HomeMy Public PortalAbout11-8263 FDEP for the NW 143 Street Stormwater Drainage/Roadway Project Sponsored by: City Manager
RESOLUTION NO. 11-8263
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO ENTER INTO AND EXECUTE
AMENDMENT NO. 3 OF THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION GRANT AGREEMENT
NO. LP6768, BETWEEN THE CITY OF OPA-LOCKA AND
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) FOR THE N.W. 143rd STREET
STORMWATER DRAINAGE / ROADWAY PROJECT
EXTENDING THE COMPLETION DEADLINE FOR ONE (1)
YEAR; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 09-7899, Resolution No. 08-7346; and
Resolution No. 07-7039, the City of Opa-locka entered into an agreement with the Florida
Department of Environmental Protection (DEP), DEP Agreement No. LP6768, for the
N.W. 143rd`h Street Drainage Roadway Project; and
WHEREAS, the City and the DEP desire, by Amendment No. 3 to the contract, to
extend the date of completion for the project until August 31, 2012; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize
the City Manager to enter into and execute Amendment No. 3 of the Florida Department
of Environmental Protection Grant Agreement No. LP6768, between the City of Opa-
locka and Florida Department of Environmental Protection, in order to extend the
completion deadline by one (1) year.
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.
Resolution No. 11-8263
Section 2. The City Commission of the City of Opa-locka, authorizes the City
Manager to enter into and execute Amendment No. 3 of the Florida Department of
Environmental Protection Grant Agreement No. LP6768, an agreement between the City
of Opa-locka and Florida Department of Environmental Protection for the N.W. 143rd
Street Stormwater Drainage Roadway Project, in order to extend the completion deadline
by one (1) year, until August 31, 2012.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27th day of July, 2011
YRA YLOR
MAYOR
Attest to: Ape oved as t e form and -gal • f iency:
r
ill �.
De.orah S re)/ Jos- S. Cerer
City Cl; Ci Atto i ey
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER TYDUS
Commission Vote: 3-0
Commissioner Holmes: NOT PRESENT
Commissioner Miller: NOT PRESENT
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
OPP.LOCkO...
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Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner / ! Gail E. Miller
FROM: Bryan K. Finnie, I I I City Manager
DATE: July 11,2011 /
RE: FL Departm• :tt of Environmental Protection N.W. 143rd St. Stormwater
Drainage adway Project Grant
Request: A RESOLUT ON OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE
AMENDMENT NO. 3 TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT
AGREEMENT NO. LP6768 BETWEEN THE CITY OF OPA-LOCKA AND FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W. 143RD STREET STORMWATER
DRAINAGE/ROADWAY PROJECT.
Description: The City previously extended the term of the grant agreement from the Florida
Department of Environmental Protection (DEP). The agreement provides funding for the N.W.
143`d Street Stormwater Drainage/Roadway Improvement Project. Amendment No. 3 will extend
the date of completion for the project to August 31, 2012. The funding consists of$192,500.00
provided in the original agreement and $100,000.00 in amendment 1.
Financial Impact: The remaining funds balance is $292,500.00 which is 50% of the
estimated project cost of $585,000.00. The City is responsible for providing 50% match in the
amount of$292,500.00—Account#44-541805.
Implementation Time Line: Immediately.
Legislative History: Resolution No. 08-7346
Recommendation(s): Staff is recommending the approval. The City Commission previously
approved the request to seek contractors to provide construction services on the project.
Attachment(s): Original Agreement, Amendment Nos. 1, 2 & 3; Resolutions Nos. 09-7899, 08-
7346 & 07-7039
Prepared By: Charmaine Parchment
WIDIECTION
Florida Department of Rick Scott Governor
�
S a Environmental Protection Jennifer Carroll
LS Lt. Governor
s Bob Martinez Center
2600 Blair Stone Road Herschel T.Vinyard Jr.
Tallahassee, Florida 32399-2400 Secretary
June 29,2011
Mr. Fritz Amand
Public Works Director
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. Amand:
Enclosed are two original copies of the proposed Legislative Project grant Amendment 3 for the
City's stormwater improvement project. The amendment 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. Please note that a copy of the E-verify screen"Edit Company
Profile" needs to be returned within 30 days of signing the agreement,but would be preferred
along with the signed agreements.
If you have any questions about the amendment,please call Lekenyia Beal at 850/245-8359.
Sincerely, (
‘c,(29 /7'Robert E. Holmden, P.E.,Chief
Bureau of Water Facilities Funding
RH/lb
Enclosures
cc: Bryan Finnie-City of Opa-Locka
Ezekiel Orji-City of Opa-Locka
Charmaine Parchment-City of Opa-Locka
www.dep.state.d.us
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO.LP6768
CITY OF OPA-LOCKA
AMENDMENT NO.3
THIS AGREEMENT as entered into on the 12th day of April, 2007, and amended on the
24th day of July, 2008, and the 3rd day of August, 2009, 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, 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 and State Fiscal Year 2008-2009 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
and State Fiscal Year 2008-2009 funds;and.
WHEREAS,additional changes to the Agreement are necessary.
NOW,THEREFORE, the parties hereto agree as follows:
1. Section 2. is hereby revised to change the completion date of the Agreement from
August 31, 2011, to August 31, 2012, 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 and the State Fiscal Year 2008-2009 funds supporting this Agreement beyond June 30th
of each year is subject to the approval of the Governor's Office.
2. Attachment A, Project Work Plan, is hereby amended to extend the date of completion
for the project to August 31, 2012.
3. The Agreement,as amended, is modified to include the following:
DEP Agreement No. LP6768,Amendment No. 3, Page 1 of 3
The Grantee agrees that it will enroll and participate in the federal E-Verify Program for
Employment Verification under the terms provided in the "Memorandum of Understanding"
governing the program. The Grantee further agrees to provide to the Department, within thirty
(30) days of the effective date of this Agreement/amendment, documentation of such enrollment
in the form of a copy of the E-Verify "Edit Company Profile" screen", which contains proof of
enrollment in the E-Verify Program (this page can be accessed from the "Edit Company Profile"
link on the left navigation menu of the E-Verify employer's homepage).
The Grantee further agrees that it will require each subcontractor that performs work
under this Agreement to enroll and participate in the E-Verify Program within ninety days of the
effective date of this Agreement/amendment or within ninety (90) days of the effective date of
the contract between the Grantee and the subcontractor, whichever is later. The Grantee shall
obtain from the subcontractor(s) a copy of the "Edit Company Profile" screen indicating
enrollment in the E-Verify Program and make such record(s) available to the Department upon
request.
The Grantee further agrees to maintain records of its participation and compliance with
the provisions of the E-Verify program,including participation by its subcontractors as provided
above, and to make such records available to the Department or other authorized state entity
consistent with the terms of the Memorandum of Understanding.
Compliance with the terms of this Employment Eligibility Verification provision is made
an express condition of this Agreement and the Department may treat a failure to comply as a
material breach of the Agreement.
4. 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. 3, Page 2 of 3
This Amendment 3 to State Financial 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 Department has caused this amendment to the State
Financial 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.
DEP Agreement No. LP6768,Amendment No. 3, Page 3 of 3
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Initials
Date
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 Department 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 M. Deputy Director
Division of Water Resource
Management
,���$ fog AUG 0 3 2009
Date: Date:
W -
Tommy W. ,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 orm and legal sufficiency:
DEBORAH S. IRBY B RN .% N• 1' S-WEEKS,P.A.
CITY CLERK "' ATTO'
f /99
DATE DATE
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
http://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
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Sponsored by: City Manager
RESOLUTION NO. 09-7899
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. 09-7899
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 2009.
JOSEPH L.KELL Y
MAYOR
Attest: Approved to fo s. and legal sufficiency:
A/ I ■•••".
rr
eborah . . .y B, , . .- Norris-Weeks
City Clerk ( , - ttorney
•
•
•
Resolution No. 0 9-78 9 9
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
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO.LP6768
CITY OF OPA-LOCKA
AMENDMENT NO.1
THIS AGREEMENT as entered into on the 12th day of April, 2007, 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,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. Section 2. is hereby revised to change the completion date of the Agreement from August 31, 2008, to
August 31,2009,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.
2. Section 3. is amended to include the following paragraph.
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.
3. Section 5.is hereby deleted in its entirety and replaced with the following;
Progress Reports (Attachment C) shall be submitted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress
reports shall be submitted in conjunction with the Disbursement Request Package, described in paragraph 3.B. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 and on the
Advanced Payment — Interest Earned Memorandum, Attachment E) the amount of funds expended during the
reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the
method for repayment of the interest to the Department (see paragraph 15). It is understood and agreed by the
parties that the term "reporting period" reflects the period of time for which the invoices submitted in the
Disbursement Request Package are covered. The Department's Grant Manager shall have ten(10) calendar days to
review deliverables submitted by the Grantee.
DEP Agreement No.LP6768,Amendment No. 1,Page 1 of 3
4. Attachment A,Project Work Plan, is hereby amended to include Attachment A-1,Revised Project Work
Plan,attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project
Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, and Attachment A-1, Revised Project
Work Plan.
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. 1,Page 2 of 3
a -
This Amendment 1 to State Financial.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 Department has caused this amendment to the State Financial 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: \I � B
Y• By: -
Manager Deputy Director
Division of Water Resource Management
Date: 0
41 Date:
e JUL 2 4 2008
/ ..t/a
Tommy Wi s,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(I page)
DEP Agreement No.LP6768,Amendment No. 1,Page 3 of 3
ATTACHIVIENT A-1
REVISED PROJECT WORK PLAN
Please complete this form with as much detail as possible
I. GRANTEE/PROJECT INFORMATION:
Grantee: City of Opa-Locka
Project Title: Opa-Locka NW 143rd Street Drainage Improvements
DEP Grant#: LP6768
H. FUNDING PLAN:No Change in Funding Plan
2006-2007 LP 2006-2007 Total 2006-2007
Grant
Category of Expenditure Funds Provided Match Required Funding
Professional Services
Construction&
Demolition
Land
Equipment
Other(Specify)
Total
III. SCOPE OF WORK:
No Change in Scope
IV. PROJECT MILESTONES: Change to Ending Date.
(i.e.timelines,contracts,if funded in prior year(s)where is the project now)
If the scope of work includes construction:
Estimated Construction start date:
Estimated scope of work completion
date: August 31,2009
V. LOCAL MATCH& OTHER GRANT FUNDS: No Change in Match, etc
:-Noorf-4-A
•
Sponsored by: City Manager
RESOLUTION NO, 08-7346
A RES'I3LUTION OF THE CITY COMMISSION OF THE
CITY 3F '��PA-LOCKA, FLO 1 'DA, AUTH I RUING THE
CITY MANAGER TO ENTER INTO AND EXECU 2E
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. 143`d 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,FLO ''111 A:
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 maybe 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:
titAOP
Debor B morris- eeks
City Clerk City Attorney
Moved by: JOHNSON
Seconded by: MILLER
Commission Vote: 5—0
Commissioner Tydus: YES
Commissioner Holmes: YRS
Commissioner Miller: YES
Vice-Mayor Johnson: YES
Mayor Kelley: YR S
RESOLUTION-FDEP LP6768 GRANT AWARD EXTENSION
Sponsored by: City Manager
RESOLUTION NO. 08-7346
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECL y E
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 8-73 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:
Debor 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: YFS
RESOLUTION-FDEP LP6768 GRANT AWARD EXTENSION
City of Opa-locka
City Commission Agenda Item Request
DATE: August 14,2008
TO: Mayor and City Commission
FROM/PHONE: Lavelle Jenrette/(305)953-2828
DEPARTMENT: Public Works and Utilities
PREPARED BY: Fernand Thony,P.E.
TITLE OF AGENDA ITEM: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AN EXTENSION
AGREEMENT FOR A REIMBURSABLE GRANT AWARD IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED FIVE THOUSAND FIVE HUNDRED FOURTEEN DOLLARS ($ 192,500) FROM THE
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) FOR THE NW
143rd STREET STORMWATER DRAINAGE/ROADWAY IMPROVEMENTS, DEP AGREEMENT
LP6768,IN A FORM ACCEPTABLE TO THE CITY ATTORNEY
REPORT IN BRIEF:
The City of Opa-locka applied for and was awarded a DEP grant for NW 143rd Street
Stormwater Drainage/Roadway Improvement project. The design phase of this roadway
project has now been completed and the City needs to execute an extension to the
agreement(Amendment 1) in order to continue with the next phase of this project.
PREVIOUS ACTIONS: Resolution#07-7039
This original grant award was not increased but the design phase for this project was still
completed and the reimbursement applied for.
CONCURRENCES:
FISCAL IMPACT: No Fiscal Impact
Has request been budgeted?No
If yes,expected cost:
Account Name:
Account Number:
If no, amount needed: $
What account will funds be appropriated from:
RECOMMENDATION(S): City Commission Approval of extension
ATTACHMENT(S): See Amendment 1 from FDEP
STATE FINANCIAL ASSISTANCE AGREEMENT
CITY OF OPA-LOCKA
DEP AGREEMENT NO.LP6768
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1821 OF THE 2006-2007 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida
32399-2400(hereinafter referred to as the"Department")and the CITY OF OPA-LOCKA,whose address is
777 Sharazad Boulevard, Opa-Locka, Florida, 33054, (hereinafter referred to as "Grantee" or "Recipient"), a
local government under the laws of the State of Florida, to provide funds for the NW 143`d Street Drainage
Improvements project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement,Attachment A(Project Work Plan), and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and
"Agreement"and the terms"Grantee","Recipient"and"Contractor"are used interchangeab .
2. This Agreement shall begin upon execution by both parties and end no later sin August 31, 2008,
inclusive.This Agreement may be amended to provide for additional services if additr.*al funding is made
available by the Legislature.
3. A. 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
$192,500 toward the total project cost estimate of$385,000. The parties hereto agree that the
Grantee is responsible for providing a minimum match of$192,500 toward the project described in
Attachment A. If the Grantee fmds, 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.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
receipt and acceptance of a properly completed Disbursement Request Package (provided as
Attachment B). In addition to the disbursement form, the Grantee must provide from its
accounting system, a listing of expenditures charged against this Agreement. The listing shall
include, at a minimum, a description of the goods or services purchased, date of the transaction,
voucher number, amount paid, and vendor name. All requests for reimbursement of travel
expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes.
The Disbursement Request Package must include:
(1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or
services to identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or performing the work. If payment is based on an
authorized advance for incurred costs,invoices reflecting such costs must be included. After
receipt of advance funds the Grantee shall provide proof of payment to the Department
within 30 days receipt of advance funds. If payment is based on reimbursement, proof of
payment of the invoices is required;and
DEP Agreement No.LP6768,Page 1 of 6
• \ •
(2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the
Project; that the materials, labor, or services represented by the invoice have been
satisfactorily purchased, performed, or received and applied to the project; that all funds
received to date have been applied toward completing the Project; and that under the terms
and provisions of the contracts, the Local Government is required to make such payments;
and
(3) A certification by the engineer responsible for overseeing construction stating that
equipment, materials, labor and services represented by the construction invoices have been
satisfactorily invoiced,purchased, or received,and applied to the Project in accordance with
construction contract documents; stating that payment is in accordance with construction
contract provisions; stating that construction, up to the point of the requisition, is in
compliance with the contract documents; and identifying all additions or deletions to the
Project which have altered the Project's performance standards, scope, or purpose since the
issue of the Department construction permit;and
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Department.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost
allocation guidelines), as appropriate. This information when requested must be provided within
30 calendar days of such request. The Grantee may also be required to submit a cost allocation
plan to the Department in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof.
D. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3
above and Attachment E) the amount of funds expended during the reporting period, the Agreement
expenditures to date,interest earned during the quarter and clearly indicate the method for repayment of the
interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's
Grant Manager no later than twenty(20)days following the completion of the quarterly reporting period. It
is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar
quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager
shall have ten(10)calendar days to review deliverables submitted by the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28,Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination,the Department
shall provide thirty(30)calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s)for termination.
DEP Agreement No.LP6768,Page 2 of 6
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty(30)calendar days written notice.
8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement,unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(1),Florida Statutes.
9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit
Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D
summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to
the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee
fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants
Development and Review Manager at 850/245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance(federal and/or state)identified in Attachment D,Exhibit 1
when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether
the relationship represents that of a subrecipient or vendor. For state financial assistance, the
Grantee shall utilize the form entitled"Checklist for Nonstate Organizations Recipient/Subrecipient
vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
http://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible
for the fulfillment of all work elements included in any subcontract consented to by the Department
and agrees to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by the Grantee that the Department shall not be liable to any subcontractor
for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. The Department will be glad to furnish a list of minority owned businesses for
consideration in subcontracting opportunities.
11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement includes
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LP6768,Page 3 of 6
•
13. The Department's Grant Manager for this Agreement is identified below.
Tommy Williams
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road,MS 3505
Tallahassee,Florida 32399-2400
Phone: 850-245-8358
Fax: 850-245-8411
Email: thomas.e.williams @dep.state.fl.us
14. The Grantee's Grant Manager for this Agreement is identified below.
Esin D.Abia
City of Opa-Locka
12950 LeJeune Road
Opa-Locka,Florida 33054
Phone: 305-953-2828
Fax: 305-953-2824
Email: eabia @cityofopalocka.org
15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from
the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an
advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest
income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income
against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be
returned to the Department within the timeframe identified above or invoices must be received within the
same timeframe that shows the offset of the interest earned.
Unused funds,and interest accrued on any unused portion of advanced funds which has not been remitted to
the Department,shall be returned to the Department within sixty(60)days of Agreement completion.
The parties hereto acknowledge that the State's Chief Financial Officer may identify additional
requirements, which must be met in order for advance payment to be authorized. If the State's Chief
Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the
Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds,
the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of
the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the
funds.
If advance payment is authorized,the Grantee shall be responsible for submitting the information requested
in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form
(Attachment F)to the Department's Grant Manager quarterly. This information shall be requested by the
Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting
requirements established in paragraphs 3 and 5.
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance
coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees
engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes,
DEP Agreement No.LP6768,Page 4 of 6
the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department,for the protection of those employees not otherwise protected.
17. The Grantee,as an independent contractor and not an agent,representative, or employee of the Department,
agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no
liability except as specifically provided in this Agreement.
18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict
in any manner or degree with the performance of services required.
19. The purchase of non-expendable personal property or equipment costing $1,000 or more is not authorized
under the terms of this Agreement.
20. The Department may at any time,by written order designated to be a change order,make any change in the
Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within
current authorized agreement period, method or manner of performance, requirements, etc.). All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that
causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this
Agreement.
21. A. No person,on the grounds of race,creed,color,national origin, age,sex, or disability,shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to post the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services,Office of Supplier Diversity,at 850/487-0915.
22. Land acquisition is not authorized under the terms of this Agreement.
23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.LP6768,Page 5 of 6
•
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below_
CITY OF OPA-LOCKA STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PRO`l'ECTiON
,
City raper c c r v Ltt by t/t; Y 1311
II Division of WitteMesource Management
Date: /D 0 Date:_ APR 1 -?n`17 - -
9 - L 000 39q
Grim Mana_.
HID No.:_._
Attest to: Approved as to • -n and legal sufficiency:
6/ 414 AfAIN /11
C TY CLERK CITY A' ■ EY'
■ ry 0
DATE
*For Agreements with governmental boards/commissions: if someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/ Description(include number of pages)
Type Number
Attachment A Project Work Plan(2 Pages)
Attaclunent B Disbursement Request Package(3 Pap)
Attachment C Progress Report Form(2 Pages)
Attachment _ D Special Audit Requirements(5 Pages)
Attachment _ E Advance Payment—Interest Earned Memorandum(1 PuLl)
Attachment_ F Advance Payment Justification Form(3 Pages)
DIP Agreement No. LP6768,Page 6 of 6
.
•
ATTACHMENT A
PROJECT WORK PLAN
I- GRANTEE/PROJECT INFORMATION
Grantee City of Opa-Locka
Project Title N.W.143"Street Drainage Improvements
DEP Grant# LP 6768
II-FUNDING PLAN
2006-2007 LP Grant 2006-2007 Total 2006-2007
Category of Expenditure Funds Provided Match Required Funding
Professional Services
Construction&Demolition 192,500 192,500 385,000
Land
Equipment
Other(Specify)
Total 192,500 192,500 385,000
III- SCOPE OF WORK: (e.g., specifications, task timeline within current authorized
agreement period, method or manner of performance, requirements, quarterly cash needs,
etc.)
N.W. 143rd 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 restoration of approximately .30 miles of roadway. This drainage system will
utilize collection inlets and french drains to mitigate current flooding and reduce adverse
impact to vehicular traffic and residents.
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
IV-PROJECT MILESTONES:
Consultant on Board - April 2007
Design Completed - August 2007
Estimated Construction Start Date - November 2007
Estimated Construction Completion Date - June 2008
Closeout/Dedication Date - August 2008
V—LOCAL MATCH & OTHER GRANT FUNDS
SOURCE AMOUNT($)
2006-2007 LP Grant 192,500
2006-2007 Match 192,500
i.e.2005-2006 LP05xx Grant
i.e.CDBG Grant
i.e.SRF Loan WWxxxxx
i.e.Prior Year Local Match
i.e.Federal Funds—STAG Grant
Total Project Cost 385,000
Sponsored by: City Manager
Resolution No. f)7-70"c)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
ACCEPTING A REIMBURSABLE GRANT AWARD IN 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 0 3 9
PASSED AND ADOPTED this 28 day of FEBRUARY , 2007.
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Atte o: Approved as to :-si and legal sufficiency:
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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 O-L Rutland Stormwater Drainage/Roadway Improvements-$192-02-07-revised
2