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Item T4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 16 April 2003 Division: _ Growth Management Bulk Item: Yes X No Department Marine Resources AGENDA ITEM WORDING: Approval of an amendment to FDEP Grant Agreement LP0337 between Monroe County and the Florida Department of Environmental Protection, providing for wastewater funds under Specific Appropriation 1765A of the 2002-2003 State budget. ITEM BACKGROUND: Paragraph 2. of Grant Agreement LP0337 specifies that upon satisfactory completion of all conditions of the grant scope of work, an amendment to the Agreement would take place allowing for disbursement of grant funds. This grant amendment is specific to Attachment A. Section C. I., North Key Largo Utility. North Key Largo Utility has satisfactorily completed all components under the grant as one of the County's sub -grantees. Key West Resort Utility (KWRU) has submitted all documentation, but clarifications have been requested from FDEP. We expect that these clarifications will be made during the week of March 4th, but not in time for the March BOCC agenda. A specific Amendment for KWRU should appear on the April BOCC agenda. PREVIOUS RELEVANT BOCC ACTION: January 15, 2002 — approval of Grant Agreement LP0337 CONTRACT/AGREEMENT CHANGES: Approves disbursement of funds under Grant Agreement LP0337 STAFF RECOMMENDATIONS; Approval TOTAL COST: $987,586 BUDGETED: Yes X No COST TO COUNTY: None SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes No X AMOUNT Per Month Year APPROVED BY: County Atty X OM urchasing Risk Management X DIVISION DIRECTOR APPROVAL: imothy McGa Director f rowth Man geme DOCUMENTATION: Included X To Follow V Not Required DISPOSITION: AGENDA ITEM NO.: BC030450.doc 03/24/03 11:19 AM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: f bE Contract # LP0337 Effective Date: ASAP Expiration Date: May 31, 2003 Contract Purpose/Description: Amendment to FDEP Grant Agreement LP0337 between Monroe County and the Florida Department of Environmental Protection, providing for wastewater funds under Specific Appropriation 1765A of the 2002-2003 State budget. Contract Manager: George Garrett 2507 Marine Resources / 11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on `r`%/lo/03 Agenda Deadline: NAaj�l I CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: Unknown- - -_ Grant: $ 987,586 County Match: $ 0 Estimated Ongoing Costs: $NA/yr (Not included in dollar value above) ADDITIONAL COSTS For: NA CONTRACT REVIEW Changes Date In Needed ewer Division Director 3 Yes❑ No[c Risk Management V(2 47� Yes❑ No0• L • ' O.M.B./Purchasing 3I �� D3 Yes io❑ I County AttorneyA Yes❑ No"G . I Cc 987,586 etc.) Date Out e3 STATE FINANCIAL ASSISTANCE AGREEMENT MONROE COUNTY DEP AGREEMENT NO. LP0337 AMENDMENT NO. 1 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA) This Amendment No. 1 is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as "Department") and MONROE COUNTY (hereinafter referred to as "Grantee" or "Recipient" or "Contractor"), the address for which is Gato Building, 1100 Simonton Street, Key West, Florida. 33040, existing as a local government agency under the laws of the State of Florida. WHEREAS, the Department and the Recipient entered into a Grant Agreement providing for amendment upon completion of certain Project Work and such activity for the North Key Largo Utility Corporation has been completed satisfactorily; and WHEREAS, the Recipient is entitled to grant funds in the amount of $987,586 for North Key Largo Utility Corporation Project Work. THEREFORE, in consideration of the mutual benefits to be derived herefrom, the Department and the Recipient do hereby agree as follows: 1. The Grantee shall perform in accordance with the terms and conditions set forth in the original Agreement and this Amendment, and all attachments and exhibits named which are attached thereto or hereto, respectively, and incorporated by reference. The attached Attachment A - Revised (Project Work Plan) supersedes the version of Attachment A incorporated into the original Agreement. There is no change to Attachment B as originally issued. 2. The Grantee shall not subcontract, assign, or transfer any construction services or equipment/material procurement work to be funded under this Agreement as amended without the prior written consent of the Department's Grant Manager. The Department specifically consents to subcontracting with North Key Largo Utility Corporation and associated lower tier subcontractors including United Engineering Corporation, Boyle Engineering Corporation, Florida Keys Aqueduct Authority, and William Stephenson, P.E. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred, and that the Grantee shall be solely liable to any subcontractor for all expenses and liabilities incurred under the subcontract. 3. Grant funds shall be disbursed to the Recipient on a cost reimbursement basis no more frequently than monthly for all eligible project costs upon receipt and acceptance by the Department of properly completed Disbursement Request Forms (provided as Mar 25 03 09:42a Growth Met (305)289-2854 P.5 Attatcbment Q. �umeatatioD stroll be provided establishing that a P rofessi o n a l E.ngkow roes reaponsi a for ovemmmg coat WW8- The Grantee shalt maintain records of suffi ciently kaniwd invrriees for dw mmarrab, labor, or services to kW*ify the nature of the work performed; the Cost or charges for such wort;; and the person or entity pmvlding the service or performing the work. IN WITNESS WHEREOF. the parties have caused this Arnendmcot No. I to be duly executed, the day and Year last written below. MONROE COUNTY BOARD OF COUNTY CONMSSIONERS By- Mayor/chairperson 171 FEID No.: 59-6M749 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL. PROTECTION BY. - - j Direator, Division of Water Rewurre Management Date: 3-/ Z - 0 3 APPROVED AS TO FORM A LEGA B R ERT N. �tF DATE -03 Br• List of attachments/e)dnbits imcluded as part of this amended Agt+eemeat: Speedy Type Letter/ Description (imiude cumber of pages) Number Attaclment A -Revised _Project Work Plan Q Page) Attachment B Audit Requirements (5 Pam) Attachment C DWmnenrd RcQuest Forms 3 es 2 a'tT--fn ■-TTW ,iT!�ro-) _0Mt40W W0a 0T =0T EQ-9Z-8vW ATTACHMENT A - REVISED MONROE COUNTY North Key Largo Utility Corporation Wastewater Management System A. PROJECT BUDGET INFORMATION PROJECT BUDGET Category of Expenditure DEP Funds Other Funds Total Funding FY 02/03 FY 03/04 FY 04/05 Design $ 0 $ 0 $ 0 $ 190,547 $ 190,547 Construction $ 987,586 $ 0 $ 0 $ 1,906,914 $ 2,894,500 Tech Services during Construction $ 0 $ 0 $ 0 $ 71,926 $ 71,926 Other $ 0 is 0 Is 0 $ $ TOTAL $ 987,586 1 $ 0 1 $ 0 $ 2,169,387 $ 3,156,973 B. SCOPE OF PROJECT WORK: A vacuum station and vacuum sewer extensions are to be constructed for the North Key Largo Utility Corporation. The facilities to be constructed will provide for decommissioning existing individual on -site wastewater treatment and disposal systems. Wastewater treatment and disposal will be provided at the existing facility serving the Utility. C. PROJECT SCHEDULE — Submit all disbursement requests no later than May 15, 2003. DEP Agreement LP0337, Attachment A - Revised, Page 1 of 1 ATTACHMENT C Disbursement Request Forms — Disbursement Details 1. Grantec%ecipient 2. Project Number LP0337 Date of Request 3. Disbursement Request Number Required Match % NONE 4. Type of Request: Partial ❑ Final ❑ 5. Federal Employer Identification Number 6. Mail ❑ EFT ❑ Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Construction 2. Technical Services during Construction 3. Total Cummulative to Date 4. Disbursements Previously Requested 5. Amount Requested for Disbursement (Line 3 minus Line 4) $ NONE INCLUDED .It ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 323"-2400 DEP Agreement No. LP0337, Attachment C, Page 1 of 3 ATTACHMENT C Disbursement Request Forms -Grant Manager's Certification L , (name of Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of GrantedRecipient) 1. The disbursement amount requested on page I of this form is for allowable costs for the Project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfinctorily purchased, performed or received, and applied toward completing the Project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the Project, and the Grantee is in compliance with all terms or provisions of the contracts. 4. All funds received to date under the Agreement have been applied toward completing the project. 5. All permits and approvals required for the construction have been obtained. 6. Any changes in State or Federal funding (since the effective date of the Agent) have been identified in writing to the Department or are identified on the attachment hereto. (Attachment included: Yes ❑ No ❑) ( Signature of Grant Manager) (DaW) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 323"-2400 DEP Agreement No. LP0337, Attachment C, Page 2 of 3 ATTACHMENT C Disbursement Request Forms - Engineer's Certification 1, , being the Professional Engineer retained by (name of Professional Engineer) am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfiuxorily purchased or received and applied to the project in accordance with construction contract documents submitted to the Department of Environmental Protection's Bureau of Water Facilities Funding; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision was provided; 4. Construction was in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contrad(s) have been domunented by change order, and 6. All additions or deletions to the Project which have altered the performance standards, scope, or purpose have been identified in writing to the Department or are identified on the attachment hereto. (Attachment included: Yes ❑ No ❑) Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 323".2400 DEP Agreement No. LP0337, Attachment C, Page 3 of 3