Loading...
Item I2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16,2008 Division Engineering Bulk Item: Yes No X Department: Wastewater Staff Contact Person: Elizabeth Wood 292-4525 AGENDA ITEM WORDING: Approval of amendment 1 for Florida Department of Environmental Protection (FDEP) Wastewater Grant LP6803. ITEM BACKGROUND: The original grant agreement required amendment due to changes in project timeframe and grant manager. The amendment is effective as on June 22,2007, which is the effective date of the original grant. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the original grant agreement on March 21,2007. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: $0 BUDGETED: Yes NA No $0 SOURCE OF FUNDS: COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMBIPurchasing _ Risk Management _ DOCUMENTA TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6803 MONROE COUNTY AMENDMENT NO. I THlS AGREEMENT as entered into on the 22nd day of June, 2007, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and MONROE COUNTY (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, the Grantee has requested an extension ofthe 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 December 31, 2008, to January 31, 2010, 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 ] 0% 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. LP6803, Amendment No.1, Page 1 00 4. Section 14. is hereby deleted in its entirety and replaced with the following; The Grantee's Grant Manager for this Agreement is identified below. David S. Koppel, P.E. llOO Simonton Street, Suite 216 Key West, Florida 33040 Phone: 305-292-4427 Fax: 305-292-4321 Email: KODDel-dave@monroecountv-n.l!oV 5. Attachment A, Project Work Plan, is hereby amended to include Attachment A-I, 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-I, 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. LP6803, Amendment No.1, Page 2 of3 This Amendment ] to State financial Assistance Agreement LP6803 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. MONROE COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Mayor By: Deputy Director Division of Water Resource Management Date: Date: Tommy Williams, DEP Grant Manager MON!10!: COUNTY ATTORN Y OVED AS TO F: t-A A. H ON Date ~1i.J ~Tb~Yf *For Agreements with governmental boards/commissions: Ifsomeone 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 Attachment Letter/Number A-I Description (include number of pages) Revised Project Work Plan (I page) DEP Agreement No. LP6803, Amendment No.1, Page 3 of 3 ATTACHMENT A-I REVISED PROJECT WORK PLAN I. GRANTEE INFORMATION Grantee: Monroe Coun , Florida Pro'eet Title: Bi Co itt Re ional Wastewater Treatment S stem DEP Grant #: LP6803 II. FUNDING PLAN PROJECT BUDGET Category of DEP Funds Total Matching Total Funding Expenditure Funds Professional Services None $1,800,000 $1,800,000 Construction & $9,602,000 $17,700,000 $27,302.000 Demolition Land None $800,000 $800,000 Equipment $1,360,000 $2,500,000 $3,860,000 Total $10,962,000 $22,800,000 $33,762,000 III. SCOPE OF WORK: No Change in the Scope of Work IV. PROJECT MILESTONES: An estimated project timeJine for the treatment plant is as follows: Initiation of Construction - December 10, 2007 Construction Completion - February 23, 2009 Project Close Out - August 23, 2009 An estimated project time line for the forcemain and collection system is as follows: Construction Start (Forcemain) - January 2,2007 Construction Completion (Forcemain) - December 1, 2007 Construction Completion (Collection System) - October 31,2009 Project Close Out - January 31, 2010 OEP Agreement # LP6803. Amendment I, Atta.chment A-I