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2019-11-05 Ex 04DEP Agreement No. LP47020, Amendment No. 1, Page 1 of 3 AMENDMENT NO. 1 TO AGREEMENT NO. LP47020 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND CITY OF OKEECHOBEE This Amendment to Agreement No. LP47020, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and City of Okeechobee, (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for City of Okeechobee Taylor Creek SE 8th Stormwater Conveyance, effective September 28, 2017; and, WHEREAS, the Grantee has requested a revision in the scope of work for the project, and an extension of the Agreement due to necessary design modifications; and, WHEREAS, certain provisions of the Agreement need revision. NOW THEREFORE, the parties agree as follows: 1. The Agreement is effective until December 30, 2020. The reimbursement period for this Agreement begins on July 1, 2017 and ends at the expiration of the Agreement. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2. The following is hereby added to Attachment 1 as Section 8.j.: Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to the Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to the Department. 3. Section 24. of Attachment 1 is deleted and replaced as follows: Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee or its subcontractors are found to have submitted a false certification; or if the Grantee, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 4. Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. DEP Agreement No. LP47020, Amendment No. 1, Page 2 of 3 All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. 5. Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-1, Revised Public Records Requirements. All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-1, Revised Public Records Requirements. 6. Exhibit A, Progress Report Form, is hereby deleted in its entirety and replaced with Exhibit A-1, Revised Progress Report Form, attached hereto and made a part of the Agreement. All references in the Agreement to Exhibit A, shall hereinafter refer to Exhibit A-1, Revised Progress Report Form. 7. Exhibit D, Disbursement Request Package, is hereby deleted in its entirety and replaced with Exhibit D- 1, Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Exhibit D, shall hereinafter refer to Exhibit D-1, Revised Payment Request Summary Form. 8. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP47020, Amendment No. 1, Page 3 of 3 IN WITNESS WHEREOF, the parties have caused this amendment to Agreement No. LP47020 to be duly executed, the day and year last written below. CITY OF OKEECHOBEE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: _______________________________ By: ___________________________________ Mayor Trina Vielhauer Print Name of Authorized Person Water Restoration Assistance Division Director Date: _____________________________ Date: _________________________________ ______________________________________ Arlene Acevedo, DEP Grant Manager ____________________________________ Sandra Waters, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Letter/ Number Description (include number of pages) Attachment 3-1 Revised Grant Work Plan (2 Pages) Attachment 4-1 Revised Public Records Requirements (1 Page) Exhibit A-1 Revised Progress Report Form (1 Page) Exhibit D-1 Payment Request Summary Form (6 Pages) Attachment 3-1, DEP Agreement No. LP47020, Amendment No.1, Page 1 of 2 DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED GRANT WORK PLAN DEP AGREEMENT NO. LP47020 ATTACHMENT 3-1 PROJECT TITLE: City of Okeechobee Taylor Creek SE 8th Stormwater Conveyance. PROJECT LOCATION: The Project will be located in the 400 Block of Southeast 8th Avenue, which is located within the City of Okeechobee in Okeechobee County, Florida. Latitude/Longitude 27.2394/ -80.8225. PROJECT BACKGROUND: The City of Okeechobee (Grantee) identified and prioritized drainage infrastructure improvements within the City. Drainage improvements on Southeast 8th Avenue were identified as one of the top three priorities. Currently, this connection does not have any water quality treatment nor environmentally friendly components and has direct drainage to Taylor Creek, which is directly upstream of Lake Okeechobee. Increasing water quality in this area will be a direct improvement over the existing conditions and would achieve observable results. The expected benefit and positive return on investment received includes reduced pollution entering State’s endangered waters, improved water quality and quantity treatment of surface water, protection of wildlife (i.e., manatees) and protection of public health. The Grant funds of $209,036 will address construction of the conveyance. The Grantee’s investment will include preliminary engineering, final design, bidding, engineering during construction and construction observation with local funds in the amount of $31,200. The total project is estimated to cost $240,236. The City of Okeechobee is located in a Rural Area of Economic Opportunity and is a fiscally disadvantaged community. PROJECT DESCRIPTION: The Grantee will construct water quality and baffle box drainage improvements on Southeast 8th Avenue to replace a direct drainage connection to Taylor Creek. The project includes updating drainage along a residential roadway, that includes drainage piping, inlets, curbing, water quality baffle box, roadway repairs, earthwork of clearing and grubbing, seeding mulching, silt fencing and Manatee Grates. The Grantee does not anticipate that the funding under this agreement will result in a fully completed project, so this agreement will cover a portion of the work. TASKS and DELIVERABLES: Task #1: Construction Deliverable: The Grantee will construct water quality and baffle box drainage improvements on Southeast 8th Avenue to replace a direct drainage connection to Taylor Creek that includes updating drainage along a residential roadway, inlets, curbing, roadway and piping in accordance with the construction contract documents. Attachment 3-1, DEP Agreement No. LP47020, Amendment No.1, Page 2 of 2 Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee and the Engineer’s Certification of Payment Request. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department’s Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Task End Date 1 Construction Contractual Services $209,036 7/1/2017 6/30/2020 Total: $209,036 Note that, per paragraph 8.h. of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No. LP47020, Amendment No. 1, Attachment 4-1, Page 1 of 1 ATTACHMENT 4-1, REVISED PUBLIC RECORDS REQUIREMENTS 1. Public Records a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement, the Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term “contract” means the “Agreement.” If the Grantee is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the Contractor shall: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to the Department. e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department’s custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@dep.state.fl.us Mailing address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Exhibit A, Page 1 of 1 Rev. 10/15/19 EXHIBIT A-1 REVISED PROGRESS REPORT FORM DEP Agreement No.: LP47020 Project Title: City of Okeechobee Taylor Creek SE 8th Stormwater Conveyance Grantee Name: City of Okeechobee Grantee Address: 55 SE Third Avenue Okeechobee, Florida 34974 Grantee’s Grant Manager: Marcos Montes De Oca Reporting Period: hoose anitem. Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period. Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered. Add or remove task sections and use as many pages as necessary to cover all tasks. The following format should be followed: Task 1: Construction • Progress for this reporting period: • Identify any delays or problems encountered: Indicate the completion status for the following tasks (if included in the Grant Work Plan): • Design (Plans/Submittal): 30% ☐, 60% ☐, 90% ☐, 100% ☐ • Permitting (Completed): Yes ☐, No ☐ • Construction (Estimated): _________% This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee’s Grant Manager Date STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Exhibit D-1 The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request.