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Item 8B AGENDA ITEM # SB SEPTEMBER 27, 2010 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Authorization for City Manager to Sign Letter of Agreement with the City of Jacksonville for Donner Subdivision Sewer Rehabilitation. DATE: September 9, 2010 i 1 ,9 1, 4 - "'" - SUBMITTED BY: David E. Thompsosst. City Manager BACKGROUND: Earlier this year, a Disaster Recovery Development Block Grant was allocated to the City of Jacksonville as administered by the State of Florida Department of Community Affairs. This was part of the 2008 Disaster Recovery Program. The program is intended to provide hazard mitigation funding for projects that will benefit low income citizens. The City of Atlantic Beach submitted an application to rehabilitate sewer lines and manholes in the Donner subdivision. These lines had previously been addressed in the sewer master plan as having a high rate of infiltration and intrusion, and historically there have been overflows during heavy rain events. The lines can be rehabilitated through a cure -in -place process, which will virtually eliminate the infiltration and intrusion of rain/ground water and eliminate overflows for approximately 50 years. Disaster Grant Funding totaling $178,007 has been approved for this project, and there is no match required. A letter of understanding has been received from the City of Jacksonville, and City Manager Jim Hanson is listed as the signatory authority for the City of Atlantic Beach. BUDGET: This agreement will provide $178,007 to the City of Atlantic Beach to rehabilitate sewer lines and manholes in the Donner Subdivision. No match is required. RECOMMENDATIONS: To authorize the City Manager to sign the letter of agreement and any subsequent paperwork for this project. ATTACHMENTS: Proposed Letter of Agreement from City of Jacksonville REVIEWED BY CITY MANAGER: A NDA ITEM NUMBER: AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH The City of Atlantic Beach (hereafter referred to as the "Recipient") and the City of Jacksonville (hereafter referred to as the "Grantee "), agree to adhere to the provisions of this Letter of Understanding (hereinafter referred to as the "LOU ") as outlined below, regarding the use of Disaster Recovery Development Block Grant ("DRDBG ") funding of $178,007.00 for the 2008 Disaster Recovery Program. WHEREAS, Grantee has received a Disaster Recovery Development Block Grant, from the State of Florida Department of Community Affairs, for the 2008 Disaster Recovery Program; and WHEREAS, in ordinance 2010 - 438 -E, the Council of the City of Jacksonville specified twenty -one (21) projects including, but not limited to providing funding in the amount of $178,007.00 to the City of Atlantic Beach for a project, more specifically identified in the Scope of Services, attached hereto as Exhibit "A" (hereinafter collectively referred to as the "Program" )and, by this reference made a part hereof and incorporated herein; and WHEREAS, it is in the best interest of the parties to make and enter into this LOU in order to specify the rights, duties and obligations of the parties; now therefore IN CONSIDERATION of the mutual promises contained herein, the parties agree as follows: This LOU will become effective, upon its acceptance by the parties, and shall end twenty-four (24) months after the last signed date, for the period beginning the 14 day of June, 2010 and ending the 14 day of June, 2012. I. SCOPE OF SERVICES — EXHIBIT "A" 1.01. The Recipient agrees to perform the services necessary to complete the Program. If any services, functions, or responsibilities not specifically set forth in this LOU are necessary for the proper performance of the Program then they shall be deemed implied by and included within the Program. 1.02. In addition to the requirements, limitations and restrictions set forth elsewhere in this LOU, Recipient shall use the funds in a manner consistent with all applicable and governing federal, state and local laws, rules, regulations and policies, and any subsequent amendment thereto, AGENDA ITEM # 811 SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE TWO (2) during the term of this LOU, including without limitation, all laws rules, regulations and policies governing DRDBG, the terms of which are incorporated herein by this reference. Recipient acknowledges and agrees that it has reviewed, understands and is familiar with all such applicable and governing federal, state and local laws, rules, regulations and policies concerning this LOU_ If any of the obligations of this LOU are to be performed by a subcontractor of Recipient, Recipient shall incorporate the provisions of this section into and shall become a part of the subcontract. Additionally, Recipient represents and warrants to Grantee that Recipient has received, reviewed, understands, is familiar with and will comply with the provisions of the Jacksonville Ethics Code, as codified in Chapter 602, Jacksonville Ordinance Code, and the provisions of the Jacksonville Purchasing Code, as codified in Chapter 126, Jacksonville Ordinance Code. 1.03. The Recipient shall assist the Grantee with completing an Environmental Review on all projects for Repair, Improvement, or Reconstruction of Public Infrastructure (not including buildings) when the change in size or capacity is less than 20% or a Full Environmental Assessment on all projects greater than 20% if the activity is not intended to support another project. 1.04. The Recipient shall assist the Grantee in complying with the Public Notice criteria by affording the public the appropriate comment periods, counted in accordance with Section 58.21 in the Code of Federal Regulations. 1.04.01.The Recipient shall provide from the site, monthly statistical information documentation on the progress of the projects and on clients served via form to be provided by the Grantee. (See Exhibit C) 1.05. The Recipient shall provide a self - evaluation tool with quantitative and qualitative measurements monthly to the Grantee. II. SPECIAL REQUIREMENTS 2.01. 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, Disaster Relief Development Block Grant program or wording to that effect. Construction projects shall include a sign indicating that whole or partial funding 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. 2.02. The 2008 Disaster Recovery DRDBG Program is an eligible public service activity. The program complies with the national objective of benefiting a limited clientele group who are generally presumed to be principally low and moderate income persons. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE THREE (3) III. ADMINISTRATIVE 3.01. The Recipient shall be the accountable program agency and shall oversee all aspects of this program to insure that DRDBG funds are spent according to the conditions set forth in this Letter of Understanding. The Recipient shall act as Program Director, approving all purchase orders and cash requests related to contracted services and coordinate with other city agencies as necessary, for the completion of the above listed programmatic requirements. 3.02. The Recipient shall provide the Grantee with a monthly report, specified in Exhibit "C" showing all activities, including a narrative summary of progress, and a financial statement showing all expenditures appropriate to the Program. The Grantee shall be permitted to modify this form at any time during the term of the LOU. The report shall be due on the twenty -fifth (25 day of each month and shall continue until all information relative to the Program has been received by the Grantee. The Recipient's failure to submit monthly reports shall give cause to the Grantee to deny access to grant funds to the Recipient or to terminate the LOU. The Recipient shall include all paid receipts /invoices received during the report period. 3.03. The Recipient shall maintain such property, personnel, financial and other records as necessary to account properly for all funds expended in the administration of this Program. These records shall be subject to inspection at all times, reviewed or audited by duly authorized Federal and Grantee personnel, and shall be retained for a period of six (6) years following the termination of this project. 3.04. The Recipient shall permit the Grantee's authorized personnel to monitor the Program for compliance with Federal, State and City applicable regulations as they pertain to funds received from the Grantee, under the CDBG program. 3.05. The Recipient agrees to adhere to the following City of Jacksonville procurement requirements in their purchase of labor, materials, supplies, and equipment, and will maintain written documentation in its records: 3.05.01 Any purchase up to $2,500 requires 1 written quote; 3.05.02 Any purchase over $2,500 to $15,000 requires 2 written quotes; 3.05.03 Any purchase over $15,000 to $30,000 requires 3 written quotes; 3.05.04 Any purchase over $30,000 to $50,000 requires 4 written quotes; 3.05.05 Any purchase over $50,000 requires a formal bid procedure (advertising and sealed bids); and any professional design services exceeding $25,000 requires a formal bid procedure (advertising and sealed bids). AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE FOUR (4) 3.06. The Recipient shall maintain and retain Program records, for a period of six (6) years, to comply with program requirements as set forth in 24 CFR 570.503 with exceptions of any litigation or claim as stated in Part 85.42. 3.07.The Recipient shall adhere to other federal requirements to the extent applicable to the Program, this LOU is also governed by the following provisions: 3.07.01. Equal Employment Opportunity —All LOUs shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 3.07.02. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) All LOUs and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD. 3.07.03. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) —Where applicable, all LOUs awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other LOUs that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor Regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE FIVE (5) 3.07.04.National Environmental Policy Act (NEPA 42 U.S.0 4321) – All LOUs shall promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality. 3.07.05. Byrd Anti- Lobbying Amendment (31 U.S.C. 1352) — Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 3.07.06. Debarment and Suspension (E.O.s 12549 and 12689) —No LOUs shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non - procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 3.07.07. The Recipient shall also comply with the following requirements to the extent applicable: Non - Discrimination in Federally Assisted Programs as set forth in Title 41 Public Contracts and Property Management; 41 CFR Part 60; non - Discrimination Based on Age or Handicap as set forth in Age Discrimination Act of 1975, as amended, and 24 CFR Part 146; Employment and Contracting Opportunities as set forth in Section 3 of the Housing and Urban Development Act of 1968, 24 CFR Part 135; Minority/Women's Business Enterprise as set forth in Executive Orders 11625 and 12138, and 24 CFR Part 85 Subpart C Section 36(e); Lead Based Paint Poisoning Prevention as set forth in 24 CFR Part 35; New Restrictions on Lobbying as set forth in 24 CFR Part 87; Displacement, Relocation Assistance and Real Property AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE SIX (6) 3.07.08. Acquisition as set forth in 49 CFR Part 24 and 24 CFR Part 42; National Flood Insurance as set forth in Flood Disaster Protection Act of 1973; 42 U.S.C. 40001 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction; HUD 4010 Federal Labor Standards Provisions; HUD 4010 Federal Labor Standards Provisions; General Provisions set forth in 24 CFR Part 135, Volume 1; Relating to the Use of Volunteers as set forth in 24 CFR Part 70; Relating to Down Payment Assistance as set forth in 24 CFR 92.354 (a)(2); HOME National Affordable Housing Act of 1990 (NAHA); and Use of Disbarred, Suspended or Ineligible Contractors or Sub - recipients as set forth in 24 CFR Part 24; 29 CFR 5.12(a) (1). 3.07.09. The Recipient shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to the persons served; the Recipient shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000e) in regard to employees or applicants for employment; the Recipient shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served; and the Recipient shall comply with the Americans with Disabilities Act of 1990 (Public Law 101 -336) in regard to employees and persons served. 3.07.10. The Recipient shall not discriminate against any person or family on the grounds of race, color, national origin, sex, religion, family status, or handicap in the use, lease, rental, sale, or occupancy of any residential unit in the Property. Age discrimination and discrimination against minor dependents are also not permitted. Recipient shall further meet the equal opportunity and fair housing requirements of 24 CFR Part 92.350, 24 CFR Part 107, Title VI of the Civil Rights Act of 1968, as amended "Fair Housing Act" 2 U.S.C. 3601; 24 CFR Part 100, and Executive Order 11063. 3.08. Recipient shall annually attend all training workshops relating to the subject matter hereof as reasonably required by City of Jacksonville. 3.09. In addition to the reporting and record keeping requirements in this Article 3, Recipient shall be bound by the reporting and record keeping requirements in Article 7 herein. IV. FUNDING 4.01. Grantee agrees to pay the Recipient $178,007.00, which amount is the maximum indebtedness of Grantee pursuant to this LOU. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE SEVEN (7) 4.02. Grantee shall pay this amount over the period of this LOU commencing June 14, 2010 and ending June 14, 2012, to the Recipient, for services rendered herein on a reimbursement basis and in accordance with the provisions of this LOU and as set forth in Exhibit "A ". in no event shall Grantee advance any of such funds. The Recipient shall expend the funds solely and exclusively for the Project described in this LOU. The Recipient shall not expend or otherwise use any of the funds for any other purpose. 4.03. The method of payment shall be according to the Financial Procedures, as described in Exhibit "B ", attached hereto and, by this reference, made a part hereof. Grantee shall not be obligated or required to make any disbursements if the Recipient is in breach of this LOU. 4.04. Any unused or residual funds remaining at the termination or expiration of this LOU (or left over after completion of the Program) shall revert to and belong to the Grantee (including any funds on hand at the time of expiration of funding and any accounts receivable attributable to the use of the funds); if any reimbursable funds were distributed to Recipient, then such funds are to be due and payable on such date of the termination or expiration and shall be returned by Recipient to the Grantee no later than thirty (30) days thereafter. In the event Recipient receives or expends any portion of the funds in a manner inconsistent with the terms of this LOU or any applicable and governing federal, state or local law, rule regulation or policy, then the Recipient shall immediately refund and retum all such funds to Grantee without demand or further notice. Recipient shall also reimburse Grantee for all costs, expenses and fees, including attorneys' fees and court costs, incurred or expended by Grantee in connection with any collection efforts to recover any funds due Grantee pursuant to this LOU. Notwithstanding any other provisions herein to the contrary, Grantee may immediately terminate the LOU if funds are improperly spent, and such termination may be provided orally with a written notice to follow. 4.05. Funds may be transferred from line item to line item within the line items specified in Exhibit "B" only with prior written approval of the Grantee, provided that no expenditure shall exceed the maximum indebtedness set forth in of this LOU. 4.06 The use of funds described in this LOU is subject to the written approval of the State of Florida Department of Community Affairs. 4.07. The Grantee's obligation to perform under this LOU is contingent upon its receipt of DRDBG funding for the 2008 Disaster Recovery Program, as contemplated in Ordinance 2010- 438 -E, and upon the existence of lawfully appropriated funds for this Program and this LOU. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE EIGHT (8) 4.08 In addition to the provisions of Section 4.04 above, upon expiration or termination of this LOU, the Recipient shall transfer to the Grantee any funds on hand at the time of expiration and any accounts receivable attributable to the use of funds. Further, any real property under the Recipient's control that was acquired or improved in whole or in part with funds (including funds provided to the Recipient in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the national objectives in §570.208 (formerly §570.901) until six (6) years after expiration of the LOU, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Not used in accordance with paragraph title 24 CFR Part 570.503(b)(7)(i), in which event the Recipient shall pay to the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -DRDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the Grantee, and no payment is required after the period of time specified in subsection (i) of this section. V. DEFAULT AND TERMINATION. 5.01. Should either party default in its obligations under this LOU, the non defaulting party shall provide written notice, to the defaulting party of the default. The defaulting party shall be given ten (10) business days, from receipt of the notice of default (or any such other amount of time agreed to by the parties, in writing) to remedy the default. If the default is not remedied within such time frame, the non defaulting party may terminate this LOU, upon five (5) business days' prior written notice to the defaulting party. 5.02. Notwithstanding the foregoing, or any other provision of this LOU to the contrary, Grantee may terminate this LOU at any time in the event of loss of funding for any reason by giving Recipient twenty-four (24) hours oral notice with written confirmation following. 5.03. Notwithstanding the foregoing, or any other provision of this LOU to the contrary, Grantee may terminate this LOU at any time, without cause, for convenience, by giving Recipient thirty (30) days' advance written notice of the termination. 5.04. In the event this Agreement is terminated, the Recipient shall be paid for any unpaid billings for all Services performed up to the date of receiving notice of termination: reasonable costs and fees associated with an orderly close -out of the work may be paid to the extent authorized in writing by the Grantee;. 5.05. Notwithstanding the foregoing, or any other provision of this Agreement to the contrary, in the event of a default, the non defaulting party shall be entitled to all available remedies at law or equity. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE NINE (9) VI. NONWAIVER 6.01. Failure by either party to insist upon strict performance of any of the provisions hereof, either party's failure or delay in exercising any rights or remedies provided herein, Grantee's payment for the services or any part or combination thereof, or any purported oral modification or rescission of this LOU by an employee or agent of either party, shall not release either party of its obligations under this LOU, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof, or of either party's rights or remedies under this LOU or by law, and shall not operate as a waiver of any of the provisions hereof. VII. RECORD RETENTION AND AUDIT 7.01. Recipient must establish and maintain books, records, contracts, subcontracts, papers, financial records, supporting documents, statistical records, goods, services and all other documents, in whatsoever form or format including, but not limited to electronic storage media, (for purposes of this Article 7, hereinafter referred to as the "Records') sufficient to reflect all receipt and expenditures of funds provided by Grantee under this Agreement. 7.02. Recipient must retain all Program Records pertinent to this LOU for a period of six (6) years after completion of the Program. If an audit has been initiated and audit findings have not been resolved at the end of six years, the Records shall be retained until resolution of the audit findings or any litigation which may be based on the terms of this LOU at no additional cost to Grantee. Records shall be retained for longer periods when the retention period exceeds the time frames required by law or ordinance. 7.03. Upon demand, at no additional cost to Grantee, Recipient must facilitate the duplication and transfer of any Records during the required retention period in Section 7.02 hereof. 7.04. Recipient must provide these Records at all reasonable times for inspection, review, copying or audit by the City of Jacksonville. 7.05. At all reasonable times for as long as the Records are maintained, Recipient must allow persons duly authorized by Grantee to have full access to and the right to examine any of the Recipient's Records, relative to the Program, regardless of the form in which kept. 7.06. Recipient, at its sole and exclusive cost and expense, must provide audits or reports as requested by Grantee, and must insure that all related party transactions are disclosed to the auditor. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE TEN (10) 7.07. Recipient must comply and cooperate immediately with any inspections, reviews, investigations, deemed necessary by Grantee. 7.08. Recipient must permit Grantee to interview any employees subcontractors and subcontractor employees of Recipient to assure Grantee of the satisfactory performance of the terms and conditions of this LOU. Following such review, if performance of Recipient is, in the opinion of Grantee, deficient, Grantee will deliver to Recipient a written report of the deficiencies and request for development by Recipient of a corrective action plan. Recipient agrees to prepare and submit, to Grantee, said corrective action plan within ten (10) days of receiving Grantee's written report. Thereafter, Recipient must correct all deficiencies in the corrective action plan, within ten (10) days from Grantee's receipt of the corrective action plan. 7.09. All reports, audits, and other information provided by Recipient pursuant to this Article 7 shall contain the following statement: `The information provided to the City of Jacksonville in this submittal is submitted under penalties of perjury, under Section 837.06, Florida Statutes. ". 7.10. To the extent that Recipient uses subcontractors in the performance of the Services under this LOU, Recipient must include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts. VIII. GOVERNING STATE LAW, SEVERABILITY, VENUE 8.01. The rights, obligations and remedies of the parties as specified under this LOU shall be interpreted and governed in all aspects by the laws of the State of Florida. 8.02. Should any provision of this LOU be determined by the courts to be illegal or in conflict with any law of the State of Florida, the validity of the remaining provisions shall not be impaired. 8.03. Venue for litigation of this LOU shall be in courts, of competent jurisdiction located in Jacksonville, Duval County, Florida. IX. ARTICLE HEADINGS 9.01. Article headings appearing herein are inserted for convenience or reference only and shall in no way be construed to be interpretations of text. AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE ELEVEN (11) X. CONSTRUCTION 10.01. Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this LOU. Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this LOU. The rule sometimes referred to as "Fortius Contra Preferentum" shall not be applied to the interpretation of this LOU. XI. ENTIRE AGREEMENT /AMENDMENTS 11.01. This LOU constitutes the entire agreement between the parties hereto for the Services to be performed and furnished by Recipient hereunder. No statement, representation, writing, understanding, agreement, course of action or course of conduct, made by either party, or any representative of either party, which is not expressed in this LOU shall be binding. 11.02. All changes to, additions to, modifications of, or amendment to this LOU, or any of the terms, provisions and conditions hereof, shall be binding only when in writing and signed by the authorized officer, agent or representative of each of the parties hereto. XII. ORDER OF PRECEDENCE 12.01. In the event of any conflict between or among the provisions of this LOU and those of any exhibit attached hereto or of any amendment, the priority, in decreasing order of precedence, shall be: 1) fully executed amendment; 2) provisions in this LOU; and 3) exhibits to this LOU. 'Remainder of Dare intentionally left blank. Signature Dare follows immediatelY.1 AGENDA ITEM # 8B SEPTEMBER 27, 2010 LETTER OF UNDERSTANDING PAGE TWELVE (12) This LOU shall be effective upon its acceptance by all parties for the period beginning the 14 day of June, 2010 and ending the 14 day of June, 2012. Date John Peyton, Mayor -CIty of Jacksonville Attest: Neill W. McArthur, Jr., Corporation Secretary Date Jim Hanson, City Manager City of Atlantic Beach In accordance with Section 24.103(e) of the Ordinance Code, of the City of Jacksonville, I do hereby certify that there is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to cover the foregoing agreement; and that provision has been made for the payment of monies provided therein to be paid. Director of Finance CITY Contract Number: Form Approved: Office of General Counsel Index Code PWPBIF1AB- 334591 Grant PWC014 -10 Grant Detail 05215 Amount $178,007.00 Project # Sub - Object Various RECIPIENT INFORMATION Agency /Organization: City of Atlantic Beach Name of Project: 2008 Disaster Recovery CDBG Program Address: 800 Seminole Road City: Atlantic Beach State: FL Zip Code: 32233 Contact Person: Dave Thompson, Asst, City Manager AGENDA ITEM # 8B SEPTEMBER 27, 2010 EXHIBIT A Page 1 SCOPE OF SERVICES State Description Construction Engineering Administration Total Project # SA -18 City of Atlantic $178,007 $178,007 Beach Donner Road City of $178,007 $178,007 Atlantic Beach AGENDA ITEM # 8B SEPTEMBER 27, 2010 • EXHIBIT B Page 1 FINANCIAL PROCEDURES 1. BUDGET The Recipient shall adhere to the following budget in the administration of this LOU. I. Direct Costs A. Administrative Cost $ 1. Engineering Services $ 2. Construction Cost $178,007.00 B. Operating Expenditures $ 3. Communications Services $ 5. Rentals and Leases $ 6. Insurance $ 11. Office Supplies $ 16. Indirect Costs $ C. Capital Expenditures $ Total Administrative Costs $178,007.00 AGENDA ITEM # 88 SEPTEMBER 27, 2010 EXHIBIT C Page 1 MONTHLY STATUS REPORT -COJ PROJECT: 2008 Disaster Recovery CDBG Program RECIPIENT: City of Atlantic Beach PROGRAM PERIOD: June 14, 2010 — June 14, 2012 REPORT MONTH: DATE OF REPORT: Project #: PERSON COMPLETING FORM: A. Describe the month's activities, including staffing and program activities. B. Providing documentation on low /mod citizens being served at the following sites: Name of Site Current Month Year to Date Donner Road Total AGENDA ITEM # 813 SEPTEMBER 27, 2010 EXHIBIT C Page 2 II. NARRATIVE REPORT: Describe the overall progress for the month on which you are reporting: [ll. Project Goals for next reporting period. Include copies of meeting notes, brochures, programs, promotional materials or other information pertinent to the program. ADDITIONAL COMMENTS: AGENDA ITEM # 88 SEPTEMBER 27, 2010 EXHIBIT C Page 3 MONTHLY FINANCIAL REPORT I. Contract Amount: $178,007.00 Project # ITEMS BUDGET CURRENT TO DATE BALANCE MONTH Expenditures Construction $178,007.00 $ $ $ Engineering Administrative Cost $ $ $ Total $178,007.00 ,. $ $ $ AGENDA ITEM # SB SEPTEMBER 27, 2010 EXHIBIT C Page 4 11. Comments and /or problem areas: 111. Attach time sheets of all staff funded through CDBG. I certify that to the best of my knowledge, the data reported is correct. Name Title Authorized Signature _ Date AGENDA ITEM # 8B SEPTEMBER 27, 2010 CDBG DIRECT BENEFIT REPORT RECIPIENT: DATE SUBMITTED: PROJECT NAME: REPORT PERIOD: Please complete this form on a monthly basis for the unduplicated number of persons/households assisted by this CDBG funded project. Use this Information below to determine the income level of the persons being reported. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LOW AND MODERATE INCOME (REVISED SECTION 8 INCOME LIMITS) EFFECTIVE MAY 2010 MEDIAN FAMILY INCOME — (MFI) $59 400 EXTREMELY LOW VERY LOW MODERATE FAMILY SIZE (30% OF MEDIAN) (50% OF MEDIAN) (80% OF MEDIAN) 1 $12,450 $20,800 $33,250 2 $14,250 $23,750 $38,000 3 $16,050 $26,750 $42,750 4 $17,800 $29,700 $47,500 5 $19,250 _ $32,100 $51,300 6 $20,650 $34,450 $55,100 7 $22,100 $36,850 $58,900 8 $23,500 $39,200 $62,750 Counts by Household or Persons? (H/P) REPORT PERIOD CURRENT MONTH YEAR -TO -DATE Extremely Low Income (30% of MFI) Low Income (50% of MFI) Moderate Income (80% of MFI) Non -Low Moderate (above 80% of MFI) _ Total Low and Moderate Income Percent Low and Moderate Income #HISPANIC White Black/African American Asian American Indian/Alaskan Native Native Hawaiian /Other Pacific Islander American Indian/Alaskan Native & White Asian & White Black/African American & White American Indian/Alaskan Native & BlacWAfrican American Other Multi - Racial Female Head of Household (LMH Only) Total Racial/Ethic Group Updated 5/2010