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Res. No. 114-01-11262RESOLUTION No.iiA-ni-H9fi9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (AMENDMENT 1TOSP09020)WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR A REIMBURSEMENT GRANT IN AN AMOUNT OF $1,000,000.00 FOR WATER MAIN IMPROVEMENT PROJECT. WHEREAS;TheMayorandCityCommissionwishestoprovidemuchneededpotable drinking watertothe residents of theCity Of South Miami;and WHEREAS;Thepotabledrinkingwatersystemwillpreventpotentialhealthhazardand provide fire protectiontotheCity residents;and WHEREAS;TheCityhassecuredthesecureda$1,000,000.00grantpursuanttoHouse Bill 1221 passed bythe 2001 legislature for theWater Main Improvement project. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:ThattheMayorandCityCommissionauthorizetheCityManagertoexecutethe Amendment 1toSP809020withtheState of Florida Department of EnvironmentalProtection. Section2:TheCityManagerisauthorizedto establish the necessary processtoimplementthe projectin accordance withAmendment1toSP809020 agreement withtheState of Florida Department of Environmental Protection. PASSED AND ADOPTED this 7t-.h day of_ ATTEST:APPROVED: August ,2001. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY * MAYOR Commission Vote: Mayor Robaina:Yea ViceMayor Feliu:out of town Commissioner Russell:Yea Commissioner Bethel:yea Commissioner Wiscombe Yea 4-0 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Commission From:Charles D.Scurr /]City Manager /?//J ^C***1 Date:August 1,200 Agenda Item #_ Comm Mtg.08-07-01 Re:Authorization to execute Agreement (Amendment 1 to SP809020)with the State of Florida Department of Environmental Protection for $1,000,000.00 Grant REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (AMENDMENT 1TO SP09020)WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR A REIMBURSEMENT GRANT INAN AMOUNT OF $1,000,000.00 FOR WATER MAIN IMPROVEMENT PROJECT. BACKGROUND: Thisprojectwillfulfillthe City's intenttoprovideportabledrinkingwaterandfireprotectionto theresidentsintheareaspecified.Currently,theresidentsintheareausewellwaterasdrinking water andtheydonothavefire hydrant forfire protection.The project sites willinclude;SW 74th Street between SW 67th Avenue and SW 68th Avenue,SW 77th Terrace between SW 66th Avenue &SW 69th Avenue,SW 78th Terrace between SW 68th Avenue &SW 69th Avenue,SW 78th Terrace between Manor Lane &SW 67th Avenue,SW 65th Court,SW 75th Terrace,SW 68th Avenue between SW 78th Terrace &SW 80th Street,SW 69th Avenue between SW 76th Terrace &SW 80th Street,SW 67th Court from Cul-de-sac to SW 80th Street and SW 79th Street.Through theState legislative appropriations (House Bill1221)theCityhas been abletosecure $1,000,000.00 forthe proposed WaterMainproject.Theattached agreement fortheawarded $1,000,000.00hasbeenissuedbytheFloridaDepartment of Environmental Protectionforour approval. RECOMMENDATION: Itis recommended thatthe Mayor andCity Commission authorize theCity Manager toexecute the agreement. Page 2 of 2 Agenda Item... Aug.01,01 ATTACHMENTS: •ProposedResolution a Amendment 1to SP809020 (Agreement) •Map of theproposedPhase1WaterMainExtensionarea 'T •-—1*~—f^TT-ITr 11•"^K7lTI||rtlri|1*t>ir1 U»l*"liLI JebBush Governor July 25,2001 Department of Environmental Protection TwinTowers Office Building 2600 Blair Stone Road Tallahassee,Florida 32399-2400 Mr.CharlesD.Scurr,City Manager City of South Miami 6130 Sunset Drive South Miami,Florida 33143 Re:SP809020 -South Miami Watermain Infrastructure DavidB.Struhs Secretary Dear Mr.Scurr: Enclosed are two original copies of Amendment 1 for your special legislative project. This amendment cancels and replaces the original agreement,which provided funding for theSouth Miami sanitary sewer collection system.Per House Bill 1221,the funds v-re reap]reprinted tobe used for drinkingwater facilities rather thanwastewater construction.The amendment has been discussed with Mr.Ralph Rosado. Please sign on page 4 of the enclosed two copies.Return both copies tous within three weeksat2600BlairStoneRoad,MailStation3505,Tallahassee,Florida,32399-2400. Wewill arrange for the Division Director to sign the document and mail a fully executed copy to you. Ifyou have any questions about the agreement,please call Tommy Williams at 850/488-8163. Sincerely, Don W.Berryhill,RE\Chief Bureau of Water Facilities Funding DWB/tw Enclosures cc:Ajibola Balogun-South Miami Ralph Rosado -South Miami Trr*A Printed on recycled paper. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF SOUTH MIAMI,FLORIDA AMENDMENT 1 TO SP809020 Theoriginalloan agreement executed August 25,2000,between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department)and the CITY OF SOUTH MIAMI,FLORIDA (Grantee),existing as a local government entity,is cancelled inits entirety and replaced by this amendment.Pursuant to House Bill 1221 passed by the 2001 Legislature,the Department agrees to fund a grant ona reimbursement of incurred eligible cost basisinanamountnottoexceed$1,000,000underthetermsand conditions setforthinthis document. SCOPE OF WORK The project to be financed by this Grant consists of furnishing labor,materials,equipment,and technical services to design,construct,and provide construction administration of approximately 7,500 lineal feet of watermain with associated fire hydrant,fitting,valves,service lines,water meters,pavement restoration ?nd landscaping.-^ GRANT CONDITIONS 1.The Grantee shall expeditiously initiate and timely complete the project work for which assistancehasbeenawardedunderthisagreement. 2.The Grantee warrants,represents,and agrees that it,andits contractors,subcontractors, employees and representatives,shall comply with applicable Stateand Federal laws, executive orders,rules and regulations in carrying out their obligations under this agreement. 3.Tothe extent permitted by law,the Grantee shall release and hold harmless the State,its officers,members,and employees from any claim arising in connection with the Grantee's actionsor omissions initsplanning,engineering,administrative,and construction activities funded bythisgrantorits operation ofthe project. 4.The Grantee shall carry adequate liability andother appropriate forms of insurance.The Department shall have no liability except as specifically provided in this agreement. 5.The Grantee shall obtain all necessary permits,real property interests,and approvals before initiating construction.The Grantee knows ofno reason why any future permits or approvals are not obtainable. 6.Pursuant to Section 216.347 of the Florida Statutes,the Grantee shall not use grant proceeds for the purpose of lobbying the Legislature,the judicial branch,ora state agency. 7.By acceptance of this grant,the Gfantee agrees to complete the scope ofworkin accordance with the plans and specifications approved bythe Department's district office,and to maintain and operate the completed facilities in accordance with all applicable provisions of the Florida Administrative Code for the design life of the facilities. 8.The Grantee and its agents shall maintain books,records and other documents pertinent to performance under this agreement in accordance with Generally Accepted Governmental Accounting Standards established bythe Governmental Accounting Standards Board.The Grantee shall keep accurate records of all grant disbursement receipts and project expenditures.TheDepartmentshallhaveaccesstosuchrecordsatallreasonabletimes during the term of this agreement and for three years following final grant payment or for suchother period asmaybe prescribed bythe Department. 9.The Grantee shall provide accessto project sitesand administrative officesto authorized representatives of theDepartmentatany reasonable time. 10.The Grantee agrees tomake prompt payment toits contractor and to retain onlysuch amounts asmaybejustifiedbyspecific circumstances and provisions of this grant orthe construction contract.The Grantee shall ensure that appropriate provisions to implement this prompt payment requirement are included inall construction contracts and subcontracts. 11.In consideration of the Grantee completing its obligations under this agreement,the Department shall pay the Grantee ona reimbursement of incurred eligible cost basis. Payment requests shall be submitted no more frequently than monthly ona form provided by the Department.Witheach ^y~0„t request,the Grantee shallsubmitallrelevantinvoices and worksheets usedto prepare the disbursement request and shall,if necessary,document in writingthatanyspecialgrantconditions precluding paymenthavebeensatisfied. 12.TheGranteeagreesto comply withtherequirementscontainedinSection 215.97,Florida Statutes,entitled "Florida SingleAuditAct".The funding supporting theactivities authorized under this agreement is provided ina grants and aids appropriation madebythe Florida Legislature.Specificfundinginformationisprovidedbelow: Funding Source:General Revenue State Fiscal Year:2000-2001 General Appropriations Act, LineItem 1591G.Reappropriatedin HouseBill 1221,by 2001 Legislature Catalog of StateFinancial Assistance (CSFA)Number: 37039 CSFA Title orFundingDescription:StatewideRestorationProjects Funding Amount:$1,000,000 StateGrantsand Aids Appropriation Category: 141116 Copies of reports and management letters prepared in conducting audits related to required State grants and aids audits shall be submitted by or on behalf of the Grantee directly to each of the following: Don Berryhill Florida Department of Environmental Protection Bureau of Water Facilities Funding (MS3505) 2600 Blair Stone Road Tallahassee,Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General (MS40) 2600 Blair Stone Road Tallahassee,Florida 32399-2400 Audit Manager Office of the Auditor General Post Office Box 1735 Tallahassee,FL 32302-1735 13.This agreement may be amended in writing,except that no amendment shall be permitted whichis inconsistent with statutes,rules,regulations,orexecutive orders. 14.The Grantee agrees tocomplywith t.it *\mowing project schedule: (a)Initiation of project construction commenced April1,2001. (b)Completion of scope of workisscheduled for March 31,2003. EXECUTION OF AMENDMENT This grant amendment 1to SP809020 shall be executed in two or more counterparts,any of whichshallberegardedasanoriginalandall of whichconstitutebutoneandthesame instrument. The Department hereby offers financial assistance to the CITY OF SOUTH MIAMI,FLORIDA, inan amount notto exceed $1,000,000,for the purposes and under the terms set forth in this agreement. This agreement is subject to applicable provisions of Florida law and rules adopted thereunder. In accepting this award andany disbursements made hereunder,the undersigned representative of the Grantee covenants that he/she is duly authorized toactonbehalfofthe Grantee,and that the Grantee agrees tothetermsand conditions ofthis agreement. for CITY OF SOUTH MIAMI City Manager Date for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director Date Division of WaterResourceManagement City of South Miami WATER MAIN EXTENSION PHASE 1 MASTER PLAN