Loading...
Res. No. 188-08-12785RESOLUTION NO.: 188-08-12785 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT OF $800,000.00 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR SOUTH MIAMI SUNSET DRIVE DRAINAGE IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wish to amend the grant agreement with Florida Department of Environmental Protection; and WHEREAS, the Grant Amendment will continue the $800,000.00 grant for the Sunset Drive Drainage Improvements with a time extension of one (1) year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant amendment with Florida Department of Environmental Protection. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 18th TTEST: 'CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path day of November 2008. APPROVED:, COMMISSION VOTE: 4 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Commissioner Palmer: Yea Commissioner Beckman: Yea .f To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager is From: Carol M. Aubrun,C Grants Writer and Administrator Date: November 18, 2008 Agenda Item No.: Subject: South Miami Sunset Drive Drainage Improvements Grant Amendment with Florida Department of Environmental Protection Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AMENDMENT OF $800,000.00 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE SOUTH MIAMI SUNSET DRIVE DRAINAGE IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE Request: To authorize the City Manager to execute a grant amendment with Florida Department of Environmental Protection for Sunset Drive Drainage Improvements Reason/Need: In 2006, the City of South Miami was awarded a grant in the amount of $800,000.00 from Florida Department of Environmental Protection. The project was for a period of two (2) years and is currently underway. However, a time extension is being sought in order to successfully complete the project and utilize the entire award amount. The resolution will allow the City Manager to execute the grant amendment with FDEP for South Miami Sunset Drive Drainage Improvements for an extension of one (1) year. Cost: N/A Funding Source: Florida Department of Environmental Protection Backup Documentation: ❑ Proposed Resolution ❑ Proposed Amendment Letter and Contract ❑ Previous Resolution ❑ Existing Contract November 6, 2008 Florida Department of Environmental Protecti ®n Mr, Jose Olivo City of South Miami 4795 S.W. 75' Avenue South Miami, Florida, 33155 Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Re: LP6782 — City of South Miami. Sunset Drive Drainage Improvements Dear Mr. Ofivo: Enclosed are two original copies of the proposed Legislative Project grant Amendment I for the City's stormwater improvement project. The amendment extends the date of completion for the project. Please have the City.Manager sign on page 3,9f the enclosed two copies., Return both copies to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399 -2400. We will arrange for the Deputy Division' Director to sign the document and mail a fully executed original to the City. If you have any questions about the amendment, please call Maura Callahan at 8501245 -8358. Sincerely, , . 4X1,4. Robert E. Holmden, P.E., Chief Bureau of Water Facilities Funding ., MRMUMIM cc: W. AjiboIa Balogun —City of South. Miami Julie Dalzell — City of South Miami lvle Pro(cction, Lrs.> proovss.. NOV 10 2008 Charlie Crist Governor Jeff Xotti;antp Lt. Governor ' :COL�:'3!y STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6782 CITY OF SOUTH MIAiNH AMENDMENT NO. I THIS AGREEMENT as entered into on the 24th day of October, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF SOUTH MIAMI (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 detemuned 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 30 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' December 31, 2009, and to include the following language as a separate paragraph. The Grantee understands and agrees that certification forward of the State Fiscal Year 2006 -2007 funds supporting this Agreement beyond June 30`s 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 I0% 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 Eamed 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. LP6782, Amendment No, 1, Page I of 3 4. Attachment A, Project Work Plan, is hereby amended to include Attachment A -1, Revised Project Work Plan, attached hereto and made a part of the Agreement, All references in the Agreement to Attachment A, Project Work PIan, shall hereinafter refer to Attachment A, Project Work Plan, and Attachment A -1, Revised Project. Work Plan. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6782, Amendment No. 1, Page 2 of 3 This Amendment I to State Financial Assistance Agreement LP6782 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 SOUTH MIAMI By: — City Manager 14L2-4 1,9- Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: &1� y = Deputy Director Division of Water Resource Management Date: DEC 0 5 1.00 To Willi DEP Grant Manager *For Agreements with governmental boards /commissions: If someone otherthan 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 -I Revised Project Work Plan (I page) DEP Agreement No. LP6782, Amendment No. 1, Page 3 of 3 Please complete this farm with as much detail as possible I. GRANTEE/PROJECT INFORMATION: Grantee: CITY OF SOUTH MIAMI Project'Title: Sunset Drive Drainage Improvements DEP Grant #: LP6782 u. FUNDING PLAN: No ChanKe in kundinQ Plan Category of Expenditure 2006 -2007 LP Grant Funds Provided 2006 -2007 Match Required Total 2006 -2007 Funding Professional Services Construction & Demolition Land Equipment Other (Specify Total M. 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: December 31, 2009 V. LOCAL MATCH & OTHER GRANT FUNDS: No Change in Match, etc RESOLUTION NO. 180 -06 -12321 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SUNSET DRIVE DRAINAGE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the. Mayor and City. Commission wishes to accept grant from Florida Department of Environmental Protection; and WHEREAS, the agreement is intended to award the city $800,000 grant to provide drainage improvements along Sunset Drive. NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to execute a $800,000 grants agreement with Florida Department of Environmental Protection with matching funds from South Florida Water Management District grant, Storm Water Drain Trust, Fund, People Transportation Tax Fund, Local Option Gas Tax Trust fund, funds contributed towards the project by CRA. Section 2. The attached exhibit. is incorporate by reference into this resolution. PASSED AND ADOPTED this day of 12006. NO.. Include File Name and Path AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: yea Commissioner Palmer: Yea Commissioner Birts: yea Commissioner Beckman: Yea ED) E E ndE a i9 vb STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF SOUTH MIAMI DEP AGREEMENT NO. LP6782 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1821 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 -Blair* Stone Road, MS 3505, Tallahassee, Florida 32399 -2400 (hereinafter referred to as the "Department") and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 '(hereinafter referred to as "Grantee" or "Recipienf), a local government under the laws.of the State of Florida, to provide funds for the Sunset Drive Drainage Improvement project In consideration of the mutual benefits to be derived berefrom, the Department and the Grantee do hereby agree as follows: I. 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 December 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 term of this, Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $800,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of $800,000 toward the project described in Attachment A. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot he 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 trust 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 1I2.661, Florida Statutes, The Disbursement Request Package must include; (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs most 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 DEP Agreement No. LP6782, Page I of 6 received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments;' and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials;' labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements' contained in paragraph 3.13. 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. A State guidelines . for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at b4:// www. fldfs .comlaadir/reference°Z.5F --Wde. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an a»mral 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 wrongfW 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. DEP Agreement No. LP6782, Page 2 of 6 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 114.07(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 I must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _.210 for deterr iin;rg whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the forum entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form. number DFS- A2 -NS) that can be found under the "Links(Fomms" section appearing at the following website: . bttp://apps.fldf s.com/fsaa The Grantee should confer wiib 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 pnor'written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the frfillment 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 rtes and regulations: The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement DEP Agreement No. LP6782, Page 3 of 6 13. lire 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 Tallabassee, Florida 32399 -2400 Phone: 850- 245 -8358 Fax: 850- 245 -8411 Email: thomas.e.williams@dep.statefl.us 14: The Grantee's Grant Manager for this Agreement is identified below. Greg Netto City of South Miami 4795 S. W. 750i Avenue Miami, Florida 33155 Phone: 305 - 663 -6350 Fax: 305.668 -7208 Email: gnetto @cltyofsouthmiamLnet. 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 fiords, 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 timef-am identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused finds, 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 ofAgreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify .additional requirements,, which most 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 fiords, 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 Famed Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment'F) to the Departmenfs 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 immicefreporting requirements established in paragraphs 3 and S. 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 lattees 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. DEP Agreement No. LP6782, Page 4 of 6 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. The. purchase of non - expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement.. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of this Agreement. E. 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 respons2ble 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 acgnisitionis 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. DEP Agreement No. LP6782, 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 SOUTH MIAMI By: Ci Y Manager ✓ Date:_® L.U{y &7 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: . Director Division of Water Rn)nB Management OCT 2 Crrant Managet� *For Agreements with governmental boards/cammissions: 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/ Type Number Attachment . A Attachment B Attachment C Attachment D Attachment E Attachment F DEP Agreement No. LP6782, Page 6 of 6 Description (include number afpages)