TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher, II, ICMA-CM, MPA, City Manager
TITLE: Approve the Corrected First Amendment to the Subrecipient Agreement Between Sarasota County, Florida, and the City of North Port, Florida, for Greenwood Avenue Sidewalk Construction, Extending the Timeline to September 30, 2025, and Authorize the City Manager or the Mayor, as Applicable Under the City Charter, to Execute all Funding Documents After Legal Review.
Recommended Action
Approve the corrected First Amendment to the Subrecipient Agreement Between Sarasota County, Florida, and the City of North Port, Florida, for Greenwood Avenue Sidewalk Construction, extending the timeline to September 30, 2025, and authorize the City Manager or the Mayor, as applicable under the City Charter, to execute all funding documents after legal review.
Background Information
In the fall of 2023, the City of North Port was awarded a Subrecipient Agreement with Sarasota County for the receipt and use of Community Development Block Grant (CDBG) funds for the Greenwood Avenue Sidewalk Construction Project (CIP R23GSW). The grant is contracted to reimburse the City up to $305,000 for construction costs. The initial Contract was approved by the City Commission on January 10, 2023.
The City of North Port currently has two partially executed Amendments with Sarasota County regarding this Agreement.
Due to several factors, including the impact of Hurricane Ian on the construction area, the City requested and was granted an initial timeline extension until May 1, 2024. This extension was documented in the First Amendment, which was approved by the City Commission on July 25, 2023. However, Sarasota County later identified contractual irregularities in their CDBG projects, necessitating new Contracts. As a result, the First Amendment was only partially executed - approved by the City, but not yet by Sarasota County.
Subsequently, Sarasota County issued a revised First Amendment. The revised First Amendment addressed contractual irregularities and a time extension until September 30, 2025. The City Attorney’s Office, unaware that the original First Amendment had not been fully executed by Sarasota County, considered this revised version a Second Amendment and sent it to the Commission for approval. The City Commission approved what was believed to be the Second Amendment on May 28, 2024.
When the City of North Port attempted to have this Second Amendment fully executed by Sarasota County, it was clarified that, since the original First Amendment had never been fully executed, the document approved by the City Commission on May 28, 2024, was still technically the First Amendment. Therefore, the document needed further revisions and reissuance.
The corrected First Amendment addresses the previously identified contractual irregularities and scrivener errors. It also retains the extension of the project timeline to September 30, 2025.
This corrected First Amendment has been partially executed by the Sarasota County Commission.
The corrected First Amendment to the Subrecipient Agreement Between Sarasota County, Florida, and the City of North Port, Florida, for Greenwood Avenue Sidewalk Construction has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Infrastructure
Financial Impact
Not applicable.
Procurement
Procurement Code, policies and procedures will be followed when the purchase is made.
Attachments:
1. Partially Executed Corrected First Amendment Greenwood Avenue Subrecipient Agreement
2. Partially Executed Second Amendment Greenwood Avenue Subrecipient Agreement
3. Partially Executed First Amendment Greenwood Avenue Subrecipient Agreement
4. Fully Executed Original Greenwood Avenue Subrecipient Agreement
Prepared by: Michael J. Davey, PhD, Grants Coordinator
Department Director: A. Jerome Fletcher, II, ICMA-CM, MPA, City Manager