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*524 First Amdmt to Sem Co HUD/CDBG - 1877 —= r PUBLIC WORKS DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk 1' RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return original ❑ Return copy Special Instructions: Please advise if you have any questions regarding the above. Thank you! rom ate T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc FIRST AMENDMENT TO AGREEMENT SEMINOLE COUNTY /CITY OF SANFORD HUD /CDBG SUBRECIPIENT AGREEMENT FOR PROGRAM YEAR 2009 -2010 THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this /6 day of 7 , 2011, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida, hereinafter referred to as "COUNTY," and the CITY OF SANFORD, FLORIDA, a Florida municipality, whose mailing address is P.O. Box 1788, Sanford, Florida 32772 -1788, hereinafter referred to as "SANFORD ". W I T N E S S E T H: WHEREAS, COUNTY and SANFORD heretofore entered into that certain HUD /CDBG Subrecipient Agreement For Program Year 2009 -2010, dated May 11, 2010 (the "Agreement ") for the purpose of rehabilitating and enhancing the existing storm water drainage system within the Georgetown Community within the city limits of SANFORD; and WHEREAS, the parties have determined that additional time is necessary for completion of SANFORD's performance under the Agreement due to SANFORD's need to contract out certain drainage construction services which were intended to be completed in- house; and WHEREAS, any revisions to the Agreement requires an agreed upon, written, formal amendment thereto and execution by all parties, NOW THEREFORE, in consideration of the premises and mutual covenants, promises, and representations contained herein and other CERTIFIED COPY First Amendment to Agreement MARYANNE MORSE Seminole County /City of Sanford CLERK OF CIRCUIT COURT HUD /CDBG Subrecipient Agreement Program Year 2009 -2010 SEMINOLE COUNTY. FLORIDA Page 1 of 7 DEPUTY CLERK good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to the following amendments to the Agreement. SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct, form a material part of this First Amendment and are incorporated herein by reference. SECTION 2. AMENDMENT TO SECTION 3(C) OF THE AGREEMENT. Section 3(c) of the Agreement is hereby amended to read as follows: (c) The Project shall be completed according to the following schedule which shall be strictly adhered to by SANFORD: By May 15, 2010 Meet with County Project Manager to review terms of Agreement By July 30, 2010 Complete all design, engineering and Project plan documents By Octobcr 1, 2010 May 31, 2011 Award all construction bids By Octobcr 15, 2.8 -1-G June 30, 2011 Commence construction By April 30, 2011 October 30, 2011 Substantial completion of Project By May 31, 2011 November 30, 2011 Complete construction, obtain final inspections and submission to COUNTY of final statement of all costs not previously invoiced. SECTION 3. AMENDMENT TO SECTION 4 OF THE AGREEMENT. Section 4 of the Agreement is hereby amended to read as follows: Section 4. Term. This Agreement shall commence upon its execution by both parties hereto and shall terminate on Junc 1, 2011 December 1, 2011, unless extended by formal amendment hereto. All First Amendment to Agreement Seminole County /City of Sanford HUD /CDBG Subrecipient Agreement Program Year 2009 -2010 Page 2 of 7 Project services shall be fully performed by SANFORD in accordance with applicable requirements of HUD and this Agreement with reimbursement contingent thereupon. SANFORD shall perform and complete all Project services described above and in Exhibit "A" by no later than May 31, 2011 November 30, 2011, unless this Agreement is otherwise amended or extended by written agreement of the parties as provided hereunder. SECTION 4. AMENDMENT TO SECTION 5(C), 5 (D) , 5(F) AND 5(H) OF THE AGREEMENT. Section 5 of the Agreement is hereby amended to read as follows: (c) In no event shall the COUNTY reimburse SANFORD, its contractors, subcontractors or vendors until all goods and services rendered are invoiced along with sufficient, supporting documentation, approved in writing by SANFORD's City Manager or Designee and until same shall have received County Approval. (d) In order to process payment requests, SANFORD shall submit to the COUNTY a completed Request for Payment form attached as Exhibit "C" hereto along with copies of the relevant invoices signed by the vendor(s) or entity(ies) requesting payment and SANFORD's City Manager or Designee. Copies of receipts or other acceptable documentation demonstrating incurrence of each expense must also be submitted with original or true and correct copies of invoices. (f) Within thirty (30) days after completion of all services to be performed under this Agreement, but in no event later than May 31, 2011 November 30, 2011, SANFORD shall render a final and complete statement to the COUNTY of all costs for goods and services not previously invoiced. First Amendment to Agreement Seminole County /City of Sanford HUD /CDBG Subrecipient Agreement Program Year 2009 -2010 Page 3 of 7 The COUNTY shall not be obligated to pay any charges, claims or demands of SANFORD not properly invoiced and received by COUNTY as of the close of business on said date. However, such time period and the term of this Agreement may be extended at the discretion of the CS Administrator for one (1) additional thirty (30) day period by County Approval delivered to SANFORD, provided that any delay in submission is not occasioned by fault or negligence of SANFORD, as solely determined by the COUNTY. (h) As a further condition of continued CDBG funding under this Agreement, SANFORD shall be required to provide ONE HUNDRED NINETY -FIVE THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($195,200.00) as leveraged funding for the Project which may include documented, in -kind Project services or expenditures. Appropriate documentation of sufficient leveraging shall be provided to COUNTY prior to COUNTY's disbursement of the last TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00) of CDBG funds to CITY SANFORD for reimbursement of Project costs. Failure by SANFORD to achieve the above stated leveraged funding goals shall be a breach of this Agreement; shall result in the recapture or denial of CDBG funding for the difference between the amount of leveraging actually obtained and the amount required to be obtained and may, at the sole option of COUNTY, result in termination of this Agreement. SECTION 5. AMENDMENTS TO EXHIBIT "B" TO THE AGREEMENT. Exhibit "B" to the Agreement is hereby amended to read as set forth in Exhibit "B -1" to this First Amendment. SECTION 6. REMAINING SECTIONS OF THE AGREEMENT. All other terms and provisions of the Agreement which are not expressly amended by this First Amendment to Agreement Seminole County /City of Sanford HUD /CDBG Subrecipient Agreement Program Year 2009 -2010 Page 4 of 7 First Amendment shall remain in full force and effect as stated therein. The provisions of this First Amendment together with the unchanged provisions of the Agreement shall together constitute the entire understanding of the parties as to the subject matter of the Agreement, as hereby amended. SECTION 7. SEVERABILITY. If any one or more of the covenants or provisions of this First Amendment shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants or provisions shall be deemed severable from the remaining covenants or provisions of this First Amendment and the Agreement, and shall in no way affect the validity of the :remaining covenants or provisions of this First Amendment and the Agreement. SECTION 8. EFFECTIVE DATE. This First Amendment to the Agreement - shall become effective on the date of execution by both parties hereto. Each party represents to the other that they have done all things necessary as conditions precedent to the execution of this instrument. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Agreement to be executed: ATTEST: CITY OF SANFORD, F • :IDA JANET DOUGHERTY, fiCity Cl rk JEFF TR it f ' or Date: l l First Amendment to Agreement Seminole County /City of Sanford HUB /CDBG Subrecipient Agreement Program Year 2009 -2010 Page 5 of 7 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA 4, By: , 1 i'A4I I� •iii" MORSE BRENDA CAREY, Chairma C erk to the Board of I-0 f County Coiiu«issioners of Date: Seminole County, Florida. For the use and reliance As authorized for execution by of Seminole County only. the Board o County Commissioners at their ''! /U , 201L Approved as to form and regular meetir. legal sufficiency. 9 d6.A.1 County Attorney MC /lpk 3/17/11 P:\ Users \MClarke \HUD -CDBG \FIRST AMENDMENT SEMINOLE COUNTY AND CITY OF SANFORD.docx Attachment: Exhibit "B -1" - Project Budgets First Amendment to Agreement Seminole County /City of Sanford HUD /CDBG Subrecipient Agreement Program Year 2009 -2010 Page 6 of 7 r EXHIBIT "B -1" PROJECT BUDGETS Activity Budget Stormwater drainage system rehabilitation and $676,000.00* enhancements in the Georgetown Community within the City of Sanford, Florida CDBG Grant funding - Program Year 2009 -2010 Leveraged funding or in -kind services to be $195,200.00 provided by the City of Sanford, Florida to Project costs Total Project Budget $871,200.00* To the extent the Project costs require less than the amount of CDBG Program funding allocated or in the event of CITY'S SANFORD's failure to complete the Project by May 31, 2011 November 30, 2011, COUNTY reserves the right, in its sole discretion to reallocate such excess or unused and remaining CDBG funds to other approved CDBG Program eligible projects. First Amendment to Agreement Seminole County /City of Sanford HUD /CDBG Subrecipient Agreement Program Year 2009 -2010 Page 7 of 7