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
This 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 (“First Amendment”) is entered into as of , 202 3, by and between the CITY OF ORANGE, a municipal corporati on (“ 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 o f Orange and the City of Orange Public Works Department (Agreement No. 7407), dated July 1, 2022 (the “MOU”); and
B. CITY and DEPARTMENT desire to amend the MOU to re flect an increased budget.
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 First Amendment are deemed and construed to refer to the MOU as amended by this First Amendment, and (b) all references in this First 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 First Amendment.
Section 3. Revised Compensation . Section 2 of the MOU, “Compensation ,” is hereby amended to reflect an increase in the compensation for the service to be rendered pursuant to the MOU in the amount of NINETY-SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS and 66/100 ($97,980.66). Section 2 of the MOU is hereby amended to reflect a total amount of CDBG funds to be disbursed to DEPARTMENT not to exceed SEVEN HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED TEN DOLLARS and 66/100 ($727,510.66) without prior authorization from CITY.
Section 4. Revised Scope of Services . Section 1 of the MOU, “ Description of Project,” Attachment A of the Original Agreement, is hereby modified and supplemented to reflect the project description and scope as described in Attachment A attached hereto and inco rporated herein by this reference.
Section 5. Integration. This First 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 p rovisions of this First Amendment and the terms and provisions of the MOU, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS WHEREOF, the parties enter into this First Amendment on the year and day first above written.
“CITY”
CITY OF ORANGE, a municipal corporation
By:
Thomas C. Kisela
Interim City Manager
APPROVED AS TO FORM:
Mary Binning, 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
By:
Christopher Cash
Director