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
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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
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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
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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
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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
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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.
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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.
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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.
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$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
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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
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