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
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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
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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
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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