Chapter 118 - CITY GRANTS

Sec. 117.112. - Reporting. Chapter 119 - STATE REVOLVING FUND LOANS Chapter 118 - CITY GRANTS[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2009-868-E, §§ 1 and 2, amended the Code by repealing former Ch. 118, §§ 118.101—118.106, 118.201—118.209, 118.301, 118.401—118.405, 118.501—118.505, 118.601—118.610, and 118.701—118.704, and adding a new Ch. 118. Former Ch. 118 pertained to public service grant appropriations, and derived from Ord. 75-1300-614, Ord. 78-1246-691, Ord. 79-359-159, Ord. 83-591-400, Ord. 85-805-565, Ord. 90-214-33, Ord. 93-671-339, Ord. 97-310-E, Ord. 97-608-E, Ord. 98-542-E, Ord. 2001-715-E, Ord. 2003-207-E, Ord. 2004-429-E, Ord. 2004-785-E, Ord. 2006-389-E, Ord. 2006-946-E, Ord. 2007-105-E, Ord. 2008-88-E and Ord. 2008-496-E.

Charter reference— Finance and taxation, Art. 14.

Cross reference— Finance and Administration Department, Ch. 24.

PART 1. - GENERAL PROVISIONS

Sec. 118.101. - Purpose.

This Chapter is enacted to regulate the manner and method by which City grants made by the City Council are obtained and used by the recipients, as defined in Section 118.104. The Recipient provides services and activities determined by the City Council to be beneficial to the general welfare of the people of the City and to their economic, social, medical, cultural and educational improvement and advancement. In aid of these objectives, the City Council appropriates City funds to the Recipient either in the annual budget ordinance or in other appropriation ordinances. The City has a duty to see that the City funds are spent for public purposes as determined by the City Council in the most efficient, economic manner possible, giving due regard to the purposes for which the City funds are appropriated and the particular method or program by which the City funds are to be spent. Notwithstanding any exemptions listed in Section 118.106, no portion of any grant monies appropriated by the City shall be used by any Recipient for any program or expense which provides assistance to or supports any person who has been determined to be a sexual predator or sexual offender, as those terms are defined in the Florida Statutes, unless the Recipient has entered into an agreement with the Sheriff, whereby the Sheriff will perform such supervision of all sexual predator and sexual offender clients as may be required pursuant to Florida law. This requirement shall not affect or apply to any grant monies, or portions thereof, awarded for purposes not associated with sexual predators or sexual offenders. General review of these requesting agencies and of their operating or program budgets shall be undertaken by an independent Public Service Grant Council, Cultural Council, the Mayor, and the City Council, as applicable, to ensure that the City funds which support or form a part of their budgets are needed and will be properly applied.

(Ord. 2009-868-E, § 2; Ord. 2020-522-E, § 1)

Sec. 118.102. - Scope.

This Chapter applies to all City funds received by Recipients as a result of appropriations contained in the annual budget ordinance or City grants contained in other appropriation ordinances. This Chapter also applies to all City funds that are appropriated by the City Council as a lump-sum, unallocated, public service appropriation to Recipients or by the Cultural Council.

(Ord. 2009-868-E, § 2)

Sec. 118.103. - Construction.

This Chapter shall be given a liberal construction on behalf of the City to accomplish the purpose set out in Section 118.101.

(Ord. 2009-868-E, § 2)

Sec. 118.104. - Definitions.

The following words, terms, and phrases (whether or not capitalized), when used in this Chapter, shall have the meaning ascribed to them herein, unless different meanings are clearly indicated by the context. When not inconsistent with the context, words used in the present tense shall include the future, words in the plural include the singular, and words in the singular include the plural.

(a)

Agreement means the written agreement executed between the City and the Recipient regarding the terms and conditions of the City grants.

(b)

City Council means the City Council of Jacksonville, Florida, as defined in Section 1.102(g), Ordinance Code.

(c)

Cultural Council means the Cultural Council of Greater Jacksonville, Inc., a nonprofit corporation whose cultural objectives and public purposes were approved by Resolution 73-1221-322.

(d)

City funds means the moneys appropriated by the City Council for distribution to public and private agencies that are not passthrough funds as contemplated in Chapter 117, Ordinance Code.

(e)

City Grant means:

(1)

An appropriation of City funds by the City Council pursuant to any of the provisions of this Chapter.

(2)

An allocation by the Cultural Council of City funds to a Requesting Agency.

A City Grant shall include without limitation a Public Service Grant and a Cultural Service Grant.

(f)

Cultural Service Grant means an allocation by the Cultural Council of appropriated City funds to a requesting agency pursuant to the provisions of Part 6 hereof.

(g)

Expenditure means a sum of money paid to satisfy some financial obligation of a recipient.

(h)

Non-Cash Expense means a non-cash charge to income (such as depreciation), an accrual for estimates (such as bad debt expense) and general overhead (such as indirect costs). Only General overhead, including specified allocations or items, is allowable as specified by contract.

(i)

Grants Administrator means the Chief of Grants and Contract Compliance, or designee.

(j)

Grant Monitor means the individual designated by the City Department or by the Cultural Council that is responsible for the monitoring of the appropriation during the term of the agreement.

(k)

Public Service Grant means an appropriation made by the City Council to a requesting agency based upon the funding recommendations of the Public Service Grant Council as provided in Part 8 hereof.

(l)

Public Service Grant Council means the citizen council appointed in accordance with Part 8 hereof, and which is responsible for making funding recommendations with respect to Public Service Grants.

(m)

Most Vulnerable Persons and Needs is a group of citizens with common needs and traits requiring public services from Requesting Agencies, whose needs have justified priority consideration over other deserving populations or groups in competition for City funding.

(n)

Recipient means a public or private entity, organization, firm or individual to whom the City Council has appropriated City funds and to whom the Cultural Council has allocated appropriated City funds pursuant to the provisions of this Chapter.

(o)

Requesting Agency means a public or private entity, organization, firm or individual who is requesting an appropriation of City funds from the City Council pursuant to the provisions of this Chapter or who is requesting an allocation from the Cultural Council of appropriated City funds pursuant to the provisions of this Chapter.

(Ord. 2009-868-E, § 2; Ord. 2019-210-E, § 2; Ord. 2023-33-E, § 8; Ord. 2025-191-E, § 1)

Sec. 118.105. - Other Ordinances not to Control.

This Chapter is the general ordinance concerning the receipt and accounting for of expenditures of City funds appropriated to Recipients for the performance of public services; and other ordinances on the same subject, whether applicable to one or to all Recipients, shall not change, modify or supersede any of the provisions hereof except by means of express language so doing.

(Ord. 2009-868-E, § 2)

Sec. 118.106. - Grants for Economic Development, Children and Youth Services Contracts Exempt.

Grant proposals that focus on economic development opportunities shall be processed through the Downtown Investment Authority (DIA) utilizing the application process established by the DIA and shall not be subject to this Chapter. Contracts and agreements managed by the Kids Hope Alliance under Chapter 77, Ordinance Code, shall not be subject to this Chapter.

(Ord. 2009-868-E, § 2; Ord. 2012-364-E, § 10; Ord. 2017-563-E, § 4)

Sec. 118.107. - Nonprofits to receive funding through a competitive evaluated award process; waiver and disclosures.

(a)

Except as provided for in Section 118.106 above, all City funds appropriated to nonprofit organizations shall be subject to a competitive evaluated award process under Chapters 118 or 126, Ordinance Code, as applicable. A "competitive evaluated award process" means that funding shall be competitively procured under the procedures set forth in Parts 6 or 8, Chapter 118, or Part 3, Chapter 126, Ordinance Code, via an evaluated bid process as outlined therein. This provision is specifically not intended to prevent the use of Section 126.108 (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), or (l), Ordinance Code.

(b)

Any waiver of subsection (a) above shall require:

(1)

A detailed explanation as to why the direct contract with the nonprofit is necessary,

(2)

Filing by the nonprofit of an affidavit, in a form approved by the Office of General Counsel, that indicates whether the Mayor, an appointed Department Director or Officer/Manager overseeing an Office of the Executive Branch, all personnel within the Office of the Mayor, with the exception of administrative support personnel, or a Council Member, or the spouse or children of the Mayor, an appointed Department Director or Officer/Manager overseeing an Office of the Executive Branch, all personnel within the Office of the Mayor, with the exception of administrative support personnel, or a Council Member, is or is not employed by the nonprofit organization or serves on the nonprofit Board of Directors, prior to filing of any legislation. Failure to submit an accurate affidavit shall cause the award to be voidable by the City. The affidavit shall be attached as an Exhibit to the filed legislation.

(3)

If the only connection listed in the affidavit is non-paid service on the Board of Directors of the nonprofit organization, the legislation can be filed without a solicitation of additional suppliers as set forth below.

(4)

If a connection in subsection (2) above is listed, subject to the exception outlined in subsection (3) above, prior to filing, the bill introducer, or the Mayor's Office if the bill is filed by the Council President on behalf of the Mayor, shall submit a requisition to the Procurement Division, on a form to be developed by the Procurement Division, to solicit additional suppliers who may be willing and able to provide goods or services via Request for Information ("RFI"). This RFI, which will incorporate the scope of the project and basic minimum requirements, will be posted on the website, by the Procurement Division, for a minimum 14-day period. The Purchasing Division shall notify the applicable using agency and potential bill sponsor of the posting and receipt of any responses.

(5)

If there is more than the one original response, the contract shall be competitively bid pursuant to Chapter 126, unless the bill sponsor or the Mayor, as applicable, files legislation which shall include a statement as to the number of responses to the RFI.

(c)

Waiver of subsection (a) of this Section or any of the requirements in subsection (b) of this Section shall require approval of two-thirds of the Council members present.

(Ord. 2021-761-E, § 1; Ord. 2025-285-E, § 1)

PART 2. - DISBURSEMENT OF CITY GRANTS

Sec. 118.201. - Release of Appropriations.

Appropriations made pursuant to this Chapter 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 or prior fiscal years upon the City Council's, Council Auditor's, or Grant Monitor'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 City Council, Council Auditor, or Grant Monitor in accordance with Part 4 of this Chapter.

(e)

Agreeing:

(1)

To maintain separate bank demand and/or time deposit accounts for each program and deposit the City funds received and no other funds in the accounts and make all disbursements of City funds from the accounts. Provided, however, that if Recipients are on a reimbursement or draw basis the Recipient does not have to maintain a separate bank account; 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 City funding less than $100,000 from the City, furnishing an annual report of receipts and expenditures of City funds in such form as the Council Auditor 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 City funding, either from one City funding source or cumulatively from several City funding sources, an amount from $100,000 to less than the Single Audit threshold amount stated in Title 2, Part 200, Subpart F of the Code of Federal Regulations, furnishing the City a copy of an audit report in accordance with Generally Accepted Auditing Standards (GAAS) issued by the Auditing Standards Board of the American Institute of Certified Public Accountants (AICPA). Except as otherwise provided herein, this report shall be due within 120 days of the close of the recipient's fiscal year; however, if the recipient is required to perform a Single Audit pursuant to Title 2, Part 200, Subpart F of the Code of Federal Regulations, the required audit shall be due to the City within 120 days after the later of the close of the recipient's fiscal year or the final release of the annual Office of Management and Budget Compliance Supplement. Recipients whose annual financial audit is performed by the State Auditor General, or who are otherwise required to provide their annual audit to the State Auditor General pursuant to F.S. § 218.39, shall provide the audit report required herein to the City within the time period required by F.S. § 218.39. Any report required under this subsection shall present information based on the City's fiscal year of October 1 through September 30.

(5)

In the case of each recipient receiving City funding, either from one City funding source or cumulatively from several City funding sources, an amount equal to or in excess of the Single Audit threshold amount stated in Title 2, Part 200, Subpart F of the Code of Federal Regulations, 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 Single Audit provisions of Title 2 Part 200 Subpart F of the Code of Federal Regulations, of its financial affairs for its fiscal year ending within the current fiscal year of the City made by an independent certified public accountant. Except as otherwise provided herein, this report shall be due within 120 days of the close of the recipient's fiscal year; however, if the recipient is required to perform a Single Audit pursuant to Title 2, Part 200, Subpart F of the Code of Federal Regulations, all reporting shall be due to the City within 120 days after the later of the close of the recipient's fiscal year or the final release of the annual Office of Management and Budget Compliance Supplement. Recipients whose annual financial audit is performed by the State Auditor General, or who are otherwise required to provide their annual audit to the State Auditor General pursuant to F.S. § 218.39, shall provide the audit report required herein to the City within the time period required by F.S. § 218.39. Any report required under this subsection shall present information regarding recipient's use of City funding based on the City's fiscal year of October 1 through September 30.

(6)

At least biannual administrative and programmatic reviews directed by the Department responsible for the administration of the recipient's funding. These reviews will be directed toward quality improvement in the recipient's service delivery.

(7)

Contract provisions that provide for payment based upon draws for services performed or reimbursements for work done; reasonable retainages until all reports, audits or accountings are provided by the recipient and accepted by the City; and limitations of ten percent on advance payments for "start-up" costs.

(8)

Any other contractual provisions approved by the Council Auditor, the Director of the Neighborhoods Department and the Office of the General Counsel that are necessary to protect the City's interest in the Agreement and to accomplish the purpose set out in Section 118.101.

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. 2009-868-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16; Ord. 2025-383-E, § 1; Ord. 2025-812-E, § 1)

Sec. 118.202. - 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 $100,000, an annual report of receipts and expenditures of City funds in such form as the Council Auditor shall prescribe.

(b)

For funding by the City of $100,000 to less than the Single Audit threshold amount stated in Title 2, Part 200, Subpart F of the Code of Federal Regulations, an audit conducted in accordance with Generally Accepted Auditing Standards (GAAS).

(c)

For funding by the City in an amount equal to or in excess of the Single Audit threshold amount stated in Title 2, Part 200, Subpart F of the Code of Federal Regulations, an audit conducted in accordance with both GAAS and GAS, and if applicable the Single Audit provisions of Title 2, Part 200, Subpart F of the Code of Federal Regulations.

(d)

The Council Auditor shall have the authority to waive only the audit 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 funding pursuant to this Chapter from the City in future years due to dissolution of its operations; or

(e)

The required audit shall include a separate statement which identifies the source and use of each appropriation approved by the City pursuant to this Chapter, based on the City's fiscal year. The statement should present the actual receipts and expenditures of City funds as compared to the budget. The statement should use the budget as reflected within the recipient's grant contract. Any approved changes to the original budget should be appropriately reflected on the statement.

(Ord. 2009-868-E, § 2; Ord. 2025-812-E, § 1)

PART 3. - ADMINISTRATION OF CITY GRANTS

Sec. 118.301. - Expenditure of appropriated funds.

(a)

Each recipient of appropriations made pursuant to this Chapter is responsible for assuring that City funds in its possession are expended as follows:

(1)

City funds expended by a recipient shall be in accordance with governing laws and regulations of the State and the City.

(2)

Recipients shall expend City funds in accordance with the budget approved by the City Council, Mayor, Public Service Grant Council, Grant Monitor or Cultural Council.

(3)

Appropriation moneys may not be expended for the following purposes:

(i)

Losses arising from uncollectible accounts and other claims, and related costs.

(ii)

Contributions to a contingency reserve or a similar provision for unforeseen events.

(iii)

Contributions and donations to other groups or organizations.

(iv)

Costs of amusements, social activities and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation and gratuities, except for such activities and expenditures relating to the Sister Cities Association Program or the Bob Hayes Invitational Track Meet, Inc.

(v)

Costs resulting from violations of or failure to comply with federal, State and local laws and regulations.

(vi)

The salaries and costs of the office of the governor of a state or the chief executive of a political subdivision. These costs are considered a cost of general state or local government.

(vii)

The salaries and other costs of the Legislature or similar local governmental bodies such as County commissioners, City councils and school boards, whether incurred for purposes of legislation or executive direction.

(viii)

Interest on borrowings (however represented), bond discounts, cost of financing and refinancing operations and legal and professional fees paid in connection therewith.

(ix)

Non-cash Expenses as defined in Section 118.104.

(x)

Costs of any audits required under this Chapter.

(4)

Equipment, property, or tangible personal property purchased with City Grant funding, must be non-consumable and consistent with City capitalization level requirements over Section 122.801(e) Ordinance Code, as amended and a useful life of one year or more and shall be inventoried. The recipient shall maintain property inventory records, acquisition documents and usage records. Upon the expiration of its use for an approved public purpose, the equipment, property, and tangible personal property shall be transferred free and clear of all liens and encumbrances to the City or disposed of as authorized in writing by the City.

(5)

Unless otherwise provided in the agreement, the appropriation funds are to be expended during the City's Fiscal year. Any funds which are residual funds remaining unspent or unencumbered by any existing (not contingent) legal obligation at the end of the contract period shall be returned to the City in the form of a negotiable instrument not later than 90 days after the close of the period, except that when a recipient continues to receive an appropriation from the City in the next fiscal year, a limited amount of residual funds may be carried forward from September 30 to October 1, which shall not exceed ten percent of the current appropriation to the recipient or $500, whichever is greater. The City appropriation for the new fiscal year shall, however, be reduced by the amount of the unencumbered residual funds so carried forward. Any additional unencumbered residual funds shall be returned as provided hereinabove.

(b)

A grant monitor shall report changes, if any, in the City funds budget to the City Council Auditor's Office annually.

(Ord. 2009-868-E, § 2)

PART 4. - DISALLOWANCE OF EXPENDITURES

Sec. 118.401. - City's right to disallow expenditures.

The City retains the right to disallow expenditures of City funds. The Council Auditor may audit the expenditures of City funds by each recipient. The audit report of the Council Auditor delineating the questioned expenditures shall be delivered, by certified mail, to the recipient affected. If the recipient does not protest the questioned expenditures in accordance with this Part, the questioned expenditures shall be disallowed expenditures and the amount of the disallowed expenditures shall be immediately returned to the City.

(Ord. 2009-868-E, § 2)

Sec. 118.402. - Protest of questioned expenditures.

A recipient may protest one or more of the questioned expenditures by filing a written protest with the City Council President within ten days of receipt of the audit report of the Council Auditor. The City Council President shall refer the protest to the Finance Committee as an Audit Appeals Committee.

(Ord. 2009-868-E, § 2)

Sec. 118.403. - Audit Appeals Committee.

Within 30 days after the protest is referred to the Audit Appeals Committee, a public hearing shall be conducted by the Committee. The Committee shall file a written report on the protest and propose an appropriate resolution for final action by the City Council within 15 days of the conclusion of the hearing. A copy of the report shall be delivered, by certified mail, to the protesting recipient.

(Ord. 2009-868-E, § 2)

Sec. 118.404. - City Council ruling on protest of questioned expenditures.

Upon receipt of the report of the Audit Appeals Committee, the City Council shall take such action, by resolution, as it deems appropriate and notify the recipient affected, by certified mail, of its action. The amount of the protested questioned expenditures disallowed by the City Council shall be disallowed expenditures and immediately returned to the City.

(Ord. 2009-868-E, § 2)

Sec. 118.405. - Return of disallowed expenditures.

Every recipient shall return the amount of:

(a)

Questioned expenditures not protested in accordance with this Part, thereby becoming disallowed, within 15 days of receipt of the audit report of the Council Auditor.

(b)

Questioned expenditures protested, but disallowed by the City Council in accordance with this Part, within 15 days of receipt of notification of the City Council's action.

(Ord. 2009-868-E, § 2)

PART 5. - LIABILITY AND LOSS OF ENTITLEMENT OR ELIGIBILITY FOR CITY GRANTS

Sec. 118.501. - Liability for disallowed expenditures.

Each recipient shall be liable to the City for the full amount of a finally disallowed expenditure.

(Ord. 2009-868-E, § 2)

Sec. 118.502. - Loss of entitlement to City Grants.

A recipient who violates the provisions of Section 117.109 shall lose all entitlement to further disbursement of its City Grants and the Director of Finance and Administration shall withhold disbursement upon certification of this loss of entitlement by the Council Auditor.

(Ord. 2009-868-E, § 2; Ord. 2016-140-E, § 16)

Sec. 118.503. - Loss of eligibility for failure to comply with this Chapter.

A recipient failing to comply with requirements of this Chapter shall be ineligible to apply for or receive a City Grant pursuant to the provisions of this Chapter or a funding recommendation pursuant to the provisions of Part 8 until being certified by the Council Auditor as being in compliance.

(Ord. 2009-868-E, § 2; Ord. 2016-56-E, § 2)

Sec. 118.504. - Failure or refusal to make reports and responses.

Each recipient that shall fail to comply with the terms of the Agreement executed by the Recipient, the provisions of the ordinance appropriating City funds to the recipient or the provisions of this Chapter, including the failure to make the reports and responses required by this Chapter, shall lose all entitlement to further disbursement of its City Grant and the Director of Finance and Administration shall withhold disbursement upon certification of this loss of entitlement by the Council Auditor. Entitlement shall be restored upon a certification by the Council Auditor that the recipient has complied with the provisions of this Chapter.

(Ord. 2009-868-E, § 2; Ord. 2016-140-E, § 16)

Sec. 118.505. - City's right to collect amounts due.

Notwithstanding any other provision of this Chapter, the City retains the right to take any legal or equitable action necessary to collect amounts due the City arising out of or connected with a City Grant.

(Ord. 2009-868-E, § 2)

PART 6. - CULTURAL SERVICE GRANTS AND ART IN PUBLIC PLACES[2]

Footnotes: --- (2) ---

Editor's note— Ord. 2023-20-E, § 2, amended the Code by repealing former Part 6, §§ 118.601—118.610, and § 4 of the ordinance added a new Part 6. Former Part 6 pertained to the Cultural Service Grant Program, and derived from Ord. 2009-868-E; Ord. 2011-732-E; Ord. 2013-209-E; Ord. 2014-776-E; Ord. 2016-140-E; Ord. 2016-483-E; Ord. 2017-262-E; and Ord. 2017-563-E.

SUBPART A. - CULTURAL SERVICE GRANT PROGRAM

Sec. 118.601. - Creation and purpose.

There is hereby created a Cultural Service Program, which shall be comprised of the Cultural Service Grant and Capital Grant Program pursuant to this Subpart A and the Art in Public Places Program pursuant to Subpart B. The mission and purpose of the Cultural Service Program is to provide public support to organizations which contribute to the cultural quality of life of Jacksonville's citizens and to administer the City's Art in Public Places Program. The provisions of Chapter 118, Parts 1 through 5 shall apply to this Part 6.

(Ord. 2023-20-E, § 4)

Sec. 118.602. - Responsibility.

(a)

Cultural Council of Greater Jacksonville City appointments and terms:

(1)

Members of the Cultural Council of Greater Jacksonville. The Cultural Council of Greater Jacksonville is a not for profit 501(c)(3). Pursuant to its bylaws, the Mayor appoints, and the City Council confirms six members to serve two terms of three years.

(b)

The Cultural Council of Greater Jacksonville (Cultural Council) is hereby designated as the agent of the City for the purposes of determining and authorizing the allocation of a lump sum Cultural Service Grant and Capital Grant appropriation designated in the annual budget ordinance or supplemental appropriation ordinances as being appropriated for eligible recipients. The determinations and authorizations made by the Cultural Council and its Cultural Service Grant Committee in accordance with the provisions of this Section shall be final and not subject to further administrative review by any executive or administrative official of the City. No cultural organization as defined in this Chapter may make a request for operating, program, or special project support except through an allocation from the Cultural Service Grant and Capital Grant Program, except for:

(1)

Organizations providing children's programs which may be funded through the Kids Hope Alliance; or

(2)

Organizations qualifying for City grants administered by City Divisions, which grants do not require specific City Council approval.

(Ord. 2023-20-E, § 4)

Sec. 118.603. - Lump sum appropriation to Cultural Council.

(a)

The process for the annual Cultural Service Grant and Capital Grant Program appropriation will begin with the Cultural Council preparation of an annual appropriation request for all cultural organizations based on information provided by eligible organizations in a "letter of intent." This request will reflect a lump sum appropriation to be indicated in the annual City budget as Cultural Service Grant and Capital Grant Program. Up to 13½ percent of the total lump sum appropriation shall be allocated to the Cultural Council for administration of the grant program and other programs which serve the community. The Capital Grant Program cannot exceed 25 percent of the total City Cultural Council appropriation (example: if the total Cultural Council appropriation is $4,000,000 from the City, a maximum of $1,000,000 can be allocated for capital purposes). The Cultural Service Grant and Capital Grant Program request shall be submitted to the Mayor for review by the Mayor's Budget Review Committee which will recommend a lump sum appropriation to be included in the proposed budget for the upcoming fiscal year. The Cultural Council shall include in the request relevant information regarding cultural services to be provided to the community as a result of the funding; and shall be responsible for documenting the validity of the request to the MBRC, the City Council Finance Committee and City Council throughout the budgeting process.

(b)

The process for the annual Cultural Council appropriation for administering the Art in Public Places Program as provided in Subpart B of this Part 6 will begin with the Cultural Council preparation of an annual appropriation request to fund all duties required to administer such Program. The appropriation request shall be submitted and processed in the same manner and at the same time as the appropriation request referenced in paragraph (a), above.

(Ord. 2023-20-E, § 4)

Sec. 118.604. - Allocation by Cultural Council; generally.

Recommendations for allocation of the lump sum appropriation to applicant organizations shall be made by the Cultural Service Grant Committee to the Cultural Council Board of Directors. The Board shall make a final determination of funding. Funding will be allocated by contract between the recipient organization and the Cultural Council. Organizations will be notified in writing of the results of their request and will be provided with any support information or justification for the Committee's decision which might be helpful. A complete list of the individual operating amounts and capital amounts allocations will be forwarded to the City Council Auditor's office, the Office of the Mayor, the City Council and the Finance Department or other department assigned by the Mayor.

(Ord. 2023-20-E, § 4)

Editor's note— Ordinance 2024-175-E, § 25, authorized updated department/division names pursuant to the reorganization.

Sec. 118.605. - Cultural Service Grant Committee.

(a)

The Cultural Council shall be responsible for establishing an annual Cultural Service Grant Program (CSGP) Committee. The Composition of the CSGP Committee shall include one non-voting and ten voting members: a CSGP Committee chairperson (non-voting), appointed by the President of the Cultural Council Board of Directors; three other Cultural Council Board members selected by the Board President and Committee Chairperson; and seven individuals selected by the above group (Cultural Council Board President, CSGP Committee chairperson, and three selected Cultural Council Board members) from a pool of nominations established through a community wide nomination process. The Cultural Service Grant Committee shall have a liaison relation with one member of City Council and one representative of the Mayor's Office.

(b)

Members of the CSGP Committee shall be chosen to represent racial, gender, geographic and age diversity; an expression of interest in the impact of culture in the community; a willingness to participate fully in the process.

(c)

Members shall serve a three-year term and may be reappointed for one additional consecutive full term. City Council and Mayoral representatives shall be appointed annually.

(d)

All members of the CSGP Committee will be confirmed by the City Council upon appointment or reappointment.

(e)

The responsibilities of the CSGP Committee include:

(1)

Review and evaluation of all applications based on established criteria;

(2)

Serve as an on-site evaluator and lead reviewer for a selected number of applicants;

(3)

Attend an orientation session and all review sessions; and

(4)

Participate in the allocations process.

(f)

The Cultural Service Grant Committee shall recommend to the Cultural Council Board of Directors the organizations to be funded and the amount of the funding.

(Ord. 2023-20-E, § 4)

Sec. 118.606. - Application for cultural service grants.

(a)

The Cultural Council shall develop and be responsible for the administration of the Cultural Service Grant Program. Administrative and operating procedures shall be established and amended as necessary to meet the mission of the program and current needs of the community. The Cultural Council may classify the cultural organizations in reasonable classifications for the purpose of this program. The procedure prescribed herein, as further developed by the Cultural Council, shall be the only procedure available to cultural organizations for requesting public support.

(b)

The following components shall be included in any administrative and operating procedures developed and implemented by the Cultural Council:

(1)

The Cultural Council shall publish each year in a newspaper of general circulation in the City, at least one month before the last day on which appropriation request must be submitted to the Cultural Council, a notice that it is accepting Cultural Service Operating and/or Capital Grant requests for the ensuing fiscal year, stating the place where the appropriation request forms may be obtained, the last day on which the completed appropriation requests must be returned to the Cultural Council and when and where the Cultural Council (or a duly authorized committee thereof) will hold a hearing on the appropriation requests (which may include a statement that the hearing may be adjourned from time to time and from place to place until all the appropriation requests have been heard).

(2)

The Cultural Council shall promulgate a written procedure for the submission of operations and/or capital appropriation requests by eligible agencies, which procedure shall be made known to each requesting agency, or its agent or representative, at the time the appropriation request form is supplied to the requesting agency.

(3)

The Cultural Council (which, for the purposes of this subsection, includes the duly authorized Cultural Service Grant Committee thereof) shall consider appropriation requests returned by the requesting agencies. The Cultural Council shall afford the requesting agencies an opportunity to make an oral or written presentation to justify or explain their respective appropriation requests, and no requesting agency shall be denied this opportunity solely because it has never submitted an appropriation request before or because a previous appropriation request has been denied.

(4)

All meetings and sessions of the Cultural Service Grant Committee shall be held in a publicly accessible location and shall be noticed and open to the public.

(Ord. 2023-20-E, § 4)

Sec. 118.607. - Eligibility for cultural service grant.

To be eligible for funding an organization must meet the following criteria.

(a)

The organization must be tax exempt under Section 501(c)(3) of the Federal Internal Revenue Code. A copy of the organization's letter of exemption from the Internal Revenue Service and all amendments thereto shall be provided when the organization submits its first appropriation request and thereafter when any change is made.

(b)

The organization must be a not-for-profit corporation chartered by the Secretary of State under F.S. Ch. 617. A copy of the corporate charter and all amendments thereto shall be provided when the corporation submits its first appropriation request and thereafter when any change is made.

(c)

The organization must operate in Duval County.

(d)

At the time of application, the organization must have been in existence as a Florida Corporation for at least three years and must have three years of filed tax returns.

(e)

The organization shall have a broad base of community representation in management and membership. The members of the board of directors shall not receive any compensation for their service as directors, but they may be reimbursed for actual monetary expenditures on behalf of the organization. The corporate charter or by-laws shall provide a method of selection of the board of directors which will periodically subject the directors to the possibility of replacement by other qualified persons. The membership of the organization shall be open to as large a portion of the public as possible, subject to such nondiscriminatory conditions and qualifications for membership as may be imposed by the corporate charter or by-laws; provided that this requirement shall not be construed to prevent or prohibit an organization from having different classes of membership with different conditions and qualifications for admission and different relative rights, privileges, and duties.

(f)

If the organization is a previous recipient of a City Grant or a Cultural Service Grant, the organization must have submitted all required reports for previous grants.

(g)

At least 76 percent of the organization's operating revenue or support shall be derived from sources other than this program.

(h)

The organization shall provide services or activities which benefit or are made available to a broad range of the people of the City and shall be offered on a nondiscriminatory basis to those people.

(i)

To receive general operating support, the organization must as its primary function present, sponsor, exhibit or otherwise offer for public consumption programs or activities in any one or combination of the following disciplines: historic preservation/restoration, arts in education, music, dance, folk arts, humanities, literature, film/video/media, theater and musical theater, visual arts, or collections or exhibits of historical, archeological, scientific or ethnic artifacts, handiwork or objects.

(j)

To receive program support an organization must meet all other eligibility requirements and must be requesting support specifically for cultural programming as defined by this ordinance.

(k)

If a capital allocation is funded at or above $25,000 the organization must enter into a restrictive covenant agreement with the City of Jacksonville to ensure dedicated use of the relative facilities or properties for public proposes and arts-specific purposes for a period of not less than ten years.

(l)

The organization shall make all reasonable efforts to adhere to the City of Jacksonville's procurement requirements for Capital expenditures.

(m)

Each recipient of the Operating and/or Capital grant funds must go through the application process to prove that the recipient can provide at least a one-dollar cash match for each dollar granted. The Cultural council will make requests for disbursements of funds and is responsible for monitoring and ensuring the funds are spent for its intended purpose and reporting on the results and use of these funds to the City of Jacksonville.

(Ord. 2023-20-E, § 4)

Sec. 118.608. - Criteria for judging applicants for cultural service grants.

All applicants to the Cultural Service Grant Program will be evaluated based on the following criteria:

(a)

Quality of programs;

(b)

Community outreach and service to culturally diverse populations;

(c)

Management capability of board and staff;

(d)

Community impact;

(e)

Need for the organization in the community; and

(f)

Exploration of innovative ideas and programming.

(Ord. 2023-20-E, § 4)

Sec. 118.609. - Restrictions for use of cultural service grants.

(a)

Each recipient of appropriations made pursuant to Chapter 118 is responsible for ensuring that City funds are expended pursuant to Section 118.301.

(b)

Cultural service grant funds must be kept in an individual bank account, notwithstanding the provision to the contrary in Section 118.201, separate from other organization funds. It may be an interest-bearing account, but the total amount of the grant and the interest must be spent by the end of the contract period; except that a remaining balance may be maintained in the cultural service grant account, notwithstanding the provision to the contrary in Section 118.301(a)(5). This balance must be identified and documented in quarterly and year end reports and shall not exceed $500. This balance shall be returned to the City within the first 90 days of the first fiscal year in which the recipient no longer receives a Cultural Service Grant appropriation. The portion of unspent funds that exceed $500 shall follow the provisions of Section 118.301(a)(5).

(Ord. 2023-20-E, § 4)

Sec. 118.610. - City contract, review, and oversight.

(a)

Upon approval of the annual budget by the City Council, one contract will be prepared and administered throughout the Finance Department, which will reflect the total amount of the lump sum appropriation for cultural service grants to all cultural organizations. Funds shall be distributed to the Cultural Council on a quarterly basis in amounts to be determined annually, notwithstanding the provision to the contrary in Section 118.201(f)(7), upon receipt by the Finance Department of a quarterly financial and programmatic report.

(b)

Upon approval of the annual budget by the City Council, a second contract shall be executed between the City and the Cultural Council for administering and performing such duties as required by the Art in Public Places Program, as fully described in Subpart B of this Part.

(c)

The Cultural Council shall establish a quarterly reporting system for all funded organizations which provides financial and programmatic information documenting the use and impact of the Cultural Service Grant Program funds.

(d)

The Cultural Council shall provide the City Auditor's office with an independently prepared or audited financial statement (depending on grant amount) from all recipients at the conclusion of the grant period. All application forms, procedures, reporting requirements, and contract agreements for recipient organizations (other than the Cultural Council) will be developed by the Cultural Council and will be between the Cultural Council and the individual recipient organizations.

(Ord. 2023-20-E, § 4)

Editor's note— Ordinance 2024-175-E, § 25, authorized updated department/division names pursuant to the reorganization.

SUBPART B. - ART IN PUBLIC PLACES PROGRAM

Sec. 118.611. - Definitions.

For the purposes of this Part, the following terms shall have the meaning ascribed to them herein:

Capital improvement program means and includes the capital improvement programs adopted or approved by the City Council.

Construction cost(s) means the estimated cost of vertical construction or alterations of a project or projected component listed within the capital improvement program including engineering, architectural and other design costs. Land acquisition costs, site preparation including remediation and abatement, furniture, fixtures, and equipment costs as well as demolition and any allowance for tree mitigation shall be excluded from the definition of vertical construction costs. Furthermore, the purchase of a building, cost overruns and change-order costs shall not be considered construction costs for the purposes of the funding calculations set forth in this Part.

Construction or alterations means new construction, where construction costs are $100,000 or more, and rehabilitation, renovation, remodeling, or improvements (herein collectively "alterations") to existing buildings. Alterations to buildings that are under $100,000 in cost or are primarily "redecorating" and involve no actual structural alterations, shall be excluded. Alterations of a strictly structural or mechanical nature necessary to keep the facility functional, but without altering the aesthetic character of the facility shall be excluded. Examples of this type of alteration would be replacing an air conditioning system or major repairs to a leaking roof or windows. These types of structural items shall be included when part of a larger renovation project involving aesthetic changes to facilities.

Public facility means any City-owned or controlled building or facility intended for habitation where public employees work on a regular basis or which the general public uses on a regular basis. Public facility includes, but is not limited to, office buildings, recreation and community centers, libraries, firehouses, police substations, vertical construction within parks and recreation spaces. Public facility specifically excludes water and sewer pump stations, electrical and communications substations and switching houses, and similar unoccupied structures except in designated Urban Art and Streetscaping Areas.

Urban Art and Streetscaping Areas are defined as art within the boundaries of the Downtown Community Redevelopment Area, Riverside Avondale Historic District Overlay, San Marco Neighborhood Overlay Zone, and Springfield Historic District Overlay, which have been identified and approved by the Art in Public Places Selection Panel.

(Ord. 2023-20-E, § 4)

Sec. 118.612. - Public art standards.

(a)

Public art is a work of art to which the general public has open and easy access and which will enrich and give dimension to the public environment, and which reflects generally accepted community standards of aesthetic appeal and artistic expression in the decorative arts.

(b)

The goal of the Art in Public Places Committee of the Cultural Council of Greater Jacksonville will be to choose art which is compatible with and which will enhance the architecture and general environment of the City. In some cases, the work will be site specific (i.e., art which is commissioned especially for the specific space and becomes integral to the site). Such art may relate to the function and the users of the facility, to the history or population of its neighborhood and/or may become a part of its architecture. Planning of site-specific works will begin early in the project and may be collaboration between artist and architect.

(c)

Acceptable forms of public art shall include all visual arts mediums, including, but not limited to, painting, drawing, original prints, mixed media, sculpture, bas relief, mobiles, murals, kinetic art, electronic art, photography, clay, glass, fiber and textiles, as well as art which may be functional (e.g., doors, gates, furniture, flooring and walls).

(d)

Public art shall not include items that are mass-produced or of standard design.

(e)

Works shall be created by artists of appropriate status who shall be selected by the means outlined in detail in this Part. Such artists shall generally be recognized by recognized art professionals, as artists of serious intent and recognized ability, and shall not be a member of the project architectural, engineering, or design team or of the Art in Public Places Committee, Art Selection Panel or the Cultural Council Board or their respective staff.

(f)

Appropriate sites for placement of public art include any outdoor, easily accessible public facility or the interior of public buildings. Appropriate sites for placement of art within public buildings include, but are not limited to, lobbies, foyers, corridors, waiting rooms, conference rooms, plazas, courtyards, transportation facilities, facades, and any other sites without restricted visual or physical public access. Private meeting rooms and offices are examples of inappropriate sites with restricted access.

(Ord. 2023-20-E, § 4)

Sec. 118.613. - Art in Public Places Committee.

There is hereby created an Art In Public Places Committee. The Committee will be an 11-member board appointed by the Mayor as follows: two from the Cultural Council of Greater Jacksonville Board of Directors; three from the professions of architecture, interior design, landscape architecture, planning, art professional, or art historian; and six from the community at large as community representatives, each residing within a different planning district whose interests, professions and community activities reflect the diversity of the Jacksonville arts community and of the community at large. All members shall be confirmed by the City Council. Initially one member of each group shall be appointed for three years, one of each shall serve two years and one of each shall serve one year. Thereafter, all terms shall be for three years. No member appointed to the Committee for two consecutive full terms shall be eligible for appointment to the next succeeding term. The Committee shall be responsible for receiving, reviewing, and acting on the recommendations of the Art Selection Panels.

(Ord. 2023-20-E, § 4)

Sec. 118.614. - Funding.

(a)

A percentage of the total allocation ("allocation percentage") (including multi-year phasing) for construction costs of a public facility, as determined by that percentage existing by ordinance at its initial inclusion within the capital improvement program, and as outlined in this Part, shall be appropriated to the Art In Public Places Trust Fund.

(b)

Funds appropriated to the Art In Public Places Trust Fund shall be used to implement a City-wide plan for the creation and placement of public art as developed and administered by the Cultural Council.

(c)

Eighty percent of the allocation percentage shall be dedicated to the public art, ten percent of the allocation percentage shall be dedicated to public art maintenance, and up to ten percent of the allocation percentage shall be dedicated to public art administration and community education; provided however, the maintenance and administration allocation percentages shall not apply to appropriations originating from any funds which prohibit expenditures for maintenance and administration. These amounts shall be used at the discretion of the Cultural Council in collaboration with the Finance and Administration Department and any other City department as appropriate for the public art maintenance and administration and community education.

(d)

The maintenance costs for any installation shall be included in the initial project budget.

(Ord. 2023-20-E, § 4)

Sec. 118.615. - Duties.

The duties of the Cultural Council are as follows:

(a)

Create updates to the five-year plan known as the Art in Public Places Program Five Year Plan for Program Development and Implementation. This plan may also be revised from time to time by the Cultural Council. Updates shall be provided to the Mayor and City Council at least six months prior to the expiration of the five-year plan and shall be placed on file with the Legislative Services Division. The updates and revisions to the plan shall be reviewed by City Council and shall not take effect until City Council approval.

(b)

Review annual City Capital Improvement Projects with appropriate boards, agencies, authorities, and departments and establish a list of eligible projects to include in the program.

(c)

Develop budgets for public art administration, maintenance, conservation, and community education.

(d)

Develop an annual plan and budget for public art projects.

(e)

Develop and oversee policy implementation and administration of the public art program, which may include such things as acceptance of gifts. All gifts, grants and award of monies shall be deposited in the Art in Public Places Trust Fund.

(f)

Be responsible, in its discretion, for applying for and receiving state, federal and private funds related to public art on behalf of the City through appropriate grant applications, and for the administration thereof.

(Ord. 2023-20-E, § 4)

Sec. 118.616. - Art selection panels.

The Art in Public Places Committee shall, when deemed appropriate by, and as outlined in, the Art in Public Places Program Five-Year Plan for Program Development and Implementation, form Art Selection Panels to make recommendations to the Committee on the selection of public art. Each Selection Panel will be composed of up to nine members: a Chair, who will be a member of and represent the Art In Public Places Committee; a representative of the site selected for the art (staff or board member); architect or other design professional for the project, if available; two artists, art educators or art professionals; and one to three community representatives, at least one of whom shall reside in the planning district within which the art shall be sited. The artists or arts professional representatives will be selected from a list, maintained by the Committee, of interested and qualified individuals. The Chief Administrative Officer shall select a department representative to provide subject matter expertise and City process guidance, including but not limited to risk management, ADA compliance, and ordinance code compliance.

(Ord. 2023-20-E, § 4)

Sec. 118.617. - Art selection; methods.

(a)

The Art Selection Panel shall select artists and artwork in one of the following ways:

(i)

Open competition: Requesting artists' submissions with specifications regarding local, state, regional or national scope.

(ii)

Limited competition: Inviting a small number of artists to respond with examples of past work or to prepare formal proposals, and selecting a specific artist based on these submissions.

(iii)

Direct purchase: Purchase of existing work and all rights thereto.

(iv)

Invitational commission: Selecting a specific artist for direct commission.

(b)

The Cultural Council and the Art in Public Places Committee shall seek to ensure that at least 15 percent of the artists selected for purchase or commission will be resident(s) in the Greater Jacksonville area, (the counties of Duval, St Johns, Nassau, Clay, and Baker). The Cultural Council and the Art in Public Places Committee will also encourage the selection of regional artists e.g., Florida and the Southeastern United States.

(c)

All purchases made pursuant to this Section shall be made pursuant to an evaluated bid process created by the Purchasing Division and modified as necessary to accomplish the objectives of this Chapter. A proposal fee and/or travel reimbursement may be offered for the invited artists to cover the cost of the formal proposals at the discretion of the Art in Public Places Committee. The proposal fee and/or travel reimbursement shall be part of the amount funded pursuant to this subpart.

Any provisions of this Chapter conflicting with the expressed intent and procurement methodology of the Art In Public Places program are hereby waived.

(Ord. 2023-20-E, § 4)

Sec. 118.618. - Ownership; maintenance.

(a)

The City will own all the rights to the art produced by the Art In Public Places program, subject to the provisions of the Visual Artists Act of 1990. All contracts with artists and all art purchases will require the Artist to waive the following restrictions:

(1)

Photographic reproduction rights (to be shared by artist and owner);

(2)

Right to remove/relocate art;

(3)

Right to repair art in case of emergency;

(b)

Artist will retain the copyright and the right to be notified if the work is to be destroyed or deaccessioned or radically repaired on a nonemergency basis.

(c)

City will retain ownership of proposal models or drawings of commissioned art.

(d)

Maintenance will be the responsibility of the City and will be funded by that portion of the trust fund which is allocated for maintenance and conservation and will be administered in cooperation with the Cultural Council based on a conservation evaluation plan.

(Ord. 2023-20-E, § 4)

Sec. 118.619. - Cultural Council responsibility.

The Cultural Council shall administer the Art In Public Places program on behalf of the City. The Cultural Council will provide professional and support staff for the operation of the program and administration of the Art in Public Places Program and the art selection process.

(Ord. 2023-20-E, § 4)

Sec. 118.620. - School Board; independent authorities authorized to use program.

(a)

The City Council hereby urges and requests the Duval County School Board and the independent authorities of the City to adopt Art in Public Places programs.

(b)

The Duval County School Board and the independent authorities of the City are hereby authorized to utilize any portion of this subpart to implement an Art in Public Places program.

(Ord. 2023-20-E, § 4)

Sec. 118.621. - Schedule.

The allocation percentage appropriation created in Section 118.614(a) shall apply as follows:

(a)

0.75 percent to any project subject to the provisions of this Subpart and adopted by the City Council.

(Ord. 2023-20-E, § 4)

PART 7. - DISABLED ACCESSIBILITY GRANT PROGRAM

Sec. 118.701. - Creation and purpose.

There is hereby created a Disabled Accessibility Grant Program. The mission and purpose of the program is to accelerate compliance with the Florida Americans with Disabilities Act and the Florida Accessibility Code for Building Construction by funding partial reimbursement of the cost of removing architectural barriers in existing facilities in cases of economic hardship.

Sec. 118.702. - Responsibility.

The grant program established by this Part shall be administered through the Parks, Recreation and Community Services Department, which shall review and approve disbursements from such funds as may be appropriated from time to time by the City Council for this program.

(Ord. 2009-868-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40)

Sec. 118.703. - Application for disabled accessibility grants.

Property owners desiring to participate in this grant program shall submit an application to the Parks, Recreation and Community Services Department on a form prescribed by that Division, together with at least two estimates from licensed contractors showing the costs of renovations to remove architectural barriers. The Disabled Services Division shall review the application and advise the property owner whether the renovations qualify for a reimbursement grant under this subsection. Upon completion of the work necessary to complete the renovations, the property owner shall submit a request for partial reimbursement, which shall include a paid receipt from a licensed contractor for the work done and photographs depicting the property before and after the renovations are made. If deemed necessary by the Chief of the Disabled Services Division, an inspection of the completed work shall be conducted prior to payment under this Section.

(Ord. 2009-868-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40)

Sec. 118.704. - Criteria for judging applications for disabled accessibility grants.

All applications for funding pursuant to this grant program will be evaluated based on the following criteria:

(a)

The property owner making the renovations maintains a business activity at the same address as the renovations;

(b)

The property owner has suffered a financial or business loss in the last taxable year;

(c)

Renovations to remove architectural barriers must meet requirements of State and federal law; and

(d)

The amount of any grant shall be the lesser of $1,000 or 50 percent of the lowest estimate submitted.

(Ord. 2009-868-E, § 2)

PART 8. - PUBLIC SERVICE GRANTS[3]

Footnotes: --- (3) ---

Editor's note— Ord. 2016-56-E, §§ 3 and 4, amended the Code by repealing former Pt. 8, §§ 118.801—118.809, and adding a new Pt. 8. Former Pt. 8 pertained to similar subject matter, and derived from Ord. 2009-868-E; Ord. 2012-364-E; Ord. 2012-576-E; and Ord. 2013-116-E.

Sec. 118.801. - Purpose.

The Public Service Grant Council ("PSG Council") created pursuant to Chapter 80, Ordinance Code, shall review, evaluate and score Public Service Grant applications pursuant to this Part. Unless otherwise provided in this Part 8, the provisions of Chapter 118, Parts 1 through 5 shall apply to Public Service Grants.

(Ord. 2016-56-E, § 4)

Sec. 118.802. - Annual Lump Sum Appropriation for Public Service Grants.

On or before April 1 of each year, the PSG Council shall submit to the Mayor's Budget Review Committee ("MBRC") for review an annual lump sum appropriation request for all Public Service Grants to be awarded annually under this Part. The PSG Council shall include in such request relevant information regarding the appropriation amount and the need for Public Service Grants in the community. MBRC shall review and consider the PSG Council's appropriation request and include a lump sum appropriation request for Public Service Grants in the Mayor's proposed annual budget for the upcoming fiscal year. The aspirational annual funding amount for Public Service Grants shall be $7,000,000. The City Council in its sole discretion shall determine the final annual lump sum appropriation amount in the annual budget ordinance for Public Service Grants. The PSG Council shall not award or allocate funding to requesting agencies under this Part until after the City Council has approved the annual budget ordinance.

(Ord. 2016-56-E, § 4; Ord. 2021-851-E, § 2)

Sec. 118.803. - Grants Administrator; Responsibilities.

(a)

Training; Staff Support; Mandatory Application Workshop. The Grants Administrator shall be responsible for the ongoing training and professional development of the Grants and Contract Compliance Division staff. The Grants Administrator and Grants and Contract Compliance Division shall provide staff support to the PSG Council and assist with the Annual Training Course required in Section 80.104(i). In addition, the Grants Administrator shall conduct a mandatory application workshop ("Mandatory Application Workshop") for requesting agencies within 30 days following the effective date of the Most Vulnerable Persons and Needs legislation adopted by the City Council. The Grants Administrator shall post on the City's website those Public Service Grant applications receiving the top three scores from the prior year. For requesting agencies to be eligible to apply for a Public Service Grant, a requesting agency must attend and complete the Mandatory Application Workshop. The Mandatory Application Workshop shall be noticed to the public in the same way PSG Council meetings are noticed. The Mandatory Application Workshop shall be conducted twice in May and a requesting agency may attend either workshop to meet the requirement under this Section.

(b)

Courtesy Review of Application Checklist. Annually from the effective date of the Most Vulnerable Persons categories and Needs established by the City Council for the upcoming fiscal year and until five business days prior to the grant application deadline (July 1), the Grants Administrator, or his or her designee, shall provide courtesy reviews of a requesting agency's application to confirm whether the application has complied with the eligibility and application requirements in Sections 118.805 and 118.806. The Grants Administrator shall conduct courtesy reviews in person with the requesting agency upon request and appointments shall be scheduled on a first come, first serve basis.

(c)

Annual Report to the City Council. The Grants Administrator shall provide the PSG Council with assistance in providing the annual report required in Chapter 58, Ordinance Code.

(d)

The Grants Administrator and Grants and Contract Compliance Division shall conduct a site visit to each recipient.

(e)

The Grants Administrator and Grants and Contract Compliance Division shall track whether the recipient met the anticipated impact and success on the target audience and the anticipated number of people served as stated in the recipient's Public Service Grant application, as required per Section 118.806(b)(3).

(f)

The Grants Administrator and Grants and Contract Compliance Division shall strive to seek regular feedback through formal and informal surveys, including post application and mid-year recipient surveys, and public forums.

(g)

The Grants Administrator and Grants and Contract Compliance Division shall maintain a current staff directory on the City website, so that recipients can easily access Grants and Contract Compliance Division staff.

(Ord. 2016-56-E, § 4; Ord. 2019-210-E, § 2; Ord. 2023-33-E, § 9; Ord. 2025-14-E, § 1; Ord. 2025-191-E, § 2)

Sec. 118.804. - Categories of Most Vulnerable Persons and Needs.

(a)

Annual Recommendations. On or before March 1 of each year, the PSG Council shall assess the needs of the community and recommend to the City Council the categories of Most Vulnerable Persons and Needs for the upcoming fiscal year and provide recommended changes, if any, to the assignment of points to the evaluation criterion in Section 118.807(c). By way of example only, a category of Most Vulnerable Persons and Needs may include elderly, low-income residents or individuals with particular public safety, medical or social needs, or may identify a particular need such as housing for homeless persons. Such recommendations shall be sufficiently narrow and specific to address a particular gap in service and shall not be so broad that every applicant is eligible. Subcategories of services within an identified category of Most Vulnerable Persons and Needs are discouraged. The services provided to each category should be evaluated through the application. If only a specific service is required to meet an identified need, such need should be so listed and prioritized in the recommendation to City Council. The PSG Council's recommendation of categories of Most Vulnerable Persons and Needs shall include:

(1)

The reasons for selecting the categories;

(2)

The recommended percentage of funds appropriated by the City Council to be allocated to each category; and

(3)

Whether the PSG Council shall award funding to requesting agencies under this Part via a Request for Proposal pursuant to Chapter 126, Ordinance Code or through the grant application process outlined in this Part; and

(4)

Recommended changes, if any, to the assignment of points to the evaluation criterion in Section 118.807(c).

The PSG Council's reasons for selecting categories of Most Vulnerable Persons and Needs may include, but not be limited to, recommendations, studies and reports from the Nonprofit Center of Northeast Florida, Inc., Jessie Ball duPont Fund, The Community Foundation for Northeast Florida, Inc., United Way of Northeast Florida, Inc., the Mayor's Disability Council, Health Planning Council of Northeast Florida, Inc., the Florida Department of Health, and other organizations regarding the Most Vulnerable Persons and Needs.

(b)

Annual Establishment. The City Council shall review the categories of Most Vulnerable Persons and Needs recommended by the PSG Council and establish the categories on or before May 1 of each year. The Public Service Grants recipients awarded under this Part shall provide services to the established categories of Most Vulnerable Persons and Needs. Except for the annual establishment, categories of Most Vulnerable Persons and Needs may only be revised or amended by a two-thirds vote of the City Council.

(Ord. 2016-56-E, § 4; Ord. 2017-317-E, § 1; Ord. 2017-424-E, § 1; Ord. 2019-210-E, § 2; Ord. 2025-191-E, § 2)

Sec. 118.805. - Eligibility to Apply for Public Service Grants.

(a)

Certain Programs Ineligible. A requesting agency's program shall be ineligible to receive a Public Service Grant if the requesting agency's program receives funding through another City program, including but not limited to, the programs listed below:

(1)

Cultural Service Grant Program pursuant to Chapter 118, Part 6;

(2)

Arts in Public Places Program pursuant to Chapter 126, Part 9;

(3)

Kids Hope Alliance program pursuant to Chapter 77;

(4)

Downtown Investment Authority and Office of Economic Development Programs pursuant to Chapter 55 and Chapter 26;

(5)

Housing and Community Development Division programs pursuant to Chapter 30, Part 7;

(6)

Social Services Division programs pursuant to Chapter 28, Part 5;

(b)

Eligibility Documents. Notwithstanding the prohibition in subsection (a) above, a requesting agency shall include the following eligibility documents listed in subsections (1)—(5) below (collectively, the "Eligibility Documents") in its Public Service Grant application submittal. If a requesting agency fails to include the Eligibility Documents in the form and manner prescribed below, the requesting agency shall be ineligible to apply for a Public Service Grant and such requesting agency's application shall not be reviewed and evaluated by the PSG Council. The Eligibility Documents are as follows:

(1)

A copy of a good standing certificate issued within the last 12 months by the Florida Division of Corporations evidencing that the requesting agency is in good standing and has been in existence for three years prior to the Public Service Grant application deadline; and

(2)

Either:

a.

A copy of the requesting agency's current Charitable Solicitation Permit issued by the State of Florida evidencing that the requesting agency is current on State charitable permitting fees; or

b.

A State letter of exemption indicating that the agency is exempt pursuant to F.S. § 496.406(3); and

(3)

The following Financial information as applicable:

a.

Copies of the requesting agency's fiscal balance sheets and statements of income and expenses for the last two fiscal years of the requesting agency; and

b.

Copies of the requesting agency's completed and filed federal tax returns for the last three tax years; or

c.

Agencies exempt from filing federal tax returns shall file:

1.

IRS certification of exemption; and

2.

Copies of audit reports for the last three years. Audit reports shall be 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 the Office of Management and Budget Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations" made by a certified public accountant; or

d.

If the Agency does not have the financial information requested in subsections (3)a—c above, then the agency must submit its financial information in form and substance reasonably acceptable to the Department of Finance and Administration. The form shall be identified by the Department prior to the commencement of the application cycle and be uniform for all agencies completing the form.

(4)

A copy of the completed Mandatory Application Workshop certificate issued by the Grants Administrator evidencing the requesting agency's compliance with the Mandatory Application Workshop pursuant to Section 118.803 herein; and

(5)

An original affidavit, in the form provided by the Office of General Counsel, executed by the requesting agency's executive director, chief executive or operating officer, president, vice president or board chairman certifying that:

(i)

The requesting agency's program will be operated in Duval County and serve the people of the City;

(ii)

The requesting agency's program will serve a category of Most Vulnerable Persons and Needs designated by the City Council for the grant application cycle in which the requesting agency is applying for;

(iii)

The requesting agency's program is not eligible to receive funding from any of the City programs listed in Section 118.805(a)(1)—(7);

(iv)

The requesting agency's appropriation request for multiple or single programs does not exceed in the aggregate 24 percent of the requesting agency's annual revenue (as shown on filed tax returns) averaged over the previous three tax years;

(v)

The requesting agency is in compliance with the terms of all existing City agreements in which the requesting agency is a party;

(vi)

The requesting agency is in compliance with all applicable federal, State, local laws, rules, regulations and ordinances, as the same may exist and may be amended from time to time; and

(vii)

The requesting agency has not provided more than one application per category of Most Vulnerable Persons and Needs.

(c)

Eligibility Notification. The PSG Council staff shall notify requesting agencies in writing within three business days of its decision to deem a requesting agency eligible or ineligible to apply for a Public Service Grant. In the instances where a requesting agency is deemed ineligible, such notice shall specify the reasons for the requesting agency's ineligibility and information regarding the appeals procedures set forth in Section 118.810. The PSG Council shall be informed by staff of the requesting agencies deemed by staff to be ineligible pursuant to this Section at the earliest PSG Council meeting following the staff's determination.

(d)

Waiver of Eligibility Requirements. The eligibility requirements set forth in this Section may not be waived except by two-thirds vote of the City Council.

(Ord. 2016-56-E, § 4; Ord. 2016-140-E, § 16; Ord. 2017-317-E, § 1; Ord. 2017-563-E, § 11; Ord. 2019-210-E, § 2; Ord. 2021-851-E, § 2; Ord. 2025-191-E, § 2)

Sec. 118.806. - Application Requirements.

(a)

Application Deadline. A requesting agency may submit a Public Service Grant application after the date that the City Council establishes the categories of Most Vulnerable Persons and Needs pursuant to this Part but no later than July 1 of each fiscal year. Applications may be submitted in person or electronically as prescribed by the Grants Administrator.

(b)

Application Contents. Each application for a Public Service Grant submitted by a requesting agency pursuant to this Part shall contain the following information:

(1)

The Eligibility Documents pursuant to Section 118.805 herein.

(2)

A Cover Page containing the following information:

(i)

Name of the requesting agency;

(ii)

Name of the Program;

(iii)

The category of Most Vulnerable Persons and Needs that the Program will serve;

(iv)

Amount of the Appropriation Request;

(v)

The Fiscal Year that the requesting agency is submitting an appropriation request for;

(vi)

The following certification executed (electronically or manually) by the executive director, chief executive or operating officer, president, vice president or board chairman in the form below:

"I, name/title, hereby certify that the information and representations contained in this Fiscal Year ___ Public Service Grant application is true and correct."

By: _____

Print Name/Title: _____

Date: _____

(3)

A Section entitled "Community Need and Target Audience" containing a description of the need for the program, the target audience for Most Vulnerable Persons and Needs, the outreach to the target audience, the anticipated impact and success on the target audience and the anticipated number of people served (maximum three pages).

(4)

A Section entitled "Agency Background, Staff and Board Experience" containing a description of the agency's board (demographics, length of service and professional experience); the board's role in governance; the strategy for board recruitment; the impact of the board's background, relationship, experience or expertise with the agency; the agency's executive staff (demographics, length of service and relevant experience and expertise); the executive/key staff's plan or process for the implementation of the program; and the agency's mission, history, experiences and accomplishments relative to Most Vulnerable Persons and Needs (maximum three pages).

(5)

A Section entitled "Program Management Expertise and Evaluation" containing a description of how the program will be designed and managed, how the program's success and impact will be measured and how information will be collected. For an existing program, the Section can include past experiences, successes and achievements, and may include one client story; and for a new program, the Section can include why the agency will be able to successfully manage the program, expected outcomes or goals of the program and successes or best practices of similar programs. This Section may include without limitation the agency's potential fundraising capacity, plan, and strategy, and a description of how the program will be sustained after the grant period. This Section may include a list of current and anticipated program partners and a description of these partnerships, including their roles and responsibilities. For those program partners providing funding, the list will include the amount of funding provided. This Section shall also include a listing of each noncompliance incident within the past three years that has resulted in the requesting agency being placed on the Council Auditor's Chapter 118 noncompliance list. Such list shall set forth with respect to each noncompliance incident: (a) the noncompliance dates (e.g., the start date and end date), and (b) an explanation for the noncompliance (maximum four pages, not including the information regarding noncompliance incidents).

(6)

A Section entitled "Program Activities" containing an overview of program activities, including a description of each activity, how clients enter the program, how clients' needs are evaluated and the partnerships strengthening the program (maximum two pages).

(7)

A Section entitled "Program Budget and Fiscal Policies" containing a description of the agency's fiscal policies, the procedures in place for ensuring the best fiscal policies, how the agency's fiscal health is monitored and the experience of the agency's staff overseeing the financial monitoring of the program. The Section should include the agency's budget, with revenue and expenses balanced, and a list of all line item expenses and revenues to operate the program with a brief description of each (maximum three pages).

(c)

Application Format. The application shall have one-inch margins and contain no more than 16 single-sided double-spaced 8½" by 11" pages. The font style shall be Times New Roman or Arial with a minimum font size of 11 points and a maximum font size of 12. The Cover Page and Eligibility Documents will not be counted as part of the 15-page limit. The Eligibility documents may be included as appendices. The PSG Council may formulate a form application consistent with the requirements of this Part, provided that the PSG Council may not add to or remove any of the application contents prescribed in subsection (b) above without the City Council approval. Grant applications submitted electronically shall approximate the format required in this subsection (c) to the greatest extent possible.

(d)

Interviews. The PSG Council may, in its sole discretion, conduct interviews of requesting agencies in a category regarding their respective Public Service Grant applications. If the PSG Council elects to interview one requesting agency in a category of Most Vulnerable Persons and Needs, the PSG Council shall also interview the other requesting agencies in said category. Any interviews conducted by the PSG Council pursuant to this Section shall be after the grant application deadline but prior to the third Tuesday in September of each year. The PSG Council shall notify the requesting agency of the place and time of the interviews. Such interviews shall be conducted in the sunshine and for the sole purpose of the requesting agency verbally explaining, clarifying or justifying to the PSG Council any information contained in the requesting agency's application. A requesting agency shall not add any new written information or materials to its application, or present any new written information or materials to the PSG Council regarding its application, during such interviews.

(e)

Certain Communications Prohibited During the Application Scoring Period. During the Application Scoring Period, a requesting agency shall be prohibited from communicating with Public Service Grant Council members, the Grants Administrator, and other public service grant involved City employees regarding an application submitted by such agency pursuant to this Section. For purposes of this Section, the "Application Scoring Period" shall mean the period each fiscal year commencing on the day immediately following the Public Service Grant application deadline in Section 118.806 and ending on the day that the Grants Administrator has received the scoring for all eligible applications pursuant to Section 118.807. This prohibition also includes communications by a requesting agency with the City's Office of General Counsel unless the Grants Administrator has authorized such communications in advance. This prohibition shall not apply to the following communications:

i.

Communications to the Grants Administrator regarding matters of process or procedure contained in Chapter 118, Ordinance Code, including, but not limited to, the grant appeals procedure in Section 118.810;

ii.

Communications during any publicly noticed meeting under Chapter 286, Florida Statutes, including, but not limited to, Public Service Grant Council meetings and subcommittee meetings; and

iii.

Communications that are necessary and solely related to the ordinary course of business concerning a requesting agency's existing Public Service Grant contract(s).

(f)

Disqualification; Notification. If a requesting agency's application fails to include the items and Section headings specified in Sections 118.806 (b)(1) through 118.806(b)(8)(i) and (ii) or fails to meet the format requirements of 118.806(c) above, such application shall not be considered and reviewed by the PSG Council. As long as an application contains the required Section headings in Sections 118.806(b)(3) through 118.806(b)(8)(i) and (ii) above, together with some information describing the same and is properly formatted, such application shall be deemed to have complied with the requirements of Sections 118.806(b)(3) through 118.806(b)(8)(i) and (ii). Failure by a requesting agency to provide adequate information under each required Section may result in a lower application score and ranking.

The PSG Council staff shall notify requesting agencies in writing within three business days of its decision to qualify or disqualify such requesting agency's application from consideration and review by the PSG Council. Such notice shall specify the reasons for the disqualification and the requesting agency's right to appeal the decision pursuant to the procedures set forth in Section 118.810. The PSG Council shall be informed by staff of the requesting agencies deemed by staff to be disqualified pursuant to this Section at the earliest PSG Council meeting following the staff's determination.

(Ord. 2016-56-E, § 4; Ord. 2017-317-E, § 1; Ord. 2017-424-E, § 1; Ord. 2019-210-E, § 2; Ord. 2021-851-E, § 2; Ord. 2023-238-E, § 1; Ord. 2024-551-E, § 1; Ord. 2025-191-E, § 2)

Sec. 118.807. - Review, evaluation and scoring of applications by PSG Council.

(a)

Scoring Committees; Deadline. The PSG Council may create a scoring committee for each category of Most Vulnerable Persons and Needs and all grant applications belonging to such category shall be reviewed, scored and evaluated by said committee, provided however that no application shall be scored by fewer than three members of the PSG Council. Members may be assigned by the Chair to more than one scoring committee established for a given category; however, the same group of Members (three or more) assigned to a scoring committee must score each application assigned to the committee for review. If a Member is unable to review, score and evaluate all of the applications assigned to a scoring committee, the Chair shall assign a new Member to replace such Member. The score sheets for any application completed by any such replaced Member shall not be used and the new assigned Member shall independently review, evaluate and score the applications assigned to such scoring committee. Members shall review, score and evaluate applications and forward completed score sheets for each application to the Grants Administrator on the third Tuesday in September of each year.

(b)

Scoring and Rankings. A score sheet containing the evaluation criteria together with the maximum points assigned to each criterion pursuant to Section 118.807(c) below shall be used to evaluate applications. Each member shall record the scores given to each criterion on the score sheet. The score sheet shall be retained by the Grants Administrator and made available for review as public record at such time that the scoring for all eligible applications is completed. Staff shall not score applications nor provide scoring suggestions to members of the PSG Council. The Grants Administrator shall rank each application belonging to a category of Most Vulnerable Persons and Needs from highest to lowest (e.g., first, second, third, etc.) based on the average of the scores contained on the score sheets for each application. Upon determining the average score for each application, the Grants Administrator shall discard any individual application score that is 20 points more or less than such average score and recalculate the average score for said application based on the remaining scores. The PSG Council shall establish a uniform procedure for breaking tied scores.

(c)

Evaluation Criteria. The PSG Council shall evaluate and score Sections 118.806(b)(3) through (7) of each Public Service Grant application based upon the following evaluation criteria and maximum assigned points to each criterion:

(1)

Community Need and Target Audience (maximum 15 points);

(2)

Agency Background, Staff and Board Experience (maximum 15 points);

(3)

Program Management Expertise and Evaluation (maximum 30 points);

(4)

Program Activities (maximum 10 points);

(5)

Program Budget and Fiscal Policies (maximum 15 points); and

(6)

Quality of Program Overall (maximum 15 points).

(d)

Tentative Adoption of Rankings by PSG Council. The PSG Council shall announce the rankings for each application belonging to a Priority Population or Priority Need at a meeting on the day after the City's annual budget is adopted each year and adopt a tentative ranking and funding allocation list. Copies of each requesting agency's completed score sheets, together with any other support information or justification from the application scorer regarding the application score, shall be made available to requesting agencies at such meeting. A requesting agency will also be notified in writing by the Grants and Contract Compliance Division of its application score and ranking. A requesting agency may appeal a score sheet or ranking decision made pursuant to this Part through the appeals procedure set forth in Section 118.810.

(Ord. 2016-56-E, § 4; Ord. 2017-317-E, § 1; Ord. 2019-210-E, § 2; Ord. 2023-33-E, § 9; Ord. 2023-238-E, § 1; Ord. 2024-551-E, § 1)

Sec. 118.808. - Funding Allocations by the PSG Council; Grant Award Limitations.

(a)

Limitations on Grant Awards. Individual grants within each category of Most Vulnerable Persons and Needs shall be based on the high score model for funding purposes. The high score model shall award 100 percent of requested funding for the highest ranked score up to the maximum amount of $125,000. The next highest ranked score shall be awarded 100 percent of the requested funding up to $125,000 and so on until the funds are exhausted.

(b)

Final Funding Allocations. After the City Council adopts the annual budget ordinance and by the second Friday of each October each year, the PSG Council shall allocate funding to requesting agencies based on the application scoring and rankings pursuant to this Part in an amount not to exceed the appropriation for Public Service Grants contained in the annual budget ordinance. The PSG Council's final funding allocations shall be adopted by the PSG Council at a public meeting following the tentative adoption required in Section 118.807(d) and the appeals procedures outlined in Section 118.810. Upon final adoption of the funding allocations by the PSG Council, the Public Service Grant recipients shall strive to execute an agreement between the recipient and the City in accordance with Section 118.201 of this Chapter, on or before November 30 of each year. The PSG Council shall forward a complete list of Public Service Grant recipients and funding allocations to the Council Auditor's office, the Office of the Mayor, the City Council and the Director of the Finance Department.

(Ord. 2016-56-E, § 4; Ord. 2016-140-E, § 16; Ord. 2019-210-E, § 2; Ord. 2024-551-E, § 1; Ord. 2025-14-E, § 1; Ord. 2025-191-E, § 2)

Sec. 118.809. - Amendments to Public Service Grant Budgets by Recipients; Approval by Grants Administrator and PSG Council.

The Grants Administrator may approve budget changes to the recipient Public Service Grant agreement as long as such budget changes are within ten percent of approved budget line items contained in the recipients Public Service Grant application. Budget changes over ten percent of the approved budget line items shall be subject to the approval of the PSG Council. The total budget shall not be increased.

(Ord. 2016-56-E, § 4; Ord. 2025-191-E, § 2)

Sec. 118.810. - Public Service Grant Appeals Board; Appeals Procedure.

(a)

Appeals Board Responsibility; Composition. The Public Service Grant Appeals Board (the "PSG Appeals Board") shall hear and make final determinations on all appeals made by requesting agencies pursuant to this Section. The PSG Appeals Board shall consist of three members: (i) the Chair of PSG Council, (ii) the Grants Administrator, and (iii) the Chief of Procurement, or his or her designee. The Grants Administrator shall be the Chair of the PSG Appeals Board.

(b)

Notice of Meetings; Standard of Review. All meetings of the PSG Appeals Board shall be quasi-judicial, noticed and open to the public. The standard of review for the PSG Appeals Board shall be de novo as to the specific matters contained in the requesting agency's Notice of Appeal.

(c)

Appealable Matters. A requesting agency may only appeal a tentative funding allocation or eligibility decision regarding the requesting agency's application to the PSG Appeals Board for one or more of the application or scoring defects stated below:

(1)

Mathematical errors contained on the application score sheet or tentative funding allocation spreadsheet;

(2)

An error by the application scorer in deducting points from a requesting agency's application score for not including a required application item or attachment that was included in the requesting agency's application submittal and such error was determinative in the requesting agency's inability to receive a funding allocation;

(3)

A minor irregularity in the application contents or requirements which (i) is not prohibited under Section 118.806; (ii) adversely impacts a requesting agency's eligibility or application score and ranking; and (iii) will not result in an unfair competitive advantage to the requesting agency if such irregularity is waived; and

(4)

An error made by the PSG Council staff in the eligibility determination or disqualification of a requesting agency's application from consideration pursuant to Sections 118.805 and 118.806, respectively; and

(5)

A determination made by the PSG Council staff that a requesting agency application is ineligible or disqualified due to such agency being on the Council Auditor's Chapter 118 noncompliance list.

(d)

Appeals Deadline; Contents; Procedures. A requesting agency shall have five business days from the decision date of the PSG Council or staff, as applicable, to deem a requesting agency ineligible to apply for a Public Service Grant under Section 118.805, disqualify an application under Section 118.806 or tentative funding allocation under Section 118.807 to file a Notice of Appeal. The Notice of Appeal shall be addressed to the PSG Council staff and must:

(1)

Identify one or more of the stated reasons in Section 118.810(c) above for the appeal and include any supporting documentation or information evidencing the same;

(2)

State the timeliness of the appeal; and

(3)

State the amount of the requesting agency's application grant request and the PSG Council's tentative funding allocation.

The PSG Appeals Board shall meet as soon as practicable to hear appeals and render final decisions to grant or deny the same. The PSG Appeals Board shall afford requesting agencies, and as applicable the PSG Council Member(s) pertinent to the appeal, an opportunity to comment at the Notice of Appeal meeting, and the Board shall notify the PSG Council of the results and final determinations regarding each appeal.

(e)

Remedy. Any appeals filed under subsections (4) and (5) above and granted in favor of the requesting agency by the PSG Appeals Board shall be immediately allowed into the grant review and evaluation process and the Chair shall assign such application to the PSG Council or subcommittee for review, as applicable. In instances where the PSG Council must make adjustments to tentative funding allocations based on the appeal outcome, the Chair shall call a special meeting of the PSG Council to make adjustments to the tentative funding allocations and adopt final funding allocations pursuant to this Part.

(f)

Additional Procedures. The PSG Appeals Board may promulgate additional appeals procedures consistent with the procedures contained in this Section.

(g)

PSG Appeals Board Decisions to be Final. All decisions of the PSG Appeals Board shall be final and non-appealable.

(Ord. 2016-56-E, § 4; Ord. 2017-317-E, § 1)

Sec. 118.811. - Public Service Grant Appropriations Outside of Annual Budget.

The City Council may consider Public Service Grants during the fiscal year outside of the annual grant application process as set forth below:

(1)

All applications, documentation and requirements otherwise required in this Part for annual Public Service Grants shall be required for Public Service Grants during the fiscal year and such application shall additionally contain an explanation as to why the appropriation being requested was not submitted during the annual application process for Public Service Grants.

(2)

Said appropriation request shall require an affirmative recommendation of the PSG Council.

(3)

The criteria set forth in this Part for public service grant approval outside of the annual budget may not be waived except by two-thirds vote of the City Council.

(Ord. 2016-56-E, § 4)

Sec. 118.812. - Dates and Times.

In the event that any of the dates referenced in this Part is on a Saturday, Sunday or City observed holiday, such date shall be extended automatically until the next business day. Requesting agencies shall have until the close of business based on the City's normal operating hours to submit any applications, information or documentation, including appeals, under this Part.

(Ord. 2016-56-E, § 4)

Sec. 117.112. - Reporting. Chapter 119 - STATE REVOLVING FUND LOANS