HomeMy WebLinkAboutL. Wastewater Issues
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/21/1 0
Division: Administrator
Bulk Item: Yes No X
Department: Wastewater
Staff Contact PersonlPhone #: Elizabeth W ood/292-4525
AGENDA ITEM WORDING: Wastewater status report.
ITEM BACKGROUND: N/ A.
PREVIOUS RELEVANT BOCC ACTION: N/ A.
CONTRACT/AGREEMENT CHANGES:N/ A.
STAFF RECOMMENDATIONS: N/A.
TOTAL COST:
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
En2ineerim!: Division - Wastewater Proiects - March 2010 Status Report - April 21. 2010
Keys Wastewater Plan (KWP) Implementation
. Reviewed proposed wastewater bills including SB 550, SB 2018, and HB 7191 and tracking
through legislative process.
. FKAA submitted Work Plan for Decentralized Wastewater Treatment Demonstration Project
Grant (onsite system funding) to EP A.
. Lateral Assistance Status
In October 2009, Mayor requested sewer hook-up scoring be prioritized in the Small Cities
competitive grant program. Small Cities Rule proposed classifying sewer hook-ups as a
neighborhood revitalization activity which would not improve the competitiveness of the grant
application. County and Marathon staff, consultants and lobbyists participated in rule hearing
and described the issues of concern associated with the proposed rule change. A follow-up
conference call was held by DCA to address local concerns.
DCA and HUD are determining if de-obligated funds from the Wilma Disaster Recovery
program can be allocated for Florida Keys lateral assistance proj ects. Staff provided reports,
data, and exhibits to the Housing Authority for preparation of a briefing book to further
demonstrate need.
Facilitated DCA site visit of Big Coppitt service area to impress upon DCA staff the need for
lateral assistance. DCA staff indicated this was very helpful in overcoming the perception that
the Florida Keys consists primarily of vacation homes.
N on-Ad Valorem Assessments
. Cudjoe Regional assessment program focus is calculating EDU allocations for properties with
special conditions and refreshing data with 2009 Property Appraiser records with the intent of
being prepared to notice properties as soon as possible if construction funding becomes available.
. Managed system development fee assessment pay-offs, appeals, tax roll corrections and refunds
for the Big Coppitt, Duck Key, and Stock Island Programs. Loaded Stock Island assessment data
into database. Resolving EDU allocation correction request.
. Began file review to address appeals.
Key Lar20 Wastewater Treatment District
. Key Largo Sewer - Monroe County site inspector overseeing construction on KLWTD projects to
ensure compliance with County road restoration requirements, including attending pre-
construction meetings with contractors, inspecting road repairs, meeting with contractors to
determine repairs and replacement of county road signs in proj ect area.
Duck Key/Conch Key
. FKAA awarded construction upgrade and expansion contract to Encore Construction. Progress
meeting 1 held March 31,2010.
. Duck Key collection system design is complete and permitted. Working with FKAA and OMB to
identify available funding to construct Phase 1 of the collection system. Cudjoe Regional expanded
design suspended and budget shifted to construction.
. 73% of 150 EDUs at Conch Key are connected to system.
Wastewater Report - April 17, 2010 BOCC meeting
Page 1 of2
South Lower Keys Re2ional Wastewater Treatment Facility (Bi2 CODDitt)
. Submitted amended Grant Work Plan necessary for final disbursement under FDEP Grant
LP6803.
. Submitted final payment for Higgins and ADB.
. Revising Loan Draw #8 to include Giannetti Application #13 and Wharton Smith final payments.
. Compiling contract close-out documents to facilitate final reimbursements.
. Addressed property owner questions related to lateral connections and building permits.
. FKAA reports 819 out of 1704 EDU s connected.
. Coordinating with FKAA to address property owner complaints.
Cudioe Re2ional Wastewater Treatment Facility
. Staff attended Lower Sugarloaf homeowners meeting to provide update on Cudj oe Regional
system and coordination efforts between various agencies.
. Submitted request to DOT to surplus property at three locations for the Cudjoe regional pumping
stations, per DOT's guidelines.
. Cudjoe Regional WWTP 60% design review complete. Easement, power, water, and transmission
line routing issue being resolved.
. Cudjoe transmission main 30% design review complete. Feasibility of Niles Channel crossing
established.
. Cudjoe Regional (central) 90% design review complete. DEP and DOT permit applications to be
submitted in April 2010. Draft Wastewater Master Specifications under review by FKAA.
. Cudjoe Regional (expanded) 30% design drawings under review.
Stock Island
. Approximately 82% of the 2,672 EDUs served by the initial gravity collection system and Phases 1-3
of the expanded vacuum system are connected. Code enforcement meetings are held monthly and
fines are being imposed if design, permitting, and connection deadlines are not met.
. Supported County Attorney's office as needed with Roy's Trailer Park assessment case.
West Lon2 Key
. Meeting held with property owners on West Long Key to present option of connecting adjacent
properties to Outdoor Resorts treatment facility as opposed to upgrading approximately 20 onsite
systems. Level of subsidy will determine which option is more attractive to residents.
Wastewater Report - April 17, 2010 BOCC meeting
Page 2 of2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/21/ 10
Division: Administrator
Bulk Item: Yes No -X-
Department: Wastewater
Staff Contact Person/Phone #: Elizabeth W ood/292-4525
AGENDA ITEM WORDING: Approval of Amendment 2 for Florida Department of Environmental
Protection (FDEP) Wastewater Grant LP6803.
ITEM BACKGROUND: Amendment 2 is required to change the budget allocation from Equipment
to Construction.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved Amendment 1 to extend the project
timeframe and revise the grant manager on July 16, 2008. The effective date was the same as the
original agreement. BOCC approved the original grant agreement on March 21,2007.
CONTRACT/AGREEMENT CHANGES:N/A.
STAFF RECOMMENDATIONS: Approval as stated.
TOTAL COST:
$0
INDIRECT COST:
BUDGETED: Yes 1L-No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
fJfMOUNTPERMONTH_ Year
OMB/Purchasing _ Risk Management _
APPROVED BY: County Arty _
DOCUMENTATION:
Inc luded
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
FDEP
Contract #
Effective Date:
Expiration Date:
LP6803
FDEP Signature Date
January 31, 2011
Contract PurposelDescription:
This amendment extends the project date of completion to January 31,2011 and revises
the category of expenditure to construction & demolition only. The financial assistance
amount of $10.962 million and required match of 60% are unchanged.
The total value of the contract is based on the match obligation of the grant rather than
actual construction contract amounts. The account code for this grant when it was
initially established was 304-23000-530340-PE0602.
Contract Manager: Elizabeth Wood
(Name)
4525
(Ext. )
Wastewater/#1
(Department/Stop #)
for BOCC meeting on
April 21, 2010 Agenda Deadline: ADriI6, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,405,000
Budgeted? Yes[g] No D Account Codes:
Grant: $ 10,962,000
County Match: $ 16,443,000
Current Year Portion: $ 860,711
310-23006-530340-PE0807 -_
- - - -
-----
- - - -
-----
- - - -
-------
ADDmONAL COSTS
Estimated Ongoing Costs: $NAlyr For: FKAA will maintain and operate
under ILA
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director I..;-! '3- )i j YesD NoD
Date Out
YesDNO~
YesD No1[]
~ ~ /3'C:YdZ'
Risk Mana~ent ~ ~- L3' f 0
fJLL ~ l(
O.M.B.lPur a~g 4,,2. -\0
County Attorney ~ YesD NoU;V
Comments: I
OMB Form Revised 2/27/01 MCP #2
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6803
MONROE COUNTY
AMENDMENT NO.2
THIS AGREEMENT as entered into on the 27th day of June, 2007, and amended on the
5th day of August, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the "Deparbnent") and MONROE COUNTY
(hereinafter referred to as the "Grantee" or "Recipient") is hereby amended.
WHEREAS, due to reallocation of budget; and,
WHEREAS, the Grantee has requested an extension of the term of the Agreement in
order to complete the project as planned; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year
2006-2007 funds supporting this Amendment beyond June 30th 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
Deparbnent'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, it is necessary to reinstate this Agreement and extend it in order to
allow the Grantee to complete the project; and,
WHEREAS, additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. is hereby revised to change the completion date of the Agreement from
January 31, 2010, to January 31, 2011, 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 30th of each year is subject to the
approval of the Governor's Office.
2. 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
DEP Agreement No. LP6803, Amendment No.2, Page 1 of 3
reporting period. Progress reports shall be submitted in conjunction with the Disbursement
Request Package, described 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 Department (see paragraph 15).
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
Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted
by the Grantee.
3. Attachment A, Project Work Plan, is hereby amended to extend the date of completion for
the project to January 31, 2011.
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 THE PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6803, Amendment No.2, Page 2 of 3
This Amendment 2 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 WITNES.S WHEREOF, the Department has caused this amendment to the State
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 forth below by
the Deputy Director of the Department of Environmental Protection, Division of Water Resource
Management.
MONROE COUNTY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Deputy Director
Division of Water Resource Management
By:
Mayor
Date:
Date:
Tommy Williams, DEP Grant Manager
*For Agreements with governmental boards/ commissions: If someone 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 part of this Amendment:
Specify Type Letter I Number
Attachment A-2
Description (include number of pages)
Revised Project Work Plan (3 pages)
DEP Agreement No. LP6803, Amendment No.2, Page 3 of 3
ATTACHMENT A
GRANT WORK PLAN
Monroe County, FL
LP6803
Project Title: Provide a brief title for the project proposed.
Big Coppitt Regional Wastewater Treatment System
Project Location: Identify the location of the project and include the county/counties involved in
the project area. If this project affects water, include the watershed and hydrologic unit code.
This project is located in Monroe County, FL from approximately MM 8.5 to 11.5. This project
affects the Florida Keys Watershed and the Florida Bay - Florida Keys 03090203 hydrologic
unit
Project Background: Provide a summary of the site/project area and the justification
supporting the need for the Florida Department of Environmental Protection to fund the
proposed project.
Chapter 99-395 Laws of Florida requires that existing sewage facilities that discharge to other
than surface waters and existing onsite sewage treatment and disposal systems shall cease
discharge or shall comply with the applicable treatment requirements of subsection (6) by July 1,
2010, and with the rules of the Department of Environmental Protection or the Department of
Health, as applicable.
The grant will provide partial funding to construct the Bob Coppitt Regional Wastewater
Treatment Facility, as recommended in the Sanitary Wastewater Master Plan. The most
stringent effluent standards permissible for the Florida Keys will be achieved by the project.
Project Objectives: Provide a list of objectives, in bullet fonnat, expected to be achieved as a
result of junding/completing this proposed project.
. Objective 1: Compliance with Chapter 99-395 Laws of Florida.
. Objective 2: Implementation of Sanitary Wastewater Master Plan.
. Objective 3: Reduction in nutrient loading to nearshore waters.
. Objective 4: Reduction of Public Health Hazard.
. Objective 5: Elimination of 410 unknown/undocumented/cesspools.
DEP Agreement LP6803, Attachment A, Page I of 4
Project Description: Provide a detailed description of the work to be peiformedfor the project.
Include maps, drawings etc. to support project activities. Project descriptions should include a
specific list of tasks/activities for accomplishing the project.
The Big Coppitt Regional 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 1 that conveys the wastewater to
the WWTP planned for construction at MM 8.5. Approximately 80 feet of collection system
piping, 13,000 feet of transmission main, and 25 pump stations will be installed for the project.
Projects will be evaluated based on progress discussed at monthly project meetings and
quantities of worked billed on payment requests.
Project Budget: Detailed budgets must be submitted to support the budget information
summarized in this section. Detailed budgets should be developed on a task-by-task basis.
Bud et in onnation su ortin all match ex ected or this ro 'ect must also be rovided.
Project Funding Matchin Funds and Source
Activity DEP Grant Funding Fundin Source of Funds
Professional Services: Not A licable Not a licable
Construction & $10,962,000 $21,386,189
Demolition:
Land:
E ui ment:
Other (list):
Total:
Total Pro'ect Cost:
% Match Re uired:
Not A licable
Not A licable
Not A licable
Not A licable
Non-ad valorem
revenue including
system
development fees
and sales tax
$10,962,000
$32,384,189
60%
$21,386,189
Amount of Match: $21,386,189
DEP Agreement LP6803, Attachment A, Page 2 of 4
Project Budget Narrative: Provide budget detail for each Project Funding Activity stated
above for both DEP Funding and Match. The Construction and Demolition activity consists of 5
construction contracts detailed under Project Description.
Professional Services: What services will be subcontracted? Grant funds will not be used for
technical services.
Construction & Demolition: What is being constructed, rehabilitated, expanded, etc? A
wastewater treatment facility is being constructed.
Land: What size is the property? What is its use? Property is vacant and approximately 1 acre in
SIze.
Equipment: What equipment will be purchased? Equipment is $1,000 or more per unit cost.
Not applicable.
Other: List the service or category of expenditure. What are the funds for? Not applicable.
NOTE: IF THERE IS MATCH, THE SAME DETAIL MUST BE PROVIDED FOR THE
MATCH.
Total Budget by Task: This should correspond with the tasks/activities identified and described
above.
DEP Grant MatchiDf! Funds and Source
Task Funding Matchin2 Funds Source of Funds
1 Construction and $10,962,000 $21,386,189 Non-ad valorem
Demolition revenue including
system
development fees
and sales tax
2
3
Total:
Project Total:
Measures of Success: Identify factors that can be used to evaluate project performance/
outcomes to support project success. Include appropriate timelines for conducting such reviews.
Project performance can be evaluated during monthly progress meetings and during pay
application review.
Note that any changes to the Grant Work Plan Project Budget (of more than 10% in any line
item), scope of work, or timelines shall require Department approval and amendment to the grant
agreement.
DEP Agreement LP6803, Attachment A, Page 3 of 4
GUIDELINES AND HELPFUL INFORMATION IN COMPLETING THE A TT ACHMENT A
Listed below are some useful questions to be answered in completing the Attachment A for your
Legislative grant. Depending on the purpose of the project, not all of the items below may need
to be addressed. If you have any questions about the completion of the Attachment A, please
call 850-245-8358 and ask for grant agreement staff support.
1) Does the Project Description sufficiently identify the tasks/activities to be accomplished?
2) Do the tasks/activities listed in the Project Description identify the criteria by which they
will be evaluated?
3) Are completion dates established for achievement of the tasks/activities in the Project
MilestoneslDeliverables/Outputs Section?
4) Is required documentation identified which is needed to substantiate the completion of the
tasks/ acti vi ties?
5) Is a deliverable/output identified for each task/activity to be accomplished?
6) Does each deliverable/output directly relate to a task/activity identified in the Project
Description?
7) Are documentation requirements established for substantiating the completion of each
deliverable/output?
8) Are criteria established for evaluating each deliverable/output?
9) Is a quality of task/activity established for each deliverable/output?
10) Does each task/activity correspond with the Project Budget?
11) Are due dates established for the completion of each deliverable/output?
12) Is a payment amount identified for each task/activity?
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16. 2008
Division
Engineering
Bulk Item: Yes
No -1L-
Department:
Wastewater
Staff Contact Person: Elizabeth Wood 292-4525
AGENDA ITEM WORDING: Approval of amendment 1 for Florida Department of Environmental
Protection (FDEP) Wastewater Grant LP6803.
ITEM BACKGROUND: The original grant agreement required amendment due to changes in project
time frame and grant manager. The amendment is effective as on June 22, 2007, which is the effective
date of the original grant.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the original grant agreement on March
21,2007.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval as stated.
TOTAL COST:
$0
BUDGETED: Yes NA No
COST TO COUNTY:
$0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty --X- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6803
MONROE COUNTY
AMENDMENT NO. I
THIS AGREEMENT as entered into on the 22n4 day of June, 2007, between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and
MONROE COUNTY (hereinafter referred to as the "Grantee" or "Recipienf') 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 30dl 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 31, 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 30dl 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 Department'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 foooal 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 perfoooed, problems
encountered. problem resolution, schedule updates and proposed work for the next reporting period. Progress
reports shall be submitted in conjunction with the Disbursement Request Package, described 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 Department (see paragraph 15). 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 Department's Grant Manager shall have ten (10) calendar days to
review deliverables submitted by the Grantee.
DEP Agreement No. LP6803, Amendment No.1, 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.
1100 Simonton Street, Suite 216
Key West, Florida 33040
Phone: 305-292-4427
Fax: 305-292-4321
Email: KOPDel-dave~moDroecountv-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 TNTENTIONALL Y LEFT BLANK
DEP Agreement No. LP6803, Amendment No. I, Page 2 on
This Amendment ] 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 State 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 forth below by the Deputy Director of the Department of EnvironrnentaJ Protection, Division of Water
Resource Management.
MONROE COUNTY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Mayor
By:
Deputy Director
Division of Water Resource Management
Date:
Date:
Tommy Williams, DEP Grant Manager
*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 part of this Amendment:
Specify Tvpe
Attachment
LetterlNumber
A-I
DescriPtion (include number of pages)
Revised Project Work Plan (I page)
DEP Agreement No. LP6803, Amendment No. I, Page 3 of3
AITACHMENT A-I
REVISED PROJECT WORK PLAN
II. FUNDING PLAN
PROJECT BUDGET
Category of DEP Funds Total Matching Total Funding
EXDenditure 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
In. SCOPE OF WORK:
No Change in the Scope of Work
IV. PROJECT MILESTONES:
An estimated project timeJine for the treatment olant 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 1, 2007
Construction Completion (Collection System) - October 31, 2009
Project Close Out - January 31, 2010
DE? Agreement # LP6803, Amendment I. Attachment A-I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21. 2007
Division: Engineering
Bulk Item: Yes
No -2L
Department: Wastewater
StaffCootoo:P~#:E1izalx.ih Woo:V2924525
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 $1 M by the Florida Department of Environmental Protection.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS:
Approval.
TOT AL COST: see contract summary
BUDGETED: Yes X- No
COST TO COUNTY:$
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 #
To:
Engineering Division
MEMORANDUM
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 BOCC approved the
allocation of $6.038M to the KLWTD, $1 M to the City of Marathon, and $10.962M 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
(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.
CONTRACUAGREEMENTCHANGES: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 0 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
Date In
Division Director ~ ~ 11> ')
Risk Management 3- 9--07
Changes
Needed
YesDNo~
YesO No~
YesONo~
YesO Nol&J S V 1."Z-\ nne..
Date Out
b -7 -o~
O.MBA'un:-na<;ing
County Attorney z.. LtR . Of
Comments: Total Funding of $33.762M is shown on Appendix A, 11 - 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 of2 (continued next page)
forcemain, collection system, and treatment plant are $30M; the total eligible funding
cost estimate reported to DEP was $3 1. 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 2/27/0 I MCP #2
STATE FINANCIAL ASSlSTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP6803
STATE OF FLORIDA
GRANT ASSISfANCE
PURSUANT TO lJNE ITEM 1818 OF THE 2016 .2tt7 GENERAL APPROPRIATIONS ACT
TInS 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 "Rccipient"), a
local government under the laws of the State of Florida, to provide funds for the Monroe County Big Ccppitt
Regional Wastewater System project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. The Grantee does hereby agree to perfonn in accordance with the terms and conditions set forth in tbis
Agreement, Attammeat A (Project Work Plan), and aU 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 terms "Grantee", "Recipient" 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 Grantte 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 herelo agree that the Grantee is responsible for providing a locaJ share
sufficient 10 complete the construction of the project described in Attachment A If the Grantee
finds, after receipt of competitive bids, that the work described in Attaduneat A cannot be
acromplished for the current estimated project cost, the parties hereto agree to modify the Project
Work Plan described in AttadtmeDt A to provide fOT 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 Attaduae.t 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 shaD 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
estab1isbed in Section 112.061, Florida Statutes. The Disbursement Request Package must
include:
(1) A completed Disbursement Request Fonn signed by the Grantee's Grant Manager. Such
requests must be accompanied by sufficiently itemized summaries of the materials, labor, or
services 10 identify the nature of the work performed; the cost or charges for such work; and
the person providing the service or perfonning the work. If payment is based on 3D
authorized 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 certifiCafioD 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 lhe project; that all funds
received to date have been applied toward completing the Project; and tbat under the terms
and provisions of the contracts. tbe Local Government is required to make such payments;
and
(3) A certification by the engineer responsible for overseeing construction stating tbat
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 accordaoce with construction
contract provisions; stating that construction, up to !be 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 !be Department construction permit; and
(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
suppliers as may reasonably be required by the Depamnent.
C. In addition to tbe 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 tbe Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), a.~ appropriate. This information when requested must be provided within
30 calendar days of sucb request. The Grantee may also be required to submit a cost allocation
plan to the Department in suppon 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 hltl):llwww.fldfs.comlaadirJreference%5Fpide.
4. The State of Rorida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature. The parties hereto understand that tbis Agreement is not a
commitment of future appropriations.
5. Progress Reports (Attadtmeat C) shall be submitted describing tbe 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 plragraph 3
above and AttacluDeat E) the amount of funds eJq)Cnded during the reporting period, the Agreement
expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
ioterest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's
Grant Manager no later tban twenty (20) days following the completion of the quarterly reporting period.
It is hereby understood and agreed by the parties that the tenn "progress reports" shall refle<:t the calendar
quarters eoding March 31, June 30, September 30 and December 31. The Department's Grant Manager
shall have ten (10) calendar days to review deliverables submitted by tbe Grantee.
6. The Grantee shan save and hold harmless and indemnify tbe Stale of Florida and the Department against
aoy 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 tbis Agreement, resulting from the negligent acts of !be Grantee,
his subcontractor, or any of the employees, agents or representatives of the Grantee or subcontractor to the
extent allowed by law.
7.
A.
The Department may terminate this Agreement at any time in tbe 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), Aorida 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 tbe Agreement for purposes of assisting tbe 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 8501245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised tbat 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 froaneial assistance (federal and/or state) identified in Attad1meat D. Exhibit 1
when maJdng its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMS 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 fonn entitled ''Checklist for Nonstate Organizations RccipientlSubrecipient
vs Vendor Determination" (fonn number DFS-A2-NS) that can be found under the uLinks/Fonns"
section appearing at the following website:
btlp://arms.fldfs.comlfsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of Ihese requirements.
10.
A.
The Grantee shall not subcontract, assign, or transfer any work under this Agreement, other th8D
that work already <:oIUIiUe4 by baterlcM:al agreemeat dated September 6, 2005 to be
admilliltered 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 Gtantee 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 Aorida. The Department wiD be glad to furnish a list of minority owned businesses for
consideration in subcontracting opportunities.
11. In a~dance ,:",ith Section 216.347, Florida Statutes, tbe Grantee is hereby prohibited from using funds
proVlded by thIS Agreement for tbe 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 with aU applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes compliance with aU 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 Baaks
Bureau of Water Facl6des FuDdiag
Florida Department or E.viroDlDeDtaI Proted:ioD
~ BIlUr Sto.e Road. MS 3505
TaDabauee, Florida 32399-2400
Phone: 858-245-8358
Fax: 850-245.841l
EmaiJ: timothy.baaks@dep.state.O.us
14. The Grantee's Grant Manager for this Agreement is identified below.
Salvatore Zappulla
1108 SiaoatoD Street, Suite 213
Key West, Florida 33041
Phone: 315-2924470
Fax: 305-.292-4515
Email: ZappuJla-SaJ@mOlll'OeCOUllty.O.JOv
15. In accordance with Section 2l6.181(16)(b), Florida Statutes, tbe 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 the
Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced
funds, tbe 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 (AttachmeDt E) and the Advance Payment Justification Form
(AttaduDeDt F) 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 tbe 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, Worlc:ers' Compensation Insurance for aU of his employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly 10 provide Workers' Compensation Insurance for aU 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 DOt protected under Workers'
Compensation statutes, the Grantee shall provide, and cause each sulx:ontractor to provide, adequate
insurance satisfactory to tbe Department, for the protection of his employees DOt othetwise protected.
PuT'SWlllt to the September 6. 2005 illterlocal agreement. FKAA shall carry Workers' Compensatio.
Insunnce.
17. The Grantee. as an independent contractor and not an agent, representative, or employee of the
Department, agrees to cany adequate liability and other appropriate forms of insurance. The Department
shall bave DO liability except as specifically provided in this Agreement.
18. The Grantee covenants that it presently bas no interest and shall not acquire any interest tbat would conflict
in any manner or degree with tbe performance of services required.
19. Upon satisfactory oompletion of this Agreement, the Grantee may retain ownership of tbe non-expendab1e
personal property or equipment purchased under this Agreement. However, the Grantee shall complete
and sign AttaduBent G. Property Reportillg Fora, DEP 55-212, and forward it along with the
appropriate invoice to the Department's Grant Manager. The following tenns shall apply:
A The Grantee shall have \JSC of the non-expendabJe 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 DOn-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. noo-expendable 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 Wort 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 tbis
Agreement.
21.
A
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shaU 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 DOt
submit bids on leases of real propeny 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 SelVices is
responsible for maintaining the discriminatory vendor list and intends to post tbe list on its
website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management SelVices, Office of Supplier Diversity, at 850/487-0915.
22. land acquisition is not authorized under the tet'tm of tbis Agreement
23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall onJy 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 Ihis 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, tbe 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:
FEID No.:
Grant Manager
"For Agreements with governmental boards/commissions; If someone other than the Olairman 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 allachments/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 Packa~e (3 Pag;es)
Progress Report Form (2 Pages)
Special Audit Requirements (S Pages)
Advance Payment ~ Interest Earned Memorandum (I Page)
Advance Payment Justification Form (3 Pa~es)
DEP Agreement No. LP6803, Page 7 of 6
ATTACHMENT A
PROJECT WORK PLAN
I. GRANTEE INFORMA TION
Grantee:
Pro' ect Title:
DEP Grant #:
Florida
ion:d Wastewater Treatment S stem
II. FUNDING PLAN
PROJECT BUDGET
Cateeory of Expenditure DEP Funds Total Matchlne- Funds Total Fundinl!
Professional Services None $1 800.000 51, 800.000
Construction & DemoUtion $9 602.000 517.700.000 $27.302.000
Land None $800.000 5800.000
Equipment $1.360.000 $2,500,000 $3.860.000
Total $10.962000 522.800.000 $33 762.000
m. SCOPE OF WORK:
In order to qualify for funding, the recipient must document that the wastewater project:
0/ Is designed to meet the wastewater treatment and disposal requirements in chapter 99-395, Laws of Florida,
as amended;
0/ Is included in the Monroe County Sanitary Wastewater Master Plan or other formally adopted planning
document addressing engineering and financing;
0/ Involves exclusively construction or design-build;
0/ Has been openly procured among contractors qualified to build wastewater facilities in the physical
environment of the Florida Keys;
0/ Is to be located on sites acquired DO later than March 1,2007;
0/ Will initiate construction no later than May I, 2007;
0/ Will result in the completion of entire facilities or significant phases of facilities;
0/ 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;
0/ Shall provide at least a 60 percent match from any other sources except a direct line item appropriation from
the State Legislature.
0/ 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
0/ Provides mechanisms to ease the cost-burden ofthe project on Jow-income residents.
Advanced Wastewater Treatment (AWl) 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 Projects\2006-2007IProjects\LP6803\Agreement\A TT ACHMENT A (3) Corrected by OEP 6803 J 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 COUDty and the Florida Keys Aqueduct Authority (FKAA) to
provide adequate wastewater treatment to protect the environment and health, safety and welfare of lando'Mlers 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 [mal 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:
Date
Febru 28 2007
Ma 31,2007
Au 31 2007
June 30, 2008
December 31 2008
An estimated project timeline for the forcemain and collection svsterTl 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
Project Close-Out December 31, 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 of the project on low-income residents.
2/1/2007
N:\Legislative Projects\2006-2007IProjects\LP6803\AgreementiA. IT ACHMENT A (3) Corrected by DEP 6803 I 292007 .doc
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
I.
2.
3.
4.
GranteelR,ecipient
Project Number
MONROE COllNTY
LP6803
Date of Request
Required Match %
Disbursement Request Number
Type of Request:
Partial
o
Final
5. Federal Employer Identification Number
o
6.
Mail
o EFT
o Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
1.
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 ofIovoice
2) Proof of Payment
Requests for Invoices not yet Paid:
1) 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 ORJGINAL 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 1 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)
I. The disbursement amount requested on Page I 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 pennanent records.
3. The Grantee is required to pay such costs under the tenns 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.
5. All pennits 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
I. 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 of this 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 perfonnance 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
Finn or Affiliation
(Date)
(p.E. Number)
DEP Agreement No. LP6803, Attachment B, Page 3 of3
ATTACHMENT C
PROGRESS REPORT FORM
DEP Al!'reement No.: LP6803
Grantee Name: MONROE COUNTY
Grantee Address:
Grantee's Grant Manal!'er: f Telephone No.: I
Ouarterly Reportinl!' Period:
Project 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 overrnns or high unit costs.
DEP Agreement No. LP6803, Attachment C, Page I of 2
(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, com oaring the project budget to actual costs to date.
Expenditures I
Prior to this Expenditures
Total Project Reporting this Reporting Project Funding
Bud!!:et 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-l33 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-l33, 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-I33, 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-l33, as revised. EXIllBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining 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-I33, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-l33, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-l33, 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 ofOMB Circular A-I33, 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-I33, 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 htto:1I12.46.245.173/cfda/cfda.html.
PART ll: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
I. 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 I 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 fmandal 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 I; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a fInancial reporting package as defined 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. If the recipient expends less than $500,000 in State fmancial 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 https:llaops.f1dfs.comlfsaal or the Governor's Office
of Policy and Budget website located at http://www.ebudgetstate.f1.us/for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.1eg.state.f1.uslWelcome/index.ctID. Governor's Website http://www.mvf1orida.coml. Department
of Financial Services' Website http://www.f1dfs.comland the Auditor General's Website
http://www.state.fl.us/audgenlpaees/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-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-I33, as revised, by or on behaIfofthe 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 Corrunonwealth Boulevard
Tallahassee, Florida 32399-3123
B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the nwnber of
copies required by Sections .320 (d)(l) 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 (1),
OMB Circular A-l33, as revised.
2. Pursuant to Section .320(1), 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 Attachment 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
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART m of this Attachment shall be submitted by or
on behalf of the recipient directl}: 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-B3, 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
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ATTACHMENT E
ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM
WHEN REPORTING OR REMITTING, PLEASE RETURN A COpy OF THIS 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 tenns 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. AmoWlt 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 tennination of the grant/contract, the advance fund recipient shall complete report items 1 and 2
only for the first 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 I 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 I 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 dearly Identify the criteria being met
under 215.422(14), Aorida 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:
(I.e. loeal oov't OrganIzational Structure
non-oroflt corooratlon etc.)
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover: ) 90 days startup I bI Full Contract Period
Ouarterly o Other (soecIM:
Indicate Statutory Authority: 215.422, F.S I 0 216.181, F.S.
GAA Year and Une Item Info: SFY: I I Line Item: I
1. Reason advance payment Is required:
2. The fol/owlng Information requIred for advances requested pursuant to 215.422, Florida Statues
(and the ComptrOller's Voucher Processing Handbook) which exceed the purchasing threshold of
categOry 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
Appropriation Categories OSXXXX or 14XXXX)
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
(identifv- oersonnel/titles)
Frlnoe Benefits
Contractual Services
(I~~t servIces and estimated
costs
Equipment
(IdentIfy each Item and cost)
Supplies
Travel
Other (soecifv)
OverheadJ1ndlrect
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 renects the financial
Issues facing the entity at this tlme.
By;
Type Name of Signatory: Date
Title: Chief Financial Officer or deslonee
DEP Proaram Area RevlewlAonroval
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 '@{]Islature consultation as aoorooriate.
Bureau of Finance & Accounting Use Only
DEP 55-222 (03-02)
DEP Agreement No. LP6803, Attachment F, Page 3 of3
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To:
Connie Cyr and Commissioners
Engineering Division
MEMORANDUM
From:
Elizabeth A. Wood
cc:
Suzanne Hutton, Belle Desantis
Date:
4/20/2010
Re:
Item L-2
It is necessary to submit (L-2, attached) as a Revised Final Paper Agenda. The pages
with final changes are tabbed with a yellow post it for your quick reference.
A copy of the Revised Agenda Item (from CD and website) to be replaced is also
attached for your reference. It has been labeled by hand, "Copy from Website Revised
Agenda" in the upper right hand corner of the first page and reads, "This agenda item is
replaced by the Revised Final Paper Agenda [Clean Copy]". I have numbered the pages
of the Revised Agenda Item "1-42".
The primary necessity for the Revised Final Paper Agenda is that Amendment 2 of the
Revised Agenda cites Attachment A-2 Revised Project Work Plan (3 pages) on page 3
but the Attachment is titled, "ATTACHMENT A GRANT WORK PLAN". The attachment-
footer reads 1 of 4 through 3 of 4, but the attachment is only 3 pages. The Revised
Agenda included the Agreement and Amendment 1 Agenda Items rather than the
executed agreements. The Agenda Item Summary is also revised to reflect that the
documentation is included. Please see below for exact verbiage by Page # Revised
Final Paper Agenda/Page # Revised Agenda.
Page 1 (Revised Agenda)/ Page 1 (Revised Final Paper Agenda) - Agenda Item
Summary is replaced to reflect that the documentation is included.
Page 6 (Revised Agenda)/Page 6 (Revised Final Paper Agenda) - "ATTACHMENT A
GRANT WORK PLAN Monroe County, FL LP6803" title has been revised to read,
"ATTACHMENT A-2 REVISED PROJECT WORK PLAN Monroe County, FL LP6803".
Footer "DEP Agreement LP6803, Attachment A, Page 1 of 4" has been revised to read,
"DEP Agreement No. LP6803, Amendment 2, Attachment A-2, Page 1 of 3".
Page 7 (Revised Agenda)/Page 7 (Revised Final Paper Agenda) - Footer "DEP
Agreement LP6803, Attachment A, Page 2 of 4" is revised to read, "DEP Agreement No.
LP6803, Amendment 2, Attachment A-2, Page 2 of 3".
Page 8 (Revised Agenda)/Page 8 (Revised Final Paper Agenda) - Footer "DEP
Agreement LP6803, Attachment A, Page 3 of 4" is revised to read, "DEP Agreement No.
LP6803, Amendment 2, Attachment A-2, Page 3 of 3".
L1-
April 20, 2010
Page 9 (Revised Agenda)/Deleted (Revised Final Paper Agenda) - the page titled,
"GUIDELINES AND HELPFUL INFORMATION IN COMPLETING THE ATTACHEMENT
A" is deleted from the Revised Final Paper Agenda. This page is not considered part of
the attachment by FDEP. It was provided to staff to assist with preparation of the
attachment.
Page 10 thru 14 (Revised Agenda)/Page 9 thru 12 (Revised Final Paper Agenda) - the
Agenda Item Summary for Amendment 1 and unexecuted Amendment 1 (5 pages) are
deleted and replaced by the Executed Copy of Amendment 1 (4 pages).
Page 15 thru 42 (Revised Agenda)/Page 13 thru 36 (Revised Final Paper Agenda) - the
Agenda Item Summary for the Agreement and the unexecuted Agreement (28 pages)
are deleted and replace by the executed copy of the Agreement (24 pages).
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/21/10
Division: Administrator
Bulk Item: Yes No -X-
Department: Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval of Amendment 2 for Florida Department of Environmental
Protection (FDEP) Wastewater Grant LP6803.
ITEM BACKGROUND: Amendment 2 is required to change the budget allocation from Equipment
to Construction.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved Amendment 1 to extend the project
timeframe and revise the grant manager on July 16, 2008. The effective date was the same as the
original agreement. BOCC approved the original grant agreement on March 21, 2007.
CONTRACT/AGREEMENT CHANGES:N/ A.
STAFF RECOMMENDATIONS: Approval as stated.
TOTAL COST:
$0
INDIRECT COST:
BUDGETED: Yes -L-No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $0
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
l ;J-/
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACf SUMMARY
Contract with:
FDEP
Contract #
Effective Date:
Expiration Date:
LP6803
FDEP Signature Date
January 31, 2011
Contract PurposelDescription:
This amendment extends the project date of completion to January 31, 2011 and revises
the category of expenditure to construction & demolition only. The financial assistance
amount of $10.962 million and required match of 60% are unchanged.
The total value of the contract is based on the match obligation of the grant rather than
actual construction contract amounts. The account code for this grant when it was
initially established was 304-23000-530340-PE0602.
Contract Manager: Elizabeth Wood
(Name)
4525
(Ext.)
Wastewater/#l
(Deparbnent/Stop #)
for BOCC meeting on
April 21, 2010 Agenda Deadline: April 6, 2010
CONTRACf COSTS
Total Dollar Value of Contract: $ 27,405,000 Current Year Portion: $ 860,711
Budgeted? Yesl8l No 0 Account Codes: 310-23006-530340-PB0807-_
Grant: $ 10,962,000 _-_-_-_-_
CountyMatch:$ 16,443,000 _-_-_-_-_
- - - -
....---..... ~ ---.-.. ........-.- -.---.
ADDmONAL COSTS
Estimated Ongoing Costs: SMA!yr For: FKAA will maintain and operate
underILA
(Nol included in dollar value above) (eg. maintenance, utUides, janitorial, salaries, etc.)
CONTRACf REVIEW
Date In
Division Director ,-/-1 ~"I{ j
Date Out
tj\oo/J~
Risk Mana~ent ~ If 1.3- (0
fJ LL tJJ~ ~ LJ
O.M.B./Puft asmg -".,2. -\0
County Attorney ~ YesD NoU}"
Comments: I
OMB Form Revised 2/27/01 MCP'2
STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6803
MONROE COUNTY
AMENDMENT NO.2
THIS AGREEMENT as entered into on the 27th day of June, 2007, and amended on the
5th day of August, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as the II Deparbnent") and MONROE COUNTY
(hereinafter referred to as the IIGrantee" or "Recipient") is hereby amended.
WHEREAS, due to reallocation of budget; and,
WHEREAS, the Grantee has requested an extension of the term of the Agreement in
order to complete the project as planned; and,
WHEREAS, the Grantee understands that certification forward of State Fiscal Year
2006-2007 funds supporting this Amendment beyond June 30th of each year is subject to the
approval of the Govemor'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, it is necessary to reinstate this Agreement and extend it in order to
allow the Grantee to complete the project; and,
WHEREAS, additional changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2. is hereby revised to change the completion date of the Agreement from
January 31, 2010, to January 31, 2011, 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 30th of each year is subject to the
approval of the Governor's Office.
2. 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
DBP Agreement No. LP6803, Amendment No.2, Page 1 of 3
reporting period. Progress reports shall be submitted in conjunction with the Disbursement
Request Package, described 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 Department (see paragraph 15).
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
Deparbnent's Grant Manager shall have ten (10) calendar days to review deliverables submitted
by the Grantee.
3. Attadunent A, Project Work Plan, is hereby amended to extend the date of completion for
the project to January 31, 2011.
In all other respects, the Agreement of which this is an Amendment, and attachments
relative thereto, shall remain in fu1I force and effect.
REMAINDER OF THE PAGE INTENTIONALLY LEFI' BLANK
DEP Agreement No. LP6803, Amendment No. 2, Page 2 of 3
This Amendment 2 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 insbument
IN WITNESS WHEREOF, the Department has caused this amendment to the State
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 forth below by
the Deputy Director of the Department of Environmental Protection, Division of Water Resource
Management.
MONROE COUNTY
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECI10N
By:
Deputy Director
Division of Water Resource Management
By:
MaYQr
Date:
Date:
Tommy Williams, DEP Grant Manager
*For Agreements with governmental boards/commissions: If someone 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 part of this Amendment:
Specify Type Letter I Number
Attachment A-2
Description (include number of pales)
Revised Project Work Plan (3 pages)
DEP Agreement No. LP6803, Amendment No. 2, Page 3 of 3
A TT ACHMENT A-2
REVISED PROJECT WORK PLAN
Monroe County, FL
LP6803
Project Title: Provide a brief title for the project proposed.
Big Coppitt Regional Wastewater Treatment System
Project Location: Identify the location of the project and include the county/counties involved in
the project area. If this project affects water, include the watershed and hydrologic unit code.
This project is located in Monroe County, FL from approximately MM 8.5 to 11.5. This project
affects the Florida Keys Watershed and the Florida Bay - Florida Keys 03090203 hydrologic
unit.
Project Background: Provide a summary of the site/project area and the justification
supporting the need for the Florida Department of Environmental Protection to fund the
proposed project.
Chapter 99-395 Laws of Florida requires that existing sewage facilities that discharge to other
than surface waters and existing onsite sewage treatment and disposal systems shall cease
discharge or shall comply with the applicable treatment requirements of subsection (6) by July 1,
2010, and with the rules of the Department of Environmental Protection or the Department of
Health, as applicable.
The grant will provide partial funding to construct the Bob Coppitt Regional Wastewater
Treatment Facility, as recommended in the Sanitary Wastewater Master Plan. The most
stringent effluent standards permissible for the Florida Keys will be achieved by the project.
Project Objectives: Provide a list of objectives, in bullet format, expected to be achieved as a
result offunding/completing this proposed project.
. Objective 1: Compliance with Chapter 99-395 Laws of Florida.
. Objective 2: Implementation of Sanitary Wastewater Master Plan.
· Objective 3: Reduction in nutrient loading to nearshore waters.
· Objective 4: Reduction of Public Health Hazard.
. Objective 5: Elimination of 410 unknown/undocumented/cesspools.
DEP Agreement No. LP6803, Amendment 2, Attachment A-2, Page I of 3
Project Description: Provide a detailed description of the work to be p~rformed for the project.
Include maps, drawings etc. to support project activities. Project descriptions should include a
specific list of tasks/activities for accomplishing the project.
The Big Coppitt Regional 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 1 that conveys the wastewater to
the WWTP planned for construction at MM 8.5. Approximately 80 feet of collection system
piping, 13,000 feet of transmission main, and 25 pump stations will be installed for the project.
Projects will be evaluated based on progress discussed at monthly project meetings and
quantities of worked billed on payment requests.
Project Budget: Detailed budgets must be submitted to support the budget information
summarized in this section. Detailed budgets should be developed on a task-by-task basis.
Bud et in ormation su ortin all match ex ected or this ro .ect must also be rovided
Project Funding Matchin Funds and Source
Activity DEP Grant Fundin Fundin Source of Funds
Professional Services: Not A licable Not a licable
Construction & $10,962,000 $21,386,189
Demolition:
Non-ad valorem
revenue including
system
development fees
and sales tax
Not A licable
Not A licable
Not A licable
Not A licable
$10,962,000
$32,384,189
60%
$21,386,189
Amount of Match: $21,386,189
DEP Agreement No. LP6803, Amendment 2, Attachment A-2, Page 2 of3
Project Budget Narrative: Provide budget detailfor each Project Funding Activity stated
above for both DEP Funding and Match. The Construction and Demolition activity consists of 5
construction contracts detailed under Project Description.
Professional Services: What services will be subcontracted? Grant funds will not be used for
technical services.
Construction & Demolition: What is being constructed, rehabilitated, expanded, etc? A
wastewater treatment facility is being constructed.
Land: What size is the property? What is its use? Property is vacant and approximately 1 acre in
sIze.
Equipment: What equipment will be purchased? Equipment is $1,000 or more per unit cost.
Not applicable.
Other: List the service or category of expenditure. What are the funds for? Not applicable.
NOTE: IF THERE IS MATCH, THE SAME DETAIL MUST BE PROVIDED FOR THE
MATCH.
Total Budget by Task: This should correspond with the tasks/activities identified and described
above.
Task
1 Construction and
Demolition
DEP Grant
Funding
$10,962,000
Matchin2 Funds and Source
Matchin2 Funds Source of Funds
$21,386,189 Non-ad valorem
revenue including
system
development fees
and sales tax
2
3
Total:
Project Total:
Measures of Success: Identify factors that can be used to evaluate project performance/
outcomes to support project success. Include appropriate timelines for conducting such reviews.
Project performance can be evaluated during monthly progress meetings and during pay
application review.
Note that any changes to the Grant Work Plan Project Budget (of more than 10% in any line
item), scope of work, or time lines shall require Department approval and amendment to the grant
agreement.
DEP Agreement No. LP6803, Amendment 2, Attachment A-2, Page 3 of3
STATE FINANCIAL ASSISTANCE AGREEMENT
DE. AGREEMENT NO. LP6803
MONROE COUNTY
AMENDMENT NO.1
THIS AGREEMENT as entered into on the 22" day of June, 2007, between the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as tile "Department'') and
MONROE COUNTY (hereinafter referred to as the "Grantee" or '.Recipient") is hereby amended.
WHEREAS, the Grantee has requested an extension or the tonn of tile Agreement in order to complete the
project as planned; and,
WHEREAS. it hu been determined that an extension of time to complete the project would be in the besl
interest of the State; and,
WHEREAS, the Grantee unden1aads that certificalion forward of Slate Fiscal Year 2006-2007 fimds
supporting thi. Amendment beyond June 30* of each year is subject to the approval of the Governor's Oflic:e; and,
WHEREAS, the Grantee has requested an end date tIIat extends beyond the current aUlhoriad fundinS
period; and,
WHEREAS, the GI'8Dtoe understands that if the Governor's Office does DOl approve the OepuIment's
mJuest 10 certifY the ftmds forward, the GranIce will not be eliSible for reimbursement for the activities covered by
the remainina 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 chanae the completion date of the Agreement from December 31, 2008, to
January 31, 2010, and to Include the foUmns Ianguap as a BepIII'aIe paragraph.
The Grantee undersIands and agrees thai certification forward of the Slate Fiscal Year 2006-2007 fimds
supportins this Agreement beyond June 30" of each year is subject 10 the approval of the Governor's Office.
2. Section J. is amended to i~lude the following paragraph.
Written approval &om the Depa1ment's Grant Manager shall be required for chan,. between budget
categories up 10 10% of the IoIaI budpt. The DEP Grant Manager will tranamit a copy of the written approval and
revised budp to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Chanlcs greater
than JOOAt will require a fonna) amendment to the Agreement..
3. Se<:tion 5. is bereby deleted in its cnrirely and replaced with the following;
Progress Reports (Attacltmat C) shall be submitted describing the work performed, problems
encountered, problem resolution, scbedule updates and proposed WOJk for the next reportin. period. Prosress
reportS shall be submitted in conjunc:don with the Disbursement Request Packap, described in paragraph 3.B. If
advance payment is authorized, the Grantee shall report (and document as required under P*'I8J1IPh 3 and on the
Advanced Payment - Interest EIIDCd Memorandum, Altac'.eat E) the 8D1OUI1I of fimds expended durins the
reporting period, lite Agreement expenditures to date, interest earned during the quarter and clearly indicate the
method for rep8}'1Den1 of the interest to the Oepartmem (see patap1Iph ) 5). It is understood and &&reed by the
puties that the tenn "reponiua period'" reflects the period of time for which the invoices submitted in the
Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days 10
review deliverables submitted by the Grantee.
DEP Agreement No. LP6803, Amendment No. I, Page I of 3
... --.....-........--... -.'~..- ---.---......- -- .--.-.
4. Section 14. is hereby deleted in its entirety and replaced with the foJlowing;
The Grantee9s Grant Manager for this Agreement is identified below.
David S. Koppel. P.E.
1100 51_OIItoII Street, Suite %16
Key West, Florid. 33040
Phone: 305-292-4427
Fax: 305-292-4321
Email: KOD~I-d.Yeti1IDQ.roeeouDtv-fl.81
5. Attach...t A. Project Work Plan, is hereby ameoded to include AttadImeat A-I. Revjsed Project Work
P..... attached hereto and made . part of the Agreement. All references in the Agreement to AUac.....t A, Project
Work Plan. sbal. hereinafter refer to AUaduDe" A. Project Worlc Plan. IIDd Abela.eat A-I. Revised Project
Work Plan.
In aU other respects. the Asreement of which this is an Amendment, and attachments relative thereto, sbaD
remain in full foree and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6803, Amendment No. I, Page 2 of3
This Amendment 1 to State Financial Assistance Aarecment LP6803 shall be executed in two or more
CO\Ulterparts, either of which shall be regarded u an original and all of which constitute but one and the same
instrument.
IN WITNESS WHEREOF, the Depm1men1 has caused this amendment to the Slate Financial Assistance
Agreement to be executed on its behalf by the Deputy Director of the Oepertment .. the Grantee has caused this
amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment
shaJl be as set forth below by the Deputy Director of the Department of En vironmemal Protedion, Division of Water
Resource Management.
Date:
JUL 1 6 2008
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: /~G
Deputy Director
Division of Water Resource Management
AU6 I 5 2008
Date:
, .
t'
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.For Agreements with IOvermnental boardsIcommissions: If someone other than the Chairman signs this
Amendment. a resolution, statement or other document authorizina that person to sian the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
SoecitY Tvne LetterlNumber
Attachment A- J
~SCliDtion (include number O(puM\
Revised Project Work Plan (I page)
DEP Agreement No. LP6803. Amendment No. I. Pago 3 of 3
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AITACHMENT A-I
REVISED PROJECT WORK PLAN
I. GRANTEE INFORMATION
Gra.tee: . MODroe Co.. Plorida
Pro-. Title: Bi Co IU R oa81 Wutewater TreatmeDt S stem
DEP Gnat #: LP6803
II. FUNDING PLAN
PROJEer BUDGET
Cateaory of DEP hads Total MatelliDg Total Funding
Expe.dlture F1IIIu
ProleslleBaI Services NODe 51,.,000 51, 800,_
CODandieD & $9,'02,000 $17,'10,_ 527,302.000
DemolJtioD
L..d NOBe S8OO,OOO 5800,_
~quipmeDt 51,368,000 $2~,OOO $3,860,_
Total 510,962,00' 521,800,000 533,762,000
10. SCOPE OF WORK:
No ChaDge in the Scope of Work
IV. PROJECT MILESTONES:
An estimated project timeline for the trea1ment ptant 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 collegiQn $Y~lQ is as follows:
Construction Start (Forcemain) - January 2, 2007
Construction Completion (Forcemain) - December I, 2007
Construction Completion (CoJlection System) - October 31, 2009
Project Close Out - January 31, 2010
OEP Aarcement , LP6103. Amendment I. AtIadImcat A.I
~OmdJ0ft'8~o-~
STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP6803
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO UNE ITEM 1818 OF THE 1006 · ZOO7 GENERAL APPROPRIATIONS Acr
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECI10N, whose address is 2600 Blair Stone Road~ MS 3505, Tallahassee, Florida
32399-2400 (hereinafter refemd to as the "Department") and MONROE COUNlY. whose address is
1100 Simonton Street, Suite 213, Key West, Florida, 33040~ (hereinafter referred to as "Grantee" or '~Rccipient"), a
local government under the laws of the State of Florida, to provide funds for the Monroe County Big Coppilt
Regional Wastewater System project.
In consideration of the mutual benefits to be derived herefrom, 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 fortb in this
Agreement, AttaduDeDt A (Project Work Plan), aDd all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract'" and
U Agreement" and the terms "Grantee", "Recipient" 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 tbe 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 Gtantee
finds, after receipt of competitive bids, that the work described in Attacluaeat A cannot be,
accomplished for the cunent estimated project cost, the parties hereto agree to modify the Project
Work Plan described in Altacllme.t A to provide for the work that can be accomplished for the
funding identified above.
B. The Grantee shaD 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 Attach_eat 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 tbe transaction, voucher number, amount paid, and vendor
name. All requests for reimbursement of travel expenses shaD be in accordance with travel limits
established in Section 112.061, Florida Statutes. The Disbursement Request Package 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 wort. If payment is based on an
authorized advance for incurred costs, invoices reflecting such costs must be included. After
r~~pt of advance ~nds the Grantee shaU provide proof of payment to the Depanment
W1thm 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 certification 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 aU funds
received to date have been applied toward completing the Proje<:t; 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 constroction 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 iu
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. abovet 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 AgreemeDt 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 htlP:/IwwwJldfsacomlaadir/reference%5Fpide.
4. The State of Rorida'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 (Attach.eat 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 autborized, the Grantee shall report (and document as required under paragraph 3
above and Attac....e.t 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 IS). 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 the parties that the term "progress reports" shall reflect the calendar
quarters ending March 31, June 30, September 30 aDd December 31. The Department's Grant Manager
shall have ten (10) calendar days to review deliverables 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
pe~n or persons and for the loss or damage to any property resulting from the use, service, operation or
~rformance of work under the terms of this Agreemen~ resulting from tbe negligent acts of tbe Grantee,
hIS subcontractor, or any of the employees, agents or representatives of the Grantee or subcontractor to the
extent allowed by law.
7.
Aa
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 or 6
Department shall provide thirty (30) calendar days written notice of its intent to terminate and
shaU 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 aU 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 8501245-2361 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 financial assistance (federal and/or state) identified in Attach.eat D, Emibit I
when making its determination. For federal financial assistance, the Grantee shan utilize the
guidance provided under OMB Circular A-1337 Subpart 8, Section _.210 for determining whether
the relationship represents that of a subrecipient or vendor. For state financial assistance, the
Grantee shall utilize the fonn entitled "Checklist for Nonstate Organizations RecipientlSubrecipient
vs Vendor Detennination" (fonn number DFS-A2-NS) that can be found under the "LinksIForms"
section appearing at the following website:
http://''RPS.fldfs.comlfsaa
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 tbis Agreement, other tba.
that work already coDUDitted by interlocal aareeme.t elated Septe.ber 6, 2015 to be
admillisterecl by FKAA), without the prior written coDsent 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 tbe subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
reques~ t~at aU subcontracting opportunities afforded by this Agreement embrace diversity
enthusaastICally. The award of subcontracts should refJect the fuD 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 ac:cordance ~th 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 with all applicable federal, state and local rules and regulations in providing
services to the Department under tbis Agreement. Tbe Grantee acknowledges that this re~ujremeDt
includes compliance with aU applicable federal, state and local healtb and safety rules and regulations. The
Grantee furtber agrees to include this provision in all subcontracts issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Tim SaDu
Bureau 01 Water FadUties FuDdiDl
Florida Depal'WleDt 01 Eaviroame.taI ProtectloD
2_ Blair StoDe Road, MS 3505
TaUabusee, norida 32399-2400
Phone: 8!G-US-8358
Fax: 8SG-245-8411
Email: timotby.b8Dks@dep.state.R.us
14. The Gnuttee's Grant Manager for this Agreement is identified below.
S.lvatore Zappulla
1101 SiIDODtoa Street, Suite 213
Key West, Florida 33040
Phone: JI5-1~-447'
Fax: 305-192-4515
Email: Zappula.SaI@moaroec:ouaty-n.lOv
15. In accordance with Section 116.181(1')(b), F10ricla 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, shaU be returned to the Depanment witbin 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 the
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 shall be responsible for submitting the information requested
in the Interest Earned Memorandum (AttachmeDt E) and the Advance Payment JustifICation Form
(Attac....e.t F) to the Department's Grant Manager quarterly. This information sbaD be requested by the
Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice/reporting
requirements established in palagraphs 3 and S.
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 sball require the subcontractor
similarly to provide Workers' Compensation Insurance for an 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 not protected under Workerst
Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for tbe protection of his employees not otherwise protected.
PunD..t to tbe Septe.ber 6, Z005 iDterlocal alreemen~ FKAA shall carry Worken' Compensation
lasurBDce.
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 services required.
19. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non-expendable
personal property or equipment purchased under this Agreement. However, the Grantee shall complete
and sign Attadlmeat G, Property Reportilll FonD, DEP 55-212, and forward it along with the
appropriate invoice to the Department's Grant Manager. The following tenns 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, non.-expendable personal property or equipment purchased witb state funds
a"nd 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., spe<:ificatioDS, 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 shaD 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 pubHc 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 tbe Florida
Department of Management Services, Office of Supplier Diversity, at 850/487-0915.
22. Land acquisition is not authorized under tbe terms of this Agreement.
23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of tbis Agreement shan only be valid when they have been reduced
DEP Agreement No. LP6803, Page 5 of 6
to writing, duly signed by each of tbe 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, tbe parties bave caused this Agreement to be duly executed, the day and year
last written below.
MONROE COUNTY
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECI10N
By: I! d. C,-----
bc-turt ~ Director
Division of Water Resource Management
JUN ! J l"n.,
Date:
MAR 2 1 2007
Date:
4~~
Grant Manager
FEID No.: 59-6000149
.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 tbe Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attacbment
Letter!
Number
A
8
C
D
E
F
Description (include number of pages)
Project Work Plan (2 PaRes)
Disbursement ReQuest Pacnlc (3 Pa2es)
Progress Report Form (2 Paaes)
Special Audit Requirements (S Pages)
Advance Payment - Interest Earned Memorandum (1 Page)
Advance Payment Justification Form (3 Pastes)
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DEP Agreement No. LP6803, Page 7 of 6
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A'lTACHMENT A
PROJECT WORK PLAN
I. GRANTEE INFORMA TJON
Gnatee:
Pro ect Title:
DEP G....t ,:
Florida
IOBa) Wastewater Treat.eat Stem
II. FlfNDlNG PLAN
PROJECT
DEP Fuads
NODe
BUDGET
Total M.tdalD FUDds
$1 . 000
Total F..dJD
$1 800 000
CODltrudl.B & DeDlOlltloD
59 602 001
517700 000
527 02.000
L.ud
NODe
SlOI 000
III IIIeIIt
II 61 010
52
010
53 60 000
TOUI
511962001
51 101100
533 7'2101
III. SCOPE OF WORK:
In older to qualify for Amding, the recipient must document that the wastewater project:
", Is daipcd to meet the W8StewIter treatment and disposal requirements in cbapter 99-395, Laws of Florida,
as amended;
", Is included iD the Monroe County SlIDitary Wastewater Master PllID or other formally adopted planDiDS
document addressing engineering and financing;
.t" Involves exclusively construction or design-build;
", Has been openly procured among contractors qualified to build wastewater facilities iD the physical
environment of the Florida Keys;
./ Is to be located on sitea acquired DO later than March I, 2007;
.t' Will initiate construction no later than May I. 2007;
t/ Will result in the completion of entire facilities or significant phases of facilities;
", Leverages other moneys OocaJ funds, includiDg local bondiDg: DcparIment of Environmental Protmion State
Revolving Fund Joans; or other sources of money) to the maximum extent possible;
", Shall provide at least a 60 percent match from any other sources except a direct line item appropriation from
the State Legislature.
", Has in place a system of user charges, fees, lISSeSSmCnta, or other funding mechanisms to pay for the
completion of construction and Jong-tam operation and maintenance of the project; and
.t' Provides mechanisms to ease the cost-burden of the project on low-income residents.
Advanced Wastewater Treatment (AWl) service, as defined in Chapter 99-395 Laws of Florida, is scheduled to be
available to the BiS Coppitt Key Wastewater Service Area by September 2008. Wastewater treatment will occur at a
0.325 miUion gallons per day (MOD) wastewater treahnent plant (WWTP) located within the RocJdand Key Industrial
Park. Effluent disposaJ will occur via two, 90-fcet injection wells and/or industrial, residential, or public re-use.
N:\Legislative Projecu\2006-2007\Pr0jects\LP680J\Asreement\A IT ACHMENT A (3) Corrected by DEP 6803 J 292007.doc
2/112007
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.S. Approximately 80,000 feet of collection system piping, 13,
000 feet of transmission main. and 25 pump stations will be installed Cor 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 anlnterlocaJ Agreement (lLA) settinl forth
conunitments to acbieve 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 ConStrudiOD 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 fundinS. The
FKAA Design Bngineers provide final project plans and specifications, permitting. engineering estimates, bid
documents, and tabulation for Contractor selection.
IV. PROJECT MILESTONES:
An estimated project timeJine for the treatment plant is as foJ1o~
December3] 2008
An estimated project timeline for the forcemain and collection svstem is as fo))ows:
J Milestone Date
Contractor Selection - Collection System FebnJary 28, 2007
Basins
Coutruction Start - Porcemain March 31, 2007
Conatruction COIIIDletioa - Forcemain July 31, 2007
Construction Completion - Collection System September 30, 2008
Basin
Project Close-Out December J 1. 2008
Additionally, Monroe County must document the following by May 31, 2008:
1) A system of user e~ fees, lIISeSImentl, or other funding mechaniSIJII to pay for the completion of
construction and Jonl-tenD operation and maintenaace of the project is in place, and
2) A mechanism has been established to ease the cost burden of the project OD Jow-income residents.
N:\Legislalivc ProjeclSUOO6-2007\Projects\LP6803\AsreemenM TT ACHMENT A (3) ColTCCICd by DEP 6803 I 29 2007. doc
211 120m
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
J.
2.
3.
4.
Grante~ecipient
MONROE COlfNTY
Project Number LP6B03
Disbursement Request Number
Type of Request:
Partial
Date of Request
Required Match %
o Final -0
s. Federal Employer Identification Number
6. Mail 0 EFT 0 Send Remittance to:
Disbursement DetaJIa
(cumulative amounts rounded to the nearest dollar)
1.
PlanninJ (attach invoices)
s
2. Enaineerina (attach invoices)
3. Construction and Demolition (attach invoices)
4. TechnicaJ Services dmina Construction (attach invoices)
s. Other (list .. must be specified in agreement)
6.
TotaJ cumulative to date
s
7.
Disbursements previously requested
$(
S
)
8.
Amount requested for disbursement (line 6 minus line 7)
ReqaestB for IDyolees already Paid:
1) Copy ollavoJee
%) Proof or PaymeDt
Req.ests for IDvolces Dot yet Paid:
1) Copy 01 IJavolce
2) Adv..ce 'aymeat JustlneatloD (oDe per quarter)
3) Advlaee Plymeat -Iaterest Earned (after laltlal advaDce)
*If prior DlsbllnelDeat Request w. requested by lavolces wItJIOllt proof of p.)'IIlea' doeumeat.doD, proof of the
prlor,paymeat will be required before tills req.est ea. be dJsbunecl.
** SUBMIT ONE ORIGINAL COpy OF TmS FORM AND SUPPORTING DOCUMENT A nON TO: .1lI
Florida Departmeat or EavlrODmeatal Proteetioa
Bureau of Water Facllltle. FUDdlDI MS 3505
2600 Blair StoDe Road
Tallahassee, Florida 32399-2400
DEP Agreement No. LP6803, Attachment B, Page I of 3
Grant Manager's CerUficatioD
of Disbursement Request
I,
(name ofOrantee's Grant Manager designated in the Agreement)
on behalf of
, do hereby certify that:
(name of GranteeIRecipicnt)
1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the
Agreement.
2. Material., labor, equipment, and/or services representing costs included in the amount requested have been
satisfactorily purch~ perfonned or received, and applied toward completing the project; such costs are
documented by invoices or other appropriate documentation which are filed in the Grantee 'a permanent records.
3. The Grantee is requiml to pay such costs under the terms IUd provisions of contracts relating directly to the projcc:t,
and die Grantee is not in default of any tenns or provisions of the contracts.
4. All funds received to date have been applied toward completing the project.
s. AJI permits and approvals required for the construction whicb is underway have been obtained.
( Sianature of Grant Manaser)
(Date)
DEP Agreement No. LP6803, Attachment B, Page 2 of3
'. .
Engineer's CerttficatloD
of Disbursement Request
It
(name of Professional Engineer)
, being the Professional Engineer retained by
(name of GranteeIRecipient)
proj eel 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 bave 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 EnvironmentaJ Protection;
2. Payment is in accordance with construction contract provisions:
3. Adequate construction supervision is being provided to lISSlIre compliance with consbuction requirements and
Florida Administrative Code Chapter 62-600 or Chapter 62-604, u appropriate;
4. Construction up to the point of this disbursement is in COII1'liance with the contract documents;
S. All chases, additious, or deletion. to the construction contract(s) have been documented by change order and all
change orders have been submitted to the Department; and
6. AD addition. or deletions to the Project which have altered the Project'. performance stand8rda, scope, or purpose
(since ilSUC of the pertinent Ocpartment permit) have been identified in writing to the Department or are identified
and attached hereto.
Signature of Professional Enaineer
Finn or Affiliation
(Date)
(PA Number)
DEP Agreement No. LP6803, Attachment B, Page 3 of 3
ATTACHMENT C
PROGRESS REPORT FORM
DEP AereementNo.: LP6803
GraDtee Name: MONROE COUNTY
Grantee Address:
Grantee's Grant Manaler:
I Telephone No.: I
Quarterly ReportJne Period:
ProJeet Number and Tide:
Provide a summary of proJect aceomplisbmeDu to date. (IDclude a comparison of actual
accomplishments to the objectives estabUshed for the period. H goals were not met,
provide reasons why.)
Provide AD update on the esdm.ted time for eompletloD of the project aDd aD es:pluatlon for
any anticipated delay..
Provide any addidoDaI pertlaent information including, when appropriate, ..alysJ. and
esplan8t1oD of eOlt overrua. or hip DDlt COlts.
DEP Agreement No. LP680311 Attachment C, Page I of2
(coDtinued from page 1)
.
Identify below, and attach copies of, any relevant work products being submitted for the
project (or this reporting period (e.g., report data sets, finks to on-line pbotographs, etc.)
Provide a project budget update, comparing the project budget to actual costs to date.
Espeoditures I
Prior to this Espenditures
Total Project Reporting tldl Reporting Project Funding
Budaet Cateaory Budlet Period Period BalaDee
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 1IIl1lle in the contract/agreement) to the recipient
(which may be referred 10 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 descnbed in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., all
revised (see "AUDITS" below), moDitoring procedures may include, but not be limited to, on-site visits by
Department sta1J; limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. By
entering into this Agreement. the recipient agrees to comply and cooperate with any moDitoring procedureslp~s
deemed appropriate by the I>epartmeut of Environmental Protection. In the event the Department of Environmental
Protection cletermiDes that a limited scope audit of the recipient is appropriate, the recipient agrees to colJ1)ly with
any additional instructiom provided by the DePartment to the recipient reprdins such audit The recipient fto1hcr
agrees to comply aud cooperate with any inspections. reviews, investigations, or audita deemed necessary by the
ChiefFinanciaJ Officer or Auditor General.
AUDITS
PART I: FEDERALLY FlJNDED
This part is applicable if the recipient is a State or local govemm..m or a non-profit organization as defined in OMB
Circular A-133, u revised..
I. In the event that the recipient expends $500,000 or more in Federal awan:Js in its fiscal year, the recipient
must have a single or program-specific audit cODducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by dUs Agreement. In determiuiug the Federal awards expended in its fiscal
year, the recipient sba1I consider all sources of Federal awards, including Federal resources received fiom
the Department of EnviroameotaJ Protection. The detmniuation of amounts of Federal awards expended
should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as
revised, will meet the requirements of this pad.
2. In cODDection with the audit requirements addressed in Part I, paragraph I., the recipient sbaII fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as
revised.
3. If the recipient expends less than S500,000 in Federal awan:Js in its fiscal year, an audit conducted in
accordance with the provisions of OMS CircuIat A-133, 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-133, as revised, the cost of the audit must
be paid from non-Federal resoun;es (i.e., the cost of such an audit nmst be paid ftom recipient resources
obtained from other than Federal entities).
4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httD:1112.46.245.173/efdalcfda.btmJ.
PART D: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2 I 5. 97(2)(m), Florida Statutes.
I. 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 S
organizations), Rules of the Auditor GeneraL EXHmIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Enviromnental Protection by this Agreement. In detennining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received ftom the Department of Environmental
Protection, other state agencies, and other DOnstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part n, 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 financial reporting package as defined by Section 215.97(2), Florida Statutes, and C1Japters 10.550 (local
governmental entities) or 10.650 (nonprofit and for...profit organizations), Rules oftbe Auditor General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is ~ required. In the event that the
recipient expends less than $500,000 in State finaucial assistance in its fiscal year, and elects to have au
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid fiom the non-State entity's resources (i.e., the cost of such an audit must be paid &om the
recipient'. resources obtaiDed from otberthan State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at httoa:II~.tldfs.comlfu.ll 01' the Governor's Oftice
of Policy and Budget Website located at hUD:II~.ebudget.~.f1.usI for assistance. In addition to the
above webaites, the followins websites may be accessed for iDfOJmation: Legislature's Website
http://www.k8.sta~.f1.uslWelcomcli'Qdex.cti!l. Governor's Website http://Wwyj!.mvtlorida.comI. Departmem
of Financial Services' Website httD:/bvww.tldfs.coml and the Auditor General's Website
htto:llwww.state.fl.uslaudsrenloaeesltlsaa.btm.
PART UI: OTHER AUDIT REQUIREMENTS
(NOTE: 17ru part woflld be used to specify any additional audit requiremenu imposed by tire State awarding entity
that are solely a matter a/that State tlWtlTding entity's policy (i.e., the audit u not required by Fedua/ or State laM
and fa not in conflict with other Federal or State audit requirements). Pursuant to Section 115.97(8), Florida
Statutes, State agencies m(,Jy conduct or arrange/or aau:Iib a/State finoncial assistance that are in addition to audia
conducted In accordance wit" Section 1/ J.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
l. Copies ofreporting packages fOl' audits conducted in accordance with OMB CUcular A-I33, as revised, and
required by PART I of this Attachment sha11 be submitted, when required by Section .320 (d), OMB
Circular A-I33, as revised, by or on behalf of the recipient ~ to each of the foDowing:
A. The Department ofBnvironmental Protection at the following address:
AucUt Direetor
Florida Department of Environmental Protection
Office of the Inspector General, MS 41
3900 CODD11ODwealth Boulevard
Tallahassee, Florida 32399.3 J 23
B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the number of
copies required by Sections .320 (d)(I) and (2), OMB Circular A-B3, as revised, should be
submitted to the Federal Audit Clearinghouse), at the fonowing address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
DEP Agreement No. LP6803, Attachment D, Page 2 of S
C. Other Federal agencies and pass-through entities in accordance with SectioDS .320 (e) and (f),
Ol\m Circular A..133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-I33, as revised, the recipient shaD submit a copy of the
reporting package dcscnbed in Section .320(c), OMB Circular A-I33, as revised, and any management
letters issued by the auditor, to the l>epartment 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 n of this Attachment shall be submitted by or on
behalf of the recipient ~ to each of the {ollowing:
A. The Department ofEnviromnentaJ Protection at the following address:
Audit Director
Florida Department of BnvirODl1Jm1ta1 Protection
Office oCthe Inspector Gene~ MS 41
3900 ColDDODweaJth Boulevard
Tallahassee, Florida 32399-3123
B. The Auditor General's Office at the fonowing address:
State of Florida Auditor General
Room 401, Claude Pepper Building
11 J West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART m of this Attachment shall be submitted by or
on behalf of tbc recipient ~ to the Department of Enviroomcntal Protection at the following address:
Audit Director
Florida Department ofBnviromuental Protection
Office of the Inspector General, MS 41
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3123
5. Any reports, management letters, OJ' other information required to be submitted to the Department of
Enviroamental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Cin:u1ar A-B3, Florida Statutes, or Chapters 10.550 (local govClJllDeDtaI entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the l>epartment of Eovironmental Protection
for audits done in accordance with Ol\m CircuJar A-133. or Chapters 10.550 (local governmental eotities)
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 comspondeoce accompanying the reporting
package.
DEP Agreement No. LP6803, Attachment D, Page 3 of S
PART V: RECORD RETENTION
The recipient shall retam 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 anow the Department of Environmental
ProtectioD, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shaIJ 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 m writing by the Department ofEnvirownentaJ Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP6803. Attachment 0, Page 4 of 5
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ATTACHMENT E
ADVANCE PAYMENT -INTEREST EARNED MEMORANDUM
WHEN REPORTING OR REMITTING, PLEASE RETURN A COpy OF THIS REQUEST
TO:
FROM:
Darinda Mclaughlin, Finance and Accounting Director
Bureau of Finance and Accounting, MS 78
DA TE:
SUBJECf:
Advance Payment - Contract No.
Interest Due to DEP:
Pursuant to Section 216.181(16). Florida Statutes. advance payments may be requUed to be deposited into an interest bearing account
until all fimds have been depleted. ID order to update the status on the uaused portioa of tbe advaaced ftmdt aadlor laterest due,
advance approval of the Chief Financial Ofticer, and the temII of the above rcfenmced coatract, the foUowiug infonnatioa is Deeded
for our records DO later t...
Initial advance ftmdiDa disbursed S
1. Advanced fuoda principle expended or retumcd by contractor covering period of
to S
2. Balance advance funding principle available S
3. Interest earned OD advanced fiU1ds covering period of to S
4. Amount of interest paid to DEP as of S
s. Interest balance due to DEP as of S
(Project M8Dlger'. Sipature) (Date)
SpeciallDstrudions: If the snmtIcoab'act specifies that any accrued intere.t,wfUch is based upon a graut/COJItract advance paymeat(s).
will not be paid to DEP until after tenniaation of the grant!CODIract. the advance fund recipient shall complete report items 1 and 2
only for the first three quarteJs of the .tate's fiscal year. The report for the state's fourth fiscal year quarter sbaU include items I, 2,3,
4, and S. Items 3, 4, and S 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 I aDd 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 I 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 I of 1
ATTACtJMENT 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 Jdentlfled In Section 215.422(14), florida Statutes, use of
this form Is waived. However, the purchase requlsftion or contract review form must dearly 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. (I' known): LP6803
CommoditieS/Services/Project Description:
Organizational Structure
(I.e. 'ocal aov't. non"DrotIt corooratlon. etc.)
Value of Purchase or Grant:
Advance Payment Amount Requested:
Period Advance Payment to Cover:
Indicate Statutory Authority:
GAA Year and Une Item Info:
I. RU80n advance pIIyment I. required:
= I 90 days startup
_ OUlrteriV
: 215.422, F.S
SFY: I
I 0 Full Contract Period
o Other (soeclfvl:
I 0 216.181, F.S.
I Une Item: J
2. Th. following Infarm.tlon required for adv8nC88 requutecl pursa.nt to 215.422, Florid. Sbltue.
(.nd the Comptroll."-. Voucher Proc-.lng H.ndIloOk) which exceed the parch...n. th....hold of
Cllteaorv two.. dtlfln_'n 287.017. Florid. Sbltu...
A. Document, I' 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. Indude the pen:ent
(%) 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 or Treasury at 850/413-2776
or SUnCom 29]-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. Identity the procurement method used to select the vendor.
3. Th. following Information required for adv.nc.. to Gov.rnment.. Entltl_ and Non-Profits pursuant
to 21&.181, Florida Statut_. (Llmlt.d to GAA Authorized, Statutorily Authorized, and Grant. Aid
ADDroDrl.tlon c.tMarl_ OSXXXX or 14XXXX)
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 Identlned 85 Interest earnIngs on advances, 2) must Identify the applicable DEP
Agreement (or Contract) No., and 3) be forwarded to the 'onowlng address:
florida Department of Environmental Protection
Bureau of Finance and AccountJng
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 Ft Page 2 of 3
3. The recipIent must provIde en estimated budget for each quart.r covered by the agreement. The
.ummary Inform.tJon should Include ..'.rI.., fringe benefJb, overh_d, contr.cts (Ipeclfy ..rvlCH to
be contracted out), equipment, If authorized (specify Item. to be purchased), suppll., tnlvel, end
other costs.
A sample summary format Is provided below. The summary should include the breakdown tor each quarter of the
agreement period.
Description Plrst QU8rter Second Third Quarte, Fourth Quarter
OU8rter
Safarles
(Identify oersonnel7tltles)
FrinGe Bene"ts
Contractual SelV'ces
(list services and estimated
costs)
Equipment
(Identify each Item and cost)
SUDDlles
Travel
other (SDeC'fy)
Overhead/Indirect
Tobll:
Certification statement
The rorgolng Information Is presented to the Florida Department of Environmental Protection In support of our
request for advance payment. I certify that the Infonnatlon provided accurately reflects the tlnandal
Issues fadng the entJty at this time.
By:
Type Name of Signatory: Date
TItle: Chief Flnandal Officer or deslanee
DEP Program Area ReVlew/ADDroval
Recommendlltlon: o Approve Request o Deny Request
By:
Type Name ot Signatory: Date
TItie: Bureau: DIvision:
The DEP Program Area should forward thIs Information to the Contracts Disbursements Section at MS78. The
Contracts Disbursements Section will forward requests tor advance payment to the State Comptroller tor review
and lealslature consultation. as 8DDroDrlate.
Bureau of Finance 8a AccountIng Use Only
DEP 55-222 (03-02)
DEP Agreement No. LP6803, Attachment F, Page 3 of 3
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BOARD OF COUNTY COMl\fiSSIONERS
AGENDAITEMSUMmdARY
lVleeting Date: 4/21/10
Division: Administrator
Bulk Item: Yes No ---X-
Department: Wastewater
Staff Contact PersonlPhone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval to execute Florida Department of Environmental Protection
(FDEP) Clean Water State Revolving Fund (SRF) Loan Agreement WW602091 for the estimated
principal amount of $20,134,400 which replaces Loan Agreement WW602090 also for the estimated
principal amount of $20,134,400.
ITEM BACKGROUND: FDEP requested that Monroe County replace Loan Agreement WW602090
with Loan Agreement WW602091 to update the loan funding source based on activity within FDEP's
leveraged and direct loan programs. The source of funds for Loan Agreement WW602090 is bonds
issued by the Florida Water Pollution Control Corporation. The source of funds for Loan Agreement
WW602091 is direct with FDEP. Once WW602091 is approved, Monroe County will repay the
"bridge" loan agreement with the Florida Rural Utility Financing Commission (FRUFC) thereby
reducing the loan interest amount.
PREVIOUS RELEVANT BOCC ACTION: On January 25, 2006, the Board of County
Commissioners (BOCC) approved for county staff to apply for funding for wastewater treatment
system construction in accordance with the Monroe County Sanitary Wastewater Master Plan from
Florida's State Revolving Loan Fund (SRF). On November 14, 2007, the BOCC approved a resolution
adopting the Big Coppitt Regional Wastewater Treatment System and South Lower Keys Regional
Wastewater Treatment Plant State Facilities Plan required for SRF loans. On December 19, 2007, the
BOCC adopted a resolution for the execution and delivery of the FRUFC bridge loan. On November
19, 2008, the BOCC adopted a resolution authorizing a Declaration of Official Intent required to
comply with U.S. Treasury Regulations for funding infrastructure projects with tax exempt bonds. On
August 19, 2009, the Board of County Commissioners (BOCC) approved Loan Agreement
WW602090 with the Florida Water Pollution Control Financing Corporation for the estimated
principal amount of $20,134,400.
CONTRACT/AGREEMENT CHANGES: Replace Loan Agreement WW602090 with WW602091.
STAFF RECOl\1MENDATIONS: Approval as stated.
TOTAL COST:$27, 134,960_ INDIRECT COST: BUDGETED: Yes -1L-No
(The total cost is 40 semiannual loan payments of $668,374 plus the loan service fee of $400,000.)
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $27.134.960
SOURCE OF FUNDS: non-ad valorem revenue
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
Page 1 of2
L,?;
APPROVED BY: County Atty_
DOCUl\'IENTATION: Included
DISPOSITION:
OMB/Purchasing _ Risk Management _
X Not Required_
AGENDA ITEM #
Revised 7/09
Page 2 of2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
FDEP
Contract #
Effective Date:
Expiration Date:
WW602091
upon execution by FDEP
20 years following
execution
Contract Purpose/Description:
FDEP has requested that Monroe County replace State Revolving Loan Fund (SRF) Agreement
WW602090 with SRF Agreement WW602091. The purpose of the SRF agreement is to
provide permanent financing at a better interest rate than the "bridge" loan for the Big Coppitt
Regional Wastewater Facility loan funded contracts. Agreement WW602090 was for a
leveraged loan with the Florida Department of Environmental Protection State Revolving Loan
Fund - Florida Pollution Control Financing Corporation. SRF Agreement WW602091 is for a
direct loan with the Florida Department of Environmental Protection. Initial certification due
June 15, 2010 and no later than September 30 of each year thereafter.
Contract Manager: Elizabeth Wood
(Name)
4525
(Ext. )
Wastewater/# 1
(Department/Stop #)
for BOCC meeting on
4/21/10
Agenda Deadline: Add-On
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,134,960
Budgeted? Y es~ No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 668,374
- - - -
----------
- - - -
----------
- - - -
~ -- --- -----
ADDITIONAL COSTS
Estimated Ongoing Costs: $1,336,748/yr For: Annual debt service
(Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director -- YesD NoD
Risk Management -- YesD NoD
O.M.B./Purchasing -- YesD NoD
County Attorney -- YesD NoD
Comments:
OMB Form ReVIsed 2/27/01 MCP #2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
MONROE COUNTY, FLORIDA
CLEAN WATER STATE REVOLVING FUND
CONSTRUCTION LOAN AGREEMENT
WW602091
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Bob Martinez Center
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
CLEAN WATER STATE REVOLVING FUND CONSTRUCTION LOAN AGREE1vlENT
CONTENTS
PAGE
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
1.02. CORREL'A TIVE WORDS.
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS.
2.02. LEGAL AUTHORIZATION.
2.03. AUDIT AND MONITORING REQUIREMENTS.
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS.
3.04. ASSETS HELD IN TRUST.
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
4.02. TITLE TO PROJECT SITE.
4.03. PERMITS AND APPROVALS.
4.04. ENGINEERING SERVICES.
4.05. PROHIBITION AGAINST ENCUMBRANCES.
4.06. COMPLETION MONEYS.
4.07. CLOSE-OUT.
4.08. LOAN DISBURSEMENTS.
ARTICLE V - RATES AND USE OF THE SEWER SYSTEM
5.01. RESERVED
5.02. NO FREE SERVICE.
5.03. MANDATORY CONNECTIONS.
5.04. RESERVED.
5.05. MAINTENANCE OF THE SEWER SYSTEM.
5.06. ADDITIONS AND MODIFICATIONS.
5.07. COLLECTION OF REVENUES.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
6.02. REMEDIES.
6.03. DELAY AND WAIVER.
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT.
7.02. ADDITIONAL DEBT OBLIGATIONS.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
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CLEAN WATER ST.~ TE REVOLVING FUND CONSTRUCTION LOAN AGREEtvlENT
CONTENTS
PAGE
8.02. PROJECT RECORDS AND STATEMENTS.
8.03. ACCESS TO PROJECT SITE.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
8.05. AMENDMENT OF AGREEMENT.
8.06. ANNULMENT OF AGREEMENT.
8.07. SEVERABILITY CLAUSE.
ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS.
9.02. SUBMITI AL OF CONSTRUCTION CONTRACT DOCUMENTS.
9.03. INSURANCE REQUIRED.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
10.02. LOAN SERVICE FEE.
10.03. FINANCING RATE.
10.04. LOAN TERM.
10.05. REPAYMENT SCHEDULE.
10.06. PROJECT COSTS.
10.07. SCHEDULE.
10.08. SPECIAL CONDITION.
ARTICLE XI - EXECUTION OF AGREEMENT
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CLEAN WATER ST ATE REVOLVING FUND CONSTRUCTION LOAN AGREEMENT
WW602091
THIS AGREEMENT is executed by the ST ATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and MONROE COUNTY, FLORIDA, (Local
Government) existing as a local governmental agency under the laws of the State of Florida.
WITNESSETH:
WHEREAS, pursuant to Section 403.1835, Florida Statutes, the Department is authorized to
make loans to local government agencies to finance or refinance the construction of wastewater
pollution control facilities, the planning and design of which have been reviewed by the
Department; and
WHEREAS, the Local Government has made application for the financing of the Project, and
the Department has determined that such Project meets all requirements for a loan.
WHEREAS, the Florida Water Pollution Control Financing Corporation and the Local Government
entered into Clean Water State Revolving Fund Loan Agreement WW602090; and
WHEREAS, the Department has requested that the Local Government enter into Clean Water
State Revolving Fund Construction Loan Agreement WW602091; and
WHEREAS, Agreement WW602091 replaces and supersedes Agreement WW602090.
NOW, THEREFORE, in consideration of the Department loaning money to the Local
Government, in the principal amount and pursuant to the covenants hereinafter set forth, it is
agreed as follows:
ARTICLE I - DEFINITIONS
1.01. WORDS AND TERMS.
Words and terms used herein shall have the meanings set forth below:
(1) "Agreement" or "Loan Agreement" shall mean this construction loan agreement.
(2) "Authorized Representative" shall mean the official of the Local Government
authorized by ordinance or resolution to sign documents associated with the Loan.
(3) "Capitalized Interest" shall mean a finance charge that accrues at the Financing Rate
on Loan proceeds from the time of disbursement until six months before the first Semiannual
Loan Payment is due. Capitalized Interest is financed as part of the Loan principal.
(4) "Depository" shall mean a bank or trust company, having a combined capital and
unimpaired surplus of not less than $50 million, authorized to transact commercial banking or
savings and loan business in the State of Florida and insured by the Federal Deposit Insurance
Corporation.
(5) "Financing Rate" shall mean the charges, expressed as a percent per annum,
imposed on the unpaid principal of the Loan. The Fiqancing Rate shall consist of an interest
rate component and a Grant Allocation Assessment rate component.
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(6) "Grant Allocation Assessment" shall mean an assessment, expressed as a percent
per annum, accruing on the unpaid balance of the Loan. It is computed similarly to the way
interest charged on the Loan is computed and is included in the Semiannual Loan Payment.
The Department will use Grant Allocation Assessment moneys for making grants to financially
disadvantaged small communities pursuant to Section 403.1835 of the Florida Statutes.
(7) "Loan" shall mean the amount of money to be loaned pursuant to this Agreement
and subsequent amendments.
(8) "Loan Application" shall mean the completed form which provides all information
required to support obtaining construction loan financial assistance.
(9) "Loan Debt Service Account" shall mean an account, or a separately identified
component of a pooled cash or liquid account, with a Depository established by the Local
Government for the purpose of accumulating Monthly Loan Deposits and making Semiannual
Loan Payments.
(10) "Loan Service Fee" shall mean an origination fee which shall be paid to the
Department by the Local Government.
(11) "Monthly Loan Deposit" shall mean the monthly deposit to be made by the Local
Government to the Loan Debt Service Account.
(12) "Non-ad Valorem Revenues" shall mean revenues collected on an annual basis in
accordance with the rules and regulations of the Florida Department of Revenue and the
Florida Statutes which shall benefit the Local Borrower's General Fund; the Law Enforcement,
Jail and Judicial Fund; the Unincorporated Parks and Beaches Fund; and the Planning, Building,
Code and Fire Marshal Fund.
(13) "Pledged Revenues" shall mean the specific revenues pledged as security for
repayment of the Loan and shall be the Non-ad Valorem Revenues derived yearly after the
satisfaction of all yearly payment obligations on account of any senior obligations issued
pursuant to Section 7.02 of this Agreement.
(14) "Project" shall mean the works financed by this Loan and shall consist of furnishing
all labor, materials, and equipment to construct the collection, transmission and treatment
facilities in accordance with the plans and specifications accepted by the Department for the
following contracts:
(a) "Rockland Key and Geiger Key Collection System"
(b) "Big Coppitt Wastewater Treatment Plant"
The Project is in agreement with the planning documentation accepted by the
Department effective November 20, 2007. A Florida Finding of No Significant Impact was
published on November 16, 2007 and no adverse comments were received.
(15) "Semiannual Loan Payment" shall mean the payment due from the Local
Government to the Department at six-month intervals.
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(16) "Sewer System'~ shall mean all facilities owned by the Local Government for
collection, transmission, treatment and reuse of wastewater and its residuals.
1.02. CORRELATIVE WORDS.
Words of the masculine gender shall be understood to include correlative words of the
feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall
include the plural and the word "person" shall include corporations and associations, including
public bodies, as well as natural persons.
ARTICLE II - WARRANTIES, REPRESENTATIONS AND COVENANTS
2.01. WARRANTIES, REPRESENTATIONS AND COVENANTS.
The Local Government warrants, represents and covenants that:
(1) The Local Government has full power and authority to enter into this Agreement
and to comply with the provisions hereof.
(2) The Local Government currently is not the subject of bankruptcy, insolvency, or
reorganization proceedings and is not in default of, or otherwise subject to, any agreement or
any law, administrative regulation, judgment, decree, note, resolution, charter or ordinance
which would currently restrain or enjoin it from entering into, or complying with, this
Agreement.
(3) There is no material action, suit, proceeding, inquiry or investigation, at law or in
equity, before any court or public body, pending or, to the best of the Local Government's
knowledge, threatened, which seeks to restrain or enjoin the Local Government from entering
into or complying with this Agreement.
(4) All permits, real property interests, and approvals required as of the date of this
Agreement have been obtained for construction and use of the Project. The Local Government
knows of no reason why any future required permits or approvals are not obtainable.
(5) The Local Government shall undertake the Project on its own responsibility, to the
extent permitted by law.
(6) To the extent permitted by law, the Local Government shall release and hold
harmless the State, its officers, members, and employees from any claim arising in connection
with the Local Government's actions or omissions in its planning, engineering, administrative,
and construction activities financed by this Loan or its operation of the Project.
(7) All Local Government representations to the Department, pursuant to the Loan
Application and Agreement, were true and accurate as of the date such representations were
made. The financial information delivered by the Local Government to the Department was
current and correct as of the date such information was delivered. The Local Government shall
comply with Chapter 62-503, Florida Administrative Code, and all applicable State and Federal
laws, rules, and regulations which are identified in the Loan Application or Agreement. To the
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extent that any assurance, representation, or covenant requires a future action, the Local
Government shall take such action as is necessary for compliance.
(8) The Local Government shall maintain records using generally accepted accounting
principles established by the Governmental Accounting Standards Board. As part of its
bookkeeping system, the Local Government shall keep accounts of the Sewer System separate
from all other accounts and it shall keep accurate records of all revenues, expenses, and
expenditures relating to the Sewer System, and of the Pledged Revenues, Loan disbursement
receipts, and Loan Debt Service Account.
(9) In the event the anticipated Pledged Revenues are shown by the Local
Government's annual budget to be insufficient to make the Semiannual Loan Payments for such
Fiscal Year when due, the Local Government shall include in such budget other legally
available non-ad valorem funds which will be sufficient, together with the Pledged Revenues,
to make the Semiannual Loan Payments. Such other legally available non-ad valorem funds
shall be budgeted in the regular annual governmental budget and designated for the purpose
provided by this Subsection, and the Local Government shall collect such funds for application
as provided herein. The Local Government shall notify the Department immediately in writing
of any such budgeting of other legally available non-ad valorem funds. Nothing in this
covenant shall be construed as creating a pledge, lien, or charge upon any such other legally
available non-ad valorem funds; requiring the Local Government to levy or appropriate ad
valorem tax revenues; or preventing the Local Government from pledging to the payment of
any bonds or other obligations all or any part of such other legally available non-ad valorem
funds.
(10) Each year, beginning three months before the first Semiannual Loan Payment and
ending with the year during which the final Loan repayment is made, the Local Government's
Authorized Representative or its chief financial officer shall submit, pursuant to the schedule
established in Section 10.07, a certification that: (a) Pledged Revenue collections satisfy, on a pro
rata basis, the rate coverage requirement; (b) the Loan Debt Service Account contains the funds
required; and (c) insurance, including that issued through the National Flood Insurance
Program authorized under 42 D.S.C. secs. 4001-4128 when applicable, in effect for the facilities
generating the Pledged Revenues, adequately covers the customary risks to the extent that such
insurance is available.
(11) Pursuant to Section 216.347 of the Florida Statutes, the Local Government shall not
use the Loan proceeds for the purpose of lobbying the Florida Legislature, the Judicial Branch,
or a State agency.
(12) The Local Government agrees to construct the Project in accordance with the Project
schedule. Delays incident to strikes, riots, acts of God, and other events beyond the reasonable
control of the Local Government are excepted. If for any reason construction is not completed
as scheduled, there shall be no resulting diminution or delay in the Semiannual Loan Payment
or the Monthly Loan Deposit.
(13) The Local Government covenants that this Agreement is entered into for the
purpose of constructing, refunding, or refinancing the Project which will in all events serve a
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public purpose. The Local Government covenants that it will, under all conditions, complete
and operate the Project to fulfill the public need.
2.02. LEGAL AUTHORIZATION.
Upon signing this Agreement, the Local Government's legal counsel hereby expresses
the opinion, subject to laws affecting the rights of creditors generally, that:
(1) This Agreement has been duly authorized by the Local Government and shall
constitute a valid and legal obligation of the Local Government enforceable in accordance with
its terms upon execution by both parties; and
(2) This Agreement specifies the revenues pledged for repayment of the Loan, and the
pledge is valid and enforceable.
2.03. AUDIT AND MONITORING REQUIREMENTS.
The Local Government agrees to the following audit and monitoring requirements.
(1) The financial assistance authorized pursuant to this Loan Agreement consists of the
following:
Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this Agreement Consist
of the Followini~:
Federal State
Program Federal CFDA Funding Appropriation
Number Agency Number CFDA Title Amount Category
CS120001-090 EPA 66.458 Capitalization Grants $20,000,000 140131
for State Revolving
Funds
(2) Audits.
(a) In the event that the Local Government expends $500,000 or more in Federal awards
in its fiscal year, the Local Government must have a single or program-specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. Subsection 2.03(1) of this
Agreement indicates that Federal funds are awarded through the Department by this
Agreement. In determining the Federal awards expended in its fiscal year, the Local
Government 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-
133, as revised. An audit of the Local Government conducted by the Auditor General in
accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements
of this part.
(b) In connection with the audit requirements addressed in the preceding paragraph (a),
the Local Government shall fulfill the requirements relative to auditee responsibilities as
provided in Subpart C of OMB Circular A-133, as revised.
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(c) If the Local Government expends less than $500,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised,
is not required. The Local Government shall inform the Department of findings and
recommendations pertaining to the State Revolving Fund in audits conducted by the Local
Government in which the $500,000 threshold has not been met. In the event that the Local
Government expends less than $500,000 in Federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, 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 Local Government resources obtained from other than Federal entities).
(d) The Local Government may access information regarding the Catalog of Federal
Domestic Assistance (CFDA) via the internet at www.cfda.gov/index?cck=l&au=&ck=.
(3) Report Submission.
(a) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by Subsection 2.03(2) of this Agreement shall be submitted,
when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Local
Government directly to each of the following:
(i) The Department at the following address:
Joe Aita, Audit Director
Office of the Inspector General
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, MS 41
Tallahassee, Florida 32399-3123
(ii) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320 (d){l) and (2), OMB Circular A-133,
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
Submissions of the Single Audit reporting package for fiscal periods ending on or
after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet
Data Entry System which can be found at http://harvester.census.gov / fac/
(iii) Other Federal agencies and pass-through entities in accordance with Sections
.320{e) and (f), OMB Circular A-133, as revised.
(b) Pursuant to Section .320{f), OMB Circular A-133, as revised, the Local Government
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133,
as revised, and any management letters issued by the auditor, to the Department at the address
listed under Subsection 2.03(3)(a) of this Agreement.
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( c) Any reports, management letters, or other information required to be submitted to
the Department 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.
(d) Local Governments, when submitting financial reporting packages to the
Department for audits done in accordance with OMB Circular A-133, 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 Local
Government in correspondence accompanying the reporting package.
(4) Project-Specific Audit.
Within 12 months after the amendment establishing final Project costs, the Local
Government shall submit to the Department a Project-specific audit report for the Loan related
revenues and expenditures. The audit shall address Loan disbursements received, Project
expenditures, and compliance with Loan Agreement covenants. The Local Government shall
cause the auditor to notify the Department immediately if anything comes to the auditor's
attention during the examination of records that would constitute a default under the Loan
Agreement. The audit findings shall set aside or question any costs that are unallowable under
Chapter 62-503, Florida Administrative Code. A final determination of whether such costs are
allowed shall be made by the Department.
(5) Record Retention.
The Local Government shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a perio~ of five years from the date the audit report is issued,
and shall allow the Department, or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Local Government shall ensure that audit working
papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor
General upon request for a period of five years from the date the audit report is issued, unless
extended in writing by the Department.
The Local Government 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. For federal financial assistance, the Local Government 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.
The Local Government should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these
requirements.
In addition, the Local Government agrees to complete and submit the Certification of
Applicability to Single Audit Act Reporting, Attachment A, attached hereto and made a part
hereof, within four (4) months following the end of the Local Government's fiscal year.
Attachment A should be submitted to the Department's Grants Development and Review
Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000.
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The Grants Development and Review Manager is available to answer any questions at
(850) 245-2361.
(6) Monitoring.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see audit requirements above), monitoring procedures may include, but not be limited
to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as
revised, and/ or other procedures. By entering into this Agreement, the Local Government
agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department. In the event the Department determines that a limited scope
audit of the Local Government is appropriate, the Local Government agrees to comply with any
additional instructions provided by the Department to the Local Government regarding such
audit. The Local Government further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor
General.
ARTICLE III - LOAN REPAYMENT ACCOUNT
3.01. LOAN DEBT SERVICE ACCOUNT.
The Local Government shall establish a Loan Debt Service Account with a Depository
and begin making" Monthly Loan Deposits no later than the date set forth for such action in
Section 10.07 of this Agreement.
Beginning six months prior to each Semiannual Loan Payment, the Local Government
shall make six Monthly Loan Deposits. The first five deposits each shall be at least equal to one-
sixth of the Semiannual Loan Payment. The sixth Monthly Loan Deposit shall be at least equal
to the amount required to make the total on deposit in the Loan Debt Service Account equal to
the Semiannual Loan Payment amount, taking into consideration investment earnings credited
to the account pursuant to Section 3.02.
Any month in which the Local Government fails to make a required Monthly Loan
Deposit, the Local Government's chief financial officer shall notify the Department of such
failure. In addition, the Local Government agrees to budget, by amendment if necessary,
payment to the Department from other legally available non-ad valorem funds all sums
becoming due before the same become delinquent. This requirement shall not be construed to
give superiority to the Department's claim on any revenues over prior claims of general
creditors of the Local Government, nor shall it be construed to give the Department the power
to require the Local Government to levy and collect any revenues other than Pledged Revenues.
3.02. INVESTMENT OF LOAN DEBT SERVICE ACCOUNT MONEYS.
Moneys on deposit in the Loan Debt Service Account shall be invested pursuant to the
laws of the State of Florida. Such moneys may be pooled for investment purposes. The
maturity or redemption date of investments shall be not later than the date upon which such
moneys may be needed to make Semiannual Loan Payments. The investment earnings shall be
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credited to the Loan Debt Service Account and applied toward the Monthly Loan Deposit
requirements.
3.03. LOAN DEBT SERVICE ACCOUNT WITHDRAWALS.
The withdrawal of moneys from the Loan Debt Service Account shall be for the sole
purpose of making the Semiannual Loan Payment or for discharging the Local Government's
obligations pursuant to Section 8.01.
3.04. ASSETS HELD IN TRUST.
The assets in all accounts created under this Loan Agreement shall be held in trust for
the purposes provided herein and used only for the purposes and in the manner prescribed in
this Agreement; and, pending such use, said assets shall be subject to a lien and charge in favor
of the Department.
ARTICLE IV - PROJECT INFORMATION
4.01. PROJECT CHANGES.
Project changes prior to bid opening shall be made by addendum to plans and
specifications. Changes after bid opening shall be made by change order. The Local
Government shall submit all addenda and all change orders to the Department for an eligibility
determination. After execution of all construction, equipment and materials contracts, the
Project contingency may be reduced.
4.02. TITLE TO PROJECT SITE.
The Local Government shall have an interest in real property sufficient for the
construction and location of the Project free and clear of liens and encumbrances which would
impair the usefulness of such sites for the intended use.
4.03. PERMITS AND APPROV AI.S.
The Local Government shall have obtained, prior to the Department's authorization to
award construction contracts, all permits and approvals required for construction of the Project
or portion of the Project funded under this Agreement.
4.04. ENGINEERING SERVICES.
A professional engineer, registered in the State of Florida, shall be employed by, or
under contract with, the Local Government to oversee construction.
4.05. PROHIBITION AGAINST ENCUMBRANCES.
The Local Government is prohibited from selling, leasing, or disposing of any part of the
Sewer System which would materially reduce operational integrity or Gross Revenues so long
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as this Agreement, including any amendment thereto, is in effect unless the written consent of
the Department is first secured.
4.06. COMPLETION MONEYS.
In addition to the proceeds of this Loan, the Local Government covenants that it has
obtained, or will obtain, sufficient moneys from other sources to complete construction and
place the Project in operation on, or prior to, the date specified in Article X. Failure of the
Department to approve additional financing shall not constitute a waiver of the Local
Government's covenants to complete and place the Project in operation.
4.07. CLOSE-OUT.
The Department shall conduct a final inspection of the Project and Project records.
Following the inspection, deadlines for submitting additional disbursement requests, if any,
shall be established, along with deadlines for uncompleted Loan requirements, if any.
Deadlines shall be incorporated into the Loan Agreement by amendment. The Loan principal
shall be reduced by any excess over the amount required to pay all approved costs. As a result
of such adjustment, the Semiannual Loan Payment shall be reduced accordingly, as addressed
in Section 10.05.
4.08. LOAN DISBURSEMENTS.
Disbursements shall be made only by the State Chief Financial Officer and only when
the requests for such disbursements are accompanied by a Department certification that such
withdrawals are proper expenditures. Disbursements shall be made directly to the Local
Government for allowance costs and reimbursement of the incurred construction costs and
related services. Disbursement of the allowance costs shall be made upon the Department's
receipt of a disbursement request form. Up to seventy percent of the estimated allowance shall
be disbursed after the Loan Agreement is signed. The remainder of the allowance shall be
disbursed after all procurement contracts are executed and shall be adjusted to reflect as-bid
costs. The entire estimated allowance may be disbursed after the Loan Agreement is signed if
the local government agrees to an allowance adjustment after all contracts have been bid.
Disbursements for materials, labor, or services shall be made upon receipt of the following:
(1) A completed disbursement request form signed by the Authorized Representative.
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.
(2) A certification signed by the Authorized Representative as to the current estimated
costs 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.
(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 purchased, or received, and applied to the Project in accordance with construction
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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.
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the Department.
ARTICLE V - RATES AND USE OF THE SEWER SYSTEM
5.01. RESERVED
5.02. NO FREE SERVICE.
The Local Government shall not permit connections to, or furnish any services afforded
by, the Sewer System without making a charge therefor based on the Local Government's
uniform schedule of rates, fees, and charges.
5.03. MANDATORY CONNECTIONS.
The Local Government shall adopt, as necessary, and enforce requirements, c~nsistent
with applicable laws, for the owner, tenant or occupant of each building located on a lot or
parcel of land which is served, or may reasonably be served, by the Sewer System to connect
such building to the Sewer System.
5.04. RESERVED.
5.05. MAINTENANCE OF THE SEWER SYSTEM.
The Local Government shall operate and maintain the Sewer System in a proper, sound
and economical manner and shall make all necessary repairs, renewals and replacements.
5.06. ADDITIONS AND MODIFICATIONS.
The Local Government may make any additions, modifications or improvements to the
Sewer System which it deems desirable and which do not materially reduce the operational
integrity of any part of the Sewer System. All such renewals, replacements, additions,
modifications and improvements shall become part of the Sewer System.
5.07. COLLECTION OF REVENUES.
The Local Government shall use its best efforts to collect all rates, fees and other charges
due to it. The Local Government shall establish liens on premises served by the Sewer System
for the amount of all delinquent rates, fees and other charges where such action is permitted by
law. The Local Government shall, to the full extent permitted by law, cause to discontinue the
services of the Sewer System and use its best efforts to shut off water service furnished to
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persons who are delinquent beyond customary grace periods in the payment of Water and
Sewer System rates, fees and other charges.
ARTICLE VI - DEFAULTS AND REMEDIES
6.01. EVENTS OF DEFAULT.
Each of the following events is hereby declared an event of default:
(1) Failure to make any Monthly Loan Deposit or to make any installment of the
Semiannual Loan Payment when it is due and such failure shall continue for a period of 30
days.
(2) Except as provided in Subsections 6.01(1) and 6.01(7), failure to comply with the
provisions of this Agreement or failure in the performance or observance of any of the
covenants or actions required by this Agreement and such failure shall continue for a period of
60 days after written notice thereof to the Local Government by the Department.
(3) Any warranty, representation or other statement by, or on behalf of, the Local
Government contained in this Agreement or in any information furnished in compliance with,
or in reference to, this Agreement, which is false or misleading.
(4) An order or decree entered, with the acquiescence of the Local Government,
appointing a receiver of any part of the Sewer System or Gross Revenues thereof; or if such
order or decree, having been entered without the consent or acquiescence of the Local
Government, shall not be vacated or discharged or stayed on appeal within 60 days after the
entry thereof.
(5) Any proceeding instituted, with the acquiescence of the Local Government, for the
purpose of effecting a composition between the Local Government and its creditors or for the
purpose of adjusting the claims of such creditors, pursuant to any federal or state statute now or
hereafter enacted, if the claims of such creditors are payable from Gross Revenues of the Sewer
System.
(6) Any bankruptcy, insolvency or other similar proceeding instituted by, or against,
the Local Government under federal or state bankruptcy or insolvency law now or hereafter in
effect and, if instituted against the Local Government, is not dismissed within 60 days after
filing.
(7) Failure of the Local Government to give immediate written notice of default to the
Department and such failure shall continue for a period of 30 days.
6.02. REMEDIES.
Upon any event of default and subject to the rights of others having prior liens on the
Pledged Revenues, the Department may enforce its rights by any of the following remedies:
12
(1) By mandamus or other proceeding at law or in equity, cause to establish rates and
collect fees and charges for use of the Sewer System, and to require the Local Government to
fulfill this Agreement.
(2) By action or suit in equity, require the Local Government to account for all moneys
received from the Department or from the ownership of the Sewer System and to account for
the receipt, use, application, or disposition of the Pledged Revenues.
(3) By action or suit in equity, enjoin any acts or things which may be unlawful or in
violation of the rights of the Department.
(4) By applying to a court of competent jurisdiction, cause to appoint a receiver to
manage the Sewer System, establish and collect fees and charges, and apply the revenues to the
reduction of the obligations under this Agreement.
(5) By certifying to the Auditor General and the Chief Financial Officer delinquency on
loan repayments, the Department may intercept the delinquent amount plus a penalty from any
unobligated funds due to the Local Government under any revenue or tax sharing fund
established by the State, except as otherwise provided by the State Constitution. The
Department may impose a penalty in an amount not to exceed an interest rate of 18 percent per
annum on the amount due in addition to charging the cost to handle and process the debt.
Penalty interest shall accrue on any amount due and payable beginning on the 30th day
following the date upon which payment is due.
(6) By notifying financial market credit rating agencies and potential creditors.
(7) By suing for payment of amounts due, or becoming due, with interest on overdue
payments together with all costs of collection, including attorneys' fees.
(8) By accelerating the repayment schedule or increasing the Financing Rate on the
unpaid principal of the Loan to as much as 1.667 times the Financing Rate for a default under
Subsection 6.01(1).
6.03. DELAY AND WAIVER.
No delay or omission by the Department to exercise any right or power accruing upon
event of default shall impair any such right or power or shall be construed to be a waiver of any
such default or acquiescence therein, and every such right and power may be exercised as often
as may be deemed expedient. No waiver or any default under this Agreement shall extend to
or affect any subsequent event of default, whether of the same or different provision of this
Agreement, or shall impair consequent rights or remedies.
ARTICLE VII - THE PLEDGED REVENUES
7.01. SUPERIORITY OF THE PLEDGE TO THE DEPARTMENT.
From and after the effective date of this Agreement, the Department shall have a lien on
the Pledged Revenues, which along with any other Department State Revolving Fund liens on
13
the Pledged Revenues, will be prior and superior to any other lien, pledge or assignment with
the following exception. All obligations of the Local Government under this Agreement shall
be junior, inferior, and subordinate in all respects in right of payment and security to any
additional senior obligations issued with the Department's consent pursuant to Section 7.02.
Any of the Pledged Revenues may be released from the lien on such Pledged Revenues in favor
of the Department if the Department makes a determination, based upon facts deemed
sufficient by the Department, that the remaining Pledged Revenues will, in each Fiscal Year,
equal or exceed 1.20 times the debt service coming due in each Fiscal Year under the terms of
this Agreement.
7.02. ADDITIONAL DEBT OBLIGATIONS.
The Local Government may issue additional debt obligations on a parity with, or senior
to, the lien of the Department on the Pledged Revenues provided the Department's written
consent is obtained. Such consent shall be granted if the Local Government demonstrates at the
time of such issuance that the Pledged Revenues, which may take into account reasonable
projections of growth of the Sewer System and revenue increases, plus revenues to be pledged
to the additional proposed debt obligations will, during the period of time Semiannual Loan
Payments are to be made under this Agreement, equal or exceed 1.20 times the annual
combined debt service requirements of this Agreement and the obligations proposed to be
issued by the Local Government and will satisfy the coverage requirements of all other debt
obligations secured by the Pledged Revenues.
ARTICLE VIII - GENERAL PROVISIONS
8.01. DISCHARGE OF OBLIGATIONS.
All payments required to be made under this Agreement shall be cumulative and any
deficiencies in any Fiscal Year shall be added to the payments due in the succeeding year and
all years thereafter until fully paid. Payments shall continue to be secured by this Agreement
until all of the payments required shall be fully paid to the Department. If at any time the Local
Government shall have paid, or shall have made provision for the timely payment of, the entire
principal amount of the Loan, and as applicable, Loan Service Fee, interest, and Grant
Allocation Assessment charges, the pledge of, and lien on, the Pledged Revenues to the
Department shall be no longer in effect. Deposit of sufficient cash, securities, or investments,
authorized by law, from time to time, may be made to effect defeasance of this Loan. However,
the deposit shall be made in irrevocable trust with a banking institution or trust company for
the sole benefit of the Department. There shall be no penalty imposed by the Department for
early retirement of this Loan.
8.02. PROJECT RECORDS AND STATEMENTS.
Books, records, reports, engineering documents, contract documents, and papers shall
be available to the authorized representatives of the Department and the U.S. Environmental
Protection Agency's Inspector General for inspection at any reasonable time after the Local
Government has received a disbursement and until five years after the date that the Project-
specific audit report, required under Subsection 2.03(4), is issued.
14
8.03. ACCESS TO PROJECT SITE.
The Local Government shall provide access to Project sites and administrative offices to
authorized representatives of the Department at any reasonable time. The Local Government
shall cause its engineers and contractors to cooperate during Project inspections, including
making available working copies of plans and specifications and supplementary materials.
8.04. ASSIGNMENT OF RIGHTS UNDER AGREEMENT.
The Department may assign any part of its rights under this Agreement after
notification to the Local Government. The Local Government shall not assign rights created by
this Agreement without the written consent of the Department.
8.05. AMENDMENT OF AGREEMENT.
This Agreement may be amended in writing, except that no amendment shall be
permitted which is inconsistent with statutes, rules, regulations, executive orders, or written
agreements between the Department and the U.S. Environmental Protection Agency. This
Agreement may be amended after all construction contracts are executed to re-establish the
Project cost, Loan amount, Project schedule, and Semiannual Loan Payment amount. A final
amendment establishing the final Project costs and the Loan Service Fee based on actual Project
costs shall be completed after the Department's final inspection of the Project records.
8.06. ANNULMENT OF AGREEMENT.
The Department may unilaterally annul this Agreement if the Local Government has not
drawn any of the Loan proceeds within twelve months after the effective date of this
Agreement. If the Department unilaterally annuls this Agreement, the Department will provide
written notification to the Local Government.
8.07. SEVERABILITY CLAUSE.
If any provision of this Agreement shall be held invalid or unenforceable, the remaining
provisions shall be construed and enforced as if such invalid or unenforceable provision had
not been contained herein.
ARTICLE IX - CONSTRUCTION CONTRACTS AND INSURANCE
9.01. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS.
The following documentation is required to receive the Department's authorization to
award construction contracts:
(1) Proof of advertising.
(2) Award recommendation, bid proposal, and bid tabulation (certified by the
responsible engineer).
15
(3) Certification of compliance with the conditions of the Department's approval of
competitively or non-competitively negotiated procurement, if applicable.
9.02. SUBMITTAL OF CONSTRUCTION CONTRACT DOCUMENTS.
After the Department's authorization to award construction contracts has been received,
the Local Government shall submit:
(1) Contractor insurance certifications.
(2) Certified copy of the Local Government's award resolution.
(3) Notices to proceed with construction.
9.03. INSURANCE REQUIRED.
The Local Government shall cause the Project, as each part thereof is certified by the
engineer responsible for overseeing construction as completed, and the Sewer System (hereafter
referred to as "Revenue Producing Facilities") to be insured by an insurance company or
companies licensed to do business in the State of Florida against such damage and destruction
risks as are customary for the operation of Revenue Producing Facilities of like size, type and
location to the extent such insurance is obtainable from time to time against anyone or more of
such risks.
The proceeds of insurance policies received as a result of damage to, or destruction of,
the Project or the other Revenue Producing Facilities, shall be used to restore or replace
damaged portions of the facilities. If such proceeds are insufficient, the Local Government shall
provide additional funds to restore or replace the damaged portions of the facilities. Repair,
construction or replacement shall be promptly completed.
ARTICLE X - DETAILS OF FINANCING
10.01. PRINCIPAL AMOUNT OF LOAN.
The estimated principal amount of the Loan is $20,134,400, which consists of $20,000,000
to be disbursed to the Local Government and $134,400 of Capitalized Interest.
Capitalized Interest is not disbursed to the Local Government, but is amortized via
periodic Loan repayments to the Department as if it were actually disbursed. Capitalized
Interest is computed at the Financing Rate, or rates, set for the Loan. It accrues and is
compounded annually from the time when disbursements are made until six months before the
first Semiannual Loan Payment is due. Capitalized Interest is estimated prior to establishing
the schedule of actual disbursements.
This project is a Segmented Project. Additional State Revolving Fund financing for the
Project is dependent upon the availability of additional funds. The current funding limitations
and future funding priority entitlement for Segmented Projects are set forth in the Chapter
62-503 of the Florida Administrative Code.
16
10.02. LOAN SERVICE FEE.
The Loan Service Fee is estimated as $400,000 for the Loan amount authorized to date.
The fee represents two percent of the Loan amount excluding Capitalized Interest amount; that
is, two percent of $20,000,000. The Loan Service Fee is estimated at the time of execution of the
loan agreement and shall be revised with any increase or decrease amendment. The Loan
Service Fee is based on actual Project costs and assessed in the final loan amendment. The Local
Government shall pay the Loan Service Fee from the first available repayments following the
final amendment.
Capitalized Interest is computed on the assessed Loan Service Fee at the Financing Rate,
or rates and included in the final amendment. It accrues and is compounded annually from the
final amendment date until six months before the first Semiannual Loan Payment is due. A
service fee assessed in a final amendment occurring later than six months before the first
Semiannual Loan Payment date would not accrue Capitalized Interest charges.
10.03. FINANCING RATE.
The Financing Rate on the unpaid principal of the Loan amount specified in
Section 10.01 is 2.71 percent per annum. The Financing Rate equals the sum of the interest rate
and the Grant Allocation Assessment Rate. The interest rate is 1.355 percent per annum and the
Grant Allocation Assessment rate is 1.355 percent per annum. However, if this Agreement is
not executed by the Local Government and returned to the Department before July I, 2010, the
Financing Rate may be adjusted. A new Financing Rate shall be established for any funds
provided by amendment to this Agreement.
10.04. LOAN TERM.
The Loan shall be repaid in 40 Semiannual Loan Payments.
10.05. REPAYMENT SCHEDULE.
The Semiannual Loan Payment shall be computed based upon the principal amount of
the Loan plus the estimated Loan Service Fee and the principle of level debt service. The
Semiannual Loan Payment amount may be adjusted, by amendment of this Agreement, based
upon revised information. After the final disbursement of Loan proceeds, the Semiannual Loan
Payment shall be based upon the actual Project costs, the actual Loan Service Fee and Loan
Service Fee capitalized interest, if any, and actual dates and amounts of disbursements, taking
into consideration any previous payments. Actual Project costs shall be established after the
Department's inspection of the completed Project and associated records. The Department will
deduct the Loan Service Fee and any associated interest from the first available repayments
following the final amendment.
Each. Semiannual Loan Payment shall be in the amount of $668,374 until the payment
amount is adjusted by amendment. The interest and Grant Allocation Assessment portions of
each Semiannual Loan Payment shall be computed, using their respective rates, on the unpaid
balance of the principal amount of the Loan, which includes Capitalized Interest. Interest (at
the Financing Rate) also shall be computed on the estimated Loan Service Fee. The interest and
17
Grant Allocation Assessment on the unpaid balance shall be computed as of the due date of
each Semiannual Loan Payment.
Semiannual Loan Payments shall be received by the Department beginning on
September 15, 2010 and semiannually thereafter on March 15 and September 15 of each year
until all amounts due hereunder have been fully paid. Funds transfer shall be made by
electronic means.
The Semiannual Loan Payment amount is based on the total amount owed of
$20,534,400, which consists of the Loan principal and the estimated Loan Service Fee.
10.06. PROJECT COSTS.
ThE~ Local Government and the Department acknowledge that the actual Project costs
have not been determined as of the effective date of this Agreement. Project cost adjustments
may be ma.de as a result of mutually agreed upon Project changes. Capitalized Interest will be
recalculated based on actual dates and amounts of Loan disbursements. If the Local
Government receives other governmental financial assistance for this Project, the costs funded
by such other governmental assistance will not be financed by this Loan. The Department shall
establish the final Project costs after its final inspection of the Project records. Changes in
Project costs may also occur as a result of the Local Government's Project audit or a Department
audit. The Local Government agrees to the following estimates of Project costs:
PROJECT COSTS
CA TEGORY
Allowance costs
Construction and Demolition
Contingencies
Technical Services After Bid Opening
SUBTOT AL (Disbursable Amount)
Capitalized Interest
TOTAL (Loan Principal Amount)
AUTHORIZED LOAN
COST($) AMOUNT($) TO DATE
1,565,972 Line items
19,005,012 may vary
950,251 based on Actual
1,300,000 Disbursements
22,821,235 20,000,000
134,400 134,400
22,955,635 20,134,400
10.07. SCHEDULE.
The Local Government agrees by execution hereof:
(1) Completion of Project construction is scheduled for March 15, 2010.
(2) The Loan Debt Service Account shall be established and Monthly Loan Deposits
shall begin ]10 later than March 15, 2010.
(3) 'The initial annual certification required under Subsection 2.01(10) of this Agreement
shall be due June 15, 2010. Thereafter the certification shall be submitted no later than
September 30 of each year until the final Semiannual Loan Payment is made.
(4) 'The first Semiannual Loan Payment in the amount of $668,374 shall be due
September 15, 2010.
18
10.08. SPECIAL CONDITION.
Prior to the release of any funds, the Local Borrower shall submit a certified copy of a
Resolution which shall authorize the application, establish the Pledged Revenues and establish
an Authorized Representative for signing the application and executing the Loan agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
19
ARTICLE XI - EXECUTION OF AGREEMENT
This Loan Agreement WW602091 shall be executed in three or more counterparts, any 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 Agreement to be executed on
its behalf by the Deputy Director and the Local Government has caused this Agreement to be
executed on its behalf by its Authorized Representative and by its affixed seal. The effective
date of this Agreement shall be as set forth below by the Deputy Director.
for
MONROE COUNTY
Chairman, Board of County Commissioners
I attest to the opinion expressed in Section
2.02, entitled Legal Authorization.
Attest
County Clerk
County Attorney
SEAL
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Deputy Director
Division of Water Resource Management
Date
Attachment included as part of this Agreement:
Attachment A - Certification of Applicability to Single Audit Act Reporting
20
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
April 15, 2010
Ms. Elizabeth Wood
Sr. Administrator, Sewer Projects
Momoe ~:ounty Board of Commissioners
1100 Sim.onton Street, Room 2-216
Key West, Florida 33040
Re: WV\'602091- Monroe County
Collection, Transmission & Treatment
(Big Coppitt & South Lower Keys)
Dear Ms., Wood:
Enclosed are three original copies of the proposed State Revolving Fund loan agreement
for your collection, transmission and treatment project.
Please have the officials designated on page 20 sign the enclosed three copies. The
Clerk's seal is required. Return all three copies to us within three weeks at 2600 Blair
Stone Road, MS 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Deputy
Division Director to sign the documents and mail a fully executed original to you.
We appreciate your participation in the State Revolving Fund loan program. If you have
any questions about the loan agreement, please call Erin Stacklyn at 850/245-8358.
Sincerely, ,
/J/ . ~t..#/ /
;f~t7('. ~~t~d.-
Robert E. Holmden, P.E., Chief
Bureau of Water Facilities Funding
RH/ es
Enclosures
cc: Judith Clarke - Monroe County Board of County Commissioners
Daru1Y Kolhage - Monroe County Board of County Commissioners
"A1orc Protection, Less Procc55"
H'I'll1'. dcp.statt~. fl.us
Chari ie Crist
Governor
Jeff Kottkanlp
Lt. Governor
Michael W. Sole
SecretaI}'
Florida Department of
Environmental Protection
Chari ie Crist
(~overnor
Jeff Kottkanlp
Lt. Governor
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
l\1ichacl VV. Sole
Secret,t1)'
April 19, 2010
Ms. Elizabeth Wood
Sr. Administrator, Sewer Projects
Monroe (:ounty Board of Commissioners
1100 Simonton Street, Room 2-216
Key West, Florida 33040
Re: WW'602090 - Monroe County
Collection, Transmission & Treatment
(Big Coppitt & South Lower Keys)
Dear Ms. Wood:
Enclosed are three original copies of proposed Amendment 1 to the State Revolving
Fund loa:n agreement for your collection, transmission & treatment project. The
anlendment annuls the agreement, as agreed to by Monroe County.
Please have the designated officials sign the enclosed three copies. The Clerk's seal is
required.. Return all three copies to us within three weeks at 2600 Blair Stone Road,
MS 3505, Tallahassee, Florida, 32399-2400. We will arrange for the designated officials to
sign the {locument and mail a fully executed original to you.
\Ve appreciate your participation in the State Revolving Fund loan program. If you llave
any questions about the loan agreement, please call Erin Stacklyn at 850/245-8358.
Sincerely,
/lLCcU~
Robert E. Holmden, P.E., Chief
Bureau of Water Facilities Funding
RH/ es
Enclosures
cc: Judith Clarke - Monroe County Board of County Commissioners
DarulY Kolhage - Monroe County Board of County Commissiollers
"J\1ore Protection, Less Process"
I 111'H'. dep. state.flus