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01/15/2003 AgreementCleltelThe eircuracoult Danny L. Kolhage Phone:292-3550 Fax:295-3663 To: Tim McGarry, Growth Management Director Attn: Colleen Gardner From: Isabel C. DeSantis, Deputy Clerk -;Jc-p Date: Thursday, March 06, 2003 At the BOCC meeting of January 15, 2003, the Board granted approval and authorized execution of a Contract for Wastewater Service at North Key Largo, Florida between Monroe County and North Key Largo Utility for completion of wastewater improvements in fulfillment of grant obligations between Monroe County and the Florida Department of Environmental Protection under Grant Agreement LP0337. Attached hereto are three (3) fully executed duplicate originals for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance File ✓ CONTRACT FOR WASTEWATER SERVICE AT NORTH KEY LARGO, FLORIDA THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County, and North Key Largo Utility whose address is 100 Anchor Drive, Suite 505, Key Largo,Florida 33037 hereafter NKLU. Section 1. This Contract serves in partial fulfillment of the- County's agreement with the Florida Department of Environmental Protection (FDEP) (DEP Agreement No. LP033 . Said agreement is attached as Attachment A of this Contract for reference. The purpose of this agreement is to provide partial funding for wastewater infrastructure improvements initiated and completed by NKLU. Section 2. The NKLU and the County, for the consideration named agree as follows: 1. Work by NKLU will be completed as specified in its submittal to the County on August 22, 2002 (Attachment B). 2. The NKLU will provide the County with documentation for each item described below. Completion of Project activities (a) through (e) below shall be accomplished before March 1, 2003 to comply with statutory requirements pursuant to specific appropriation 1765A of the 2002-2003 CONTRACT FOR WASTEWATER SERVICE 03/13/03 3:27 PM General Appropriations Act (Chapter 2002-334, Laws of Florida). Said submittals shall be made by the NKLU Grant Manager and shall be sent to the County's Grant Manager in a single package not later than February 1, 2003. (a) Submittal of updated Section A, Attachment A of the County's Agreement with FDEP (Agreement No. LPO 7), Project Budget Information. (b) Certification of availability of the all wastewater collection/transmission system sites, including easements and rights -of -way, including permission to work on private property. (c) Submittal of plans and specifications as used for advertised competitive bidding. (d) Submittal of recommendation for award to low responsive, responsible bidder. (e) Certification of operability. 3. The NKLU agrees to provide additional information regarding items (a) through (e) above as requested by the County or the project funding agency, FDEP under its agreement with the County (DEP Agreement No. LPO#3). Section 3. Upon receipt of the submittal package described in Section 2., Subsection 2. the County will review all documentation prior to submittal to Contract 03/13/03 3:27 PM 2 FDEP for reimbursement. If there are any questions about completeness, the NKLU will consult with the County and upon resolution of any questions, provide any revisions to the submittal package as necessary. At this point, the submittal package will be deemed fully complete. Payment for the fully completed submittal package will be in the amount of $450,000. The NKLU agrees to submit an invoice in this amount upon favorable completion of the submittal package. The County will process the invoice from NKLU for payment within 30 days of receipt. Section 4. The County will provide the fully completed submittal package provided by NKLU to FDEP for reimbursement. If there any questions on the part of the FDEP, DEP Agreement No LP 37 Project Manager, Richard Smith, NKLU agrees to consult with the Project Manager and resolve any questions raised. Upon satisfactory resolution of any questions on the part of the FDEP Project Manager, NKLU agrees to revise the fully completed submittal package as necessary. This package will be deemed the final submittal package. Payment for the final submittal package will be in the amount of $537,586. The NKLU agrees to submit an invoice in this amount upon favorable completion of the final submittal package. The County will process the invoice from NKLU for payment within 30 days of receipt. Contract 03/13/03 3:27 PM 3 Section 5. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the County terminates this Contract because of the NKLU's failure to perform, then the County must pay the NKLU the amount due for all work satisfactorily completed as determined by the County up to the date of theNKLU's failure to perform but minus any damages the County suffered as a result of theNKLU's failure to perform. The damage amount must be reduced by the amount saved by the County as a result of the Contract termination. If the amount owed the NKLU by the County is not enough to compensate the County, then the NKLU is liable for any additional amount necessary to adequately compensate the County up to the amount of the Contract price. Section 6. The NKLU acknowledges and agrees that public use of any or all reports or other printed materials, videos, audio recordings, films and photographs produced as part of this Plan may not be restricted under the copyright laws of the United States of America. Section 7. Records of the NKLU's direct personnel payroll and other costs and expenses pertaining to the Project and records of the accounts between the County and the NKLU must be kept on a generally recognized accounting basis and must be available to the County. The records also must be in form sufficient to permit a grant specific audit to be performed in accordance with Contract 03/13/03 3:27 PM 4 the rules of the Auditor General. The NKLU must keep the records for five years following the completion of the Plan. Section 8. The NKLU acknowledges that all records, data, and documents created as part of the Plan are public records under Chapter 119, Florida Statutes. As a result, they must be made available at a reasonable place and time upon the request of a member of the public. Failure to do so is a breach of this Contract entitling the County to treat the Contract as terminated on the date of the violation of Chapter 119, Florida Statutes, with the County's obligation to pay extending only to work completed as of that date plus amounts previously retained, if any. Section 9. In the course of carrying out the wastewater infrastructure improvements, the NKLU may not discriminate against any employee because of race, age, creed, color, sex or national origin. The NKLU will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action may include, but need not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The NKLU must insert language similar to this Section in any of the NKLU's Contract 03/13/03 3:27 PM 5 subcontracts, if any, funded through this Contract except for subcontracts for standard commercial supplies and raw materials. Section 10. In carrying out the water quality monitoring program, the NKLU must comply with the requirements of the Americans With Disabilities Act and federal regulations issued under that Act. Section 11. The NKLU warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its discretion, may terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift, or consideration paid to the former County officer or employee. Section 12. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a contractor, supplier, subcontractor, or NKLU under contract with any public entity, and may not Contract 6 03/13/03 3:27 PM transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 13. The NKLU agrees to maintain adequate insurance or equivalent as provided in Exhibit B. Section 14. All communication between the parties should be through the following individuals or their designees: Monroe County George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Contract 03/13/03 3:27 PM NKLU Paul Winkeljohn North Key Largo Utility Corp. 100 Anchor Drive, Suite 505 Key Largo, Florida 33037. VA The effective date of this Contract is January 15, 2003 or upon the signature of all parties. IN WITNESS WHEREOF each party hereto has caused this Agreement to be execute , 1t9,4uly authorized representative. SEAL BOARD OF COUNTY COMMISSIONERS Attest IJANN�'"LKOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (SEAL) Attest: By Title — APPROVED AS TO FORM AND LEGAL SUFFICIENCY ATTORNrVS OFFICE NORTH KEY LARGO UTILITY By CT Title r_a � CD C"1 • C71 ) CD a a 77j Contract p 01/02/03 2:33 PM o EXHIBIT A Contract No. LP0337 Leen Monroe County and the Florida Department of Environmental Protection Appendix A 02/13/03 8:39 AM STATE FINANCIAL ASSISTANCE AGREEMENT MONROE COUNTY DEP AGREEMENT NO. LP0337 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, the address for which is 2600 Blair Stone Road, Tallahassee, Florida 32399 (hereinafter referred to as the "Department') and MONROE COUNTY, the address for which is Gato Building, 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government agency under the laws of the State of Florida, to provide funds for constructing additions to the wastewater collection systems for North Key Largo Utility and for Key West Resort Utility. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Grantee agrees to the completion of all activities set forth in Section C of Attachment A. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than March 31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and the Agreement is amended. The Grantee shall not be eligible for reimbursement for work performed unless the Project Schedule is met. This Agreement shall be amended to provide for disbursement of grant funds identified herein provided that all terms and conditions of this Agreement, including compliance with the Project Schedule, are met and construction of the Project results. This Agreement may be amended one or more times to provide for disbursements for any portion of the Scope of the Project Work outlined in Section B of Attachment A. However all such amendments must be issued before March 31, 2003. 3. In the event that the Agreement is amended as provided in paragraph 2. above, the following disbursement provisions shall apply: A. As consideration for the services rendered by the Grantee, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed S 1,122,408 toward the total Project cost estimate identified in Section A of Attachment A. It is acknowledged that the cost estimate is based on preliminary estimates and requires updating, as appropriate, by the Grantee according to Section C of Attachment A. In no event shall payments to the Grantee exceed 100% of the eligible project costs. B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs after approval of deliverables and acceptance of a properly submitted Payment Request Summary Form The Payment Request Summary Form would be incorporated into this Agreement by amendment. A Professional Engineer shall be responsible for overseeing construction. In addition to the summary form, the Grantee must provide sufficiently itemized invoices for the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person or entity providing the service or performing the work. C. In addition to the invoicing requirements referenced in paragraph 3.B. above, the Department may periodically request proof of a transaction (invoice, etc.) to evaluate the appropriateness of costs pursuant to State guidelines. This information when requested must be provided within 30 calendar days of such request. All bills for amounts due shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. D. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http://www.dbfstate.fLus/aadir/tochandbk.htrni. E. All costs incurred by the Grantee for its own employees in planning, designing, constructing, administering, managing, evaluating, and inspecting the Project are not eligible for reimbursement under this Agreement or any amendment thereof. F. Travel costs are not authorized for reimbursement under this Agreement or any amendment thereof. G. The purchase of non -expendable equipment for use by the Grantee is not authorized under the terms of this Agreement or any amendment thereof. 4. The State of Florida's performance and obligation to pay under this Agreement as amended would be contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 6.A The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. 2 6.B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 7. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 8. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. The Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 9. In addition to the provisions contained in paragraph 8 above, the Grantee shall comply with the applicable audit, monitoring, and record keeping provisions contained in Attachment B. A revised copy of Attachment B, Exhibit-1 shall be provided to the Grantee with each Agreement amendment that affects the information contained therein. A revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment B. If the Grantee fails to receive a revised copy of Exhibit-1, the Grantee shall notify the Department's Grant Manager indicated in this Agreement to request a copy of the updated information. 10. A. The Grantee shall not subcontract, assign, or transfer any construction services or equipment/material procurement work to be funded under this Agreement as amended without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the 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, and that the Grantee shall be solely liable to any subcontractor for all expenses and liabilities incurred under the subcontract. 10.B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Upon request of the Grantee, the Department will furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement and any amendment thereto for the purpose of lobbying the Legislature, the judicial branch or a state agency. 3 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts (by change order if necessary) issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Dick Smith Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245 - 8358 Fax: (850) 245 - 8411 14. The Grantee's Grant Manager for this Agreement is identified below. George Garrett, Director Division of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289 - 2507 Fax: (305) 289 - 2536 15. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project. The Grantee shall require each subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 16. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as may be specifically provided in this Agreement. Alternatively, the Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self- insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 17. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 4 18. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., requirements, etc.). This Agreement does not incorporate such subcontracts, assignments, or transfers as may be approved by the Department pursuant to paragraph 10.A. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that could result in the Grantee's ability to pay for Project work, change the amount of funding under this Agreement, or increase the time for completion of Project work shall require a formal amendment to this Agreement. 19. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 19.B. An entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public works, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 20. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 21. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. 22. Any dispute between the Contractor and the Department involving the adequacy of required submittals/deliverables, including the justification for award of the design/build contract, described in Attachment A, shall be resolved at the lowest organizational level possible. However, final decisions over disputed issues may be made by the Director, Division of Water Resource Management or designee. M IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By.4.. >72 d� �-o Mayor/Chairperson Date: O / - S - D 3 FEID No.: 59-6000749 Atte; M. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Division of Water Resource Management Date: 12 - / 9- 6 z L7. — . List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Attachment Letter/ Description (include number of pages) Number A Project Work Plan (2 Pages) B Audit Requirements (5 Pages) APPROVED AS TO FORM AND LLG,;.LWFFICIENNCY BY Anamey's Office 6 ATTACHMENT A MONROE COUNTY North Key Largo Utility and Key West Resort Utility Wastewater Management Systems A. PROJECT BUDGET INFORMATION PROJECT BUDGET Category of Expenditure DEP Funds Other Funds Total Funding FY 02/03 FY 03/04 FY 04/05 North Key Largo Utility Design $ 0$ 0 $ 0$ 0 $ 0 Construction $ 987,586 $ 0 $ 0 $ 2,912,414 $ 3,900,000 Tech. Services during Construction $ 0 $ 0 $ 0 $ 0 $ 0 Other $ 0 $ 0$ 0$ 0 $ 0 SUBTOAL $ 987,586 $ 0 $ 0 $ 2,912,414 $ 3,900,000 Key West Resort Utility Engineering /Inspection $ 0 $ 0 $ 0 $ 279,000 $ 279,000 Construction $ 134,822 $ 0 $ 0 $ 3,365,178 $ 3,500,000 Contingency $ 0 $ 0 $ 0 $ 380,000 $ 380,000 Administration/Legal $ 0 $ 0 $ 0 $ 347,000 $ 347,000 Testing $ 0 $ 0 $ 0 $ 100,000 $ 100,000 SUBTOTAL $ 134,822 $ 0 $ 0 $ 4,471,178 $ 4,606,000 GRAND TOTAL $1,122,408 $ 0 $ 0 $ 7,383,592 $ 8,506,000 Note: TBIX means To Be Identified by Grantee B. SCOPE OF PROJECT WORK: Sewer extensions are to be constructed for the North Key Largo Utility Corporation and for the Key West Resort Utility, Incorporated. The facilities to be constructed will provide for decommissioning of existing individual on -site wastewater treatment and disposal systems. Wastewater treatment and disposal will be provided at the existing facilities serving each of the two Utilities. C. PROJECT SCHEDULE 1. North Key Largo Utility Completion of Project activities (a) through (e) below shall be accomplished before March 1, 2003 to comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager and shall be sent to the Department's Grant Manager. DEP Agreement LP0337, Attachment A, Page I of 2 (a) Submittal of updated Section A Project Budget Information. (b) Submittal of inter -local agreement for construction of sewers. (c) Certification of availability of the all wastewater collection/transmission system sites, including easements and rights -of -way, including permission to work on private property (submittal to the Department is required). (d) Submittal of plans and specifications as used for advertised competitive bidding. (e) Submittal of recommendation for award to low responsive, responsible bidder. (f) Certification of operability (submittal to the Department is required). 2. Key West Resort Utility Completion of Project activities (a) through (f) below shall be accomplished before March 1, 2003 to comply with statutory requirements. All submittals shall be made by the Recipient's Grant Manager and shall be sent to the Department's Grant Manager. (a) Establishment of rates, fees, and assessments for the revenue generation system to recover capital costs and operation/maintenance costs (submittal to the Department is required). (b) Certification of availability of local share of Project contract costs (submittal to the Department is required). (c) Submittal of a plan for timely decommissioning of existing individual on -site treatment and disposal systems. (d) Certification of availability of the all wastewater collection/transmission system sites, including easements and rights -of -way, including permission to work on private property (submittal to the Department is required). (e) Submittal of plans and specifications as used for advertised competitive bidding. (f) Submittal of recommendation for award to low responsive, responsible bidder. (g) Certification of operability (submittal to the Department is required). DEP Agreement LP0337, Attachment A, Page 2 of 2 ATTACHMENT B SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contractlagreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller 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. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement 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 funds 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 An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, 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. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal funds (i.e., the cost of such an audit must be paid from recipient fiords obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httyWaspe.os.dhlis.eov/cfda. DEP Agreement No. LP0337, Attachment B, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EX IIBTr 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2xd), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the website for the Governor's Office located at littp://suii6.dnis.state.fl.us/fsaa/ for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://NvNvNi.leg.state.fl.us/, Governor's Website http://NNz.li.flgo-%-.coni/, Department of Banking and Finances Website littp://%%-%A-NN.dbfstate.fl.us/aadir/FS.kmildex.htiiil, and the Auditor General's Website htro://sun6.dms. state. fl.us/audcen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) DEP Agreement No. LP0337, Attachment B, Page 2 of 5 PART IV: REPORT SUBNIISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (dXl) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32302-1450 DEP Agreement No. LP0337, Attachment B, Page 3 of 5 4. Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 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, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. LP0337, Attachment B, Page 4 of 5 aoz s r a O 3. w " C G. u� m NQ 'TJ O O Q y � CL a � � n CD rA a C D v o� N h � p�p o-f Q J •�i• p, O 0 N_ CA "17 C � v yNy 6 ft cm N N > C> g g a cc to SD a a g � A b e 0 A a A fA 0 A g. � ITI v s 3 A o +1 C c A a A m C _ � S. 7 .q m 3 H m. V1 O pj• A a "n �• a o a A � '!J C w lC B A w M s A s a � a a g a O � O y' co EXHIBIT B Grant Application Information and Scope of Work Appendix E 01/02/03 2:33 PM Line Item 1765A Fixed Capital Outlay Keys Wastewater Management Plan Implementation Monroe County: North Key Largo Project Activity Outline and Required Documentation A. Executive summary: 1. Proposed facilities and, for wastewater management, performance requirements. Construction of a local collection and transmission vacuum system to serve 266 single family homes currently on septic tanks or cess pits in the Ocean Reef area of North Key Largo. The cost of the Project is approximately $4 million and has been designed, advertised. bid, and a contract awarded pursuant to a Joint Project Agreement between the Florida Keys Aqueduct Authority ("FKAA") and North Key Largo Utility Corp. ("NKLU"). The contract was awarded to United Engineering Corp. with construction commencing on May 1. 2002, and to be completed by December 31, .2002. The vacuum system will be constructed through equipment vendor AirVac Inc., in conjunction with the FKAA's water line replacement project in North Key Largo. Wastewater treatment and disposal service'to be provided b} NKLU tluough its existing .55MGD plant. Grant funding will be used to directly reimburse homeowners for a portion of the Project cost. 2. Procurement approach (design -bid -build vs. design build and negotiated site acquisition vs. condemnation) In conjunction with FKAA's water distribution and transmission replacement program in the Forth Key Largo area, the Authority has entered into an Interlocal Agreement with the wastewater service provider, NKLU, to construct a local collection and transmission system to connect 266 homes to central wastewater service which are currently served by septic tanks or cess pits. The Interlocal Agreement provides that NKLU through its consulting engineer, Boyle Engineering Inc., prepared the design plans and technical specifications for the collection system. The plans and specs were incorporated into the FKAA advertising and bid packages in accordance with FKAA purchasing politics. The contractor, 'United Engineering Corp., was then selected pursuant to those policies. 3. Project sponsor (local government applying for funding) Monroe County 4. Contact person and proiect manager Jim Roberts — Monroe Countv Jack Teague — FKAA Paul Winkeljohn — NKLU 5. Wastewater service area or stormwater drainage area North Key Largo 6. Costs Page 1 of 5 Total project cost of approximately S3,900,000 7. Sources of funds and anticipated amounts Initial funding is $3.900.000 line of credit from Bank of America. N.A. to be repaid by residents receiving service through a collection system charge and plant capacity charge. R. Project implementation plan: 1. Participating organizations and responsibilities Florida Keys Aqueduct Authority — Proiect Manager Monroe County — Grant Funding North Key Largo Utility Corp. — Treatment and disposal service provider 2. Key personnel assigned Jack Teaeue — FKAA Paul Winkeljohn — NKLt. 3. Description of the technical. managerial. financial, and legal services that will be provided by the participating organizations and those that will be provided under "external" service agreements The FKAA provides the following services: Existing aerial and topographic surveys of the Project Area to be used for the water and wastewater system improvements. Include trench compaction. irrigation. telephone and electrical system restoration and temporary pavement restoration in the system improvement design plans. specifications and bid form. Coordinate the design efforts of the engineering firm. One set of design draWi1igs were produced which included water and wastewater contracts and specifications. Water and wastewater improvements were bid separately with the lowest qualified bid as the basis for bid award. Advertise prviect for bids in accordance with FKAA purchasing police. Coordinate a mandatory_ pre -bid conference, receive and open bids. Submit the sewer and irrigation bids to the NKLU for review. Participate. on an equitable pro -rats basis. in the cost of all permanent roadway and landscape restoration for water and wastewater project. Restoration shall include both the street right of way and any private property disturbed . Require the engineer to maintain complete and accurate construction and "As -Built" record drawings and forward two (12) copies of the certified record . NKLUC provides the following services: Pace 2 of 5 Prepare complete design plans and technical specifications and obtain all necessary permits for the installation of sanitary sewerage improvements. inrigauon piping and drainage structures for the project. Review the bids accepted by FKAA, negotiate with the contractor submitting the lowest qualified bid. Participate, on an equitable pro-rata basis, in the cost of all permanent roadway and landscape restoration for each project. Restoration shall include both the street right of way and any private property disturbed as a result of sewer and irrigation line installation. Participate on an equitable basis and pay to the engineering. firm its share of the costs of coordination, construction management. inspection and testing. To coordinate the public information effort to supply advance technical information and schedules to residents and property owners affected by the project. Pay for the costs of construction of the wastewater and irrigation improvements as set forth in the bid documents upon a schedule consistent with contractor's draw schedule of requisition for payment and obtain reimbursement, from benefited property owners. C. Project schedule identifying dates for completing: 1. Planning a. Documentation of masterplan consistency Currently available — Master Plan expressly identified 266 septic tanks and cess pits as part of a County wide program at Appendix F-I -G. b. Revenue generation system (charges, fees, and assessments) for the recovery of capital costs and operation/maimenance costs (including legal authorization such as rule adoption) with explanation of any features for accommodating financially distressed customers Revenue generation system in place with plant capacity charges and collection system cost estimates to be paid by residents up front or over a five year payment schedule. Operation and maintenancc costs will be paid from monthly service rates also currently in place. c. Public notice and public participation in protect decisions 2001 Inter -local Agreement between NKLU and FKAA for joint project participation was approved by the FKAA Board of Directors on April 18, 2001, at which time an opportunity for public cowmen: was provided. On February 16.2001 NKLU held a public meeting for affected homeowners. 2. Procurement of professional services (engineering, surveying. environmental, legal. fiscal, as appropriate) On _May 14. 2001 a contract for engineering services ,vas entered into with Boyle Engineering. Inc. Parc 3 of t On April 18, 2002 an Interlocal Agreement between NKLU and FKAA for joint project participation in the construction of the Project was entered into. On April 30, 2002 a Vacuum Sewer System Agreement was entered into with AirVac. Inc:., for the Project. On April 30, 2002 a construction contract with United Engineering Corp. was entered into for construction of the collection and transmission system. Various subcontractors may be involved in providing project services. 3. Conceptual design (design/build) or detailed design (design -bid -build) Detailed design plans completed. 4. Acquiring sufficient interest in sites - a. Treatment facilities (if any) NKLU owns its treatment plant site. b. Effluent reuse/disposal or stormwater detention/disposal sites Effluent disposal is provided through shallow well injection. . c. injection, pump, or vacuum equipment d. Transmission (including storm sewer or wastewater collection system easements) Vacuum system collection and transmission lines are located in dedicated rights -of -way. Vacuum pump station is located on property owned by NKLU 5. Construction or designibuild procurement: a. Advertisement for bids or request for proposals Completed b. Receipt of bids/proposals Completed c. Completion of bid/proposal evaluation Completed d. Contract execution Completed 6. Permitting activities (Monroe County or other local government. Water Management District. Cures of Engineers. Department of Trar;pot;atian. Department of Environmental Protection. and Department of Health) Completed Paec 4 of 5 7. Other federal agency approvals (Federal Emergency Management Agency and U.S.Environmental Protection Agency) Not applicable 8. Construction a. Notice to proceed Completed b. Initiate construction Completed _ c. Facilities start-up Estimated October 31, 2002 d. Complete construction December 31, 2002 D. Local authorization to execute funding agreement with Department of Environmental Protection Resolution dated June 20, 2002 by Board of County Commissioners, Monroe County authorizing grant funding E. Agreement deliverables l . Quarterly progress reports 2. Documentation of revenue generation system 3. Evidence of public participation 4. Site availability certification 5. Request for proposals or plans and specifications 6. Construction or design/build contract award recommendations 7. Disbursement requests 8. Evidence of collection of fees, charges. and assessments 9. Certification of operability Northkev\07\Keys Requirements Outline Reviscd080902.doc Page 5 of 5