TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve Change Order No. 1 to DEP Agreement No. 22PLN95, Update to Existing Vulnerability Assessment and Critical Asset Inventory Between the City of North Port and the Florida Department of Environmental Protection.
Recommended Action
Approve Change Order No. 1 to DEP Agreement No. 22PLN95, Update to Existing Vulnerability Assessment and Critical Asset Inventory between the City of North Port and the Florida Department of Environmental Protection.
Background Information
City staff received a Change Order for Grant Contract 22PLN95, North Port Vulnerability Assessment and Adaptation Plan. The following changes have been made to Attachments 1, 2 and 3 of the original Executed Adaptation Plan.
Please note that each item under 1 and 2 below has been added to the original plan and thus represents a new clause. However, under item 3, the language of the original clause has been changed and no additional clauses have been added.
Summary of Changes:
1. Attachment 1
New Clause: 7b: Invoice reduction: If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department.
New Clause: 24: Build America, Buy America Act (BABA).
Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA).
2. Attachment 2
New Clause: 14: Build America, Buy America Act (BABA).
Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA).
New Clause: 15: Common Carrier:
a. Applicable to contracts with a common carrier - firm/person/corporation that as a regular business transports people of commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier - Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808.
3. Attachment 3
Change to Original Clause: 7 Adaptation Plan, the language for consequences for nonperformance has been changed to the following:
“For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement’s most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner.”
The original language stated: “The Department will reduce each Task Funding Amount by five percent (5%) for every day that the task deliverable(s) are not received on the specified due date listed in the Agreement’s most recent Project Timeline.”
Regarding the changes to Attachment 3, Clause 7, this appears to clarify and potentially strengthen the penalty for non-performance, but it also weights it based on the egregiousness of the failure of the grantee to meet the stipulated goal in terms of the number of deliverables not submitted on time.
Change Order No. 1 to DEP Agreement No. 22PLN95, Update to Existing Vulnerability Assessment and Critical Asset Inventory between the City of North Port and the Florida Department of Environmental Protection has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Environmental Resiliency and Sustainability Pillar
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. 22PLN95 North Port Vulnerability Assessment and Adaptation Plan
2. Change Order No.1 to DEP Agreement 22PLN95
Prepared by: Michael J. Davey, Grants Coordinator
Department Director: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager