HomeMy Public PortalAbout18-9456 Amendment 1 the WW130301 Loan Agreement for Major Sewer Rehabilitation Sponsored by: City Manager
RESOLUTION NO. 18-9456
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT 1 TO THE
WW130301 LOAN AGREEMENT WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
RELATING TO THE STATE REVOLVING FUND (SRF) LOAN
PROGRAM FOR MAJOR SEWER REHABILITATION AND
STORMWATER MANAGEMENT; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Amendment 1 to the City of Opa-locka's ("City") State Revolving
Fund Loan Agreement WW130301 reduces the loan amount by $10,364,702.00 for the
project based on final bid amounts; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
accept the new terms of the loan agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby authorizes the City Manager to execute Amendment 1
to the WW130301 Loan Agreement with the Florida Department of Environmental
Protection, relating to the State Revolving Fund (SRF) loan program for Major Sewer
Rehabilitation and Stormwater Management attached hereto as Exhibit A.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Resolution No. 18-9456
PASSED AND ADOPTED this 24th day of January, 2018.
A_
yra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
Jo, na Flores BROWN LAW GROUP, LLC
CI Clerk City Attorney
Moved by: COMMISSIONER RILEY
Seconded by: VICE MAYOR KELLEY
Commissioner Vote: 3-1
Commissioner Holmes: NOT PRESENT
Commissioner Riley: YES
Commissioner Pigatt: NO
Vice Mayor Kelley: YES
Mayor Taylor: YES
City of Opa-Locka
Agenda Cover Memo
Department Department
Director: Director Signature:
Budget Ernesto Reyes Budget
Administrator: Administrator/ACM .
Signature:
Finance Director: Bryan Hamilton FD Signature:
Department
Asst City Manager: William Green ACM Signature:
City Manager: Ed Brown CM Signature:
Commission 01.24.18 Item Type: ,
Meeting Date: g
(EnterXin box)
Fiscal Impact: Ordinance Reading:
(EnterXin box) (EnterXin box)
x Public Hearing:
box) x x
Funding Source: (Enter Fund& Advertising Requirement:
Account#: Dept) (EnterXin box)
Ex:
State Revolving Loan
Major Sewer
Rehabilitation
Contract/P.O. RFP/RFQ/Bid#:
Required: XJ
(EnterXin box)
Strategic Plan Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list
Related Enhance Organizational El the specific objective/strategy this item will
(EnterXin box) X Bus.&Economic Dev - address)
Public Safety 0'
Quality of Education El
Qual.of Life&City Image J
Communication 0
Sponsor Name City Manager Department: City Manager
A resolution authorizing the City Manager to propose an amendment to the WW130301 Loan Agreement
with the Florida Department of Environmental Protection relating to the State Revolving Loan.
It is in the best interest of the City to seek Commission authorization to amend the WW130301 Loan
Agreement with the Florida Department of Environmental Protection, Relating to the State Revolving Fund.
The amendment provides a reduction of$10,364,702 for this project based on final bid amounts.
ProPosed
Staff recommends the adoption of the Resolution to authorize the City Manager to execute an amendment to
the WW130301 Loan Agreement.
°ap'rti4 Florida Department of Governor
• Environmental Protection
Carlos Lopez-Cantera
Marjory Stoneman Douglas Building Lt. Governor
4. 3900 Commonwealth Boulevard
0 `o Tallahassee, Florida 32399-3000 Noah VSec etein
•ntal Q Io ry
December 19,2017
Ms. Yesly Guillen
CIP
City of Coordinator Opa-Locks
780 Fisherman Street,Fourth Floor
Opa-Locka,Florida 33054
Re: WW130301 —Opa-Locka
Major Sewer Rehabilitation
Dear Ms. Guillen:
Attached is a copy of proposed Amendment 1 to the City's State Revolving Fund loan
agreement. The amendment provides a reduction of$10,364,702 for this project based on final
bid amounts.
Please have the appropriate officials sign and seal two copies, and return them to us within
three weeks at 3900 Commonwealth Boulevard,MS 3505, Tallahassee,Florida, 32399-3000.
We will sign the documents and mail a fully executed original to you.
If you have any questions about this amendment,please call Sarah LaRose at(850)245-2968.
Sincerely,
•
Angela Knecht, Program Administrator
State Revolving Fund Management
AK/sl
Attachment
cc: Aria Austin—City of Opa-Locka
www.dep.state.t.us
STATE REVOLVING FUND
AMENDMENT 1 TO LOAN AGREEMENT WW130301
CITY OF OPA-LOCKA
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION(Department)and the CITY OF OPA-LOCKA,
FLORIDA, existing as a local government agency(Local Government)under the laws of the
State of Florida. Collectively,the Department and the Local Government shall be referred to as
"Parties"or individually as a"Party".
The Department and the Local Government entered into a State Revolving Fund Loan
Agreement,Number WW130301, authorizing a Loan amount of$16,895,885, excluding
Capitalized Interest; and
All contracts have been awarded for this Project and the Semiannual Loan Payment,the Loan
amount, and Project costs need revision based on final bid amounts as provided in Section 10.06.
The Parties hereto agree as follows:
1. Subsection 1.01(15)of the agreement is deleted and replaced as follows:
(15)"Project"shall mean the works financed by this Loan and shall consist of furnishing
all labor,materials,and equipment to design and construct the sewer rehabilitation and
stormwater management project in accordance with the planning documents accepted by the
Department for the "Cairo Lane and NW 127th Stormwater,Wastewater and Drinking Water
Project"contract.
2. The Loan amount authorized for disbursement is hereby reduced by $10,364,702.
The revised Loan amount is $6,531,183.
3. The estimated Loan Service Fee is reduced$207,294,and the adjusted total service
fee for this Loan is $130,624.
4. The estimated principal amount of the Loan is hereby revised to $6,531,183,which
consists of$6,531,183 authorized for disbursement to the Local Government and$0 of
Capitalized Interest at an interest rate of 0 percent per annum .
5. The Semiannual Loan Payment amount, is hereby revised and shall be in the amount
of$166,545. Such payment shall be received by the Department on July 15, 2018 and
semiannually thereafter on January 15 and July 15 until all amounts due hereunder have been
fully paid.
6. The Semiannual Loan Payment amount is based on the total amount owed of
$6,661,807,which consists of the Loan principal plus the estimated Loan Service Fee and its
capitalized interest, if any.
7. Section 2.03 is hereby deleted and replaced as follows:
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(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including State Match,Awarded to the Recipient Pursuant to this Agreement
Consist of the Following:
Federal State
Program Federal CFDA Funding Appropriation
Number Agency Number CFDA Title Amount Category
Capitalization Grants
CS-12000114-0 EPA 66.458 for State Revolving $6,531,183 140131
Funds
(2) Audits.
(a) In the event that the Local Government expends $750,000 or more in Federal awards
in its fiscal year,the Local Government must have a Federal single audit conducted in
accordance with the provisions of 2 CFR Part 200, Subpart F. In determining the Federal awards
expended in its fiscal year,the Local Government shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by 2 CFR Part
200, Subpart F. An audit of the Local Government conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200, Subpart F,will meet the requirements of this
part.
(b) In connection with the audit requirements addressed in the preceding paragraph(a),
the Local Government shall fulfill the requirements relative to auditee responsibilities as
provided in 2 CFR Part 200, Subpart F.
(c) If the Local Government expends less than$750,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F,is not
required. The Local Government shall inform the Department of findings and recommendations
pertaining to the State Revolving Fund in audits conducted by the Local Government. In the
event that the Local Government expends less than$750,000 in Federal awards in its fiscal year
and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F,the cost of the audit must be paid from non-Federal resources(i.e.,the cost of such an
audit must be paid from Local Government resources obtained from other than Federal entities).
(d) The Local Government may access information regarding the Catalog of Federal
Domestic Assistance(CFDA)via the internet at www.cfda.gov/index?cck=1&au=&ck=.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with 2 CFR Part
200, Subpart F, and required by Subsection 2.03(2)of this Agreement shall be submitted,when
required by 2 CFR Part 200, Subpart F,by or on behalf of the Local Government directly to each
of the following:
(i) The Department at one of the following address:
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By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-30000
or
Electronically:
FDEPSingleAudit@dep.state.fl.us
(ii) The Federal Audit Clearinghouse designated in 2 CFR&200.501(a) at the following
address:
https://harvester.census.gov/facweb/
(iii) Other Federal agencies and pass-through entities in accordance with 2 CFR
&200.512.
(b) Pursuant to 2 CFR Part 200, Subpart F,the Local Government shall submit a copy of
the reporting package described in 2 CFR Part 200, Subpart F, and any management letters
issued by the auditor,to the Department at the address listed under Subsection 2.03(3)(a)(i)of
this Agreement.
(c) Any reports, management letters, or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
Part 200, Subpart F,Florida Statutes, or Chapters 10.550 (local governmental entities)or 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General, as applicable.
(d) Local Governments,when submitting financial reporting packages to the
Department for audits done in accordance with 2 CFR Part 200, Subpart F, 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 Local
Government in correspondence accompanying the reporting package.
(4) Record Retention.
The Local Government shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five years from the date of the final amendment, and
shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to
such records upon request. The Local Government shall ensure that working papers are made
available to the Department, or its designee, Chief Financial Officer, or Auditor General upon
request for a period of five years from the date of the final amendment,unless extended in
writing by the Department.
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(5) Monitoring.
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F,
as revised(see audit requirements above),monitoring procedures may include,but not be limited
to, on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, Subpart
F., and/or other procedures. By entering into this Agreement,the Local Government agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department. In the event the Department determines that a limited scope audit of the Local
Government is appropriate,the Local Government agrees to comply with any additional
instructions provided by the Department to the Local Government regarding such audit. The
Local Government further agrees to comply and cooperate with any inspections,reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
8. Section 8.09 of the Agreement is deleted and replaced as follows:
8.09.AMERICAN IRON AND STEEL REQUIREMENT.
The Local Government's subcontracts must contain requirements that all of the iron and
steel products used in the Project are in compliance with the American Iron and Steel
Requirement as described in Section 608 of the Federal Water Pollution Control Act unless the
Local Government has obtained a waiver pertaining to the Project or the Department has advised
the Local Government that the requirement is not applicable to the Project.
9. The following four sections are added to the Agreement as follows:
8.11. SIGNAGE.
The Local Government agrees to comply with signage guidance in order to enhance
public awareness of EPA assistance agreements nationwide. A copy of this guidance is listed on
the Department's webpage at http://www.dep.state.fl.us/water/wff/index.htm as "Signage
Guidance for Capitalization Grant Projects".
8.12. PUBLIC RECORDS ACCESS.
(1) The Local Government shall comply with Florida Public Records law under Chapter
119,F.S. Records made or received in conjunction with this Agreement are public records under
Florida law, as defined in Section 119.011(12),F.S. The Local Government shall keep and
maintain public records required by the Department to perform the services under this
Agreement.
(2) This Agreement may be unilaterally canceled by the Department for refusal by the
Local Government to either provide to the Department upon request, or to allow inspection and
copying of all public records made or received by the Local Government in conjunction with this
Agreement and subject to disclosure under Chapter 119, F.S., and Section 24(a),Article I,
Florida Constitution.
(3) IF THE LOCAL GOVERNMENT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE LOCAL GOVERNMENT'S DUTY TO PROVIDE
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PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT (850)
245-2118, by email at public.servicesAdep.state.fl.us, or at the mailing
address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, MS 49
Tallahassee, FL 32399
8.13. SCRUTINIZED COMPANIES.
The Local Government certifies that it and any of its affiliates are not scrutinized
companies as identified in Section 287.135,F.S. In addition,the Local Government agrees to
observe the requirements of Section 287.135,F.S., for applicable sub-agreements entered into for
the performance of work under this Agreement. Pursuant to Section 287.135,F.S.,the
Department may immediately terminate this Agreement for cause if the Local Government, its
affiliates, or its subcontractors are found to have submitted a false certification; or if the Local
Government, its affiliates,or its subcontractors are placed on any applicable scrutinized
companies list or engaged in prohibited contracting activity during the term of the agreement.
As provided in Subsection 287.135(8),F.S., if federal law ceases to authorize these contracting
prohibitions then they shall become inoperative.
8.14. SUSPENSION.
The Department may suspend any or all of its obligations to Loan or provide financial
accommodation to the Local Government under this Agreement in the following events,as
determined by the Department:
(1) The Local Government abandons or discontinues the Project before its completion,
(2) The commencement,prosecution, or timely completion of the Project by the Local
Government is rendered improbable or the Department has reasonable grounds to be insecure in
Local Government's ability to perform,or
(3) The implementation of the Project is determined to be illegal,or one or more
officials of the Local Government in responsible charge of, or influence over,the Project is
charged with violating any criminal law in the implementation of the Project or the
administration of the proceeds from this Loan.
The Department shall notify the Local Government of any suspension by the Department
of its obligations under this Agreement,which suspension shall continue until such time as the
event or condition causing such suspension has ceased or been corrected, or the Department has
re-instated the Agreement.
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Local Government shall have no more than 30 days following notice of suspension
hereunder to remove or correct the condition causing suspension. Failure to do so shall constitute
a default under this Agreement.
Following suspension of disbursements under this Agreement, the Department may
require reasonable assurance of future performance from Local Government prior to re-instating
the Loan. Such reasonable assurance may include,but not be limited to, a payment mechanism
using two party checks, escrow or obtaining a Performance Bond for the work remaining.
Following suspension,upon failure to cure, correct or provide reasonable assurance of
future performance by Local Government,the Department may exercise any remedy available to
it by this Agreement or otherwise and shall have no obligation to fund any remaining Loan
balance under this Agreement.
10. Section 10.06 PROJECT RELATED COSTS is revised as follows:
The Local Government and the Department acknowledge that the actual Project costs
have not been determined as of the effective date of this agreement. Project cost adjustments
may be made as a result of Project changes agreed upon by the Department. Capitalized Interest
will be recalculated based on actual dates and amounts of Loan disbursements. If the Local
Government receives other governmental financial assistance for this Project,the costs funded
by such other governmental assistance will not be financed by this Loan. The Department shall
establish the final Project costs after its final inspection of the Project records. Changes in
Project costs may also occur as a result of the Local Government's Project audit or a Department
audit.
Funds disbursed in accordance with Section 4.08 of this Agreement shall be disbursed in
the order in which they have been obligated without respect to budgetary line item estimates. All
disbursements shall be made from the original Loan amount until that amount has been
disbursed; the Financing Rate established for the original Loan amount shall apply to such
disbursements for the purpose of determining the associated Capitalized Interest and repayment
amount. The Financing Rate established for any additional increment of Loan financing shall be
used to determine the Capitalized Interest and repayment amount associated with the funds
disbursed from that increment.
The estimated Project costs are revised as follows:
CATEGORY COST($)
Design Activities costs 1,369,000
Construction and Demolition 4,850,206
Contingencies 311,977
TOTAL(Loan Principal Amount) 6,531,183
11. All other terms and provisions of the Loan Agreement shall remain in effect.
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This Amendment 1 to Loan Agreement WW 130301 may be executed in two or more
counterparts, any 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 Loan
Agreement to be executed on its behalf by the Secretary or Designee and the Local Government
has caused this amendment to be executed on its behalf by its Authorized Representative and by
its affixed seal. The effective date of this amendment shall be as set forth below by the
Department.
for
CITY OF OPA-LOCKA
City Manager
Attest: Approved as to form and legal sufficiency:
City Clerk City Attorney
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Secretary or Designee Date
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