HomeMy WebLinkAboutSeminole County Interlocal CDBG First Amend. Subrecipient Agreement 2006 11 21Seminole County
FIRST AMENDMENT TO
SEMINOLECOUNTY/CITY OF WINTER SPRINGS
HUD/CDBG SUBRECIPIENT AGREEMENT
PROGRAM YEAR 2005-2006
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day of
THIS FIRST AMENDMENT is made and entered into this
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2006 and is to that certain HUD/CDBG Subrecipient
Agreement dated November 17, 2005 (the "Agreement") between the CITY OF
WINTER SPRINGS, FLORIDA, a Florida municipality, whose address is 1126
E. State Road 434, winter Springs, Florida 32708-2799, hereinafter
referred to as "CITY", and SEMINOLE COUNTY, a political subdivision of
the State of Florida, whose address is Seminole County Services
Building, 1101 East First Street, Sanford, Florida 32771, hereinafter
referred to as "COUNTY".
WIT N E SSE T H:
WHEREAS, the parties entered into the above referenced Agreement
with the expectation that the CITY's senior citizen center and therapy
pool expansion Project described therein and financed, which was to be
completed utilizing COUNTY supplied CDBG funding in the amount of FIVE
HUNDRED SEVENTY FIVE THOUSAND AND NO/lOa DOLLARS ($575,000.00); and
WHEREAS, COUNTY has determined to commit an additional TWO
HUNDRED EIGHTY THOUSAND AND NO/100 DOLLARS ($280,OOO.00) to facilitate
funding of the Project as expanded, modified and explained herein and
in Revised Exhibits A-l and B-1 at an estimated total cost of ONE
MILLION ONE HUNDRED NINETY-SEVEN THOUSAND AND NO/lOa DOLLARS
($1, 197,000.00) of which COUNTY's contribution of CDBG funding shall
now total EIGHT HUNDRED FIFTY-FIVE THOUSAND AND NO/lOa DOLLARS
($855,OOO.00); and
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crfntflED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SE~OLE COUNTY. FLORIDA
~y~r~.
t'~PUTV C~I!:"l(
WHEREAS, it is also necessary to extend the project completion
date and term of the Agreement for an additional twelve (12) months to
December 31, 2007; and
WHEREAS, internal reorganization of certain COUNTY departments
and divisions now requires that all references pertaining to the
division and department responsible for COUNTY's performance under the
Agreement be amended to accurately reflect such changes,
NOW, THEREFORE, in consideration of the foregoing recitals, mutual
understandings and agreements contained herein, the parties hereto agree
to amend the Agreement as follows:
1. The foregoing recitals are an integral part of this
Agreement and are fully incorporated herein.
2. Section 2 of the Agreement (Definitions) shall be amended
by the following revisions to paragraphs (a),
therein and shall henceforth read as follows:
(a) "CD Administrator" means the Community Reoourcco Assistance
(d) ,
( f), and ( g)
Division Manager or his/her designee."
(d) "County Approval" means written approval by the I'l;::mning .:md
Developfficnt Community Services Director, Community Reoourceo Assistance
Division Manager, or their designee."
(f) "I'l.::mning Community Services Department" means the COUNTY's
I'lanning and Developmcnt Community Services Department Director or
his/her designee.
(g) "Project" means the construction of a 3,670 4,500 qross
square foot concrete block addition to CITY's Senior Citizen Center
containing a multipurpose room, new game room, ~ c07crcd an
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enclosed, heated therapy pool, changing rooms and thirty-five (35)
additional parking spaces, including three (3) reserved for
handicapped persons.
3. Section 3 of the Agreement (Statement of Work) is hereby
amended to describe the Project as consisting of the representations
thereof as reflected in Revised Exhibit A-1,
including Revised
Attachment A-1 thereto and Revised Exhibit B-1 which shall replace
Exhibits A and B of the Agreement. Accordingly, that Section shall
henceforth read as follows:
"Section 3. Statement of Work.
(a) CITY, in a manner satisfactory to the COUNTY, shall perform
all tasks and services described or referred to in E:lchibi t 1'. Revised
Exhibit A-1, including Attachment A-1 thereto, General 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 CITY.
(b) The parties recognize and agree that the purpose of this
Agreement is to reimburse the cost of providing professional construction
services and infrastructure costs for the Project and that the 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 Exhibit B Revised
Exhibit B-1, 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
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specifically and directly related to CITY's implementation of the CDBG
Project activity funded under this Agreement and for no other purpose."
4. Section 4 of the Agreement (Term) is hereby amended to read
as follows:
"Sec tion 4 .
Term.
The COUNTY shall reimburse CITY for the
services described in Exhibit ."\ Revised Exhibit A-1, performed by CITY,
up to the limits set forth in Section 5. All such services shall be
performed by CITY in accordance with applicable requirements of HUD with
reimbursement contingent thereupon. CITY shall perform and complete all
Project services described in EJmibit ~ Revised Exhibit A-1 by no later
than December 31, ~ 2007, unless the Agreement is otherwise amended or
extended by written agreement of the parties as provided hereunder.
Notwithstanding the requirements of 24 CFR 570.505 ("Use of real
property"), this Agreement shall remain in full force and effect until
December 31, 2031, during which time the completed Project may only be
used as a Senior Citizen Center.
5. Sections 5(a), (b), (c) and (d) of the Agreement are hereby
amended to reflect the references to increased CDBG funding levels
provided through this First Amendment and shall read as follows:
"(a) The COUNTY shall reimburse CITY for funds paid to the
contractors, subcontractors and vendors selected by CITY to provide goods
and services under this Agreement in accordance with the Project Budget,
attached hereto as Revised Exhibit B B-1 and incorporated herein by
reference. Requests for payment must be submitted on the form attached
hereto
as
Revised
Exhibit
G C-1,
along
with
other
required
documentation."
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\\ (b) The COUNTY has allocated FIVE lAAIDRED CEJJEUTY FIVE THOUC.~ID
l'dID NO/lOO DOLLl'.RS ($575,000.00) EIGHT HUNDRED FIFTY-FIVE THOUSAND AND
NO/lOO DOLLARS ($855,000.00) of HUD/CDBG funds for completion of this
Agreement.
The COUNTY will reimburse CITY for the services rendered
under this Agreement up to FIVE IlUNDRED CEVBNTY FIVE TIIOUCl\ND l'.ND NO/lOO
DOLLl'~C ($575,000.00) EIGHT HUNDRED FIFTY-FIVE THOUSAND AND NO/100
DOLLARS ($855,000.00). In the event that CITY does not require the full
amount of FI'/E HUNDRED SEVENTY FIVE 'I'HOU,sl'dID .~m nO/l 00 DOLLl'.RC
($575,000.00) EIGHT HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS
($855,000.00), 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. Both parties
acknowledge that the revised total Project is estimated to be ONE MILLION
ONE HUNDRED NINETY SEVEN THOUSAND AND NO /100 DOLLARS ( $1, 197 , 000 . 00) .
In the event the best bid received is in excess of EIGHT HUNDRED FIFTY-
FIVE THOUSAND AND NO/lOO DOLLARS ($855,000.00) and the CITY elects to
proceed, CITY shall leverage the full amount of CDBG funding in order to
finance the remaining Project costs, including all change orders
thereto."
\\(c) In no event shall the COUNTY reimburse CITY, its contractors,
subcontractors or vendors until all goods and services rendered are
invoiced and approved in writing by the City Manager of CITY or his/her
designee and the CD Administrator."
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"(d) In order to process payment requests, CITY shall submit to the
COUNTY a copy of the invoice signed by the entity requesting payment and
CITY's
Project Manager.
Copies of receipts or other acceptable
documentation demonstrating incurrence of each expense must be submitted
with the invoice, all of which must be accompanied by a completed Request
for Payment form, attached as Revised Exhibit 8 C-1 to this Agreement."
6. Section 6{c) {4} of the Agreement is hereby amended to read
as follows:
"(4) CITY
shall
comply with the "Local Relocation and
{the "Policy"} as adopted by the COUNTY. Should
Antidisplacement Policy"
CITY's performance during this Agreement necessitate, as determined by
applicable Federal regulations, compliance with the Uniform Relocation
Assistance and Real Property Act {the "Act"}, CITY 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 ~{hibit B Revised Exhibit B-1 to pay
for relocation and displacement costs required hereunder."
7. Section 9 of the Agreement is hereby amended to read as
follows:
"Section 9. Reporting Requirements. CITY shall fully complete and
provide to the CD Administrator a monthly report, attached hereto and
incorporated herein as Revised Exhibit D-1, summarizing the number of
active projects under construction, all bid information and construction
summaries. CITY shall provide the monthly reports as part of the
financial reimbursement process no later than the fifteenth {15th} day of
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each month. Failure by CITY to submit a monthly report, (Exhibit D)
(Revised Exhibit D-l), shall allow the COUNTY to withhold payment on the
next Request For Payment submitted by CITY until the required monthly
report is submitted as mandated herein. Further, CITY shall fully
complete and provide to the CD Administrator, in a timely manner, an "End
of Project Report", attached hereto and incorporated herein as Exhibit E.
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."
8. Section 12 of the Agreement is hereby amended to read as
follows:
"Section 12.
Subcontracts. All contracts made by CITY to perform
the activities described in Exhibit L Revised Exhibit A-I and Attachment
1 thereto shall comply wi th all applicable laws, rules and regulations
set forth in the Agreement. Only subcontracts for work or services as set
forth in EJrhibit 1. Revised Exhibit A-I and Attachment 1 thereto are
authorized by this Agreement. Any further work or services which CITY
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 as restated in the First Amendment thereto."
9. Exhibit A to the Agreement is hereby superseded and
replaced in its entirety by Revised Exhibit A-I, including Attachment
1 thereto, attached to this First Amendment.
10. Exhibit B to the Agreement is hereby superseded and
replaced in its entirety by Revised Exhibit B-1, attached to this
First Amendment.
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"
.
11. Exhibit C to the Agreement is hereby superseded and
replaced in its entirety by Revised Exhibit C-1, attached to this
First Amendment.
12. Exhibit D to the Agreement is hereby superseded and
replaced in its entirety by Revised Exhibit D-1, attached to this
First Amendment.
13. All other portions of the Agreement and its Exhibits not
expressly amended or replaced by this First Amendment shall remain in
full force and effect and binding upon all of the parties hereto.
14. All articles and descriptive headings of paragraphs in this
First Amendment are inserted for convenience only and shall not affect
the construction or interpretation hereof.
15. If anyone or more of the covenants or provisions of this
First Amendment to the Agreement, or amended hereby, 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 the Agreement,
and shall, in no way, affect the validity of the remaining covenants or
provisions of the Agreement.
:IN W:ITNESS WHEREOF, the parties hereto have caused this First
Amendment to be executed:
CITY WINTER SPRINGS
BY'~+~
8
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
Date: October 23. 2006
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
Date:
//- .il../-c/(.
For the use and reliance
of Seminole County only.
As authorized for execution
by the Board of Coun~ Commissioners
at their No u, -/ , 20d~
regular meeting.
County Attorney
AWS / lpk
5/23/06
Attachments:
1. Revised Exhibit A-1 - Scope of Services, including Attachment A-1
2. Revised Exhibit B~l - Project Budget
3. Revised Exhibit C-1 - Request for Payment
4. Revised Exhibit D-1 - Monthly Report
P:\Users\aschneider\HUD-CDBG\Winter Springs Senior Center 1st Amend.doc
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REVISED EXHIBIT A-l with Attachment A-l
SCOPE OF SERVICES AND DESCRIPTION OF PROJECT
CITY OF WINTER SPRINGS, FLORIDA SENIOR CITIZEN CENTER EXPANSION
CDBG 2005-2006
WINTER SPRINGS shall provide for professional construction services
for improvements to the Senior Citizen Center by adding a 3,670 4,500
gross square foot addition, 35 additional parking spaces (32 regular
and 3 handicapped), and a heated and covered therapy pool on Edgemon
Avenue in Winter Springs, Florida. These construction services are
being performed to provide improved services and an improved quality
of life for the Senior Citizens of Seminole County. Attachment A-1
with its composite of Site Plan, Floor Plan, Elevation Drawings and
Artist Rendering are fully incorporated herein by reference.
WINTER SPRINGS shall comply with the requirements of Section 4 of this
Agreement by continuing to use the improvements for the purposes
specified herein until December 31, 2031.
TASK ONE:
DOCUMENTS AND BID PROCESS
WINTER SPRINGS shall use the Master Plan, and Floor Plan prepared by
Starmer Ranaldi Planning and Architecture, Inc. (attached hereto as
Attachment A A-1 and l'.ttochmont B rcopcctivcly) to prepare
construction plans, site plans and specifications for the improvements
that are to be performed. Where applicable, WINTER SPRINGS shall have
construction drawings and site plans reviewed and approved by the
reviewing authorities for the City of Winter Springs and the State of
Florida.
WINTER SPRINGS shall apply for and submit copies of all issued
building permits and other required permits to the COUNTY.
WINTER SPRINGS 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.
WINTER SPRINGS shall comply with the requirements of 24 CFR Part 84.44
and OMB Circular A-110 SUBPART C .40-.48 both of which define
" Procuremen t II .
TASK TWO:
BID RESPONSE REVIEW
Following the close of the bidding period, the COUNTY and WINTER
SPRINGS shall jointly review the bids received. After review, WINTER
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SPRINGS shall verify contractor qualifications and COUNTY shall verify
that the apparent low and successful bidder is not suspended or
debarred from doing business under federally funded contracts.
TASK THREE:
CONTRACTOR SELECTION
WINTER SPRINGS shall select, with the COUNTY acting in an advisory
capaci ty, the contractors to be awarded the construction, and site
work. WINTER SPRINGS 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.
TASK FOUR: PRE-CONSTRUCTION CONFERENCE
WINTER SPRINGS and the COUNTY shall hold a joint pre-construction
conference at WINTER SPRINGS City Hall with the contractor,
subcontractors, utility company representatives (if applicable) and
other construction involved entities for the purpose of:
1. Identifying the project manager;
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
WINTER SPRINGS 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 WINTER SPRINGS shall provide monthly
reports (attached hereto as EXHIBIT D) to the COUNTY by the fifteenth
(15th) day of every month.
TASK SIX:
PAYMENT
WINTER SPRINGS shall receive reimbursement payments from the COUNTY in
accordance with Section 5 of the Agreement.
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ATTACHMENT A-l
Winter Springs Senior Center
Assembly Hall Expansion and Therapy Pool
SITE PLAN "B"
This plan indicates the following:
1. The design for the Assembly areas is to be the same as in
Site Plan "A", as shown in former Attachment A to the
Agreement.
2 . The parking expansion shall be the same as Site Plan "A",
as shown in former Attachment A to the Agreement.
3. The therapy pool area is being modeled after the success of
the City of Altamonte Springs therapy pool complex. The new
pool facility is 4,500 GSF. It will be fully enclosed and
air conditioned. The American Arthritis Association
recommends the water temperature to be between 92 and 94
degrees F. This then further justifies enclosing the pool
area. The water temps can be better regulated throughout
the year if the pool is enclosed. However, sliding glass
doors are provided to be opened during mild temperatures
and to allow the natural ventilation and the desirable
views to the lake side of the park.
4. The pool building enclosure wall/roof composition shall be
masonry bearing walls and pre-engineered wood trusses with
a standing seam metal roof system to match that of the
existing building.
5. The entrance to the new pool complex shall be located on
the west side adjacent to the new (35) car parking lot.
6. A new office will be located at the new exterior entrance
side of the addition.
7. The pool support facilities are to be:
a. a check in and supervision office;
b. male and female dressing and shower facilities;
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. '.
c. a Therapy Pool training aids storage closet;
d. rinse showers at the pool deck;
e. a handicap pool transfer lift and chair;
f. an ADA ramp into pool;
g. mainstream stairs into pool;
h. a massage jets area; and
i. a below water surface handrail around perimeter
of pool.
The estimated construction costs for this scheme are $1,197,000.00.
Please refer to the itemized cost estimate set forth in Exhibit B-1.
The attached Floor Plan, Site Plan, Elevation Drawings and Artist
Renderings are an integral part of this Attachment A-1.
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REVISED EXHIBIT B-1
PROJECT BUDGET
CITY OF WINTER SPRINGS, FLORIDA
CDBG 2005-2006
Activity
Budget
Construction services for
improvements to the Senior Citizen
Center by adding a 4,500 square foot
addition, 35 additional parking
spaces (32 regular and 3
handicapped), and a heated and
covered therapy pool on Edgemon
Avenue in Winter Springs, Florida
CDBG 2005-2006
$855,000.00
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REVISED EXHIBIT C-1
CITY OF WINTER SPRINGS, FLORIDA
REQUEST FOR PAYMENT
CDBG 2005-2006
Sub recipient:
Name of Activity:
Mailing Address:
Citv of Winter Sorinas. Florida
Senior Center Buildino Addition. Additional Parkina. and Theraov Pool
1126 E. State Road 434
Winter Sorinos. Florida 32708-2799
Contact Person:
Chuck Pula. Director. Parks & Recreation
Payment Request No:
Telephone Number:
407-327-6590
Activity Original Payment Paid Budget
Budget Amount To Date Balance
Amount this Request
$855,000.00 $ $ $
Construction of
Senior Center
Building Addition,
Additional parking
and Therapy Pool
TOTAL $855,000.00 $ $ $
Attach a copy of all supporting documentation for this Payment Request
Estimated Activity Completion Date:
SubrecipientJlnterlocal Agreement Required Completion Date:
Submitted By:
Signature:
Title:
Date:
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REVISED EXHIBIT D-1
CITY OF WINTER SPRINGS, FLORIDA
MONTHLY REPORT
CDBG 2005-2006
SENIOR CENTER
BUILDING ADDITION,
ADDITIONAL PARKING
AND THERAPY POOL