AMENDMENT NO 1 TO PROJECT PARTNERSHIP AGREEMENT FOR DESIGN AND CONSTRUCTION OF THE STEVENSON CREEK ESTUARY AQUATIC EXOSYSTEM RESTORATION PROJECTAMENDMENT NO. 1
TO
PROJECT PARTNERSHIP AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF CLEARWATER, FLORIDA
FOR
DESIGN AND CONSTRUCTION
OF THE
STEVENSON CREEK ESTUARY
AQUATIC ECOSYSTEM RESTORATION PROJECT
THIS AMENDMENT NO. 1 is entered into this 12 day of QI(1A\GU, 2016, by and
between the DEPARTMENT OF THE ARMY (hereinafter the "Government "), represented by
the U.S. Army Engineer, Jacksonville District (hereinafter the "District Engineer "), and the City
of Clearwater, Florida (hereinafter the "Non- Federal Sponsor "), represented by its Mayor.
WITNESSETH, THAT:
WHEREAS, the Government and the Non - Federal Sponsor entered into a Project
Partnership Agreement on September 22, 2008 (hereinafter the "Agreement ") for design and
construction of the Stevenson Creek Estuary Aquatic Ecosystem Restoration Project (the
"Project "), at Clearwater, Florida;
WHEREAS, Section 1030 of the Water Resources Reform and Development Act
(hereinafter "WRRDA ") of 2014, Public Law 113 -121, amends Section 206(d) of the Water
Resources Development Act of 1996 (33 U.S.C. 2330(d)), to increase the amount of Federal
funds that may be allotted for a project at any single locality from $5,000,000 to $10,000,000;
WHEREAS, the initial construction contract for the Project was awarded on August 17,
2009 and physical construction of the Project was completed in May, 2014, but fiscal closeout of
the Project has not been completed; and
WHEREAS, on August 10, 2015, the Assistant Secretary of the Army (Civil Works)
specifically approved the application of the $10 million Federal participation limit to the recently
completed Project.
NOW, THEREFORE, the Government and the Non - Federal Sponsor agree to amend the
Agreement as follows:
1. The second WHEREAS clause of the Agreement is amended as follows:
(a) Strike "$25,000,000" and replace with "$50,000,000 ".
1
(b) Strike "$5,000,000" and replace with "$10,000,000 ".
2. Article I.K. of the Agreement is amended by striking "$5,000,000" and replacing with
"$10,000,000 ".
3. Article I.L. of the Agreement is amended by striking "$25,000,000" and replacing with
"$50,000,000 ".
4. Article VI.A.1. of the Agreement is amended by striking the current paragraph and replacing
with the following:
"1. As of the effective date of Amendment No. 1 to this Agreement, total project
costs are projected to be $ 10,124,600; the Non - Federal Sponsor's contribution of funds required
by Article II.B.2. of this Agreement is projected to be $3,177,600; the Non - Federal Sponsor's
contribution of funds required by Article II.C.2. of this Agreement is projected to be $0; the non -
Federal proportionate share is projected to be 35 percent; the Non - Federal Sponsor's
contribution of funds required by Article XVII.B.3. of this Agreement is projected to be $0; the
value included in total project costs for lands, easements, rights -of -way, relocations, and
improvements required on lands, easements, and rights -of -way to enable the disposal of dredged
or excavated material determined in accordance with Article IV of this Agreement is projected to
be $366,000; and the Government's total financial obligations for the additional work to be
incurred and the Non - Federal Sponsor's contribution of funds for such costs required by Article
II.H. of this Agreement are projected to be $0. These amounts and percentage are estimates
subject to adjustment by the Government, after consultation with the Non - Federal Sponsor, and
are not to be construed as the total financial responsibilities of the Government and the Non -
Federal Sponsor.
4. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1,
which shall become effective upon the date it is signed by the District Engineer.
DEPARTMENT OF THE ARMY CITY OF CLEARWATER, FLORIDA
/14(e-f-'776
Jason A. Kirk, P.E.
Colonel, U.S. Army
District Commander
Date: 1z l:EC 2O/6
— qu /l sAC^Q.
George N. Cretekos
Mayor
Date: 11 Iq' lc
2
CERTIFICATE OF AUTHORITY
I, e k • If
v k all, do hereby certify that I am the principal legal officer of the City
of Clearwater, Florida, that the City of Clearwater is a legally constituted public body with full
authority and legal capability to perform the terms of Amendment No. 1 to the Agreement
between the Department of the Army and the City of Clearwater in connection with the
Stevenson Creek Estuary Aquatic Ecosystem Restoration Project, and to pay damages, if
necessary, in the event of the failure to perform in accordance with the terms of this Amendment
No. 1 to the Agreement, as required by Section 221 of Public Law 91 -611, as amended (42
U.S.C. Section 1962d -5b), and that the persons who have executed this Amendment No. 1 to the
Agreement on behalf of the City of Clearwater have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of NI dv , 2016.
14 /it
am la Akin
City Attorney
City of Clearwater, Florida
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
_cte rt rrre\t@os
George N. Cretekos
Mayor
City of Clearwater, Florida
DATE: ( 1 19 1 1(