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HomeMy Public PortalAbout09-7899 DEP Agreement . LP6768 Sponsored by: City Manager RESOLUTION NO. 0 9-7899 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AMENDMENT NO. 2 TO DEP AGREEMENT NO. LP6768 BETWEEN THE CITY OF OPA-LOCKA AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W. 143rd STREET STORMWATER DRAINAGE/ROADWAY PROJECT. WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously adopted Resolution 07-7039 accepting an award of reimbursable grant funds from the State of Florida Department of Environmental Protection("DEP")and authorizing the City Manager to enter into and execute DEP Agreement No.LP6768,a State Financial Assistance Agreement between the City of Opa-locka("City") and DEP; and WHEREAS, DEP Agreement No. LP6768 provides for funding of the N.W. 143rd Street Stormwater Drainage/Roadway Improvement Project in an amount not exceeding One Hundred and Ninety Two Thousand Five Hundred Dollars ($192,500.00); and WHEREAS, on September 10, 2008, the City Commission adopted Resolution 08-7346, authorizing the City Manager to enter into and execute Amendment No. 1 to DEP Agreement No. LP6768, extending the term of the grant agreement until August 31, 2009; and WHEREAS,the City and DEP now desire to increase the project funding by One Hundred Thousand Dollars($100,000.00)and to further extend the term of the grant agreement until August 31, 2011 by entering into Amendment No. 2 to DEP Agreement No. LP6768; and Resolution No. 0 9—7 8 9 9 WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve the authorization and execution of the Amendment No. 2 to DEP Agreement No. LP6768. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to enter into and execute Amendment No. 2 to DEP Agreement No. LP6768, increasing the project funding by One Hundred Thousand Dollars ($100,000.00) and further extending the agreement between the City and the State of Florida Department of Environmental Protection until August 31, 20011, attached hereto as Exhibit "A", together with such non-material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. PASSED AND ADOPTED this 22 day of jinx , 2009. in d1 OSEPH L. t LL MAYO Attest: Approved -• to for i and legal sufficiency: i1■ L __ ebora S. •y B 4rnad- e Norris-Weeks City Clerk ( it -ttorney Resolution No. 09-7899 Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES RESOLUTION-FDEP LP6768 GRANT AWARD EXTENSION 2 /OQ P-LOCkQ� 04 F G'. V7 :, I• D IL: /4 A o w nt Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner 'imothy Holmes Commissioner Dorothy Johnson Commissioner Rose Tydus FROM: Bryan K. e,Interim City Manager DATE: July ,,2009 RE: !f5' I A DEPARTMENT OF ENVIRONMENTAL PROTECTION /EP): 143RD STREET STORMWATER DRAINAGE /ROADWAY PROJECT,AMENDMENT#2 Request: APPROVAL OF RESOLUTION OF THE CITY COMMISSION OF CITY OF OPA-LOCKA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AMENDMENT #2 TO DEP AGREEMENT NO. LP6768 BETWEEN THE CITY OF OPA-LOCKA AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ACCEPTING ONE HUNDRED THOUSAND DOLLARS ($100,000) FOR THE N.W. 143RD STREET STORMWATER DRAINAGE/ROADWAY PROJECT. Description: This resolution authorizes the City Manager to accepts an additional funding in the amount of$100,000 for drainage improvement work planned for NW 143 rd Street. In 2007, DEP awarded the City a grant of $192,500 towards the improvements with the City's responsibility of a minimum match of$195,000.00 for the project. DEP Amendment#2 provides additional funds of$100,000, thus increasing the grant award to $292,500. In addition amendment #2 extends the agreement terms from August 31, 2009 to August 31, 2011 thereby enabling the City to seek additional funding and review its capital budget in order to complete the project. Financial Impact: Expenses associated with this project are reimbursable up to$292,500. Implementation Time Line: Immediately upon signature of amendment#2. 1 Legislative History: Resolution Number 07-7039 and 08-7346 Recommendation(s): Staff Recommends Approval Analysis: The design phase of the roadway project is completed and the City needs to execute an extension to agreement for amendment #2 in order to continue with the next phase of this project. Attachments: 1). DEP memo dated,07/01/09 2).DEP Agreement No. LP6768, Amendment 3). Resolution#07-7039 4). Resolution#08-7346 Prepared by: Fernand Thony,Department of Public Works&Utilities End of Memorandum 2 .okonCTiON Florida Department of Charlie Crist , ,,, 1'Tx Governor .� - " `�, Environmental Protection Jeff;`ottkan,n it_ } !t Governor ° ,- ` t _, Bob Martinez Center F O !; . Wit;: o,x•f 2600 Blair Stone Road Michael vb'. Sole Tallahassee, Florida 32399-2400 Secretary C CO■ July 1,2009 r--- r.- o Mr. Fernand Thony Public Works Operations Manager 7: , •• City of Opa-Locka -- 12950 NW 42nd Avenue Opa-Locka,Florida 33054 Re: LP6768-City of Opa-Locka Opa Locka 143rd Street Stormwater Drainage and Street Improvements Dear Mr. Thony: Enclosed are two original copies of the proposed Legislative Project grant Amendment 2 for the City's stormwater improvement project. The amendment provides additional funding and extends the date of completion for the project. Please have the City Manager sign on page 3 of the enclosed two copies. Return both copies to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Deputy Division Director to sign the document and mail a fully executed original to the City. If you have any questions about the amendment,please call Maura Callahan at 850/245-8358. Sincerely, 4r 1 Robert E. Holmden,P.E.,Chief Bureau of Water Facilities Funding RH/mc Enclosures cc: Bryan Finnie-City of Opa-Locka Carol Conol-City of Opa-Locka Fritz Armand- City of Opa-Locka More Protection, Less Process" www.dep.state.17.us • STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6768 CITY OF OPA-LOCKA AMENDMENT NO. 2 THIS AGREEMENT as entered into on the 12th day of April, 2007, and amended on the 24th day of July, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF OPA-LOCKA (hereinafter referred to as the"Grantee" or"Recipient") is hereby amended. WHEREAS, additional funding in the amount of $100,000 is available to continue Opa Locka 143rd Street Stormwater Drainage and Street Improvements in the CITY OF OPA- LOCKA; and, WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the project as planned; and, WHEREAS, it has been determined that an extension of time to complete the project would be in the best interest of the State; and, WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2006- 2007 funds supporting this Amendment beyond June 30th of each year is subject to the approval of the Governor's Office;and, WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding period; and, WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by the remaining unpaid State Fiscal Year 2006-2007 funds; and. WHEREAS, additional changes to the Agreement are necessary. NOW,THEREFORE,the parties hereto agree as follows: 1. The title of the Agreement is hereby revised to read as follows: STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6768 CITY OF OPA-LOCKA AMENDMENT NO. 2 PURSUANT TO LINE ITEM 1821 OF THE 2006-2007 GENERAL APPROPRIATIONS ACT, AND LINE ITEM 1772C OF THE 2008-2009 GENERAL APPROPRIATIONS ACT DEP Agreement No. LP6768,Amendment No. 2,Page 1 of 3 2. Section 2. is hereby revised to change the completion date of the Agreement from August 31, 2009, to August 31, 2011, and to include the following language as a separate paragraph. The Grantee understands and agrees that certification forward of the State Fiscal Year 2006-2007 funds supporting this Agreement beyond June 30th of each year is subject to the approval of the Governor's Office. 3. Section 3.A.is hereby deleted in its entirety and replaced with the following; As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $292,500 toward the total project cost estimate. The funding consists of $192,500 provided in the original Agreement and $100,000 in Amendment 1. The parties hereto agree that the Grantee is responsible for providing a minimum match of$292,500 toward the project described in Attachment A. Written approval from the Department's Grant Manager shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. 4. Attachment A-2, Revised Project Work Plan, attached hereto is hereby added to the Agreement. All references in the Agreement to Attachment A shall hereinafter include Attachment A,Project Work Plan,Attachment A-1,Revised Project Work Plan and Attachment A-2,Revised Project Work Plan. 5. Attachment D, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment D-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment D shall hereinafter refer to Attachment D-1, Revised Special Audit Requirements. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.LP6768,Amendment No. 2,Page 2 of 3 This Amendment 2 to Grant Assistance Agreement LP6768 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Depai Lment has caused this amendment to Grant Assistance Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. CITY OF OPA-LOCKA FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: City Manager Deputy Director Division of Water Resource Management Date: Date: Tommy Williams, DEP Grant Manager • *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Letter/Number Description (include number of pages) Attachment A-1 Revised Project Work Plan (2 pages) Attachment D-1 Revised Special Audit Requirements (5 pages,including Exhibit 1) DEP Agreement No. LP6768,Amendment No. 2, Page 3 of 3 City of Opa-locka Attest: Approved as to form and legal sufficiency: DEBORAH S. IRBY BURNADETTE NORRIS-WEEKS, P.A. CITY CLERK CITY ATTORNEY DATE DATE ATTACHMENT A PROJECT WORK PLAN I- GRANTEE/PROJECT INFORMATION Grantee City of Opa-Locka Project Title Cairo Lane Drainage& Street Drainage Improvements DEP Grant# LP6768 Ii- FUNDING PLAN 2007-2008 LP Grant 2007-2008 Total 2008-2009 Category of Expenditure Funds Provided Match Required Funding Professional Services 55,000 55,000 110,000 Construction&Demolition* 45,000 45,000 90,000 Land Equipment Other(Specify) Total 100,000 100,000 200,000 *Estimated project Construction Cost: $1,925,000 III- SCOPE OF WORK: (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) Cairo Lane Street Stormwater Drainage/Street Improvement involves the design, permitting and construction of a drainage system as well as the restoration of the existing roadway at this well traveled thoroughfare. The project consists in constructing a new drainage system to divert runoff from rain as well as the reconstruction of approximately .55 miles of roadway with sidewalks. This drainage system will utilize collection inlets and french drains to mitigate current flooding and reduce past damages to vehicles and businesses. Item Completion Date Task 1 - Selection of Design Consultant 2 Months Task 2 - Update and Complete Construction Documents (3 Months ) Task 3 - Receive Bids and Award Project of Winning Bid (2 Months) Task 4 - Construction Phase Six (6) Months Task 5 - Project Closeout/Dedication Two (2)Months ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal DEP Agreement No. LP6768,Attachment D,Page 1 of 5 resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at htip://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. DEP Agreement No. LP6768,Attachment D,Page 2 of 5 PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: DEP Agreement No. LP6768, Attachment D, Page 3 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6768,Attachment D,Page 4 of 5 o o O c a >-, A 0 9 cC y :� c :� o .A o 0 0 Q .4 :ti CZ z,, bn a a, r v N u - w H G nr, a, �, a y ° e''d ° cd C4 ° cal 0 0 I U r;., >, aU aU u.0 Tr Q 4 4 - al ..+ U .. d0 LO 0 ' 0 '<'C' ^ aa E 0 .. 5 U s O v 8 Q o Q p a ) a) y, N .-" 0 0 .0 CO to CT ti)0 Q. 0 IA a 0 0 Q ›, 0 1 -O .y b O N I.+ 4 .a L. a N a 0 -" o 0 a) w = w d O a) .- wo V. U O 7� y F O I] O w b.0 4 "0 sii O 0 ,..., 0 0 0 ca Q W °o an o o o ° w .. i n. „ = c) r:4 H 8 i 'b a) y , .b ^ 4. tst o a) b.Q a) bn Q; O U 0•° 7:5-' 0 V, H F 3 U `" " y nl .7d, Q o Q o 5 cn 3 ci 3 0 0 4. H H O 5.+ r - z y %...1 w a) a) �cl� • 0 cn n cri ca ,b W U c CO 1-, o w o 0 c U U ,,n '7 CO M CT c,«; U H a) 6 Cr) 5, O Cl) aU k Q z M c� ) Sr O H L a) p a) cu an a) o Q bD bd s, c3 O H y Q 0 N■H .1... Q � { V ›., O O 5 U .5 Q .0 Q 72 Q w � N N U act 6 w 0 w d ‘,C) 00 -p, Uz O y 0 cc ° ° „_, C/D ca o 0 a o -C o G C L=. cv ul N Nw crl o C CI a) a H�--� O ❑ a a n o ca a o z P. w -. o WC ., a) Q pQ y y "� si c v hc hc a.) ��. O 0 a a. .-'tC" a) U 1.) te .0. 0 1' , r3 t1 y Of) O bA c6) 0 -■-• _, >-, C/) ■ FF. U W c ° ^ c W � a I a)a C7 U FH — a) y °y �, ,-Z,A O L7 fl� O b w O 1 a) a b .a N v ^p O W 'O k ,-, Na) '..a, u a a .6.) N 4:113 N b4 �Q 3 . o A w , r, Q Q 3 :1 H ro Ili a O C Q Q a0 cry �, a) c awa a d a, a s e waZ e a ' a) aZ O a..) — a v v ¢ w w =. ¢ co r,w • Ca Sponsored by: City Manager RESOLUTION NO. 0 8-7 3 4 6 A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF .OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECL AMENDMENT NO. 1 TO DEP AGREEMENT NO. LP6768 BETWEEN THE CITY OF OPA-LOCKA AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W. 143rd STREET STORMWATER DRAINAGE/ROADWAY PROJECT. WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously adopted Resolution 07-7039 accepting an award of reimbursable grant funds from the State of Florida Department of Environmental Protection("DEP") and authorizing the City Manager to enter into and execute DEP Agreement No.LP6768, a State Financial Assistance Agreement between the City of Opa-locka("City") and DEP; and . WHEREAS, DEP Agreement No. LP6768 provides for funding of the N.W. 143rd Street Stormwater Drainage/Roadway Improvement Project in an amount not exceeding One Hundred and Ninety Two Thousand Five Hundred Dollars ($192,500.00); and WHEREAS, the City has completed the design phase of this project, submitted a reimbursement package to DEP pursuant to Agreement No. LP6768 and is now ready to move forward with the next phase of this project; and WHEREAS,the City and DEP desire to extend the term of the grant agreement until August 31, 2009 by entering into Amendment No. 1 to DEP Agreement No. LP6768; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve the authorization and execution of the Amendment No. 1 to DEP Agreement No. LP6768. Resolution No. 0 8—7 3 4 6 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to enter into and execute Amendment No. 1 to DEP Agreement No.LP6768,extending the agreement between the City and the State of Florida Department of Environmental Protection until August 31, 2009,attached hereto as Exhibit"A",together with such non-material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. PASSED AND ADOPTED this 1 0 day of September , 2008. EPH L. LLEY MAYO Attest: Approved as to form and legal fficiency: /- oaar Debor.M1171111111111.-- . . Bu .•- to Norris- eeks City Clerk City Attorney Moved by: JOHNSON Seconded by: MILLER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YR S RESOLUTION-FDEP LP6768 GRANT AWARD EXTENSION Sponsored by: City Manager Resolution No. n 7-7 0" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA ACCEPTING A REIMBURSABLE GRANT AWARD N AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY TWO THOUSAND FIVE HUNDRED DOLLARS ($192,500.00) FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION("DEP"), FOR THE OPA-LOCKA NW ONE HUNDRED FORTY-THIRD STORMWATER DRAINAGE/ROADWAY IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A STATE FINANCIAL ASSISTANCE AGREEMENT, DEP AGREEMENT NO. LP6768, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WHEREAS, the City of Opa-locka applied for a DEP grant award for the Northwest one hundred forty third Stormwater Drainage/Roadway Improvements; and WHEREAS, DEP has granted an award for the assistance with said project on a cost reimbursement basis in an amount not to exceed one hundred ninety two thousand five hundred dollars ($192,500.00). NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission hereby accepts a reimbursable grant award in the amount of one hundred ninety two thousand five hundred dollars ($192,500.00) from DEP for the Northwest one hundred forty third Street Stormwater Drainage/Roadway Improvements. Section 3. The City Manager is hereby authorized to enter into and execute a State Financial Assistance Agreement, DEP Agreement No. LP6768, in a form acceptable to the City Attorney. Resolution No. 0 7—7 039 PASSED AND ADOPTED this 28 day of FEBRUARY , 2007. (--); MA 0 Atte o: Approved as to :-14. and legal sufficiency: CI •`4A-CLE• CI Y TO• Y fe/a 7 DA Moved by: VICE MAYOR JOHNSON Second by: COMMISSIONER TYDUS Commission Vote: 3-0 Commissioner Tydus: YES Commissioner Holmes: NOT PRESENT Vice-Mayor Johnson: YES Mayor Kelley: YES Resolution/DEP Grant for 0-L Rutland Storrnwater Drainage/Roadway Improvements-5192-02-07-revised 2