*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