Item B5
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PLA1\N JNG DEPT.
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Marine Resources
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 Mav 2000
Division: Growth ManaDement
Bulk Item: Yes_X_ No
Department: Marine ResoW'Ce5
AGENDA ITEM WORDING:
Reconsideration of the Contract between Monroe County and the Florida Department of
Community Affairs to fund the County's cesspool replacement grant 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 began in January of 2000 with a total available grant
fund of approximately $2.65 million. The money will fund the replacement of approximately
300 cesspools. Since the initial approval of this contract in January, the Department of Health
deemed several revisions important to the implementation of the grant program. This contract
reflects those revisions.
PREVIOUS RELEVANT BOARD ACfION:
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
January 2000 - Previous contract approval.
STAFF RECOMMENDA nON:
APProval
TOTAL COST: FDCA Portion - $600,750 BUDGETED: Yes X No
- - --
COST TO COUNTY: $60,075 Fund 148
- -
APPROVED BY: County Attorney _X_ OMBIP
DEPARTMENT DIRECfOR APPROVAL:
Management
DMSION DIRECI'OR APPROVAL:
Timothy McGarry I
DOCUMENTATION: Included
To follow ~ Not required_
Agenda Item II: d - R 5
DIsPOsmON:
BCOOO5\ O.doc
04I27JQO 1:44 PM
U5110;OU 1] :04 FAX 2892536 PLANNING DEPT.
9-02-1 ~j95 5, 1 3PH FRO,l MAR I!\IE PRO.JECTS 295 431 7
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P.2
MONROE COtJN1Y BOARD OF COUNTY COMl\USSIONERS
I
CONTRACT SUMMARY
on etl
Contract with: ~u.l jl~ f*"'\t:s. Effective Dale: S"1161 ~
~ Date:.DJ.1l!=
Comm:t~: (I, ~ 1- f^'" 0'- ., _:~~ J
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COntt3et Manager:_~~ ~~
ame)
2~e:?- -H ~ ~ e....L...h~, ~
(Exl.) (Oepanmem)
Agenda Deadline: _1_'
for BOCC meeting on __:/ _,.
Total Dollar Value of Comract: $
Budgeted? Yes ~No---":"
Grant: $~~ ~o
County M rch: ~ ~'O~
EstiJ:nDf'ed Ongoq Costs: $
(Not blclUCled in dollar value above)
CONTRACT REVIEW
Chmges
Date In ~:<': ~~ Re~
Division Dl=tor SJ!.!!J.92 ( ) (-r ( ~~Vt 1
Risk Management ~.-' ..i.l/..oo ( ) (;{ ~
O.M.B./Purc-J1asing ~/..t16JQ ( ) ~ ~~
County Attorney t;/.::Jc./ ~ ( ) (IQ -\;::?-~ ~ a ~ .
CommentS:
Dare Out
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OMB Form ReYlIed 8/30195 MCP tl
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Contract Number:
AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Departmanr'), and the Monroe County Board of County Commissioners, (hereinafter referred to as the
"Recipient")
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS:
A, WHEREAS, the Recipient represents that it is fUlly qualified. possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified hereln, and does offer to
perform such services, and
B. WHEREAS. the Department has a need for such services and does hereby accept the offer
of the Recipient upon the terms and conditions h~reinafter set forth, and
C. VVHEREAS, the Department has authority pursuant to Florida law to disburse the funds
Under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient 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 both parties and shall end
December 31, 2000, unless terminated earlier in accordance with the provisions of paragraph (8) of this
Agreement.
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(4) MODIFICATION OF CONTRACT: REPAYMENTS
Either party may request modification af 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 attaohed to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement ara to be
made payable to the order of "Department of Community Affairsu, 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) RECORD KEEPING
(a) If applicable, Recipient's performance under this Agreement shall be subject to the
federal .Common Rule: UnifonTI Administrative Requirements for State and Local Governments" (53
Fedef"<;ll Register 8034) or OMS Circular No. A-110. "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A..a7, "Cost
Principles for State and Local Governments." OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No, A-122, "Cost Principles for Nonprofit Organizations," If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be .
subject to Federal AcqUisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Agreement shall be retained by the Recipientror
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:
1, Ifany 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,
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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,
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Budgatand Scope Qf
Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultalits
to be paid from funds provided under this Agreement, shall allow access to jts records at reasonable
times to the Department, its employees, and agents, "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 Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules a.re being met, the Scope of Work is being accomplished within specified time
periOds, and other performance goals are being achieved. 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 Recipient shall be
sOlely responsible to parties with whOm it shall deal in carrying out the terms of this agreement, and shall
save the Department hamlless against all claims of whatever nature by third parties ~rising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees tha~ it is
not an employee or agent of the Department. but is an independent contra.ctor.
(b) Any Recipient who is a state agency at Sllbdivision, as defined in Section 768.28,
Fla, Stat, agrees to be fully responsible for Its negligent acts or omissions or tortious acts which result in
claims or 8ults,against the Department, and agrees to be liable for any damages proximately caused by
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said acts or omissions. Nothing herein is Intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign Immunity applies. Nothing herein shall be construed as consent by a state
agency or subdivision ofthe 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 agreernent 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 part of the Department to make
any further payment of funds ,hereunder shall, if the Department so elects, terminate and the Department
may, at its option, exercise any of its remedies set forth herein, but the Department may make any
payments or parts of payments after the happening of any Events of Default without thereby waiving the
right to exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient In this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, o'r if
the Recipient shall fall to keep, observe or perform any of the terms or covenants contained in this.
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the,
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice Is sent by the Department.
3. Ifany reports required by this Agreement have not been submitted to the
Department or have been submitted with Incorrect. Incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fa$hion any of
the services required under the Scope of Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise anyone or
4
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more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the
following remedies shall not preclude the Department from pursuing any other remedies contained
herein or ?therwvise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least tl1irty
(30) days prior written notice of such termination. The notice shall be effective when placed in the.
United States mail, first class mall, postage prepaid, by registered or certified mail-return receipt
requested, to the address set forth in paragraph (9) herein:
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
3. Withhold or suspend payment of alt or any part of a request for payment;
4. Exercise any COrrective or remedial actions, to include but not be limited to,
requesting additional Infolll1ation from the ReCipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken If the situation is not corrected, advising the ReCipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for
the amount of costs incurred for any items determined to be ineligible;
5_ Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall Include, but not be limited to, misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to perfolll1 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, FL
Stat., as amended. Notification of suspension Or termination shall include notice of administrative
hearing rights and time frames_
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(e) The Recipient shall return fl.lnds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(t) This Agreement may be terminated by the written mutual consent of the parties.
(9) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may I to the extent
authorized by law, withhold any payments to the Recipient for purpose of set~off until such time as th(l,
exact amount of damages Clue the Department from the Recipient is determined.
(9) NOTICEAND CONTACT.
(a) AU 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 3000
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 4874545
(0) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
George Garrett
Director of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
(305) 289-2507
(d) In the event that different representatives or addresses are designated by elthE!r
party after execution of this Agreement, notice of the name, title and address Of the new representative
will be rendered as provided in (9)(a) above.
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(10) OTHER PROVISIONS.
(a) The validity of this Agreement Is subject to the truth and accuracy of al/ the
information. representations, and materials submitted or provided by the Recipient in this Agreement, h,
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, repre$entatlons, and materials are
Incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie In Leon County. If any provision hereof i$ in conflict
with any applicable statute orrule, or isoth@rwise unenforceable, then such provision shall be deemed.
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the sUbsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. 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 as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of whioh
,
may be taken as an original.
(e). The Recipi@nt agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U,S.C. Section 12101 etseq.}, if applicable, which prohibits discrimination by publicaod
private entities on the basis of disability in the areas of employment, public accommodations.
transportation. State and local government services, and in telecommunications.
I
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(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
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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 B contractor, supplier. subcontraotor, 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 dale Of being placed on the convicted vendor list
(11) AUDIT REQUIREMENTS,
(a) The Recipient agrees 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) These 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 Recipient shall also provide the Department with th~ recordfj. reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) The Recipl~nt shall provide the Department with an annual financial audit report
which meets the requirements of Sections 11.45 and 216.349, Fla. Stat.. and Chapter 10.550 and
10.600, Rules of thfJ Auditor General. If khe contract amount is $300,000 or more, then the Recipient
shall also provide the Department with an annual financial audit report which meets the requirements of
the Single Audit Act of 1984,31 U.8.C. S5. 7501-7507, OMB Circular A-133 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
Recipient's re~ponse to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring a9.sncy and
Agreement number.
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3. The complete financial audit report, Including all items specified In (11)(d) 1
aM2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit S~rvices
2555 Shumar<t 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 Recipient 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 Recipient of such non..compllance.
(f) The Recipient shall retain aU 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 e?q>enditures 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 (IPA) who shall either be a certified public accountant or a public accountant licersed under
Chapter 473, Eli;!. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(h) The audit is due seven (7) months after the end of the fiscal year of ReClpientor 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)'lf the Recipient 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 Recipient agrees to include in the subcontract that(i) the
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subcontractor is bound by all applicable state and federal laws and regulations, and (II) the subcontractor
shaH. hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(13) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the partieS.
(14) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out 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 1;lttachments shall be controlling, but only
to the extent of such conflict or inconsistency_
(0) This Agreement has the following attachments:
Attachment A, Soope of Work
(15) EUNDING/CONSIDERATION
This is a fixed fee agreement. As consideration for performance of work rendered under
this Agreement, the Department agrees to pay a fixed fee of up to $600,750. Payment will be made in
accordance to Attachment A, Scope of Work, Item 6(A).
(16) STANDARD CONDITIONS.
The Recipient agrees 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, ria. Stat. or the Florida Constitution.
(b) Ifotherwiseallowed under this Agreement, the Agreement may be renewed on ~
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 originsl agreement, Whichever period is langer, specifying the terms under which the cost
may change as determined In the invitation to bid, request for proposals, or pertinent statutes or
regUlations.
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(C) All bills for fees or other compensation for services or expenses shall be submitted
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) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient 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 Recipient in
conjunction with "this Agreement.
(f) .If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be retumed to the Department or be applied against the
Department's obligation to pay the contract amount.
(9) 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 a U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the
employment provisions contained in Section 274A(e) of the lNA 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 ~sed directly or indirectly to influence legiSlation or any other offi.cial action by the .
Florida Legislature or any state agency.
(18) LEGAL AUTHORIZATION.
The Recipient Certifies with respect to this Agreement that It possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, Its governing
body has authoriz~, by resolution. or otherwise, the execution and acceptance of this Agreement with all
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covenants and assufC!nces contained herein. The ReCipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient 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 isooe
the warrant within 40 days shall result in the Department paying interest at a rate as established
pursuant to Section 5503(1) F'~, 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) 488-2924.01" by calling the State
Comptroll~r's Hotline at 1-800-848-3792.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their undersigned officials as duly authorized.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Approved as to form. and legality:
BY:
Shirley Freeman, Mayor
<<~A ~~
ATTEST:
Date:
City Clerk
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
ApprOVed as to form and legality:
BY:
Steven M. Seibert, Secretary
Date:
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ATTACHMENT A
Scope of Work
1. The Recipient shall provide services and provide payment as described in this. Scope of Work; 'to
achieve the objectives of this agreement in compliance with the following: .
A. Rule 28-20.100 of the Florida Administrative Code, as amended.
2. The Recipient 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 agreemEilot;
by the Contractor, in eliminating illegal and inadequate OSTDS. The assistance shall.be
cOmparable with the level of financial assistance estimated, aUhe 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 C 120602.04.
3. The Recipient shaJI implement a property value-based sliding scale grant assililtance program,
using the County's funds. to supplement the assistance made available under the agreement to
Montoe County private property owners for eliminating illegal and Inadequate OSTDS if the
County finds suchadditionat assistance is desirable to carry out the purposes of Rule 28-20.100
of the FlOrida Administrative Code. Such a sliding scale grant program must emphasize
assistance to financially needy households.
4. The Recipient shall establish procedures for procurement of equipment. materials and services.
relating to elimination of illegal and inadequate OSTDS and replacement with On~iteWastew~ter
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 statutorJly
required treatment levels are furnished and installed using funds made available u.i1d~r this ,
agreement. The Department recognizes the Contractor's regulatory determlnatlon.n the IssuanCe
of th~ oonstruotion permit and the issuance of the operating. permit to enSure that the installed,
OSTDS eliminates the Illegal and Inad~quate OSTDS. Alternatively; procurement procedures
may al.low for replacement of illegal and inadequate OSTDS with centralized wastewater
transmission, treatment and disposal facilities.
Procurement procedures shall not arbitrarily preclude responsible fil1T1s and companies
possessing the ability to sucoessfully perform services related to eHminationof illegal and
Inadequate OSTDS and meeting other requirements pursuant to this agreement from providing
such services. In conjunction with these procedures, a standardjzed subagre&ment 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.
14
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Fa:.: : ::;5,04::;:::33CI'~'
1"1031:1 :; '::'I=IOCI CIS :47
P.20
B. The Recipient shall not use State funds made avai,.,ble under this agreement for direct
salaries and multJplters (Le., fringe benefits, overhead, and/or general and administrative
rates) for its employees or for any of its employees' travel expenses. No lun'dsmade"
available under this agreement shall be used for contract management expenSes that
may be incurred by the Recipient or Florida Department of Health.
6. The Recipient shall submit, orcause to be submitted, deliverables to the Department The
Department shall have twenty (20) days to review and accept reports or return reports to the
Co.ntractor or County, as appropriate. for correction. The dellverables are as follows:
A. An initial report (ten copies) to be Submitted to the Department no later than June 30,
2000, documenting the following:
i. The selection procedures and the assistance level determination under
Item 2 above.
ii, The details of any sliding-scale grant program proposed under Item 3
above.
iii. A description of the procurement procedures required under Item 4
above.
The Department shall pay $600,750 to the Reoipient following the
Department's receipt, review, and acceptance of the initial report no later
than June 30, 2000.
B, Progress reports from the Recipient, as appropriate. for the calendar year qUi3lrterly
periods ending September 3D, December 31. March 31, and June 30 of each year
beginning Januaty 1, 2000, and continuing throughout the re~inderof the period during
which this agreement is in effect. Progress reports shall be 5ubmittedto the. Department
within twenty (20) days afterthe end of the period and shall contaIn the following
information relating to the elimination of illegal and inadequate OSTDS.
i. The number of OSTDS eliminated and their location indicating, at
a minimum, the County~s Rate of Growth OrdinanCe (ROGO)
area and a description of either the OWNRS installed or the
connection to centralized wastewater transmission, treatment
and disposal facilities.
Ii. The number and status of OSTDS for which elimination is
underway.
iii. 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 the Recipient to be received' by the Depa\rtmentno
later than December 31,2000, summarizing the quarterJy'reports prepared by each partY.
16
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