2nd Amendment 04/21/2010
DANNY L. KOLHAGE
CLERK lJF THE CIRCUIT COURT
DA TE:
April 29, 2010
TO:
Elizabeth Wood, Senior Administrator
Sewer Projects
Pamela G. Han~c.
FROM:
At the April 21, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the State Financial Assistance Agreement, DEP Agreement
No. LP6803, Amendment No. 2 between Monroe County and the Florida Department of
Protection.
EnclCtsed are the four duplicate originals requested by you to forward to FDEP for
execution. })lease be sure to return two fully executed duplicate originals to our office for the
Official Record and the Finance Department. Also in the future, please provide enough copies
for our office to maintain a copy until the return of the Clerk's Original and the Finance
Department's Original and one for the County Attorney's Office.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney wlo document
Finance
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STATE FINANCIAL ASSISTANCE AGREEMENT
DEP AGREEMENT NO. LP6803
MONROE COUNTY
AMENDMENT NO.2
THIS AGREEMENT as entered into on the 27th day of June, '1JXJ7, and amended on the
Sill day of August 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTEcrION (hereinafter referred to as the uDepartment") and MONROB COUNTY
(hereinafter referred to as the uGranteell or "Recipient") is hereby amended.
WfIEREAS, 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 p.la.nned; and,
WHEREAS, the Grantee understands that cert:ilication forward of State Fiscal Year
2006-2007 funds supporting this Amendment beyond June 3()da of each year is subject to the
approval oj: the Governor's Office; and,
WHEREAS, the Grantee has requested an end date that extends beyond the current
authorized Jfunding period; and,
WHEREAS, the Grantee understands that if the Governor's Office does not approve the
Department' 8 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 necesBary.
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 followmg 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 3()lll 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 (Attuhment q shall be submitted describing the work performed,
problems encountered, problem resolution, schedule updates and proposed work for the next
DBP Agreement l~o. 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 authorizect the Grantee
shan report (and document as required under paragraph 3 and. on the Advanced Payment _
Interest Earned Memorandum" Attac:hment Ii) 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 shaH have ten (10) calendar days to review deliverables submitted
by the Grantee.
3. AttaduneDt A, Project Work Plan, is hereby amended to extend the date of completion for
the project to January 31, 2011.
In aU other respects, the Agreement of which this is an Amendment, and attachments
relative the:reto, shall remain in full force and effect.
REMAINDER OP THE PAGE INTBNTIONALL Y LEFT BLANK
DEP Agreement No. LP6803, AmendmcDI No. 2, Page 2 of 3
nus 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 WITNESS WHEREOF, the Department has caused this amendment to the State
Financial J\ssistance 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 shaD be as set forth below by
the Deputy' Director of the Deparbnent of Environmental Protection, Division of Water Resource
Management
Date:
APR 2 1 2010
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
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Deputy Director
Division of Water Resource Management
MAYO 7 2010
Date:
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*For Agreements with governmental boardsl commissions: If someone other than the Ctairman
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 ]~. LP6803, Amendment No. 2, Page 3 of 3
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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 I,
20 I 0, 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 of fUnding/completing this proposed project.
· Objective I: 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 performed 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 I 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 olf 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 a/so be rovided
Project Funding Matchin Funds and Source
Activi DEP Grant Fundin 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:
Non-ad valorem
revenue including
system
development fees
and sales tax
NotA licable
Not A licable
Not A licable
Not A licable
$10,962,000
$32,384,189
60%
$21 386 189
Amount of Match:
DEP Agreement No,. LP6803, Amendment 2, Attachment A-2, Page 2 of 3
. .
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, mE SAME DETAIL MUST BE PROVIDED FOR THE
MATCH.
Total Budget by Task: This should correspond with the tasks/activities identified and described
above.
I
Task
Construction and
Demolition
DEP Grant
Funding
$10,962,000
MatchinK Funds and Source
Matchinl 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 timelines shall require Department approval and amendment to the grant
agreement.
DEP Agreement No. lP6803, Amendment 2, Attachment A-2, Page 3 of 3