Interlocal Agreement Between COJ and COAB v Prepared by and Return to:
R.William Crowe
Office of General Counsel
117 West Duval Street,Suite 480
Jacksonville,Florida 32202
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND
THE CITY OF ATLANTIC BEACH
THIS AGREEMENT ("Agreement"), is made and entered into this c90/iday of
sJ.4Mti2 2006, and is by and between the CITY OF JACKSONVILLE, a municipal
corporation in Duval County, Florida, with its principal office at 117 West Duval Street,
Jacksonville, Florida 32202 ("COJ") and the CITY OF ATLANTIC BEACH, a municipal
corporation in Duval County, Florida, with its principal office at 800 Seminole Road, Atlantic
Beach, Florida 32233 ("COAB").
WITNESSETH:
WHEREAS, the COJ has made funds available to the COAB, as specified below, to assist in
funding a portion of the costs to construct a handicap accessible beach walkover at the Third
Street beach access point in COAB ("Project"), as more particularly described in Exhibit A. The
beach walkover will be 160' x 5' and handicap accessible, and will be located at the end of Third
Street, which property is owned by the COAB ("Premises"); and
WHEREAS, funding, in the amount of$48,000.00, is presently available through the 2004 ETR
bond Council District 13 Discretionary Project Account Number CCCP36313720 by and through
Section 106.315, Ordinance Code of the City of Jacksonville ("Ordinance Code') and Section
2(dd) of COJ Ordinance 2004-998-E; and
WHEREAS, Section 2(dd) of COJ Ordinance 2004-988-E has been amended by Ordinance
2005-1044-E to permit Discretionary Projects to be located on property owned by any
municipality within Duval County; and
WHEREAS, it is in the COJ's best interest to provide funding for the Project, and to make and
enter into a contract with the COAB, as is required in Section 106.315 (a), Ordinance Code; now
Page 1 of 8
' i
therefore
IN CONSIDERATION of the mutual promises contained herein and for other good and
sufficient consideration, the parties agree that:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by this
reference, are incorporated herein and made a part hereof
2. Effective Date. This Agreement shall become effective on the day and year first written
above and shall continue in full force until construction of the Project is complete, unless
terminated earlier as provided in this Agreement; provided however, this Project shall be
completed no later than September 30, 2007.
3. Assistance with Funding the Project. The COJ shall provide funding, in a total amount
not-to-exceed FORTY-EIGHT THOUSAND AND 00/100 DOLLARS ($48,000.00) to the COAB
for the purpose of assisting with the funding of the Project as described in Exhibit A. The COJ
will not maintain, repair, or support the Project during construction or at any time thereafter.
Such maintenance, repair and support of the Project shall be the sole and exclusive responsibility
of the COAB, with no additional cost or expense to the COJ. The COAB shall spend this funding,
provided, by the COJ, only on the Project and for no other matters. Expenditure of the funds on
any other matter than the Project shall be a material breach and default of this Agreement and
shall result in refunds as specified in this Agreement. The funding, provided in this Agreement
must be the last funds spent by the COAB after all other funds, from whatsoever sources, are
spent and exhausted.
4. COAB Compliance. The COAB shall comply with all applicable bond
covenants/restrictions, federal, state, and local laws, rules, regulations, ordinances, including, but
not by way of limitation the provisions of Section 118.204 and 118.205, Ordinance Code and
Chapter 118, Parts 3, 4, and 5, Ordinance Code. In the event of a conflict between or among the
provisions of this Agreement and the provisions of the cited provisions in Chapter 118, Ordinance
Code, the stricter and more stringent provision will apply. The cited provisions of Chapter 118,
Ordinance Code are contained in Exhibit B.
5. Project Improvements. The COAB shall comply with the construction standards and
priority schedule as stated in Exhibit A.
6. Payment on Draw or Reimbursement Basis. The COD's contribution for the Project,
pursuant to this Agreement, shall be on a "draw for work done" basis or on a "cost for
reimbursement" basis. Payments will be made within thirty (30) days of the COAB's submittal
to the COJ of documentation, including bills, invoices and other documents satisfactory to the
COD's General Accounting Division, to justify withdrawal or reimbursement payment to the
COAB.
7. COJ Representative. The COD's Public Works Department shall be responsible for
overseeing, administering and implementing this Agreement. The COJ shall by subsequent
Page 2 of 8
•
written notice advise the COAB of the contact person in the Public Works Department.
8. Accounting/Report. The COAB shall provide the Public Works Department and the
Council Auditor with a full accounting/report. Such accounting/report shall be in a form
approved by the Council Auditor and shall include, but not be limited to, copies of all invoices
and checks. Such accounting/report shall be submitted within thirty (30) days after the day and
year first above written and shall continue at thirty (30) day intervals until the funds are spent in
their entirety.
9. Returned Unspent COJ Funds. Any unspent funds from the $48,000.00 contribution,
in the possession of the COAB, on September 30, 2007 shall be immediately returned to the COJ.
Any funds, that are unspent, and which are still being held by the COJ on September 30, 2007
shall lapse.
10. Maximum Indebtedness. The COJ shall be indebted under this Agreement to the
maximum amount of FORTY-EIGHT THOUSAND AND 00/100 DOLLARS ($48,000.00).
11. Indemnification.
11.01. The COAB shall hold harmless, indemnify, and defend the COJ, including
without limitation, its officers, directors, members, representatives, affiliates, agents and
employees, successors and assigns against any and all claims, suits, demands,judgments,
losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for
investigation and defense thereof including, but not limited to, court costs, reasonable
expert witness fees and attorney fees) which may be incurred by, charged to or recovered
from and against any of the following arising directly or indirectly out of any of the
COAB's operations, work or services performed in connection with this Agreement
including,but not limited to:
11.01.01. Any and all claims for damages as a result of the injury to or death
of any person or persons, or damage to or destruction of any property which arises
as a result of any negligence act or omission on the part of the COAB, its agents,
affiliates or assigns, regardless of where the damage, injury or death occurred; or
arising out of the failure of the COAB's to keep, observe or perform any of its
obligations under this Agreement or in any other document or instrument
delivered by the COAB pursuant to this Agreement.
11.01.02. Any and all claims, suits, demands,judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs of cleanup,
containment or other remediation, and all costs for investigation and defense
thereof including, but not limited to, court costs, reasonable expert witness fees
and attorney fees) arising from or in connection with (a) the COAB's, including,
but not limited to, its agents, affiliates or assigns ("Parties"), actions or activities
that result in a violation on any environmental law, ordinance, rule, or regulation
or that leads to an environmental claim or citation or to damages due to the
Page 3 of 8
•
COAB's or other Parties' activities, (b) any environmental, health and safety
liabilities arising out of or relating to the operation or other activities performed in
connection with this Agreement by the COAB or any Party at any time on or prior
to the Effective Date, or (c) any bodily injury (including illness, disability and
death, regardless of when any such bodily injury occurred, was incurred or
manifested itself), personal injury, property damage (including trespass, nuisance,
wrongful eviction and deprivation of the use of real property) or other damage of
or to any person in any way arising from or allegedly arising from any hazardous
activity conducted by the COAB or any Party. The COJ will be entitled to control
any remedial action, any proceeding relating to an environmental claim.
11.01.03. Any and all claims, suits, demands,judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation
and defense thereof including, but not limited to, court costs, reasonable expert
witness fees and attorney fees) arising from or based upon the violation of any
federal, state, or municipal laws, statutes, resolutions, or regulations, by the
COAB or those under their control.
11.01.04. Any and all claims, suits, demands,judgments, losses, costs, fines,
penalties, damages, liabilities and expenses (including all costs for investigation
and defense thereof including, but not limited to, court costs, reasonable expert
witness fees and attorney fees) which may be incurred by, charged to or recovered
from any of the foregoing, arising directly or indirectly out of(a) any breach of
any representation or warranty made by the COAB in connection with this
Agreement or in any certificate, document, writing or other instrument delivered
by the COAB pursuant to this Agreement or (b) any breach of any covenant or
obligation of the COAB set forth in this Agreement or any other any certificate,
document, writing or other instrument delivered by the COAB pursuant to this
Agreement.
11.02. The indemnifications contained in Section 11.01, above, are separate and apart
from, and is in no way limited by, any insurance provided pursuant to this Agreement or
otherwise. This Section 11, relating to Indemnification shall survive the term of this
Agreement, and any holdover and/or contract extensions thereto, whether such term
expires naturally by the passage of time or is terminated earlier pursuant to the provisions
of this Agreement.
11.03. The indemnifications given by COAB are subject to the provisions and limitations
of Section 768.28, Florida Statutes, and shall not be construed as, and is not, a further
waiver of COAB's sovereign immunity beyond the limited legislative waiver thereof in
Section 768.28, Florida Statutes.
12. COAB Operations. The COAB shall, at no additional cost or expense to the COJ,
operate and maintain the Premises as a public street and right-of-way and such Premises shall be
open and available to all residents and visitors to the COJ, with no discrimination on the basis of
Page 4 of 8
race, creed, color, sex,religion, national origin, marital status, age, disability or residence.
13. COAB Responsibilities. The COAB shall be solely responsible for all maintenance and
repairs to the Project at no additional cost to the COJ including,but not limited to:
(a) The COAB shall maintain and keep the Project in good repair and shall provide
all required maintenance and repair of whatsoever kind of nature.
(b) The COAB shall without limiting its liability hereunder, agrees to procure, keep
and maintain adequate insurance types, including, but not limited to fire insurance, and in
coverage amounts, as required by the COJ's Risk Management Division. During the
construction term, the COAB shall require any contractor to carry and maintain all risk builders'
risk insurance equal to the replacement cost value of the project which at no time will be less than
the contribution as defined in Section 10 of this Agreement, naming the COJ as an additional
insured. Upon completion of construction, the COAB will maintain all risk property insurance at
replacement cost value, which at no time will be less than the contribution as defined in Section
10 of this Agreement.
14. Non-Waiver. The waiver, by either party, of any breach of this Agreement, by the other
party, shall not be construed as a waiver of any subsequent breach of duty or covenant imposed
by this Agreement.
15. Right of Entry. The COJ, at reasonable times, has the right to enter into and upon the
Premises for the purposes of viewing the same and for the purpose of verifying compliance by the
COAB of its obligations under this Agreement.
16. COAB Default. If the COAB shall neglect or fail to perform or observe any requirement
or violate any provision of this Agreement and such default shall continue for a period of thirty
(30) days after written notice thereof is given by the COJ to the COAB, then the COJ may,
immediately, or at any time thereafter, and without further notice or demand, terminate this
Agreement without prejudice to any remedy which might otherwise be used by the COJ to
recover for any breach of the COAB's covenants herein contained. Should this Agreement be
terminated as a result of the COAB's breach of Section 3, of this Agreement, then, and in such
event, the COAB must refund and return all funds provided by the COJ. Such refund and return
shall be made within fifteen(15) days after notice and request for refund,by the COJ.
17. Taxes/Insurance Premiums. The COAB shall pay all real estate taxes, if any, and other
taxes, if any, and fire insurance premiums on the Premises. COAB shall not be liable to carry fire
insurance on the person or property of the COJ or any other person or property which may now or
hereafter be placed in the Premises.
18. Notices. All notices, as required under this Agreement shall be by certified mail return
receipt requested:
Page 5 of 8
As to the COJ: As to the COAB:
Edgar Hall, P. E. Timmy Johnson
220 East Bay Street 716 Ocean Boulevard
Jacksonville, FL 32202 Atlantic Beach, FL 32233
19. Termination for Convenience. The COJ shall have the absolute right to terminate this
Agreement without cause upon giving sixty(60) days advance written notice to the COAB. In the
event that this Agreement is terminated for convenience, the COAB shall return, to the COJ, all
unspent funds,provided under this Agreement, and received by the COAB.
20. Actions of Mayor and Corporation Secretary. The Mayor and Corporation Secretary
shall have the authority to terminate this Agreement under any circumstances in which the COJ
has a legal right to terminate this Agreement in accordance with the provisions hereof.
21. Construction of Agreement Terms. The parties agree that they have had meaningful
discussion and/or negotiations of the provisions, terms and conditions contained in this
Agreement. Therefore, doubtful or ambiguous provisions, if any, contained in this Agreement,
shall not be construed against the party who physically prepared this Agreement. The rule
commonly known as "Fortius Contra Proferentium" shall not be applied to this Agreement or
any interpretation thereof.
22. Entire Agreement. This Agreement represents the entire agreement by and between the
parties concerning the receipt and expenditures of the funds specified herein. No agreement,
statement, representation, course of action or course of statement, representation, course of action
or course of conduct by either of the parties hereto, or by their authorized representatives, shall be
binding if it is not in writing and contained in this Agreement. This Agreement may be amended
by written instrument signed by the parties or their lawfully authorized representatives.
23. Severability. If any section, paragraph, sentence or other part of this Agreement is
declared to be unenforceable or unlawful by a court of competent jurisdiction, then, in such event,
such section, paragraph, sentence or other part shall be severed from this Agreement and shall not
affect other terms and conditions herein.
24. Section/Paragraph Headings. All section/paragraph headings herein are provided for
convenience only and shall not be used in the interpretation or construction of the Agreement.
25. Exhibits. All exhibits which are attached hereto and which are specifically and expressly
reference in the text of this Agreement, are incorporated into this Agreement as if fully set forth
herein.
26. Governing Law/Venue. This Agreement shall be governed by the law of the State of
Florida. Venue for litigation of this Agreement shall be in a court of competent jurisdiction in
Jacksonville, Florida.
Page 6 of 8
27. Survival of Provisions. The provisions of Sections 8, 11, 12, and 13 shall survive the
termination of this Agreement.
IN WITNESS WHEREOF, the parties, by and through their lawfully authorized representatives
have executed this Agreement on the day and year first above written.
ATTEST: 1 JAC NVIL E
By: I , / / ' ,Cxs -• : �-
Neil . • cArthur, Jr., ,���' • ; John Peyt• , Mayor,
Corporation Secretary ;'�,,"; $�`� 1,
tgFP
ATTEST: `, I/ CITY OF ATLANTIC BEACH
A01,4 J1/ /
-------- By: ai2,0 H Wel
Donna L. Bussey, City Clerk/ Donald M. Wolfson, Mayor ,
In compliance with the Charter of the COJ of Jacksonville, I do hereby certify that there
is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to
cover the foregoing Agreement, and provis.: ► -. .-en a% for - - payment of the monies
provided therein to be paid. I
�, �
;actor of Administration and Finance,
City of Jacksonville
S C• 34.
Form Approved:
441 II
LA.asassam _
• I ffice o' C ene Counsel
G:\Go 't t aerations\WCrowe\Public Works\COAB Walkover\atlantic beach interlocal agreement.031706A.doc
Page 7 of 8
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this Peek day of 2006,
by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporation Secret respectively, of
the City of Jacksonville, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
Vare personally known to me; or
o produced a current driver's license as identification; or
o produced / as identification
40.
14/1". . .). // n ���_ _*r. Sign)
(Print)
NOTARY PUBLIC
My Commission expires:
(NOTARIAL SI;A� �P�e, Sharon E. Chappelle
,_ Commission#DD311312
=555.-- ;:Expires July 25,2008
' 14$ iv``:'Bonded Troy Fain-Insurance.Inc.900395'7019
STATE OF FLORIDA )
)ss.
COUNTY OF DUVAL)
The foregoing instrument was acknowledged before me this tax' day of i(11Iay 2006,
by Donald M. Wolfson and Donna L. Bussey, the Mayor and City Clerk respectively, of the City
of Atlantic Beach, a municipal corporation in Duval County, Florida.
Such persons: (notary must check applicable box)
lar are personally known to me; or
❑ produced a current driver's license as identification; or
❑ produced as identification
(Sign)
,eolnnt M Shy (Print)
NOTARY PUBLIC
My Commission expires: t.& 31, X009
L SEAL
JEANNE M.SHAW
=t N• ib MY COMMISSION#DD 435986
a EXPIRES:May 31,2009
" ,,N;F'. Bonded Thru Notary Public Underwriters
Page 8 of 8
EXHIBIT A
` Page l of 4
3rd St Beach Access
BERG f
1 \ 1, BOOTH y
H"LYES y j��
i L N
I --
7 i
MEYER tj
I WADDELL t
1 I I
KAr.
NE
1,
i 2 1
1 REYNOLDS
, POST t
RILEY 4 ` POST
t_.r— 3rd St BeYch Access
3RD
t
MC LAUGHLIN l
4l MC LAUGHLIN
YOCKEY l
) \
1 HOLMES
POCK YOCKEY
m
l
I = SNEAD
HYMANI ______,J,
L--------------
--------7 \
~`f SANTAYANA
� 1
)ISANTAYANA) �!
CARITHERS 1 t
� --f� CHESHIRE
1 CHESHIRE
I _SIMMANS"
0 62.5 . 125 - 250 Feet
I I i I 1 1 I 1 - I
qI
4-4
0
H
•
H N
co
H CD
•
0 CP
X b
G.3d n .
(14
.1 ❑
•
-3u
V
•
® M
. . u
EXISTING COCF�E
DUNE ---
.-civ.:
WICK X
�--J F
---- ---- ...7.-j .
''-`J - 41-4:
G CONCRE(E o o
.--..:-%1" -1 NEW DUNE WALKOVER EXI 1N L'
SEE.DETAILS v403-,c ct
m o
1-" ...�.t'
_,U
•
-EXISTING LOW '..
a,
ARCA OF DUNE \ Cil ...-.---•'-----._f...------•---••---•-----'--.'- •----......-------- •-x
- z
U
•
1 I - <
w;
in I__ R n n 7 n tC- I'Y 1 -n `fS n --,...--c..1 J W
;---7 _-- EXISTING RAIL TO r m
S REMAIN - MOVE <
II I - - - AS REQUIRED TO u
E W i F 11 •
- MAKE ROOM FOR _
yy EXISTING DUNE `
I, -- WALKOVER TO NEW WAU(OVER o
N I ��`— BE REMOVED z
SLOPE > -(
SLOPE FLAT _— —
69'-11 .3/8./e• - •--- -----" u <
rH.
DUNE
F L O O R P L A N NOT
TO
HEIGHT VARY MORE
ALLOW 0
N
FOR CHANCES IN TOPGRAPHY
HIGH PART OF OF THE DUNE SYSTEM.
/DUNE BEYOND
!/ m
CONT. CURB
i
TO OQUN ;- EXISTING CONCRETE
'� ��>. /WALK kl
---_— --" -----------.. -- .......7--- --______--
DUNE
-
PROFILE _ M II
-
•
•
` -
- P.T. IVO POSTS 0 7..-0' 9 t�
O.C. - SEE DETAIL SHEET ;
NORTH ELEVATION yyy
�J ry
r b
so
o : 0;110V ' RECEIVED 1
El ,U
H Cr) MAR 1 1 90'59 Q L7 N
IIIY
21 City of Atlontlo odacl W
W p� Building and Zoning
Lor I. BLOCK 52 I++
ATLANTIC BEACH �� 0.1' U E
I .6
, ,
PLAT BOOK 5,!PAGE 69 �� �> > �'
),..
`01
S' X 5� fUT �l
,� its, 'C;,t..:•;.4/;, • \ SE TIO Y J
��' +ti•,`"e' .;.,.;. EXISTING FIST E,ISIINC S CTION r
p* �� .Q.:":t.... SECTION
r` � ,;;,..; ,., .� Iwl:To 1/iS PJT1C 10 8E REMOVED I
•
rc''wu' ... .ID'Ccw. rc. ? \E%ISI NC w�12 1�1 I fi� I "' a
• nvn '. sa%v!�. •ri: PITCH•'S"�.TtIN--�! 1E O w
-a (
if fru Cl`' `�a� +{i }� I 70 �:":7_21....:
J %ISTINC Z
12
/ I � I ETAIL t t
II W � 1 � U a,—1
LOT 11, BLOCK 5I # • . \
I lti�l 6 \,a \\ �'; ..
ATLANTIC BEACH '
•
PLAT BOOK 5,,PACE 69 Mw ~
Z $
ED
i-- o
U
sI
L.L.
0
0 IN
GRAPHIC SCALE • 0
' 70 0 10 70 40 „
1 1 1 ,
1
iii d69ciAwA PON omuirrR oN
( 114 FEET ) NO. NANOICAP PANTING SGV
----
5.2 SOVARC
1 inch . 20 (L he .tIw POST e
M
*PP MOPONCN MX(
,, rN
1
t b
P.'
i
v'
4-I
El
0
H 'Cr
cc)
H 4)
(U
ro
w a
I e n
< o
D
1 - 0
Q
0 n
• o
1
2%8 HANDRAIL
A
]y
Ill a II P( 3 C
/;i\ II 1 CONT. 2X6 I I
fir_ u I I CONT. 6X8 POST
__ 2' OFFSET �� Z
— (2) 2X8 JOIST 1111 u
f '2X8 DECKING / ONT. o
\ < _
\ CONT. 2XB W/ �2) 2%6 JOIST ----1 a' a A CO
(2) 3/8' BOLTS ► -� I �� '
W/ 2.5' SO. WASHERS / ONT. I I A ,ECKING•
/ 20
•
N < <
•
J W
•
I—
< Q
^I • • •• • --1 \ / U
CONT. 2X6 W/ (2 2X8 BEAM W/ o ..
I • • (2) 3/8" BOLTS (2) 3/8" BOLTS z
•\ • W/ 2.5' SO. WASHERS EA END W 2.5"
SO. WASHERS r
(2) NAILS O ~ '-
EA. BEARING u <
NOTES:
1) ALL LUMBER TO BE .40 RETENTION
•
(2) 2X8 BEAN W/ • PRESSURE TREATED. o0
I (2) 3/8' BOLTS 2) ALL NAILS TO BE STAINLESS STEEL o
CONT. 6X6 POST EA. END W/ 2.5" RINK SHANK.
S0. WASHERS
/ J) ALL BOLTS TO BE HOT DIPPED0
0
GALVANIZED. C)
25
\
LH------
��1 4 ' ill� __..._.--._..._�_. __ .r. O
I k.0 "
0'-8 3/4" _ u
a
s I
TYPICAL FRA M I N G SECTION
•
EXHIBIT B
TO
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF JACKSONVILLE
AND
THE CITY OF ATLANTIC BEACH
("Agreement")
Pursuant to Section 4 of the Agreement, Sections 118.204 and 118.205 of the Ordinance
Code of Jacksonville state as follows:
Sec. 118.204. Release of appropriation.
If a public service grant is made by the Council, it shall be released
and disbursed only subsequent to the execution by the recipient of
a written agreement:
(a) Accepting the funds so appropriated in accordance with the
terms of this agreement, the provisions of the ordinance
appropriating the funds and of this Chapter as from time to time
amended.
(b) Consenting to abide by F.S. Ch. 119 and successors thereto.
(c) Agreeing to return within 15 days of demand therefor the City
funds appropriated to the recipient in the current fiscal year upon
the Council's finding that the terms of an agreement executed by
the recipient, the provisions of an ordinance appropriating funds to
such recipient or the provisions of this Chapter have been violated.
(d) Agreeing to return to the City the funds expended for
disallowed expenditures as determined by the Council or Council
Auditor in accordance with Part 4 of this Chapter.
(e) Agreeing:
(1) To maintain separate bank demand and/or time deposit
accounts and deposit the City funds received and no other funds in
the accounts and make all disbursements of City funds from the
accounts; or
(2) With the approval of the Council Auditor, to maintain a
separate budgetary accounting system so that the receipt and
disbursement of City funds can be accurately and adequately
determined by reference to the books of accounts of the recipient
and a separate bank account need not be maintained.
(f) Consenting to:
(1) Such audits of the financial affairs of the recipients by the
Council Auditor's Office as the Council Auditor may require.
(2) Producing the documents required by the Council Auditor.
(3) In the case of each recipient receiving funding less than
$50,000 from the City, furnishing an annual report of receipts and
expenditures of City funds in such form as the Council Auditor
Page 1 of 3
shall prescribe. This report shall be certified as to its accuracy by
the Financial Officer/Treasurer of the recipient's organization. This
report shall be on a fiscal year of October 1 through September 30
and shall be due on November 15 of each year.
(4) In the case of each recipient receiving funding from $50,000
to $500,000, furnishing the City a copy of an audit report
conducted in accordance with Generally Accepted Auditing
Standards (GAAS) issued by the Auditing Standards Board of the
American Institute of Certified Public Accountants (AICPA). This
report shall be due within 120 days of the close of the recipient's
fiscal year.
(5) In the case of each recipient receiving funding in excess of
$500,000, furnishing the City a copy of an audit report conducted
in accordance with both GAAS and Government Auditing
Standards (GAS) issued by the Comptroller General of the United
States, and if applicable the provisions of Office of Management
and Budget Circular A-133, "Audits of Institutions of Higher
Education and Other Nonprofit Organizations", of its financial
affairs for its fiscal year ending within the current fiscal year of the
City made by an independent certified public accountant. This
report shall be due within 120 days of the close of the recipient's
fiscal year.
(6) At least biannual administrative and programmatic reviews
directed by the Department responsible for the administration of
the recipient's funding, and in cooperation with the Human
Services Council partners as appropriate. These reviews will be
directed toward quality improvement in the recipient's service
delivery.
The agreement shall be executed only once in each fiscal year and
shall apply to all appropriations made by the City during the fiscal
year. The Mayor and Corporation Secretary shall execute the
agreement on behalf of the City.
(Ord. 75-1300-614, § 1; Ord. 79-597-291, § 1; Ord. 83-591-400, §
1; Ord. 85-805-565, § 1; Ord. 92-1600-927, § 1; Ord. 97-608-E, §
1; Ord. 2005-1147-E, § 1)
Note: Former § 127.204.
Sec. 118.205. Content of audits by independent certified public
accountant.
In every case in which a recipient is required to produce or file
with the Council Auditor an audit by an independent certified
public accountant, the following documents will be supplied:
(a) For funding by the City of less than $50,000, an annual report
of receipts and expenditures of City funds in such form as the
Council Auditor shall prescribe.
Page 2 of 3
(b) For funding by the City of $50,000 to $500,000, an audit
conducted in accordance with Generally Accepted Auditing
Standards (GAAS).
(c) For funding by the City in excess of $500,000, an audit
conducted in accordance with both GAAS and GAS, and if
applicable the provisions of Office of Management and Budget
Circular A-133, "Audits of Institutions of Higher Education and
Other Nonprofit Organizations."
(d) The Council Auditor shall have the authority to waive only
the audit report requirements related to Government Auditing
Standards under any of the following conditions:
(1) If the Council Auditor recognizes that the cost of
implementing such an audit requirement adds substantially to the
total cost of the audit; or
(2) If the City is the only entity that is requiring that the audit be
conducted in accordance with Government Auditing Standards; or
(3) The recipient provides other requested information that in the
opinion of the Council Auditor satisfies the Government Auditing
Standards requirements; or
(4) If the recipient will no longer receive Chapter 118 funding
from the City in future years due to dissolution of its operations; or
(5) If for any other reason, as determined by the Council Auditor,
such an audit would not provide additional value to the City.
(e) The independent auditor's report shall include separate
statements of source and status of funds received from the City,
and program costs showing the expenditure of City funds as
compared to the authorized budget for those funds from the City.
(Ord. 75-1300-614, § 1; Ord. 78-1246-691, § 1; Ord. 83-591-400,
§ 1; Ord. 92-1600-927, § 2; Ord. 97-608-E, § 1; Ord. 2005-1147-E,
§ 1)
Note: Former § 127.205.
Page 3 of 3