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12/01/1994 INTERLOCAL AGREEMENT WHEREAS, Monroe County (hereafter County) has received a $98,183 grant from the state Department of Community Affairs Coastal Management program (hereafter DCA grant) to perform a cesspool identification and elimination project; WHEREAS, a portion of that project involves the inspection and permitting of on -site disposal systems (hereafter OSDS); and WHEREAS, the State of Florida, Department of Health and Rehabilitative Services /Monroe County Public Health Unit (hereafter HRS) represents that it is desirous to perform the inspections and permitting and is competent to do so; now, therefore, THIS INTERLOCAL AGREEMENT is entered into by and between the County and HRS under the authority granted in Section 163.01, Florida Statutes. IN CONSIDERATION of the mutual covenants and consideration set forth below, the parties agree as follows: WITNESSETH: 1. The County agrees to pay HRS, as a contractual service provider under the DCA grant, the total sum of $72,159, payable solely out of the DCA grant received by the County, and payable quarterly according to the schedule and procedures set forth in Sections 4 - 10. 2. HRS shall use the funds furnished under this Agreement to assist the County in meeting Objectives 1 - 8 of the County's Subgrant Application for Federal Coastal Zone Management Act Funds (hereafter Application), as specified in Section E, page 19 of the Application. A copy of the application is attached hereto and incorporated by reference as Attachment A. Specifically, HRS shall commence and complete the following tasks as scheduled: TASKS I. DATA PREPARATION: A. Provide the County staff with HRS permitting data, including key, subdivision name, lot, block, Real Estate number where available, and OSDS type and size for all newly installed and repaired OSDS in the unincorporated County for 1992 and 1993. This information shall be provided in DBASE or LOTUS format. HRS shall allow County staff access to HRS permitting files where necessary to locate missing data. DATE OF COMMENCEMENT DATE OF COMPLETION Upon County Commission 30 days after the date approval of this Agreement of County Commission approval of Agreement B. Assist the County, where possible, in identifying the location and Real Estate number for those properties in which a discrepancy exists or data is incomplete for HRS - permitted OSDS, so that the County staff may complete the preliminary database for Objective 1 of the project. DATE OF COMMENCEMENT DATE OF COMPLETION Upon County Commission 2/94 approval of this Agreement 2 II. SET -UP OF PROCEDURES AND POLICIES: A. In coordination with County staff, devise procedures for: inspection of voluntary respondents to the property owner letter, including record keeping, requirements for inspection, prioritizing inspections, type of inspections to be conducted, and response to citizen inquiries. This shall include HRS staff involvement in the drafting of a County ordinance to specify an operating permit procedure for septic tanks, as well as, policy and procedure memoranda, and other documents necessary for the start -up of this project. DATE OF COMMENCEMENT DATE OF COMPLETION 11/93 3/94 B. In conjunction with County staff, coordinate a public awareness program. DATE OF COMMENCEMENT DATE OF COMPLETION Upon contract execution 9/94 C. Hire and train temporary staff. DATE OF COMMENCEMENT DATE OF COMPLETION 1/94 9/94 III: NOTIFICATION OF PROPERTY OWNERS A. In conjunction with County staff, prepare a form letter to property owners requesting proof of a legal sewage system. (Mailout will be processed by the County.) DATE OF COMMENCEMENT DATE OF COMPLETION. 2/94 3/94 3 B. With the assistance of County staff, respond to property owners' questions and the proof provided, verify the owners' documentation, and record legal status of the OSDS. HRS staff responsibilities shall include, but not be limited to, verifying owners' documentation of permitted OSDS by reviewing HRS records, and recording any changes to the database in a legible format. County staff will be primarily responsible for answering initial phone calls from the public until 22 weeks after the commencement of the grant agreement between DCA and the County for this project. Thereafter, when the County will no longer have temporary project staff, HRS will be responsible for answering questions. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 9/94 C. Record citizen responses as they are received. Separate those with permitted systems. Revise the database according to the outcome of the responses, verification and inspections. HRS staff shall provide County staff with a list of any changes that must be made to the septic tank log book database as a result of the letters to property owners. This list shall be in a legible format, preferably in MICROSOFT ACCESS, DBASE or LOTUS, and shall include all the types of information specified in Task IA above. DATE OF COMMENCEMENT DATE.OF COMPLETION 3/94 9/94 4 IV: PRIORITIZE SITES FOR INSPECTION: A. Analyze the listings of properties without permitted sewage systems, and the data received from respondents. Determine the most appropriate sites for inspection. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 9/94 B. Select 500 - 800 properties likely to have cesspools for inspection. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 9/94 V. INSPECTION: A. Schedule inspection for each selected property to which HRS is allowed access. DATE OF COMMENCEMENT DATE OF COMPLETION 1/94 9/94 B. Proceed to inspect properties. HRS shall inspect between 500 - 800 properties suspected of having an illegal OSDS. The following general procedure shall be used: If the property is thought to have a septic tank, request excavation of intake and outtake and inspect. If the owner produces proof of a permit at any time, then record same. If a septic tank is found, record as such. 5 If a cesspool or illegal OSDS is found, advise owner of the abandonment and upgrading process. Issue system construction and operating permits when appropriate and record same. Property owners' requests for OSDS variances shall be processed following the normal HRS procedure, as necessary. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 9/94 VI: DATA UPDATE AND PROJECT EVALUATION: A. HRS staff shall record any updates and changes to the septic tank log book and database that have resulted from Tasks IV and V, and provide County staff with a list of updates in MICROSOFT ACCESS or DBASE format. The list shall include all data types specified in Task Ia. DATE OF COMMENCEMENT DATE OF COMPLETION 9/94 9/94 B. In conjunction with County staff, assess the accuracy of the data, the effectiveness of the procedures, and the success of the project. Determine any necessary improvements to the procedures, database, or policies. DATE OF COMMENCEMENT DATE OF COMPLETION 9/94 10/94 6 VII. REQUIRED REPORTS: A. HRS staff shall provide data and information to County staff for the timely completion of the Quarterly Subgrant Performance Reports, the Quarterly Financial Claim Reports, the Annual Subgrant Performance Report, and the Final Financial Claim Report and Close -out Package, as required by the County's grant agreement with DCA. DATE OF COMMENCEMENT DATE OF COMPLETION 1/94 11/94 3. HRS shall attend the necessary public meetings required for County Commission review related to this project. 4. On a quarterly basis, HRS shall submit its requests for payment to the Accounting Specialist, Growth Management Division. Billing dates shall follow the timeframes set forth in the County's Acceptance and Agreement with DCA. The amount requested shall be based upon the actual services provided and equipment and supplies bought during the quarter. The request for reimbursement shall include support documentation itemizing the amount requested. Costs charged to the County for reimbursement from federal support funds shall be limited to the amounts specified for each item in Attachment B, which is attached hereto and incorporated into this Agreement by reference. Documented in kind and /or cash match may exceed the amounts specified for each item in Attachment B. 5. The County's Project Manager shall review the request for payment, and upon approval, shall submit the request for payment to the Office of Management and Budget (OMB). After approval, OMB shall submit the request to the County Clerk, who, after final approval, shall pay HRS the amount due. 7 6. Attachment B of this contract shall serve as the HRS budget for the project. Transfers of over $500 from one category to another shall only be allowed upon approval by the County's Project Manager. 7. By September 9, 1994, HRS shall provide in -kind and cash contractual services worth a minimum of $73,901. With each quarterly request for reimbursement, HRS shall submit an itemized account of matching funds expended. 8. HRS shall meet the deadlines specified in Section 2 above, and shall make reasonable progress toward meeting the matching funds obligation specified in Section 8. The County reserves the right to withhold quarterly reimbursement if, due to circumstances within HRS' control, these requirements are not met. If circumstances exist beyond HRS' control which prevent or delay the tasks specified in Section 2, reimbursements shall not be withheld, and this contract shall be amended to revise the project, including the tasks and deadlines specified in Section 2, accordingly. 9. A. HRS shall establish fiscal control and fund accounting procedures that assure for the proper accounting of grant funds and any required matching funds paid HRS under this Agreement. All HRS expenditures and costs accounting of funds paid under this Agreement shall conform to the National Oceanic and Atmospheric Administration Grant and Cooperative Agreements Policy Manual, February 1992 and the Office of Management and Budget Circulars A -87, A -110 and A -21, in their entirety. All funds not spent by HRS according to the terms of this Agreement shall be repaid to the County. 8 B. HRS shall also maintain for a period of three years auditable financial records sufficient to justify all expenses, costs incurred in performing the Tasks required under this Agreement as well as records of all payments, including in -kind contributions or payments, received in connection with performance of the Tasks. Further, the financial records shall be kept in such a fashion to enable the County to discharge its audit responsibility pursuant to The Single Audit Act of 1984 (31 USCA 7501- 7507), OMB Circular A -128, Sections 11.45 and 216.349, Florida, Chapters 10.550 and 10.600, Rules of the Florida Auditor General and other applicable federal or state law. Access to the records shall be provided weekdays, during normal business hours, upon the request of authorized representatives of the County, the State of Florida and the government of the United States. HRS shall be responsible for the repayment of any and all audit exceptions which are identified by the Clerk of the State of Florida, the United States, an independent auditor, or any employee or agent of any of them. In the event of an audit exception, the County may retain from any payment otherwise due HRS an amount equal to the exception. C. Allowance for costs incurred under this Agreement shall be determined according to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February 1992; OMB Circular A -87, (Cost Principles Applicable to Grants and Contracts with State and Local Government); and OMB Circular A -21 (Cost Principles for Educational Institutions). In order for the reimbursement under this Agreement for HRS funds expended for the procurement of services, supplies or equipment, the procurement procedure employed must be in accord with the National Oceanic and Atmospheric Administration Grant and Cooperative Agreements Policy Manual, February 1992; OMB Circular A -87, A -21; attachment "0" of OMB Circular A - 110; 9 and Florida law. Travel may be only reimbursed according to the provisions of Section 112.061, Florida. 10. By entering into this Agreement, HRS agrees to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000D et seq.) prohibiting discrimination under Federally assisted programs on the grounds of race, color or national origin and Department of Commerce regulations implementing Title VI (15 CFR Part 8); Title IX of the Education Amendments of 1972, as amended, (20 USC 1681, et seq.) prohibiting discrimination on the basis of sex in Federally assisted education programs or activities; Section 504 of the Rehabilitation Act of 1973 (29 USC 794) prohibiting discrimination under any program or activity receiving Federal financial assistance on the basis of handicap, and Department of Commerce regulations implementing Section 504 (15 CFR Part 8b); the Age Discrimination Act of 1975, as amended (42 USC 6101 et seq.) prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance, and Department of Commerce regulation implementing the Act (15 CFR part 20); Part III of Executive Order 11246 (30 FR 12319, September 25, 1965) as amended by Executive Order 11375 (32 FR 14303, October 17, 1967) requiring Federally assisted construction contracts to include the provision of 203 of the Executive Order and the regulations of the Department of Labor implementing the Executive Order with which the Department of Commerce and its recipients must comply (41 CFR 60- 1.4(b)); and any other regulations implementing these statutes and orders. 11. In addition to the record keeping and non - discrimination requirements described in Sections 4 - 11, HRS agrees to abide by all other applicable terms of the DCA grant to the County, a copy of which is attached to this Agreement and made a part by reference. 10 12. HRS acknowledges that funding for this contract is dependent on a grant from the DCA. In the event the funding is reduced or terminated, the County reserves the right to reduce the scope or number of tasks set forth in Section 2 or terminate this contract by written five (5) days notice to HRS. Subsequent to the written notice, the County shall not be responsible for the payment for any work performed by HRS in excess of that described in the County's written notice. 13. Either party may terminate this agreement for cause upon providing the other party fifteen (15) days' written notice thereof, measuring from the date the notice is received. For purposes of this Agreement, cause will be a material breach of the terms, conditions or obligations under this Agreement by the other party or refusal to allow public access to any documents or materials prepared by HRS pursuant to this Agreement in violation of Chapter 119, Florida Statues. Upon termination by the County, the County shall pay HRS the amount of compensation due for any expenses incurred related to this Agreement and as yet unpaid. Except, however, if the County terminates this Agreement for cause, it may retain from the final payment the amount equivalent to the damage, if any, the County suffered due to HRS' breach or default. If the amount of the final payment is insufficient to cover the County's damage, HRS shall be liable for any of the additional amount above the amount of the final payment. 14. Any and all modifications of the tasks, time of completion or reimbursement therefore, shall be amended by written amendment. 11 15. HRS agrees to use all non - expendable property for coastal management purposes during its useful life or request DCA disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished by the DCA or purchased pursuant to this Agreement according to federal property management standards set forth in the National Oceanic Atmospheric Administration's Policy Manual, February 1992, or the federal OMB Circular A -110, Attachment N. This obligation continues as long as HRS retains the property, notwithstanding expiration of this Agreement. When the equipment is no longer required, the recipient will dispose of the equipment in accordance with the Florida Coastal Management Program, pursuant to the National Oceanic and Atmospheric Administration's Grants and Cooperative Agreements Policy Manual. February 1992, and 15 CFR, Part 24. 16. This Agreement shall be governed by the laws of Florida. Venue for any action arising under this Agreement shall be in Monroe County, Florida. 17. Any waiver of any breach of the covenants herein contained to be kept and performed by HRS shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture or default for any succeeding breach, either of the same conditions or covenants or otherwise. 18. The County's Project Manager for this Agreement shall be the County's Senior Planner. All written notices, reports, invoices or other written communication required by this Agreement shall be sent by the parties via registered mail, return receipt requested, at their following respective addresses: 12 Holly Larson, Senior Planner Homer Rhode Monroe County Planning Department Environmental Administrator Monroe County Regional Service Ctr Wing I, Public Service Bldg 2798 Overseas Highway 5100 College Road W. Marathon, FL 33050 -2227 Key West, FL 33040 Interlocal Agreement - -HRS 19. HRS shall commence performance under this Agreement immediately upon its taking effect. 20. This Agreement shall take effect upon the filing of an executed original with the Clerk of the Circuit County of Monroe County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ja day of tiz@1LlscAt.4.4/ , 199e (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA ‘ �'` De. ty erk I Mayor /Chairman _. 9- (SEAL) FLORIDA DEPARTMENT OF HEALTH Attest: & REHABILITATIVE SERVICES By �X G n- By VCli! OFFICIAL NOTARY SEAL O DAVIE A CASAS NOTARY PUBLIC STATE OF FLORIDA 13 C b041S 1ON NO. CC328828 MY COMMISSION EXP. OCT. 30,1997 A FAc i NT A „Gj� WE y STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E • TALLAHASSEE, F L O R I D A 3 2 3 9 9 - 2 1 0 0 LAWTON CHILES LINDA LOOMIS SHELLEY Governor Secretary October 28, 1993 RECEIVE The Honorable Jack London NOV 15 Mayor of Monroe County PLANNING DEPT. Rt . 2, Box 67B LAND USE DIVISION Summerland Key, Fl 33042 RE: Cesspool Identification and Elimination Project for Monroe County 94- 0S- 72- 11 -54 -01 -015 Dear Mr. London: The Florida Coastal Management Program (FCMP), is pleased to award a Coastal Zone Management Subgrant in the amount of $98,183 to Monroe County. The purpose of this subgrant is to initiate efforts to eliminate cesspools and other non - compliant On -Site Disposal Systems (OSDS). A copy of the approved subgrant application with the above referenced subgrant number and title is enclosed for your file. All correspondence with the Florida Coastal Management Program should always refer to the subgrant number and title. Your attention is directed to Section I of the subgrant which is the "Acceptance and Agreement." These conditions should be reviewed carefully by those persons responsible for subgrant administration to avoid delays in subgrant completion and cost reimbursements. The attached Certificate of Acceptance should be completed and returned to the FCMP within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the FCMP prior to the reimbursement of any subgrant expenditures. EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT Mr. Jack London October 28, 1993 Page Two We look forward to working with you on this subgrant. If we can be of further assistance, please contact Mr. Mack Gardner at 904/922 -5438 who will be coordinating this activity. Very truly yours, - Lind he ley LLS /mgr Enclosures State of Florida Department of Community Affairs Office of the Secretary Florida Coastal Management Program 2740 Centerview Drive Tallahassee, Florida 32399 -2100 Lawton Chiles Governor Linda Loomis Shelley Secretary Subgrant Award Certificate Subgrantee: Monroe County Federal Funds: $98,183 Date of Award: October 28, 1993 BGMTF Funds: N/A Grant Period: 10/1/93 to 9/30/94 State Agency Match: N/A Subgrant Number: 94- OS- 72- 11- 54 -01 -015 Local Agency Match: $98,184 Priority Issue: #1, 2, 3, 5 Total Subgrant Cost: $196,367 Subgrant Title: Cesspool Identification and Elimination Project for Monroe County , Award is hereby made in the amount and for the period shown above of a subgrant under The Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq., as amended, to the above mentioned subgrantee and subject to any attached standard or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the National Oceanic and Atmospheric Administrations Grants and Cooperative Agreements Policy Manual, for State and Local Governments and OMB Circulars A -87, A -110 and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorizations of P.L. 92 -583, as amended. This grant shall become effective on the beginning date of the grant period, provided that within thirty (30) days from the date of award a properly executed Certificate of Acceptance of Subgrant Award is returned to the Florida Coastal Management Program. 'ILA...* // ig— utho ' . Official Linda 0^ 's Shelley Secretary to z-i'9 Da State of Florida Department of Community Affairs Florida Coastal Management Program • 2740 Centerview Drive Tallahassee, Florida 32399 -2100 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 94- OS-72-11- 54-01 -015 in the amount of 598,183, for a project entitled Cesspool Identification and Elimination Project for Monroe County for the period of October 1, 1993 through September 30, 1994, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' rnnditians_o_f governing this subgrant. (Signature of Authorized Official) ( of Ada) i Jack London Mayor Monroe County Board of County Commission (Typed Name and Title of Official) DEPARTMENT OF COMMUNITY AFFAIRS The Florida Coastal Management Program The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 -2100 Lawton Chiles Linda Loomis Shelley Governor Secretary SUBGRANT AMENDMENT SUBGRAIITBB: Monroe County Board of Commissioners TITLE OF PROJECT: Cesspool Identification and Elimination Project SUBGRANT NUMBER: 94- 0S- 72- 11 -54 -01 -015 AMENDMENT NO.: _1 NATURE OF AMENDMENT: Budget Revision and Revision of timeline for the Performance Tasks Pursuant to the Subgrantee's request of February 4. 1994 the following amendment in the above - referenced subgrant project is approved subject to such conditions or limitations as may be set forth below. This Amendment, effective upon signing by all parties, amends GRANT NUMBER 94- 0S- 72-11 -54 -01 -015. Except as modified herein, all terms and conditions of GRANT NUMBER 94 -OS- 72-11-54-01 -015 remain in full force and effect. Attachment A: Approved Revised Budget, incorporated herein by reference revises Section G., Budget Schedule and Section H., Budget Narrative, which are hereby amended as shown. Attachment B: Approved Revised Performance Tasks, incorporated herein by reference revises Section F., Performance Tasks, which is hereby amended as shown. O k Ir ‘ ii) ( ature of Authorised Officia inda Loomis Shelley ROE COUNTY BOARD OF COMMISSIONERS Secretary Jack London - Mawr Typed Name and Title a Of ATnnT: DAM L. IMAGE, CLERK AVA/ gtrimmiadaamposzkaidaltimacdbcadddosimpic D Deputy cl erk June 16, 1994 �* DATE AN • . � _lim■ • "Z t i. Attachment(s) 41' DEPARTMENT OF COMMUNITY AFFAIRS 2 The Florida Coastal Management Program The Rhyne Building _ 2740 Centerview Drive Tallahassee, Florida 32399 -2100 - — Lawton Chiles Linda Loomis Shelley . Governor Secretary SUBGRANT AMENDMENT SUBGRANTEE: MONROE COUNTY TITLE OF PROJECT: Cesspool Identification and Elimination Project . SUBGRANT NUMBER: 94- OS- 72- 11 -54 -01 -015 AMENDMENT NO.: 2 NATURE OF AMENDMENT: To revise amendment and close out requirements in 1993 -94 subgrant agreements. The above referenced Florida Coastal Management Program subgrant is amended to reflect the attached changes. This Amendment, effective upon signing by all parties, amends SUBGRANT NUMBER 94- OS- 72- 11 -54 -01 -015. Except as modified herein, all terms and conditions of SUBGRANT NUMBER j OS- 72- 11 -54 -01 -015 remain in full force and effect. Attachment A: Approved Revised Section I., Acceptance and Agreement, Chanres in hr ADDroved�Aareement. and Pa h 7.. Written Approval of raaraoh37.. Project Close -Out, Chances in which are hereby amended as shown. Ok 1 ) tit._ - . ____ 1 %;;;4;00407C.■ 1 . • gi II ( '- ature of Authorized Official) Linda Loomis Shelley , • . - OE COUNTY - Jack Landon - Mayor/Chairmen airmen Secretary BY UGSLIA. DWI L K 01614.■4 t tf Deputy Clerk DAT July 20, 1994 DATE Attachment(s) APir 0 0 S r • P.4 i AdIrt fir ' Attorneys ON1ce • State of Florida Department of Community Affairs Florida Coastal Management Program Subgrant Application for Federal Coastal Zone Management Act Fonds DCA Subgrant Number I 94 - 1 OS - 72 - I 11 - 54 - 01 015 NOAA Task Number 3 .2 . 01 A. Names & Addresses 1. Subgrant Recipient Chief Elected Official or Agency Head: Jack London Title: Mayor of Monroe County Address: Rt . 2, Box 67B Summerland Key, FL Zip Code: 33042 Area Code and Telephone Number: (305 ) 2 9 2 - 4 512 Area Code and Facsimile Machine Telephone Number: ( 305 ) 7 4 5 - 15 5 4 2. Chief Financial Officer Chief Financial Officer: Danny Kolhage Title: Clerk of the Court, Monroe County Address: 500 Whitehead St. • Key West, FL Zip Code: 33040 Area Code and Telephone Number: ( 305 ) 2 9 2 - 3 5 7 5 Area Code and Facsimile Machine Telephone Number: (305 ) 292 DCA /CZM Form 2 14 3. Implementing Agency (Government Unit Responsible for subgrant) Chief Executive Officer: Jack London Title: Mayor of Monroe County Address: Rt. 2, Box 673 Zip Code Summerland Key, FL 33042 Area Code and Telephone Number: (305) 292 Area Code and Facsimile Machine Telephone Number: (305) 745 4. Project Manager (Employee of Agency Responsible for Subgrant) Name: Holly Larson Title: Planner Address: Monroe County Planning Department 2798 Overseas Highway, Suite 400 Zip Code: Marathon, FL 33050 Area Code and Telephone Number: (305) 289 Area Code and Facsimile Machine Telephone Number. (305) 289-2536 5. Partners Organization Name: Contact Person: Address: Zip Code: Area Code and Telephone Number: Area Code and Facsimile Machine Telephone Number: Organization Name: Contact Person: • Address: Zip Code: Area Code and Telephone Number: Area Code and Facsimile Machine Telephone Number: 15 Organization Name: Contact Person: Address: Zip Code: Area Code and Telephone Number: Area Code and Facsimile Machine Telephone Number: B. Administrative Data 6. Subgrant TFtle: Cesspool Identification and Elimination Project for Monroe County 7. Subgrant Period: Period Month Day Year Beginning October 1 1993 Ending September 30 1994 8. Program Priority Issue: #2, #4, and #5 C. Fiscal Data 9. (If other than the Chief FYnancial Officer) Remit Warrant to: (Subgrant Recipient /Implementing Agency) Monroe County Grants Department 5100 College Rd., S.I. Key West, FL 33040 16 10. Federal Employer Identification Number (Non -State Agencies): 59- 6000749 11. SAMAS Number (State agencies): 12. Budget Summary: Federal 98,183 Match 98,184 Total 196 367 13. Will the Project Accrue Project Generated Income? (See Section I, 15 "Program Income" for definition): (Check One) Yes No X 17 D. Program Data Problem Identification. In a maximum of two (2) typed paragraphs, briefly describe a specific problem to be addressed with subgrant funds. Proposed Solution. In a maximum of two (2) typed pages, briefly describe how subgrant activities will address the targeted problem. Describe who will do what, when, where and how (include partner's roles in program implemen- " tation). Start below and use continuation pages as necessary. PROBLEM IDENTIFICATION Half of the housing units in the Florida Keys portion of unincorporated Monroe County are served by either cesspools, or septic tanks which have not been permitted by the Florida Department of Health and Rehabilitative Services (HRS). Of these approximately 16,500 units, at least 5,000 are estimated to use cesspools. HRS, DER and NOAA have indicated that cesspools, an illegal form of sewage treatment in Florida, may contribute to nutrient loading of groundwater, and, in turn, nearshore and surrounding waters. This is of special concern since the Keys' waters are designated both as Outstanding Florida Waters and as the new Florida Keys National Marine Sanctuary. The other 11,500 housing units in the Keys either have permitted septic tanks which are over 20 years old, or sewage treatment and disposal systems which were never permitted. Septic tanks are also likely to be significant non -point contributors to water pollution. Those not properly installed, inspected, and certified are the most highly suspect of severe nutrient loading. This project will initiate a Countywide effort to identify and eliminate cesspools and deficient septic systems. 18 PROPOSED SOLUTION General Program The County,, through a joint effort with HRS, proposes to initiate efforts to eliminate cesspools and other non - compliant On -Site Disposal Systems (OSDS). The main project staff will consist of new positions within the County Planning Department. A Project Manager and two Program Technicians will be added to the Planning Department solely for this project. The Project Manager will coordinate with the local HRS /Monroe County Public Health Unit staff, who are intended to be sole source contractors for the OSDS inspection and permitting portion of the project. HRS will use existing staff, and will hire additional Inspectors and an Administrative Assistant. The headquarters for the project will be the new Monroe County Regional Service Center in Marathon, which houses the main office far the Planning Department. Several County offices, as well as the HR. local headquarters are at the County's Public Service Building on Stock Island in Key West. Geographic Information System (GIS) operations, grants administration and management matters and HRS operations will be centered there. Program Operations The project will involve the following steps: -- Complete the necessary database through the use of the County's Geographic Information System (GIS). This will be performed by the Project Manager and the two Program Technicians, with the assistance of the Comprehensive Planner, Planning Technician and HRS Administrative Assistant. Information will be gathered from County, DER, and HRS records at the Marathon and Stock Island offices, and added to computerized records on the County's system (Tasks 1 a - d). The data will be transferred to the County's GIS system and merged with existing Property Appraiser data by the IGIS Project Manager and the GIS Specialist, both part of the County's Information Systems Department. The main GIS facility is at Stock Island (Tasks 2 a - c). A list of properties served by package treatment plants within unincorporated Monroe County (the County); a spreadsheet of all HRS - permitted septic tanks and DER- permitted package treatment plants, identified by Real Estate Number; and a preliminary list of locations and property owners for all properties within the County which are not served by permitted sewage disposal systems will be generated at this step. - -Set up a procedure for enforcing the inspection and upgrade of non- compliant systems and the issuance of OSDS operating permits. HRS staff, in coordination with the Project Manager, County's Growth Management Director, Attorney, Planning Director and Comprehensive Planner, will complete this task (Task 3a). A new procedure for issuing OSDS operating permits, and a procedure for enforcement will be produced at this step, adopted by County Ordinance if necessary. - - Notify all property owners suspected of using a non - compliant system, and allow them to supply proof of permit. The HRS staff, as well as the Project Manager will compose the notice (Task 4a), and the 18 County Graphics Technician, Project Manager and Program Technicians will prepare and mail the notices using a mailmerge function on the County system (Tasks 4b & c). The list of suspected non - compliant properties will be updated and corrected as property owners are notified and inspections are made. • - - Revise the database according to owner responses. HRS staff, witk assistance from the Project Manager and Program Technicians, will process property owners' responses to the notification letter, comparing responses to HRS records at the HRS Stock Island office. HRS staff will update HRS records. County project staff will update County spreadsheets (Tasks 5a & b). Updates will also be done at the end of the project (Task 8a), and periodically thereafter as inspections continue. - - Generate a revised list and maps of suspected properties. The GIS Specialist will update the GIS data. Then he will produce the list and maps of properties suspected of lacking permitted sewage systeas, using the GIS plotter at the Stock Island office (Task 5c). - - Analyze the maps and database and select a sampling of 500 - 800 properties likely to contain cesspools. HRS staff, along with the Project staff, Comprehensive Planner and Planning Director will perform this task using the generated maps and database (Task 6a & b). Additional, large scale maps for use by the inspectors in locating properties may be generated on the GIS plotter, if necessary, at tais step. - - Inspect the sample of suspected non - compliant properties, and require the replacement or upgrading of non - compliant OSDS (cesspools and septic tanks) where necessary. HRS staff will schedule and conduct the inspections, using sets of survey equipment and HRS vehicles in the field. Any necessary enforcement assistance will provided by various Growth Management staff, as set forth by the established enforcement procedures (Task 7a - f). The results of the 500 - 800 inspections of suspected properties will be available after this step. - - Evaluate the project for its applicability to the remainder of unincorporated Monroe County. All project staff and all involved HRS and County staff would participate in this (Task 8b) A project summary and evaluation report will be produced. Coordination with Comprehensive Plan After completion of this project, the resulting database and procedure would then be used in the inspection of OSDS and the required upgrading of illegal OSDS throughout the Keys. This would complete Phase I of the County's new OSDS Inspection /Compliance Program. Eventually, as Phase II of the Program, all of the OSDS in the Keys will be routinely inspected. All OSDS owners will be required to obtain operating permits. The operating permit procedure developer as part of this project would continue to be used in the ongoing Program. This Program is detailed in Objectives 202.2, and 901.2 and related policies of the adopted Monroe County Year 2010 Comprehensive Plan. This project will initiate efforts to meet these objectives, and will help the County meets its OSDS level of service defined in Policy 901.1.1. 18 E. Subgrant Objectives List subgrant objectives. Start below and use continuation pages as necessary. Revised 6/24/94 1) DATA PREPARATION: Complete the database of residential properties known to be served by a permitted sewage system. 2) GIS SYSTEM PREPARATION: Link the sewage system data to the County Property Appraiser's parcel data already available on • the County's GIS. 3) PROCEDURES, POLICIES AND PUBLIC AWARENESS: Devise procedures for inspection of voluntary respondents to letter, including record keeping, requirements for inspection, prioritizing inspections, type of inspections to be conducted, and response to citizen inquiries. Draft a County ordinance to specify an operating permit & enforcement procedure for septic tanks. Initiate & implement a public awareness program to encourage voluntary conversions from cesspools to septic tanks. 4) NOTIFICATION OF PROPERTY OWNERS: Request that all property owners identified through Objective 2 as NOT having a permitted sewage system produce proof to the contrary. 5) GENERATE REVISED LIST OF SUSPECTED PROPERTIES: Record the properties in the database for which proof of a permitted sewage system was produced. Obtain a newly revised list of properties without permits. 6) SELECT SITES FOR INSPECTION: Analyze listings and data received from respondents to determine most apprc+priate inspection sites. Consideration of the feasibility of replacing the cesspools with nutrient - limiting systems will be considered when the sample sites are selected. Inspect a sample of suspected properties for compliance with }.S requirements. 7) INSPECT SUSPECTED PROPERTIES: Train new inspectors. Send inspector(s), to selected properties. 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F 6= -4 Z v y e s U �� 1 e LA la ■ ys 1 de C y 3 . 1 U 1 i 4 6 4 kL i i 3 T l rn Z; u ., • 1 111 H 19. 4 I I [ i . �— U 2 il h ij i c7 C Co/ • O O L I'� L C es ..ti 13.3 ••• el Ems g 4 2 1 . s . 4 8, .> v , .... ca u 0 0. , I. gil •.. < CD u v C 0 1 Po 3 v C • L .r y N 1 K m yC 3 G 41) 6J GB 0 5 7) -5 e .c .t 0 it !t Cg A j w —• 4e cn C r .. 3� Z Bi I a. 1 1 i , C F t 1. b F Z 3 y s U O. cn ral r 3 $ .. � 1 . . tm u w 04 i I e `A S —" 76 \ �' a. a ti a C C u 3 t r' a d o m a 64-3 a u E ct = N O ._ im G. Subgrant Budget Schedule Type Dollar Amounts Only in Applicable Categories and leave others blank. Subgrant Match (In-kind and Cash combined) must at minimum equal the federal funds requested. One hundred percent (100%) match is required. Budget Category Federal Support Subgrant Match Category Total In -Kind Cash 1. Salaries 19,399 15,392 34,791 2. Fringe Benefits 1,485 4,417 5,902 3. Travel 240 240 4. Equipment 6813 6813 5. Supplies 5,140 236 5376 6. C 72,159 73,901 146,060 sultant Services 7. Construction 8. Other 1,594 1,594 9. Indirect Charges Subgrant Totals: $ 98,183 $8,883 $ 93, 710 $200,776 Matching funds for this subirant will be prodded by: Growth Mana- ement, Grants Mana- ement, Information S stems Department Budgets; BRS Budget 21 H. SUBGRANT BUDGET NARRATIVE FEDERAL SUPPORT 1. Salaries Involved in Personnel /Pay Rate Total $ Task Number Project Manager (816 hrs 1 $13.55/hr) $11,057 la -d, 2a -c, 3a, 4a -d 5a -c, 6a -b, 7a, 8b Program Technician (520 hrs 1 $8.00 /hr) $ 4,160 1a -d, 2a, 3a, 4b -c, 5a -b Program Technician (522.75 hrs $ 4,182 la - 2a, 3a, $8.00 /hr) Total Salaries $19,399 2. fringe Benefits (FIG 6 7.65%) $ 1,485 3. Travel $0 4. Equipment 90 5. Supplies 17,000 printed window envelopes $ 596 17,000 sheets letterhead $ 350 postage 6 postage supplies 4,194 (16,871 letters) Total Supplies $ 5,140 Revised 6/8/94 !RURAL SUPPORT, continued 6. Contractual Services HRS $ 72,159 7. Construction $0 8. Other $ 9. indirect Charges ;0 Total Federal Support $ 98,183 SRI CMS MACS Total SRS Match $ 73,901 No Revisions This Page COUNTY CASH MATCH 1. Salaries Total Involved in Personnel /Pay Rate Amount Task Number Growth Management: Division Director (20 hrs ! $32.10/hr) $ 642 3a, 8b Attorney (7.5 hrs ! ;28.04/hr) $ 210 3a 8b, Planning Director (.20 hrs ! $24.01 /hr) $ 480 3, 6a 6a overall supervision Planner (384 hrs ! $15.15/hr) $ 5,818 la -d, 3a, 6a -b, 8b, overall training & supervision Graphics Tech. (39.5 hrs ! ;14.56/hr); 575 b-cgsn.ra p report 11 generation & distribution Planning Tech. (23 hhrs ;7.36/hr $ 245 la -d, 3a, 4b -c, clerical & (160 accounting to $14.95/hr) $ 1,359 b, general clerical support legal consultant, on retainer w /Growth 2,500 3a -b Management (20 hrs ! $125/hr) $ Grants Management: man. t a granndd Program Coord. (35 hrs ! ;16.35/hr) $ 572 &aniaring Information Systems: IGIS Project Mgr.(140 hrs ! $17.07/hr) 0/hr) $ 2,390 2a -c, Sc, Sa -b GIS Specialist (40 hrs ! $15.03/hr) Total Salaries $ 15,392 2. Benefits (calculated as: 7.65% of salary for !ICA, 17.75% for retirement and various workers' compensation se are rat plus $62.50 per 40 -hour week for health benefits. of hours that each employee will devote to the project.) Growth Management: 5 Division Director 215 ; 1 Attorney ; 162 Planning Director $ 1,1 Planner = 206 Graphics Tech. ; 91 Planning Tech. $ 543 Admin . Asst. Revised 6/8/94 COUNTY CASH MATCH, continued Grants Management: ; 194 Program Coord. Information Systems: ; 78 IGIS Project Manager $ 9 9 208 GIS specialist Total Benefits $ 4,417 Total County Cash Match $ 19,809 COMM 11 E3D MATCH 3. Travel Use of County and /or personal • 240 vehicles for travel within County 1 ;.20 /mil. 4. Equipment Personal computer is software $ 6.662 Installation of new phone line $ 151 Total Equipment $ 6,813 5. supplies Office supplies, including $ 236 printer cartridges 7. Other $ 1,594 GIS Computer time 30 hrs 1 $14.23/hr Total County In -[iad Match $ 8,883 Total County Cash & In -Find Match: $ 28,692 Revised 6/8/94 CESSPOOL IDENTIFICATION AND ELIMINATION PROJECT JOB DESCRIPTION: PROJECT MANAGER This position will be full -time (40 hours per week) for 22 weeks, beginning in early October 1993 and ending in mid - February 1994. 1. Coordinate with the Florida Department of Health and Rehabilitative Services (HRS), and various County Departments, including Information Systems, Grants Management, and the Monroe County Property Appraiser, for the successful completion of Objectives 1 -6, as described in the Project Grant Application. 2. Manage the Cesspool Project between October 1, 1994 and February 15, 1994, completing all tasks as necessary for the Project. 3. Supervise two Program Technicians to complete the data preparation, notification of property owners, data updates. 4. write required Quarterly Reports. for the first quarter and draft the second Quarterly Reports, and coordinate with the Grants Management Department for their submission to DCA. 5. Prepare and submit deliverables to DCA, for those due during the job timeframe. 6. Coordinate financial management of Project budget with appropriate • Management Services personnel. Keep accurate records of project expenditures. 7. Coordinate with HRS, the Growth Management Division Director, the Building Department staff, and others as necessary to set up the Operating Permit and enforcement procedures (Objective 3). Obtain Administrative and Board of County Commission approval, as necessary, through the normal County procedures. S. Other duties as necessary for the completion of Objectives 1 -6 of the Project, and in anticipation of objective 7. 9. Complete a Project Manager's Report at the end of the job timeframe (mid - February 1994), to be used in the final evaluation of the Project. 22 CESSPOOL IDENTIFICATION AND ELIMINATION PROJECT JOB DESCRIPTION: PROGRAM TECHNICIANS The County will hire 2 Technicians for the Project. Both positions will be full -time, 40 -hr /week positions. One will be for 12 weeks, and one for 16 weeks. Both positions will start on October 1, 1993. 1. with the assistance of and under the supervision of the Project Manager, complete the Data Preparation tasks a - d of Objective 1, and the notification of property owners tasks b - c of Objective 4. 2. Complete any data generation, documentation, and revision as necessary for completion of Objectives 1 - 5 of the Project. 3. Assist the HRS Office as necessary in responding to property owners after the notification mailing (Task 5a). 4. Coordinate with Information Systems GIS staff to ensure that data generated and recorded is compatible with the GIS system. 5. Assist with general administrative support duties such as copying and document distribution as necessary for the Project. 6. Other duties, as necessary, for the successful, timely completion of Objectives 1 - 5 of the Project, as assigned by the Project Manager. 22 I. Acceptance and Agreement • All persons involved in, or having administrative . responsibility for, the subgrant must abide by these "Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section I) must be executed by the applicant or its duly authorized representative and returned as part of the completed application. Note Condition No. 13: Only project costs incurred on or after the effective date of this Agreement and on or prior to the termination date of a subgrant project, are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant and execution by tlt department, the approved application and the following terms and conditions will become binding. Paragraph A. through H. incorporated by reference and made a part of this Agreement. Non - compliance will constitute a default and will result in subgrant costs being disallowed. The term "department ", unless otherwise stated, refers to the Department • of Community Affairs. • The term "program ", unless otherwise stated, refers to the Florida Coastal Management Program. The term subgrant "recipient" refers to the governing body of a state, city, county, or Indian Tribes (which performs coastal zone management functions as determined by The U. S. Secretary of the Interior). The term "implementing agency" refers to a subordinate agency of a state, city, county or Indian Tribe, or an agency under the direction of an elected officiaL I. Reports A. Subgrant Performance Reports: The recipient shall submit Quarterly Subgrant Pe Reports to the Florida Coastal Management Program by February 1, May 1, August 1, and November 1 covering subgrant activities during the previous quarter. Reporting Quarters First Quarter October - December Second Quarter January - March Third Quarter April - June Fourth Quarter July - September 23 The recipient shall submit an Annual Subgrant Performance Report for each twelve (12) month period of activities. This report shall be submitted to the Florida Coasdv Management Program within thirty (30) days after the end of the original twelve (12) month period. The last Quarterly Subgrant Performance Report shall be submitted with the Annual Subgrant Performance Report. In addition, if the subgrant award period is extended beyond twelve (12) months, additional Quarterly Subgrant Performance Reports shall be submitted as well as a Final Subgram Perfoimance Report. The latter report shall cover the entire time frame of project activities and is due within thirty (30) days after the end of ire extended period. B. Financial Reports: The recipient shall submit Quarterly Financial Claim Reports to the Florida Coastal Management Program by February 1, May 1, August 1, ad November 1, covering the subgrant expenditures during the previous quarter_ A final Financial Claim Report and a Coastal Zone Contract (Finances Close -Out Package shall be submitted to the Florida Coastal Management Program within forty -five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final ". Reporting Quarters First Quarter October - December Second Quarter January - March Third Quarter April - June Fourth Quarter July - September Before the "final" claim will be processed, the recipient must submit to the department all outstanding subgrant performance reports and must have satisfied any pending special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterly Subgrant Generated Income Reports to the Florida Coastal Management Program by February 1, May 1, August 1, and November 1 covering subgrant generated income and expenditures during the previous quarter. (See 15. Program Income.) 24 C. Other Reports: The recipient shall submit other reports as may be reasonably required by the Florida Coastal Management Program. All required reporting forms and instructions shall be distributed with the subgrant award. 2. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non - federal expenditures. All expenses incurred for the project shall be disbursed according to the provisions in the subgrant budget, as approved by the program. All expenditures and cost accounting of funds shall conform to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Mensal, February, 1992 and Office of Management and Budget CircularsA -87, A -110 and A -21, in their entirety. All funds not spent according to the terms of this Agreement shall be subject to repayment by the recipient. 3. Compliance With "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy requirements provided in Section 287.055, Florida Statutes, known as the "Consultant's Competitive Negotiations Act". 4. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements in the National Oceanic and Atmospheric Administration Grams and Cooperative Agreements Policy Manual, February, 1992 and applicable state statutes. The department's approval of the recipient Agreement does not constitute approval of consultant contracts. If the recipient subcontracts any or all of the work required under this subgrant, the recipient agrees to include language in the subcontract which states that the consultant /subcontractor is bound by all terms of this subgrant with the department. The recipient further agrees to include in the subcontract that the subcontractor shall hold the department harmless against all claims of whatever nature arising out of the 25 7. written Approval of Changes in This Approved award Agreement All chances to the subarant award agreement must be accomplished thrown' the amendment process. Up to two (2) amendments to the subcrant award agreement may be granted ;how.vsr, none will be approved in the fourth quarter of the subgrant period. A Recipients mudt -- - _ - - • - - _- dmand its subarant award agreement. subiect to Department review and approval. for anv chanaas to its subarant award Eareement. Sixty (601 days must be allowed for an amendment which also revea National 1 These amendments include but are t not , limited to� review iew and approve . A. Program changes in subcrant scope or objectives; key subcrant staff; providing financial assistance to another party; transfer of programmatic work to another party (except for procurement of equipment, supplies and general support services); transfer of an award to a replacement recipient; c; change in 5% or more). nams; substantial decrease in prof c (g ensrally s. Budget changes which call for additional funding. C. For awards in which the federal share exceeds $100,000, cumulative transfers among cost categories c for governments or 5% for non-profit g rns organizations, and individuals. D. Transfer of funds allotted for training allowances. E. Purchase of equipment, particularly computer hardware and software, not included in the approved budget. F. Transfer of funds from the construction part of an award to the non - construction part or vice versa. G. Funds in a direct cost category may not be transferred to an indirect cost category, or vice versa. H. Transfers of funds cannot be used to increase the total budgeted award. WORDS REN ARE DELETIONS; WORDS UNDERLINED ARE ADDITIONS. • 1 subcontractor's performance of work under this subgrant, to the extent allowed and required by law. 5. Allowable Costs • Allowance for costs incurred under the subgrant shall be determined according to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992; OMB Circular A-87 (Cast Principles Applicable to Grants and Contracts with State and Local Governments); and OMB Circular A -21 (Cost Principles for Educational Institutions). All procedures employed in the use of federal funds to procure services, supplies or equipment shall be according to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992; OMB Circular A- 87, A -21; attachment 'O of OMB arcularA -110; and Florida law to be eligible for reimbursement. 6. Travel All travel reimbursement for out -of -state or out -of- subgrant specified- work -area shall be based upon written approval of the department priorto commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. All bills for travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 7. Written Approval of Changes in This Approved Agreement Up to two (2) amendments to the subgrant award may be granted; however,none will be approved in the fourth quarter of the subgrant period. Recipients must obtain prior approval in writing from the department for major changes; up to sixty (60) days must be allowed for these changes which require National Oceanic and Atmospheric Administration's review and approval. These include, but are not limited to: • 26 9 4 A. Program changes in subgrant scope or objectives; key subgrant staff; providing financial assistance to another party; transfer of programmatic work to another party (except for procurement of equipment, supplies and general support services); transfer of an award to a replacement recipient; change in recipient name; and substantial decrease in project costs (generally 5% or more). B. Budget changes which call for additional funding. C. For awards in which the federal share exceeds $100,000, cumulative transfers among cost categories acceding 10% for state and local governments or 5% for non -profit organizations, for profit organizations, and individuals. Once the 5% or 10% has accumulated, if the request for a revised budget has been approved, the revised budget becomes the new base budget on which the 5% or 10% is based. For awards under $100, 000 of federal funds, this requirement does not apply. D. Transfer of funds allotted for training allowances. E. Purchase of equipment, particularly computer hardware and software, not included in the approved budget. F. Transfer of funds from the construction part of an award to the non - construction part or vice versa. G. Funds in a direct cost category may not be transferred to an indirect cost category, or vice versa. H. Transfers of funds cannot be used to increase the total budgeted award. Transfers do not justify increasing the quantitative number of items documented in any approved budget line item. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Coastal Zone Management Act funds. 9. Advance Funding Advance funding is authorized for a maximum of twenty-five (25) percent of the federal award for each subgrant according to Section 216.181(12) (b), Florida Statutes 27 (1991), and the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992. Advance funding shall be provided to a recipient upon a written request to the department justifying the need for such funds. This request, including the justification, must be included with the subgrant application. Any advance payment is also subject to federal OMB Circulars A -87, A -110, A -21 and the Cash Management Improvement Act of 1990. With respect to a recipient which is a not- for -profit corporation, all advances of federal funds received hereunder shall be placed in an interest-bearing account. The interest earned on said account, minus $ 100 per year, shall be remitted promptly, but at least quarterly, to the department for forwarding to the federal agency that provided the funds. With respect to a recipient which is a local government, all interest which may be earned on all advances of federal funds received hereunder must be promptly, but at least quarterly, remitted to the department for forwarding to the federal agency that provided the funds. However, the local government is not required to deposit such advances in an interest bearing account. 10. Commencement of Subgrant If work to be performed as part of the subgrant has not commenced within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the Florida Coastal Management Program indicating the steps which were taken to initiate the subgrant and the reasons for the delay. The recipient must also request a new expected subgrant start date. If work to be performed as part of the subgrant has not commenced within ninety (90) days after acceptance of the subgrant award, the recipient shall send a second letter to the Florida Coastal Management Program again explaining reasons for the delay. An expected new start date must be requested. Upon receipt of the ninety (90) day letter, the department shall determine whether the reason for delay is justified or shall, at its discretion, unilaterally terminate this Agreement and reobligate subgrant funds to other department approved subgrants. The department may extend the starting date of the subgrant beyond the ninety (90) day period, where warranted by extenuating circumstances, but only by formal written amendment to this Agreement. 28 11. Extension of a Subgrant for Contractual Services Extension of a subgrant for contractual services between the recipient and a contractor (which includes all subgrant budget catgories) shall be in writing (for a period not to exceed six (6) months) providing sufficient time remains in the subgrant period, and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to circumstances beyond the control of the contractor. 12. Excusable Delays Except with respect to defaults by consultant(s), subcontractor(s), the recipient shall not be in default by reason of any failure in performance of this Agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the recipient and consultant (and without fault or negligence of either of them), the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The department ordered the recipient (in writing) to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more legitimately defined causes, the delivery schedule shall be revised accordingly. 29 13. Obligation of Recipient Funds Recipient funds shall not, under any circumstances, be obligated prior to the effect date or subsequent to the termination date of the • subgrant period. (Only subgnse costs incurred on or after the effective date, and on or prior to the termination dare of the recipient's subgrant are eligible for reimbursement.) A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of the order. 14. Default; Remedies; Termination A. If any of the following events occur ( "Events of Default'), all obligations an the part of the department to make any further payment of funds hereunder shall, if the department so elects, terminate, and the department may at is option exercise any of its remedies set forth herein, but the department El ay make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, aid without becoming liable to make any further payment: 1. If any warranty or representation made by the recipient in this Agreement or any previous agreement with the department shall at any time be be or misleading in any respect, or if the recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the department and has not cured suck in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition oldie recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the department, and the recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the department; 3. If any reports required by this Agreement have not been submitted to the department or have been submitted with incorrect, incomplete or insufficient information; 4. If the recipient has failed to perform and complete in timely fashion any of the services required under Performance Tasks, Section F above, incorporated herein. 30 B. Upon the happening of an Event of Default, then the department may, at its option, upon written notice to the recipient and upon the recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the recipient is given at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class noel, postage paid, by registered or certified mail-return receipt requested, b the address of the recipient. 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment 4. Exercise any corrective or remedial actions, to include but not be limbed to, requesting additional information from the recipient to determine the reasons for or the extent of non - compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the recipient to suspend, discontinue or refrain from incurring costs for any activities in question ter requiring the recipient to reimburse the department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law. C. The department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not limited to misuse of funds; fraud; lack of compliance with applicable ndes, laws and regulations; failure to perform in a timely manner; and refusal by the recipient to permit public access to any document, paper, letter, or oiba material subject to disclosure under chapter 119, Florida Statue, as amended D. Suspension or termination constitutes final department action under Chaprer 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. 31 E. The recipient shall return funds to the department if found in non- complians with laws, rules, regulations governing the use of the funds or this Agreement. F. This Agreement may be terminated by the written mutual consent of me parties. G. Notwithstanding the above, the recipient shall not be relieved of liability to the department by virtue of any breach of Agreement by the recipient. The department may, to the extent authorized by law, withhold any payments to the recipient for purpose of set -off until such time as the exact amount of damages due the department from the recipient is determined. 15. Program Income (Also Known as Project Generated Income) Program income means the gross income earned by the recipient during the subgratt period, as a direct result of the subgrant award. Program income shall be handled according to the National Oceanic and Atmospheric Administration Grant tad Cooperative Agreements Polley Manual, February, 1992, U. S. Deparrnert of Commerce. Reference: The Cash Management Improvement Act of 1990. 16. Access to Records The Department of Community Affairs, the U. S. Department of Commove, National Oceanic Atmospheric Administration, the Auditor General of the State of Florida, the U. S. Comptroller General, or any of their duly authorial representatives, shall have access to books, documents, papers and records of tke recipient, implementing agency and contractors for the purpose of audit and examination according to National Oceanic Atmospheric Administration's Policy Manual, February, 1992. The department reserves the right to unilaterally terminate this Agreement if the recipient or contractor refuses to allow public access to all documents, papers, loon, or other materials, subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or contractor in conjunction with this Agreement. 17. Audit A. The recipient shall provide the department one copy of an annual audit conducted in compliance with The Single Audit Act of 1984, Public Law 98- .502. The audit shall be performed in accordance with OMB Circular A -128 and other applicable federal law. The subgrant for this Agreement shall be identified with the subject audit in The Schedule of Federal Financial 32 Assistance. The subgrant shall be identified as federal funds passed through the Florida Department of Community Affairs and include the subgra t number, Catalog of Federal Domestic Assistance (CFDA) number, awaad amount, subgrant period, funds received and disbursed. When applicable, tie recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and Chapters 10.550 aad 10.600, Rules of the Florida Auditor General. B. A complete audit report, which includes any portion of the effective dates of this Agreement, must be submitted within thirty (30) days after its completion, but no later than seven (7) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings (both aunt report and management letter findings). Incomplete audit reports will not be accepted by the department and will be returned to the recipient. C. The recipient shall have all audits prepared by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. D. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report where noncompliance with federal laws aid regulations exists. E. The recipient shall ensure that audit working papers are made available to die department or its designee, upon request, for a period of five (5) years from the date the audit report is issued, unless the date is extended in writing by the department. F. If this Agreement is finalized without an audit, the department reserves the right to recover any disallowed costs identified in an audit completed after such finalization. G. The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399 -2100 33 18. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs must be submitted on Quarterly Financial Claim Reports. The request for reimbursement should be submitted within rhiriy (30) days after the end of each quarter of the subgrant period. All claims requesting reimbursement for Operating Capital Outlay (OCO) equipment items having a unit cost of $5,000 or more, and a useful life of one (1) year or more, shall be accompanied by a completed Non - Expendable Property Form signed by the recipient's property custodian. If local accounting procedures require OCO equipment items to be reported at a lesser amount than $5,000, local requirements shall apply. All claims for reimbursement shall be submitted in sufficient detail for proper pre - audit and post- audit. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 19. Property Accountability The recipient agrees to use all non - expendable property for coastal management purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished by the department or purchased pursuant to this Agreement according to federal property management standards set forth in the National Oceanic Atmospheric Administration's Policy Manual, February, 1992, or the federal Office of Management and Budget's Circular A -110, Attadrment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this Agreement. When the equipment is no longer required, the recipient will dispose of the equipment in accordance with the Florida Coastal Management Program, pursuant to the National Oceanic and Atmospheric Administration's Grants and Cooperative Agreements Policy Manual, February, 1992, and 15 CFR, Part 24. 20. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this Agreement is governed by the terms of the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992, or OMB Circular A -110, Attachment N, Paragraph Eight (8). 34 21. Retention of Records The recipient shall maintain all subgrant records and documents for a minimum of three (3) years from the date of the Final Financial Claim Report. These records must be made available for audit and public disclosure upon request by the U. S. Department of Commerce, the National Oceanic and Atmospheric Administration, the Department of Community Affairs, the Florida Coastal Management Program, the Comptroller General of the United States, the State of Florida Comptroller's Office, the State of Florida Auditor General's Office, or any other duly authorized persons. 22. Disputes The department shall make a decision in writing when responding to any disputes, disagreements or questions of fact arising under this Agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this Agreement according to the department's decision. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this Agreement. At any time, a representative of the Department of Community Affairs, U. S. Department of Commerce, or the National Oceanic and Atmospheric Administration or all have the privilege of visiting the subgrant project site to monitor, inspect and assess work performed under this Agreement. 24. Publication or Printing of Reports A. Before publishing or printing a final draft of any report required under, or pertaining to this Agreement, such draft shall be sent to the Florida Coastal Management Program for review and comment (reports other than required Quarterly Subgrant Performance Reports and Quarterly Financial Claim Reports). B. Publications or printed reports covered under "A" above shall include the following statements on the cover page: 1. "This report was prepared for the Department of Community Affairs, Linda Loomis Shelley, Secretary, in cooperation with the U.S. Department of Commerce, National Oceanic and Atmospheric Administration." The next printed line shall identify the month and the year the report was published. 35 2. "Funding for this program was provided in part by Cooperative Agreement # awarded to the Department of Community Affairs, State of Florida, by the National Oceanic and Atmospheric Administration, U. S. Department of Commerce." 3. "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida, Department of Community Affairs, the U. S. Department of Commerce, National Oceanic Atmospheric Administration or any other agency of the state or federal government." 25. Equal Employment Opportunity (EEO) All National Oceanic Atmospheric Administration recipients must comply with the following nondiscrimination requirements. By signing this Agreement, the recipient organization agrees to comply with the following statutes, regulations, and Executive Order. The recipient agrees to comply with Tuk VI of the Moil Rights Act of 1964 (42 U.S.C. 2000D et seq.) prohibiting discrimination under Federally assisted programs on the grounds of race, color or national origin and Department of Commerce regulations implementing Title VI (15 CFR Part 8); ?Itk IX of the Education Amendments of 1972, as amended, (20 U.S.C. 1681 et seq.) prohibiting discrimination on the basis of sex in Federally assisted education programs or activities; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) prohibiting discrimination under any program or activity receiving Federal financial assistance on the basis of handicap and Department of Commerce regulations implementing Section 504 (15 CFR Part 8b); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.) prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance and Department of Commerce regulations implementing the Act (15 CFR Part 20); Part III of Executive Order 11246 (30 F.R. 12319, September 25, 1965) as amended by Executive Order 11375 (32 F.R. 14303, October 17, 1967) requiring Federally assisted construction contracts to include the provisions of 203 of the Executive Order and the regulations of the Department of Labor implementing the Executive Order with which the Department of Commerce and its recipients must comply (41 CFR 60- 1.4(b)); any other regulations implementing these statutes and orders. 26. Non - Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures 36 require the recipient to certify it shall not enter into any lower tiered covenxi transaction with a person who is debarred from participating in this covered transaction, unless authorized by the department. 27. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 28. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101 -121 set forth in "Government -wide Guidance for New Restriction on Lobbying; Interim Final Guidance , published on December 30, 1990, Federal Register. Each person shall file the most current edition of the Certi and Disclowe Form, if applicable, with each submission that initiates agency consideration of smith person for award of federal contract, grant, or cooperative Agreement of 5100,000or more; or federal loan of 5150,000 or more. This certification is a material representation of fact upon which reliance was pissed when this Agreement was executed. Submission of this certification is a prerequisite to entering into this Agreement, subject to conditions and penalties imposed by Section 1352, Tide 31, United States Code. Any person who fails to file the requited certification is subject to a civil penalty of not less than 510,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal loan, or the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any non - federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, "Disclosureof Lobbying Activities ",in accordance with its instructions. 37 C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. 29. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 28 of Section I, no funds or arc resources received from the department in connection with this contract may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 30. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: A. The percentage of the total cost of the program or project that shall be financed with federal funds; and B. The dollar amount of federal funds to be expended on the project or program. 31. Non - Supplanting Federal funds made available for state or local projects under the Coastal Zone Management Act of 1972, as amended, may not be so used as to supplant state finds or other funds that would be available in the absence of such federal funds for Coastal Zone Management Program activities. The federal funds will be used to increase such state funds or other funds available for Coastal Zone Management 32. Substantive Involvement A recipient of the National Oceanic and Atmospheric Administration financial assistance may not act merely as a "straw party" for another organization. The application must show that the recipient plans to have substantive involvement in the project to be accomplished, not to act merely as a conduit of funds to another organization. However, applications may provide for third parties to perform =man project activities. 38 33. Monitoring The recipient shall constantly monitor its performance under this Agreement iv ensure that time schedules are being met and the performance tasks and deliverables are being accomplished within the specified time periods in conformity with Sectian F and G of the subgrant. 34. Legal Authorization The recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, tte execution and acceptance of this Agreement with all covenants and assurances contained herein. The recipient also certifies that the undersigned possesses tie authority to legally execute and bind recipient to the terms of this Agreement. 35. Vendor Payments Pursuant to Chapter 215.422, Florida Statutes, the department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and recap, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the department paying interest at the rate of one percent per month calculated on a daily basis on the unpaid balance. The interest penalty shall be paoi within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting tie Vendor Ombudsman at (904) 488 -2924 or by calling the State Comptroller's Hodioe at 1- 800 - 848 - 3792. 36. Other Provisions A. The validity of this Agreement is subject to the truth and accuracy of all tie information, representations, and materials submitted or provided by the recipient, including information, representations and materials submittal pursuant to Paragraphs A. through H. above, in any subsequent submission a response to department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the department and within thirty (3th days written notice to the recipient, cause the termination of this Agreement and the release of the department from all its obligations to the recipient. 39 37. Project close -Out Project funds which have been properly obligated by the end of the subgrant funding period will have forty -five (45) days in which to be liquidated (expended). Any funds not liquidated at the end of the forty -five (431 day period will lapse and revert to the department. A subgrant funded project will not be closed out until the recipient has satisfied all close -out requirements in one final subgrant close - out package. WORDS BWFl*41'$EN ARE DELETIONS; WORDS UNDERLINED ARE ADDITIONS. B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. C. No waiver by the department of any right or remedy granted hereunder or failure to insist on strict performance by the recipient shall affect or extend or act as a waiver of any other right or remedy of the Agency hereunder, or affect the subsequent exercise of the same right or remedy by the Agency for any further or subsequent default by the recipient. Any power of approval or disapproval granted to the Agency under the terms and life of this Agreement as a whole. D. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 37. Project Close-Out Project funds which have been properly obligated by the end of the subgrant funding period will have ninety (90) days in which to be liquidated (expended). Any funds not liquidated at the end of the ninety (910) - day period will lapse and revert to the department. A subgrant funded project will not be closed out until the recipient has satisfied all close - out requirements in one final Leal subgrant close - out package. 40 SIGNATURE PAGE IN WITNESS WHEREOF,the parties affirm they have read and agree to conditions set forth in Section I, understand and agree to abide by the Agreement in its entirety, and have executed this Agreement by their duly authorized officers on the day, month and year set out below. CORRECTIONS INCLUDING STRIKEOVERS,WHITEOUTS,OR CROSSOUTS ON THIS PAGE ARE NOT ACCEPTABLE. Mato 0 Merida Department of Community Affairs Florida Coastal Management Program Signature: / *Lc 1 // - 1.412-- Typed: Mar l ie McMullen Title: Assistant !cretary Date: Oc tober 28, 1993 Subgrant Recipient Authorizing ()Mai of Gorer:mental Unit !Grub. CWn.r. Mayor, or Doisooted Ri,. — Signature. Typed: ho s W. Brown Title: County Administrator Date: September 2, 1993 Implementing Agency - of • • , Administrator or Designated Representative Signature: £ 112111 Li ___ ) i J Typed: homes W. Brown Title: County Administrator Date: September 2, 1993 41 Attachment B Monroe County and HAS Interlocal Agreement Cesspool Identification and Elimination HAS Budget Schedule Budget Category Federal Support HRS Match Category Toto �rrrr�rrr�-�i �rd In -Kind Cosh 1. Solortes 59,791 30,029 89,820 2, Fringe Benefits 26,612 26,612 3. Troves 11,168 1,806 12,974 4. Equipment 1,070 1,070 5. Supplies 1,200 5,094 6,294 6. Contractual Services 3,850 3.850 7. Construction 8. Other 4,449 4,449 • 9. Indirect Charges _ 991_ 991 Totols 72,159 0 73,901 146,060 Peke 1 H. SUBGRANT BUDGET NARRATIVE PRIMAL SUPPORT 1. Salaries Involved in Personnel /Pay Rate Total $ Task Number Project Manager (816 hrs 1 $13.55/hr) $11,057 la -d, 2a -c, 3a, 4a -d 5a -c, 6a -b, 7a, 8b Program Technician (520 hrs 1 $8.00 /hr) $ 4,160 la -d, 2a, 3a, 4b -c, 5a -b Program Technician (522.75 hrs $ 4,182 la -d, 2a, 3a, 1 $8.00 /hr) 4b -c, 5a -b Total Salaries $19,399 2. Fringe Benefits (PIG 1 7.65%) $ 1,485 3. Travel $0 4. Equipment $0 5. Supplies 17,000 printed window envelopes $ 596 17,000 sheets letterhead $ 350 postage & postage supplies $ 4,194 (16,871 letters) Total Supplies $ 5,140 Revised 6/8/94 FEDERAL SUPPORT, continued 6. Contractual Services HRS $ 72,159 7. Construction $0 8. Other $0 9. Indirect Charges $0 Total Federal Support $ 98,183 HIS CRIB NAT= Total HRS Match $ 73,901 No Revisions This Page COUNTY CASH MATCH 1. Salaries Total Involved in Personnel /Pay Rate Amount Task Number Growth Management: Division Director (20 hrs 4 $32.10 /hr) $ 642 3a, 8b Attorney (7.5 hrs 1 $28.04 /hr) $ 210 3a Planning Director (20 hrs 1 $24.01 /hr) $ 480 3a, 6a 8b, overall supervision Planner (384 hrs 1 $15.15 /hr) $ 5,818 la -d, 3a, 6a -b, 8b, overall training & supervision Graphics Tech. (39.5 hrs 1 $14.56 /hr)$ 575 4b- cgeneral report & map generation & distribution Planning Tech. (23 hrs 1 $10.64 /hr) $ 245 lb clerical & (160 hrs 1 $7.36 /hr $ la -d, 3a, 4b -c, accounting to $14.95 /hr) $ 1,359 b, general clerical support legal consultant, on retainer w /Growth Management (20 hrs 1 $125 /hr) $ 2,500 3a -b Grants Management: Program Coord. (35 hrs 1 $16.35/hr) $ 572 grant admin. & monitoring Information Systems: IGIS Project Mgr.(140 hrs 4 $17.07 /hr) $ 2,390 2a -c, 8b GIS Specialist (40 hrs 4 $15.03 /hr) $ 601 2a -c, 5c, 8a -b Total Salaries $ 15,392 2. Benefits (calculated as: 7.65% of salary for FICA, 17.75% for retirement and various workers' compensation rates, plus $62.50 per 40 -hour week for health benefits. These are prorated for the number of hours that each employee will devote to the project.) Growth Management: 1 2 15 Division Director 62 Attorney $ Planning Director 1 149 Planner $ 1,951 Graphics Tech. $ 206 Planning Tech. $ 91 Admin. Asst. $ 543 Revised 6/8/94 COUNTY CASH MATCH, continued Grants Management: Program Coord. $ 194 Information Systems: IGIS Project Manager $ 798 GIS specialist i 208 Total Benefits $ 4,417 Total County Cash Match $ 19,809 COUNTY IN RIND MATCH 3. Travel Use of County and /or personal $ 240 vehicles for travel within County 1 $.20 /wile 4. Equipment Personal computer Si software $ 6.662 Installation of new phone line $ 151 Total Equipment $ 6,813 5. Supplies Office Supplies, including $ 236 printer cartridges 7. Other GIS Computer time $ 1,594 30 hrs 6 $14.23/hr Total County In -Rind Match $ 8,883 Total County Cash 6 In -Rind Match: $ 28,692 Revised 6/8/94 CESSPOOL IDENTIFICATION AND ELIMINATION PROJECT JOB DESCRIPTION: PROJECT MANAGER • This position will be full -time (40 hours per week) for 22 weeks, beginning in early October 1993 and ending in mid - February 1994. 1. Coordinate with the Florida Department of Health and Rehabilitative Services (HRS), and various County Departments, including Information Systems, Grants Management, and the Monroe County Property Appraiser, for the successful completion of Objectives 1 -6, as described in the Project Grant Application. 2. Manage the Cesspool Project between October 1, 1994 and February 15, 1994, completing all tasks as necessary for the Project. 3. Supervise two Program Technicians to complete the data preparation, notification of property owners, data updates. 4. Write required Quarterly Reports for the first quarter and draft the second Quarterly Reports, and coordinate with the Grants Management Department for their submission to DCA. 5. Prepare and submit deliverables to DCA, for those due during the job timeframe. 6. Coordinate financial management of Project budget with appropriate Management Services personnel. Keep accurate records of project expenditures. 7. Coordinate with HRS, the Growth Management Division Director, the Building Department staff, and others as necessary to set up the Operating Permit and enforcement procedures (Objective 3). Obtain Administrative and Board of County Commission approval, as necessary, through the normal County procedures. 8. Other duties as necessary for the completion of Objectives 1 -6 of the Project, and in anticipation of Objective 7. 9. Complete a Project Manager's Report at the end of the job timeframe (mid - February 1994), to be used in the final evaluation of the Project. 22 CESSPOOL IDENTIFICATION AND ELIMINATION PROJECT JOB DESCRIPTION: PROGRAM TECHNICIANS The County will hire 2 Technicians for the Project. Both positions will be full -time, 40 -hr /week positions. One will be for 12 weeks, and one for 16 weeks. Both positions will start on October 1, 1993. 1. With the assistance of and under the supervision of the Project Manager, complete the Data Preparation tasks a - d of Objective 1, and the notification of property owners tasks b - c of Objective 4. 2. Complete any data generation, documentation, and revision as necessary for completion of Objectives 1 - 5 of the Project. 3. Assist the HAS Office as necessary in responding to property owners after the notification mailing (Task 5a). 4. Coordinate with Information Systems GIS staff to ensure that data generated and recorded is compatible with the GIS system. 5. Assist with general administrative support duties such as copying and document distribution as necessary for the Project. 6. Other duties, as necessary, for the successful, timely completion of Objectives 1 - 5 of the Project, as assigned by the Project Manager. 22 I. Acceptance and Agreement All persons involved in, or having administrative . responsibility for, the subgrant must abide by these "Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section I) must be executed by the applicant or its duly authorized representative and returned as part of the completed application. Note Condition No. 13: Only project costs incurred on or after the effective date of this Agreement and on or prior to the termination date of a subgrant project, are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant and execution by the department, the approved application and the following terms and conditions will become binding. Paragraph A. through H. incorporated by reference and made a part of this Agreement. Non - compliance will constitute a default and will result in subgrant costs being disallowed. The term "department ", unless otherwise stated, refers to the Department of Community Affairs. • The term "program ", unless otherwise stated, refers to the Florida Coastal Management Program. The term subgrant "recipient" refers to the governing body of a state, city, county, or Indian Tribes (which performs coastal zone management functions as determined by The U. S. Secretary of the Interior). The term "implementing agency" refers to a subordinate agency of a state, city, county or Indian Tribe, or an agency under the direction of an elected officiaL 1. Reports A. Subgrant Performance Reports: The recipient shall submit Quarterly Subgrant Performance Reports to the Florida Coastal Management Program by February 1, May 1, August 1, and November 1 covering subgrant activities during the previous quarter. Reporting Quarters First Quarter October - December Second Quarter January - March Third Quarter April - June Fourth Quarter July - September 23 The recipient shall submit an Annual Subgrant Performance Report for each twelve (12) month period of activities. This report shall be submitted to the Florida Coasiak Management Program within thirty (30) days after the end of the original twelve (12) month period. The last Quarterly Subgrant Performance Report shall be submitted with the Annual Subgrant Performance Report. In addition, if the subgrant award period is extended beyond twelve (12) months, additional Quarterly Subgrant Performance Reports shall be submitted as well as a Final Subgrant Performance Report. The latter report shall cover the entire time frame of project activities and is due within thirty (30) days after the end of die extended period. B. Financial Reports: The recipient shall submit Quarterly Financial Claim Reports to the Florida Coastal Management Program by February 1, May 1, August 1, and November 1, covering the subgrant expenditures during the previous quarter. A final Financial Clain Report and a Coastal Zone Contract (Financial) Close -Out Package shall be submitted to the Florida Coastal Management Program within forty -five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final ". Reporting Quarters First Quarter October - December Second Quarter January - March Third Quarter April - June Fourth Quarter July - September Before the "final" claim will be processed, the recipient must submit to die department all outstanding subgrant performance reports and must Katie satisfied any pending special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterly Subgrant Generated Income Reports to the Florida Coastal Management Program by February 1, May 1, August 1, and November 1 covering subgrant generated income and expenditures during the previous quarter. (See 15. Program Income.) 24 C. Other Reports: The recipient shall submit other reports as may be reasonably required by the Florida Coastal Management Program. All required reporting forms and instructions shall be distributed with the subgrant award. 2. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non - federal expenditures. All expenses incurred for the project shall be disbursed according to the provisions in the subgrant budget, as approved by the program. All expenditures and cost accounting of funds shall conform to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992 and Office of Management and Budget CircularsA -87, A -110 and A -21, in their entirety. All funds not spent according to the terms of this Agreement shall be subject to repayment by the recipient. 3. Compliance With "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy requirements provided in Section 287.055, Florida Statutes, known as the "Consultant's Competitive Negotiations Act". 4. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements in the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992 and applicable state statutes. The department's approval of the recipient Agreement does not constitute approval of consultant contracts. If the recipient subcontracts any or all of the work required under this subgrant, the recipient agrees to include language in the subcontract which states that the consultant /subcontractor is bound by all terms of this subgrant with the department. The recipient further agrees to include in the subcontract that the subcontractor shall hold the deparnneru harmless against all claims of whatever nature arising out of the 25 7. Written Approval of Changes in This Approved Award Agreement All chances to the subarant award acreement must be accomplished through the amendment process. Up to two (2) amendments to the subgrant award aareement may be granted; however, none will be approved in the fourth quarter of the subgrant period. • A Recipients mudt _ .. revs - ----re _- amend its subarant award acreement, subiect to department review and approval. for anv chances to its subarant award acreement. Sixty (601 days must be allowed for an amendment which also reauires National Oceanic and Atmospheric Administration's (NOAA's1 review and approval. These Bmendmentg include, but are not limited to: A. Program changes in subgrant scope or objectives; key subgrant staff; providing financial assistance to another party; transfer of programmatic work to another party (except for procurement of equipment, supplies and general support services); transfer of an award to a replacement recipient; change in recipient name; and substantial decrease in project costs (generally 5% or more). B. Budget changes which call for additional funding. C. For awards in which the federal share exceeds $100,000, cumulative transfers among cost categories exceeding 10% for state and local governments or 5% for non - profit organizations, for profit organizations, and individuals. D. Transfer of funds allotted for training allowances. S. Purchase of equipment, particularly computer hardware and software, not included in the approved budget. F. Transfer of funds from the construction part of an award to the non - construction part or vice versa. G. Funds in a direct cost category may not be transferred to an indirect cost category, or vice versa. 8. Transfers of funds cannot be used to increase the total budgeted award. - -- - - - WORDS 69RICIEN ARE DELETIONS; WORDS UNDERLIN$Q ARE ADDITIONS. subcontractor's performance of work under this subgrant, to the extent allowed and required by law. 5. Allowable Costs • Allowance for costs incurred under the subgrant shall be determined according to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992; OMB Circular A -87 (Cast Principles Applicable to Grants and Contracts with State and Local Governments); and OMB Circular A -21 (Cost Principles for Educational Institutions). All procedures employed in the use of federal funds to procure services, supplies or equipment shall be according to the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992; OMB Circular A- 87, A -21; attachment "O "of OMB Circular A -110; and Florida law to be eligible for reimbursement. 6. Travel All travel reimbursement for out -of -state or out -of- subgrant specified- work -area shall be based upon written approval of the department priorto commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. All bills for travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 7. Written Approval of Changes in This Approved Agreement Up to two (2) amendments to the subgrant award may be granted; however,none will be approved in the fourth quarter of the subgrant period. Recipients must obtain prior approval in writing from the department for major changes; up to sixty (60) days must be allowed for these changes which require National Oceanic and Atmospheric Administration's review and approval. These include, but are not limited to: 26 1 A. Program changes in subgrant scope or objectives; key subgrant staff; providing financial assistance to another party; transfer of programmatic work to another party (except for procurement of equipment, supplies and general support services); transfer of an award to a replacement recipient; change in recipient name; and substantial decrease in project costs (generally 5% or more). B. Budget changes which call for additional funding. C. For awards in which the federal share exceeds $100,000, cumulative transfers among cost categories exceeding 10% for state and local governments or 5% for non -profit organizations, for profit organizations, and individuals. Once the 5% or 10% has accumulated, if the request for a revised budget has been approved, the revised budget becomes the new base budget on which the 5% or 10% is based. For awards under $100, 000 of federal funds, this requirement does not apply. D. Transfer of funds allotted for training allowances. E. Purchase of equipment, particularly computer hardware and software, not included in the approved budget. F. Transfer of funds from the construction part of an award to the non - construction part or vice versa. G. Funds in a direct cost category may not be transferred to an indirect cost category, or vice versa. H. Transfers of funds cannot be used to increase the total budgeted award. Transfers do not justify increasing the quantitative number of items documented in any approved budget line item. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Coastal Zone Management Act funds. 9. Advance Funding Advance funding is authorized for a maximum of twenty-five (25) percent of the federal award for each subgrant according to Section 216.181(12) (b), Florida Statutes 27 (1991), and the National Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992. Advance funding shall be provided to a recipient upon a written request to the department justifying the need for such funds. This request, including the justification, must be included with the subgrant application. Any advance payment is also subject to federal OMB Circulars A -87, A -110, A -21 and the Cash Management Improvement Act of 1990. With respect to a recipient which is a not - for -profit corporation, all advances of federal funds received hereunder shall be placed in an interest - bearing account. The interest earned on said account, minus $100 per year, shall be remitted promptly, but at least quarterly, to the department for forwarding to the federal agency that provided the funds. With respect to a recipient which is a local government, all interest which may be earned on all advances of federal funds received hereunder must be promptly, but at least quarterly, remitted to the department for forwarding to the federal agency that provided the funds. However, the local government is not required to deposit such advances in an interest bearing account. 10. Commencement of Subgrant If work to be performed as part of the subgrant has not commenced within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the Florida Coastal Management Program indicating the steps which were taken to initiate the subgrant and the reasons for the delay. The recipient must also request a new expected subgrant start date. If work to be performed as part of the subgrant has not commenced within ninety (90) days after acceptance of the subgrant award, the recipient shall send a second letter to the Florida Coastal Management Program again explaining reasons for the delay. An expected new start date must be requested. Upon receipt of the ninety (90) day letter, the department shall determine whether the reason for delay is justified or shall, at its discretion, unilaterally terminate this Agreement and reobligate subgrant funds to other department approved subgrants. The department may extend the starting date of the subgrant beyond the ninety (90) day period, where warranted by extenuating circumstances, but only by formal written amendment to this Agreement. 28 11. Extension of a Subgrant for Contractual Services Extension of a subgrant for contractual services between the recipient and a contractor (which includes all subgrant budget categories) shall be in writing (for a period not to exceed six (6) months) providing sufficient time remains in the subgrant period, and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to circumstances beyond the control of the contractor. 12. Excusable Delays Except with respect to defaults by consultant(s), subcontractor(s), the recipient shall not be in default by reason of any failure in performance of this Agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the recipient and consultant (and without fault or negligence of either of them), the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The department ordered the recipient (in writing) to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more legitimately defined causes, the delivery schedule shall be revised accordingly. 29 13. Obligation of Recipient Funds Recipient funds shall not, under any circumstances, be obligated prior to the effective date or subsequent to the termination date of the • subgrant period. (Only subplot costs incurred on or after the effective date, and on or prior to the termination date of the recipient's subgrant are eligible for reimbursement.) A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of the order. 14. Default; Remedies; Termination A. If any of the following events occur ( "Events of Default "), all obligations on the part of the department to make any further payment of funds hereunder shall, if the department so elects, terminate, and the department may at ns option exercise any of its remedies set forth herein, but the department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the recipient in this Agreement or any previous agreement with the department shall at any time be false or misleading in any respect, or if the recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the department, and the recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the department; 3. If any reports required by this Agreement have not been submitted to the department or have been submitted with incorrect, incomplete or insufficient information; 4. If the recipient has failed to perform and complete in timely fashion any of the services required under Performance Tasks, Section F above, incorporated herein. 30 B. Upon the happening of an Event of Default, then the department may, at its option, upon written notice to the recipient and upon the recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the recipient is given at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mad, postage paid, by registered or certified mail -return receipt requested, to the address of the recipient. 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payme 4. Exercise any corrective or remedial actions, to include but not be linmed to, requesting additional information from the recipient to determine die reasons for or the extent of non - compliance or lack of performance,, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the recipient to reimburse the department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise availa6ie under law. C. The department may terminate this Agreement for cause upon such miner notice as is reasonable under the circumstances. Cause shall include, but not limited to misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statute, as amended. D. Suspension or termination constitutes final department action under Chapter 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. 31 E. The recipient shall return funds to the department if found in non - compliance with laws, rules, regulations governing the use of the funds or this Agreement. F. This Agreement may be terminated by the written mutual consent of 12e parties. G. Notwithstanding the above, the recipient shall not be relieved of liability to the department by virtue of any breach of Agreement by the recipient. The department may, to the extent authorized by law, withhold any payments to the recipient for purpose of set -off until such time as the exact amount of damages due the department from the recipient is determined. 15. Program Income (Also Known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the National Oceanic and Atmospheric Administration Grant aad Cooperative Agreements Policy Manual, February, 1992, U. S. Department of Commerce. Reference: The Cash Management Improvement Act of 1990. 16. Access to Records The Department of Community Affairs, the U. S. Department of Commerce, National Oceanic Atmospheric Administration, the Auditor General of the State of Florida, the U. S. Comptroller General, or any of their duly authorial representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to National Oceanic Atmospheric Administration's PoEcy Manual, February, 1992. The department reserves the right to unilaterally terminate this Agreement if the recipient or contractor refuses to allow public access to all documents, papers, legs, or other materials, subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or contractor in conjunction with this Agreement. 17. Audit A. The recipient shall provide the department one copy of an annual aunt conducted in compliance with The Single Audit Act of 1984, Public Law 502. The audit shall be performed in accordance with OMB Circular A -128 and other applicable federal law. The subgrant for this Agreement shall be identified with the subject audit in The Schedule of Federal Financial 32 • Assistance. The subgrant shall be identified as federal funds passed through the Florida Department of Community Affairs and include the subgrass number, Catalog of Federal Domestic Assistance (CFDA) number, awanii amount, subgrant period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and Chapters 10.550 a 10.600, Rules of the Florida Auditor General. B. A complete audit report, which includes any portion of the effective dates of this Agreement, must be submitted within thirty (30) days after its completion,. but no later than seven (7) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings (both audit report and management letter findings). Incomplete audit reports will not be accepted by the department and will be returned to the recipient. C. The recipient shall have all audits prepared by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. D. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report where noncompliance with federal laws aid regulations exists. E. The recipient shall ensure that audit working papers are made available to the department or its designee, upon request, for a period of five (5) years from the date the audit report is issued, unless the date is extended in writing by the department. F. If this Agreement is finalized without an audit, the department reserves the right to recover any disallowed costs identified in an audit completed after such finalization. G. The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2740 Centerview Drive Tallahassee, Florida 32399 -2100 33 18. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs must be submitted on Quarterly Financial Claim Reports. The request for reimbursement should be submitted within thirty (30) days after the end of each quarter of the subgrant period. All claims requesting reimbursement for Operating Capital Outlay (OCO) equipment items having a unit cost of $5,000 or more, and a useful life of one (1) year or more, shall be accompanied by a completed Non - Expendable Property Form signed by the recipient's property custodian. If local accounting procedures require OCO equipment items to be reported at a lesser amount than $5,000, local requirements shall apply. All claims for reimbursement shall be submitted in sufficient detail for proper pre- audit and post- audit. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post -audit thereof. 19. Property Accountability The recipient agrees to use all non - expendable property for coastal management purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished by the department or purchased pursuant to this Agreement according to federal property management standards set forth in the National Oceanic Atmospheric Administration's Policy Manual, February, 1992, or the federal Office of Management and Budget's Circular A -110, Attadanent N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this Agreement. When the equipment is no longer required, the recipient will dispose of the equipment in accordance with the Florida Coastal Management Program, pursuant to the National Oceanic and Atmospheric Administration's Grants and Cooperative Agreements Policy Manual, February, 1992, and 15 CFR, Pan 24. 20. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this Agreement is governed by the terms of the Notional Oceanic and Atmospheric Administration Grants and Cooperative Agreements Policy Manual, February, 1992, or OMB Circular A -110, Attachment N, Paragraph Eight (8). 34 21. Retention of Records The recipient shall maintain all subgrant records and documents for a minimum of three (3) years from the date of the Final Financial Claim Report. These records must be made available for audit and public disclosure upon request by the U. S. Deparment of Commerce, the National Oceanic and Atmospheric Administration, the Department of Community Affairs, the Florida Coastal Management Program, the Comptroller General of the United States, the State of Florida Comptroller's Office, the State of Florida Auditor General's Office, or any other duly authorized persons. 22. Disputes The department shall make a decision in writing when responding to any disputes, disagreements or questions of fact arising under this Agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this Agreement according to the department's decision. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this Agreement. At any time, a representative of the Department of Community Affairs, U. S. Department of Commence, or the National Oceanic and Atmospheric Administration or all have the privilege of visiting the subgrant project site to monitor, inspect and assess work performed under this Agreement. 24. Publication or Printing of Reports A. Before publishing or printing a final draft of any report required under, or pertaining to this Agreement, such draft shall be sent to the Florida Coastal Management Program for review and comment (reports other than required Quarterly Subgrant Performance Reports and Quarterly Financial Claim Reports). B. Publications or printed reports covered under "A" above shall include the following statements on the cover page: 1. "This report was prepared for the Department of Community Affairs, Linda Loomis Shelley, Secretary, in cooperation with the U.S. Department of Commerce, National Oceanic and Atmospheric Administration." The next printed line shall identify the month and the year the report was published. 35 2. "Funding for this program was provided in part by Cooperative Agreement awarded to the Department of Community Affairs, State of Florida, by the National Oceanic and Atmospheric Administration, U. S. Department of Commerce." 3. "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida, Department of Community Affairs, the U. S. Department of Commerce, National Oceanic Atmospheric Administration or any other agency of the state or federal government." 25. Equal Employment Opportunity (EEO) All National Oceanic Atmospheric Administration recipients must comply with the following nondiscrimination requirements. By signing this Agreement, the recipient organization agrees to comply with the following statutes, regulations, and Executive Order: The recipient agrees to comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000D et seq.) prohibiting discrimination under Federally assisted programs on the grounds of race, color or national origin and Department of Commerce regulations implementing Title VI (15 CFR Part 8); Ttk IX of the Education Amendments of 1972, as amended, (20 U.S.C. 1681 et seq.) prohibiting discrimination on the basis of sex in Federally assisted education programs or activities; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) prohibiting discrimination under any program or activity receiving Federal financial assistance on the basis of handicap and Department of Commerce regulations implementing Section 504 (15 CFR Part 8b); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.) prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance and Department of Commerce regulations implementing the Act (15 CFR Part 20); Part III of Executive Order 11246 (30 F.R. 12319, September 25, 1965) as amended by Executive Order 11375 (32 F.R. 14303, October 17, 1967) requiring Federally assisted construction contracts to include the provisions of 203 of the Executive Order and the regulations of the Department of Labor implementing the Executive Order with which the Department of Commerce and its recipients must comply (41 CFR 60- 1.4(b)); any other regulations implementing these statutes and orders. 26. Non - Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Pan 85, Section 85.510, Participant's Responsibilities). These procedures 36 require the recipient to certify it shall not enter into any lower tiered covemd transaction with a person who is debarred from participating in this covezed transaction, unless authorized by the department. 27. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 28. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101 -121 set forth in "Government- -wide Guidance for New Restriction on Lobbying; Interim Final Guidance ", published on December 30, 1990, Federal Register. Each person shall file the most current edition of the Certification and Disclosure Form, if applicable, with each submission that initiates agency consideration of sash person for award of federal contract, grant, or cooperative Agreement of $100,000or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this Agreement was executed. Submission of this certification is a prerequisite to entering into this Agreement, subject to conditions and penalties imposed by Section 1352, 77tle 31, United States Code. Any person who fails to file the requited certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal loan, or the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any non - federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, "Disclosureof Lobbying Activities ",in accordance with its instructions. 37 C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. 29. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 28 of Section I, no funds or admix resources received from the department in connection with this contract may be used directly or indirectly to influence legislation or any other official action by the Flaw Legislature or any state agency. 30. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: A. The percentage of the total cost of the program or project that shall be financed with federal funds; and B. The dollar amount of federal funds to be expended on the project or program. 31. Non - Supplanting Federal funds made available for state or local projects under the Coastal Zone Management Act of 1972, as amended, may not be so used as to supplant state finds or other funds that would be available in the absence of such federal funds for Coastal Zone Management Program activities. The federal funds will be used to increase such state funds or other funds available for Coastal Zone Management 32. Substantive Involvement A recipient of the National Oceanic and Atmospheric Administration financial assistance may not act merely as a "straw party" for another organization. The application must show that the recipient plans to have substantive involvement in the project to be accomplished, not to act merely as a conduit of funds to another organization. However, applications may provide for third parties to perform certain project activities. 38 33. Monitoring The recipient shall constantly monitor its performance under this Agreement Ii ensure that time schedules are being met and the performance tasks and deliverables are being accomplished within the specified time periods in conformity with Sectirn F and G of the subgrant. 34. Legal Authorization The recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The recipient also certifies that the undersigned possesses the authority to legally execute and bind recipient to the terms of this Agreement. 35. Vendor Payments Pursuant to Chapter 215.422, Florida Statutes, the department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and recevls, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the department paying interest at the rate of one percent per Mora calculated on a daily basis on the unpaid balance. The interest penalty shall be pail within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (904) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 -848 -3792. 36. Other Provisions A. The validity of this Agreement is subject to the truth and accuracy of all she information, representations, and materials submitted or provided by the recipient, including information, representations and materials submitted pursuant to Paragraphs A. through H. above, in any subsequent submission a response to department request, or in any submission or response to fulfill d r requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the department and within thirty (30) days written notice to the recipient, cause the termination of this Agreement and the release of the department from all its obligations to the recipient. 39 37. Project Close -Out Project funds which have been properly obligated by the end of the subgrant funding period will have forty (45) days in which to be liquidated (expended). Any funds not liquidated at the end of the forty -rive (45) day period will lapse and revert to the department. A subgrant funded project will not be closed out until the recipient has satisfied all close -out requirements in one final subgrant close - out package. WORDS 8TR*GNEN ARE DELETIONS; WORDS UNDERLIN$Q ARE ADDITIONS. 1 B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. C. No waiver by the department of any right or remedy granted hereunder or failure to insist on strict performance by the recipient shall affect or extend or act as a waiver of any other right or remedy of the Agency hereunder, or affect the subsequent exercise of the same right or remedy by the Agency for any further or subsequent default by the recipient. Any power of approval or disapproval granted to the Agency under the terms and life of this Agreement as a whole. D. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 37. Project Close -Out Project funds which have been properly obligated by the end of the subgrant funding period will have ninety (90) days in which to be liquidated (expended). Any funds not liquidated at the end of the ninety (90) -day period will lapse and revert to the department. A subgrant funded project will not be closed out until the recipient has satisfied all close -out requirements in one final subgrant close -out package. 40 SIGNATURE PAGE IN WITNESS WHEREOF,the parties affirm they have read and agree to conditions set forth in Section I, understand and agree to abide by the Agreement in its entirety, and have executed this Agreement by their duly authorized officers on the day, month and year set out below. CORRECTIONS INCLUDING STRIKEOVERS ,WHITEOUTS,ORCROSSOUTS ON THIS PAGE ARE NOT ACCEPTABLE. State N nor'& Department of Community Affairs Florida Coastal Management Program A Signature: 1 &AA, 1 // C. ' Typed: Mar • -' i e McMullen Tltle: Assistant cretary Date: October 28, 1993 Subgrant Recipient Authorizing Official of Governmental Unit cariia■ CWieosao, Mayor, or Doi*m ed Roprwud“) Signature. Typed: ho a W. Brown Title: County Administrator Date: September 2, 1993 Implementing Agency ow I , Abninistrator or Designated Representative Signature: £ — " i J . Typed: homes W. Brown Title: County Administrator Date: September 2, 1993 41 Attachment B Monroe County and HRS Interlocal Agreement Cesspool Identification and Elimination HAS Budget Schedule Budget CotegorV Federol Support HRS Match Cotegory Total In -Kind Cash 1. Salaries 59,791 30,029 89,820 2. Fringe Benefits 26,612 26.612 3. Travel 11,168 1,806 12,974 4. Equipment 1,070 1,070 5. Supplies 1,200 5,094 6,294 6. Contractual Services 3,850 3,850 7. Construction 8. Other 4,449 4,449 9. Indirect Charges 991 991 Totals 72,159 0 73,901 146,060 Pagel