Item J1County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
y
w)
Mayor Pro Tem David Rice, District 4
�r
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
March 15, 2017
Agenda Item Number: J.1
Agenda Item Summary #2696
BULK ITEM: Yes DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441
No
AGENDA ITEM WORDING: Approval of a resolution authorizing the County Administrator to
enter into state grant agreement LP44070 for $1.25 Million for wastewater projects on Little Torch
Key and Big Pine Key, and authorization for the County Administrator to execute all other required
documents for the grant.
ITEM BACKGROUND: The Legislature appropriated $5 million for water quality projects under
the Florida Keys Stewardship Act during the 2016 session. Under the existing interlocal agreements
(ILAs), $1.25 million of that appropriation would be awarded to the Key Largo Wastewater
Treatment District ( KLWTD). Under a separate interlocal agreement (ILA) between the County and
the KLWTD, the County will use the funds, which are earmarked for "new projects ", for its sewer
programs and add a corresponding amount to the amount to be paid to the KLWTD under the 20
MAY 2015 ILA. At its October 18, 2016 meeting, the KLWTD board opted to have the County use
the 2016 funds.
PREVIOUS RELEVANT BOCC ACTION: On 20 May 2015 the BOCC approved the ILA with
the KLWTD to resequence the future Mayfield funds (later the first $100 million of the Stewardship
funds) to allow the County to use the KLWTD shares of future "Mayfield" funds appropriated for
new projects and to pay the KLWTD an equal amount from its other sources for use by the KLWTD
to pay down its debt.
CONTRACT /AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution Stewardship LP44070 March 2017
LP44070 Grant Agreement and Attachments
2015 -05 -20 KLWTD - Mayfield ILA
FINANCIAL IMPACT:
Effective Date: TBD (upon execution by the State of Florida)
Expiration Date: Upon expenditure of the funds
Total Dollar Value of Contract: $1,250,000
Total Cost to County: $1,250,000 (payable to KLWTD in 10 annual installments starting in April
2019.
Current Year Portion: $1,250,000
Budgeted: No
Source of Funds: State of Florida
CPI: N/A
Indirect Costs: staff time (minimal)
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: Yes
Grant: $1,250,000
County Match: None
Insurance Required: N/A
If yes, amount: $1,250,000
Additional Details: This will be repaid to the KLWTD as part of an interlocal agreement with
KLWTD.
N/A
REVIEWED BY:
Cynthia Hall Completed
Budget and Finance Completed
Kathy Peters Completed
Board of County Commissioners Pending
02/26/2017 11:24 AM
02/27/2017 3:09 PM
02/27/2017 3:27 PM
03/15/2017 9:00 AM
RESOLUTION NO. -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT
LP44070 AND ALL OTHER REQUIRED DOCUMENTS IN CONNECTION WITH
ACCEPTANCE OF 2016 FLORIDA KEYS STEWARDSHIP ACT FUNDS FOR
WASTEWATER PROJECTS.
WHEREAS, during the 2016 legislative session, the Florida legislature
appropriated $5 million for water quality projects under the Florida Keys Stewardship
Act; and
WHEREAS, of the $5 million in 2016 Stewardship funds, $1.25 million was
awarded to the Key Largo Wastewater Treatment District (KLWTD) under the terms of
an interlocal agreement dated February 20, 2013 between Monroe County, KLWTD and
other governmental entities for the sharing of Mayfield Grant funds (the "Year Two of
Four Agreement ") and a subsequent amendment; and
WHEREAS, on May 20, 2015, the Monroe County Board of County
Commissioners approved an interlocal agreement (ILA) between the County and
KLWTD to re- sequence future Mayfield funds to allow the County to use the KLWTD
shares of future "Mayfield" (subsequently, Florida Keys Stewardship Act) funds for new
County shovel -ready projects and to repay KLWTD an equal amount from other sources
to allow KLWTD to pay down existing debt for its wastewater projects; and
WHEREAS, at its meeting on October 18, 2016, the KLWTD board voted to have
the County use its 2016 allotment from 2016 Stewardship funds; and
WHEREAS, in light of the foregoing, the Florida Department of Environmental
Protection (DEP) has offered to enter into DEP Agreement No. LP44070 with Monroe
County, whereby DEP will grant to the County $1.25 million for construction of
centralized wastewater collection system on Little Torch and Big Pine Key; and
WHEREAS, pursuant to Section 125.74(1)(m), the County Administrator is
authorized to negotiate leases, contracts and other agreements for the County, subject
to approval of the Board of County Commissioners; and
WHEREAS, it is in the County's best interests to accept the $1.25 million as a
source of funds for construction of the wastewater collection system.
NOW THEREFORE BE IT RESOLVED by the Monroe County Board of County
Commissioners, as follows:
1. The County Administrator is hereby authorized to execute DEP grant
agreement LP44070 (Grant Agreement) on behalf of Monroe County Board of
County Commissioners and to accept the grant funds listed in the Grant
Agreement.
2. The County Administrator is further authorized to execute any other
necessary documents in connection with the Grant Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
Mayor George Neugent
Mayor Pro Tern David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL)
Attest: KEVIN MADOK, Clerk
In
Deputy Clerk
day of March 2017.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LIM
z
Mayor /Chairperson
DEP AGREEMENT NO. LP44070
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO HOUSE BILL 447 FY16 -17
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F. S.), between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Connmonwealth
Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department ") and MONROE COUNTY,
whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as "Grantee "), local
government, to provide financial assistance for the Monroe County Little Torch and Big Pine Collection Systems.
Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party ".
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. TERMS OF AGREEMENT
The Grantee does hereby agree to perform in accordance with the teens and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement, the terns "Grantee" and
"Recipient" are used interchangeably.
2. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2018,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2016,
through the expiration date of this Agreement. This Agreement may be amended to provide for additional
services if additional funding is made available by the Legislature.
3. FUNDING /CONSIDERATION/INVOICING
A. As consideration for the satisfactory completion of services rendered by the Grantee under the terns
of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of $1,250,000. It is understood that any additional funds necessary for the completion of
this project are the responsibility of the Grantee. The parties hereto understand and agree that this
Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and /or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten percent
(10 %) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee's match requirements, a change in the expiration date of the Agreement, and /or
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10 %)
DEP Agreement No. LP44070, Page 1 of 13
of the total budget as last approved by the Department. All Amendments are subject to the
mutual agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance
with laws, rules and regulations applicable to expenditures of State funds, including, but not limited
to, the Reference Guide for State Expenditures, which can be accessed at the following web address:
http: / /www.mvfloridaefo.coli aadir /reference guide . All invoices for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A
final payment request should be submitted to the Department no later than sixty (60) calendar days
following the completion date of the Agreement, to assure the availability of funds for payment. All
work performed pursuant to Attachment A must be perfonmed on or before the completion date of
the Agreement, and the subsequent sixty -day period merely allows the Grantee to finalize invoices
and backup documentation to support the final payment request.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment C, Contract Payment Requirements. The Payment Request Summary Fonn shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable: Reimbursement shall be limited to the following budget categories:
i. Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours spent on the project.
All multipliers used (i.e., fringe benefits, overhead, indirect, and /or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
calendar days of written notification. Interest on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration. Subcontracts,
which involve equipment purchases as part of an installation/retrofit or that include
infrastructure and /or infrastructure improvements, as defined in Florida Chief Financial
Officer (CFO) Memorandum No. 5 (2011- 2012), must be capitalized in accordance with
Chapter 69I -72, Florida Administrative Code (F.A.C.). The Grantee shall be responsible
for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this
requirement and ensure its subcontracts issued under this Agreement, if any, impose this
requirement, in writing, on its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants /contractors in perfonning the work described in Attachment A.
Invoices submitted to the Department for fixed -price subcontracted activities shall
be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (i.e., Invitation to Bid or
Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -price
subcontract resulting from procurement methods other than those identified in the
paragraph above. In this instance, the Grantee shall request the advance written
approval from the Department's Grant Manager of the fixed price negotiated by
the Grantee. The letter of request shall be supported by a detailed budget and
DEP Agreement No. LP44070, Page 2 of 13
Scope of Services to be perfonned by the subcontractor. Upon receipt of the
Department Grant Manager's approval of the fixed -price amount, the Grantee
may proceed in finalizing the fixed -price subcontract.
All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request. The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead, indirect, general
administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the
Department of Financial Services' Reference Guide for State Expenditures at
http: / /www.invfloridaefo.corn/aadir /reference guide /
F. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from coniningling funds on either a prograin- by- program or a
project -by- project basis. Funds specifically budgeted and /or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall have
the right to demand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non - compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department.
Interest on any refund shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payinent(s) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payinent(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
4. ANNUAL APPROPRIATION
The State of Florida's perfonnance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a coiuinitinent of
future appropriations. Authorization for continuation and completion of work and payment associated
therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated.
5. REPORTS
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work perfonned during the
reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the
next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than
twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood
DEP Agreement No. LP44070, Page 3 of 13
and agreed by the parties that the teen "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days
to review the required reports and deliverables submitted by the Grantee.
6. RETAINAGE
Retainage is not required under this Agreement.
7. INDEMNIFICATION
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
iiuinunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in any smatter
arising out of any contract or this Agreement.
8. DEFAULT /TERMINATION/FORCE MAJEURE
A. The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. Prior to tennination, the Department shall provide thirty (30) calendar days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for tennination.
B. The Department may tenninate this Agreement for convenience by providing the Grantee with thirty
(30) calendar day's written notice. If the Department tenninates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be tenninated. If the
Agreement is terminated before perfonnance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for perfonmance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be conflnned by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and /or the Department. The Grantee is responsible for the
perfonmance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event.
9. REMEDIES /FINANCIAL CONSEQUENCES
No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the services needed for
submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days
of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timefraime, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure
DEP Agreement No. LP44070, Page 4 of 13
to perform, or 2) the Department Grant Manager may, by letter specifying the failure of perfonnance under
this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the
Department. All CAPS must be able to be implemented and perfonned in no more than sixty (60) calendar
days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have
ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In
the event the CAP fails to correct or eliminate perfonnance deficiencies by Grantee, the Department
shall retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perfonn. No actions approved by the Department or steps taken by the Grantee shall
preclude the Department from subsequently asserting any deficiencies in perfonnance. The Grantee
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of
the CAP will be made to the Department as requested by the Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
perfonnance of the Agreement as specified by the Department may result in tennination of the
Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
10. RECORD KEEPING /AUDIT
A. The Grantee shall maintain books, records and documents directly pertinent to perfonnance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) consistently applied. The Department, the State, or their authorized representatives shall
have access to such records for audit purposes during the term of this Agreement and for five (5)
years following the completion date or tennination of the Agreement. In the event any work is
subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
11. SPECIAL AUDIT REQUIREMENTS
A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
(850) 245 -2361 to request a copy of the updated information.
DEP Agreement No. LP44070, Page 5 of 13
B. The Grantee is hereby advised that the Federal and /or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and /or state) identified in Attachment E, Exhibit
1 when making its detennination. For federal financial assistance, the Grantee shall utilize the
guidance provided under 2 CFR §200.330 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the foam entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (foam
number DFS- A2 -NS) that can be found under the "Links /Fonms" section appearing at the following
website:
hops:A \apps.fldfs.com \fsaa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
12. SUBCONTRACTS
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph 3.D.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless
of any subcontract, the Grantee is ultimately responsible for all work to be perfonmed under this
Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by this Agreement embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority
owned finms that could be offered subcontracting opportunities may be obtained by contacting the
Office of Supplier Diversity at (850) 487 -0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state - appropriated funds which have been
appropriated at the time of the competitive solicitation, a state college, county, municipality, school
district, or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon:
The contractor's maintaining an office or place of business within a particular local
jurisdiction; or
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
DEP Agreement No. LP44070, Page 6 of 13
14. LOBBYING PROHIBITION
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in
accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem,
appropriated to, or otherwise available for use by, any executive, judicial, or quasi - judicial department shall
be used by any state employee or other person for lobbying purposes.
15. COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement includes,
but is not limited to, compliance with all applicable federal, state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this
Agreement.
16. NOTICE
All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a
courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an
electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
17. CONTACTS
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below:
Michael Isaacson, or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd., MS 43505
Tallahassee, Florida 32399
Telephone No.:
850- 245 -2928
E -inail Address:
Michael. isaacson dep.state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
Kevin G. Wilson, or Successor
Monroe County
Assistant County Administrator
1100 Simonton Street
Key West, Florida 33040
Telephone No.:
305- 797 -1547
Fax No.:
305- 295 -4321
E -mail Address:
Wilson - kevin monroecounty -fl.gov
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.13 should include the updated Grant Manager inforination.
DEP Agreement No. LP44070, Page 7 of 13
18. INSURANCE
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub - grantee,
or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds
for the entire length of the Agreement.
B. Coverage may be by private insurance or self - insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All coimimercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days' written notice (with the exception of non - payment of preimiun, which requires a 10-
calendar -day notice) to the Department's Grant Manager. If the Grantee is self - funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self - funded for said insurance, appropriate and allowable under Florida law, and that such
self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any self - insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Coimimercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Coimimercial Automobile Liability insurance is required, for all claims which may arise
from the services and /or operations under this Agreement, whether such services and /or
operations are by the Grantee or any of its contractors. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company-
Owned Vehicles, if applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
iv. Other Insurance may be required if any work proceeds over or adjacent to water, including
but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any
applicable rider to worker's compensation insurance, and any necessary watercraft
insurance, with limits of not less than $300,000 each. Questions concerning required
coverage should be directed to the U.S. Department of Labor
( htlp:// www. dol.gov /owep /dihwc /iscontac.htm) or to the parties' insurance carrier.
DEP Agreement No. LP44070, Page 8 of 13
19. CONFLICT OF INTEREST
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
20. EQUIPMENT
The purchase of non - expendable personal property or equipment costing $1,000 or more purchased for
purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this
Agreement, the Grantee may retain ownership and will require its subcontractor to account for and report on
all non - expendable personal property or equipment purchased under its subcontract. Non - expendable
personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph
3.D. of this Agreement shall be capitalized in accordance with Chapter 69I -72, F.A.C., with property records
maintained by the Grantee for audit purposes. The following terms shall apply:
A. The Grantee and /or its subcontractor shall have use of the non - expendable personal property or
equipment for the authorized purposes of the contractual arrangement as long as the required work
is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
non - expendable personal property or equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused
by the use of, non - expendable personal property or equipment purchased with state funds and held
in Grantee's possession for use in a contractual arrangement with the Department.
21. UNAUTHORIZED EMPLOYMENT
The employment of unauthorized aliens by any Grantee /subcontractor is considered a violation of Section
274A(e) of the h unigration and Nationality Act. If the Grantee /subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
22. RESERVED.
23. DISCRIMINATION
A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability,
shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise
subjected to discrimination in perfonnance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section
287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not
award or perform work as a contractor, supplier, subcontractor, or consultant under contract with
any public entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and posts the list
on its website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at (850) 487 -0915.
24. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. LP44070, Page 9 of 13
25. PHYSICAL ACCESS AND INSPECTION
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents; and
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
26. PUBLIC RECORDS ACCESS
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall iimimediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
provide the public records to the Department within a reasonable time, the Grantee may be
subject to penalties under s. 119.10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
DEP Agreement No. LP44070, Page 10 of 13
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245 -2118, by email at oimbudsman(&,,dep. state. fl. us, or at
the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
27. TERMINATION, FALSE CERTIFICATION, SCRUTINIZED COMPANIES, AND
BOYCOTTING
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,
F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -
agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135,
F.S., the Department may iiumediately terminate this Agreement for cause if the Grantee, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases
to authorize these contracting prohibitions then they shall become inoperative.
28. EXECUTION IN COUNTERPARTS
This Agreement, and any Amendments or Change Orders thereto, may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together shall constitute
one and the same instrument.. In the event that any signature is delivered by facsimile transmission or by e-
mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or ".pdf'signature page were an original thereof.
29. SEVERABILITY CLAUSE
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
DEP Agreement No. LP44070, Page 11 of 13
30. ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP44070, Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
MONROE COUNTY
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
0
*County Administrator
Print Naive of Authorized Person
Date:
FEID No.: 59- 6000749
an
Secretary or designee
Print Name and Title of Authorized Person
Date:
Michael Isaacson, DEP Grant Manager
Lisa Widener, DEP QC Reviewer
*For Agreements with governmental boards/ commissions: If someone other than the Chainnan signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee imust
accompany the Agreement.
List of attachiments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (2 Pages)
Attachment
B
Payiment Request Summary Fonm (5 Pages)
Attachment
C
Contract Payment Requireiments (1 Page)
Attachment
D
Progress Report Fonm (1 Page)
Attachment
E
Special Audit Requireiments (5 Pages)
Attachment
F
Attachment Intentionally Excluded
Attachment
G
Attachment Intentionally Excluded
DEP Agreement No. LP44070, Page 13 of 13
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Monroe County Little Torch and Big Pine Collection Systems
PROJECT LOCATION: The project will be located in Monroe County (Grantee), Florida. The project
includes work on Little Torch and Big Pine Keys. Project coordinates are: Latitude 24 degrees 40 minutes
11 seconds North Longitude 81 degrees 21 minutes 20 seconds West.
PROJECT BACKGROUND: In 1999, the State of Florida established a requirement to eliminate septic
tanks and cesspits from the Florida Keys Area of Critical State Concern and replace them with central
sewage systems to treat effluent to Advanced Wastewater Treatment standards (AWT). The Cudjoe
Regional Wastewater treatment system is the final part of that countywide plan. This project is a part of
that final system. The project is comprised of a portion of the collection and transmission system located
on Little Torch and Big Pine Keys. The project will allow collection and transmission of sanitary
wastewater to a central treatment facility located on Cudjoe Key. That treatment plant has been in operation
since October 2015.
PROJECT DESCRIPTION: The Grantee will construct a hybrid collection system including gravity and
low pressure collection and transmission systems in residential neighborhoods on Little Torch and Big Pine
Keys. County ordinance and state statute require properties served to connect to the central collection
system and decommission existing systems which may be cesspits, septic tanks, or individual aerobic
treatment systems. The Grantee does not anticipate that the funding under this agreement will result in a
fully completed project, so this agreement will cover a portion of the construction work
TASKS and DELIVERABLES:
Task 1: Construction of the Project
Task Description: The Grantee will contract, through the Florida Keys Aqueduct Authority (FKAA),
construction of the hybrid (gravity and low pressure) wastewater collection and transmission system on
Little Torch and Big Pine Keys, Florida as a part of the larger Cudjoe regional wastewater collection,
transmission, and treatment system.
Deliverables: The collection and transmission system constructed as described in this task, as evidenced
by: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following
completion of the construction task, or of the portion of work completed when the funding supplied by this
grant has been fully expended; 2) written verification that the Grantee has received record drawings and
any required final inspection report(s) for the project (as applicable); 3) signed acceptance of the completed
work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating
construction has been completed in accordance with the design, or indicating that construction completed
by the end of the funding has been completed in accordance with the design.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they
meet the specifications in the Grant Work Plan and this task description and that work is being performed
in accordance with the Grantee's construction contract documents. Upon review and written approval by
the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment
request submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon
completion of the task and Department approval of all associated task deliverables.
DEP Agreement No. LP44070, Attachment A. Page 1 of 2
PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all
deliverables must be received by the task end date.
Task
Task Title
Budget
Budget
Task Start '
Task End
No.
Category
Amount
Date
Date
1
Construction
Contractual
$1,250,000
07/01/2016
12/31/2017
Services
DEP Agreement No. LP44070, Attachment A, Page 2 of 2
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Payment Request No.
Performance Period (Start date - End date):
DEP Agreement No.
Date
Deliverables completed to support payment request (attach additional pages as needed):
Task/Deliverable Task Budget
Number(s):
Grantee:
(Name & Mailing
Address)
Grantee Contact:
(Name & Phone)
Amount:
GRANT EXPENDITURES SUMMARY SECTION
CATEGORY OF EXPENDITURE
As authorized
AMOUNT OF THIS
REQUEST
TOTAL
CUMULATIVE
PAYMENT
REQUESTS
MATCHING FUNDS
FOR THIS
REQUEST
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries/Wages
$ -
$ -
$ -
$ -
Fringe Benefits
$ -
$ -
$ -
$ -
Indirect Cost
$ -
$ -
$ -
$ -
Contractual (Subcontractors)
$ -
$ -
$ -
$ -
Travel
$ -
$ -
$ -
$ -
Equipment (Direct Purchases)
$ -
$ -
$ -
$ -
Rental/Lease of Equipment
$ -
$ -
$ -
$ -
Miscellaneous /Other Expenses
$ -
$ -
$ -
$ -
Land Acquisition
$ -
$ -
$ -
$ -
TOTAL AMOUNT
$
$
�
TOTAL BUDGET
(ALL TASKS)
$
$
Less Total Cumulative Paymen
Requests of:
$
dl
i
$
TOTAL REMAININ
(ALL TASKS)
$
$
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payinent Request on Page 2 to certify that the ainount being requested for reiinburseinent
above was for items that were charged to and utilized only for the above cited grant activities.
DEP Agreement No.LP44070, Attaclunent B, Page 1 of 5
Grantee's Certification of Payment Request
(Print name of Grantee's Grant Manager designated in the Agreement)
Period of Service (mm/dd /yy — mm/dd/yy)
, do hereby certify for
(Print name of Grantee)
DEP Agreement No.
and Payment Request No.
that:
El The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement.
0 All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing
the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement.
0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in
default of any terms or provisions of the contracts.
Check all that apply:
• All permits and approvals required for the construction, which is underway, have been obtained.
• Construction up to the point of this disbursement is in compliance with the construction plans and permits.
• The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during
the time period covered by this Certification of Payment Request, and such certifications are included:
Professional Service Provider (Name / License No.)
Grantee's Grant Manager's Signature
Print Name
Telephone Number
on behalf of
Grantee's Fiscal Agent Signature
Print Name
Telephone Number
DEP Agreement NoIP44070, Attachment B, Page 2 of 5
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE: This is the date that you are submitting the payment request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for (this must be within the timeline
shown for the Task/Deliverable in the Agreement).
TASK/DELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work
Plan). Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and
the amount requested.
TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding Task/Delverable. Note: If payment request includes more
than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested.
GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant sent.
GRANTEE CONTACT: List the name and telephone number for the Grantee's grant manager or other point of contact regarding the payment request submittal.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must
agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount of all
Tasks on the "TOTAL BUDGET (ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL BUDGET (ALL TASKS)" for the amount to enter on
the "TOTAL REMAINING (ALL TASKS) " line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The
final request should show the total of all requests, first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you
are reporting on). Enter the column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN Enter the amount to be claimed as match for the performance period for the Task(s) you are reporting on. This needs to be shown under
specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on
the "TOTAL BUDGET (ALL TASKS)" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE
PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the
"TOTAL REMAINING (ALL TASKS) " line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the
line titled "TOTAL PAYMENT REQUEST." The final request should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded
areas.
GRANTEE'S CERTIFICATION Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period
included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No.LP44070, Attachment B, Page 3 of 5
J.1:b
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
REQUEST FOR PAYMENT — PART II
1 .711ILI1.10 I'm 11013101rI]11 Will I
Grantee Name:
Payment Request No.:
DEP Agreement No.:
Vendor Name
Invoice
Number
Invoice Date
Invoice Amount
(1)
Local Share or Other
Funding or Amount
Not Requested (2)
Requested Amount (3)
Check Number
Task/Deliverable be(44) )
Number
Totals:
$ -
$ -
L ,
DEP Agreement No.LP44070, Attachment B, Page 4 of 5
Instructions for Completing Request for Payment - Part II
Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated
with the Project by Task/Deliverable.
I Invoice Amount: Amount of Invoice being submitted for reimbursement.
2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee.
Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice
3 Amount (1).
Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple
deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not
4 applicable to that Task /Deliverable identified under (2).
Submittal Instructions
Instructions for E- mailing:
The program now accepts reimbursement requests electronically, please E -mail to SR F. When scanning please be sure
that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent
electronically, please do not also send a hard copy by postal mail. You should anticipate a response from program staff
within 2 business days.
Remit Payment Request by E -mail to: S Reportingndep.statejl.us
Be sure the E -mail payment request includes the following:
Cc: Department's Grant/Project Manager
Subject: Project Number Number: example — LP14025_Disb - 1
Attachments:
1) Attachment B Payment Request Summary
2) Request for Payment Part 11 Reimbursement Detail
3) Copies of invoices
4) Other supporting documentation, as needed
For questions or concerns regarding these forms or if you would like the payment request forms listed above in
electronic format please contact:
+_,G * - . -
DEP Agreement No.LP44070, Attachment B, Page 5 of 5
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiuns paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Govermnental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are tenninated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: htip: / /ivww.fldfs.corn/aadir /reference guide.htm
DEP Agreement No. LP44070, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
LP44070
Grantee Name:
Monroe County
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant Work Plan:
a summary of project accomplishments for the reporting period; a comparison of actual
accomplishments to goals for the period; if goals were not met, provide reasons why; provide an
update on the estimated time for completion of the task and an explanation for any anticipated
delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The followine format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP44070
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. LP44070, Attachment D, Page 1 of 1
J.1:b
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department ", 'DEP ", 'FDEP" or
"Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the
contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised
(see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB
Circular A -133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and
cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of
Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as revised (for fiscal year
start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal
year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2
CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal
resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by
the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements
of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities
as provided in Subpart C of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than
$500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of
DEP Agreement No. LP44070, Attachment E, Page I of 6
J.1:b
OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an
audit must be paid from recipient resources obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog ofFederal Domestic Assistance (CFDA) via the internet at www.efda.gov
PART IL STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
L In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient,
the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules
of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of
the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection
by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of
Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-
state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website
located at httl2s: / /p
aps.fldfs.com /fsaa for assistance. In addition to the above websites, the following websites may be accessed for information:
Legislature's Website at httl2: / /www. lea .state.fl.us /Welcome /index.efm State of Florida's website at htt12: 1//www.myflorida.com 1/ Department of
Financial Services' Webs ite at htt12: / /www.tldfs.com/ and the Auditor General's Website at httl2: / /www.myflorida.com /audaen
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State
awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant
to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in
accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
DEP Agreement No. LP44070, Attachment E, Page 2 of 6
J.1:b
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F and required by
PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F,
by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit0',dep. state. fl.0 s
The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised, and 2 CFR §200.501(a) (the number of copies required by
Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal
Clearinghouse's Internet Data Entry System which can be found at httl2: /lharves ter. censuS.uov /facweb/
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised, and 2 CFR
§200.512.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package
described in Section .320(c), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the
Department of Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
DEP Agreement No. LP44070, Attachment E, Page 3 of 6
J.1:b
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit0',dep. state. fl.0 s
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the
following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSinuleAuditQddep. state. fl.us
The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the
Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSinuleAudit0',dep. state. fl.us
DEP Agreement No. LP44070, Attachment E, Page 4 of 6
J.1:b
5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB
Circular A -133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
IkitylWlNURI oil NONIHL
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is
issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial
Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of
Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LP44070, Attachment E, Page 5 of 6
J.1:b
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci Tent Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Catego
Original
Agreement
House Bill 447, Florida
Keys Stewardship Act,
General Revenue
2016 -2017
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$1,250,000
141115
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Catego
Original
Agreement
House Bill 447, Florida
Keys Stewardship Act,
General Revenue
2016 -2017
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$1,250,000
141115
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Catego
Original
Agreement
House Bill 447, Florida
Keys Stewardship Act,
General Revenue
2016 -2017
37.039
Statewide Surface Water Restoration
and Wastewater Projects
$1,250,000
141115
Total Award I $1,250,000
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.efda.gov] and /or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa /searchCatalog.aspx]. The services /purposes for
which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. LP44070, Attachment E, Page 6 of 6
i
Above This Line For Official Use Only
V4
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND
THE KEY LARGO WASTEWATER TREATMENT DISTRICT
TO RE- SEQUENCE THE DISTRIBUTION OF MAYFIELD GRANT FUNDING
THIS INTERLOCAL 'JGRV EMENT ( "ILA" or "Agreement ") is made and entered
into this gj 7j�.?t3ay of , 2015, to redistribute or reallocate shares to be
distributed pursuant to the 'STATE WASTEWATER FUNDING DISTRIBUTION
AGREEMENT FOR `YEAR TWO OF FOUR, "' ( "Year Two of Four ILA" or "Year Two of
Four Agreement ") dated the 20th day of February 2013, as amended by a subsequent interlocal
agreement ( "Amendment ILA" or "Amendment Agreement ") dated the 17th day of September,
2013.
This ILA is made by and between the following (the "Parties "):
MONROE COUNTY ( "County "), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Suite 205, Key West, FL 33040; and
THE KEY LARGO WASTEWATER TREATMENT DISTRICT ( "District" or
"KLWTD "), an independent special district established under the Laws of Florida, whose
address is P.O. Box 491, Key Largo, FL 33037.
WITNESSETH:
WHEREAS, in 2008, the State Legislature approved a modification to FS 215.619 authorizing
the issuance of up to $200 million of Everglades restoration bonds ( "Mayfield Grant Funds "), to
help defray the cost of mandated but unfunded sewer projects in the Florida Keys; and
WHEREAS, in March of 2012, the State Legislature appropriated, and the Governor
subsequently approved, the first of four $50 million yearly allocations of the $200 million in
anticipated Mayfield Grant Funds; and
WHEREAS, on February 20, 2013, the Parties hereto, along with other governmental entities in
Monroe County, entered into the Year Two of Four Agreement, which provides for the
Page 1 of 12
distribution of the anticipated $50 million "Year Two of Four" of Mayfield Grant Funds among
the entities; and
WHEREAS, on September 17, 2013, the Parties hereto, along with other entities in Monroe
County, entered into the Amendment Agreement, which provides for the distribution of "Year
Two of Four," "Year Three of Four," and "Year Four of Four" of Mayfield Grant Funds among
the entities; and
WHEREAS, pursuant to the Year Two of Four Agreement, KLWTD received a "Year Two" to
allocation of $17 million; and
WHEREAS, pursuant to the Amendment Agreement, KLWTD will receive a "Year Three"
allocation of $12.5 million, and a "Year Four" allocation of $13.5 million; and
WHEREAS, in 2014, the State Legislature appropriated, and the Governor subsequently
approved, the second of four $50 million yearly allocations of the $200 million in anticipated
Mayfield Grant Funds; and
WHEREAS, the legislation appropriating the said second of four $50 million yearly allocation
specified that the funds be distributed according to the Year Two of Four Agreement, as
amended by the Amendment Agreement; and
WHEREAS, the Mayfield Grant, as administered by the Florida Department of Environmental
Protection allows participating entities located within Monroe County to reassign grant interests
among themselves; and
WHEREAS, the Amendment Agreement provides at paragraph "6" that "two or more parties to
the agreement may agree by a separate agreement to redistribute or reallocate their respective
shares of the anticipated funds as set forth in the schedule in paragraph 5(a) of the Amendment
Agreement by written instrument, which only needs to be executed by the parties to that separate
agreement, subject to appropriate State approvals;" and
WHEREAS, KLWTD has remaining projects that involve the construction, reconstruction, and
improvement of public wastewater facilities that would qualify as new construction for which its
share of the Mayfield Grant funds could be used; and
WHEREAS, KLWTD's remaining construction projects, while necessary improvements to
KLWTD's infrastructure, are not time - sensitive; and
WHEREAS, the County has current, on -going projects that involve the construction,
reconstruction, and improvement of public wastewater facilities that would qualify as new
construction for which Mayfield Grant funds could be used; and
WHEREAS, the majority of the County's remaining wastewater project costs are scheduled to
be funded by through the issuance of debt; and
Page 2 of 12
WHEREAS, it is in the public interest for the County to reduce its debt service costs for its
wastewater projects; and
WHEREAS, the Parties recognize that it would be in the best interest of all of the residents of
Monroe County, including those who reside within KLWTD's service area, for the KLWTD to
assign to the County its Mayfield Grant Funds in exchange for an obligation from the County to
repay such assignment of KLWTD's Mayfield Grant Funds over time without interest cost; and
WHEREAS, the Parties now desire to amend the terms of the original Year Two of Four
Agreement, as amended by the Amendment Agreement, by assigning the funds to which
KLWTD is entitled under the Year Two of Four Agreement as amended by the Amendment
Agreement to the County to be applied by the county for new and/or current County wastewater
projects, in exchange for the County's obligation to repay such amounts over time.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is acknowledged by both of the
Parties, and pursuant to Section 163.01, et. seq., Florida Statutes, the Florida Interlocal
Cooperation Act of 1969, the Parties hereto agree as follows:
1. DEFINITIONS.
Terms defined in Paragraph "1" of the Year Two of Four Agreement, as amended by the
Amendment Agreement, have the same meaning in this Agreement unless otherwise
specified herein or unless the context clearly requires a different meaning.
2. RECITALS.
The recitals set forth above are true and correct and are hereby incorporated in this
Agreement.
3. EFFECTIVE DATE, TERM, AND TERMINATION.
a) Effective Date: This ILA shall take effect on the date it is fully executed by an
authorized officer of both of the Parties.
b) Term and Termination:
1) This ILA shall continue in full force and effect until the County has satisfied
all of its payment obligations hereunder.
2) This ILA may be terminated by the mutual consent of both of the Parties, in
writing.
Page 3 of 12
4. . PURPOSE
a) It is the purpose of this ILA to make the most efficient possible use of the Mayfield
Grant Funds for the benefit of all residents of Monroe County, including those
residing within the KLWTD service area and to improve the health, safety and
welfare of those residents.
b) It is also the purpose of this ILA to provide the County with an alternative, less
expensive source of funding, which shall replace financing already secured by the
County, for new and/or current wastewater construction projects or other such
projects as permitted by law, while at the same time providing KLWTD with a
mechanism for receiving the distribution of funding that it has been allocated and to
which it is entitled pursuant to and in accordance with the Year Two of Four
Agreement, as amended by the Amendment Agreement.
c) It is the further purpose of this ILA to amend the terms of the Year Two of Four
Agreement, as amended by the Amendment Agreement, for the KLWTD to assign to
the County KLWTUs Mayfield Grant Funds for new and/or current County
wastewater construction projects and to provide for the replacement of those Funds
through the County's repayment obligation to KLWTD as described herein.
5. CONSIDERATION.
a) The County agrees:
1) To pay KLWTD the full amount received by the County from the assignment
of each portion of KLWTD's allocation of the Mayfield Grant Funds up to an
aggregate principal amount of $43,000,000 (each an "Obligation" and
collectively, the "Obligations "), under the following terms:
(a) The Obligations will not bear any interest.
(b) The principal amount of each Obligation shall equal the principal
amount of each Mayfield Grant Funds allocation assigned by KLWTD
to the County.
(c) Each Obligation shall have a term of 10 years commencing upon
receipt of the applicable Mayfield Grant Funds.
(d) Subject to the provisions of Section 5(a)(1)(f) hereof, each Obligation
shall be payable in equal annual amounts on April 1 of each year,
commencing on the April 1 that immediately succeeds the receipt of
an allocation of KLWTD's Mayfield Grant Funds by at least 60 days.
The County and KLWTD shall mutually agree to each repayment
Page 4 of 12
schedule prior to the receipt by the County of any allocation of
Mayfield Grant Funds.
(e) Notwithstanding anything herein to the contrary, at no time during the
first three (3) years of this Agreement shall the County be required to
pay more than One Million ($1,000,000.00) Dollars in payments in
any one fiscal year of the County pursuant to this Agreement.
(f) The County may prepay any portion of the Obligation at anytime
without penalty or premium.
(g) The principal balance shall decrease by the amount of any
prepayments made by the County and shall increase by the amount of
any payments made by the County which are less than the required
amounts hereunder and the remaining repayment schedule shall be
adjusted accordingly.
(h) The County may pay any portion of the Obligation with any legally
available funds of the County; provided however, regardless of the
source of such payments, KLWTD shall not be bound by any
restrictions the County may otherwise have had with respect to such
source of funds.
(i) The Obligation under this Agreement shall constitute a "bond or
certificate of indebtedness" within the meaning of Section 75.01,
Florida Statutes
2) That said Obligation shall be secured by the Infrastructure Sales Surtax
Revenues (as defined in Resolution No.. 077 -2003 of the County adopted by
the Board of County Commissioners of the County on February 19, 2003, as
amended and supplemented (collectively, the "Bond Resolution ")); provided,
however, the Obligation and the County's repayment obligations hereunder
shall be subordinate and junior in all respects to the County's obligations with
respect to any Bonds heretofore or hereafter issued under the Bond Resolution
and the County's obligations under any heretofore or hereafter entered loan
agreements with the State of Florida, including but not limited to the
Department of Environmental Protection.
3) That the County will comply with all applicable State and Federal laws,
regulations, and rules with respect to the use of the funds assigned herein.
4) That the County agrees to accept funds under this agreement under the
following terms:
Page 5of12
(a) The County agrees to accept KLWTD's Year Two of Four allocation
of $17,000,000 in its entirety upon acceptance of this agreement.
(b) The County agrees to accept KLWTD's Year Three of Four allocation
of $12,500,000 in its entirety or, should the total Mayfield allocation
be less than $50 million for that year, the proportional amount that
would be allocated to KLWTD in accordance with the provisions of
paragraph 5(b) of the Amendment Agreement, if and when such
allocation is available and if such funds are still needed by the County
to complete any projects lawful under the statutes. The County agrees
to accept KLWTD's Year Four of Four allocation of $13,500,000 in its
entirety or, should the total Mayfield allocation be less than $50
million for that year, the proportional amount that would be allocated
to KLWTD in accordance with the provisions of paragraph 5(b) of the
Amendment Agreement if and when such allocation and is available
and if such funds are still needed by the County to complete any
projects lawful under the statutes.
b) KLWTD agrees:
1) To assign to the County any unused portion of its "Year Two of Four," "Year
Three of Four" and "Year Four of Four" distributions of its Mayfield grant
award.
c) Both Parties agree:
1) The total amount of $43,000,000 currently allocated to KLWTD in
accordance with the Year Two of Four Agreement as amended by the
subsequent Amendment Agreement shall not be altered by this Agreement
other than by those amounts included in the principal portion of the Obligation
incurred by the County pursuant to this Agreement. Any portions of
KLWTD's distribution allocated in accordance with the Year Two of Four
Agreement as amended by the subsequent Amendment Agreement which
exceeds the amounts transferred to the County by KLWTD pursuant to this
Agreement, shall remain allocated to KLWTD.
2) That the County shall have the option, at its sole discretion, to accept the
transfer of additional allocations, beyond the Year Three of Four allocation in
paragraph 4)(b) above, with the following provisions.
(a) Both Parties agree to amend this ILA to cover those additional
allocations.
Page 6 of 12
(b) In no event shall either Party be required to agree to a change of any
other terms or conditions of this Agreement or the Obligation incurred
pursuant hereto at that time of such amendment.
(c) Such additional transferred allocations shall be included as part of the
Obligation incurred hereunder.
(d) In such event, the County agrees to notify the District of its intent to
accept the transfer of such additional allocations not later than June 15,
2016. Should the County not have notified KLWTD of its intent to
accept the transfer of such additional allocations by June 15, 2016,
then the remaining allocations shall be available to KLWTD.
d) Each party shall be responsible for its own counsel's fees up to the point where the
parties have agreed upon and accepted the terms and conditions of this ILA.
e) Fees for Chapter 75 validation proceeding shall be split equally between the Parties
and paid equally by the Parties.
f) The County and its counsel shall be authorized and required to institute appropriate
proceedings for validation of this Agreement and the Obligation herein authorized
pursuant to Chapter 75, Florida Statutes. Neither party shall be required to perform
under this Agreement until the Agreement and the Obligation have not been so
validated.
g) In the event the Parties are unable to agree on mutually acceptable terms and
conditions of the Obligation, then and in that event, this Agreement shall be null and
void and neither party shall have any recourse against the other.
h) Each party shall maintain at its respective place of business all books, documents,
papers, and other evidences pertaining to this Agreement. Such record shall be
available at any time that the other party reasonably requests inspection and copying
of said records.
i) The parties shall allow public access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119, Florida Statutes, and the
Constitution of the State of Florida and which have been made or received by either
party in conjunction with this Interlocal Agreement.
6. SEVERABILITY.
a) If any provision or a part of a provision of this Agreement relating to the Obligation,
or the provisions of paragraph 5 above, is found by a court, arbitrator or other
authority of competent jurisdiction to be void or unenforceable, this entire Agreement
shall be null, void, unenforceable, and without effect.
Page 7of12
b) If any provision or part of a provision of this ILA, other than a provision relating to
the Obligation, or the provisions of paragraph 5 above, is found by a court, arbitrator
or other authority of competent jurisdiction to be void or unenforceable, that
provision or part of a provision is to be deemed deleted from this ILA and the
remaining provisions to continue in full force and effect. The Parties shall, in this
event, seek to agree upon a valid and enforceable provision or part of a provision to
replace the provision or part of a provision found to be void and unenforceable.
LO
7. THIRD PARTY RIGHTS.
a) This ILA is made for the benefit of KLWTD and the County and not for any other
entity or person.
b) No provision of this ILA is be construed as creating any rights enforceable by a third
party, and all third party rights implied by law are, to the extent permissible by law,
excluded from this ILA.
8. JOINT PREPARATION.
The preparation of this ILA has been a joint effort of the Parties, and this ILA has been
carefully reviewed by the Parties. Therefore, this ILA shall not, solely as a matter of judicial
interpretation, be construed more severely against one of the Parties than the other.
9. COUNTERPARTS.
This ILA may be executed in counterparts and by each Party on separate counterparts, each
of which, when so executed and delivered, shall be an original and all of which shall together
constitute one and the same Agreement. Signature pages may be detached from the various
counterparts and attached to a single copy of this document to physically form one document.
A facsimile version of any signature shall be deemed an original for all purposes.
10. GENERAL PROVISIONS.
a) This ILA shall be recorded in the Office of the Clerk of Monroe County upon its
execution by all parties hereto. This ILA shall also be filed with the Florida
Department of Environmental Protection and govern the disbursement of all future
Mayfield Grant Funds.
b) This ILA may be modified and amended only by written instrument duly executed by
the Parties hereto.
c) The laws of the State of Florida shall control and govern this Agreement.
Page 8 of 12
d) The subject headings of the paragraphs are included for purposes of convenience only
and shall not affect the construction or interpretation of any of its provisions.
e) Any provision of this Agreement that is continuing in nature or imposes an obligation
that extends beyond the expiration or termination of this Agreement shall survive its
expiration or termination.
f) No delay or omission on the part of either Party in exercising any right hereunder
shall operate as a waiver of such rights or any other right and waiver on any one or
more occasions shall not be construed as a bar to or waiver of any right or remedy on
any future occasion.
11. CERTIFICATION OF AUTHORITY.
The Parties do hereby certify that any and all necessary resolutions of their respective
governing boards that may be required to effectuate and validate the terms of this Agreement
have been duly made and adopted.
12. ENTIRE AGREEMENT.
This Agreement, the Amendment Agreement, and the original Year Two of Four Agreement
embody the entire agreement between the Parties with reference to the distribution of the
balance of the $150 million of Mayfield Grant Funds. In the event of any conflict or
inconsistency between the provisions of the Original ILA and/or the Amendment Agreement,
and this Agreement, the provisions of this Agreement shall control and govern as between
the Parties. This Agreement may be modified and amended only by written instrument
executed by the Parties hereto.
13. PRIOR ILA'S REMAIN IN FULL FORCE AND EFFECT.
Except as specifically modified and amended herein, all of the terms, provisions,
requirements and specifications contained in the Year Two of Four Agreement dated the 20th
day of February 2013, as amended by the Amendment Agreement dated the 17th day of
September, 2013 shall remain in full force and effect. Except as otherwise expressly
provided herein, the parties do not intend to, and the execution of this Agreement shall not, in
any manner impair the Year Two of Four Agreement as amended by the Amendment
Agreement.
14. JOINT COOPERATION.
In accordance with paragraph "7" of the Original Year Two of Four Agreement, the Parties
agree to cooperate and to use their best efforts and their joint resources to advocate for the
appropriation of the balance of the $100 million of Mayfield Grant Funds, and the
Page 9 of 12
distribution of those said funds directly to the Parties in accordance with the distribution
schedule as set forth in that Agreement.
15. TRANSFERABILITY
This Agreement is made and entered into by and between the County and the KLWTD, inter
alia, to assign to the County KLWTD's anticipated share of the funds generated by the =
issuance of the Everglades restoration bonds administered by the Florida Communities Trust, LO
known as the "Mayfield Grant Funds," in accordance with the Year Two of Four Interlocal
Agreement dated February 20, 2012, entered into by various governmental entities in Monroe
County, as amended by the subsequent Amendment Agreement dated September 17, 2013.
Should the remaining Mayfield Grant Funds be replaced by, transferred to, reconfigured as,
or incorporated into some other act, law, or program authorized and funded by the State of
Florida, it is understood and agreed by and between the parties that KLWTD will be entitled
to the same amounts from the new act, law, or program and agrees to transfer those amounts
to the County under the provisions of this ILA and any amounts os transferred will become a
part of the Obligation set forth herein.
In the event of such a replacement, transference, or incorporation, this ILA will remain in full
force and effect and in all places where this ILA makes reference to the "Mayfield Grant" or
"Mayfield Funds," the name or title of the new law, act, or program will be deemed to be
substituted therefor, and all the terms and conditions of this ILA shall apply to the funds
associated with that said new law, act, or program.
16. DECLARATION OF FUNDING PARITY
KLWTD acknowledges that, as of the date of this agreement and subject to the full funding
of the Mayfield Grant and all provisions of this ILA and the Obligation described herein,
good and satisfactory efforts have been made by the County to address any claim of funding
inequity.
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by
their Authorized Officers and have affixed their corporate seals hereon.
[SIGNATURES ON FOLLOWING PAGES]
Page 10 of 12
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
anny Kolhage, Mayor
04
ATTEST: Amy Heavlin, Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
R ert B. Shillinger, County A orn
Page 11 of 12
(SEAL)
KEY LARGO WASTEWATER
TREATMENT DISTRICT
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
R y Giglio, General Counsel
Page 12 of 12
ATTEST: Mariela Montedeoca, Clerk
r !
County of Monroe
The Florida Keys
Robert B. Shillinger, County Attorney **
Pedro J. Mercado, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert- Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney **
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
Peter H. Morris, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. law
BOARD OF COUNTY COMMISSIONERS
Mayor Danny L. Kolhage, District 1
Mayor Pro Tern Heather Carruthers, District 3
4M George Neugent, District 2
David Rice, District 4
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 12 Street, Suite 408
Key West, FL 33040
(305) 292 -3470 — Phone
(305) 292 -3516 — Fax
MEMORANDUM
TO: Nicole Rhodes, Deputy Clerk
FROM: Kathy M. Peters, CP, County Attorney's Office
RE: AGENDA ITEM 0-2: BOCC Meeting 5/20/15
DATE: May 21, 2015
Enclosed please find two (2) originally executed duplicates of the Interlocal Agreement Between
Monroe County and The Key Largo Wastewater Treatment District to Re- Sequence The Distribution of
Mayfield Grant Funding (one marked as "Clerk's Original" and the other marked "KLWTD Duplicate
Original') for original execution by the Mayor /processing that correlate with the above - referenced
agenda item approved by the Monroe County Board of County Commissioners on May 20, 2015.
Please note: Both duplicate originals require ORIGINAL EXECUTION by the Mayor /Clerk's
Attest. PLEASE RETURN THE DUPLICATE ORIGINAL MARKED KKLWTD Duplicate
Original" to my attention, CAY at Stop #7 for transmittal to KLWTD for their records. Thank
you so much.
O. COUNTY ATTORNEY
2. Approval of interlocal agreement with the Key Largo Wastewater Treatment District to re-
sequence the distribution of Mayfield Grant Funding and authorization to jointly file suit with
the District to validate the agreement under Chapter 75, Florida Statutes.
38"
Enclosures: Two (2) originally executed duplicates of the Interlocal Agreement Between Monroe
County and The Key Largo Wastewater Treatment District to Re- Sequence The
Distribution of Mayfield Grant Funding
(one marked as "Clerk's Original" and the other marked " KLWTD Duplicate Original "
U - tAr5 - - _ 1157 - ! 7DD E"WAOLF
WD
r Fa
I'
Key Largo Wastewater Treatment
District
98880 Overseas Highway — PO Box 491
Key Largo, FL 33037
Phone: (305) 451-4019 Fax: (305) 453-5807
www.klwtd.com
1� pNlIW gta
UWN, 7
RECEIVED
MAY — 6 2015
TRANSMITTAL LETTER
Date: May 5, 2015
To: Peters- Katherine
County Attorney
Monroe County Attorney's Office
1111 12`' Street
Key West, FL 33040
Phone:
MONROE COUNTY ATTORNEY
From: Key Largo Wastewater Treatment District
Mariela Montedeoca
Email: marielam @klwtd.com
Re: ILA with Monroe County
THESE ITEMS ARE TRANSMITTED AS INDICATED BELOW:
X For your use
As Requested
REMARKS:
For Review and Comment
For Bids Due
Signed:
86C,c�
L d
S/��� S
�1
156 6C a -"
40(
a
a
a,
{
a
DATE: June 8, 2015
TO: Bob Shillinger,
County Attorney
ATTN: Kathy Peters
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
WNROE COUNTY, FLORIDA
FROM: Lindsey Ballard, D.C.
At the May 20, 2015, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item 02 interlocal agreement with the Key Largo Wastewater Treatment
District to re- sequence the distribution of Mayfield Grant Funding and authorization to jointly file suit
with the District to validate the agreement under Chapter 75, Florida Statutes.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact my office.
cc: County Attorney
Finance (electronic copy)
File V/
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146