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10-19-04 Item 8CITY OF SOUTH MIAMI Inter - office Memorandum TO: Honorable Mayor, Vice Mayor RESOLUTION: DATE: October 19, 2004 South Miami All- America ft 2001 AGENDA- ITEM No. I? RE: Authorizing the City Manager to Execute a grant agreement with U.S. EPA A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH U.S. ENVIRONMENTAL PROTECTION AGENCY FOR WATER DISTRIBUTION AND DRAINAGE IMPROVEMENTS PROJECTS IN AN AMOUNT OF $130,100.00; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: As part of our Downtown Infrastructure Improvement Master Plan, the U.S. Department of Environmental Protection has approved our request to increase funding for the plan. In March of 2003, U.S. EPA awarded an initial amount of $485,000 to the City towards the downtown projects. Since then, the City requested additional funding to assist with the project. This approved increase of $130,100 will assist in providing much needed potable drinking water distribution within the downtown area and improving the substandard drainage system. RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ Proposed resolution ❑ Copy of grant agreement 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH U.S. ENVIRONMENTAL PROTECTION AGENCY FOR WATER DISTRIBUTION AND DRAINAGE IMPROVEMENTS PROJECTS IN AN AMOUNT OF $130,100.00; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wishes to provide much need water distribution and drainage improvements with the City; and WHEREAS, the Mayor and City Commission of City of South Miami, Florida wishes to accept grant funding increase of $130,100 from U. S. Environmental Protection Agency. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1: The City Manager is authorized to enter into a grant agreement with U.S. Environmental Protection Agency for water distribution and drainage improvements in an amount of $130,100. Section 2: The grant agreement is made a part of the resolution. Section 3: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2004. APPROVED: ATTEST: Maria Menendez, City Clerk READ AND APPROVED AS TO FORM CITY ATTORNEY Mary Scott Russell, Mayor Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: XP - 97473603 - 1 Paqe 1 ASSISTANCE ID NO. 0Sr 14+ 1 � � to U.S. ENVIRONMENTAL PROTECTION AGENCY Grath Agreement D FAWARD 7 PRG DOCID AMEND# - 97473603 - 1 TYPE OF ACTION Augmentation: Increase MAILING DATE SR 14 PAYMENT METHOD: Reimbursement ACH# RECIPIENT TYPE: Send Payment Request to: Municipal Dorothy Rayfield, Water Management Division, 404- 562 -9278 RECIPIENT: PAYEE: City of South Miami City of South Miami 6130 Sunset Drive 6130 Sunset Drive South Miami, FL 33143 South Miami, FL 33143 EIN: 59- 6000431 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST W. Ajibola Balogun Mario Machado Hector Buitrago 6130 Sunset Drive 61 Forsyth Street Grants Management Office South Miami, FL 33143 Atlanta, GA 30303 -8960 E -Mail: Buitrago.Hector @epa.gov E -Mail: E -Mail: Machado.Mario @epamail.epa.gov Phone: 404-562-8397 Phone: 305- 668 -7354 Phone: 404- 562 -9338 PROJECT TITLE AND EXPLANATION OF CHANGES City of South Miami Increase of Funds (Supplemental); This action approves an INCREASE in the amount of $130,100 FY -2004 federal funds, to continue the Water Distribution and Drainage improvements of the City of South Miami. This action brings the total federal funds awarded to $615,100 BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 02/24/2003 - 12/01/2008 02/24/2003 - 12/01 /2008 1 $1,118,364.00 1 $1,118,364.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance /Amendment to the City of South Miami for 55.00 % of all approved costs incurred up to and not exceeding $615.100 for the support of approved budget period effort described in application (including all application modifications) cited in the Project Title and Description above, signed 0612812002 included herein by reference. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 4 61 Forsyth Street Water Management Division Atlanta, GA 30303 -8960 61 Forsyth Street Atlanta, GA 30303 -8960 NITED ES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGN F TYPED NAME AND TITLE T J. I. Palmer, Jr., Regional Administrator �0 This agreement is subjec o applic ble U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Maria V. Davis, City Manager EPA Funding Information XP - 97473603 - 1 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 485,000 $ 130,100 $ 615,100 EPA In -Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 396,000 $ 107,264 $ 503,264 State Contribution $ 0 $ $ 0 Local Contribution $ 0 $ $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 881,000 $ 237,364 $ 1,118,364 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.606 - Surveys - Studies - Investigations and Special Purpose Grants Consolidated Appropriations Resolution 2003 (PL 108 -7) 40 CFR PART 31 Fiscal Site Name DCN FY Approp. Code Budget Organization PRC Object Class Site /Project Cost Organization Obligation / Deobligation VX4188 04 E4C 0400QDA 201 B51 E 41.83 130,100 130,100 XP - 97473603 - 1 Page 3 Approved Budget Approved Allowable Budget Period Cost 1. Administration Expense $26,510 2. Preliminary Expense $0 3. Land Structure, Right Of Way $0 4. Architectural Engineering Basic Fees $237,850 5. Other Architectural Engineering Fees $p 6. Project Inspection Fees $0 7. Land Development $0 8. Relocation Expenses $0 9. Relocation Payments to Individuals & Bus. $0 10. Demolition and Removal $0 11. Construction and Project Improvement $832,177 12. Equipment,, $0 13. Miscellaneous $0 14. Total (Lines 1 thru 13) $1,096,537 15. Estimate Income $0 16. Net Project Amount (Line 14 minus 15) $1,096,537 17. Less: Ineligible Exclusions $0 18. Add: Contingencies $21,827 19. Total (Share: Recip 45 % Fed 55 %) $1,118,364 20. TOTAL APPROVED ASSISTANCE AMOUNT $615,100 XP - 97473603 - 1 Page 4 Administrative Conditions All Administrative Conditions Remain the Same Programmatic Conditions All Programmatic Conditions Remain the Same 1. The grantee shall not advertise or award any land purchase or any final design or construction contract that may receive federal or matching funds under this grant, and no final design or construction shall otherwise commence or continue, until the NEPA process under the National Environmental Policy Act, 42 U.S.C. 4321 et seq, and its implementing regulations, 40 CFR Part 6 and 40 CFR Part 1500 et seq is satisfactorily completed. 2. The grantee will specifically address comments received as a result of the Executive Order 12372 process, in the Environmental Information Document (EID) and the public meeting to be held as a part of the NEPA process. 3. The grantee will contact the State Historic Preservation Officer for comments concerning impacts of the proposed project and include the comments and resolution in the EID. 4. Before the initiation of construction, the grantee will obtain all necessary permits, including a construction permit from the state regulatory agency. 5. Generally, a minimum of thirty (30) days shall be allowed from the first day of publication and the bid opening. 6. Generally, the time interval between acceptance of bids and award of contracts should not exceed sixty (60) days. 7. The grantee shall notify EPA of any contract award. 8. The grantee agrees to comply with the Cross - Cutting Federal Laws and Authorities. 9. The grantee will assure the EPA prior to construction that all easements and rights -of -way have been obtained. 10. The grantee shall submit to the EPA Project Officer a quarterly progress report and a final report pursuant to 40 CFR 31.40. These reports will consist of updated progress toward work objectives, problems encountered, actions taken to resolve problems and discussion of remaining tasks. 11. The grantee shall conduct a preconstruction conference, if applicable for each contract in cooperation with EPA. 12. Pre -award costs prior to construction will be considered for grant eligibility at the time of first payment. Pre -award costs associated with construction will be considered after the Environmental Information Document (EID) and Plans & Specifications are approved, and Minority and Women's Business Enterprise goals are addressed. 13. The grantee must have EPA approval of the grant project's Plans and Specifications, regardless of the EPA participation, for the construction costs to be grant eligible.