2023-10-17 VII. C. FDEP Grant #LPQ0007, Exhibit 5 • • Exhibit 5
10/17/2023
AMENDMENT NO.3
TO AGREEMENT NO.LPQ0007
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
CITY OF OKEECHOBEE
This Amendment to Agreement No. LPQ0007 (Agreement), as previously amended, is made by and
between the Department of Environmental Protection(Department), an agency of the State of Florida, and
the City of Okeechobee(Grantee),on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for Okeechobee Taylor Creek
SW 4th Street Stormwater(Project), effective November 21,2019; and,
WHEREAS,the Grantee has requested a revision in the scope of work and a budget reallocation for the
Project to account for the Task 1 Construction bid being significantly less than originally estimated; and,
WHEREAS,the parties have agreed to amend the Agreement as set forth herein.
NOW THEREFORE,the parties agree as follows:
1. Section 2.d. of Attachment 1 is deleted and replaced as follows:
This Agreement may be amended,through a formal amendment or a change order, only by a
written agreement between both parties.
A formal amendment to this Agreement is required for changes which cause any of the following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories,
as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty
percent(20%)of the total budget as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in
Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last
approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement;and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made
available by the Legislature.
2. The following is hereby added to Attachment 1 as Section 8.f.:
State Funds Documentation. Pursuant to section 216.1366,F.S., if Contractor meets the
definition of a non-profit organization under section 215.97(2)(m), F.S.,Contractor must provide
the Department with documentation that indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to
any member of the board of directors or an officer of Contractor.
DEP Agreement No. LPQ0007, Amendment No. 3, Page I of 4
• •
ii. Allocated under each payment by the public agency to be used for remuneration of any
member of the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such
information must be posted on the State's contract tracking system and maintained pursuant to
section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a
website.
3. Section 4. of Attachment 2 is hereby revised to the following:
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to
the following budget categories, as defined in the Reference Guide for State Expenditures, as
indicated:
Reimbursement Match Category
❑ 0 Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits,N/A.
❑ ❑ b.Indirect Costs,N/A.
® 0 Contractual(Subcontractors)
❑ ❑ Travel, in accordance with Section 112,F.S.
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
4. Attachment 3,Project Timeline and Budget Detail, is hereby deleted and replaced with the
following:
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all
documentation received by,the corresponding task end date.Cost reimbursable grant funding must
not exceed the budget amounts as indicated below.
Task Grant Task Start Task End
No. Task Title Budget Category Amount Date Date
1 Construction Contractual Services $265,583.44 07/01/2019 12/30/2023
2 Project Management Contractual Services $34,416.56 07/01/2019 02/29/2024
Total: $300,000
5. Attachment 3, Grant Work Plan, is hereby revised to add Task 2 Project Management as follows:
Task 2: Project Management
Deliverables: The Grantee will perform project management,to include field engineering services,
construction observation, site meetings with construction contractor(s) and design professionals,
and overall project coordination and supervision.
DEP Agreement No.LPQ0007,Amendment No.3,Page 2 of 4
• •
Documentation: The Grantee will submit interim progress status summaries including summary
of inspection(s),meeting minutes and field notes, as applicable.
Performance Standard: The Department's Grant Manager will review the documentation to
verify that the deliverables have been 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.
6. 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.LPQ0007,Amendment No.3,Page 3 of 4
• •
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective
representatives to sign it on the dates indicated below.
CITY OF OKEECHOBEE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
Authorized Signature Secretary or Designee
Dowling R.Watford Jr.,Mayor Angela Knecht,Division Director
Print Name and Title Print Name and Title
Date: Date:
Attest:
Arianna Kolesar,DEP Grant Manager
Lane Gamiotea, CMC, City Clerk Amanda Peck,DEP QC Reviewer
Reviewed for Legal Sufficiency:
John J.Fumero,City Attorney
Nason Yager Gerson Harris& Fumero,P.A.
DEP Agreement No.LPQ0007,Amendment No.3,Page 4 of 4
• •
APPROVED BY:
CITY OF OKEECHOBEE
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yager Gerson Harris & Fumero, P.A.