1085-HUD Subrecipient Ag 05-06SEMINOLE COUNTY /CITY OF SANFORD
HUD /CDBG SUBRECIPIENT AGREEMENT
PROGRAM YEAR 2005 -2006
THIS AGREEMENT, entered into this –�— day of
20-0-6, 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 j
SANFORD, a Florida municipality, whose mailing address is P.O. Box 1788,
Sanford, Florida 32772 -1788, hereinafter referred to as "SANFORD ".
WHEREAS, COUNTY has made application effective October 1, 2005, and
entered 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 CDBG Program application; and
WHEREAS, SANFORD shall provide professional construction services
for the Phase I improvements to the Cloud Branch storm water drainage
system serving the Goldsboro neighborhood within the City of Sanford to
benefit the Low and Moderate income residents therein, all as described
in Exhibits "A" and "B" to this Agreement; and
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WHEREAS, COUNTY and SANFORD have both determined that it serves a
desirable and needed public purpose to proceed with the improvement
program by entering into this interlocal Agreement; and
WHEREAS, the COUNTY has allocated FIVE HUNDRED THIRTY THOUSAND AND
N01100 DOLLARS ($530,000.00) of HUD /CDBG funds for the Project for the
2005 -2006 Program Year,
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 the agreement upon which the parties have relied.
Section 2. Definitions.
(a) "CD Administrator" means the Seminole County Community
Resources Division Manager.
(b) "CDBG Program" means the Seminole County CDBG Program.
(c) "CDBG Regulations" means 24 CFR Part 570 and supplemental,
additional, or successor provisions.
(d) "County Approval" means written approval by the Planning
Director, CD Administrator, or their designee.
(e) "Low and Moderate Income" means gross household income not to
exceed eighty percent (80 %) of the median family income within the
Orlando Metropolitan Statistical Area during the term of this Agreement.
(f) "Planning Department" means the COUNTY's Planning and
Development Department Director or his /her designee for the Community
Development Office.
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(g) "Project" means the construction of the Phase I improvements
to the storm water drainage system serving the Goldsboro neighborhood
within the incorporated limits of SANFORD. Such improvements shall be
performed in accordance with the construction plans dated October 27,
2004 and prepared by CPH Engineers, Inc.
Section 3. Statement of Work.
(a) SANFORD, in a manner satisfactory to the COUNTY, shall perform
all tasks and services described or referred to in Exhibit "A ", Scope of
Services, attached hereto and incorporated herein by reference. Such
services shall be performed, except as 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 the cost of providing professional 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 in the Project Budget, attached
hereto and incorporated herein as "B ", 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.
Section 4. Term. The COUNTY shall reimburse SANFORD for the
services described in Exhibit "A ", performed by SANFORD up to the limits
set forth in Section 5. All such services shall be performed by SANFORD
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in accordance with applicable requirements of HUD with reimbursement
contingent thereupon. SANFORD shall perform and complete all Project
services described in Exhibit "A" by no later than December 31, 2006,
unless this Agreement is 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 the
contractors, subcontractors, and vendors selected by SANFORD to provide
goods and services under this Agreement in accordance with the Project
Budget, attached hereto as Exhibit "B" and incorporated herein by
reference. Requests for payment must be submitted on the form attached
hereto as Exhibit "C ", along with other required documentation.
(b) The COUNTY has allocated FIVE HUNDRED THIRTY THOUSAND AND
NO 1100 DOLLARS ($530,000.00) of HUD /CDBG funds for completion of this
Agreement. The COUNTY will reimburse SANFORD for the services rendered
under this Agreement up to FIVE HUNDRED THIRTY THOUSAND AND NO 1100
DOLLARS ($530,000.00). In the event that SANFORD does not require the
full amount of FIVE HUNDRED THIRTY THOUSAND AND N01100 DOLLARS
($530,000.00), as reflected in the bids received and reviewed by both
parties to this Agreement, the CD Administrator reserves the right to
reallocate any such remaining, excess, unencumbered, or unused funds to
other COUNTY HUD funded projects. Any such excess, unused or unencumbered
funds shall be returned to COUNTY within thirty (30) days.
(c) In no event shall the COUNTY reimburse SANFORD, its
contractors, subcontractors or vendors until all goods and services
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rendered are invoiced and approved in writing by SANFORD's City Manager
and the CD Administrator.
(d) In order to process payment requests, SANFORD shall submit to
the COUNTY a copy of the invoice signed by the entity requesting payment
and SANFORD's Project Manager. Copies of receipts or other acceptable
documentation demonstrating incurrence of each expense must be submitted
with original or true and correct copies of invoices, all of which must
accompany completed Request for Payment form, attached as Exhibit "C" to
this Agreement.
(e) Upon receipt of the documentation listed above, the COUNTY
shall initiate reimbursement to the requesting entity. 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 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 within
thirty (30) days of its receipt of payment request.
(f) Within thirty (30) days after completion of all services to be
performed under this Agreement, 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 within said thirty (30) day period. However, such time period
may be extended at the discretion of the COUNTY for one (1) additional
thirty (30) day period by written notice to SANFORD, provided that any
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delay in submission is not occasioned by fault or negligence of SANFORD,
as 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 only be
reimbursed by the COUNTY unless the CD Administrator has issued prior,
written approval of such goods or services.
(h) SANFORD shall utilize the funds awarded to it by the State
of Florida from the State's Clean Water Revolving Fund in an amount of
not less than FIVE HUNDRED THIRTY THOUSAND AND N01100 DOLLARS
($530,000.00) as leveraged funding in conjunction with the HUD /CDBG
funding provided in this Agreement for completion of the Project.
Appropriate documentation of sufficient leveraging shall be provided to
COUNTY prior to the award of any construction contracts by SANFORD.
(i) CITY 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 CITY has first
received written authorization from the CD Administrator. Any such
activities utilizing funds derived under this Agreement without COUNTY
approval is strictly prohibited and may result in termination of this
Agreement. Additionally, any such activity undertaken by CITY shall
minimize the displacement of persons per the requirements specified in
Sections 6(b)(vii) and 6(c)(4) 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
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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
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 ").
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(v) 570.604 - Refers grant recipients to Section 104(g) 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
performing site - specific environmental reviews in accordance with State
and local regulations, nor is SANFORD released from any environmental
Pollution that it may cause or have caused and SANFORD shall assume full
liability therefore.
(vi) 570.605 - Governs participation in the National Flood
Insurance Program pursuant to Aection 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.
(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) Ccmwliance 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:
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(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.
(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 funding by HUD and providing funds to SANFORD.
Section S. Management Assistance. The CD Administrator shall be
available to SANFORD to provide guidance on HUD requirements.
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Section 9. Reporting Requirements. SANFORD shall fully complete
and provide to the CD 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 part
Of the financial reimbursement process no later than the 15 day of each
month. Failure by SANFORD to submit a monthly report (Exhibit "D ") 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 in the sole determination of
the COUNTY or HUD to accomplish this obligation.
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;
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(C) force account construction including the records
indicating name, position, number of hours and total labor costs.
(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 CD Administrator within thirty
(30) days of its completion. Because SANFORD shall receive more than FIVE
HUNDRED THOUSAND AND NO 1100 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 CD
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. Liability. Except for any payment specifically set
forth herein, 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
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contractors, subcontractors and vendors who may from time to time be
employed by SANFORD.
Section 12. 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 must be approved in writing by the CD Administrator
and may not exceed the financial restraints forth in Section 5 of this
Agreement.
Section 13. Indemnification.
(a) SANFORD shall hold harmless and indemnify the COUNTY from and
against any and all liability, loss, claims, damages, costs, attorney's
fees and expenses of whatsoever kind, type, or nature which the COUNTY
may sustain, suffer or incur or be required to pay by reason of the
following: loss of any monies paid 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; a
judgment over and above the limits provided by the insurance required
hereunder or by any defect in the construction of the Project; or as may
otherwise result in any way or instance whatsoever arising from this
Agreement.
(b) In the event that any action, suit or proceeding is brought
against the COUNTY upon any alleged liability arising out of this
Agreement, or any other matter relating to this Agreement, the COUNTY
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shall promptly provide notice in writing thereof to SANFORD by registered
or certified mail addressed to SANFORD at the address provided
hereinafter. 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. The COUNTY shall
cooperate to a reasonable extent in SANFORD's defense of any such action,
suit or proceeding.
(c) The provisions of Section 768.28, Florida Statutes, shall
govern matters of liability for both parties and nothing in this
Agreement shall be construed as a waiver of the sovereign immunity of
either party beyond the amount expressed in the statute.
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.
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. 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.
Section 17. program Income. In the event that any program income
is received by SANFORD as a direct result of the investment of any COUNTY
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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 18. 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
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
the aforesaid provisions.
Section 19. Reversion of Assets. Upon expiration of this
Agreement, SANFORD shall immediately transfer to the COUNTY any remaining
HUD funds and any accounts receivable attributable to the use of HUD
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(7) and 24 CFR 85.31 and if
such property is sold to another party, the provisions of 24 CFR
570.504(4) and (5) and 24 CFR 570.505(c) shall also apply with respect to
income derived therefrom.
Section 20. Suspension and Termination. In accordance with 24 CFR
Sections 84.60 -62, the COUNTY may immediately suspend or terminate any
term or condition hereunder. Notice thereof shall be provided pursuant to
this Agreement. This Agreement may also be terminated for reasons of
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enforcement or convenience in accordance with 24 CFR Sections 85.43 and
85.44, or for cause by the COUNTY.
Section 21. 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, shall constitute a breach of this Agreement.
Section 22. 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 HUD
program or toward the COUNTY's trust fund;
(c) withhold issuance 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) impose a lien upon any and all of SANFORD's real or personal
property. To create such a lien, the COUNTY shall send a letter to
SANFORD demanding refund of any monies expended to SANFORD pursuant to
this Agreement. Said letter shall be recorded in the Public Records of
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Seminole County and thereafter shall constitute a lien upon SANFORD's
real and personal property.
Section 23. 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 Congress, or an 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
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 24. Notice. Whenever either party desires to give notice
unto the other, notice may be sent to:
For COUNTY.
CD Administrator
Community Development Office
1101 East First Street
SANFORD, Florida 32771
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For SANFORD:
City Manager
City of Sanford
P.O. Box 1788
Sanford, Florida 32772 -1788
Either of the parties may change, by written notice, the address or
person for receipt of notice.
Section 25. 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 26. 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 24 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 27. 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
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed:
ATTEST:
( JANET DOUGHERTY, Cit Cle�
CITY OF SANFORD
L,IN/AD�AA-- ,UIHNJ,,, Mayor
Date: v l v (/`� ✓� /`y'� c� �r/�� -
ATTEST:
ORSE
erk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Afe r ed as to form and
fi i y.
County At orney
AWS /lpk
10/19/05
Sanford HUD CDBG
Attachments:
1.
Exhibit
"A"
- Scope of
Services
2.
Exhibit
"B"
- Project
Budget
3.
Exhibit
"C"
- Request
for Payment
4.
Exhibit
"D"
- Monthly
Report
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLOR DA
By:
CARLT09 HENLEY, Chairman
Date
As authorized for execution by
the Board of County Commissioners
at their All /. <, 20t�2
regular meeting.
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EXHIBIT A
SCOPE OF SERVICES
CITY OF SANFORD, FLORIDA
CDBG 2005 -2006
SANFORD shall provide for professional construction services for Phase I improvements to the Cloud
Branch Drainage System in the Goldsboro area within Sanford. These construction services are being
performed to provide enhanced storm water drainage in a Sanford neighborhood area predominantly
occupied by low /moderate income persons.
Phase I improvements will be performed in accordance with the Construction Plans dated 10/27/2004 and
prepared by CPH Engineers, Inc.
Prior to award of a construction contract by SANFORD, SANFORD shall provide COUNTY with
appropriate documentation to demonstrate that sufficient funds and or services have been secured from
the State of Florida Clean Water State Revolving Fund in an amount no less than FIVE HUNDRED
THIRTY THOUSAND AND NO /100 DOLLARS ($530,000.00). SANFORD may leverage funds for this
project in an amount higher than the previously required amount.
TASK ONE: DOCUMENTS AND BID PROCESS
SANFORD shall use the Construction Plans and the Project Manual prepared by CPH Engineers, Inc. to
perform its construction services. SANFORD shall have construction drawings and site plans reviewed
and approved by the reviewing authorities for the City of Sanford and if applicable the State of Florida.
SANFORD shall apply for and submit copies of all issued permits (City of Sanford, Florida Department of
Environmental Protection, St. Johns River Water Management District, etc.) to the COUNTY.
SANFORD shall prepare all documents required for bidding. The document shall be submitted to the
COUNTY for review and approval prior to bidding. The COUNTY shall review the documents and
incorporate terms and conditions as required by the COUNTY or by Federal requirements.
SANFORD shall comply with the requirements of 24 CFR Part 85.36 "Procurement' sections (b), (c), (d),
(e), (0, (g), (h), and (i).
TASK TWO: BID RESPONSE REVIEW
Following the close of the bidding period, the COUNTY and SANFORD shall jointly review the bids
received. After review, SANFORD shall verify contractor qualifications and COUNTY shall verify that the
recommended bidder is not suspended or debarred from doing business under federally funded
contracts.
TASK THREE: CONTRACTOR SELECTION
SANFORD shall select with the COUNTY acting in an advisory capacity, the contractors to be awarded
the construction and site work. SANFORD shall prepare and negotiate the contracts with the contractors
and monitor the performance to meet certain requirements such as, but not limited to, appropriate
contractor licensing, proper insurance coverage, certificates and permits.
L1cr \projects \community dev \TargetAreas \Cities \SANFORD \exhibit a scope of services phase I cloud branch drainage 2005- 2006.doc
TASK FOUR: PRE - CONSTRUCTION CONFERENCE
SANFORD and the COUNTY shall hold a joint pre- construction conference at SANFORD City Hall with
the contractor, subcontractors, utility company representatives (if applicable) and other construction
involved entities for the purpose of:
1. Identifying the project managers;
2. Discussing the plans and specifications;
3. Discussing construction procedures and establishing a construction schedule;
4. Answering any questions prior to construction; and
5. Discussing Federal requirements and regulations (COUNTY staff shall present this
information.)
TASK FIVE: PROJECT MONITORING & PROGRESS REPORTS
SANFORD shall provide a project manager to monitor the activities. The project manager shall be
responsible for responding to all requests by the COUNTY. In accordance with Section 9 of the
Agreement, the project manager for SANFORD shall provide monthly reports (attached hereto as
EXHIBIT D) to the COUNTY by the fifteenth (15th) day of every month.
TASK SIX: PAYMENT
SANFORD shall receive payment from the COUNTY in accordance with Section 5 of the Agreement.
Ucr\projects \community dev \TargetAreas \Cities\SANFORD \exhibit a scope of services phase I cloud branch drainage 2005- 2006.doc
EXHIBIT B
PROJECT BUDGET
CITY OF SANFORD, FLORIDA
CDBG 2005 -2006
Activity
Construction services for Phase I
Budget
improvements to the Cloud Branch
Drainage System in the Goldsboro area
within Sanford.
CDBG 2005 -2006
$530,000.00
I-AcAprojects\community dev\TargetAreas \Cities \SANFORDIexhibit b budget phase I cloud branch drainage 2005- 2006.doc
EXHIBIT C
CITY OF SANFORD, FLORIDA
REQUEST FOR PAYMENT
CDBG 2005 -2006
Subrecipient: City of Sanford Florida
Name of Activity: Phase I Cloud Branch Drainage Improvements
Mailing Address: PO Box 1788
Sanford Florida 32772 -1788
Contact Person:
Payment Request No: Telephone Number
Pservices ivity
Original Budget
Amount
Payment
Amount
this Request
Paid
To Date
Original Budget
Balance
construction
r drainage
$530,000.00
$
$
$
s to the
ch Drainage
System
TOTAL
$530,000.00
$
Attach a copy of all supporting documentation for this Payment Request
Estimated Activity Completion Date:
Subrecipient/Interlocal Agreement Required Completion Date:
Submitted By: Title:
Signature: Date:
Ucr \projects \community dev \TargetAreas \Cities \SANFORD \exhibit c request for payment phase I cloud branch drainage 2005- 2006.doc
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