Item B05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
October 19,2000
X No
Division: Growth Management
Department: N/ A
AGENDA ITEM WORDING: Approval of contract between Monroe County and the Florida Department of Community
Affairs for funding: (1) an additional $624,850 for the Homeowners Wastewater Financial Assistance Program; (2) $175,000 for
the preparation ofa comprehensive master plan for improvement of water quality in residential canals; and, (3) $87,950 for the
preparation of a post-disaster redevelopment plan,
ITEM BACKGROUND: The Florida Department of Community Affairs (DCA) has made available to Monroe County a
grant in the amount of $887,800 to provide additional funds for the County's Homeowners Wastewater Financial Assistance
Program (Cesspool replacement) and the preparation of the following two plans to meet objectives of the Year 2010 Monroe
County Comprehensive Plan: a comprehensive master plan for the improvement of water quality in residential canals
(Objectives 202.14 and 202.15); and, a post-disaster redevelopment plan (Objective 217,2).
A grant of $624,850 will supplement available funds for the Homeowners Wasterwater Financial Assistance Program, which
will augment the following existing budgeted funds: $700,750 from DCA; $850,000 from the Florida Department of
Environmental Protection; and $1.20 million in County funds from the infrastructure tax (Fund 304) and municipal service
special taxing district (Fund 148), The use ofthese funds will be governed by the Memorandum of Understanding between the
Florida Department of Health and Monroe County, which will need to be amended to reflect the increase in funding. The
County will provide 10 percent ($62,485) of the grant amount to cover administration costs. This amount is already budgeted as
part of the County's $1.20 million in funds.
The comprehensive master plan for improvement of water quality in residential canals, which is to be prepared by a consultant,
will: inventory all residential canal systems; evaluate methods to improve water quality, including costs, feasibility, and water
quality impacts; provide a ranking of all open canal systems based on this evaluation; provide for a demonstration project on a
canal system that was recently unplugged (Sunset Acres - Key Largo) to determine if water quality has improved and the
impacts on adjacent surface waters; and provide a comprehensive evaluation of all factors that must be considered before
determining the feasibility of removing the plug of any currently plugged system.
The post-disaster development plan, which will be prepared by a consultant, will specify procedures for implementing programs
for immediate repair, replacement, and cleanup, and long-term rebuilding and redevelopment after a natural disaster and specify
guidelines form the post-disaster redevelopment for incorporation as amendments to the Comprehensive Plan,
PREVIOUS RELEVANT BOARD ACTION: Approval of various contracts for grants to fund the Homeowners
Wasterwater Financial Assistance Program (cesspool replacement grant program) beginning in September 1997,
STAFF RECOMMENDATION: Approval
TOTAL COST: $950,285
BUDGETED: Yes X No
$62,485
COST TO COUNTY:
APPROVED BY: County Attorney
X
OMB/Purchasing
X
Risk Management
X
DIVISION DIRECTOR APPROVAL:
Ti
. e tor of Growth Management
x
To follow
DOCUMENTATION: Included
Not required
DISPOSITION:
Agenda Item #:
Jl.8S
MO~"ROE COUNTY B0AViJ Of.' COUNTY COMl\lISSIONERS
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CONTRACT SU.MMARY
'. _ . $1ontract #
Contract With:.Pot2,i~ruml1K\i.:b.f- -AfffJ,ir:.s Effective Date:.l!) ~/ 00
VoJ.11 Expiration Date:"S/ 3/1 02-
Contract Purpose/Description: G r~ ~ ~,.. p tb I )Ide. ~LJ VIr!," ~ ~CY ~~
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Contract Manager: ~.C)('<i~ c.~4+ fV!a('INl J....e~CJLNc.eA..
(Name) (Ext.) (Department)
for BOCC meeting 011 ..fQ:/ /9 / CO
Agenda Deadline: -Lt2...-/ 2. / Oc:?
CONTRACT COSTS
Total Dollar Value of Contract: $ '\ 501 2. 'a CO Current Year Portion: $ StJt:J" tJO 0
Budgeted? Yes X No Account Codes: /)'S" - ~3()O9 -~B049~DI~ ~13oJ>.::;'t.D
Grant: $ E!3'Pc, 7/ ~ 00 I.J .C::- - 5' _~ /) Ocr ~ 8 () II y/) TO P.l E. ~ So So i ",",&0
County Match: $ ~2., r..; 8~ l /ltl,h1IIUSrta.hc.J) J ~S- - ~ i300lj ~~ Clf'h 6-W fJBOII S8OaN-~
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
CONTRACT REVIEW
Changes
Date In Needed
Yes No~
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Date Out
I 0 I "1 I Of:)
----
Risk Manage[nt
O~~ing
County Attorney
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Comments :
.
OMB Fonn ReVIsed 8/30/95 MCP n
Contract Number:
AGREEMENT
THIS AGREEMENT is entered into by and between the Florida Department of Community Affairs,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe County,
(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 herein, 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 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 and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the 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 laws, rules
and regulations.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end May 31, 2002,
unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement.
Page 1 of 17
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either 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
In accordance with 9 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection,
the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15,00) or Five
Percent (5%) of the face amount of the check or draft.
(5) RECORDKEEPING
(a) All original records pertinent to this Agreement shall be retained by the Recipient 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:
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.
Page 2 of 17
(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 Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its 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 are 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,
Any Recipient who is a state agency or subdivision, 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 suits
against the Department, and agrees 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 any Recipient 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 Congress, the state 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
Page 3 of 17
any payments or parts of payments after the happening of any Events of Default without thereby waiving the
right to exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement
or any previous agreement with the Department and has not cured such in timely fashion, or is unable or
unwilling to meet its obligations thereunder;
2, If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under 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 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 otherwise provided
at law or in equity:
1, Terminate this Agreement, provided that the Recipient 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;
Page 4 of 17
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 Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written waming 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 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 Recipient shall return funds to the Department if found in non-compliance with laws,
rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties,
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact
amount of damages due the Department from the Recipient is determined,
Page 5 of 17
(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 3000
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 487-4545
(c) 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 either 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.
(10) OTHER PROVISIONS,
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient 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 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 is in conflict with
any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and
Page 6 of 17
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 which may
be taken as an original.
(e) The Recipient agrees 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 or the
discriminatory vendor list following a conviction for a public entity crime or on the discriminatory vendor list
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 or on the discriminatory 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.
Page 7 of 17
(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 the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) In the event that the Recipient expends a total amount of State awards (Le., State
financial assistance provided to recipient to carry out a State project) from all state sources 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 216.3491, Florida Statutes; applicable rules of
the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General.
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, except that State awards received by
a nonstate entity for Federal program matching requirements shall be excluded from consideration. The
funding for this Agreement was received by the Department as a Grant and Aid appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response 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 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
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
Page 8 of 17
5, In connection with the audit requirements addressed in (d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes, This
includes submission of a reporting package as defined by Section 216,3491(2)(d), Florida Statutes, and
Chapter 10.600, Rules of the Auditor General.
6, 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 216.3491, 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 216.3491, 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).
(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-
compliance,
(f) The Recipient 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 in accordance with 216,3491, Fla. Stat. by
an independent certified public accountant (IPA) 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 complied with the
applicable provisions noted above,
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the
date the audit report is issued by the state Auditor General, whichever is later,
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(i) An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
(12) SUBCONTRACTS.
(a) If 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 subcontractor is bound by all
applicable state and federal laws and regulations, and (ii) the subcontractor shall 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 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
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 $887,800, Payment will be made in accordance
with the provisions of Attachment A -Scope of Work, An invoice shall be submitted with each deliverable
which is in detail sufficient for a proper preaudit and postaudit thereof.
(16) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
Page 10 of 17
(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.
(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 returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) 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
(UINAU)], 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 INA shall be grounds for unilateral cancellation of this Agreement by the Department.
Page 11 of 17
(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 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 authorized, by
resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances
contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute
and bind Recipient to the terms of this Agreement.
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:
BY:
Date:
~dleg~lily
~U;4;
ATTEST:
Shirley Freeman, Mayor
County Clerk
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Approved as to form and legality:
J. Thomas Beck, Division Director of Community Planning
Date:
Page 12 of 17
ATTACHMENT A
Scope of Work
Illegal and Severely Inadequate Onsite Sewage System Replacement Program
A. 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:
1. Rule 28-20.100 of the Florida Administrative Code, as amended.
8, The Recipient shall establish the following relating to assistance to both si ngle family and multi-family,
private residential property owners in Monroe County in eliminating illegal and inadequate On-Site
Treatment and Disposal Systems (OSTDS):
1, Procedures for the selection of property owners to receive financial assistance via the
Contractor under this Agreement.
2. 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 submittal 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 C120602-
04,
C, The Recipient 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 must emphasize assistance to financially
needy households,
D, The Recipient 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 replacement
of illegal and inadequate OSTDS with centralized wastewater transmission, treatment and disposal
facilities.
Procurement procedures shall not arbitrarily preclude any 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 subagreement 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.
Page 13 of 17
E. As consideration for the services to be rendered under the terms of this Agreement, the Department
shall authorize disbursements as described below.
1. An amount not to exceed $624,850 shall be made available 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., Florida Department of Health'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 Recipient shall retain the documentation listed
below for each illegal and inadequate OSTDS eliminated using funds made available under
this agreement.
i. 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.
ii. 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.
iii. 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).
vii. Certification that the initial report under Item 6.A below and all quarterly reports due
under Items 6.C and 6.0 below have been submitted to the Department.
viii. 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.
Page 14 of 17
2. The Recipient shall not 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. No funds made
available under this agreement shall be used for contract management expenses that may
be incurred by the Recipient or Florida Department of Health.
F. The Recipient shall submit, or cause to be submitted the following 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:
1. The Department shall pay $624,850 to the Recipient following the Department's receipt,
review, and acceptance of the Memorandum of Understanding between the Florida
Department of Health, Monroe County Health Department and the County to implement a
Homeowners Assistance Program that is revised to reflect the additional funding in this
contract received no later than January 15, 2001.
2. Progress reports from the Recipient 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 each quarter 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 agreem~nt.
iv. The funds expended during the reporting period and the funds remaining to be
disbursed for OSTDS elimination under this agreement.
3. A completion report (ten copies) from the Recipient to be received by the Department no later
than December 31, 2001, summarizing the quarterly reports prepared by each party.
Page 15 of 17
COMPREHENSIVE MASTER PLAN FOR CANALS
1. The Recipient shall prepare a comprehensive master plan (hereinafter called "Canal Study") for
improving water quality in residential canals to fulfill the requirements of Objectives 202.14 and
202.15 of the Monroe County Year 2010 Comprehensive Plan.
2. The Recipient shall submit, or cause to have submitted to the Department the deliverables in 3. to
the Department. The Department shall have twenty (20) days to review and accept reports or return
report to the County for correction.
3. The Department shall pay a total amount not to exceed $175,000 in accordance with schedule of
deliverables and disbursements as specified below:
A. The Recipient shall submit by no later than November 10, 2000, to the Department for its
review and approval, a draft Request for Proposal package for soliciting consultant
responses to prepare the Canal Study.
B. The Recipient shall submit by no later than January 15, 2001, to the Department for its review
and approval, a draft copy of the work scope for services to be performed to prepare the
Canal Study and its estimated costs.
C. If the Department approves the Scope of Work and its estimated costs the Department shall
pay the Recipient up to $175,000 upon its receipt of the executed contract to prepare the
Canal Study between the Recipient and its consultant which shall be submitted no later than
May 31, 2001.
D. The Recipient shall submit a final draft Canal Study by no later than March 15, 2002, to the
Department for its review, comment, and approval.
E. The Recipient shall submit to the Department a final Canal Study by no later than thirty (30)
days after receiving the Department's written comments.
F. The Recipient shall prepare progress reports for quarterly periods ending March 31, June 30,
September 30, and December 31 of each year beginning January 1, 2001 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 each
quarter and shall contain information on work completed during the quarter, consultant
invoices and reports, work expected to be completed in next quarter, and identify any
unanticipated problems or delays in completing the project on schedule and within budget.
G. The Recipient shall submit a completion report (ten copies) to the Department no later than
May 31, 2002, summarizing the quarterly reports prepared.
Page 16 of 17
POST-DISASTER REDEVELOPMENT PLAN
1. The Recipient shall prepare a Post-Disaster Redevelopment Plan to fulfill the requirements of
Objective 217.2 of the Monroe County Year 2010 Comprehensive Plan.
2. The Recipient shall submit, or cause to have submitted to the Department the deliverables in 3. to
the Department. The Department shall have twenty (20) days to review and accept reports or return
report to the County for correction.
3. The Department shall pay a total amount not to exceed $87,950 in accordance with schedule of
deliverables and disbursements as specified below:
A. The Recipient shall submit by no later than November 30, 2000, to the Department for its review
and approval, a draft Request for Proposal package for soliciting consultant responses to prepare
the Post-Disaster Redevelopment Plan.
B. The Recipient shall submit by no later than February 29, 2001, to the Department for its review
and approval, a draft copy of the work scope for services to be performed to prepare the Post-
Disaster Redevelopment Plan and its estimated costs.
C. If the Department approves the Scope of Work and its estimated costs the Department shall pay
the Recipient up to $87,950 upon its receipt of the executed contract to prepare the Post-Disaster
Redevelopment Plan between the Recipient and its consultant which shall be submitted no later
than May 31,2001.
H. The Recipient shall submit a final draft Post-Disaster Redevelopment Plan by no later than
December 31,2001, to the Department for its review, comment, and approval.
I. The Recipient shall submit to the Department a final Post-Disaster Redevelopment Plan by no
later than thirty (30) days after receiving the Department's written comments.
J. The Recipient shall prepare progress reports for quarterly periods ending March 31, June 30,
September 30, and December 31 of each year beginning January 1, 2001 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 each quarter and
shall contain information on work completed during the quarter, consultant invoices and reports,
work expected to be completed in next quarter, and identify any unanticipated problems or delays
in completing the project on schedule and within budget.
K. The Recipient shall submit a completion report (ten copies) to the Department by no later than
March 31, 2002, summarizing the quarterly reports prepared.
Page 17 of 17