Item B08
Marine Resources
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 January 2000
Division: Growth Management
Bulk Item: Yes X No
Department: Marine Resources
AGENDA ITEM WORDING:
Consideration of a Contract between Monroe County and the Florida Department of Community
Affairs to fund the County's cesspool replacement gfant assistance program
ITEM BACKGROUND:
During the 1999-2000 Florida legislative session, $600,750 was appropriated for unincorporated
Monroe County to assist in funding the replacement of cesspools in the County. The Department
of Health will administer a cesspool replacement grant program on behalf of the state and
County using these funds. This program will begin in January of 2000 with a total available
grant fund of approximately $2.65 million, which will fund the replacement of approximately
300 cesspools.
PREVIOUS RELEVANT BOARD ACTION:
September 1999 - approval to use $1 million in Fund 304 (Infrastructure Tax) for the cesspool
replacement program
October 1999 - FDEP grant agreement for $ 1 million for the cesspool replacement program
November 1999 - Monroe-FDOH Memorandum of Understanding to implement cesspool
replacement program
STAFF RECOMMENDATION:
Approval
TOTAL COST: _FDCA Portion - $600,750_ BUDGETED: Yes
X
No
COST TO COUNTY: _$60,075 Fund 148_
APPROVED BY: County Attorney _X_ OMB/Purcl}asing _X_
I
rowth Management
DEPARTMENT DIRECTOR APPROVAL:
Go
DIVISION DIRECTOR APPROVAL:
Ti
DOCUMENTATION: Included X
To follow _ Not required_
Agenda Item #: ~
DISPOSITION:
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MONROE COUNTY BOARD OF COUNTY COl\-fl\fiSSIONERS
CONTRACT SUMMARY
Contract #
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CONTRACT SUMMARY
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STATE OF FLORIDA
, RECEIVED /~-IS-- q 9
Mayor Shirley Freeman
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
IEB BUSH
Governor
STEVEN M. SEIBERT
Secretary
December 9,1999
RECEIVED
DEe 1 5 1999
MAYOR w.e. HARVEY
Qf~ITh.s
The Honorable Wilhelmina Harvey
Mayor, Monroe County
2798 Overseas Highway
Marathon, Florida 33050
Re: On-Site Treatment and Disposal System (OSTDS) Replacement Grant
Dear Mayor Harvey:
~#
The 1999-00 General Appropriations Act provides for a $600,750 grant to be awarded to
Monroe County to assist in the identification and replacement of illegal and inadequate OSTDS.
Attached are two contracts for funding under this program, with the Scope of Work included as
Attachment A.
Please review these contracts, sign and return them to the Department of Community
Affairs for final execution. The signature of the mayor is required on these contracts, and we
must receive two originals of the contract for completion. Once executed, an original contract
will be returned to you for filing.
If you have any questions, please call Ann Lazar at (850) 487-4545.
Sincerely, ) f)
)~~J'--f -; 1J5~;
Michael McDaniel
Growth Management Administrator
MDM:bf
Attachments
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address: http://www.dca.state.fl.us
flORIDA KEYS
Area of Critical State Concern Field Office
2796 Overseas Highway, Suite 212
Marathon, Florida 33050-2227
GREEN SWAMP
Area of Critical State Concern Field Office
205 East Main Street, Suite 104
Bartow, Florida 33830-4641
Contract Number:
AGREEMENT
THIS AGREEMENT is entered into by and among the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), the State of Florida Department of Health, (hereinafter referred to as the
"Contractor"), and the Monroe County Board of County Commissioners (herein referred to as the
"County").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Contractor and the County represent that they are fully qualified,
possess the requisite skills, knowledge, qualifications and experience to provide the services
identified herein, and offer to perform such services, and
B. WHEREAS, the Department has a need for such services and does hereby accept the
offer of the Contractor and the County upon the terms and conditions hereinafter set forth, and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the
funds under this agreement.
NOW, THEREFORE, the Department, the Contractor and the County do mutually agree
as follows:
(1) SCOPE OF WORK.
The Contractor and the County shall fully perform the obligations in accordance
with the Scope of Work, Attachment A of this agreement.
1
(2) INCORPORATION OF LA WS. RULES. REGULATIONS AND POLICIES.
The Contractor, the County, and the Department shall be governed by applicable
State and Federal laws, rules and regulations.
(3) PERIOD OF AGREEMENT.
This agreement shall begin upon execution by all parties and shall end December
31, 2000, unless terminated earlier in accordance with the provisions of paragraph (8) of this
agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Any party may request modification of the provisions of this agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each
of the parties hereto, and attached to the original of this agreement.
All refunds or repayments to be made to the Department under this agreement are
to be made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(5) RECORDKEEPING
(a) All original records pertinent to this agreement shall be retained by the
Contractor and the County for three years following the date of termination of this agreement or
of submission of the final close-out report, whichever is later, with the following exceptions:
2
1. If any litigation, claim or audit is started before the expiration of the
three year period and extends beyond the three year period, the records will be maintained until
all litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued
at $5,000 or more at the time of acquisition shall be retained for three years after final
disposition.
3. Records relating to real property acquisition shall be retained for three
years after closing of title.
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work -
Attachment A - and all other applicable laws and regulations.
(c) The Contractor and the County, their employees or agents, including all
subcontractors or consultants to be paid from funds provided under this agreement, shall allow
the Department, its employees and agents access to their records at reasonable times.
"Reasonable" shall be construed according to the circumstances but ordinarily shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by the Department.
(6) MONITORING.
The Contractor and the County shall constantly monitor their performance under
this agreement to ensure that time schedules are being met, the Scope of Work is being
accomplished within specified time periods, and other performance goals are being achieved.
3
Such review shall be made for each function or activity set forth in Attachment A to this
agreement.
(7) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Contractor and
the County shall be solely responsible to parties with whom they deal in carrying out the terms of
this agreement, and shall save the Department harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement. For purposes of this
agreement, Contractor and the County agree that they are not employees or agents of the
Department, but are independent contractors.
(b) The Contractor and the County are a state agency and political subdivision, as
defined in Section 768.28, Fla. Stat. The Contractor and the County agree to be fully responsible
for negligent acts or omissions or tortious acts of their agency, employees and subcontractors
which result in claims or suits against the Department, and agree to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by the Contractor, the County or the Department for any claims to which
sovereign immunity applies. 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 matter arising out of any
contract.
(8) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of
action by the Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the
4
part of the Department to make any further payment of funds hereunder shall, if the Department
so elects, terminate and the Department may, at its option, exercise any of its remedies set forth
herein, but the Department may make any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such remedies as to other
payments or claims, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Contractor and the
County in this agreement or any previous agreement with the Department shall at any time be
false or misleading in any respect, or if the Contractor or the County shall fail to keep, observe or
perform any of the terms or covenants contained in this agreement or any previous agreement
with the Department and has not cured such in timely fashion, or is unable or unwilling to meet
their obligations thereunder;
2. If any material adverse change shall occur in the financial condition of
the Contractor or the County at any time during the term of this agreement from the financial
condition revealed in any reports filed or to be filed with the Department, and the Contractor or
the County fails to cure said material adverse change within thirty (30) days from the date written
notice is sent by the Department.
3. If any reports required by this agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Contractor or the County has failed to perform and complete in a
timely fashion any of the services required under the Scope of Work attached hereto as
Attachment A.
5
(b) Upon the happening of an Event of Default, the Department may, at its
option, upon written notice to the Contractor or the County and upon the failure of the Contractor
or the County to timely cure, exercise anyone or more of the following remedies, either
concurrently or consecutively, and the pursuit of any one of the following remedies shall not
preclude the Department from pursuing any other remedies contained herein or otherwise
provided by law or in equity:
1. Terminate this agreement, provided that the Contractor or the County is
given at least thirty (30) days prior written notice of such termination. The notice shall be
effective when placed in the United States mail, first class mail, postage prepaid, by registered or
certified mail, return receipt requested, to the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions, to include but not be
limited to, requesting additional information from the Contractor or the County to determine the
reasons for or the extent of non-compliance or lack of performance, issuing a written warning to
advise that more serious measures may be taken if the situation is not corrected, advising the
Contractor or the County to suspend, discontinue or refrain from incurring costs for any activities
in question or requiring the Contractor or the County to reimburse the Department for the amount
of costs incurred for any items determined to be ineligible;
6
5. Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to,
misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to
perform in a timely manner; and refusal by the Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as
amended.
(d) Suspension or termination constitutes final agency action under Chapter 120,
Fla. Stat., as amended. Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The Contractor and the County shall return funds to the Department if the
Department finds one or both in non-compliance with laws, rules, or regulations governing the
use of the funds or this agreement.
(f) The Contractor and the County shall have the right to terminate this agreement
without cause provided that the Department is given thirty (30) calender days prior written notice
of such termination. The Contractor and the County shall provide an opportunity for consultation
with the other parties to this agreement regarding the reason(s) for termination.
(g) Notwithstanding the above, the Contractor or the County shall not be relieved
of liability to the Department by virtue of any breach of agreement by the Contractor or the
County. The Department may, to the extent authorized by law, withhold any payments to the
7
Contractor or the County for the purpose of set-off until such time as the exact amount of
damages due the Department from the Contractor or the County is determined.
(h) The Department of Community Affairs reserves the right to unilaterally
cancel this agreement for refusal by the Contractor or the County to allow public access to all
documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat.,
and made or received by the Contractor or the County in conjunction with this agreement.
(9) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to the representative
identified below at the address set forth below and said notification attached to the original of
this agreement.
(b) The name and address of the Department contract manager for this agreement
IS:
Mike McDaniel
Growth Management Administrator
Room 300D
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 487-4545
(c) The name and address of the Representative of the Contractor responsible for
the administration of this agreement is:
Stephanie Walters
Monroe County Health Department Administrator
Post Office Box 6193
Key West, Florida 33041
(305) 292-6894
8
(d) The name and address of the Representative of the County responsible for the
administration of this agreement is:
George Garrett, Director of Marine Resources
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
(305) 289-2507
(e) In the event that different representatives or addresses are designated by either
party after execution of this agreement, notice of the name, title and address of the new
representative will be provided as set forth above.
(10) OTHER PROVISIONS.
(a) The validity ofthis agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Contractor and the
County in this agreement, in any subsequent submission or response to Department request, or in
any submission or response to fulfill the requirements of this agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of the Department and with thirty (30) days written notice to
the Contractor or the County, cause the termination of this agreement and the release of the
Department from all its obligations to the Contractor and the County.
(b) This agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this agreement shall lie in Leon County. If ~y provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this agreement.
9
(c) No waiver by the Department of any right or remedy granted hereunder or
failure to insist on strict performance by the Contractor or the County shall affect or extend or act
as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent
exercise of the same right or remedy by the Department for any further or subsequent default by
the Contractor or the County. Any power of approval or disapproval granted to the Department
under the terms of this agreement shall survive the terms and life of this agreement.
(d) The agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Contractor and the County agree to comply with the Americans With
Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), if applicable, which
prohibits discrimination by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, state and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a 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 submit bids on leases of
real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
10
(11) AUDIT REQUIREMENTS.
(a) The Contractor and the County agree to maintain financial procedures and
support documents in accordance with generally accepted accounting principles to account for
the receipt and expenditure of funds under this agreement.
(b) Financial records shall be available at all reasonable times for inspection,
review, or audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Contractor and the County shall also provide the Department with such
records, reports or financial statements upon request for the purposes of auditing and monitoring
the funds awarded under this agreement.
(d) The Contractor and the County shall provide the Department with an annual
financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and
Rules 10.550 and 10.600, Rules of the Auditor General. If the contract amount is $300,000 or
more, then the Contractor and the County shall also provide the Department with an annual
financial audit report which meets the requirements of the Single Audit Act of 1984,31 U.S.C.
ss. 7501-7507, OMB Circular A-B3 for the purposes of auditing and monitoring the funds
awarded under this agreement.
1. The annual financial audit report shall include all management letters
and the response of the Contractor and the County to all findings, including corrective actions to
be taken.
11
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all agreements and other revenue by sponsoring agency and
agreement number.
3. The complete financial audit report, including all items specified in
(11)(d) 1 and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this agreement, the
Contractor and the County, as appropriate, shall be held liable for reimbursement to the
Department of all funds not spent in accordance with these applicable regulations and agreement
provisions within thirty (30) days after the Department has notified the Contractor or the County
of such non-compliance.
(f) The Contractor and the County shall retain all financial records, supporting
documents, statistical records, and any other documents pertinent to this contract for a period of
three years after the date of submission of the final expenditures report. However, if litigation or
an audit has been initiated prior to the expiration of the three-year period, the records shall be
retained until the litigation or audit findings have been resolved.
(g) The Recipient shall have all audits completed by an independent certified
public accountant (IP A) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complies with the
applicable provisions noted above.
12
(h) The audit is due seven (7) months after the end of the fiscal year of Contractor
and the County or by the date the audit report is issued by the state Auditor General, whichever is
later.
(i) An audit performed by the State Auditor General shall be deemed to satisfy
the above audit requirements.
(12) SUBCONTRACTS.
( a) If the Contractor or the County subcontracts any or all of the work required
under this agreement, a copy of the executed subcontract must be forwarded to the Department
within thirty (30) days after execution of the subcontract. The Contractor and the County agree
to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal
laws and regulations, and (ii) the subcontractor shall hold the Department, the Contractor and the
County harmless against all claims of whatever nature arising out ofthe subcontractor's
performance of work under this agreement, to the extent allowed and required by law.
(b) The Department shall grant consent to the Contractor and the County to enter
into subagreements with, or to issue work orders to, third parties for eliminating illegal and
inadequate On-Site Treatment and Disposal Systems (OSTDS) and furnishing/installing On-site
Wastewater Nutrient Removal Systems (OWNRS) on privately owned single or multi-family
residential property provided that the Contractor establishes satisfactory procurement procedures
, addressed in Attachment A and elsewhere in this agreement.
(13) ENTIRE AGREEMENT.
This agreement contains all the terms and conditions agreed upon by the parties.
13
(14) ATTACHMENTS.
(a) All attachments to this agreement are incorporated as if set o~t fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency.
(c) This agreement has the following attachments:
Attachment A, Scope of Work
(15) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement agreement. The Contractor and County shall be
reimbursed for costs incurred in the satisfactory performance of work hereunder in a total amount
not to exceed $600,750, subject to the availability of funds.
(16) STANDARD CONDITIONS.
The Contractor and the County agree to be bound by the following standard
conditions:
(a) The State of Florida's performance and obligation to pay under this agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this agreement, the agreement may be renewed on
a yearly basis for a period of up to two (2) years after the initial agreement or for a period no
longer than the term of the original agreement, whichever period is longer, specifying the terms
under which the cost may change as determined in the invitation to bid, request for proposals, or
pertinent statutes or regulations.
14
(c) All bills for fees or other compensation for services or expenses shall be
submitted to the Department in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this agreement, all bills for any travel expenses
shall be submitted in accordance with s. 112.061, Fla. Stat.
(e) If the Contractor and the County are allowed to temporarily invest any
advances of funds under this agreement, any interest income shall either be returned to the
Department or be applied against the Department's obligation to pay the contract amount.
(f) The State of Florida will not intentionally award publicly-funded contracts to
any contractor who knowingly employs unauthorized alien workers, constituting a violation of
the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the employment by
any the Contractor or the County of unauthorized aliens a violation of Section 274A(e) of the
INA. Such violation by the Contractor or the County of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this agreement by the
Department.
(17) STATE LOBBYING PROHIBITION. No funds or other resources received from
the Department in connection with this agreement may be used directly or indirectly to influence
legislation or any other official action by the Florida Legislature or any state agency.
(18) LEGAL AUTHORIZATION.
The parties certify with respect to this agreement that they possess the legal
authority to receive the funds to be provided under this agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance of this
15
agreement with all covenants and assurances contained herein. The parties also certify that their
undersigned representatives possess the authority to legally execute and bind the parties to the
terms of this agreement.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to
vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and
acceptance of goods and/or services provided in accordance with the terms and conditions of the
agreement. Failure to issue the warrant within 40 days shall result in the Department paying
interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall
be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the
State Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their undersigned officials as duly authorized.
STATE OF FLORIDA
DEPARTMENT OF HEALTH
Approved as to form and legality:
BY:
Jtob(;(t- "BV-DO KG, Secretary ~
Date:
16
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
BY:
Sh:irl5 Wtl:m4nJ Mayor
*
Date:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Steven M. Seibert, Secretary
Date:
17
Approved as to form and legality:
~
ATTEST:
'ci~n+~' C\~~ -b-P
Approved as to form and legality:
ATTACHMENT A
Scope of Work
1. The County shall provide services, pursuant to Item 5.A below, and the Contractor shall
provide services, pursuant to Item 5.B below, to achieve the objectives ofthis agreement
in compliance with the following:
A. Rule 28-20.100 of the Florida Administrative Code, as amended.
2. The Contractor shall establish the following relating to assistance to both single family
and multi-family, private residential property owners in Monroe County in eliminating
illegal and inadequate On-Site Treatment and Disposal Systems (OSTDS):
A. Procedures for the selection of property owners to receive financial assistance via
the Contractor under this agreement.
B. The amount of financial assistance to be given to property owners under this
agreement, by the Contractor, in eliminating illegal and inadequate OSTDS. The
assistance shall be comparable with the level of financial assistance estimated, at
the time of the Department's acceptance of the initial report under Item 6.A
below, to be realized by the residents of the Little Venice area to be served by
centralized wastewater transmission, treatment and disposal facilities resulting
from the U.S. Environmental Protection Agency Grant CI20602-04.
3. The Contractor shall implement a properly value-based sliding scale grant assistance
program, using the County's funds, to supplement the assistance made available under the
agreement to Monroe County private property owners for eliminating illegal and
inadequate OSTDS if the County finds such additional assistance is desirable to carry out
the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale
grant program would emphasize assistance to financially needy households.
4. The Contractor shall establish procedures for procurement of equipment, materials and
services relating to elimination of illegal and inadequate OSTDS and replacement with
On-site Wastewater Nutrient Removal Systems (OWNRS), the funding of which is
wholly or partly provided under this agreement. Procurement procedures shall assure that
only OWNRS meeting the statutorily required treatment levels are furnished and installed
using funds made available under this agreement. The Department recognizes the
Contractor's regulatory determination in the issuance of the construction permit and the
issuance of the operating permit to ensure that the installed OSTDS eliminates the illegal
and inadequate OSTDS. Alternatively, procurement procedures may allow for
18
replacement of illegal and inadequate OSTDS with centralized wastewater transmission,
treatment and disposal facilities.
Procurement procedures shall not arbitrarily preclude responsible firms and companies
possessing the ability to successfully perform services related to elimination of illegal and
inadequate OSTDS and meeting other requirements pursuant to this agreement from
providing such services. In conjunction with these procedures, a standardized
sub agreement or work order authorizing specific costs to be incurred by third parties and
incorporating appropriate requirements set forth in this agreement shall be developed;
similarly, standardized documentation of costs incurred or invoiced by third parties shall
be developed.
5. As consideration for the services to be rendered under the terms of this agreement, the
Department shall authorize disbursements as described below.
A. The Contractor requires total compensation from the County not to exceed the
amounts identified below for contract management expenses incurred by
Contractor's employees in fulfilling Contractor's responsibilities relating to the
elimination of illegal and inadequate OSTDS. No funds made available under this
agreement shall be used for contract management expenses that may be incurred
by the Contractor or the County. The Department shall have no responsibility to
ensure that such expenses are recovered.
B. An amount not to exceed $600,750 shall be made available to the County as the
State's share of the eligible cost to eliminate illegal and inadequate OSTDS
located on privately owned residential properties classified as either single family
or multi-family residential properties. Eligible costs include abandonment of
illegal and inadequate OSTDS; furnishing and installing OWNRS, including any
required disinfection facilities; providing centralized wastewater transmission,
treatment and disposal facilities; and required technical services excepting those
required to be performed by a governmental entity (e.g., Contractor's permitting
activities). Reimbursement for the purchase of equipment and materials for the
furnishing and installing of OWNRS on private property is specifically
authorized. Such equipment and materials may be retained by property owners
provided the equipment is to be properly operated and maintained. The
Contractor shall retain the documentation listed below for each illegal and
inadequate OSTDS eliminated using funds made available under this agreement.
1. Identification of each property location, including the individual area
designated in the County's Rate of Growth Ordinance, at which an illegal
and inadequate OSTDS was eliminated.
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11. Description of each OWNRS or the connection to centralized wastewater
transmission, treatment and disposal facilities provided as part of the
illegal and inadequate OSTDS elimination.
111. For each property location under Item i above, the identification of the
brand name or manufacturer of the OWNRS furnished; the name of the
contractor that installed the OWNRS or that made the connection to
centralized wastewater transmission, treatment and disposal facilities; and
the engineer responsible for preparation of construction drawings and
specifications.
IV. Certification by the appropriate permitting authority that the OWNRS is
designed to meet the required treatment levels was furnished, and was
installed and made operational or that the connection to centralized
wastewater transmission, treatment and disposal facilities was made.
v. Identification of the total cost of each operational OWNRS or connection
to centralized wastewater transmission, treatment and disposal facilities;
the share due under this agreement; the share of the cost paid from the
County funds (if any); and the local resident's share.
VI. Certification of no double benefits (i.e., no part of the costs invoiced for
disbursement by the Department under this agreement has been or will be
requested to be paid, reimbursed, or otherwise funded by another agency).
V11. Certification that the initial report under Item 6.A below and all quarterly
reports due under Items 6.C and 6.D below have been submitted to the
Department.
V111. Certification by the owner of the property on which an OWNRS was
installed that the OWNRS will be properly operated and maintained on a
continuing basis.
C. Neither the Contractor nor the County shall use State funds made available under
this agreement for direct salaries and multipliers (i.e., fringe benefits, overhead,
and/or general and administrative rates) for its employees or for any of its
employees' travel expenses.
1. The Contractor or the County, as appropriate, shall submit, or cause to be submitted,
deliverables to the Department. The Department shall have twenty (20) days to review
and accept reports or return reports to the Contractor or County, as appropriate, for
correction. The deliverables are as follows:
20
. '
A. An initial report (ten copies) to be submitted to the Department no later than
January 31, 2000, documenting the following:
1. The selection procedures and the assistance level determination under Item
2 above.
11. The details of any sliding-scale grant program proposed under Item 3
above.
lll. A description of the procurement procedures required under Item 4 above.
B. Progress reports from the Contractor and the County for the calendar year
quarterly periods ending September 30, December 31, March 31, and June 30 of
each year beginning January 1,2000, and continuing throughout the remainder of
the period during which this agreement is in effect. Progress reports shall be
submitted to the Department within twenty (20) days after the end of the period
and shall contain the following information relating to the elimination of illegal
and inadequate OSTDS.
1. The number of OSTDS eliminated and their location indicating, at a
minimum, the County's Rate ofOrowth Ordinance (ROOO) area and a
description of either the OWNRS installed or the connection to centralized
wastewater transmission, treatment and disposal facilities.
11. The number and status ofOSTDS for which elimination is underway.
111. The projected schedule to complete all project work under this agreement.
IV. The funds expended during the reporting period and the funds remaining
to be disbursed for OSTDS elimination under this agreement.
C. A completion report (ten copies) from both the Contractor and the County to be
received by the Department no later than December 31, 2000, summarizing the
quarterly reports prepared by each party.
21
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#B-8
MEMORANDUM
TO: Board of County Commissioners
FROM: Timothy J. McGarry, AICP
Director of Growth Management
DATE: January 20,2000
SUBJECT: DCAlDOH/County Contract Revisions
1. Based on DCA and DOH final negotiations, the following language needs
to be inserted after Item 5.A. on page 19 of Attachment A, Scope of Work:
I. $60,075 for the implementation and administration of
financial assistance using the funds provided under this
Agreement pursuant to Attachment A, Item 5.B.
II. Ten percent of any separate and supplemental funds
provided by the County under Attachment A, Item 3 for
implementation and administration of sliding scale financial
assistance.
2. In addition, the typographical error on page 20 needs to be corrected. At
the bottom of the page, Item 1 should be numbered Item 6.
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