*524 CDBG Sub-recipient 29/10Pat- la6
PUBLIC WORKS DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
c�
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
❑
Final Plat (original mylars)
❑
❑
Letter of Credit
❑
❑
Maintenance Bond
❑
Ordinance
❑
❑
Performance Bond
❑
Resolution
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
From
TAPW FORMS \City Clerk Transmittal Memo - 2009.doc
/ /o/ 2,616
Date
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SEMINOLE COUNTY /CITY OF SANFORD SEM LE C0U , FLORIDA
HUD /CDBG SUBRECIPIENT AGREEMENT
PROGRAM YEAR 2009` -2010 DEPUTY K
THIS AGREEMENT, entered into this day of 2010,
by and between SEMINOLE COUNTY, a political subdivision of the State of
Florida, whose address is 1101 East First Street, Sanford, Florida 32771,
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 ".
WHEREAS, COUNTY has or shall have made application to be effective
April 30, 2010, and shall, prior to the execution of this Agreement,
enter into a contract with the United States Department of Housing and
Urban Development, hereinafter referred to as "HUD," pursuant to Title I,
Housing and Community Development Act of 1974, as amended, and
implementing regulations set forth in Title 24 Code of Federal
Regulations (CFR) Part 570; and
WHEREAS, pursuant to the HUD application, the COUNTY shall
undertake certain activities to develop a viable community, including,
but not limited to, a suitable living environment and improved quality
of life, principally for persons of low and moderate income, as
described in the Community Development Block Grant Program ( "CDBG
Program ") application; and
WHEREAS, COUNTY and SANFORD have mutually determined that certain
storm water drainage improvements to the Georgetown community within
the City of SANFORD as described herein and in Exhibit "A" to this
Agreement will provide an improved quality of life for the residents of
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 1 of 23
the Georgetown Community and the general public as well as enhanced
protection for both public infrastructure and affected real properties
in that community; and
WHEREAS, COUNTY and SANFORD have further determined that it serves
a desirable and needed public purpose to proceed with the Project
described herein and that it is consistent with the objectives of the
CDBG program; and
WHEREAS, the COUNTY has allocated up to SIX HUNDRED SEVENTY -SIX
THOUSAND AND N01100 DOLLARS ($676,000.00) of its CDBG funds for the
Project from its 2009 -2010 Program Year allocation,
NOW, THEREFORE, in consideration of the mutual covenants, promises
and representations contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and form a
material part of this Agreement upon which the parties have relied.
Section 2. Definitions.
(a) "CS Administrator" means the Seminole County Community
Services Director, the Community Assistance Division Manager acting
through and on behalf of the Director or their designee.
(b) "CDBG Program" means the Seminole County Community Development
Block Grant Program.
(c) "CDBG Regulations" means 24 CFR Part 570 and supplemental,
additional, or successor provisions enacted under the authority of Title
42 United States Code, sections 5301, et seq.
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 2 of 23
(d) "County Approval" means written approval by the CS
Administrator or by the Board of County Commissioners as may be necessary
from time to time.
(e) "HUD" shall mean the United States Department of Housing and
Urban Development.
(f) "Low and Moderate Income" means gross household income from
all sources not to exceed eighty percent (800) of the median family
income within the Orlando Metropolitan Statistical Area during the term
of this Agreement.
(g) "Project" means the rehabilitation and enhancement of the
existing storm water drainage system within the Georgetown Community
within the city limits of SANFORD. The Project, is more particularly
described in Composite Exhibit "A" (Detailed Project Components and
General Scope of Services), which is hereby incorporated into this
Agreement by reference.
Section 3. Statement of Work.
(a) SANFORD, in a manner satisfactory to the COUNTY, shall perform
all Project tasks and services, except as may be otherwise specifically
stated herein, by persons or instrumentalities solely under the dominion
and control of SANFORD.
(b) The parties recognize and agree that the purpose of this
Agreement is to reimburse SANFORD for the cost of providing professional
design, engineering and construction services for the Project and that
this Agreement is directly related to the implementation of the CDBG
Program. Where service expenses are authorized by the COUNTY as set forth
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 3 of 23
in Exhibit "A" and in the Project Budget attached as Exhibit "B" hereto
and also incorporated herein by reference, those expenses shall be
specifically itemized by the type and hours or dollars expended or as
otherwise required by applicable laws, rules and regulations. All
charges and expenses shall be specifically and directly related to
SANFORD's implementation of the CDBG Project activity funded under this
Agreement and for no other purpose.
(c) The Project shall be completed according to the following
schedule which shall be strictly adhered to by SANFORD:
By May 15, 2010
By July 30, 2010
By October 1, 2010
By October 15, 2010
By April 30, 2011
By May 31, 2011
Meet with County Project Manager
to review terms of Agreement
Complete all design, engineering
and Project plan documents
Award all construction bids
Commence construction
Substantial completion of Project
Complete construction, obtain
final inspections and submission
to COUNTY of final statement of
all costs not previously invoiced.
Section 4. Term. This Agreement shall commence upon its execution
by both parties hereto and shall terminate on June 1, 2011 unless
extended by formal amendment hereto. All 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, unless this Agreement is
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 4 of 23
otherwise amended or extended by written agreement of the parties as
provided hereunder.
Section 5. Payments.
(a) The COUNTY shall reimburse SANFORD for funds paid to City
employees as well as the contractors, subcontractors, and vendors
selected by SANFORD to provide goods and services under this Agreement in
accordance with the Project Budget. Requests for payment must be
submitted on the form attached hereto as Exhibit "C ", along with other
required documentation.
(b) The COUNTY has allocated SIX HUNDRED SEVENTY -SIX THOUSAND AND
N01100 DOLLARS ($676,000.00) of CDBG funds for completion of the Project
envisioned by this Agreement. The COUNTY will reimburse SANFORD for the
services rendered under this Agreement up to but not exceeding SIX
HUNDRED SEVENTY -SIX THOUSAND AND N0 1100 DOLLARS ($676,000.00), contingent
upon COUNTY's receipt of the full amount anticipated for the Program Year
2009 -2010 CDBG allocation from HUD. In the event that SANFORD does not
require the full amount of SIX HUNDRED SEVENTY -SIX THOUSAND AND N01100
DOLLARS ($676,000.00), as reflected in the bids received and reviewed by
both parties to this Agreement, the CS Administrator reserves the right
to reallocate any such remaining, excess, unencumbered, or unused funds
to other COUNTY funded CDBG projects. Any such excess, unused or
unencumbered funds shall be returned to COUNTY within thirty (30) days of
having been determined as not needed for Project costs but in no event
later than the termination date of this Agreement.
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 5 of 23
(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 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. 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.
(e) Upon receipt of the documentation listed above, the COUNTY
shall initiate reimbursement to SANFORD. The COUNTY reserves the right
to verify, by site inspection when necessary, that all goods, materials,
labor and services have been properly invoiced. Payment shall be made as
soon as practicable; provided, however, that if SANFORD, its employees,
vendors, contractors and subcontractors have performed services in full
compliance with all HUD requirements and properly invoiced the request
for payment, payment shall be rendered by the COUNTY to SANFORD within
thirty (30) days of its receipt of payment request. As an express
condition of receiving continued payments of CDBG funds from COUNTY,
SANFORD shall meet and adhere to the Project milestones described in
Section 3(c), above. Failure to meet or adhere to said performance
completion dates shall be deemed a breach of this Agreement and may, at
Seminole County /City of Sanford
HUD /CDBC Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 6 of 23
the sole option of COUNTY, result in a denial of future payment requests,
recapture of CDBG funds previously paid to SANFORD, termination of this
Agreement or initiation of other available remedies under Section 23
hereof.
(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,
SANFORD shall render a final and complete statement to the COUNTY of all
costs for goods and services not previously invoiced. 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.
(g) Any goods or services not allotted in the Project Budget, or
not undertaken in compliance with this Agreement, shall not be reimbursed
by the COUNTY unless the CS Administrator has issued prior, written
County Approval of such goods or services.
(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 N01100 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
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 7 of 23
of the last TWO HUNDRED THOUSAND AND N01100 DOLLARS ($200,000.00) of
CDBG funds to CITY 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.
(i) SANFORD shall not be reimbursed for any acquisition,
purchase, donation, or receipt of any interest in real property, or
benefits derived from an owner of any real property, unless SANFORD has
first received County Approval for any such request. Any such
activities utilizing funds derived under this Agreement without County
Approval is strictly prohibited and may result in termination of this
Agreement.
Section 6. Compliance With Federal, State, and Local Law and
Regulations. SANFORD shall comply with all Federal, State, and local
laws and regulations in its performance of this Agreement. It is further
understood that the following are laws and regulations which will
directly govern implementation of this Agreement:
(a) Uniform Administrative Requirements: 24 CFR, Section 570.610
imposing uniform administrative requirements and cost principles on
recipients and subrecipients, including particularly, as contained in 24
CFR Parts 84 and 85; 24 CFR Section 570.502; United States Office of
Management and Budget ( "OMB ") Circulars A -87 ( "Cost Principles For State,
Local and Indian Tribal Governments "), A -102 ( "Grants and Cooperative
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
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Agreements With State and Local Governments ") and A -133 ( "Audits of State
and Local Governments and Non- Profit Organizations ").
(b) Other Federal Program Requirements: SANFORD shall also comply
with the remaining regulations in 24 CFR 570, Subpart K ( §§ 570.600-
570.614, both inclusive) . Said regulations shall include the following
Sections:
(i) 570.600 - Decrees that the Secretary of HUD will apply
the provisions of Subpart K as being applicable to all grants made
under the CDBG program.
(ii) 570.601 - Requires adherence to Public Law 88 -352,
( "1964 Civil Rights Law ") , Public Law 90 -284 ( "1968 Civil Rights Act of
1968 "), and Executive Order 11063 ( "Equal Opportunity in Housing ").
(iii) 570.602 - Prohibits discrimination on the basis of race,
sex or age for activities under the program.
(iv) 570.603 - Requires adherence to the labor standards
embodied in the Davis -Bacon Act and the Contract Work Hours and Safety
Standards Act in accordance with Section 110 of Title I of The Housing
and Community Development Act, i.e., 42 U.S.C. 5301, et seq. (the "Act ").
(v) 570.604 - Refers grant recipients to Section 104(8) of
the Act and 24 CFR Part 58 for those regulations and procedures aimed at
furthering the purposes of the National Environmental Policy Act of 1969.
The foregoing notwithstanding, SANFORD shall not assume the COUNTY'S
environmental responsibilities, as described in 24 CFR Sec. 570.604
"Environmental Standards ", nor the COUNTY's responsibility to initiate an
environmental review process. However, SANFORD is not exempt from
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 9 of 23
performing site - specific environmental reviews in accordance with State
and local regulations, nor is SANFORD released from any environmental
pollution that it or its employees, contracted agents or vendors may
cause or have caused for which SANFORD shall be fully liable.
(vi) 570.605 - Governs participation in the National Flood
Insurance Program pursuant to Section 202(a) of the Flood Disaster
Protection Act of 1973 and 44 CFR Parts 59 through 79.
(vii) 570.606 - Requires that grant recipients and
subrecipients adopt and utilize policies that best assure minimizing
displacement of persons, families, businesses, farms and non - profit
organizations from areas of grant funded, rehabilitation activities
pursuant to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601 -4655.
(viii) 570.607 - Applies Executive Orders 13279 as well as
11246, the latter being amended by Executive Orders 11375, 11478, 12086
and 12107 prohibiting racial, gender, ethnic or religious
discrimination in employment during the performance of federally
assisted construction projects.
(ix) 570.608 - Applies the Lead Based Paint Poisoning
Prevention Act (42 U.S.C. §§ 4821 -4846) and the Residential Lead Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851 -4856) to all grant
funded activities.
(x) 570.609 - Prohibits the use of debarred, suspended or
ineligible contractors or other subrecipients on grant funded projects.
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 10 of 23
(xi) 570.611 - Establishes the bidding requirements, the
code of conduct and conflict of interest provisions applicable for the
procurement of goods and services and post award contract administration
relative to activities funded under 24 CFR Part 570.
(xii) 570.612 - Requires adherence to any State imposed
standards of intergovernmental review for those infrastructure
improvements involving water, sewer and storm water facilities.
(xiv) 570.613 - Restrictions on eligibility for employment
and financial assistance benefits for certain resident, newly legalized
aliens.
(xv) 570.614 - Requires that any public buildings and other
facilities constructed with CDBG funds be compliant with the
Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151 -4157) and the
Americans with Disabilities Act (42 U.S.C. § 12131 and 47 U.S.C. § §155,
201, 218 and 225).
(c) Compliance With State and Local Laws and Regulations: During
the execution and implementation of this Agreement, SANFORD shall comply
with all applicable State and local laws, regulations and ordinances,
including, but not limited to the following:
(1) Chapter 112, Part III, Florida Statutes - "Code of
Ethics for Public Officers and Employees ". SANFORD shall not engage in
any actions under this Agreement that would create a conflict of interest
for itself or involving any of its employees pursuant to Section
112.312(15), Florida Statutes.
(2) Chapter 119, Florida Statutes - Public Records.
Seminole county /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 11 of 23
(3) Section 220.115, Seminole County Code, prohibiting the
illegal use of public monies for unethical purposes involving COUNTY
personnel. Violations of said Code provision shall be grounds for
unilateral termination of this Agreement by the COUNTY.
(4) SANFORD shall comply with the "Local Relocation and
Antidisplacement Policy" (the "Policy ") as adopted by the COUNTY. Should
SANFORD's performance during this Agreement necessitate, as determined by
applicable Federal regulations, compliance with the Uniform Relocation
Assistance and Real Property Act (the "Act "), SANFORD shall immediately
notify COUNTY accordingly. Upon such notification, COUNTY shall implement
and administer all requirements of the Policy and the Act pursuant to
this Agreement. The parties agree that should the aforementioned occur,
COUNTY shall use funds budgeted in Exhibit "B" to pay for relocation and
displacement costs required hereunder.
Section 7. Project Publicity. Any news release, Project sign, or
other type of publicity pertaining to the Project described herein shall
recognize the Seminole County Board of County Commissioners as the
recipient of CDBG funding from HUD and providing such funds to SANFORD.
Section 8. Management Assistance. The CS Administrator shall be
available to SANFORD to provide guidance on HUD requirements.
Section 9. Reporting Requirements. SANFORD shall fully complete
and provide to the CS Administrator a monthly report, attached hereto and
incorporated herein as Exhibit "D", summarizing the activities and
progress of the Project under construction and all bid information and
construction summaries. SANFORD shall provide the monthly reports as
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 12 of 23
part of the financial reimbursement process no later than the 15th day of
each month. Failure by SANFORD to submit a monthly report shall allow
the COUNTY to withhold payment on the next Request For Payment submitted
by SANFORD until the required monthly report is submitted as mandated
herein. The COUNTY shall have access to, and be provided copies and
transcripts of any records necessary which, in the sole determination of
the COUNTY are necessary to facilitate evaluation of required reports and
determinations of compliance.
Section 10. Maintenance of Records.
(a) SANFORD shall maintain all records required by Federal, State
and local laws, rules and regulations for a period of no less than five
(5) years from the date of the final Project audit or such longer period
as may be required by Federal or State law. This requirement shall
include:
(1) All accounts, property and personnel records, as deemed
necessary by the COUNTY to ensure proper accounting of all project funds
and compliance with this Agreement.
(2) Financial records regarding the following:
(A) invoices, receipts and cancelled checks of all
items purchased by SANFORD pursuant to this Agreement;
(B) bills and invoices for all services purchased by
SANFORD pursuant to this Agreement;
(C) force account construction including the records
indicating name, position, number of hours and total labor costs; and
Seminole county /city of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 13 of 23
(D) all capital expenditures in excess of SEVEN HUNDRED
FIFTY AND N01100 DOLLARS ($750.00) , including a description, model,
serial number, and date and cost of acquisition.
(b) SANFORD shall perform or cause to be performed an annual audit
and provide copies of such audits to the CS Administrator within thirty
(30) days of its completion. Because SANFORD shall receive more than
FIVE HUNDRED THOUSAND AND N01100 DOLLARS ($500,000.00) from all Federal
sources pursuant to this Agreement, such auditing procedures shall be
undertaken in compliance with OMB Circular A -133 and provided to the CS
Administrator in a timely manner.
(c) All records and contracts, of whatsoever type or nature,
required by this Agreement shall be available for audit, inspection and
copying in accordance with Chapter 119, Florida Statutes. The COUNTY
shall have the right to obtain and inspect any audit or other documents
pertaining to the performance of this Agreement made by any Federal,
State or local agency.
Section 11. Subcontracts. All contracts made by SANFORD to
perform the activities described in Exhibit "A" shall comply with all
applicable laws, rules and regulations set forth in this Agreement. Only
subcontracts for work or services as set forth in Exhibit "A" are
authorized by this Agreement. Any further work or services which SANFORD
wishes to subcontract shall be subject to prior County Approval from the
CS Administrator and may not exceed the financial restraints forth in
Section 5 of this Agreement.
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 14 of 23
Section 12. Liability to Third Parties. Except for approved
Project reimbursement payments to SANFORD, the COUNTY shall not be liable
to any person, firm, entity or corporation in connection with the
services SANFORD has agreed to perform hereunder, or for debts or claims
accruing to such parties against SANFORD. This Agreement shall not
create a contractual relationship, either express or implied, between
COUNTY and any other person, firm, or corporation supplying any work,
labor, services, goods or materials to SANFORD as a result of this
Agreement, including the contractors, subcontractors and vendors who may
from time to time be employed by SANFORD.
Section 13. Indemnification.
(a) SANFORD hereby assumes responsibility for all claims for
personal injury, including death, and property damage arising from its
own negligent or intentional torts or those caused by its employees,
officers, directors, contractors, agents or other persons under the
control of SANFORD. SANFORD shall also be wholly responsible for any
and all liability, loss, claims, damages, costs by reason of the loss or
recapture by HUD of any CDBG monies paid by COUNTY to SANFORD or
whomsoever, resulting out of SANFORD's fraud, defalcation, dishonesty,
or failure of SANFORD to comply with applicable laws or regulations; any
act or omission of SANFORD in the performance of this Agreement or any
part thereof, including attorney's fees, court costs and expenses of
whatsoever kind, type. COUNTY shall be responsible for all of its own
negligent or intentional torts or those caused by its employees,
agents, elected and appointed officials, officers, directors, board or
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 15 of 23
committee members, and other persons under its control.
(b) The foregoing clauses are simply acknowledgments between the
parties that there is no indemnification, and the foregoing clauses
shall not in any way be construed to be or in any way interpreted to be
any agreement to provide indemnification by one party to the other.
Section 768.28, Florida Statutes, shall govern all aspects of sovereign
immunity and the limitation of damages available to each party and
neither party in any way waives its rights to sovereign immunity.
(c) In the event that any action, suit or proceeding is brought
against SANFORD upon any alleged liability arising out of this Agreement,
or any other matter relating to this Agreement, SANFORD shall promptly
provide notice in writing thereof to COUNTY by certified mail to the
person designated in section 26 hereof. Upon receiving such notice,
SANFORD, at its own expense and to the extent permitted by law, shall
diligently defend against such action, suit or proceeding and take all
action necessary or proper to prevent the issuance of a judgment against
the COUNTY. COUNTY shall cooperate to a reasonable extent in SANFORD's
defense of any such action, suit or proceeding.
Section 14. Insurance. SANFORD shall ensure that its insurance
coverage or self - insurance program, and the insurance coverage of its
contracted agents, conforms to and complies with all applicable Federal,
State and local regulations and is adequate and sufficient to insure all
activities performed pursuant to this Agreement against property damage
or loss, human injury and other casualty.
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 16 of 23
Section 15. Non - Assignability. Neither party shall assign this
Agreement without the prior written consent of the other in a document of
equal dignity herewith.
Section 16. Independent Contractors. It is agreed that nothing
herein contained is intended or should be construed as in any manner
creating or establishing a relationship of co- partners between the
parties, or as constituting the officers, employees, and agents of one
party as being the agent, representative, or employee of the other
party for any purpose, or in any manner, whatsoever. Both SANFORD and
COUNTY are and shall remain independent contractors with respect to all
matters under this Agreement.
Section 17. Disclaimer of Third Party Beneficiaries. This
Agreement is made for the sole benefit of the parties hereto and their
respective successors and assigns and is not intended to and shall not
benefit any third party. No third party shall have any rights hereunder
or as a result of this Agreement or any right to enforce any provisions
of this Agreement.
Section 18. Program Income. In the event that any program income
as defined in 24 CFR 570.500(a) is received by SANFORD as a direct result
of the investment of any COUNTY funds awarded under this Agreement during
or after the term of this Agreement, SANFORD shall immediately render
such program income to the COUNTY for proper accounting in the CDBG fund.
Section 19. Non - Expendable Property. Any non- expendable personal
property acquired by SANFORD through funds issued by the COUNTY pursuant
to this Agreement shall be subject to all Federal, State and local
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 17 of 23
regulations, including, but not limited to, the provisions on use and
disposition of property. At the termination of this Agreement, any such
property shall be made available to the COUNTY and HUD in accordance with
such regulations.
Section 20. Reversion of Assets. Upon expiration of this
Agreement, SANFORD shall immediately transfer to the COUNTY any remaining
CDBG funds and any accounts receivable attributable to the use of CDBG
funds distributed pursuant to this Agreement. The distribution of any
real property controlled by SANFORD and acquired or improved in whole or
in part after receiving the express approval of the COUNTY, with HUD
funds in excess of TWENTY -FIVE THOUSAND AND N01100 DOLLARS ($25,000.00)
shall be governed by 24 CFR Sections 570.503 (b) (7) and 24 CFR 85.31 and
if such property is sold to another party, the provisions of 24 CFR
570. 504 (b) (4) , 570.504(b)(5) and 570.505(c) shall also apply with respect
to income derived therefrom.
Section 21. Suspension and Termination. This Agreement may be
terminated for reasons of enforcement or convenience in accordance with
24 CFR Sections 85.43 and 85.44, respectively. Notice thereof shall be
provided by the party seeking to effect termination pursuant to the
provisions of sections 23 and 26 of this Agreement.
Section 22. Breach. Any failure to comply with the Scope of
Services or other terms of this Agreement, including particularly, the
timely performance and completion of the Project by the date specified in
Section 4 hereof or the failure to achieve the required levels of
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 18 of 23
leveraged funding pursuant to section 5(h) hereof shall constitute a
breach of this Agreement.
Section 23. Enforcement of Agreement and Remedies. Upon
determination that a breach has occurred, the COUNTY reserves all legal
and equitable rights to enforce this Agreement and /or recover any monies
paid to SANFORD pursuant to this Agreement. Specifically and
additionally, the COUNTY shall have the following available remedies:
(a) immediately terminate this Agreement, with or without notice;
(b) reallocate the remaining uncommitted funds toward another CDBG
program or toward the COUNTY's trust fund;
(c) withhold disbursement of any further funds, regardless of
whether such funds have been encumbered by SANFORD;
(d) demand SANFORD immediately repay any monies expended in
accordance with this Agreement;
(e) require specific performance of this Agreement;
(f) demand payment and /or performance from the surety, if
applicable; and /or
(g) Subject to section 24 of this Agreement, initiation of formal
legal or equitable proceedings as may be necessary to enforce any of the
above remedies or demands.
Section 24. Alternative Dispute Resolution. The parties hereto
agree that it is in their best interests to settle any matters of
contract interpretation, implementation or enforcement matters amicably
and without resort to litigation if at all possible. The parties agree
to cooperatively interpret and implement this Agreement in good faith.
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 19 of 23
In the event that a dispute arises, the first level of contact for
resolution shall be SANFORD'S City Manager or his /her designee and the
County Manager or his /her designee. If the matter cannot be amicably
resolved at that level, then the parties shall engage in alternative
dispute resolution under the terms of Chapter 164, Florida Statutes,
the costs for which shall be shared equally. The parties hereto agree
that they shall not pursue litigation unless and until all good faith
efforts at alternative dispute resolution have been exhausted. Each
party shall be responsible for its own attorneys' fees for any
alternative dispute resolution or litigation proceedings contemplated
herein, regardless of the outcome.
Section 25. Certification Regarding Lobbying. SANFORD hereby
certifies that to the best of its knowledge and belief:
(a) no federally appropriated funds have been paid or will be paid
by or on behalf of SANFORD to any person for influencing or attempting to
influence any officer or employee of any agency, a member of Congress, an
officer or employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative
agreement.
(b) if any funds other than federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence any officer or employee of any agency, a member of Congress, an
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 20 of 23
officer or employee of Congress, or any employee of a member of Congress
in connection with this Agreement, SANFORD shall complete and submit a
"Disclosure of Lobbying Activities" (standard form SF -LLL) or its
equivalent as approved by the Office of Management and Budget.
Section 26. Notice. Whenever either party desires to give notice
unto the other, notice may be sent to:
For COUNTY:
CS Administrator
Community Services Department
534 W. Lake Mary Boulevard
Sanford, Florida 32773
For SANFORD:
City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Either of the parties may change, by written notice, the address or
person for receipt of notice.
Section 27. Amendment. This Agreement may be amended from time to
time by mutual agreement of the parties by adoption and execution of a
written instrument of equal dignity herewith. The foregoing
notwithstanding, a change in the parties designated for notice, pursuant
to Section 26 hereof, may be made by written notice sent via U.S. Mail to
the other party and without the need for formal amendment to this
Agreement.
Section 28. Severability. If any one or more of the covenants or
provisions of this Agreement shall be held to be contrary to any express
provision of law or contrary to the policy of express law, though not
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 21 of 23
expressly prohibited, or against public policy, or shall, for any reason
whatsoever, be held invalid, then such covenants or provisions shall be
null and void, shall be deemed separable from the remaining covenants or
provisions of this Agreement, and shall in no way effect the validity of
the remaining covenants or provisions of this Agreement.
Section 29. Entire Agreement, Effect on Prior Agreement. This
instrument constitutes the entire agreement between the parties and
supersedes all previous discussions, understandings and agreements, if
any, between the parties relating to the subject matter of this Agree-
ment.
Section 30. Headings. All articles and descriptive headings of
paragraphs in this Agreement are inserted for convenience only and shall
not affect the construction or interpretation hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed:
ATTEST:
J erk
CITY OF SANFORD, FLORIDA
-
LINDA K N, Mayor
Date: /off
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 22 of 23
ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, F IDA
By:
MAR MORSE B DALLARI, Chairman
Clerk to the Board of
County Commissioners of Date :%%� -Ctl(� / / C,2C>i U
Seminole County, Florida.
For the use and reliance As authorized for execution by
of Seminole County only. the Board of County Commissioners
at their 200
Approve as to form and regular meeting.
legal suf iciency.,,
County At
Attachments:
Composite Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Detailed Description of Project Components
and Scope of Services
Project Budget
Request for Payment form
Monthly Report form
P: \Users \aschneider \HUD -CDBG \2010 Docs \Sanford HUD CDBG 2009- 2010.doc
Seminole County /City of Sanford
HUD /CDBG Subrecipient Agreement
Program Years 2007 -2008 and 2008 -2009
Page 23 of 23
COMPOSITE EXHIBIT "A"
DETAILED DESCRIPTION OF
PROJECT COMPONENTS
AND
SCOPE OF SERVICES
ORANGE AVENUE
•�.
.
.#
fie° '�
�
��,�'3yroF5iY
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4 £' �,
6
•.
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B s
$tl.� I
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r.
�
4
5
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k.(�t i�
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.
it
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3
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t 5 G l' �'..F.k f � #
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$ r:
I m
y I
� 1
1 � 41. v
1
H
3
N a y
SCE t 3
* ( T r Alf �
Al
Y;.
Orange Avenue
Between E. 14t St. and E. 111h St.
$7.50 per liner foot 400 LF $3000
and sod & grading
$1150 per driveway 1 @ 1011 $1150
$1350 per driveway
$2500 per inlet
$60 per liner foot
Orange Avenue
Between E. 1 1th St. and Celery Avenue
$7.50 per liner foot
and sod & grading
$11.50 per driveway
$1350 per driveway
$2500 per inlet
$60 per liner foot
WE
12 @ 1114, 1122,
1112, 1106, 1123,
1121, 1117, 1115
1113, 1111, 1103,
1101
TOTAL COST FOR ORANGE AVENUE $79,200
$6750
$13800
WILLOW AVENUE
Willow Avenue
Between E. a St. and E. 6"' St.
- 4-
.
—
itj1at�+ {fli.A` 1
�i!��
$7.50 per „
)yi1
and sod & grading
1 per driveway
8 @ 405, 407,
' 11
✓
�.,.tw.:
412,410 416
a1
.l J
$1350 per driveway
M41 1,
$2500 per inlet
y t R) ,
�
e'g
11M one
1,
Willow Avenue
Between E. 6` St. and E. f St.
55
xk M k 1qz �. t
�$ a�'f *�S}�
��ss
�`
j tq.{Y.7
t M
$7.50 per liner foot
$1150
c
1 per driveway
$2500 per inlet
z 3iF5 a�
$60 per liner foot
r
1 i
y]
td_xE
S p
1I' {A� ff
A'
A
i�'il
,-
•� .'_
/A<
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.
Willow Avenue
Between E. 8th St. and E. 91h St.
i
r i
w u
1 • - ' •
' 11
111
1 ' IS. 1� � F - � A '
• sod • grading
$1150 • •
�j 805, C
• 11
�trt�. i�3�
815,804
$1350 per driveway
8Yu.r1CL Ark .:., z..,taLL S °R €b,A
er inlet
a , .
r +ai w.LL+Sa,�a:a.iianv` ��i�a° ;F
$60 per liner foot
,ie iWi
arr�
._ d'
Willow Avenue
Between E. le St. and E. 111h St.
Willow Avenue
Between E. ll'h St. and Celery Avenue
TOTAL COST FOR WILLOW AVENUE $59,250
S. BAY AVENUE
�wj '
„)ice ` It u I r7 t?
} � r
le yr} yj» a s .1..
tt ,
+ o
s.
it
q.. k:.
S. Bay Avenue
Between E. 7t St's and E. 8th St.
'01
A"'O,
"0
$7.50 per liner foot
r.
I
and • • • grading
NW �+ t'
708,706,704,
I
ar •.. k �
$1350 per driveway
i
� r
per inlet
> y
l
60 er liner foot
' I
S. Bay Avenue
Between E. 8th St. and E. 9th St.
Im M-
1
�i.�n�<.i� l
�g:}
� A b N r,�
`i `.
4
i_'_fi�r_ c ,;
M-m-1
t _
y 3 'i: i � aj
�.A�.
F'
' � i r
v._ 3 f .nxc�FCH
R
>i�£�.�55£ :z' _.� s l'ovL '` .ri -
:+ (( i 5' a. ^e. v9'., Y . u< .# , a{ wR'' _i ..z.Jf .v 2i" ..lmi1 ^ S
v .d,.t .. fi t u . Y .ai ,..� ..a.ros1��' .b a�. .._Iv[ :. ._*'l.i . J.�.
— —
__ ___. 1 _:k"_• _
t ', •
-fi
( __—
j
�v
1111 A R
�'
1
and sod • grading
y Fp y�
A.IA� ys
�I1 k"ri a
�� driveway
•
800,808,8 1�
driveway per
I
5�r;
$25*4 per inlet
n
k�
mhm�tm
S. ft Avenue
Between E. 91 St. and E. 10t1 St.
$7.50 per liner foot
400Lf
$3000
g
and sod & grading
Yl a,.
"
$1150 per driveway
4 @ 905, 909,
$4600
906,910
IV a
$1350 per driveway
or�t_ "aw
$2500 per inlet
! 33 1• dd Y` ix4yrygr
1,6 fC ! Sib
,yA
4'*''g', .
t
$60 per liner foot
n F�
INS 01 C'TAL``COST
$7600
�.
. -5.
)
r
UTI
4 i i t
I M Al. SI
t ,
ma .. ., v ,i'. +.'f� 4 :::.. a:.. e ° {i•:"�3`4.� x� .. rl�w -: ,'�.°"ci. r:�'k '"��i �ti, h�i"" .T::-'
S. Bay Avenue
Between E. 11'h St. and Celery Avenue
gF�a+ -J �cGa �re9'kk'pp',
#��ts.�ry
_ _ •
i..�._ 1� 1
1 1
s
VI
+
$7.50 per liner foot
and sod & grading
�5 a �' a^
_
$1150 • driveway
3 m 1112,1116,
1
$1350 per driveway
ARA
$2500 er inlet
I
I
$60 per liner foot
maim
TOTAL COST FOR S. BAY AVENUE $52,425
TOTAL COST FOR ORANGE AVENUE
$79,200
TOTAL COST FOR WILLOW AVENUE
$59,250
TOTAL COST FOR S. BAY AVENUE
$529425
Sanford Drainage Improvements — Project 2
p0 v-1877-1
Drainage Ditch Enclosure Project
Project Name
Applicant City of Sanford
Project Description This project addresses closure of approximately 250 ft of
drainage ditch that runs through the Georgetown
Neighborhood. This ditch creates health, safety, maintenance,
and erosion issues.
Additionally, piping the ditch will also alleviate flooding of
neighboring properties during heavy rainfalls.
Total Project Cost $485,139
DITCH ENCLOSURE PROJECT
CITY OF SANFORD
DITCH ENCLOSURE PROJECT
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
2/26/2009
ITEM
DESCRIPTION
UNITS
QUANTITY
UNIT
PRICE
TOTAL
PRICE
Construction
1
Mobilization
LS
1
$10,000
$10,000
2
Maintenance of Traffic
LS
1
$5,000
$5,000
3
Earthwork
LS
1
$7,500
$7,500
4
Staked Silt Fence
LF
480
$2
$960
5
84" RCP
LF
240
$1,500
$360,000
6
Manhole
EA
2
$10,000
$20,000
7
Connect Existing Storm to New Manhole
EA
2
$8,000
$16,000
8
Sodding Bahia
SY
800
$3
$2,400
Sub -total $421,860
15% Construction Cost Contingency $63,279
TOTAL $485,139
M ", V of e c
EXHIBIT B
PROJECT BUDGETS
Activity
Budget
Stormwater drainage system rehabilitation and
enhancements in the Georgetown Community within the
City of Sanford, Florida
$676,000.00*
CDBG Grant funding - Program Year 2009 -2010
Leveraged funding or in -kind services to be provided
by the City of Sanford, Florida to Project costs
$195,200.00
Total Project Budget
$871,200.00*
*To the extent the Project costs requires less than the amount of
CDBG Program funding allocated or in the event of CITY's failure to
complete the Project by May 31, 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.
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