Loading...
HomeMy WebLinkAbout2013 01 30 Regular 600 North Village Sidewalk Project Update BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE AGENDA CONSENT INFORMATIONAL ITEM 600 PUBLIC HEARING REGULAR X January 30, 2013 MGR /DEPT Meeting Authorization REQUEST: Community Development Department-Planning Division is providing the Bicycle and Pedestrian Advisory Committee (BPAC) updated information regarding an agreement the City Commission entered into with Seminole County on January 14, 2013 for Community Development Block Grant (CDBG) funding of up to $250,000 for construction of the North Village Walk Sidewalk Project-Phase 1. SYNOPSIS: The North Village Walk Sidewalk Project - Phase 1 consists of the installation of approximately two miles of new 5-foot wide sidewalks along existing City streets generally located north of S.R. 434, east of Sheoah Boulevard, and west of Moss Road. The project is in the approved 5-year Capital Improvements Plan and has been recommended as a high priority project by the Planning and Zoning Board and the Bicycle and Pedestrian Advisory Committee. The proposed project is federally funded by a Community Development Block Grant administered through Seminole County. At the January 14, 2013 meeting, the City Commission entered into an agreement with Seminole County which will allow funding up to $250,000 for construction of the North Village Walk Sidewalk Project—Phase 1. CONSIDERATIONS: The North Village Walk Sidewalk Project- Phase 1 consists of the installation of approximately two miles of new 5-foot wide sidewalks along existing City streets generally located north of S.R. 434, east of Sheoah Blvd., and west of Moss Road (see Attachment "A" for the project map). In 2011, a sidewalk gap inventory was performed by Staff and presented to the Bicycle and Pedestrian Advisory Committee for consideration. January 30,2013 Agenda Item 600 Page 2 of 3 The sidewalk gap inventory identified the North Village Walk Area as one of several priority areas for public sidewalks based on its proximity to a number of pedestrian attractors including the Winter Springs Senior Center, Winter Springs Elementary School, Sunshine Park, Torcaso Park, S.R. 434 retail properties, and Lynx bus stops along S.R. 434. Additionally, the streets in the North Village Walk Area (also referred to as the North Moss Road Target Area), were built on a grid pattern that supports an interconnected walkable community when sidewalks are provided. The North Village Walk Sidewalk Project is in the 5-year Capital Improvements Plan (CIP) that was adopted by the City Commission at the September 24, 2012 City Commission meeting. At the February 28, 2011 City Commission meeting, Staff informed the Commission (Informational Agenda Item #103) of the intent to apply for a Community Development Block Grant (CDBG) for the North Village Walk Sidewalk Project. The project location is within Census Tract 214.01 Block Group 2,which is eligible for CDBG funding. In addition to being in the approved CIP, the project was recommended by the Bicycle and Pedestrian Advisory Committee (BPAC) in February 2011 as a high priority project in BPAC's adopted Inventory of Sidewalk Gaps with Priority Project Ranking. In March 2011, the Planning and Zoning Board adopted a citywide Pedestrian Plan which included the North Village Walk Sidewalk Project as priority #1B,with #1A being a sidewalk project in the Winter Springs Town Center. The North Village Walk Sidewalk Project is also on the current Metroplan Orlando Prioritized Project List for Bicycle and Pedestrian Projects. The project divides the new sidewalks into three priority areas, with the first priority area being the installation of sidewalks along one side of the streets that currently have no sidewalks (see Exhibit A). These streets include: • North Cortez Avenue • North 1st Street(north side) • Algiers Avenue • North 1st Court • North 2nd Street • North Devon Avenue • North Fairfax Avenue • North 3rd Street from Edgemon to Fairfax The second priority is the installation of new sidewalks along Moss Road, a collector road, to provide sidewalks on both sides where there is currently a sidewalk only on one side. The third priority is the installation of sidewalks along the south side of 1st Street to provide sidewalks along both sides of this east-west corridor. The completion of priority areas #2 and #3 as part of the Phase 1 project depend on the bid prices and the ability to fully fund these areas as part of the CDBG grant. Any areas not completed in Phase 1 will be moved to Phase 2 to be completed at a later date based on the availability of future grant funds. The proposed project is federally funded up to $250,000 by a Community Development Block Grant administered through Seminole County. January 30,2013 Agenda Item 600 Page 3 of 3 The agreement between the City and Seminole County covers the terms and conditions of the funding and project requirements (see Attachment "B"). Some of the important items in the agreement include: • Funding is up to $250,000 • Funding is a reimbursement based on work completed, accepted, and invoiced to Seminole County • The project will be bid and administered by the City • Project completion is by July 31, 2013 • The City is to provide leveraged (matching) funding, which is listed as 20% but will be modified as 5% in the final agreement. The leveraged funding is planned to entirely be in the form of in-kind services provided by City Staff for the design, bidding, inspection, and construction administration. Public Meeting A Public Meeting has been scheduled for February 4, 2013 at City Hall at 6:00 PM. All property owners in the immediate vicinity of the project (including all abutting properties) will be mailed a meeting notice. The purpose of the meeting is to introduce the project, collect input, answer questions, and establish lines of communication. Project information will also be posted on the City website. FISCAL IMPACT: This agenda item allows for funding up to $250,000. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Bicycle And Pedestrian Advisory Committee members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. Public Meeting A Public Meeting has been scheduled for February 4, 2013 at City Hall at 6:00 PM. All property owners in the immediate vicinity of the project (including all abutting properties) will be mailed a meeting notice. The purpose of the meeting is to introduce the project, collect input, answer questions, and establish lines of communication. Project information will also be posted on the City website. RECOMMENDATION: Staff requests that the Bicycle and Pedestrian Advisory Committee (BPAC)provide any addition information or discussion that they deem appropriate. ATTACHMENTS: A. North Village Walk Proposed Sidewalk Map (1 page) B. Draft Agreement (29 pages) Z- N sk wyw ft II 4N----;- wssM11111111,„.5-: , al 11 MI r ,,„ ,,‘„, '''•44r4t.„4,4,4y. Eir-4 iii. a IPA • i 1111111. :Will # go. I 1 • .*** WI& is 0 2 Ats: • it* 1/q IIN- OR ;Ili 01 VO.m.m.10 4P4a‘ ‘r 444 arl li . 1 II 11I1I!!! . 111 a _ • • V PARD.•.0 4 . * . , .,. ittainialra Ali. .. Ft i o Is O_ �44. auk ♦ s u • 0 0 A, . . •s Wrilectia ,0„ W ■ • - V.a V , II 8 ,,,,,q�{_00 .. _ :=., .. , „, I ,t,: ii No ,,,, 4 Iwo r. i 1 kirif n W Iii o ittft •• kA- 1.- 1.-.2g III Attachment "B" SEMINOLE COUNTY/CITY OF WINTER SPRINGS HUD/CDBG SUBRECIPIENT AGREEMENT PROGRAM YEAR 2012-2013 THIS AGREEMENT, entered into this day of 20 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 WINTER SPRINGS, FLORIDA, a Florida municipality, whose mailing address is 1126 East State Road 434,Winter Springs,Florida 32708,hereinafter referred to as "WINTER SPRINGS". WITNESSETH WHEREAS, COUNTY has or shall have made application to be effective October 1, 20I2, 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, 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 WINTER SPRINGS have mutually determined that the installation of sidewalks in the North Moss Road Target area within the City of Winter Springs as described herein and in Exhibit A to this Agreement will provide an improved quality of life for the residents of the North Moss Road Target area and the general public as well as increased Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 1 of 20 opportunities for educational and recreational activities to the residents of the North Moss Road target area and the general public as well; and WHEREAS, COUNTY and WINTER SPRINGS 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, COUNTY has allocated up to TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) of its CDBG funds for the Project from its 2012-2013 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 Department Director or his/her designee within the Community Services Department. (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 ("U.S.C."), Sections 5301, et seq. (d) "County Approval" means written approval by the CS Administrator, Board of County Commissioners,or County Manager as may be necessary from time to time. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 2 of 20 (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 (80%) of the median family income within the Orlando Metropolitan Statistical Area during the term of this Agreement. (g) "Project" means the installation of approximately 2.5 miles of sidewalks within the Moss Road Target area within the city limits of WINTER SPRINGS. The Project, is more particularly described in Composite Exhibit A (Scope of Services),which is hereby incorporated into this Agreement by reference. Section 3. Statement of Work. (a) WINTER SPRINGS, in a manner satisfactory to 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 WINTER SPRINGS. (b) The parties recognize and agree that the purpose of this Agreement is to reimburse WINTER SPRINGS 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 COUNTY as set forth 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 WINTER SPRINGS's implementation of the CDBG Project activity funded under this Agreement and for no other purpose. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 3 of 20 (c) The Project shall be completed according to the following schedule which shall be strictly adhered to by WINTER SPRINGS: By January 25, 2013 Meet with County Project Manager to review terms of Agreement By February 15,2013 Complete all design, engineering and Project plan documents By March 29, 2013 Award all construction bids By April 15,2013 Commence construction By June 30,2013 Substantial completion of Project By July 31,2013 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 July 31, 2013 unless extended by formal amendment hereto. All Project services shall be fully performed by WINTER SPRINGS in accordance with applicable requirements of HUD and this Agreement with reimbursement contingent thereupon, WINTER SPRINGS shall perform and complete all Project services described above and in Exhibit A by no later than July 3 I, 2013, unless this Agreement is otherwise amended or extended by written agreement of the parties as provided hereunder. Section 5. Payments. (a) COUNTY shall reimburse WINTER SPRINGS for funds paid to City employees as well as the contractors, subcontractors, and vendors selected by WINTER SPRINGS 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. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 4 of 20 (b) COUNTY has allocated TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) of CDBG funds for completion of the Project envisioned by this Agreement. COUNTY will reimburse WINTER SPRINGS for the services rendered under this Agreement up to but not exceeding TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00), contingent upon COUNI'Y's receipt of the full amount anticipated for the Program Year 2012-2013 CDBG allocation from HUD. In the event that WINTER SPRINGS does not require the full amount of TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00), 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 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 (c) In no event shall COUNTY reimburse WINTER SPRINGS, its contractors, subcontractors or vendors until all goods and services rendered are invoiced along with sufficient, supporting documentation, approved in writing by WINTER SPRINGS's City Manager and until same shall have received County Approval. (d) In order to process payment requests, WINTER SPRINGS 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 WINTER SPRINGS'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. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 5 of 20 (e) Upon receipt of the documentation listed above, COUNTY shall initiate reimbursement to WINTER SPRINGS. 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 WINTER SPRINGS, its employees, vendors, contractors and subcontractors have performed services in full compliance with all requirements of 24 CFR Part 570 and properly invoiced the request for payment, payment shall be rendered by COUNTY to WINTER SPRINGS within thirty (30) days of its receipt of payment request. As an express condition of receiving continued payments of CDBG funds from COUNTY, WINTER SPRINGS 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 the sole option of COUNTY, result in a denial of future payment requests, recapture of CDBG funds previously paid to WINTER SPRINGS, 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 July 31, 2013, WINTER SPRINGS shall render a final and complete statement to COUNTY of all costs for goods and services not previously invoiced. COUNTY shall not be obligated to pay any charges, claims or demands of WINTER SPRINGS 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 WINTER SPRINGS, provided that any delay in submission is not occasioned by fault or negligence of WINTER SPRINGS, as solely determined by COUNTY. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 6 of 20 (g) Any goods or services not allotted in the Project Budget, or not undertaken in compliance with this Agreement, shall not be reimbursed by 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, WINTER SPRINGS shall be required to provide twenty percent (20%) of the total Project cost as leveraged funding for the Project which may include documented, in-kind Project services or expenditures. Appropriate documentation of sufficient leveraging shall be provided to COUNTY prior to COUNTY's disbursement of the Iast TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) of CDBG funds to WINTER SPRINGS for reimbursement of Project costs. Failure by WINTER SPRINGS 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) WINTER SPRINGS 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 WINTER SPRINGS 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. WINTER SPRINGS 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: Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 7 of 20 (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: WINTER SPRINGS 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: (1) 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. (2) 570.601 — Requires adherence to Public Law 88-352, ("1964 Civil Rights Law"), Public Law 90-284 ("1968 Civil Rights Act of I968"), and Executive Order 11063 ("Equal Opportunity in Housing"). (3) 570.602 — Prohibits discrimination on the basis of race, sex or age for activities under the program. (4) 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 1 of The Housing and Community Development Act;i.e.,42 U.S.C. 5301, et seq. (the "Act"). (5) 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, WINTER SPRINGS shall not Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 8 of 20 assume COUNTY's environmental responsibilities, as described in 24 CFR Section 570.604, "Environmental Standards", nor COUNTY's responsibility to initiate an environmental review process. However, WINTER SPRINGS is not exempt from performing site-specific environmental reviews in accordance with State and local regulations, nor is WINTER SPRINGS released from any environmental pollution that it or its employees, contracted agents or vendors may cause or have caused for which WINTER SPRINGS shall be fully liable. (6) 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. (7) 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. (8) 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. (9) 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. (10) 570.609—Prohibits the use of debarred, suspended or ineligible contractors or other subrecipients on grant funded projects. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 9 of 20 (11) 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. (12) 570.612 — Requires adherence to any State imposed standards of intergovernmental review for those infrastructure improvements involving water, sewer and storm water facilities. (13) 570.613 — Restrictions on eligibility for employment and financial assistance benefits for certain resident,newly legalized aliens. (14) 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, WINTER SPRINGS 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". WINTER SPRINGS 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 COUNTY. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 10 of 20 (4) WINTER SPRINGS shall comply with the "Local Relocation and Antidisplacement Policy" (the "Policy") as adopted by COUNTY. Should WINTER SPRINGS's performance during this Agreement necessitate, as determined by applicable Federal regulations, compliance with the Uniform Relocation Assistance and Real Property Acquisition Act (the "Act"), WINTER SPRINGS 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 WINTER SPRINGS. Section S. Management Assistance. The CS Administrator shall be available to WINTER SPRINGS to provide guidance on HUD requirements. Section 9. Reporting Requirements. WINTER SPRINGS 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. WINTER SPRINGS shall provide the monthly reports as part of the financial reimbursement process no later than the 15th day of each month. Failure by WINTER SPRINGS to submit a monthly report shall allow COUNTY to withhold payment on the next Request for Payment submitted by WINTER SPRINGS until the required monthly report is submitted as mandated herein. COUNTY shall have access to, and be provided copies and transcripts Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 11 of 20 of any records necessary which, in the sole determination of COUNTY are necessary to facilitate evaluation of required reports and determinations of compliance. Section 10. Maintenance of Records. (a) WINTER SPRINGS shall maintain all records required by Federal, State and local laws, rules and regulations for a period of no Iess than five(5) years from the date of the final Project audit or such Ionger 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 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 WINTER SPRINGS pursuant to this Agreement; (B) bills and invoices for all services purchased by WINTER SPRINGS pursuant to this Agreement; (C) force account construction including the records indicating name, position,number of hours and total labor costs; and (D) all capital expenditures in excess of SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00), including a description, model, serial number, and date and cost of acquisition. (b) WINTER SPRINGS 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. If WINTER SPRINGS receives more than FIVE HUNDRED THOUSAND AND NO/l00 DOLLARS ($500,000.00) from all Federal sources pursuant to this Agreement within a one(1) year period, such Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 12 of 20 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. 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 WINTER SPRINGS 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 WINTER SPRINGS 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. Section 12. Liability to Third Parties. Except for approved Project reimbursement payments to WINTER SPRINGS, COUNTY shall not be liable to any person, firm, entity or corporation in connection with the services WINTER SPRINGS has agreed to perform hereunder, or for debts or claims accruing to such parties against WINTER SPRINGS. 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 WINTER SPRINGS as a result of this Agreement, including the contractors, subcontractors and vendors who may from time to time be employed by WINTER SPRINGS. Section 13. Indemnification. (a) WINTER SPRINGS hereby assumes responsibility for all claims for personal injury, including death, and property damage arising from its own negligent or intentional torts or Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 13 of 20 those caused by its employees, officers, directors, contractors, agents or other persons under the control of WINTER SPRINGS. WINTER SPRINGS 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 WINTER SPRINGS or whomsoever, resulting out of WINTER SPRINGS's fraud, defalcation, dishonesty, or failure of WINTER SPRINGS to comply with applicable laws or regulations; any act or omission of WINTER SPRINGS 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 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 Iimitation 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 WINTER SPRINGS upon any alleged liability arising out of this Agreement, or any other matter relating to this Agreement, WINTER SPRINGS shall promptly provide notice in writing thereof to COUNTY by certified mail to the person designated in Section 26 hereof. Upon receiving such notice, WINTER SPRINGS, 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 Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 14 of 20 judgment against COUNTY. COUNTY shall cooperate to a reasonable extent in WINTER SPRINGS's defense of any such action,suit or proceeding. Section 14. Insurance. WINTER SPRINGS 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. 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 WINTER SPRINGS 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 WINTER SPRINGS as a direct result of the investment of any COUNTY funds awarded under this Agreement during or after the term of this Agreement,WINTER SPRINGS Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 15 of20 shall immediately render such program income to COUNTY for proper accounting in the CDBG fund. Section 19. Non-Expendable Property. Any non-expendable personal property acquired by WINTER SPRINGS through funds issued by COUNTY pursuant to this Agreement shall be subject to all Federal, State and Iocal regulations, including,but not limited to, the provisions on use and disposition of property. At the teiniination of this Agreement, any such property shall be made available to COUNTY and HUD in accordance with such regulations. Section 20. Reversion of Assets. Upon expiration of this Agreement, WINTER SPRINGS shall immediately transfer to 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 WINTER SPRINGS and acquired or improved in whole or in part after receiving the express approval of COUNTY, with CDBG funds in excess of TWENTY-FIVE THOUSAND AND NO/100 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 Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 16 of 20 specified in Section 4 hereof or the failure to achieve the required levels of 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, COUNTY reserves all legal and equitable rights to enforce this Agreement and/or recover any monies paid to WINTER SPRINGS pursuant to this Agreement. Specifically and additionally, 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 COUNTY's trust fund; (c) withhold disbursement of any further funds, regardless of whether such funds have been encumbered by WINTER SPRINGS; (d) demand WINTER SPRINGS 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 maybe 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. In the event that a dispute arises, the first level of contact for resolution shall be WINTER SPRINGS's City Manager or his/her designee and the County Manager or his/her designee. If the matter cannot be amicably resolved at that Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 17 of 20 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. WINTER SPRINGS 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 WINTER SPRINGS 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 officer or employee of Congress, or any employee of a member of Congress in connection with this Agreement, WINTER SPRINGS 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: Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 18 of 20 For COUNTY: CS Administrator Community Services Department 534 West Lake Mary Boulevard Sanford, Florida 32773 For WINTER SPRINGS: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs,Florida 32708 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 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 Agreement. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 19 of 20 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. Section 31. Miscellaneous. (a) The Parties represent to each other that each, respectively, has full right,power, and authority to execute this Agreement and that they have done all things necessary or conditions precedent to the execution hereof. (b) This Agreement shall be construed in accordance with the laws of the State of Florida. The Parties hereby consent to venue in the Circuit Court in and for Seminole County, Florida, as to State actions and the United States District Court for the Middle District of Florida, Orlando Division, as to Federal actions. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 20 of 20 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed: ATTEST: CITY OF WINTER SPRINGS,FLORIDA By: ANDREA LORENZO-LUACES CHARLES LACEY,Mayor City Clerk Date: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY,FLORIDA By: MARYANNE MORSE ROBERT DALLARI, Chairman Clerk to the Board of County Commissioners of Date: Seminole County,Florida. For the use and reliance As authorized for execution by the Board of County of Seminole County only. Commissioners at their ,20 regular meeting. Approved as to form and legal sufficiency. County Attorney Attachments: Exhibit A-1 —Scope of Services Exhibit A-2—Proposed Sidewalk Map Exhibit B —Project Budget Exhibit C—Request for Payment Form Exhibit D -Monthly Report Form MCC/sjs 12/18/12 P.User.Legal Secretary CSStCaaYssssaily Services52012 Agreemcnts4Wiater Springs HUD-CDBG(2012-2013).doc Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Page 21 of 20 EXHIBIT A-I SCOPE OF SERVICES Seminole County/City of Winter Springs HTJD/CDBG Subrecipient Agreement Program Year 2012-2013 Exhibit A-1 Exhibit A-1 Moss Road Area Sidewalk Installation City of Winter Springs Scope of Services The City of Winter Springs will provide approximately two and a half (2.5) miles of sidewalk installation located in the North Moss Road Target Area of Winter Springs, Florida. The project location is within Census Tract 0214.01 Block Group 2, which is predominantly occupied by low/moderate income persons. The construction services being performed are to construct public facilities that have an area benefit. TASK ONE: Documents and Bid Process WINTER SPRINGS shall prepare construction plans to perform the construction services. WINTER SPRINGS shall have construction drawings and site plans reviewed and approved by the reviewing authorities for the City of Winter Springs and, if applicable, the State of Florida. WINTER SPRINGS shall apply for and submit copies of all issued permits to the COUNTY prior to construction. WINTER SPRINGS shall prepare all documents required for bidding which will include all three priority areas as listed on Exhibit A-2. 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 SPINGS shall comply with the requirements of 24 CFR 84. TASK TWO: Bid Response Review Following the close of the bidding period, the COUNTY and WINTER SPRINGS shall jointly review the bids received. At this time the COUNTY and WINTER SPRINGS will determine which of Priority Areas 1 , 2, and/or 3 (as designated in Exhibit A-2) will be completed, if not all three, pending on funding availability. WINTER SPRINGS shall verify contractor qualification and the COUNTY will verify that the recommended 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 capacity, the contractor(s) to be awarded the construction contract. WINTER SPRINGS shall prepare and negotiate the contract(s) with the contractor(s) and monitor the performance to meet certain requirements such as, but not limited to, appropriate contractor licensing, proper insurance coverage, certificates, permits, and project completion deadlines. TASK FOUR: Pre-Construction Conference WINTER SPRINGS and the COUNTY shall hold a joint pre-construction conference with the contractor, subcontractors, 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. Discussing established timelines and deadlines in the subrecipient agreement; 5. Answering any questions prior to construction; and 6. Discussing Federal requirements and regulations. 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 this Agreement, the project manager for WINTER SPRINGS shall provide monthly reports to the COUNTY by the fifteenth (15th) day of every month. TASK SIX: Leveraged Funding WINTER SPRINGS will perform in-house design and in-house inspections/construction management that is equivalent to at least 20% total of the project costs as leveraged funding. Additional in-kind project services or expenditures may be used as leveraged funding, pending COUNTY approval. TASK SEVEN: Payment WINTER SPRINGS shall receive payment from the COUNTY in accordance with Section 5 of the Agreement. TASK SEVEN: Timeline WINTER SPRINGS shall complete tasks in accordance with Section 3 of the agreement. EXHIBIT A-2 PROPOSED SIDEWALK MAP Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Exhibit A-2 EXHIBIT B PROJECT BUDGET Activity Budget Installation of approximately 2.5 miles of sidewalks in the North Moss Road target area within the City of Winter Springs, Florida CDBG Grant funding—Program Year 2012-2013 $250,000.00 * Leveraged funding or in-kind services to be provided by the City of $50,000.00 ** Winter Springs, Florida to Project costs Total Project Budget $300,000.00 * To the extent the Project cost requires less than the amount of CDBG Program funding allocated or in the event of WINTER SPRINGS' failure to complete the Project by July 31, 2013, 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 within the County. ** Leveraged funding will adjust to equal twenty percent (20%) of the total cost for installation of sidewalks. In return, this will adjust the total Project budget depending on the awarded bid. Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement Program Year 2012-2013 Exhibit B ƒ a OA _p • ) P. § k \ k \ o A g U ƒ R ° 3 4 • 3 W o Q / U / ¥ _ \ u EN • « pi k q 2 2 U 8 § - e \� / 7 0 ) / CY � � � � � o % .8 \ ® A k k k ƒ U - Iƒ ƒ + \ U ƒ / ƒ \ k / * 2 \ '0 ƒ q 3 k b 2 Q o 0 0 § - 8 . • ? a § ° ° 04 ° ƒ 4E-3 d) 0 0 o k -g U A "E' k 2 '?\ 0 o /k 0 f u 0) / E-+ W W U o ci) ° Z• H E CID a u u _u< r/D 0 (1) W W VJ o a.. H C. E-1 Et int Q a 0 a o a .Qd ¢ h a) (-1 A4 a 0 E ~ o N ,� p O a ' ;cis H aW Q Q.'� W Z a Er H a °° H ~° o z cy] o 0 H Wp� '- >, .g 7r' ccnn NCH U M 6 c fib .--t W 4' g Cd O LO H Q Q 0 � rx 0 W H o U ca HW °o a- z 5 .. w Q a o o H � o H � � Z rn � N °' tr-r4b O w i..a cn H U H w V-1 Q i w .t ° w q. as vrc) H o U .. H U aR 73 tff) pa N - Q H 4 z A) p a ° at cn