HomeMy WebLinkAboutItem #09 Amend the Existing Grant From the FDEP in Order to Terminate the Planned Project to Construct a Detention Pond
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AGENDA ITEM COVER SHEET
Meeting Date: February 2, 2010
Item # 9
Contact Name:
Contact Number:
AI Butler
407 -905-3100, ext. 1543
Reviewed By:
Department Director:
City Manager:
Subject: Amend the existing grant from the Florida Department of Environmental Protection in
order to terminate the planned project to construct a detention pond adjacent to City Hall - District
2, Commissioner Wilsen.
Background Summary:
In January 2007, the City of Ocoee received a 50% matching grant from the Florida Department of
Environmental Protection (FDEP) for $1,400,000 in order to fund a TMDL Water Quality Grant
Project to construct a wet detention pond adjacent to City Hall. The purpose of the pond was to
remove sediment and reduce nutrient pollutants contained in stormwater runoff flowing into Starke
Lake from the Starke Lake Watershed. The City retained the firm of Professional Engineering
Consultants (PEC) to design and permit the stormwater management facility. Several conceptual
designs were proposed, however none could be realistically constructed due to the constraints of
the property and other technical factors, such as the proximity of buildings and the pond depth
requirements for adequate stormwater detention time. The ultimate conclusion by PEC and City
staff was that the location was not suitable for the planned facility.
As a result of this finding, staff approached FDEP officials regarding the redirection of funds for
alternative solutions, such as upstream treatment systems. FDEP declined to modify the grant
scope and schedule, and subsequently sought to release the grant funds allocated for the project.
To do so, FDEP has proposed a grant amendment that terminates the project and releases unpaid
funds back to the State of Florida for other grant projects. FDEP has indicated that the City is free
to apply again in the future once an alternative approach has been determined. City staff will
continue to seek effective alternatives for stormwater treatment in the Starke Lake Watershed.
Issue:
The Engineering and Public Works departments propose that the City Commission approve the
amendment drafted by FDEP to terminate the grant and authorize the Mayor to execute any
documents necessary for this purpose.
Recommendations
The Engineering and Public Works departments recommend that the City Commission approve
Amendment 1 to FDEP Agreement No. S0319 (originally executed on January 30, 2007) and
authorize the Mayor to execute the amendment, which will unencumber the remaining grant funds.
Attachments:
The draft Amendment 1 from FDEP. The final form may be slightly different.
1
Financial Impact:
The proposed amendment will terminate the $1,400,000 grant. The remaining grant funds of
$1,375,000 reflect the payment in 2009 of $25,000 as reimbursement for design services paid by the
City to PEC. (A total of about $90,000 was paid to PEC over a two-year period.) An open purchase
order to PEC in the amount of $30,175.52 will be closed, which will leave approximately $100,000 in
the remaining City budget for this project.
Type of Item: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's Deat Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
== Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
(b'lA~1dJ
N/A
N/A
N/A
2
DEP AGREEMENT NO. S03l9
AMENDMENT NO. I
THIS AGREEMENT as entered into on the 30th day of January, 2007, between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the
CITY OF OCOEE (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended.
WHEREAS, the Grantee has failed to meet the time line to complete the project identified in the approved
Grant Work Plan; and,
WHEREAS, the Grantee has been reimbursed $25,000 for design work identified in the Grant Work Plan;
and,
WHEREAS, both parties are in agreement that the remaining work in the approved Grant Work Plan will
not be completed under this Agreement; and,
WHEREAS, no additional services have been performed, no additional invoices will be processed; and,
WHEREAS, the remaining $1,375,000 of funding in this Agreement will be unencumbered; and,
WHEREAS, the Grantee will not be reimbursed for any additional funds under this Agreement; and
NOW, THEREFORE, the parties hereto agree as follows:
Paragraph 2 is hereby revised to change the completion date of the Agreement to the date of execution of
this Amendment No. I.
Paragraph 14 is hereby deleted in its entirety and replaced with the following:
14. The Department's Grant Manager (which may also be referred to as the Department's Project
Manager) for this Agreement is identified below.
Boria Crane- Amores
Florida Department of Environmental Protection
Bureau of Watershed Management
2600 Blair Stone Road, MS 3510
Tallahassee, Florida 32399-2400
Telephone No.: (850) 245-8425
Fax No.: (850) 245-8434
E-mail Address: Bori a.craneamores!Q>.den.state. fl. us
This Agreement is terminated upon execution of this amendment and remaining funds unencumbered.
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. S0319, Amendment No.1, Page I of2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
CITY OF OCOEE
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
*Title:
By:
Secretary or Designee
Date:
Date:
BOIja Crane-Amores, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP Attorney
*For Agreements with governmental boards/commissions: Ifsomeone 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.
DEP Agreement No. S03l9, Amendment No.1, Page 2 of2