hastings applied for and received Community Development Block Grant (CDBG) funds
for the purpose of assisting property owners with the costs to comply with the newly
adopted regulation. Specifically, funds will be made available to match property owners'
costs by 50% up to $2,000.00 per building.
The CDBG funds have been made available to the City of Hastings through the Dakota
County Community Development Agency (CDA) on behalf of the federal Department of
Housing and Urban Development (HUD).
The passing of this ordinance along with providing monetary assistance was seen as a
practical and equally safe alternative to requiring sprinkler systems in all mixed use
buildings over 2,000 square feet in size, as was required by the previous ordinance.
The following policies and procedures have been adopted for monitored fire alarm
systems undertaken with CDBG dollars in the City of Hastings. These policies are
subject to change as recommended by the Dakota County Community Development
Agency and/or the federal Department of Housing and Urban Development.
Program Purpose: To provide financial assistance to property owners who are
installing a monitored fire alarm system in mixed occupancy buildings when one of the
occupancies is residential.
Type of Assistance: CDBG Grant.
Design Guidelines: The installed fire alarm system must comply with all applicable City
of Hastings codes
Program Objectives:
The Hastings Fire Alarm Improvement Program is undertaken to provide financial
assistance for property owners to improve fire safety deficiencies.
Projects will be chosen for participation in the program based upon afirst-come, first-
served basis until the available funds have been depleted.
Revised July, 2007
Eligible Recipients
1. The recipients must individually or in the aggregate have at least 1) a one-third
interest in the fee title, or 2) a one-third interest as purchaser in a contract for deed
with respect to the structure to be improved.
2. All individuals having an ownership interest in such structure must join in the
application and sign the Grant Agreement with the City, including contract holder.
3. Projects that would result in permanent displacement of either residential or
business tenants will no# be financed with CDBG Program funds. Any temporary
displacement of tenants resulting from project activities shall be the responsibility of
the property owner. Tenants shall be fully informed of the project plans, and the
expected impact on them, and shall receive a Notice of Nondisplacement or
Displacement, as appropriate, prior to the start of rehabilitation. Property owners will
be required to provide relocation assistance to tenants as required under the
Uniform Relocation and Real Property Acquisition Policies Act of 1970.
4. No member of the governing body of the locality, an official, employee, or agent of
the local government who exercises policy, decision-making function or
responsibilities in connection with the planning and implementation of the Fire Alarm
Program shall directly or indirectly benefit from this program. This prohibition shall
continue for one (1) year after an individual's relationship with the local government
ends. Any potential conflicts of interest under Minnesota Statues 412.311 and
471.87-471.89 or Federal Regulations 24 CFR, Part 570, Uniform Administration
Requirements, shall be evaluated on the basis of a legal opinion to be requested
from the Hastings City Attorney.
Program Definitions
Program Administrator: The Program Administrator shall be the Dakota County
Community Development Agency (CDA), 1228 Town Centre Drive, Eagan, MN 55123,
Phone (651) 675-4400. Staff shall coordinate all aspects of the Program.
Applicant: Any person seeking to obtain fire alarm system assistance under the terms
of this Program.
Building Official: The Building Official for the Program shall be an employee of the City
of Hastings and shall provide technical expertise relating to inspections, construction
quality, code compliance and scope of work to be accomplished.
Fire Marshal: The Fire Marshal for the program shall be an employee of the City of
Hastings and shall provide additional technical expertise relating to inspections,
construction quality, code compliance and scope of work to be accomplished.
Project Coordinator: The Project Coordinator for the Program shall be an employee of
the City of Hastings and shall provide assistance and management relating to
improvement activities. The Project Coordinator is responsible for program marketing,
application intake, scheduling of inspections, preparation of contracts and grant
2 Revised July, 2007
documents, and processing of payment requests. The Project Coordinator serves as
the contact person for rehabilitation from application to project close-out and shall be
available during regular business hours.
Target Buildings: Existing buildings, which have mixed occupancies where one of
them being residential, with the following exceptions:
1. A building where all required components of egress are on the level of exit
discharge and acceptable occupancy separation exists which complies with
the Minnesota State Fire Code.
2. A building protected throughout by a supervised automatic suppression
system, as approved by the City Fire Marshal.
3. A home occupation business where the business owner is also the primary
resident.
Eligible Improvements: Costs associated with the installation of monitored fire alarm
systems in target buildings as required by Chapter 9, Section 9.83, of Hastings City
code.
Special Conditions
Contractors: All code compliance work undertaken with CDBG funds must be
completed by bona fide contractors who are licensed and provide proof of insurance.
Davis Bacon Wage Rates: All contracts in excess of $2,000 that will be funded
through the CDBG program require compliance with the Labor Standards Provisions of
the Davis-Bacon Act. Contractors are to pay their employees the prevailing wage rate
as determined by the Department of Labor. Appropriate wage information must be
included in the bid specifications and contract documents. The Project Coordinator
must approve all payrolls prior to the release of funds.
Fair Housing & Equal Opportunity
The City of Hastings and the Project Coordinator will work affirmatively to ensure that all
persons, regardless of race, color, creed, national origin, sex, religion, marital status,
age, handicap, familial status or reliance on public assistance will be treated fairly and
equally for purposes of participation in the Program. Access to program information and
materials will not be denied to any person for any reason. The City will encourage the
participation of women and minority-owned businesses and local businesses and
suppliers who meet Section 3 Criteria.
Lead Based Paint
The program will conform to the requirements of the Residential Lead Based Paint
Hazard Reduction Act of 1992 for any assisted property that contains residential
dwelling units. All program applicants must provide notification of the hazards of lead
based paint to impacted tenants. The Building Inspector shall inspect for defective paint
3 Revised July, 2007
surfaces at the time the property is being inspected for code compliance. All defective
surfaces will be corrected in accordance with the regulations in 24 CFR Part 35 and
Minnesota statutes and safe work practices. Unless the work to be comple#ed meets
the de minimis levels noted in 24 CFR 35.1350(d).
Data Privacy
All information provided by applicants under the Hastings fire alarm program shall be
maintained in accordance with the Minnesota Data Practices Act and the City's
Subgrantee Agreement with the Dakota County Community Development Agency.
Procedures
Application Intake
Applications will be selected for participation in the program based upon applicability to
the program guidelines on a first-come, first-serve basis. Applications will be evaluated
based on the following:
1.) Whether the applicant has clear title to the property to be improved. Prior to project
approval, the following will be ascertained:
a.) Applicant provided proof of title;
b.) All real estate taxes are current;
c.) All individuals having an ownership interest, including contract holders, have
agreed in writing to join in the application;
2.) The extent to which the project meets the program objectives;
3.) The degree of the project's overall impact on the target buildings.
Projects that involve permanent displacement of either residential or commercial
tenants or that are not financially feasible within the constraints of available funding will
be eliminated from consideration.
Property Inspections
Upon determination that a property owner applying for fire alarm assistance is eligible
based on the program guidelines, the Building Official or Fire Marshal shall conduct an
inspection of the property to determine the corrective actions necessary for the property
to conform to Hastings code standards.
Scope of Work
The Scope of Work will be any improvements deemed necessary by the Projec#
Coordinator for the project to satisfy the intent of the Program.
Project Approval
The final application will be reviewed by the Hastings City Council. Improvements
approved for CDBG funding will be based on there relation to the Target Building,
Eligible Recipient, and the ability of the applicant to complete the project with CDBG
funds and private funds.
Competitive Bidding
A minimum of three (3) competitive bids must be solicited and two (2) competitive bids
must be obtained for each improvement project the applicant proposes for CDBG
t~ Revised July, 2007
funding. Applicants may use any contractor they choose, as long as the contractor
meets the requirements listed below.
All contractors must provide a Certificate of Insurance Coverage. Contractors must also
certify that they will comply with the requirements of the Davis-Bacon Act. These rates
will be provided to the applicant as a part of the contractor's instructions.
Awarding Contracts
The contract will be between the applicant and the con#ractor. The contract awarded to
the lowest bid unless one (1) of the following circumstances occur:
1.) The bid is determined to be unrealistically low and the contractor agrees to
withdraw the bid;
2.) The contractor has failed to follow the procedures as outlined in the instructions
to the bidders;
3.) The owner does not want the low contractor to perform the work and agrees to
pay the difference between the lowest bid and the preferred contractor's bid.
4.) There appears #o be collusion between two (2) or more contractors, in which
case, all bids in the questionable trade category will be thrown out and different
contractor's solicited for bids; and
5.) The contractor fails to bid according to the specifications, and i# proves
impossible to compare that contractor's bid with the other contractors'.
Approval by City Council
Once the applicant has accepted a bid, staff will prepare the information for presentation
to the Hastings City Council. Upon City Council approval, a Grant Agreement will be
signed by the applicant and a designated city official. This Agreement will outline the
terms and conditions of the project, including the City's role and the applicant's
responsibilities, and any corrective actions to be taken in the event of a dispute.
Notice to Proceed
A preconstruction conference will be held with the Program Coordinator, the applicant
and contractors and subcontractors to ensure awareness and compliance with Davis-
Bacon requirements and any other requirements necessary to begin the project. A
notice to proceed will be issued after the preconstruction conference. The contractor
will normally have one (1) year in which to complete the awarded contract.
Change Orders
AA change orders to the current contract require the approval of the Project Coordinator
as well as the signatures of the owner and contractor.
Acceptance of Work
Interim inspections may be scheduled with the Building Official to monitor work in
progress. Final inspection shall be required to ensure that the work has been
completed in a satisfactory manner. In the event of a dispute between the owner and
contractor concerning the completion of work, the Project Coordinator shall work with
both parties to try to negotiate a satisfactory solution. Disputes that cannot be resolved
by negotiation, and that result in legal action by either party to the contract, shall be
5 Revised July, 2007
resolved in accordance with applicable State law. CDBG funds shall not be released to
either the owner or contractor until such dispute has been settled.
Hold Harmless
The owner and the contractor shat! indemnify and hold harmless the City of Hastings
and the Dakota County CDA and their respective officers, employees, and officials from
any damages or liability arising from, or occurring as a result of, the activities funded
through this Program.
CDBG Payment
All CDBG funds will be disbursed by the Dakota County CDA upon authorization by the
owner and the City of Hastings. Payments will be made only after all work is completed
according to the authorized scope of work and has been accepted by the owner. Funds
will be released once all improvements are complete to the satisfaction of the City
Building Official and once title ownership, Davis-Bacon wage payments and other
requirements are satisfied with the CDA and the City. The Building Official will inspect
the final project, and the permit may be closed-out by the Building Inspections
Department. The permit being closed-out is required before the CDA releases funds.
Payment may be made directly to the contractor, or in reimbursement to the owner,
upon presentation of paid receipts for approved work.
The following must be presented to the Project Coordinator in order to process
paymen#:
1. Billing Statement/ Paid Receipt
2. Sworn Contractor's Statement
3. Completion Certificate
4. Weekly Payroll Reports
Private Financing
Applicants are responsible for all costs incurred as a result of not accepting the lowest
bid, improvements not within the Scope of this program, and costs above and beyond
the availability of CDBG funds as outlined in the Grant Agreement.
Applicants shall contact a lending institution of their choice to arrange financing for their
portion of the project. Applicants should request a letter of credit or other suitable
documentation from the lending institution to prove that private funds have been
committed. This letter is to be submitted with the completed application. If an applicant
is not using a lending institution, other evidence of committed funds must be presented
a# the time of application.
Appeals Process
Appeals concerning eligibility for the fire alarm program shall be made in writing and
addressed to the Project Coordinator. The Coordinator will contact the applicant and
attempt to rectify any concerns. A written response will be made within fifteen (15)
days.
6 Revised July, 2007
CITY OF HASTINGS
Community Development Block Grant
Monitored Fire Alarm Matching Program Application
Applicants Name(s):
Address
Telephone:
Tax I D #
Fax:
E-mail:
Social Security #
Address of project building:
Name(s) and Type(s) of Business in building:
Number of residential rental units in building:
YES NO Unsure
Do all means egress exit directly on to the ground level? ^ ^ ^
Do the separations between commercial and residential occupancies meet fire code? ^ ^ ^
Is the entire building protected by a sprinkler system? ^ ^ ^
Is the business a home occupation where the owner is also the primary resident? ^ ^ ^
Please provide a summery of required work to be done:
Total project estimate, for eligible improvements:
Total CDBG Funds requested (up to 50% of total cost and $2,000 maximum):
FOR STAFF USE ONLY
Dafe received: Time: Received by Eligible ^ Yes ^ No
Seif Certification Form - 2006 (effective 318/06)
Dakota County CDBG Program
Information on annual family income and race is required to determine eligibility for public
services funded with federal Community Development Block Grant (CDBG) funds. Each
participant must indicate the number of persons in their household, and then CHECK THE BOX
that contains the amount of annual family income.
INCOME is defined as the total annual gross income of all family and non-family members 18+
years old living within the household. All sources of income must be counted from all persons in
the household based on anticipated income expected within the next 12 months.
Please check your Income Range based on your Family Size (for example if there are 5 people in
your household, go to HH of 5; if there are 8 or more in your household go to HH of 8):
HH of 1: ^ $0 - $16,500 ^ $16,501 - $27,500 ^ $27,501 - $41,700 ^ $41,701+
HH of 2: ^ $0 - $18,850 ^ $18,851 - $31,400 ^ $31,401 - $47,700 ^ $47,701+
HH of 3: ^ $0 - $21,200 ^ $21,201 - $35,350 ^ $35,351 - $53,650 ^ $53,651+
HH of 4: ^ $0 - $23,550 ^ $23,551 - $39,250 ^ $39,251 - $59,600 ^ $59,601+
HH of 5: ^ $0 - $25,450 ^ $25,451 - $42,400 ^ $42,401 - $64,350 ^ $64,351+
HH of 6: ^ $0 - $27,300 ^ $27,301 - $45,550 ^ $45,559 - $69,150 ^ $69,151+
HH of 7: ^ $0 - $29,200 ^ $29,201 - $48,650 ^ $48,651 - $73,900 ^ $73,901+
HH of 8: ^ $0 - $31,100 ^ $31,101 - $51,800 ^ $51,801 - $78,650 ^ $78,651 +
Please check your Ethnicity (pick 1 of 2): ^ Hispanic or ^Non-Hispanic
Please check your Race (pick 1 of 10 choices):
^ White
^ Asian & White
^ Native Hawaiian or Other Pacific Islander
^ Black/African American & White
^ Asian
Does your family have a FEMALE HEAD OF HOUSEHOLD?
^ Black or African American
^ American Indian or Alaskan Native
^ Other
^ American Indian/Alaskan Native & White
^ American Indian/Alaskan Native & Black
Program or Activity
^ Yes ^ No
Dates of Participation
APPLICANT STATEMENT: 1 hereby certify that the information on this form is accurate and complete. I
understand that this self-certification may be subject to further verification by the agency providing services, the
City, the Dakota County CDA, or the U.S. Department of Housing & Urban Development. 1, therefore, authorize
such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the
U.S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements
to any department of the U.S. Government.
Participant or Beneficiary Name (Please Print)
Signature (Parent or Guardian, if participant is under 18 years old) Date
~ Dakota County CDBG Request for Reimbursement Form ~
From: City/Township of
Date:
Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. Please use
separate request forms for each activity or service period.
Reimbursement for the followin activities is bein re uested from the CDBG Program;
__
Name of Pro'ect Activi Program Amount Dates of Service
I / ~ (Fiscal) Yr. Requested (start/end) ~ CDA Account Number
Do you have program income (i.e., revolving account) to draw first for this activity?
If yes, please indicate how much program income you are drawing for this activity:
Do you have other funding sources that are being combined with the CDBG funds?
If yes, please indicate the source(s) and amount(s):
. Yes No
Yes No
Documentation to support Request for Reimbursement: You must attach all appropriate documentation
to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.)
^ Timesheets ^ Invoices /Proof of Payment ^ Completed product
(# of hours, rate of pay, etc.) (copies of checks, receipts, etc.) (i.e. plan, study, survey)
The following chart is for DIRECT BENENFIT ACTNITIES (housing or public service activities). Please report
the demographic information of those served during the dates of service listed above. If you are reporting a
HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE
activity, please report in number of PEOPLE.
DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE noTFc
DEMOGRAPHICS Ethnici `Income Level
Race His anic
p Non-
His anic Very Low
0-30% Low
31-50% Moderate
51-80% Above L/M
81% +
White
Black/African American
Black/African American & White
Asian
Asian & White
American Indian or Alaskan Native
American Indian/Alaskan & White
American Indian/Alaskan & Black
Native Hawaiian/Other Pacific Islander
Other
TOTALS (Ethnicity =income Level)
Number of Female-headed Households =
Number of clients new to program= _
Prepared by:
Program Administrator
Percent as Low/Mod Income =
Number of clients with improved access =
Approved by:
City or Township Finance Officer
Dakota County CDBG Reporting Form {Final Closeout)
Date:
Period Covered:
From: City/Township of
Activity Name:
Latest Subrecipient Agreement Date for this Activity:
Did this city or township have any Subrecipients to administer CDBG activities?
If yes, please identify Subrecipients and Subrecipient Agreement Dates:
Did you complete this CDBG Activity on schedule andJor in a timely manner?
1. Describe final accomplishments of this activity.
2. Describe how the appropriate national objective was met in this activity.
3. Describe challenges, if any, in order to complete this activity.
4. Budget Summary: (use more than one year if it was amulti-year funded project)
Original budget:
Amended budget:
Original budget:
Amended budget:
$.
$.
(start)
(end)
Yes No
Yes No
Program Year:
Amend Date:
Program Year:
Amend Date:
Original budget: $
Amended budget: $
Program Year:
Amend Date:
Does this activity have any fund balances to be allocated to another activity?
Did this activity expend any program income? Yes No
If yes, identify the total amount of program income spent on this activity: $_
Yes No
5. Monitoring Summary:
Date(s) of on-site CDA monitoring:
Date(s) of Subrecipient monitoring:
The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report
the demographic information of those served during the dates of service listed above. If you are reporting a
HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE
activity, please report in number of PEOPLE. Please use additional forms for more than one activity.
COMPLETE FOR LAST DARTER ONLY or PERIODS NOT REPORTED PREVIOUSLY
DEMOGRAPHICS Ethnici Income te~el
Race His anic
p Non-
His anic Very Low
0-30% Low
31-50% Moderate
51-80% Above L/M
81% +
White
81ack/African American
Black/African American & White
Asian
Asian & White
American Indian or Alaskan Native
American Indian/Alaskan & White
American Indian/Alaskan & Black
Native Hawaiian/Other Pacific Islander
Other
TOTALS (Ethnicity =Income Level)
Number of Female-headed Households =
Prepared by:
Subrecipient
Percent as Low/Mod Income =
Reviewed by:
CDA Staff