01/15/2003 Agreement
Clerk 011lle
Circuh coun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To:
Tim McGarry,
Growth Management Director
Attn:
Colleen Gardner
From:
Isabel C. DeSantis, . '. /,
Deputy Clerk ~
Date:
Tuesday, February 18, 2003
At the BoCC meeting of January 15,2003, the Board granted approval and
authorized execution of a Contract for Wastewater Service at South Stock Island,
Florida between Monroe County and Key West Resort Utility for completion of
wastewater improvements in fulfillment of grant obligations between the County and
the Florida Department of Environmental Protection under Grant Agreement LP0337.
Attached hereto is a fully executed duplicate original of the subject Agreement
for your handling. Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: County Attorney
Finance
File ~
CONTRACT FOR WASTEWATER SERVICE
AT SOUTH STOCK ISLAND, FLORIDA
TIllS CONTRACT is entered into by MONROE COUNTY, a political subdivision
of the State of Florida, whose address is the Marathon Government Center, 2798
Overseas Highway, Marathon, Florida 33050, hereafter the County, and Key West
Resort Utility whose address is P.O. Box 2125, Key West, Florida 33045 hereafter
KWRU.
Section 1. This Contract serves in partial fulfillment of the County's agreement
with the Florida Department of Environmental Protection (FDEP) (DEP
Agreement No. LP0037). Said agreement is attached as Attachment A of this
Contract for reference. The purpose of this agreement is to provide partial
funding for wastewater infrastructure improvements initiated and completed by
KWRU.
Section 2. The KWRU and the County, for the consideration named agree as
follows:
1. Work by KWRU will be completed as specified in its submittal to the
County on August 22,2002 (Attachment B).
2. The KWRU will provide the County with documentation for each item
described below. Completion of Project activities (a) through (g) below
shall be accomplished before March 1, 2003 to comply with.. statutory
SWMP-StateFnds 17 65AgreementContractKWRU030 1
01/02/03 2:33 PM
requirements pursuant to specific appropriation 1765A of the 2002-2003
General Appropriations Act (Chapter 2002-334, Laws of Florida). Said
submittals shall be made by the KWRU Grant Manager and shall be sent to
the County's Grant Manager in a single package not later than February 1,
2003.
(a) Establishment of rates, fees, and assessments for the revenue generation
system to recover capital costs and operation/maintenance.
(b) Certification of availability of local share of Project contract costs.
(c) Submittal of a plan for timely decommissioning of existing individual
on-site treatment and disposal systems.
(d) Certification of availability of the all wastewater collection/transmission
system sites, including easements and rights-of-way, including permission to
work on private property.
(e) Submittal of plans and specifications as used for advertised competitive
bidding.
(t) Submittal of recommendation for award to low responsive, responsible
bidder.
(g) Certification of operability.
.'~
Contract
01103/03 12:09 PM
2
3. The KWRU agrees to provide additional information regarding items ( a)
through (g) above as requested by the County or the project funding agency,
FDEP under its agreement with the County (DEP Agreement No. LP0037).
Section 3. Upon receipt of the submittal package described in Section 2.,
Subsection 2. the County will review all documentation prior to submittal to
FDEP for reimbursement. If there are any questions about completeness, the
KWRU will consult with the County and upon resolution of any questions,
provide any revisions to the submittal package as necessary. At this point, the
submittal package will be deemed fully complete. Payment for the fully
completed submittal package will be in the amount of $75,000. The KWRU
agrees to submit an invoice in this amount upon favorable completion of the
submittal package. The County will process the invoice from KWRU for
payment within 30 days of receipt.
Section 4. The County will provide the fully completed submittal package
provided by KWRU to FDEP for reimbursement. If there any questions on the
part of the FDEP, DEP Agreement No LP0037 Project Manager, Richard
Smith, KWRU agrees to consult with the Project Manager and resolve any
questions raised. Upon satisfactory resolution of any questions on the part of
the FDEP Project Manager, KWRU agrees to revise the fully completed
'-
Contract
01/021032:33 PM
3
submittal package as necessary. This package will be deemed the final
submittal package. Payment for the final submittal package will be in the
amount of $59,822. The KWRU agrees to submit an invoice in this amount
upon favorable completion of the final submittal package. The County will
process the invoice from KWRU for payment within 30 days of receipt.
Section 5. Either party may terminate this Contract because of the failure of the
other party to perform its obligations under the Contract. If the County
terminates this Contract because of the KWRU's failure to perform, then the
County must pay the KWRU the amount due for all work satisfactorily
completed as determined by the County up to the date of the KWRU's failure
to perform but minus any damages the County suffered as a result of the
KWRU's failure to perform. The damage amount must be reduced by the
amount saved by the County as a result of the Contract termination. If the
amount owed the KWRU by the County is not enough to compensate the
County, then the KWRU is liable for any additional amount necessary to
adequately compensate the County up to the amount of the Contract price.
Section 6. The KWRU acknowledges and agrees that public use of any or all
reports or other printed materials, videos, audio recordings, films and
photographs produced as part of this Plan may not be restricted under the
copyright laws of the United States of America.
Contract
01102/032:33 PM
4
Section 7. Records of the KWRU's direct personnel payroll and other costs and
expenses pertaining to the Project and records of the accounts between the
County and the KWRU must be kept on a generally recognized accounting
basis and must be available to the County. The records also must be in form
sufficient to permit a grant specific audit to be performed in accordance with
the rules of the Auditor General. The KWRU must keep the records for five
years following the completion of the Plan.
Section 8. The KWRU acknowledges that all records, data, and documents
created as part of the Plan are public records under Chapter 119, Florida
Statutes. As a result, they must be made available at a reasonable place and
time upon the request of a member of the public. Failure to do so is a breach
of this Contract entitling the County to treat the Contract as terminated on the
date of the violation of Chapter 119, Florida Statutes, with the County's
obligation to pay extending only to work completed as of that date plus
amounts previously retained, if any.
Section 9. In the course of carrying out the wastewater infrastructure
improvements, the KWRU may not discriminate against any employee
because of race, age, creed, color, sex or national origin. The KWRU will take
affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, age, creed,
color, sex, or national origin. Such action may include, but need not be
limited to, the following: employment upgrading, demotion, or "transfer;
Contract
01/02/03 2:33 PM 5
recruitment or recruitment advertising; lay-off or termination; rates of payor
other forms of compensation; and selection for training, including
apprenticeships. The KWRU must insert language similar to this Section in
any of the KWRU's subcontracts, if any, funded through this Contract except
for subcontracts for standard commercial supplies and raw materials.
Section 10.
In carrying out the water quality monitoring program, the
KWRU must comply with the requirements of the Americans With Disabilities
Act and federal regulations issued under that Act.
Section 11. The KWRU warrants that it has not employed, retained, or otherwise
had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision, the County, in its discretion, may terminate this
Contract without liability and may also, in its discretion, deduct from the
Contract or purchase price, or otherwise recover the full amount of any fee,
commission, percentage gift, or consideration paid to the former County officer
or employee.
Section 1 Z.
A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit
Contract
01/02/032:33 PM
6
a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not perform work as a contractor, supplier,
subcontractor, or KWRU under contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for the Category two for a
period of36 months from the date of being placed on the convicted vendor list.
Section 13.
The KWRU agrees to maintain adequate insurance or
equivalent as provided in Exhibit B.
Section 14. All communication between the parties should be through the
following individuals or their designees:
Monroe County
George Garrett, Director
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
KWRU
Doug Carter
Key West Resort Utility
P.O. Box 2125
Key West, Florida 33045.
Contract
01/02/032:33 PM
7
The effective date of this Contract is January 15, 2003 or upon the signature of all
parties.
n;!.;;:W;~S WHEREOF each party hereto has caused this Agreement to be
"";":"0'."~~')\~
(~'~~~~'~\IY authorized representative.
~(:~;At'~v;:~:T';' BOARD OF COUNTY COMMISSIONERS
~~s\f~~L;KOLHAGE, CLERK O~":O>;~A
B~C~ By
Deputy Clerk Mayor/Chairman
(SEAL)
Attest:
KEY WEST RESORT UTILITY
~itl~ / ~ ~I\A.-~
By
Title
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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01/02/032:33 PM
8
EXHIBIT A
Contract No. LP0037 between Momoe County and the
Florida Department of Environmental Protection
Appendix A
01/02/03 2:33 PM
~ .,'
STATE FINANCIAL ASSISTANCE AGREEMENT
MONROE COUNTY
DEP AGREEMENT NO. LP0337
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL
APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA)
TIllS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, the address for which is 2600 Blair Stone Road,
Tallahassee, Florida 32399 (hereinafter referred to as the ''Department'') and MONROE
COUNTY, the address for which is Gato Building, 1100 Simonton Street, Key West, Florida
33040 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government agency
under the laws of the State of Florida, to provide funds for constructing additions to the
wastewater collection systems for North Key Largo Utility and for Key West Resort Utility.
In consideration of the mutual benefits to be derived herefrom, the Department and the
Grantee do hereby agree as follows:
I. The Grantee does hereby agree to perform in accordance with the tenns and conditions set
forth in this Agreement, Attachment A (project Work Plan), and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. The
Grantee agrees to the completion of all activities set forth in Section C of Attachment A.
For purposes of this Agreement, the tenns "Contract" and "Agreement" and the tenns
"Grantee", "Recipient" and "Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than March
31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and
the Agreement is amended. The Grantee shall not be eligible for reimbursement for work
performed unless the Project Schedule is met. This Agreement shall be amended to
provide for disbursement of grant funds identified herein provided that all tenns and
conditions of this Agreement, including compliance with the Project Schedule, are met and
construction of the Project results. This Agreement may be amended one or more times
to provide for disbursements for any portion of the Scope of the Project Work outlined in
Section B of Attachment A. However all such amendments must be issued before March
31,2003.
3. In the event that the Agreement is amended as provided in paragraph 2. above, the
following disbursement provisions shall apply:
A. As consideration for the services rendered by the Grantee, the Department shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed $1,122,408 toward the
total Project cost estimate identified in Section A of Attachment A. It is acknowledged
that the cost estimate is based on preliminary estimates and requires updating, as
appropriate, by the Grantee according to Section C of Attachment A. In no event shall
payments to the Grantee exceed 100% of the eligtble project costs.
B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project
costs after approval of deliverables and acceptance of a properly submitted Payment
Request Summary Form. The Payment Request Summary Form would be incorporated
into this Agreement by amendment. A Professional Engineer shall be responsible for
overseeing construction. In addition to the snmmary form, the Grantee must provide
sufficiently itemized invoices for the materials, labor, or services to identify the nature of
the work performed; the cost or charges for such work; and the person or entity providing
the service or performing the work.
C. In addition to the invoicing requirements referenced in paragraph 3.B. above, the
Department may periodically request proof of a transaCtion (invoice, etc.) to evaluate the
appropriateness of costs pursuant to State guidelines. This information when requested
must be provided within 30 calendar days of such request. All bills for amounts due 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 State Comptroller's Voucher
Processing Handbook at http://www.dbf.state.fl.uslaadir/tochandbk.html.
E. All costs incurred by the Grantee for its own employees in planning. designing,
constructing, administering, managing, evaluating, and inspecting the Project are not
eligible for reimbursement under this Agreement or any amendment thereof.
F. Travel costs are not authorized for reimbursement under this Agreement or any
amendment thereof.
G. The purchase of non-expendable equipment for use by the Grantee is not authorized under
the terms of this Agreement or any amendment thereof.
4. The State of Florida's performance and obligation to pay under this Agreement as
amended would be contingent upon an annual appropriation by the Legislature. The
parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful
acts of its employees and agents. However. nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
6.A The Department may terminate this Agreement at any time in the event of the failure of
the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
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.
2
6.B. The Department may terminate this Agreement for convenience by providing the Grantee
with thirty (30) calendar days written notice.
7. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee
to allow public access to all documents, papers, letters, or other material made or received
by the Grantee in conjunction with this Agreement, unless the records are exempt from
Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida
Statutes.
8. The Grantee shall maintain books, records and documents directly pertinent to
perfonnance under this Agreement in accordance with generally accepted accounting
principles consistently applied. The Department, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. The Grantee shall
similarly require each subcontractor to maintain and allow access to such records for audit
purposes.
9. In addition to the provisions contained in paragraph 8 above, the Grantee shall comply
with the applicable audit, monitoring, and record keeping provisions contained in
Attachment B. A revised copy of Attachment B, Exhibit-l shall be provided to the
Grantee with each Agreement amendment that affects the information contained therein.
A revised Exlnbit-l shall summarize the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment B.
If the Grantee fails to receive a revised copy of Exhibit -1, the Grantee shall notify the
Department's Grant Manager indicated in this Agreement to request a copy of the updated
information.
10. A. The Grantee shall not subcontract, assign, or transfer any construction services or
equipment/material procurement work to be funded under this Agreement as amended
without the prior written consent of the Department's Grant Manager. The Grantee
agrees to be responsible for the fulfilhnent of all work elements included in any
subcontract 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, and that the Grantee
shall be solely liable to any subcontractor for all expenses and liabilities incurred under the
subcontract.
10.B. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities afforded by this Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State of Florida. Upon request of the Grantee, the
Department will furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement and any amendment thereto for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
3
12. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department. The Grantee acknowledges that this requirement
includes compliance with all applicable federaL state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts (by
change order ifnecessary) issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Dick Smith
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245 - 8358
Fax: (850) 245 - 8411
14. The Grantee's Grant Manager for this Agreement is identified below.
George Garrett, Director
Division of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289 - 2507
Fax: (305) 289 - 2536
15. To the extent required by law, the Grantee will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers1 Compensation Insurance for all of its
employees connected with the work of this Project. The Grantee shall require each
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the Grantee.
Such self-insurance program or 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 Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to
the Department, for the protection ofhis employees not otherwise protected.
16. 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 may be specifically provided in
this Agreement. Alternatively, the Grantee warrants and represents that it is self-funded
for liability insurance, appropriate and allowable under Florida law, and that such self-
insurance offers protection applicable to the Grantee's officers, employees, servants and
agents while acting within the scope oftheir employment with the Grantee.
17. 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.
4
18. The Department may at any time, by written order designated to be a change order, make
any change in the work within the general scope of this Agreement (e.g., requirements,
etc.). This Agreement does not incorporate such subcontracts, assignments, or transfers
as may be approved by the Department pursuant to paragraph 10.A All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change
order that could result in the Grantee's ability to pay for Project work, change the amount
offunding under this Agreement, or increase the time for completion of Project work shall
require a formal amendment to this Agreement.
19. 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.
19.B. An entity or affiliate that bas 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
works, may not submit bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under contract with
any public entity, and may not transact business with any public entity. The Florida
Department of Management Services is responsible for maintaining the discriminatory
vendor list and intends to post the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity, at 850/487-0915.
20. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consuhant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S., for Category Two, for a period of 36 months from the date of
being placed on the convicted vendor list.
21. This Agreement represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Agreement shall only be valid when
they have been reduced to writing, duly signed by each of the parties hereto, and attached
to the original of this Agreement, unless otherwise provided herein.
22. Any dispute between the Contractor and the Department involving the adequacy of
required submittalsldeliverables, including the justification for award of the design/build
contract, described in Attachment A, shall be resolved at the lowest organizational level
possible. However, final decisions over disputed issues may be made by the Director,
Division of Water Resource Management or designee.
5
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
the day and year last written below.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BY:~~ >n ~
Mayor/Chairperson
By:
~!)~
Director, Division of Water Resource
Management
Date:
01- I s-03
Date:
/2-/9-62-
CJ~dt<
By:
/Sh;)J~ / D. c:.. .
List of attachments/exhibits included as part of this Agreement:
Specify Type
Letter/
Number
A
B
Description (include number of pages)
Attachment
Attachment
Project Work Plan (2 Pages)
Audit Requirements (5 Pages)
APPROVED AS TO FORM
AND. LI::G;,L S.UFfJCIENCY
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BY ~ . v:.:.r L
Attorney's Office
6
ATTACHMENT A
MONROE COUNTY
North Key Largo Utility and Key West Resort Utility Wastewater Management Systems
A. PROJECT BUDGET INFORMATION
PROJECT BUDGET
Category of Expenditure DEP Funds Other Funds Total Funding
FY 02/03 FY 03/04 FY 04/05
North Key Lal'2o Utility
Design $ 0 $ 0 $ 0 $ TBI. $ TBI.
Construction $ 987,586 $ 0 $ 0 $ TBI* $ TBI*
Tech. Services during $ 0 $ 0 $ 0 $ TBI* $ TBI*
Construction
Other $ 0 $ 0 $ 0 $ TBI* $ TBI*
SUBTOAL $ 987,586 $ 0 $ 0 $ 2,912,414 $ 3,900,000
Key West Resort Utility
Engineering /Inspection $ 0 $ 0 $ 0 $ 279,000 $ 279,000
Construction $ 134,822 $ 0 $ 0 $ 3,365,178 $ 3,500,000
Contingency $ 0 $ 0 $ 0 $ 380,000 $ 380,000
Administration/Legal $ 0 $ 0 $ 0 $ 347,000 $ 347,000
Testing $ 0 $ 0 $ 0 $ 100,000 $ 100,000
SUBTOTAL $ 134,822 $ 0 $ 0 $ 4,471,178 $ 4,606,000
GRAND TOTAL $1,122,408 $ 0 $ 0 $ 7,383,592 $ 8,506,000
Note: TBI* means To Be Identified by Grantee
B. SCOPE OF PROJECT WORK:
Sewer extensions are to be constructed for the North Key Largo Utility Corporation and for the Key
West Resort Utility, Incorporated. The facilities to be constructed will provide for decommissioning
of existing individual on-site wastewater treatment and disposal systems. Wastewater treatment and
disposal will be provided at the existing facilities serving each of the two Utilities.
C. PROJECT SCHEDULE
1. North Key Largo Utility
Completion of Project activities (a) through (e) below shall be accomplished before March 1, 2003
to comply with statutory requirements. All submittals shall be made by the Recipient's Grant
Manager and shall be sent to the Department's Grant Manager.
DEP Agreement LP0337, Attachment A, Page 1 of2
(a) Submittal of updated Section A Project Budget Information.
(b) Submittal of inter-local agreement for construction of sewers.
(c) Certification of availability of the all wastewater collection/tranSmission system sites, including
easements and rights-of-way, including permission to work on private property (submittal to the
Department is required).
(d) Submittal of plans and specifications as used for advertised competitive bidding.
(e) Submittal of recommendation for award to low responsive, responsible bidder.
(f) Certification of operability (submittal to the Department is required).
2. Key West Resort Utility
Completion of Project activities (a) through (f) below shall be accomplished before March 1,2003 to
comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager
and shall be sent to the Department's Grant Manager.
(a) Establishment of rates, fees, and assessments for the revenue generation system to recover
capital costs and operation/maintenance costs (submittal to the Department is required).
(b) Certification of availability of local share of Project contract costs (submittal to the Department
is required).
(c) Submittal of a plan for timely decommissioning of existing individual on-site treatment and
disposal systems.
(d) Certification of availability of the all wastewater collection/transmission system sites, including
easements and rights-of-way, including permission to work on private property (submittal to the
Department is required).
(e) Submittal of plans and specifications as used for advertised competitive bidding.
(f) Submittal of recommendation for award to low responsive, responsible bidder.
(g) Certification of operability (submittal to the Department is required).
DEP Agreement LP0337, Attachment A, Page 2 of2
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of funds 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/oc monitoring by the Department of Environmental Protection, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS"
below), 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
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 Comptro]]er 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 defined in OMB
Circular A -133, as revised.
1. In the event that the recipient expends $300,000 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-133, as revised. EXlllBIT 1 to this agreement indicates Federal ftmds awarded through the Department
of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal
year, the recipient shan consider all sources of Federal awards, including Federal funds received from the
Department of Environmental Protection. The determination of am01mts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-I33, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-l33, as revised, is not required. In the event that the
recipient expends less than $300,000 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 funds (i.e., the cost of such an audit must be paid from recipient ftmds obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httpl/aspc.os.dhhs~0\/crda.
DEP Agreement No. LP0337, Attachment B, Page 1 of5
PART n: STATE FUNDED
This part is applicable if the recipient is a nmstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance
provided to the recipient to carry out a State project) equal to or in excess of 5300,000 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 Executive Office of the Governor
and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXlllBIT 1 to this agreement
indicates State funds awarded through the
Department of Environmental Protection by this agreement In determining the State awards expended in
its fiscal year, the recipient shall consider all sources of State awards, including State funds received from
the Department of Environmental Protection, except that State awards received by a nonstate entity for
Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and ChaptCf' 10.600, Rules of
the Auditor General.
3. If the recipient expends less than 5300,000 in State awards 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 $300,000 in State awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other
than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial
Assistance (CSF A), a recipient should access the website for the Governor's Office located at
http://suno.dms.statc.n.us/fsaal for assistance. In addition to the above website, the following websites may
be accessed for information: Legislature's Website hap://,,\\,' .lc!:!,.statdl.us/, Governor's Website
htto:l!m"dlgov.comJ, Department of Banking and Finance's Website
11tto:l!\\"".dbfstatc.n.us/aadir/FSAAlndc\:html, and the Auditor General's Website
ht t 0:1; Stille) .dms. state. n. us/ audgcn.
PART m: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency'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).)
DEP Agreement No. LP0337, Attachment B, Page 2 of 5
PART IV: REPORT SUBMISSION
1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised. and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circu1ar
A-l33, as revised. by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, as revised (the number of
copies required by Sections .320 (dXl) 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
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-l33, as revised.
2. Pursuant to Section .320(t), OMB Circular A-l33, as revised, the recipient 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 of Environmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road. MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
11 1 West Madison Street
Tallahassee, Florida 32302-1450
DEP Agreement No. LP0337, Attachment B, Page 3 of5
4. Copies of reports or management letters required by PART ill of this agreement shall be submitted by or
on behalf of the recipient directly to the Department of Envirmmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
S. Any reports. management letters, or other information required to be submitted to the Department of
Enviroomental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence
accompanying the audit report.
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, access to such records upon request. The recipient shall ensW'e that audit working papers
are made available to the Department of Environmental Protection or its designee, upon request for a period of 3
years from the date the audit report is issued, lIDless extended in writing by the Department of Environmental
Protection.
DEP Agreement No. LP0337, Attachment B, Page 4 of5
ATTACHMENT B,EXHIBIT-1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following: ,,
State
Federal
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
-_ate Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Funds for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Funds Awarded to the Recipient Pursuant to this Agreement Consist of the Following Funds Subject of Section 215.97,F.S.:
Catalog
of State
Financial CSFA Title State
State State Assistance or Appropriation
Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Number
Original Land Acquisition Trust Fund 2002-2003 37.039 Statewide Surface Water Restoration $1,122,408 088962d
-/,Agreement Line Item 1765A And Wastewater Projects
Total Award . $1,122,408
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[hup://aspe.os.dhhs.gov/cfda]and/or the Florida Catalog of State Financial Assistance(CSFA)[huh://sun6.dms.statc Il,us/Isatii. The services/purposes for which the
funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No.LP0337,Attachment B,Page 5 of 5
EXHIBIT B
Grant Application Information and Scope of Work
Appendix E
01/02/03 2:33 PM
KW Resort Utilities
P.O. Box 2125
Key West, Florida 33045
Telephone (305) 294-9578
Fax (305) 294-1212
August 22, 2002
To: George Garren
Director of Marine Resources
Monroe County
Subject: Summary, Implementation, Plan, and Schedule for South Stock Island
wastewater project.
A. Executive summary:
1. Proposed facilities for wastewater management, performance
requirements:
KW Resort Utility is the proposed facility for wastewater
management. The .499 MGD treatment facility consists of two
independent treatment trains, a.250 MGD plant and a .249 MGD
plant. The extended aeration process is followed by sand bed
filtration and disinfected with chlorine. The chlorinated effluent is
directed to an effluent pump station located at the Key West Golf
Club. Reuse water is directed to the golf course storage ponds for
spray irrigation.
2. Procurement approach:
KWRU will complete a design-bid-build approach with the
facility site already owned and operated by KWRU.
3. Project sponsor (local government applying for funding):
KW Resort Utility is applying to assist Monroe County and
Monroe County residents for the county's reimbursements of the
South Stock Island sewer project costs.
4. Contact person and project manager:
Jeff W eiler, PE Weiler Engineering. 941-764-6447
John Johnson, PE Weiler Engineering. 941-764-6447
Chris Johnson, Weiler Engineering Project manager. 941-
764-6447
Doug Carter, KWRU General Manager. 305-294-5232
5. Wastewater service area or storm water drainage area:
The wastewater project will take part in three phases. All
three phases are located in South Stock Island, FL. This project will
connect approximately 1500 EDU's.
6. Costs:
The South Stock Island Sewer expansion project will cost
$4,600,000.
7. Source of funds and anticipated amounts:
Monroe County has entered into a contract with KWRU to
purchase the remaining capacity at the plant for $4,600,000. With
this money KWRU has agreed to install a vacuwn sewage
collection system on South Stock Island.
B. Project implementation plan:
1. Participating organizations and responsibilities:
Greenfairways Inc. Construction Management.
Weiler Engineering. Project Engineer.
E.T. MacKenzie of Florida, Inc. Underground utility
contractor .
Dave Kopel. Monroe County Engineer and inspector.
Airvac installation technician. Airvac inspector.
2. Key Personnel assigned:
Greenfairways Inc. William L. Smith, President.
Weilier Engineering. Jeff Weiler, John Johnson, Chris
Johnson, and Elizabeth Ignoffo.
E.T. MacKenzie ofFL, Inc. Harvey Davis, Division
Manager
KW Resort Utilities. Doug Carter, General Manager.
3. Description of the technical. managerial, financial, and legal
services that will be provided by the participating organizations and
those that will be provided under "external" service agreements.
The technical support will come from the team of engineers
at Weiler Engineering, along with full time field inspectors
and technicians from Airvac Corp. during the installation of
the Airvac collection system. Management responsibilities
will be handled by Green Fairways with assistance from the
KWRU management staff.
The fmancial aspect will be handled by two parties
according to the previously signed contract. The KWRU
accounting staff in coordination with the assistance of he
Monroe County Clerk's Office will administer the
construction draws.
The legal aspects will be handled by The Law Offices of
Rose, Sundstrom, and Bentlty, Tallahassee, FL and The
Law Offices of Smith, Hemmesch, Burke, and Brannigan,
Chicago, IL. E.T. MacKenzie will handle the installation of
the vacuum system under a separate contract with KWRU.
C. Project schedule identifying dates completion.
1. Planning
a. Documentation of master plan consistency:
FDEP has permitted the South Stock Island Expansion and
the Monroe County engineering department has approved
the expansion.
b. Revenue generation system (charges, fees, and assessments)
for the recovery of capital costs and operation / maintenance
costs (including legal authorization such as rule adoption) with
explanation of any features for accommodating financially
distressed customers.
The revenue for this project was generated by Monroe
County purchasing the remaining KWRU capacity from the
Monroe County infrastructure fund. The capacity fees paid
to KWRU are to be used to build a vacuum collection
system on South Stock Island.
Monroe County will recover their capital expenses from the
purchase of the capacity fees when each individual
customer connects to KWRU's sewer system. Operation
and maintenance expenses will be recovered by KWRU's
monthly customer billing which is regulated the Public
Service Commission. The Momoe County Commission has
been deliberating how to help distressed customers with
their connection fees, but they have not come to any
conclusions yet.
c. Public notice and public participation in project decisions:
Public notices will be published in local newspapers.
Respectfully submitted,
Doug Carter
General Manager
K W Resort Utility