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L. Wastewater Issues BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~RY Meeting Date: March 21, 2007 Division: Engineering Bulk Item: Yes No --L Department: Wastewater Staff Contact PersonIH1ooe#:EIizabcth WcxxV2924525 AGENDA ITEM WORDING: Approval to execute Florida Department of Environmental Protection (FDEP) Fiscal Year 2006-2007 Grant Agreement for $1O.962M. ITEM BACKGROUND: The State of Florida 2006-2007 General Appropriations Act, Chapter 2006- 25 Laws of Florida, included Specific Appropriation Number 1818 which appropriated $18M to Monroe County to fund the construction of wastewater projects and $2M to the City of Key West. The grant agreement requires a 60% match from local funds. Five million dollars was appropriated in FY06. Five million dollars is budgeted in FY07. Approximately $7M will be collected as connection fees. The required match of $16.4M is satisfied. PREVIOUS RELEVANT BOCC ACTION: On August 16,2006, the BOCC approved the allocation of $6.038M to the KLWTD, $IM to the City of Marathon, and $1O.962M to Monroe County. On October 18, 2006, the BOCC approved a resolution authorizing the negotiation of financial assistance agreements and direct processing of allocations from Specific Appropriation Number 1818 with the Key Largo Water Treatment District (KL WTD) in the amount of $6.038M and the City of Marathon in the amount of $IM by the Florida Department of Environmental Protection. CONTRACT/AGREEMENT CHANGES: NA ST AFF RECOMMENDATIONS: Approval. TOT AL COST: see contract summary BUDGETED: Yes 1L- No COST TO COUNTY:$ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No Year APPROVED BY: County Atty _ OMB/Purchasing isk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 11/06 AGENDA ITEM # Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator - Sewer Projects Date: 3/9/2007 Re: Approval to Execute FDEP Grant AGENDA ITEM WORDING: Approval to execute Florida Department of Environmental Protection (FDEP) Fiscal Year 2006-2007 Grant Agreement for $10.962M. ITEM BACKGROUND: The State of Florida 2006-2007 General Appropriations Act, Chapter 2006-25 Laws of Florida, included Specific Appropriation Number 1818 which appropriated $18M to Monroe County to fund the construction of wastewater projects and $2M to the City of Key West. The grant agreement requires a 60% match from local funds. Five million dollars was appropriated in FY06. Five million dollars is budgeted in FY07. Approximately $7M will be collected as connection fees. The required match of $16.4M is satisfied. PREVIOUS RELEVANT BOCC ACTION: On August 16, 2006, the SOCC approved the allocation of $6.038M to the KLWTD, $1M to the City of Marathon, and $10.962M to Monroe County. On October 18, 2006, the sacc approved a resolution authorizing the negotiation of financial assistance agreements and direct processing of allocations from Specific Appropriation Number 1818 with the Key Largo Water Treatment District (KLWTD) in the amount of $6.038M and the City of Marathon in the amount of $1 M by the Florida Department of Environmental Protection. CONTRACTIAGREEMENTCHANGES:NA STAFF RECOMMENDATIONS: Approval. U:\Engineering\Engineering\Wastewater\Agenda Items\WASTEWATER AGENDA ITEMS 2007\March\DEP Grant Agreement\Memo Approval to Waive PP - GSG.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FL - DEP Contract # LP6803 Effective Date: March 21, 2007 Expiration Date: December 31, 2007 Contract Purpose/Description: Pursuant to Line Item 1818 of the 2006-2007 General Appropriation Act, the Florida Department of Environmental Protection (DEP) shall pay on a cost reimbursement basis an amount not to exceed $1O.962M or 40% of all eligble project costs set forth in the Project Work Plan (Appendix A). Payment will be made by DEP upon receipt and acceptance of a completed Dispursement Request Package (Appendix B). Contract Manager: Salvatore Zappulla 292-4444 Budget - 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on March 21, 2007 Agenda Deadline: 3/06/07 CONTRACT COSTS Total Dollar Value of Contract: $ $31.162M Current Year Portion: $ 13-16M Budgeted? Yes~ No D Account Codes: 304-23000-530340-PE0602-_ Grant: $ 10.962 _-_-_-_-_ County Match: $ $5M _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Division Director Date In 3~1-()l) y 9-01 Changes Needed YesDNo~ YesD No~ YesD No~ YesD Nol&l SVz.:anne Date Out Risk Management o.MBJPurchasing County Attorney tllp.ot Comments: Total Funding of $33.762M is shown on Appendix A, II - Funding Plan. Professional Services (design) and Land (treatment plant site land acquisition) totaling $2.6M are not eligible for reimbursement. The estimated costs for construction of the page 1 of 2 (continued next page) forcemain, collection system, and treatment plant are $30M; the total eligible funding cost estimate reported to DEP was $31.162M. It is estimated that the treatment plant will cost approximately $7M to construct. The funding source for the treatment plant will be connection fees of $4500 used to secure an SRF Loan. A $5M advance was paid to FKAA in FY06. The Capital Budget has $5M in the Big Coppitt project in FY07. Depending on the speed of construction, it may be necessary to roll over a portion of the FY07 budget. Participation in the assessment program by vacant parcels, as well as final design costs and collection system/treatment plant construction bids will dictate additional FY08 budget requests to complete the Big Coppitt project. OMB Form Revised 2/27/01 MCP #2 STATE FINANCIAL ASSISTANCE AGREEMENT MONROE COUNTY DEP AGREEMENT NO. LP6803 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1818 OF THE 2006 - 2087 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and MONROE COUNTY, whose address is 1100 Simonton Street, Suite 213, Key West, Florida, 33040, (hereinafter referred to as "Grantee" or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the Monroe County Big Coppitt Regional Wastewater System project. In consideration of the mutual benefits to be derived berefrom., the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the tenns "Grantee", "Recipienf' and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2008, inclusive. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. 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 $10,962,000. The parties hereto agree that the Grantee is responsible for providing a local share sufficient to complete the construction of the project described in Attachment A. 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. B. The Grantee shall be reimbursed on a cost reimbursement basis 40 percent of all eligible project costs in an amount not to exceed $10,962,000, upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the disbursement form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Padage must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an autborized advance for incurred costs, invoices reflecting such costs must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and DEP Agreement No. LP6803, Page 1 of 6 (2) A certificatioD signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.f1dfs.comlaadirJreference%5FiUide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachmeat C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. If advance payment is authorized, tbe Grantee shall report (and document as required under paragraph 3 above and Attachmeat E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by tbe parties that the tenn "progress reports" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverabIes submitted by the Grantee. 6. The Grantee shall save and hold harmless and indemnify the State of Florida and the Department against any and all liability , claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this Agreement, resulting from the negligent acts of the Grantee, his subcontractor, or any of the employees, agents or representatives of tbe Grantee or subcontractor to the extent allowed by law. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the DEP Agreement No. LP6803, Page 2 of 6 Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9. A The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of fmancial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the Conn entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (fonn number DFS-A2-NS) that can be found under the "LinkslFonns" section appearing at the following website: bttp://l\PPS.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement, other tIum that work already committed by interlocal qreement dated September 6, 2005 to be adllliaistered by FKAA), without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. DEP Agreement No. LP6803, Page 3 of 6 12. The Grantee shall comply witb all applicable federal, state and local rules and regulations in providing services to tbe Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in aU subcontracts issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Tim Banks Bureau of Water Facilities FuDdiDg Florida Department of Enviroame.taI Protection 2600 Blair Stolte Road, MS 3505 TaUahassee, Florida 32399-2400 Phone: 850-245-8358 Fax: SSO-245-MIl Email: timothy.buks@dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identified below. Salvatore Zappulla IlOO Simoaton Street, Suite 213 Key West, Florida 33048 Phone: 385-292-4470 Fax: 305-2924515 EmaiI: Zappulla-Sal@moo.roecounty.ft.gov 15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by tbe Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shaU be responsible for submitting the information requested in the Interest Earned Memorandum (AttacbmeDt E) and the Advance Payment Justification Form (AttachmeDt Ii') to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or DEP Agreement No. LP6803, Page 4 of 6 insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is oot protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to tbe Department, for the protection of his employees oot otherwise protected. Pursuant to tbe September 6, 2005 iDterlocal agreement, FKAA shall carry Work.ers' Compensation Insurance. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of seMces required. 19. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non-expendabIe personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment G, Property Reporting Form, DEP 55-212, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A The Grantee shall have use of the non-expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non-expendable personal property or equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, oon-expendabIe personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21. A No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 22. Land acquisition is not authorized under the terms of this Agreement. 23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced DEP Agreement No. LP6803, Page 5 of 6 to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6803, Page 6 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Mayor By: Acting Director Division of Water Resource Management Date: Date: Grant Manager FEID No.: "For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Attachment Attachment Attachment Attachment Attachment Letter/ Number A B C D E F Description (include number of pages) Project Work Plan (2 Pages) Disbursement Request Packa2e (3 Paj;tes) Progress Report Form (2 Pages) Special Audit Requirements (5 Pal'tes) Advance Payment - Interest Earned Memorandum (I Page) Advance Payment Justification Form (3 Pa,Res) DEP Agreement No. LP6803, Page 7 of 6 ATTACHMENT A PROJECT WORK PLAN I. GRANTEE INFORMA nON Grantee: Pro' ect Title: DEP Grant #: Florida ional Wastewater Treatment S stem II. FUNDING PLAN PROJECT BUDGET Cateeory of Expenditure DEP Funds Total Matchine Funds Total Fundin!!: Professional Services None $1,800000 51,800 000 Construction & Demolition 59,602 000 $17,700 000 527.302.000 Land None 5800,000 5800,000 Equipment 51,360,000 52,500 000 53 860,000 Total 510,962,000 $22,800,000 533,762,000 1lI. SCOPE OF WORK: In order to qualify for funding, the recipient must document that the wastewater project: ..r Is designed to meet the wastewater treatment and disposal requirements in chapter 99-395, Laws of Florida, as amended; ..r Is included in the Monroe County Sanitary Wastewater Master Plan or other formally adopted planning document addressing engineering and financing; ..r Involves exclusively construction or design-build; ..r Has been openly procured among contractors qualified to build wastewater facilities in the physical environment of the Florida Keys; ..r Is to be located on sites acquired no later than March 1,2007; ..r Will initiate construction no later than May I, 2007; ..r Will result in the completion of entire facilities or significant phases of facilities; ..r Leverages other moneys (local funds, including local bonding; Department of Environmental Protection State Revolving Fund loans; or other sources of money) to the maximum extent possible; ..r Shall provide at least a 60 percent match from any other sources except a direct line item appropriation from the State Legislature. ..r Has in place a system of user charges, fees, assessments, or other funding mechanisms to pay for the completion of construction and long-term operation and maintenance of the project; and ..r Provides mechanisms to ease the cost-burden ofthe project on low-income residents. Advanced Wastewater Treatment (A WT) service, as defined in Chapter 99-395 Laws of Florida, is scheduled to be available to the Big Coppitt Key Wastewater Service Area by September 2008. Wastewater treatment will occur at a 0.325 million gallons per day (MGD) wastewater treatment plant (WWTP) located within the Rockland Key Industrial Park. Effluent disposal will occur via two, 90-feet injection wells and/or industrial, residential, or public re-use. N:\Legislative Projects12006-2007\Projects\LP6803\Agreement\ATTACHMENT A (3) Corrected by DEP 6803 ] 292007.doc 2/1/2007 The Big Coppitt Wastewater District consists of the following five service areas: Rockland Gulf, Rockland Ocean, Big Coppitt, Shark Key, and Geiger Key. A collection system for each service area will tie into a transmission main along US I that conveys the wastewater to the WWTP at MM 8.5. Approximately 80,000 feet of collection system piping, 13, 000 feet of transmission main, and 25 pump stations will be installed for the project. The Florida Legislature has authorized actions by Monroe County and the Florida Keys Aqueduct Authority (FKAA) to provide adequate wastewater treatment to protect the environment and health, safety and welfare of landowners and persons inhabiting the Florida Keys. The County and FKAA entered into an Interlocal Agreement (ILA) setting forth commitments to achieve the 2010 deadline for meeting the treatment and disposal requirements in Chapter 99-395. Under the ILA, the FKAA shall administer the procurement process for the design and construction of the wastewater systems. FKAA is tasked to provide construction management of each project to insure its expeditious and economic construction. The FKAA provides assistance to the County as necessary to obtain grant and borrowed funding. The FKAA Design Engineers provide final project plans and specifications, pennitting, engineering estimates, bid documents, and tabulation for Contractor selection. IV. PROJECT MILESTONES: An estimated project timeline for the treatment plant is as follows: December 31, 2008 An estimated project timeline for the forcemain and collection SYstem is as follows: Milestone Date Contractor Selection - Collection System February 28,2007 Basins Construction Start - Forcemain March 31, 2007 Construction Completion - Forcemain July 31 2007 Construction Completion - Collection System September 30, 2008 Basin Proiect Close-Out December 3 I, 2008 Additionally, Monroe County must document the following by May 31,2008: I) A system of user charges, fees, assessments, or other funding mechanisms to pay for the completion of construction and long-term operation and maintenance of the project is in place, and 2) A mechanism has been established to ease the cost burden ofthe project on low-income residents. N:\Legislative Projects\2006-2007\Projects\LP6803\Agreement\ATTACHMENT A (3) Corrected by DEP 6803129 2007.doc 2/1/2007 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants I. 2. 3. 4. Grantee/Recipient Project Number MONROE COUNTY LP6803 Date of Request Required Match % Disbursement Request Number Type of Request: o Final Partial 5. Federal Employer Identification Number o 6. Mail o EFT o Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) I. Planning (attach invoices) $ 2. Engineering (attach invoices) 3. Construction and Demolition (attach invoices) 4. Technical Services during Construction (attach invoices) 5. Other (list - must be specified in agreement) 6. Total cumulative to date $ 7. Disbursements previously requested $( 8. Amount requested for disbursement (line 6 minus line 7) $ Requests for Invoices already Paid: 1) Copy of Invoice 2) Proof of Payment Requests for Invoices not yet Paid: I) Copy ofInvoice 2) Advance Payment Justification (one per quarter) 3) Advance Payment - Interest Earned (after initial advance) *If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. LP6803, Attachment B, Page I of 3 Grant Manager's Certification of Disbursement Request I, (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Grantee is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. S. All permits and approvals required for the construction which is underway have been obtained. (Signature of Grant Manager) (Date) DEP Agreement No. LP6803, Attachment B, Page 2 of 3 Engineer's Certification of Disbursement Request I, (name of Professional Engineer) , being the Professional Engineer retained by (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: , am responsible for overseeing construction of the 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point ofthis disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date) (p.E. Number) DEP Agreement No. LP6803, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP A2reement No.: LP6803 Grantee Name: MONROE COUNTY Grantee Address: Grantee's Grant Manager: I Telephone No.: I Quarterly Reportin2 Period: Pro.iect Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP6803, Attachment C, Page I of2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project budget update, comparing the project budget to actual costs to date. Expenditures I Prior to this Expenditures Total Project Reporting this Reporting Project Funding Budeet Cateeory Budeet Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP6803 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP6803, Attachment C, Page 2 of2 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-B3, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the DePartment to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB Circular A-B3, as revised. I. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-B3, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46,245.173/cfda/cfda.html. PART ll: STATE F1JNDED This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit DEP Agreement No. LP6803, Attachment D, Page 1 of 5 organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State fmancial assistance expended in its fiscal year, the recipient shall consider all sources of State fmancial assistance, including State [mancial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nons tate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a [mancial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. lfthe recipient expends less than $500,000 in State [mancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httos://aops.fldfs.comlfsaa/ or the Governor's Office of Policy and Budget website located at http://www.ebudget.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/Welcome/index.cfm, Governor's Website http://www.myfIorida.coml, Department of Financial Services' Website http://www.fldfs.comland the Auditor General's Website http://www.state.fl.us/audgen/pages/flsaa.htm. PART ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 41 3900 Connnonwealth Boulevard Tallahassee, Florida 32399-3123 B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the munber of copies required by Sections .320 (d)(1) and (2), OMB Circular A-B3, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 DEP Agreement No. LP6803, Attachment D, Page 2 of 5 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting package descnbed in Section .320(c), OMB Circular A-B3, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address; Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 41 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3123 3. Copies of financial reporting packages required by PART II of this Attaclunent shall be submitted by or on behalf of the recipient directly to each of the following; A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 41 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3123 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 11 I West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attaclunent shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address; Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 41 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3123 5. Any reports, management letters, or other infonnation required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6803, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6803, Attachment D, Page 4 of 5 .... I t:: ~ liIil 6 .~ ~ 2 'j:; ~ .s p- 0 U')81i5 8:U < .... a 0 a < ~ ;.a I::i ::l ~ 0 ~ +: i E::: ~ = Q U l";I;, G.I .cl .... .... 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VI ---13)..; <: -E 0 ~..cg u.;! 6 ---..cu o ~ o ... 0 Iii <B ;s ti m .;;; ~ ,5 m 0 <: e- "0 o ::l 2 'f;; -e- ~ Q) tf.l ._ a 8] 8 .~ .~ 'ami l:1 0 0 "O~o o ~ .~ ""' o e:l - 0Il.::s !j o ~'a '.S =!'o oj!+:: ~ U q) 01il1l ;SUj- .S~$ 1h:; "0 re I::i 0 5 ~ 'S ~::;:; g' "0 ... :l t9 "5 ~~~ ,!:l r5 >. ::l___1::i g'o<: ... 0 ~~~ 6iJ ';;; 0 o m ~ IS. <: <n _ 0 o e:l 0 ;S '0 .~ ;S~m .~ ii:; '0 o .0:50 ~ U') g. 8 '0 ~ :;;~~ ..cl-.f;:I m ~ 6 fiuu 'So] 0 '0 0 ;S ~~ o 0.5 ;S;S"O o' 6 .:5 6;0.2 .0 Iii 0 e:l ,S "070 ~<E!a ',p 0 !j>"O "Oo~ .- .::l m a..co ~ :€1 .0 e ~ .8 P-o ~ ~> ] ~ <: S ~ on ..... o on ~ e:l j:l.. 0" fi Jj o ~ <: ..... o 00 \0 j:l.. ....:l ci z fi E o o 6h <: j:l.. u:i CI ATTACHMENT E ADVANCE PAYMENT -INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COpy OF TillS REQUEST TO: FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the tenus of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed 1. Advanced funds principle expended or returned by contractor covering period of to $ $ 2. Balance advance funding principle available $ 3. Interest earned on advanced funds covering period of to $ 4. Amount of interest paid to DEP as of $ 5. Interest balance due to DEP as of $ (project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the fust three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1,2,3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. In all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. LP6803, Attachment E, Page 1 of 1 ATTACHMENT F ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined In Section 287.017, Florida Statutes, and meet one of the advance payment requirements Identified in Section 215.422(14), Florida Statutes, use of this form Is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. (If known): LP6803 Commodities/Services/Project Description: Organizational Structure (I.e. local oov't. non-orofit co roo ration etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: o 90 days startup I 0 Full Contract Period o Ouarterlv o other (soecifv): Indicate Statutory Authority: o 215.422, F.S I 0 216.181, F.S. GAA Year and Line Item Info: SFY: I T Line Item: r 1. Reason advance payment Is required: 2. The fOlloWing Information required for advances requested pursuant to 215.422, Florida Statues (and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of cateaorv two as defined in 287.017. Florida Statues. A. Document, If applicable, the cost savings to be Incurred as a result of an advance payment that are equal or greater than the amount the State would earn by Investing the funds and paying in arrears. Include the percent (%) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, Information may be obtained from the Department of Insurance, Division of Treasury at 850/413-2776 or SunCom 293-2776 regarding the current Treasury earnings rate. B. Document, If applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. LP6803, Attachment F, Page 1 of 3 C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non-Profits pursuant to 216.181, Florida Statutes. (limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Aoorooriation Cateaories 05XXXX or 14XXXXl A. The entity acknowledges the requirement to invest advance funds in an Interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity Intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be Identified as Interest earnings on advances, 2) must Identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315-3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55-222 (03-02) DEP Agreement No. LP6803, Attachment F, Page 2 of 3 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, If authorized (specify Items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth Quarter Ouarter Salaries (identifY oersonnel/titleSf Frinae Benefits Contractual Services (list services and estimated costs) EqUipment (identify each Item and cost) Suoolies Travel Other (soecitVf Overheadnndirect Total: Certification Statement The forgoing information Is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or desianee DEP Proaram Area Review/Aooroval Recommendation: o Approve Request o Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State ComptrOller for review and lealslature consultation as aooronriate. Bureau of Finance & Accounting Use Only DEP 55-222 (03-02) DEP Agreement No. LP6803, Attachment F, Page 3 of 3 CJ I ~ < a 00 IC__ Q., t:: ...:l ~ .,.Q o s Z ;:I f-oZ Z'O ~~ ~ Q ~U ~-f <8- Q., f ~Q., ~'i ~~ o_ r.. '" ~~ 0$ r.. ~ ~c3 ~~ ~~ Q.,-f ~8- ~~ ~ "" ~ Q Q.,e ~ Q., "0 "0 5 fa'~ s"'..... ... l:l 0 O.a c 0"00 ~~fi - 0 > ~'<:l I:: o:l .- bO",<> ..5 ,S2 05 ~tft: t.> 0 2 ..r ~ tt" il 0... s8::a EOj.o th.U ~ <"'I:: '" <> o:l :.go5.... <> il i!! *8< ii '" "0 .:.g tiC' Q,Et) =.0"0 :::l ;: 9 .cU .... 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"'- a ~ ., .,s ..... o S. ..r::: ~ ~ o c ~ ~ 2 ~ ., .,s ~ c o .,s'g ::i '" bOil ~i Jj ~t ~ 0 -It ~ ., >';5 ..0>, 11..0 'S 11 e'g. bOl2 .S bO '" C ~ 'Ci) g ~ s'E o Co Z 0 ..z 0.. ~1-< ~~ ow o ~~ ~::E ....;>- w~ Uw ~Q., ~~ ~Q., Q.,Q., UJUJ ClCl '+-< o ~ aI p.., d 5 s 'fi aI :j:j --< M o 00 \.0 p.., ~ o z ..... l:: Q) E Q) ~ --< p.., p.,) o BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Division: Engineering Bulk Item: Yes No --L Department: Wastewater Staff Contact PersonIFhooe #:EIizabcth WcxxV2924525 AGENDA ITEM WORDING: Approval to waive purchasing policy to pay an invoice for $7K from Government Services Group, Inc. (GSG) for the preparation and certification of the Fiscal Year 2006- 2007 South Stock Island capacity reservation fee tax roll. ITEM BACKGROUND: Assessment programs require initial development of the tax roll, as well as annual preparation and certification to the tax collector. GSG was providing assessment services for the Solid Waste Management Department at the time the development of the Phase 1 Assessment Program for Stock Island was needed. A Professional Services Agreement with a Scope of Services for the initial development of the tax roll was drafted and approved by the County Attorney but never executed. The fee for development of the initial Fiscal Year 2004-2005 assessment roll was $20K. The fee for annual maintenance and certification of the Fiscal Year 2005-2006 assessment roll was $7K. Since the cumulative expenditure exceeds $25K, future annual services must be performed under a properly procured contract for continuing services. The Fiscal Year 2006-2007 was certified to the tax collector by GSG. Please refer to attached September 15, 2006 confirming the Fiscal Year 2006- 2007 services were provided. Since the cumulative expenditure exceeds $25K, approval to waive purchasing policy is necessary to pay the invoice. Annual preparation of the South Stock Island capacity reservation fee tax roll will be included in the Request for Proposals for the initial preparation of the tax roll for the Big Coppitt, Duck Key, and Cudjoe Summerland Sewer Areas. A professional services agreement with additional services procured on a proposal basis is anticipated. PREVIOUS RELEVANT BOCC ACTION: On February 18, 2004, the BOCC adopted Resolution 094-2004 which set the interest amount for collection of wastewater assessments under Ordinance No. 027-2003. The previous County Administrator was given authority to proceed with the Scope of Services provided as back-up; however, the authority to review and approve proposals for annual services was not documented. CONTRACT/AGREEMENT CHANGES: NA ST AFF RECOMMENDATIONS: Approval. Page 1 of 2 TOT AL COST: $7K BUDGETED: Yes 1L- No COST TO COUNTY:$ $7K SOURCE OF FUNDS: MSTU REVENUE PRODUCING: Yes -L No AMOUNT PER MONTH_ Year _$55K_ APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 11/06 AGENDA ITEM # Page 2 of 2 (Cont.) Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator - Sewer Projects Date: 3/9/2007 Re: Approval to Pay Invoice for Fiscal Year 2006-2007 Tax Roll Certification AGENDA ITEM WORDING: Approval to waive purchasing policy to pay an invoice for $7K from Government Services Group, Inc. (GSG) for the preparation and certification of the Fiscal Year 2006-2007 South Stock Island capacity reservation fee tax roll. ITEM BACKGROUND: Assessment programs require initial development of the tax roll, as well as annual preparation and certification to the tax collector. GSG was providing assessment services for the Solid Waste Management Department at the time the development of the Phase 1 Assessment Program for Stock Island was needed. A Professional Services Agreement with a Scope of Services for the initial development of the tax roll was drafted and approved by the County Attorney but never executed. The fee for development of the initial Fiscal Year 2004-2005 assessment roll was $20K. The fee for annual maintenance and certification of the Fiscal Year 2005-2006 assessment roll was $7K. Since the cumulative expenditure exceeds $25K, future annual services must be performed under a properly procured contract for continuing services. The Fiscal Year 2006-2007 was certified to the tax collector by GSG. Please refer to attached September 15, 2006 confirming the Fiscal Year 2006-2007 services were provided. Since the cumulative expenditure exceeds $25K, approval to waive purchasing policy is necessary to pay the invoice. Annual preparation of the South Stock Island capacity reservation fee tax roll will be included in the Request for Proposals for the initial preparation of the tax roll for the Sig Coppitt, Duck Key, and Cudjoe Summerland Sewer Areas. A professional services agreement with additional services procured on a proposal basis is anticipated. PREVIOUS RELEVANT BOCC ACTION: On February 18, 2004, the sacc adopted Resolution 094-2004 which set the interest amount for collection of wastewater assessments under Ordinance No. 027-2003. The previous County Administrator was given authority to proceed with the Scope of Services provided as back-up; however, the authority to review and approve proposals for annual services was not documented. U:\Engineering\Engineering\Wastewater\Agenda Items\WASTEWATER AGENDA ITEMS 2007\March\GSG Invoice\Memo Approval to Waive PP- GSG.doc March 9, 2007 CONTRACTIAGREEMENTCHANGES:NA STAFF RECOMMENDATIONS: Approval. Page 2 of 2 Attachment 1 Proof that the Fiscal Year 2006-2007 Tax Roll was created G s G pub}ic sector fundi'?!} ~ service solutions GOVERNMENT SERVICES GROUP, INC. September 15, 2006 L~U 1TT:: Via Facsimile Ms. Liz Wood, Senior Administrator, Sewer Projects Monroe County 1100 Simonton Street, Suite 2-216 Key West, FL 33040 --...."" '""""'..-.....---"..'" """-"'-- -'-'.->" . Re: Monroe County/Stock Island Assessment Program Dear Ms. Wood: This is a reminder for the County to send the enclosed certificate to the non-ad valorem assessment roll to the Monroe County Tax Collector. The Monroe County Tax Collector must receive the certificate by Friday, September 15, 2006 in order to comply with the statutory requirement of the Uniform Assessment Collection Act. In order to provide a clear record of the certification process for future reference, we ask that the County send a certified copy of this certificate to the County Tax Collector and retain a copy of the County's transmittal letter for the certificate. For your information, below are the number of records and total assessment revenue amount that the County should certify: Parcel Count 72 Total Assessment $55,172.97 Please send the letter to the Tax Collector by September 15, 2006 at P.O. Box 1129, Key West, Florida 33041 or fax it to (305) 295-5021. If you have any questions regarding the certification process, please do not hesitate to call me at (850) 681- 3717. Sincerely yours, ~~ Camille P. Tharpe Senior Vice President CPT/sm 1500 Mahan Drive, Suite 250 I Tallahassee FL 32308 i T 850.681.3717 I F 850.224.7206 280 Wekiva Springs Rd. I Protegrity Plaza, Suite 203 Longwood FL 32779 i T 407.629.6900 I F 407.629.6963 Attachment 2 February 16, 2004 Scope of Services for Stock Island Utility Assessment Program GSG 1f''''''O\t~rn...... J\1. C;;:C 1-\" k"r;"o 1~1."".JJt+ THt~. Government Services Group, Inc. Dedicated to solving funding and service delivery issues in the public sector 1500 Mahan Drive, Suite 250 . TeHahassee, FL 32308. Phone (850) 681-3717 . Fax (850) 224-7206 . E-mafl.. gsg@govserv.com February 16, 2004 VIA ELECTRONIC TRANSFER Mr. Jim Roberts County Administrator Monroe County 51 00 College Road Key West, FL 33040 Re: Monroe County Scope of Services: Stock Island Utility Assessment Program Dear Mr. Roberts: This correspondence is written to present a proposal for Government Services Group, Inc. (GSG) to provide specialized assistance to Monroe County (County) and its staff in the billing and collection of Stock Island Utility Assessments using the tax bill collection method for Fiscal Year 2004-05 based on the County's existing assessment methodology and assessment rates. This scope of services assumes that GSG will use the financial information and calculations developed by PFM for the proposed assessment rates and will depend on the County for the proper allocation of EDUs for each parcel of property within the assessment area. Also, the County will obtain legal assistance regarding the necessary implementation documents for the proposed assessment program. Accordingly, Appendix A is a scope of services that focuses on the creation of a Fiscal Year 2004-05 assessment roll and certification to the Monroe County Tax Collector by September 15, 2004. In addition, first class notices must be prepared and mailed for the assessment area in conformance with section 197.3632, Florida Statutes. We have attached as Appendix B, a list of the project deliverables and a delivery schedule,as well as a payment schedule. Upon notice to proceed, we will immediately develop, and update periodically, a detailed critical events schedule and a schedule for project deliverables tailored to the specific circumstances unique to the County. For services provided by GSG, we will work under a lump sum professional fee arrangement described in the attached scope of services on a percent-completed basis. A lump sum method of compensation eliminates any uncertainty in the total fee. This proposal assumes that the County will provide assistance in any fieldwork verification and that GSG will be responsible for oversight of the fieldwork. However, if the County '\-~\ , 'Mr. Jim Roberts February 16, 2004 Page 2 determines that it cannot conduct the fieldwork, GSG will supply an additional proposal and fee to provide these services. We look forward to working with you and the County on this very important project. If you have any questions, please feel free to telephone me. Sincerely, Camille P. Tharpe /cpt Enclosures APPENDIX A SCOPE OF SERVICES APPENDIX A PROPOSED SCOPE OFsERWCEs Task 1: Project Initiation GSG will meet with County staff to finalize the goals and objectives of the entire project. This may be accomplished by telephone conference. Task 2: Prepare Fiscal Year 2004-05 Assessment Roll GSG will obtain information from at least two sources of data to prepare the Fiscal Year 2004-05 Stock Island Utility Assessment roll as follows: · Monroe County assessment database for the Stock Island assessment area · Most current working files from the ad valorem tax roll from Monroe County Property Appraiser GSG will use these files to perform the following tasks: · Download the files from the ad valorem tax roll to develop a preliminary electronic database of properties based on their assignments by the Property Appraiser. · Merge the requisite databases into a preliminary electronic database of properties to comport with the requirements of the assessment methodology. · Use a series of queries and selection criteria to identify properties requiring further evaluation and fieldwork analysis. · Determine geographic areas to be included within the assessment program and the parcels within those geographic areas. · Determine the total number of billing units based on the apportionment methodology and determine revenue generation. Task 3: Assist with rate adoption process in conformance with the Uniform Assessment Collection Act GSG will advise and assist with the legal requirements for the adoption of the final assessment rate( s) and certification of the assessment roll( s) in accordance with section 197.3632, Florida Statutes, including: (a) the development of the first class notice and its distribution (if required), (b) publication of the public hearing, and (c) the certification of the assessment roll to the Monroe County Tax Collector. Task 4: Certify assessment roll Prior to the certification of the assessment roll, GSG will provide a test file of the assessment roll to the Monroe County Tax Collector to ensure electronic compatibility. A-1 Once the County has approved the assessment roll, GSG will certify the assessment roll in conformance with section 197.3632, Florida Statutes. Task 5: Provide Scope of Services for Annual Maintenance of Database GSG will provide a scope of services and fee for providing annual services to the County in the daily maintenance of the Stock Island Utility Assessment roll. Such services could include off-site maintenance and administration of the database by which the County will have browser-based access. The maintenance services would include the preparation of enhanced ability for maintenance and calculations for the County's Stock Island Assessment program along with proforma analysis to determine the impact of future rate increases. In addition, GSG could provide GSG could also develop a web site for inquiry by the community regarding assessment amounts. Proposed Fees The lump sum fee for the proposed scope of services is $20,000. The lump sum fee includes expenses related to actual costs associated with photocopies, long distance telephone charges, overnight delivery services and travel-related expenses. A lump sum method of compensation eliminates any uncertainty in the total fee. Special Note: The lump sum fee does not include the costs of producing and mailing the first class notices. These costs depend on the number of assessable parcels of property within the County. However, mailing and production costs are $1.25 per parcel and are due and payable upon adoption of the preliminary assessment resolution. Including one on-site visit by GSG to conduct data collection, the lump sum fee for professional services includes an aggregate of four total on-site visits to the County by GSG staff to meet with elected officials or property owners, if required. Meetings in excess of those contemplated may be arranged at our standard hourly rates. Additional Services In recognition that GSG is an organization dedicated to providing specialized assistance to local governments in developing innovative and efficient solutions to public sector issues, we shall, on an hourly or negotiated fee basis, also be available to provide additional services to the County on finance, revenue or other local governmental matters. Such services may be provided under a written change order, extension to this scope of services, or by separate agreement based on the following standard hourly rates. A-2 STANDARD HOURLY RATES Position Rate(j) Chief Executive Officer Consultants System Analyst Data Base Analyst $225 $150 $135 $125 CDGSG has used reduced hourly rates for pricing this work plan. A-3 APPENDIX B DELlVERABLES AND PAYMENT SCHEDULES DELlVERABLES AND PAYMENT SCHEDULES Deliverable Schedule Notice to Proceed February 2004 Create FY 2004-05 Assessment Roll March - August 2004 Certify FY 2004-05 Assessment Roll September 15, 2004 The lump sum fee will be due and payable on the following basis (assuming notice to proceed occurs by March 1, 2004) as follows: Payment 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee Schedule March 2004 May 2004 July 2004 September 2004 8 -1