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06/16/1994 s 6 !' INTERLOCAL AGREEMENT WHEREAS, Monroe County (hereafter County) has r6ialiaiVed op $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 - . a , 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 30 days after the date approval of this Agreement of County Commission approval of Agreement II. SET -UP OF OPERATING PERMIT AND ENFORCEMENT PROCEDURES: 2 4.1 A. In coordination with County staff, devise and propose procedures and County ordinances for: issuing operating OSDS permits and for enforcement, including septic tank pump -out (at owner's expense by a licensed contractor), HRS inspection, recordkeeping, processing of noncompliant owners, operating permit issuance, and formulation of a new operating permit document. This shall include HRS staff involvement in the writing of County ordinances, policy and procedure memoranda, and other documents necessary for the start -up of this project and the OSDS inspection /compliance program. HRS shall assist County staff in initiating the public hearing process by the date of completion specified for this task. DATE OF COMMENCEMENT DATE OF COMPLETION 11/93 1/94 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 12/93 1/94 3 1 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 1/94 9/94 C. At the conclusion of the property owners' response period, update HRS records. 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 DBASE or LOTUS, and shall include all the types of information specified in Task IA above. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 3/94 IV: SITE SELECTION: A. In conjunction with County staff, analyze County - prepared maps of properties without permitted sewage systems, and determine the most appropriate sites for inspection. DATE OF COMMENCEMENT DATE OF COMPLETION 4 1/94 3/94 B. In conjunction with County staff, select a sampling of 500 - 800 properties likely to have cesspools for inspection. Consideration of the feasibility of replacing the cesspools with nutrient - limiting systems will be considered when the sample sites are selected. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 3/94 C. If warranted, HRS will prepare a second letter to property owners, with the assistance of the County's computer system. This second mailing will be paid by HRS grant funds. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 3/94 V. INSPECTION: A. Schedule inspection for each selected property. If the owner is uncooperative, assist the County in enforcement action, as specified in the County Ordinance and procedures developed under Task II above. DATE OF COMMENCEMENT DATE OF COMPLETION 3/94 9/94 B. Proceed to inspect properties. HRS shall inspect between 500 - 800 properties suspected of having an illegal OSDS. If upgrading and /or abandonment of cesspool is necessary, property owners shall be required to come into compliance with HRS and County regulations at the property owners' expense. The following general procedure shall be used: 5 If the property owner claims to have a permitted septic tank but is unable to substantiate the claim, request pumpout by the property owner, inspect the tank, and issue an operating permit if and when the septic tank is found or brought into compliance. Record the results. If the owner produces proof of a permit at any time, then record same. If a cesspool or illegal OSDS is found, proceed through 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 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. 6 DATE OF COMMENCEMENT DATE OF COMPLETION 9/94 10/94 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 and adoption of the County Ordinance 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 shall be limited to the amounts specified for each item in Attachment B, which is attached hereto and incorporated into this Agreement by reference. 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. Upon execution of this contract, the County shall advance the sum of $350 to HRS, to be used solely for travel expenses. This sum shall be advanced by the County, and reimbursed from HRS grant funds at the end of the first quarter as specified on the HRS grant budget, Attachment B, which is attached hereto and incorporated by reference. 7. 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. 8. 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. 9. 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. 10. 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 8 • t , 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. 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 9 pl)curemenc 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 -1.10; and Florida law. Travel may be only reimbursed according to the provisions of Section 112.061, Florida. 11. 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. 12. 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 10 of which is attached to this Agreement and made a part by reference. 13. 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. 14. 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. 15. Any and all modifications of the tasks, time of completion or reimbursement therefor, shall be amended by written amendment. 16. 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 11 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. 17. This Agreement shall be governed by the laws of Florida. Venue for any action arising under this Agreement shall be in Monroe County, Florida. 18. 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. 19. 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: Holly Larson, Senior Planner Homer Rhode Monroe County Planning Department Environmental Administrator Monroe County Regional Service Ctr Wing 1, Public Service Bldg 2798 Overseas Highway 5100 College Road W. Marathon, FL 33050 -2227 Key West, FL 33040 12 interlocal Agreement - -HRS 20. HRS shall commence performance under this Agreement immediately upon its taking effect. 21. This Agreement shall take effect upon the filing of an executed original with the Clerk of the Circuit County of Monroe County. IN WHITNESS WHEREOF, the parties hereto have set their hands and seals this 29th day of November , 1993. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By a410.44.olt C • Q By 4 0 Deputy Clerk / Mayor /Chairman 'SEAL) FLORIDA DEPARTMENT OF HEALTH Attest: & REHABILITATIVE SERVICES B e14 --z.- - A By 7 2) /5r. ADn j,v,' TR OFFICIAL NOTARY SEAL BY a�Clt (� L7� LI NOTARY PU &C STATE OF FLORIDA / Stephanie Walters, HRS MCPHU Administrator COMMISSION NO. CC328828 MY COMMISSION EXP. OCT. 30,1997 APPROVED AS r^ r - 7 13 ATTA ENT A :- L L. ' , 1 - it 1 Q i ... « .._. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W DRIVE • TALLAHASSEE, FLORIDA 3 2 3 9 9 - 2 1 0 0 LAWTON CHILES LINDA LOOMIS SHELLEY Governor Ivry October 28, 1993 RECEIVE. The Honorable Jack London - NOV 1 5 1993 Mayor of Monroe County PLANNING DEPT. Rt . 2, Box 67B (AND USE DIVISION Summerland Key, F1 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, jam' Linda mis he ley Secret _ -. 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. utho •, el Official Linda L. • is Shelley Secretary 0 / 2-, e/ Dat 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 $98,183, 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' conditions of agreement and special conditions governing this subgrant. l vx ; ( a ' ! �` 7 \\ \ �y (Signature of Authorized Official) (Date of Acceptance) Jack London Mayor Monroe County Board of County Commission (Typed Name and Title of Official) State of Florida Department of Community Affairs • • Florida Coastal Management Program Subgrant Application for Federal Coastal Zone Management Act Funds DCA Subgrant Number 94 - os - 72 - 11 - 54 . - 01 - 015 NOAA Task Number 3 . . 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 ) 292-4512 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 ) 29 2 - 9 5 3 0 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 67B Zip Code Summerland Key, FL 33042 Area Code and Telephone Number: (305 ) 292-4512 Area Code and Facsimile Machine • Telephone Number: (305) 745-1554 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) 289-2508 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 Title: Cesspool Identification and Elimination Project for Monroe County 7. Subgrant Period: Period Month Day Year Beginning Oc tober 1 1993 Ending September 30 1994 • 8. Program Priority Issue: #2, #4, and #5 C. Fiscal Data 9. (If other than the Chief Financial 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 -Stale Agencies): 59- 6000749 11. SAMAS Number (State agencies): 12. Budget Summary: Federal 98,183 Match 9 8, 18 4 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 nem 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 HRS, 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 - xd). 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 O 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 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, with 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 tte 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 systems, 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 t.is 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 ERS 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. E. Subgrant Objectives List subgrant objectives. Start below and use continuation pages as necessary. • 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 m the County's GIS. 3) SET UP OPERATING PERMIT AND ENFORCEMENT PROCEDURES: Prepare for the issuance of operating permits for septic systems which are pumped out and inspected. In addition, develop a procedure for enforcement action for inspection scheduling and system upgrading and replacement. This objective will require legal guidance to ensure a correct procedure. With regard to the time allowed violators to come into compliance, consideration will be given to the timing and findings of HRS' Advanced Sewage Disposal Systems project, which is being conducted concurrently with this project. 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 GIS 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: Determine which areas are most likely to contain concentrations of cesspools. 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 HRS requirements. 7) INSPECT SUSPECTED PROPERTIES: Train new inspectors. Send certified inspector(s), to selected properties. Require property owners to come into compliance with HRS regulatio =s, at the property owners' expense. 8) DATA UPDATE & PROJECT EVALUATION: Update the GIS database and evaluate the success of the project. 19 U U A r o > O 3 c C z . O , p co - • E^ - v O x k k X _ . w a) 1 J C • a (4 ., co — > "= • 3 O ea C -a E4 U S w, fV y ^• v-o c� _ . r. 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L • LY+ « . 5 ; E •. y H U) Q, Q.4-1 L, 0 1J H Q. •-4 H Ll, Q., 0 i, a 2 u u A 0 d' 0 z r , C . �, 0 � p Cr) 4.4 - P.3 L 0 c w u a] y C. r E -a CL X X y ,.r QJ 0 .� 0 CD i� - v H Q N ... 6 H Q :, > , A aui'n M V] • ^� 01 1 al O . _ O = 03 U r-1 .� C C/) o z 0. ►-� I r E A E ; c- U L. 2 cu N '�: Z ^ -- a _ 0 N 1 1L it L' F" n > ti .a Q C ) 0 N > CS � >+ v 0 .i• ►9 V E �. ♦ r ^ N 94 C O i 0 0) 'O 'D C L, UU a s W E- J . n E L O fn a N E C v r � 4JJ c 6 a 1-1 moo•' -o a)roo • —f 'a c C aJ L C .1-) Q, b a.) w Q, �" c �, .•. Li c >4 O ro V a) H 0 ' D a v u E.. o . _ 0.J . o 0 J ro a o cro 4-1 G) 0� • • � ` • ro? it) uro >4L. CJJS a LI o 0 " `D 1.0 Ul C 0 CI . v b> a) alc 8 . . 3 a) u q W .0 cL L 0 CO V C 0 � 3 C � A -44 > c o Q ro • C5 w� E c ro 0) 0 0)0 MI 'JJJU). - Ew 0.4 CU 0 p F > E. w a) L .1-: ro> a) C U) W a .0 H M 1 a) 'o o .? V) -. CO L W a 0 ``• ti ..• -; is v a.) A 1. z c . .ar a_ Q al ' g o r-► k X k _ c73 R 0a c ... ,., CZ c -0 F "q.; ti a OW a •D Cr) al = o • o C ■ 7 cd ti C r -1 C `. W . o a) .o a.) >-. U 1 7 cZ G z E cti E v, c o 0 o F d k x n. O 0 L. �' CV CT.' • 1., z tol (1 a O N U a z �� 0 a� � F z 0 a. `t U a) ; v o c v s.1 c c a d C , "' c L a I c j H O r � L a ro C.) A a b ' (/) w o pp o oo EE 4.. a� Cl. Q, LL D 'o °' 0 � E F > cn a CJ) u) C4 c n ( ,,, h ... o 8 � . M r • 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 20,884 12,240 33,124 2. Fringe Benefits 5,653 5,653 3. Travel 400 900 4. Equipment 390 390 5. Supplies 5,140 800 5,940 6. Contractual /Con- 72,159 73 , 901 146,060 sultant Services 7. Construction _ 8. Other 4,800 4,800 9. Indirect Charges _0- Subgrant Totals: $ 98,183 $ 6 , 390 $ 91,794 $ 196, 367 Matching funds for this subgrant will be provided by: Growth Management, Grants Management, and Information Systems Department Budgets; and HRS Budget. 21 • H. Subgrant Budget Narrative You must describe line items for each applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to subgrant activities. Starr below and use continuation pages as necessary. FEDERAL SUPPORT 1. Salaries Involved in Personnel /Pay Rate Total $ Task Number Project Manager (880 hrs @ $13.55/hr $11,924 la -d, 2a -c, 3a, 4a -d 5a -c, 6a -b, 7a, 8b Program Technician (640 hrs @ $8.00 /hr $ 5,120 la -d, 2a, 3a, 4b -c, 5a -b Program Technician (480 hrs @ $8.00 /hr $ 3,840 la -d, 2a, 3a, 4b -c, 5a -b Total Salaries $20,884 2. Fringe Benefits $0 3. Travel $0 4. Equipment $0 5. Supplies 16,600 printed envelopes $ 1,000 16,600 sheets letterhead $ 450 16,600 mailing labels $ 120 bulk mail permit $ 75 postage (16,600 letters) $ 3,320 GIS.plotter paper & pens $ 175 Total Supplies $ 5,140 22 FEDERAL SUPPORT, continued 6. Contractual Services HRS $ 72,159 7. Construction $0 8. Other $ 9. Indirect Charges $0 Total Federal Support $ 98,183 HRS CASH MATCH HRS $ 73,901 Total HRS Match $ 73,901 22 COUNTY CASH MATCH 1. Salaries Total Involved in Personnel /Pay Rate Amount Task Number Growth Management: Division Director (20 hrs @ $28.40/hr) $ 568 3a, 8b Attorney (20 hrs @ $28.40/hr) $ 568 3a Planning Director (40 hrs @ $21.23/hr) $ 850 3a, 6a 8b, overall supervision Planner (384 hrs @$13.40 /hr) $ 5,146 la -d, 3a, 6a -b, 8b, overall training & supervision Graphics Tech. (60 hrs @ $12.83/hr) $ - 770 4b -c, general report & map generation & distribution Admin. Asst. (192 hrs @ $9.20 /hr) $ 1,766 la -d, 3a, 4b -c, 8b, general clerical support Grants Management: Director (24 hrs @ $18.32/hr) $ 440 grant administration Information Systems: IGIS Project Mgr. (40 hrs @ $16.60 /hr) $ , 644 2a -c, 8b GIS Specialist (100 hrs @ $14.88/hr) $ 1,488 2a -c, 5c, 8a -b Total Salaries $ 12,240 2. Benefits (calculated as: 33% of salary for miscellaneous benefits including FICA, retirement and workers' compensation, plus $75 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: Division Director $ 225 Attorney $ 225 Planning Director $ 356 Planner $ 2,418 Graphics Tech. $ 367 Admin. Asst. $ 943 Grants Management: Director $ 190 Information Systems: IGIS Project Manager $ 250 GIS Specialist $ 679 Total Benefits $ 5,653 Total County Cash Match $ 17,893 COUNTY IN KIND MATCH 3. Travel Use of County and /or personal $ 400 vehicles for travel within County @ $.20 /mile 4. Equipment Office furnishings for new $ 390 employees, 3 sets @ $130 /set 5. Supplies Office Supplies, including $ 800 copy costs for large maps 7. Other GIS Computer time $ 4,800 100 hrs @ $48 /hr Total County In -Kind Match $ 6,390 22 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 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 Acceptance and Agreement All persons involved in, or having administrative . responsibility for, the subgrant must abide by these "Acceptance and Agreement" conditions. This "Acceptaz and Agreement" (Section 1) 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 tie department, the approved application and the following terms and conditions will become binding. Paragraph A. through H. incorporated by reference ani 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 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 Coastak 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 tint frame of project activities and is due within thirty (30) days after the end of the 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, aad November 1, covering the subgrant expenditures during the previous quarter. A final Financial Claim 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 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 act 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 department harmless against all claims of whatever nature arising out of the 25 subcontractor's performance of work under this subgrant, to the extent allowed amd 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 (Cost 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 "0" 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 prior to 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 • 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 gtaerai 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 fora 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)(6), Florida Statutes • 27 • (1991), and the National Oceanic and Atmospheric Administration Grants a . 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 jusnficadien, 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 heresr shall be placed in an interest - bearing account. The interest earned on said acco at, 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 nest 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 subgm+rt 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 recipien 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 its 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 null, 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 payment; 4. Exercise any corrective or remedial actions, to include but not be limii 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 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 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 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 the parties. G. Notwithstanding the above, the recipient shall not be relieved of liability no 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 subgrann period, as a direct result of the subgrant award. Program income shall be handled according to the National Oceanic and Atmospheric Administration Grant and 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 authorize 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 Pokcy 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, letters, or other materials, subject to provisions of Chapter 119, Florida Statutes, and nee 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 502. The audit shall be performed in accordance with OMB CircularA -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 throu the Florida Department of Community Affairs and include the subgrant number, Catalog of Federal Domestic Assistance (CFDA) number, awapz amount, subgrant period, funds received and disbursed. When applicable, to recipient shall submit an annual financial audit which meets the requiremergs of Sections 11.45 and 216.349, Florida Statutes; and Chapters 10.550 and 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 PubEc 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 and 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 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 submit 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 CircularA - 110, Attachment 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 r • 2. "Funding for this program was provided in part by Cooperative Agri awarded to the Department of Community Affairs, State i1 Florida, by the National Oceanic and Atmospheric Administration, IL Department of Commerce." • 3. "Points of view, opinions, and conclusions expressed in this report are thole of the recipient and do not necessarily represent the official position or policies of the State of Florida, Department of Community Affairs, the 111. S. Department of Commerce, National Oceanic Atmospb i 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 tie following nondiscrimination requirements. By signing this Agreement, the recipient organization agrees to comply with the following statutes, regulations, and Execmtnce 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); Title 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 tie 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 tlbe Executive Order with which the Department of Commerce and its recipients mast 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 Suspensions (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 covered transaction with a person who is debarred from participating in this armed 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 fiance ", published on December 30, 1990, Federal Register. Each person shall file the most current edition of the Certification and Disclos re Form, if applicable, with each submission that initiates agency consideration of saeh 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, Title 31, United States Code. Any person who fails to file the required 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 t • 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 ar other 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 Flow 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 funds 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 • r • 33. Monitoring The recipient shall constantly monitor its performance under this Agreement ir ensure that time schedules are being met and the performance tasks and deliverables are being accomplished within the specified time periods in conformity with Sectien F and G of the subgrant. 34. Legal Authorization The recipient certifies with respect to this Agreement that it possesses the leg 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 assurance 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 receipt, 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 dais 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 paid 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 Hotlittc at 1 -800- 848 -3792. 36. Other Provisions A. The validity of this Agreement is subject to the truth and accuracy of all the 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 or 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 amy material changes shall, at the option of the department and within thirty (3t)) 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 A L f ' 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 ' s 4 0 $IGNATURE 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. State of Florida Dapartaaat of Community Affairs Florida Coastal Management Program � Signature: � 1 ( Typed: Mar . , s e McMullen Title: Assistant - - cretary Date: October 28, 1993 Subgrant Recipient Authorizing Official of Governmental Unit -411 111111"oaewsioa Chainuaa, Mayor, or Dligoattd Reproastad,e) Signature: All— - Typed: h as W. Brown Title: County Administrator Date: September 2, 1993 Implementing Agency • of • . cial, Administrator or Designated Representative Signature: .�`. -_ ) Typed: T ho W. Brown Title: County Administrator Date: September 2, 1993 41 • i • f Attachment (3 Monroe County and HAS Interlocal Agreement Cesspool Identification and Elimination HAS Budget Schedule Budget Category Federal Support FIRS Match Category 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 5,000 5,000 9 !nd rect Charges I 991 991 Totals 72,159 3,850 70,602 146,611 Page 1