1st Amendment 07/16/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 25, 2008
TO:
Dave Koppel, County Engineer
Engineering Division
Pamela G. Han&
Deputy Clerk
FROM:
At the July 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of State Financial Assistance DEP Agreement No. LP6803
Amendment No. 1 between Monroe County and the Florida Department of Environmental
Protection (FDEP) concerning changes in project timeframe and grant manager.
Enclosed are three duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as
possible. Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance wlo document
File.!
._-"..,-,._-,~.._~- -'-'-~-,.,~~--_. ,',-
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6803
MONROE COUNTY
AMENDMENT NO. I
THIS AGREEMENT as entered into on the 22" day of June, 2007, between the FLORlDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Depanment") and
MONROE COUNTY (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended.
WHEREAS, the Grantee has requested an extension of the term of the Agreement in order to complete the
project as planned; and,
WHEREAS, it has been determined that an extension of time to complete the project would be in the best
interest of the State; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year 2006-2007 funds
supporting this Amendment beyond June 30" of each year is subject to the approval of the Governor's Office; and,
WHEREAS, the Grantee has requested an end date that extends beyond the current authorized funding
period; and,
WHEREAS, the Grantee understands that if the Governor's Office does not approve the Department's
request to certifY the funds forward, the Grantee will not be eligible for reimbursement for the activities covered by
the remaining unpaid State Fiscal Year 2006-2007 funds; and.
WHEREAS, additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
I. Section 2. is hereby revised to change the completion date of the Agreement from December 3 I, 2008, to
January 31, 2010, and to include the following language as a separate paragraph.
The Grantee understands and agrees that certification forward of the State Fiscal Year 2006-2007 funds
supporting this Agreement beyond June 30" of each year is subject to the approval of the Governor's Office.
2. Section 3. is amended to include the following paragraph.
Written approval from the Depanment'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.
3. 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
repons shall be submitted in conjunction with the Disbursement Request Package, descrihed in paragraph 3.B. If
advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 and on the
Advanced Payment - Interest Earned Memorandum, Attachment 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 Depanment (see paragraph IS). 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 Depanment's Grant Manager shall have ten (10) calendar days to
review deliverables submitted by the Grantee.
DEP Agreement No. LP6803, Amendment No. I, Page I 00
4. Section 14. is hereby deleted in its entirety and replaced with the following;
The Grantee's Grant Manager for this Agreement is identified below.
David S. Koppel, P.E.
BOO Simonton Street, Suite 216
Key West, Florida 33040
Phone: 305-292-4427
Fax: 305-292-4321
EmaiI: Konoel-davercilmonroecountv_n.l!ov
5. Attachment A, Project Work Plan, is hereby amended to include Attachment A-I, Revised Project Work
Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project
Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, and Attachment A-I, Revised Project
Work Plan.
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 INTENTlONALL Y LEFT BLANK
DEP Agreement No. LP6803, Amendment No. I, Page 2 of 3
This Amendment I to State Financial Assistance Agreement LP6803 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 Slate Financial 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 fonh below by the Deputy Director of the Department of Environmental Protection, Division of Water
Resource Management.
Date:
JUL 1 6 2008
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: /~ C
Deputy Director
Division of Water Resource Management
AUG 0 5 2008
Date:
., .......:...'...1.~..s....e.....A....t\.:.J............"'N Y 'A,OLHAGE
'......,.:. c. ~ l~
,'" ':- '~'-:' '..' " ,. -
: 'DEPUTY CLE'lK
MONM!: COUNTY ATTU
~VED~ .
A~rn:' . H ON
Date CO'!CjJ"tJJ1JYf
:::;: ~
= ',1
0 CJ =
Z :t.. ....
:::0 --, ".. .-~'
~ ~:~;~ c '~J
fT1 . en
",'.', ,--- N "~.'i
c) :..
C"J (-J N
.-.-.
.. ~. ~ :.':1
..
::JI:: -.]
.,
'-,j .r::- J
..
..-
.' N
CD
'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.
List of attachments/exhibits included as pan of this Amendment:
LellerlNumber
A-I
DEP Agreement No. LP6803, Amendment No. I, Page 3 of 3
ATTACHMENT A-I
REVISED PROJECT WORK PLAN
I. GRANTEE INFORMATION
Grantee: Monroe Coun
Pro' ed Title: Bi Co itt Re
DEP Grant #: LP6803
Florida
'onal Wastewater Treatment S stem
II. FUNDING PLAN
PROJECT BUDGET
Category of DEP Funds Total Matching Total Funding
Expenditure Funds
Professional Services None $1,800,000 $1,800,000
Construction & $9,602,000 $17,700,000 $27,302.000
Demolition
Land None $800,000 $800,000
Equipment $1,360,000 $2,500,000 $3,860,000
Total $10,962,000 $22,800,000 $33,762,000
III. SCOPE OF WORK:
No Change in the Scope of Work
IV. PROJECT MILESTONES:
An estimated project timeline for the treatment Dlant is as follows:
Initiation of Construction - December 10, 2007
Construction Completion - February 23, 2009
Project Close Out - August 23, 2009
An estimated project timeline for the forcemain and collection system is as follows:
Construction Start (Forcemain) - January 2, 2007
Construction Completion (Forcemain) - December I, 2007
Construction Completion (Collection System) - October 31, 2009
Project Close Out - January 31, 2010
DEP Agreement # LP6803. Amendment). Attachment A.I