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HomeMy WebLinkAboutExhibit8STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6056 CITY OF MIAMI AMENDMENT NO. 2 THIS AGREEMENT as entered into on the I day of February, 2006 and amended on the 13th day of June, 2007, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF MIAMI (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, additional funding in the amount of $400,000 is available to continue Flagami/West End Storm Sewers Improvements Project, Phase I1, B-50695 in CITY OF MIAMI; and, WHEREAS, the Department believes that it is essential to allow for the continuation of these services through December 31, 2010; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 1. The title of the Agreement is hereby revised to read as follows: STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP6056 CITY OF MIAMI PURSUANT TO LINE ITEM 1717A OF THE 2005-2006 GENERAL APPROPRIATIONS ACT, AND LINE ITEM 1821 OF THE 2006-2007 APPROPRIATIONS ACT, AND LINE ITEM 1859 OF THE 2007-2008 APPROPRIATIONS ACT 2. Section 2. is hereby revised to change the completion date of the Agreement from October 31, 2010 to December 31, 2010. 3. Section 3.A. is hereby deleted in its entirety and replaced with the following; As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,700,000 toward the total project cost estimate of $10,002,997. The funding consists of $500,000 provided in the original Agreement, .$800,000 in Amendment 1, and $400,000 in Amendment 2. The parties hereto agree that the Grantee is responsible for providing a minimum match of $1,700,000 toward the project described in Attachment A. 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 10% will require a formal amendment to the Agreement. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be 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. 4. 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 Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, DEP Agreement No. LP6056, Amendment No. 2, Page I of 3 C �'�-� interest eamed 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. 5. Attachment A-2, Revised Project Work Plan, attached hereto is hereby added to the Agreement. All references in the Agreement to Attachment A shall hereinafter include Attachment A, Project Work Plan, Attachment A-1, Revised Project Work Plan, and Attachment A-2, Revised Project Work Plan.. 6. Attachment D-1, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment D-2, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment D shall hereinafter refer to Attachment D-2, Revised Special Audit Requirements. 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. LP6056, Amendment No. 2, Page 2 of 3 This Amendment 2 to Grant Assistance Agreement LP6056 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 Grant 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 MIAMI FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: City Manager: Deputy Director Division of Water Resource Management By: Date: Date: Tommy Williams, DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than 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-2 Revised Project Work Plan (2 page) Attaclunent D-2 Special Audit Requirements (5 pages, including Exhibit 1) DEP Agreement No. LP6056, Amendment No. 2, Page 3 of 3