HomeMy WebLinkAboutAGR-7407.2 - PUBLIC WORKS DEPARTMENT - SECOND AMENDMENT TO CDBG MOU STREET REHABILITATION PROJECT FY 2022-2023 - ADDL SIX MONTHS TIME EXTENSIONDocuSign Envelope ID: 1379A03C-B554-405A-B1D8-238BCFE22A8C
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SECOND AMENDMENT TO
FY 2022-2023
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND
THE CITY OF ORANGE PUBLIC WORKS DEPARTMENT
This SECOND AMENDMENT TO FY 2022-2023 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF ORANGE AND THE CITY OF ORANGE PUBLIC WORKS DEPARTMENT
Second Amendment") is entered into as of February 8 2024, by and between the
CITY OF ORANGE, a municipal corporation ("CITY") and the CITY's PUBLIC WORKS
DEPARTMENT ("DEPARTMENT")with reference to the following:
A. CITY and DEPARTMENT entered into a FY 2022-2023 Community Development
Block Grant Program Memorandum of Understanding Between the City of Orange and the City
of Orange Public Works Department (Agreement No. 7407), dated July 1, 2022 (the "MOU"),
which is incorporated herein by this reference (the"Original Agreement"); and
B. City and DEPARTMENT amended the Original Agreement to increase
compensation by a First Amendment to FY 2022-2023_Community Development Block Grant
Program Memorandum of Understanding Between the City of Orange and the City of Orange
Public Works Department (Agreement No. 7407.1), dated February 14, 2023, which is
incorporated herein by this reference (the "First Amendment"); and
C. CITY and DEPARTMENT desire to further amend the MOU to reflect extension
of time of performance.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms.Except as otherwise defined herein, all quoted or
capitalized terms used herein shall have the meanings set forth for such terms in the MOU.
Section 2. Cross-References. CITY and DEPARTMENT hereby agree that (a) all
references in the MOU or this Second Amendment are deemed and construed to refer to the MOU
as amended by this Second Amendment, and (b) all references in this Second Amendment to any
section or provision in the MOU are deemed and construed to refer to such section or provision of
the MOU, as amended by this Second Amendment.
Section 3. Revised Time of Performance. Section 4A. of the MOU, "Time of
Performance and Modification"is hereby amended to reflect an extension of time of performance
for the service to be extended pursuant to the MOU for an additional six months. Section 4A of
the MOU is hereby amended to reflect an extension of time for the DEPARTMENT to expend
DocuSign Envelope IL): 1379AU3U-13554-405A-B1D8-238BCFE22A8C
funds within a time period not to exceed twenty-four (24) months following the effective date of
the Memorandum without prior authorization from the City.
Section 4. Integration. This Second Amendment amends, as set forth herein, the
MOU and, except as specifically amended hereby,the MOU shall remain in full force and effect.
To the extent that there is any conflict or inconsistency between the terms and provisions of this
Second Amendment and the terms and provisions of the MOU, the terms and provisions of this
Second Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS WHEREOF,the parties enter into this Second Amendment on the year
and day first above written.
CITY"
CITY OF ORANGE, a municipal corporation
DocuSigned by:
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By: RFAAFSaa1nn1414R
Thomas C. Kisela
City Manager
APPROVED AS TO FORM:
DocuSigned by:
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Mike Vigliotta, City Attorney
The terms and conditions of the foregoing Memorandum are understood and accepted:
DEPARTMENT"
PUBLIC WORKS DEPARTMENT, a department
of the City of Orange
DocuSigned by:
Lrlar Cash,
By• CD31B8735593402
Christopher Cash
Director
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