HomeMy Public PortalAbout11-8264 For NW 128th Street Stormwater Drainage/Roadway Project Sponsored by: City Manager
RESOLUTION NO. 11-8264
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. 6 OF THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT AGREEMENT NO. LP6071, BETWEEN THE
CITY OF OPA-LOCKA AND FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (DEP) FOR THE
N.W. 128TH 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. 07-7038, the City of Opa-locka entered
into an agreement with the Florida Department of Environmental Protection (DEP), DEP
Agreement LP6071, for the N.W. 128th Street Drainage Roadway Project; and
WHEREAS, the Design Phase has now been completed, and the City and DEP
desire to extend the date of completion for the project by one (1) year, 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. 6 of the Florida Department
of Environmental Protection Grant Agreement No. LP6071, between the City of Opa-
locka and Florida Department of Environmental Protection, in order to extend the
completion deadline by one (1) year.
Resolution No. 11-8264
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 of the City of Opa-locka, authorizes the City
Manager to enter into and execute Amendment No. 6 of the Florida Department of
Environmental Protection Grant Agreement No. LP6071, an agreement between the City
of Opa-locka and Florida Department of Environmental Protection for the N.W. 128th
Street Stormwater Drainage Roadway Project, to extend the completion deadline by one
(1) year, until August 31, 2012.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27`h day of July, 2011
69--CMY TAYLOR
MAYOR
Attest t•. Approved as to ■•rm a • legal I ffic.- ,y:
A a i .
eborah • Irby Jos;•h t•1 er
City Clerk C. Actor Jey
// 1
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
2
c p-LOQKQ.,,
Cfr
� p
lu
Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Joh i e
Commissioner Timoti ' olmes
Commissioner e Tydus
Commissioner Gail Miller
FROM: Bryan K. Finnie, Int• . !`' ity Manager
DATE: July 12, 2011
RE: N.W. 12:t' Stormwater Drainage/Roadway Project Grant
Request: A RES• 'IN OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AU ' O' ZING THE CITY MANAGER TO ENTER INTO AND EXECUTE
AMENDMENT NO. 6 TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT
AGREEMENT NO. LP6071 BETWEEN THE CITY OF OPA-LOCKA AND FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W. 128th 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 original agreement provides funding in the
amount of$206,458.00 for the N.W. 128th Street Stormwater Drainage/Roadway Improvement
Project. The City completed the design phase of the project and received $45,000.00 in
reimbursement from DEP. Amendment No. 6 will extend the date of completion for the project
to August 31, 2012.
Financial Impact: The grant will fund 50% of the total project cost. The remaining funds
balance is $161,458.00. The City is responsible for providing a match in the amount of
$161,458.00—Account# 44-541806.
Implementation Time Line: Immediately.
Legislative History: Resolution No. 07-7038;
Recommendation(s): Staff is recommending the approval.
Attachment(s): Original Agreement, Resolutions Nos. 07-7038, Amendment No. 6.
Prepared By: Charmaine Parchment
END OF MEMORANDUM
„��° Department of
Attc:� tri e Environmental
`” Twin Towers Office Building
Jeb Bush 2600 Blair Stone Road
Governor Tallahassee, Florida 32399-2400 Colleen M.Castille
Secretary
Julie 20,2006
Ms.•Jannie Beverly, City Manager
City of Opa-locka
777 Sharazad Boulevard
Opa-locka, Florida 33054
Re: LP6071/1-City of Opa-locka
Opa-locka NW 128th St. Drainage Improvements
Dear Ms. Beverly:
We are pleased to inform you that the Fiscal Year 2006-2007 General Appropriations Act provides
funding for your Stormwater project in the amount of$620,000. Matching funds of$620,000 are
required for this grant. We will prepare the grant amendment to award funds as soon as the Project Work
Plan Form(Attachment A) and the Agreement Information Form are received.
The forms are located on our Website at http://www.dep.state.fl.us/water/wff/index.htm under 2006-2007
Legislative Project Information. They provide necessary information for us to include in the amendment.
Please provide sufficient detail defining the project in the Section III, Scope of Work, on the Project
Work Plan. You may email or mail the forms to us at the either of the included addresses. 'After the
amendment is signed, changes to the scope of work, completion date or major changes to the planned
. expenditures will have to be approved by an amendment, so be as accurate as possible with cost estimates
and allow sufficient time for project completion.
Unless additional information is needed, the amendment and attachments will be mailed to you for your
signature. After signing the copies,return them for our signature and execution. We will then return an
executed copy. The executed amendment will encumber the funds,which are to be used within the
timeframe established by the agreement. Disbursement of funds will be provided on a cost
t•cii71bur;cliie it basis, f iio i ig.;uhmittal of contractor or v%iu•jr ii;:O CC3 Ica,the match rcquir n ent if
any and proof of payment.
We congratulate you on your receiving an appropriation and look forward to assisting you in your efforts
to provide positive stewardship of Florida's water resources. If you have any questions please contact
Tommy Williams at (850)245-8364 or via email at thomas.e.williams(aklep.statell.us
Sincerely, /.7
nsKe .
.,..,\..._,._ .c , .. , .........„
.......... , t, ,
1 2 1 bl T 1 ---'•
Don W. Berryhill,P.E., h f
Bureau of Water Facilities unding JUN 2 7 2 06
DWB/tw/d g / _cm
Primed on recycled paper.
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO.LP6071
CITY OF OPA-LOCKA
AMENDMENT NO.6
THIS AGREEMENT as entered into on the 8th day of May, 2006,and amended on the 12th
day of April,2007,the 24th day of July, 2008,the 21St day of August,2008,the 27th day of August,
2009, and the 16th day of August, 2010, 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
2005-2006 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 2005-2006
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
2005-2006 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. In all other respects, the Agreement of which this is an Amendment, and attachments
relative thereto,shall remain in full force and effect.
DEP Agreement No.LP6071,Amendment No. 6, Page 1 of 2
This Amendment 6 to State Financial Assistance Agreement LP6071 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.LP607I,Amendment No.6,Page 2 of 2
Sponsored by: City Manager
Resolution No. 07-7038
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA ACCEPTING A REIMBURSABLE
GRANT AWARD IN AN AMOUNT NOT TO EXCEED SIX
HUNDRED TWENTY THOUSAND DOLLARS ($620,000.00)
FROM THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("DEP") FOR THE N.W.
128TH STREET STORMWATER DRAINAGE/ROADWAY
IMPROVEMENTS; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AND EXECUTE A STATE
FINANCIAL ASSISTANCE AGREEMENT, DEP AGREEMENT
NO. LP6071, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY
WHEREAS, the City of Opa-locka applied for a DEP grant award for the N.W. 128th Street
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 six hundred twenty thousand dollars($620,000.00).
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 six hundred twenty thousand dollars (($620,000.00) from DEP for the N.W. 128`''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. LP6071/1, in a form acceptable to the City
Attorney.
•
Resolution No. 07-7038
PASSED AND ADOPTED this 28 day of FEBRUARY 2007.
• (
MA OR
Attest to: Approved as to f9rm an, legal sufficiency:
• ✓
C� - ;,•� C YA O E,Y
„9/.,7
DAT
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 139°'Stormwater Drainage/Roadway Improvements-$6201C-02-07-revised
2
STATE FINANCIAL ASSISTANCE AGREEMENT
CITY OF OPA-LOCKA
DEP AGREEMENT NO.LP6071
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1717A OF THE 2005-2006 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"),
existing as a local government agency under the laws of the State of Florida, to provide funds for Opa-Locka NW
128th Street Stormwater Drainage/Roadway Improvements..
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 interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than July 31, 2008, inclusive.
This Agreement may be amended to provide for additional services if additional 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
$2Q6,4 &to -ard the total project cost estimate of$412,916. If the Grantee finds, after receipt of
coinpetitive 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.
Payment requests shall be submitted no more frequently than monthly. The Payment Request
Package includes:
(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
(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
DEP Agreement No.LP6071,Page 1 of 6
(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.dbfstate.fl.us/aadir/reference_guide.
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.
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
DEP Agreement No. LP6071,Page 2 of 6
f° 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 FSAA_CL2) that can be found under the "Links/Forms"
section appearing at the following website:
http://www.fsaa.state.aus/
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-A-greement.
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,Director/Dept. of Public Works& Utilities
City of Opa-Locka
12950 NW Le Jeune Road
Opa-Locka,Florida 33954
Phone: 305-953-2828
DEP Agreement No. LP6071,Page 3 of 6
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,
the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department,for the protection of his 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 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.
DEP Agreement No. LP6071,Page 4 of 6
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. LP6071,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 PROTECTION
By: %�_..��_ k - By: harki J
1 Manager Director
Date: 5/3l 0 CO Date: *AY 0 8 2006
� (,/ Grant ana
FEIDNo.: � 6 0039 /
*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(1 Page)
Attachment B Disbursement Request Package(3 Pages)
Attachment C Progress Report Form(2 Pages)
Attachment D Special Audit Requirements(5 Pages)
Attachment E Advance Payment—Interest Earned Memorandum(1 Page)
Attachment F Advance Payment Justification Form(3 Pages)
DEP Agreement No. LP6071,Page 6 of 6
•
ATTACHMENT A
PROJECT WORK PLAN
Please complete this form with as much detail as possible
I. GRANTEE/PROJECT INFORMATION:
Grantee: City of Opa Locka
Project Title: City of Opaa Locka NW 128 Street Stormwater Drainage/Roadway
Improvements
DEP Grant#: LP 6071
II. FUNDING PLAN:
FY05/06 PROJECT BUDGET
Category of Expenditure DEP Funds Total Matching Funds Total Funding
Professional Services
Construction&Demolition $206,458 $206,458 $412,916
Land
Equipment
Other(Specify)
What is the total estimated project cost?$412,916
III. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period,
method or manner of performance,requirements,quarterly cash needs,etc.)
To construct street drainage and roadway improvement, specifically an exfiltration system with catch basins, inlets and
manholes and solid and perforated pipes to reduce flooding and standing stormwater and reduce pollutant loadings. .
Estimated start date is December 2006, with estimated completion date of December 2007. Estimated cost of project is
$412,916. Fifty percent of award is required by September 1,2006,twenty:five percent by June I,2007 and a final payout on
completion of project.
IV.PROJECT MILESTONES:
(i.e.timelines,contracts,if funded in prior year(s)where is the project now)
If the scope of work includes construction:
Estimated Construction start date: December 2006 '(V)
Estimated scope of work completion date: December Tnn7 /ot� "8
If the scope is only for preconstruction work:
Estimated scope of work completion date: October 2006
V. LOCAL MATCH&OTHER GRANT FUNDS:
If local match is required,list the sources and amounts. Also list the sources and amounts for any other grant funds being
used to fund this project.
SOURCE AMOUNT($)
f ` let=To Florida Department of ' Charlie Crist
•-P t .- -- 1, \ v Governor
o � ` � � 4�� q Environmental Protection
,5 -� tigrA f t , ' Ieff'liottl<amp
4, ° , Lt. Governor
�x ' Bob Martinez Center
2600 Blair Stone Road Michael W. Sole
votsaftmotesatioeseesozzoluseastessm_ Tallahassee, Florida 32399-2400 Sea eta r}-
CERTIFIED MAIL '.J- ITT �i h F--j\,
RETURN RECEIPT REQUESTED
---- I
ISI_H APR 2 5 2n07
ti. 3 - 2007 I�
CITY OF OPA-LOCKA
Mr. Esin D. Abia PUBLIC WORI S K UTILITICS DEPARTMENT
Director,Department of Public Works &Utilities
City of Opa-Locka
12950 NW LeJeune Road
Opa-Locka, Florida 33054
Re: LP6071—City of Opa-Locka
NW 128th Street Stormwater Drainage Improvements
Dear Mr. Abia:
Enclosed is one original copy of Amendment 1 to your stormwater improvement project.
The amendment provides additional funding for the project. The amendment is now in
effect.
If we may be of further assistance,please contact Cory Burke Livingston at
850/245-8358.
Sincerel ,
Phil Coram,P.E.,Deputy Director
Division of Water Resource Management
PC/c1/1
Enclosure
cc: Jannie R. Beverly—City of Opa-Locka
Ezekiel Orji—City of Opa-Locka
'More Protection, Less Process•'
.ww dep.state fl.us
STATE FINANCIAL ASSISTANCE AGREEMENT '
AMENDMENT 1 TO GRANT ASSISTANCE AGREEMENT LP6071
CITY OF OPA-LOCKA -
PURSUANT TO LINE ITEM 1821 OF THE 2006-2007 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT as entered into May 8,2006 between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the CITY OF
OPA-LOCKA(hereinafter referred to as"Grantee"or"Recipient")is hereby amended. -
WHEREAS, paragraph 2 allows for the inclusion of additional services if additional funding is made
available;and,
WHEREAS,the Legislature provided additional funds for the project;and
WHEREAS, the Department desires to add funds for an additional service period to extend the Agreement
period to August 31,2008;and,
WHEREAS,other changes to the Agreement are necessary.
NOW THEREFORE,the parties hereto agree as follows:
1. Paragraph 2 is hereby revised to extend the completion date of the Agreement from July 31,2008 to
August 31, 2008.
2. Paragraph 3A is hereby revised to increase the maximum compensation amount of the Agreement from
$206,458 to$826,438(an increase of$620,000).The parties hereto agree that the Grantee is responsible for
providing an additional match of $620,000, for a total match amount of $826,458 toward the project
described in Attachment A-1.
3. Paragraph 9 is hereby revised to change the website listed to https://apps.fldfs.com/fsaa.
4. Attachment A-1,Revised Project Work Plan is attached hereto and made a part of the Agreement providing
for the additional funds appropriated. All references in the Agreement to Attachment,A shall hereinafter
refer to Attachment A and Attachment A-1,Project Work Plans.
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. LP6071,Amendment 1,Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below by the Director of the Department.
CITY OF OPA-LOCKA STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: � .
Y� By; .
Ci anger De�-)s Oweef0r °EP C 411b"I7
Division of Water lett source Management
Date: • /0 p Date: APR 1 2 2:QO7
Grant 114
Attest t• : Approved as to form and legal sufficiency:
QTY CL • CI AT u' EY
4/5,7
DATE
•
•
Attachments/Exhibits included as part of this Amendment
Specify Letter/
Type Number Description(including number of pages)
Attachment A-1 Revised Project Work Plan-(2 Pages)
Attachment D-1 Revised Special Audit Requirements(5 Pages)
DEP Agreement No.LP6071,Amendment 1,Page 2 of 2
•
ATTACHMENT A
PROJECT WORK PLAN
I-GRANTEE/PROJECT INFORMATION
Grantee City of Opa-Locka
Project Title N.W.128th Street Drainage Improvements
DEP Grant# LP 071/1
. II-FUNDING PLAN
2006-2007 LP Grant 2006-2007 Total 2006-2007
Category of Expenditure Funds Provided Match Required Funding
Professional Services
Construction&Demolition 620,000 620,000 1,240,000
Land
Equipment
Other(Specify)
Total 620,000 620,000 1,240,000
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. 128th Street Stormwater Drainage/Street Improvement will consist of the
design, permitting and construction of a drainage system at the aforementioned
location as well as the restoration of the roadway.
The project encompasses building a new drainage system to alleviate rain events as well
as the repair of nearly .31 miles of roadway. This drainage system by utilizing a
collection of inlets and french drains will mitigate current flooding and associated
pollution.
Item Completion Date
Task 1 - RFP and Selection of Design Consultant(2-3 Months)
Task 2 - Design and Complete Coordination Documents for Project(3 Months)
Task 3 - Receive Bids and Award Project to Winning Bid. (2 Months)
Task 4- Construction Phase (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 - June2008
Closeout/Dedication Date - August 2008
V—LOCAL MATCH &OTHER GRANT FUNDS
SOURCE AMOUNT(S)
2006-2007 LP Grant 620,000
2006-2007 Match 620,000
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 1,240,000
•
•
ATTACHMENT D-1
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 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.
DEP Agreement No.LP6071,Attachment D-1,Page 1 of 5
2. In connection with the 4,-it requirements addressed in Part II,paragraph .; 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/or the Governor's Office
of Policy and Budget website located at http://www.ebudget.state.fl.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.leg.state.fl.us/Welcome/index.cfm, Govemor's Website http://www.myflorida.com/,
Department of Financial Services' Website http://www.fldfs.com/ and the Auditor General's Website
http://www.state.fl.us/audgen/pages/flsaa.htm.
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
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
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:
DEP Agreement No.LP6071,Attachment D-1,Page 2 of 5
Audit,,irector
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
2600 Blair Stone Road
Tallahassee,Florida 32399-2400 •
•
3. Copies of fmancial 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:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
2600-Blair Stone Road
Tallahassee,Florida 32399-2400
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
2600 Blair Stone Road
Tallahassee,Florida 32399-2400
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.LP6071.Attachment D-1.Page 3 of 5
PART V:RECORD RETEN1L)N
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
•
T)F.P AarPrmpnt Nn T.Pt 1)71 Attachment Tl_1 PaoP d of 5
•
q q o <4;Qn
0 0 Q
0 a� 0 0.0 0 2 ay 65 2 g O U w
CO tA
'd
U
W
00 w U 0 as
ll• w
'; M ° b
al 0
d N _ O
V
d O 'b '4.0.4
V Lz+
0
ad
.5
w h Cl)a °f U
QU y g
O ° t d b v0 ❑ u
d •�i • c.j 0 0
b • ++
O bd 0 V 0 Ri Fi a 0 8
{.,.� N td y 15 td a) m U
f!"4� + 0 W 0 03 .0 .0 �v
q E" F" B a)
ca �,O U M al y vs 5 CD WI °H 0 .5 a g i Q
a
I U U ° oy 'Z w = . � , b y
w � 3w U •b
0 w , � 0.
1 1:434,r4 w o o /31) y
• U q q b0;? .8 cd .nCC en M U q
V iJ o C ° Y ❑� VJ F a` �' Y Ti d•
cli
T.,, Z fn t* •L q w d q .. q U w 3 3 ;;8 q
o
o y p o O d U DC DC o • � •E
] .0 d d
+' o 0 0 0 a)
q Q o U U -▪b E.) o o o In w N N VI o
o
q
In
V) cll
as
w a i O
el 73 A Z q p o o w o A U U aa) E a
El) d d d bri
bD � I w' o
et
a 6 C4 d v 023 0 �' m 4
w as �. a) . W a+ U .., b
-0 4 O 1 y w ,0 (7y •� d R F .A 0 • 10
H v no .. O wN obo o > 0 al
• d ▪1.4 as � '[ z
11 d' -,t o � 0
51 En fa
oZ
1111 v]
vn w 40 A
•
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO.LP6071
CITY OF OPA-LOCKA
AMENDMENT NO.2
THIS AGREEMENT as entered into on the 8th day of May, 2006, and amended 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 2005-2006 and 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 2005-2006 and State Fiscal Year 2006-2007 funds.
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.LP6071
CITY OF OPA-LOCKA
AMENDMENT NO.2
PURSUANT TO LINE ITEM 1717A OF THE 2005-2006 GENERAL APPROPRIATIONS ACT,AND
LINE ITEM 1821 OF THE 2006-2007 GENERAL APPROPRIATIONS ACT
2. 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 2005-2006 and 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. 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.
DEP Agreement No.LP6071,Amendment No.2,Page 1 of 3
4. 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.
5. Attachment A, Project Work Plan, is hereby amended to'include Attachment A-2, 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, Attachment A-1, Revised Project Work
Plan,and Attachment A-2,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.LP6071,Amendment No.2,Page 2 of 3
� s
This Amendment 2 to State Financial Assistance Agreement LP6071 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
ENVIRO NTAL PROTECTION
By: - By:
Y•
Ci Manager Deputy Director
Division of Water Resource Management
Date: (O 3∎ 8r Date: JUL 2 4 2008
Tommy Willi 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-2 Revised Project Work Plan(1 page)
DEP Agreement No.LP6071,Amendment No.2,Page 3 of 3
. ATTACHMENT A-2
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 128th Street Drainage Improvements
DEP Grant#: LP6071
II. FU NDING PLAN:-No Change in Funding Plan
LP 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
-r vitomoN lorida Department of Charlie Crist
Governor
' r Environmental Protection
.� ;` - t �
Jeff Kottkamp 441� '
Lt. Governor
o 2600 Bob Martinez Blair Stone Center d Roa Michael W. Sole
Tallahassee, Florida 32399 2400 Secretary
logamminoinioamomossampass■wor CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AUG 2 6 2008 00 •
C)
Mr. Lavelle Jenrette, Acting Director rri z._
Department of Public Works and Utilities 0 City of Opa-Locka 0�- =
777 Sharazad Boulevard Ill r s:
73 rn
Opa-Locka, Florida 33054 ca
Re: LP6071 —City of Opa-Locka
Opa-Locka NW 128th Street Drainage Improvements
Dear Mr. Jenrette:
Enclosed is one original of Amendment 3 for your stormwater improvement project. The
amendment revises the budget and is now in effect.
If we may be of further assistance,please contact Susan Taylor at 850/245-8374.
Sincerely,
//All r ,
Phil Coram, P.E., Deputy Director
Division of Water Resource Management
PC/st
Enclosure
cc: Jannie R. Beverly—City of Opa-Locka
Dr. Ezekiel Orji—City of Opa-Locka
More Protection, Less Process"
111114 dep state fl.us
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6071
CITY OF OPA-LOCKA
AMENDMENT NO.3
PURSUANT TO LINE ITEM 1717A OF THE 2005-2006 GENERAL APPROPRIATIONS ACT,AND
LINE ITEM 1821 OF THE 2006-2007 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT as entered into on the 8th day of May, 2006, and amended on the
12th day of April, 2007, and 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,due to a requested change in budget;and,
NOW,THEREFORE,the parties hereto agree as follows:
1. Attachment A, Project Work Plan, is hereby deleted in its entirety and replaced with Attachment A-3,
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-3,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. LP6071,Amendment No. 3, Page 1 of 2
This Amendment 3 to State Financial Assistance Agreement LP6071 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
B : �• B
Y Y: /'' /1-1.f (1"------------
City anager Deputy Director
Division of Water Resource Management
�
( //�� p
Date: (! O'�0 �O Date:
AUG 2 1 2008 •
9i 0� '
Tommy W. 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-3 Revised Project Work Plan(1 page)
DEP Agreement No. LP6071,Amendment No. 3, Page 2 of 2
ATTACHMENT A - 3
Rcvised� GRANT WORK PLAN
OPA-LOCKA LP 6071
I- GRANTEE/PROJECT INFORMATION
Grantee City of Opa-locka
Project Title N.W.128 Street Drainage Improvements
DEP Grant# LP6071
II- FUNDING PLAN
Total
Category of Expenditure DEP Funds Match Required Funding
Professional $99,500 $99,500 $199,000
Services(engineering,
surveying and inspections)
Demolition & Construction $726,958 $726,958 , $1,453,916
Land
Equipment
Other(specify)
Total $826,458 $826,458 $1,652,916
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. 128th Street Stormwater Drainage/Street Improvement will consist in the design,
permitting and construction of a drainage system at the aforementioned location as well as
the restoration of the roadway.
The project encompasses building a new drainage system to alleviate rain events as well as
the repair of nearly .31 mile of roadway. This drainage system, by utilizing a collection of
inlets and French drain, will mitigate current flooding and associated pollution.
Item Completion Date
Taskl - RFP and Selection of Design Consultant (2-3 months)
Task2 - Design and Complete Construction Documents for the Project(3 months)
Task3 - Receive Bids and Award Project to Wining Bid(2 months)
Task4 - Construction Phase (6 months)
Tasks - Project Closeout/Dedication (2 months)
IV- PROJECT MILESTONES:
Consultant on Board April 2007
Design Completed August 2007
Estimated Construction Start date November 2008
Estimated Construction Completion Date April 2009
V- LOCAL MATCH & OTHER GRANT FUNDS
SOURCE AMOUNTS
City of Opa-locka $826,458
Sponsored by: City Manager
RESOLUTION NO. 0 8-7 3 4 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTH RIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE
AMENDMENT NO. 2 AND AMENDMENT NO. 3 TO DEP
AGREEMENT NO. LP6071 BETWEEN THE CITY OF OPA-
LOCKA AND THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) FOR THE N.W.
128TH STREET STORMWATER DRAINAGE/ROADWAY
IMPROVEMENT PROJECT.
WHEREAS,the City Commission of the City of Opa-locks("City Commission")previously
adopted Resolution 07-7038 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.LP6071,a State Financial Assistance Agreement between the
City of Opa-locka ("City") and DEP; and
WHEREAS, DEP Agreement No. LP6071 provides for funding of the N.W. 128th Street
Stormwater Drainage/Roadway Improvement Project in an amount not exceeding Six Hundred and
Twenty Thousand Four Hundred and Fifty Eight Dollars ($620,458.00); and
WHEREAS, the City has completed the design phase of this project, submitted a
reimbursement package to DEP pursuant to Agreement No. LP6071 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 July 31,
2009 by entering into Amendment No. 2 to DEP Agreement No. LP6071; and
WHEREAS, the City and DEP desire to revise the budget for the project by entering into
Amendment No. 3 to DEP Agreement No.LP6071; and
Resolution No. 08-7343
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 Amendment No. 2 and
•
Amendment No. 3 to DEP Agreement NO. LP6071.
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.LP6071,extending the agreement
between the City and the State of Florida Department of Environmental Protection until July 31,
2009, and Amendment No. 3 to DEP Agreement No.LP6071,revising the budget for the NW 128th
Stormwater Drainage/Roadway Improvement Project, 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 10 day of September , 2008.
Or„lf
E' LLEY
MAYOR
Attest: Approved as to form and legal su iency:
•
Deborah S. Irby B •: e Norris-Weeks
City Clerk City Attorney
•
•
Resolution No. 0 8-7 3 4 3
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: YES
RESOLUTION-FDEP LP6071 GRANT AWARD EXTENSION
•
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6071
CITY OF OPA-LOCKA
AMENDMENT NO.5
THIS AGREEMENT as entered into on the 8th day of May, 2006,and amended on the 12th
day of April, 2007, the 24th day of July, 2008, the 21st day of August, 2008, and the 27th 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
2005-2006 and 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 2005-2006
and State Fiscal Year 2006-2007 funds;and,
WHEREAS, it is necessary to reinstate this Agreement and extend it in order to allow the
Grantee to complete the project;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, 2010, 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
2005-2006 and 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. Attachment A, Project Work Plan, is hereby amended to extend the date of completion
for the project to August 31,2011.
DEP Agreement No. LP6071,Amendment No. 5, Page 1 of 3
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. LP6071,Amendment No. 5, Page 2 of 3
This Amendment 5 to State Financial Assistance Agreement LP6071 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: g 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. LP6071,Amendment No. 5, Page 3 of 3