Item O3BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date October 15, 2003 Division County Attorney
AGENDA ITEM WORDING
Approval of a Loan Agreement with Key Largo Wastewater Treatment District in the total
amount of $914,285.
ITEM BACKGROUND
BOCC at prior meeting agreed to loan the money to Key Largo Wastewater Treatment
District and directed /County Attorney to negotiate a loan agreement with them.
PREVIOUS RELEVANT SOCC ACTION
The newly created KLWTD had no legally available source of funds to commence its
operations, and requested assistance from the BOCC.
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval of Loan Agreement in the amount of $914,285 between BOCC and KLWTD/
TOTAL COST $914.285
COST TO COUNTY $914.285
APPROVED BY: County Attorney ❑
BUDGETED Yes No
SOURCE OF FUNDS
OMB/Purchasing ❑ Risk Management ❑
DIVISION DIRECTOR APPROVAL:
R OLLINS
DOCUMENTATION: Included ❑ To Follow ❑ Not Required ❑
AGENDA ITEM #
GO����i�iW R TT DISTRICT
POST ONCE BOX 491; KEY GO, FLORIDA 33037
451-5105
September 8, 2003
DELIVERED VIA FEDERAL EXPRESS REC`i'v _D
Mr. Richard Collins SEP 10 a 2003
Monroe County Office of the County Attorney
PO BOX 1026 MONROE COUNTY Al TORNEY
Key West, FL 33041-1026
RE: Loan Agreement by and between Monroe County and Key Largo
Wastewater Treatment District (KLWTD)
Dear Richard:
Enclosed please find two duplicate originals of the above -referenced loan agreement for
the total amount of $914,285.00. Please note that the KLWTD Board executed the loan
agreement with the corrected fund transfer date of October 15, 2003. The KLWTD
Board executed the loan agreement with no other changes being suggested.
However, at the Board's request, I will request that FKAA provide an accounting of the
FEMA Phase 1 Grant local share that was forwarded to them by the County prior to the
establishment of the KLWTD. The accounting will provide the KLWTD with the
assurance that the funds sent to the FKAA were spent consistent with the scope of the
FEMA Phase 1 Grant for the Key Largo Trailer Village project.
It is my assumption that upon execution by the County you will transfer to the KLWTD
the local match for the FEMA Phase 1 and Phase 2 Grant. Upon receipt of the fully
executed agreement I will have David Miles, Chief Financial Officer for the KLWTD,
contact Mr. Danny Kolhage, Monroe County Clerk, concerning the details of the transfer
of funds.
If you have any questions, or if I can be of further assistance to you, please contact me
at (850)681-3717. Thank you for your patience in this matter.
Sincerely,
14 A
Robert E. Sheets
General Manager KLWTD
RES/fd
Enclosures
cc: KLWTD Board of Commissioners
David Miles, CFO KLWTD
James Reynolds, FKAA Director
Robert Feldman, FKAA Attorney
:oard of Commissioners: Chairman Andrew Tobin, Gary Bauman, Cris Beaty, Charles Brooks, Jerry Wilkinson
Fy,. R1DA KEYS AOUEDUCT AUt HORITY
KEY WEST, FLORIDA
MEMORANDUM
TO: Rob Wolfe, Assistant County Attorney
FROM: Robert T. FcWman, Gencrel Couasei
DATE: September 16, 2003
PM FEMA Grant
The FKAA received $182,857.00 firm The County as local match and has expended a
Portion of it to fiilfill conditions of the grant. At such tim as FP.MA releases -the FKAA
as sub -grantee the remaining funds will be reavao to the County or where the County so
directs. 'While the F AA is sub-$rantoo it is anticipated that an agreement will be
entered into with the district whue, by cxpendiw= made by the district that f ffM the,
conditions of the FRMA grant will be submitted for reimbursement to the FKAA_ The
FKAA will submit it to FEMA to reimburse the district for the federal, state and local
portions. Additionally, the district will be reimbursed from the prorata share of local
match which is 75% FEMA Ocderal)12.5% state (DCA) and 12.5% Ioeal match (funds
being, held by the FKAA)_
RE `v'^D
SEP 1 C, 2003
rs0Mr;C--- CU.. , „ .
LOAN AGREEMENT
KEY LARGO WASTEWATER TREATMENT DISTRICT
THIS LOAN AGREEMENT is entered into by and between Monroe County, a
political subdivision of the State of Florida (the County) and the Key Largo
Wastewater Treatment District, an independent special district (the District),
pursuant to Sec. 2.03(A)(2) of an interlocal agreement between the parties
effective February 26, 2003 (the interlocal agreement). A copy of the interlocal
agreement, together with all its exhibits, is attached as Exhibit A and made a part
hereof
1. On or before October 15, 2003, the County shall transfer to the District
the sum of $731,428 and shall request the Florida Keys Aqueduct Authority (FKAA)
to transfer to the District the sum of $182,857 (which sum the County had
previously transferred to the FKAA for the purposes described in paragraph 2 of this
loan agreement).
2. a) The District agrees to establish a special fund to be called the
Key Largo Trailer Village Project Fund (the Fund) and tWdepos t therein the money
described in Paragraph 1 of this loan agreement. Money in the Fund may only be
used to pay the costs of constructing the Key Largo Trailer Village central
wastewater treatment and collection system (the Project) that are authorized as
appropriate matching expenditures in the DCA/FEMA grant for the Project. A copy
of the DCA/FEMA grant is attached to this loan agreement as Exhibit B.
b) The District shall make disbursements or payments from the
Fund only for the costs authorized in subparagraph 2(a) of this loan agreement.
The District shall prepare and keep the records of such disbursements and
payments according to generally accepted governmental accounting principles
consistently applied and shall retain those records for a period of five years from
the date of the completion of the Project. The records must be made available
upon request to an auditor employed by the County or the State of Florida. If the
auditor determines any funds may have been spent for unauthorized purposes, the
auditor shall meet with District staff to confirm the purpose of the expenditure. If
after meeting with District staff, the auditor determines that any of the funds
transferred to the District under this loan agreement were expended for purposes
not authorized by this loan agreement or the DCA/FEMA grant, then the District
shall, within 30 days of the auditor's determination, return the amount determined
by the auditor to have been improperly spent together with interest, calculated at
the rate set forth in Sec. 55.03(1), FS, commencing on the date the auditor
determined the funds were expended for a purpose not authorized by this loan
agreement or the DCA/FEMA grant. This subparagraph controls over and amends
any inconsistent language in the interlocal agreement Sec. 2.03(A)(2).
c) Moneys transferred to the District under this loan agreement for
deposit in the Fund must be deposited and secured in the same manner as public
funds are authorized to be deposited and secured by the laws of the State of
Florida. Any interest paid on moneys deposited in the Fund will belong to the
District.
3. a) Beginning on July 1, 2008, and on each July 1st thereafter
through July 1, 2018, the District shall pay to the County $91,428.50 for repayment
of the funds transferred to the District pursuant to paragraph 1 of this loan
agreement If the District has not collected a sufficient amount of funds to cover
the loan repayment amounts each July 1st until the loan is repaid in full, the District
shall have the right to request the County to renegotiate the terms of this
Agreement relating to repayment of the funds. The parties agree that the
$91,428.50 is entirely a return of principal and that the County may not demand, or
seek to charge, the District any interest on the funds transferred to the District
pursuant to this loan agreement. The only exception to this no interest provision is
the interest payable on funds determined to have been spent for a purpose not
authorized by this loan agreement.
b) The County agrees to establish a special fund for the receipt and
deposit of the moneys paid by the District to the County pursuant to subparagraph
3(a) of this loan agreement. The County agrees to return the moneys deposited in
that fund for wastewater treatment and collection projects -.located within, or
serving the residents of, the Key Largo Wastewater Treatment District. The
moneys so deposited shall be spent for District wastewater projects pursuant to
interlocal agreement(s) entered into between the parties.
4. The requirement of each party that moneys be deposited and
accounted for in a special fund may be satisfied by deposit in a single non-exclusive
bank account or investment pool provided that adequate accounting records are
maintained to reflect and control the restricted allocation of the moneys on deposit.
5. This loan agreement is not intended to, and does not give rise to, legal
or beneficial rights on behalf of any third parties. The contractors, subcontractors,
subsubcontractors, materialmen and tort claimants of the District, or any other
third party, claiming or demanding damages, liability, payment, or other demand
on account of an act, acts or omission or omissions of the District, its officers,
employees, or agents, must seek the relief demanded or claimed from the District
only.
6. The parties agree that prior to the time the first repayment amount is
due to the County, as stated in paragraph 3 herein, the parties shall revisit and
reconsider this Agreement to determine whether the terms and conditions of the
repayment schedule should be amended.
7. All writings required by this loan agreement (including the payment of
moneys) shall be sent to:
Monroe County
County Administrator
Gato Building
1100 Simonton Street
Key West, FL 33040
District
Robert Sheets, General Manager
PO Box 491
Key Largo, FL 33037
with a copy to:
Terry Lewis, District Attorney
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd. #1000
West Palm Beach, FL 33401
by certified mail, return receipt requested, or by a national courier service such as
Federal Express. The above addresses may be changed by written notification.
8. This written loan agreement is the parties' final mutual understanding.
It supersedes any prior negotiations or agreements, whether written (in any
format) or oral, and may only be amended by a writing signed by both parties.
9. This loan agreement will take effect on the signature bate of the last
party to execute the agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
dates written below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
Date
(SEAL)
Attest:
By ®rKaDate. h
JconKLWWD3
MONROE COUNTY ATTORNEY
ROVE A TO FORM:
0
JOHN��RYY. COOLIES
0 NZ 03-
Oata
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
KEY LARGO WASTEWATER TREATMENT
DISTRICT
By 14 AezG
Chairman
REVIEWED
RC112-1 ON J H
SAH DCT
FIBS /
l
it03
RELATING TO THEINTERLOCAL AGREEMENT
TRANSITION OF WASTEWATER
SERVICES FROM jURISDICTION AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY TO THE KEY
LARGO WASTEWATER TREATMENT DISTRICT
BY AND BETWEEN
MONROE COUNTY,
THE FLORIDA KEYS AQUEDUCT AUTHORITY AND
THE KEY LARGO WASTEWATER TREATMENT DISTRICT
ADOPTED , 2003
iq
TABLE OF CONTENTS
ARTICLE I
SOURCES OF FUNDING
SECTION 1.01. GRANTS.
SECTION 1.02. COUNTY FUNDING.
ARTICLE II
INTERLOCAL AGREEMENT
SECTION 2.01.
PURPOSE OF INTERLOCAL AGREEMENT:
SECTION 2.02.
DUTIES AND RESPONSIBILITIES OF THE AUTHORITY.
SECTION 2.03.
DUTIES AND RESPONSIBILITIES OF THE COUNTY.
SECTION 2.04.
DUTIES AND RESPONSIBILITIES OF THE DISTRICT.
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01. RECORDING EFFECTIVE DATE.
SECTION 3.02. AMENDMENT.
I
PAGE
2
2
2
4
4
4
4
4
5
8
9
9
9
10
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of this _
2003, by and between Monroe County, Florida (the "Coup day of
Florida Keys Aqueduct Authority (the "Authority") and the Key Largo Wastewater Treatment
'tme t
District ("the District').
WITNESSETH:
WHEREAS, Pursuant to Chapter 76-441, Laws of Florida,
agreements executed between the County and the Authority, the Authority had exclusand ive
wastewater jurisdiction in the District wastewater district; and,
WHEREAS, the District was formed in 2002 by the Legislature of the State of Florida
Pursuant to House Bill 471, Chapter 2002-37, Laws of Florida, for the londa
such acts as shall be necessary for the sound planning,
a p°� of performing
maintenance of a wastewater management P system !r acquisition' development, operation and
Within the district, including all business,
facilities necessary and incidental thereto; and,
WHEREAS, Chapter 2002-37, Laws of Florida,
jurisdiction over theacquisition.,development,o and provides the District with exclusive
management system in and for the District boundaries; and
management of'a wastewater
WHEREAS, the County is a political subdivision of the State of Florida
authority to provide waste treatment and disposal services throughout MonroCounty �d rule
enter into agreements with the Authority and the District relative to such activities; and y
WHEREAS' the County has entered into agreements with the Authority as its agent and
the District in order to assist the District with the establishment and operation of a wastewat
management system within its jurisdiction; and er
WHEREAS, the County and the Authority, have
grants from local, state and federal worked to identify funding sources and
wastewater services and Programs wisources to advance the provision of central wastewater and
thin the District; and
WHEREAS, it was imperative to the heal
District that the delivery of such wastewater facilities and ty and welfare of the citizens of the
and therefore, the County and the Authorityentered into Ps be expeditiously advanced,
agreements to utilize the resources of two gra�� �°mt resolutions and interlocal
benefit of the District; and° and County Capital Infirastructure Funds for the
WHEREAS, the District is not ex
A petted to have a revenue stream for approximately 30
months from the date of this
Agreement, unless the County creates a Municipal Services Taxing
Unit ("MS'V) to assist the District; and
WHEREAS, the County has the legal authority to provide funding to the District as
Provided herein to accomplish its purposes until the District has an established stream of
revenue.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
for other good and valuable consideration each to the other, receipt of which is hereby
acknowledged by each party, the County, the Authority and the District hereby agree, stipulate
and covenant as follows:
ARTICLE I
SOURCES OF FUNDING
that: SECTION 1.01. GRANTS. It is hereby ascertained, determined and declared
A. Federal Grant. Under Public Law 106-31, the Emergency Supplemental
APPrOP�tions Act for Fiscal Year 1999 (1249 and 1259... Unmet Needs program), a
supplemental appropriation by the United States Congress was made available to Monroe County,
for wastewater projects in the District area.
1. The Authority has been designated as. recipient/sub-grantee under the
Unmet Needs Program to receive and expend grant funds for wastewater ro
tea. The Federal Emergency P . J�(s) in the District
�8 y Management Agency ("FEMA"). and the State 'of' Florida
Department of Community Affairs C DCA') are charged with administering grants under the
Unmet Needs Program.
2. A Joint Resolution between the County and the Authority was entered into
under County Resolution 093-2002 and Authority Resolution 02-08 (a copy of which is attached
hereto and marked as Exhibit A) to secure this grant and to name the Authority as the wastewater
authority to accept this grant. The payment by the County of $182,857.00 (20% of the County's
committed amount of $914,285) has been made to the Authority.pursuant to this commitment.
This Resolution also established that the site at Mile Marker 100.5 would serve the system
funded by this grant.
3. The total grant includes project funding as follows:
Federal Share $5,485,714.00
State Share $ 914,286.00
Local Share $ 914,285.00
Total $7,314,285.00
4. DCA (the grantee of this federal grant) and the Authority entered into a
Disaster Relief Funding Agreement to fund implementation of the Ke
wastewater treatment project on the 30" dayof A y Largo Trailer Village
and marked as Exhibit B � 2002 (a.copy of which is attached, hereto
), pursuant to DCA's authority to administer.federal financial assistance
from FEMA, and to disburse the grant funds to the Authority, as further described in the Disaster
Relief Funding Agreement ($914,286).
B. Transition of Key Largo Trailer Village to the District. Pursuant to FEMA's
guidelines under this grant, as set forth in a letter dated September 18, 2002 from FEMA to the
2
Florida Division of Emergency Management, (attached hereto and marked as Exhibit C the Keym
Largo Trailer Village Project will be fully transferred to the District and the District will beco
the recipient/sub-grantee for the project when the following conditions have been met: e
Completion of the entire environmental assessment process per the National Environmental
Policy Act (NEPA) and related statutes (including completion of a site specific environmental
review document and associated public meeting);
approval letter from FEMA to the State of Florida; (2) fire funds have been obligated in an
contract with the Authority � (3) the State of Florida has developed a
complete); and 4 a ty (agreement for Phase I funding for planning
() transition plan between the Authority and the Districthas been executed
with assurances that the original scope of work and its
will be implemented (this Transition Interlocal A associated site development requirements
Agreement).
1 • Responsibility for the Key Largo Trailer Village Project will be
transferred to the District following receipt by the Authority of proposals for design/build
services for the project. Before March 1, 2003, the Authority will provide the District the
design/build proposals for Key Largo Trailer Village. The Authority's continued invol
the Project will be exclusively limited to meetings and vement in
assessment (EA) Process.
FEMA site -specific environmental responsibilities directly related to the
2. The Authority is using the collective FEMA grant
and preliminary design and engineering of the Key Largo Trailer Village and allihmonii�g
utilized at the transition stated heretofore shall be either returned to ):EMA or assigned to the
Distract as per the direction of FEMA.
C. State Grant. Under State of Florida 2002-03 General Appropriations Act, Line
Item 1765-A, Fixed Capital Outlay, Keys Wastewater Management Plan Implementation from
Land Acquisition Trust Fund, a specific appropriation by the State of Florida was made available
to Monroe County for the District in the amount of $1,660,000.
1 • Pursuant to the requirements of this
t, the Auority
County initiated a proposed project in the District on or before August 19,2002. on behalf of the
2. The
wired; construction bids oar design/build hat the sites necessary to project viability must be
charges, fees, or assessments must be established no Proposals
than must M�rved, and a system of user
" arch 1, 2003.
3. The County has selected the community known as Key Largo Park as the
designated project area A copy of Joint Resolution confirming
349-2002 and Authority Resolution 02-25), is attached heretked as (County esolution
4. The grant is only for capital improvements, not including engineering and
Planning. Therefore, the County has agreed to pay up to $356,000.00 for project en ' eerin
design, bidding services, and planning as reflected b g,
Authority Resolution 02-25 as amended, attached hereto and marked as D. on 349-2002 and
5.
prepared a State Financial tale of Florida
i a Department of Environmental Protection ("DEP') has
Agreement, DEP Agreement No. LP0338, between DEP
3
and the District, for the purposes of facilitating the $1,660,000 state grant, a copy of which is
attached hereto and marked as Exhibit E.
SECTION 1.02. COUNTY FUNDING . See Section 2.03 of this Agreement.
ARTICLE II
INTERLOCAL AGREEMENT
SECTION 2.01. PURPOSE OF INTERLOCAL AGREEMENT. The purpose
Of this Agreement is to cause a smooth transition of both projects, grants, en
eering and all
related administrative activities from the Authority to the District so that the intent of the District
Legislation may be implemented and both grants mentioned heretofore may be preserved,
utilized and result in projects as anticipated by them. Therefore, the parties agree that each entity
will have the,following duties and responsibilities.
SECTION 2.02. DUTIES AND RESPONSIBILITIES OF THE AUTHORITY.
A. Key Largo Trailer Village. The Authority agrees ,to complete the following
duties and responsibilities with regard to the Key Largo Trailer Village project.
1. Complete a design/build request for proposals
2. Solicit and receive design/build technical proposals and cost proposals.
3. Deliver the design/build technical proposals and cost proposals received to
the District for evaluation and selection.
4. Provide information and assistance to FEMA as necessary to complete the
site -specific environmental assessment of the projects as required under
the National Environmental Policy Act (NEPA).
S. The Authority agrees that its contractual design professional may be
utilized by the District at the discretion of the District, and subject to the
design professional's consent, to assist the District with the design/build
Proposal evaluation process, subject to the availability of sufficient grant
funding or other sources of funding to reimburse the contractual design
professional for their continuing services.
B. Key Largo Park. The Authority agrees to complete the following duties and
responsibilities with regard to the Key Largo Park project.
1. Complete design drawings, technical specifications and bid documents.
2. Solicit and receive construction bids.
3. Deliver the construction bids received to the District for evaluation and
selection.
4. The Authority agrees that its contractual design professional may be
utilized by the District, at the District's election and expense, to assist the
District in evaluating RFP responses
C. Transition. The Authority agrees to assist the District with the
Projects and to effect an orderly transition in the governance, o transition of
wastewater services in the district boundaries, and specifically to assist the District lira meeting nance
the March 1, 2003 deadlines imposed by the State. g
D• Transfer of Funds. The Authority agrees
received from the County for the projects to the. extentt sir h to transfer
remain u any remaining �g funds it
This includes, but is not limited to, the $182,857 transferred to the Authority from the Coofer.
the Key Largo Trailer Village project, described below, less the sum of $8,900 to reimburse County for
Authority for administrative expenses incurred in association with arse the
of the Key Largo Park proj� management and coordination
SECTION 2.03. DUTIES AND RESPONSIBILITIES OF THE COUNTY.
A. Financial Commitments. The County agrees to provide certain' funds it has
available to support the development of the Key Largo 'Trailer Village and Key Largo park
Projects. These commitments are outlined in Exhibits A and D and are rovided
Exhibit F. Exhibit F outlines all financial commitments to date, including state and federal specifically m
commitments. The County will provide funds throughfunds
sources with conditions for the use of these funds, as outined below. efferent committed funding
1 • Administrative Loan. Pursuant to an Interlocal Agreement
into on December 18, 2002 between the County and the District, attached hereto and mark
Exhibit G, the County loaned the District $100,000. Unless otherwiseas
County and the District, this $100,000 is to be reimbursed to the County, the tt ns o f Bch the
Outlined in the referenced Interlocal Agreement. are
2. • Capital Funds for Key Largo Trailer Village. Pursuant to County
Resolution 093 2002, attached hereto and marked as Exhibit A, the County will Provide funds to the Distract m order to secure a commitment to the Key P capital
to $914,285, as need Y Largo Trailer Village project up
request for Payment
to complete the project. As costs are incurred by the District, and upon a
P yment of expenses, the County will transfer ne Payment of such expenses. These funds will be provided to the c District as atloantoDistrict
repaid
ct for
upon such terms and conditions to be agreed upon between the District and the County within the
next 90 days. To date, 20% of the $914,285 has been
The County will direct that the Authoritytransmitted to the Authority ($182,85�.
such funds remain after project development to date.these funds to the District to the extent that
$1,225,603. Cesspit Grant Funds. Pursuant to DCA Contracts, a total of
0 will be provided to the District for Key Largo Trailer Village and Key Largo Park.
5
a. DCA Contract 00-DR-1 W-11-54-01-002, and DCA Contract 01-
DR- 16-11-54-001 are attached hereto and marked as Exhibit H.
b. The County will administer the grant funds, and will disburse only
if the District provides an audit trail identifying that funds will be
used to replace cesspits equivalent to approximately $10,100 per
cesspit replaced.
C. The County will continue to administer these funds and as costs
are incurred by the District, upon a request for payment of
expenses, the County will transfer funds to the District out of these
grant funds. The County agrees that these funds can be utilized for
construction as a part of Key Largo Trailer Village or Key Largo
Park.
4. County Match to Cesspit Grant. The County- agrees to match the
DCA Cesspit Grant in the amount of approximately $929,527 for Key Largo Park or Key Largo
Trailer Village.
a. This amount ($929,527) is. dependent on remaining dollars from
the Cesspit Identification and Elimination, Grant Program,
currently administered by the Florida Department of Health for the
County. As of the date of execution of this Agreement, a
minimum of $790,000 remains in this program.
b. These funds were originally used as a match to State Cesspit
replacement dollars, but they do not have to be utilized for
replacement.
" ' 5. County Capital Infrastructure Funds
. PursuanResolution 349-2002, attached hereto and marked as Exhibit D, the_ County to County,
District in the amount of $356,000 for en tY age to fund the
during fiscal year2003l2004 for:Ke ��g' Plug' legal and administrative expenses
y Largo park. Any and all funds remaining out of the County
Capital Infrastructure Funds provided for this purpose are to be transferred to the District within
60 days of completion of tasks 1, 2, 3 and 4 provided in Section 2.02B of this Agreement.
a. A portion of these funds are currently .being utilized: to pay Boyle
Engineering for engineering design on the collection system for the
entire Key Largo Park area.
b. The County, - with the District's concurrence, will continue to
provide these funds, directly to Boyle (not to exceed $356,000)
until design work and other obligations are completed.
6. County
been expended and the land willbe
frastructure Tax Funds. These funds ($826,234.31) have
be transferred to the District within
execution of this Agreement. The County and the District agree that after0the Counttyye� date
6
the land to the District, the County may utilize that portion of the land which is not bein utilized
by the District, if necessary, for non-structural purposes. g lazed
7• $250,425 Commitment for Operational Expenses. The
agrees to provide $250,425 as a grant, in addition to the $100,000 loan already provided tCounty
nthe
District, as set forth a the Interlocal Agreement attached hereto and marked as Exhibit
described above. Specifically, the grant shall be utilized for deli G and
related administrative tasksimplementation
engineering, legal and all
Key Largo Park projects. The Courityor imwill oleem d to the f he Key Largo Trailer Village and
$250,425, which is the act
mount of $50,085, upon execution of this enty Pent (20%) of the
submission to County of written request for additional sums from this $$2250,425 cow District
based upon Previous expenditure documentation submitted to the County, the Coun ���
disburse additional reimbursements not to exceed the stated 20% ($50,085). �' shall
8• The County agrees to consider adopting a Municipal Services Taxis
Unit ("MSTU') for the District, pursuant to the Districts Amended Resolution 2003-4 a ' g
hereto and marked as composite Exhibit I. Pursuant to this Resolution, the District ttached
the County establish an MSTU for the Distric requested that
and requested a millage rate not -to -exceed 3 t to section 125.010Xq), Florida Statutes,
Commission meeting agenda as a request for advertisementhis en February m will be placed on the County
considered for adoption at the May 21, 2003 CountyCommi ionn' 2�3' and will be
attached draft County Ordinance (attached hereto as composite Exhibit 1): g' Pursuant to the
B. The District is required to, and has in fact established a federall -ins
for the funds at a financial institution authorized by State law to received y ts ured accoof
unt
s a
The District must deposit the funds in said account, and account for all expenditureslfunds. r
by Florida law and accepted government accounting standards required
C. Transfer of Real Property.
1 • The County agrees to transfer the land known as the "Mile Marker 100.5"
Parcel to the District within 90 days of execution of this Ag
reement for purposes of establishing
conditions contained wi 2� that the District is obligated to meet all of the
attached hereto and marked as Exhibits J and KWildlife Service ("FWS') and FEMA documents,
, respectively.
2• The County will retain a conservation
Monroe County regulations on the portion of the property easement not intended for in accordance with
development.
D. Affordability and Financing Obligations.
relatin to 1' FEMA requires that the County meet Environmental Justice standards
g Project affordability in order to receive FEMA funds for Key Largo Trailer Village.
2. The County believes that the Environmental Justice criteria will be
necessary at a minimum throughout the County to provide
Income homesteaded property owners and has ado ted a grant to Low and Very Low
P policy in this regard, pursuant to
Resolution 306-2002, attached hereto and marked as Exhibit L. The County has defined Low and
Very Low Income levels in accordance with the HUD definition of 801/o and 50%, respectively,
of the median household income for the County. The Commission adopted this standard based
on staff recommendations, attached hereto and marked as Exhibit M.
3. The County and the District have adopted a guideline for wastewater
system hook-up fees of $2,700 and monthly Operation and Maintenance Fees of $35. These
figures do not include the on -site decommissioning of existing wastewater systems or of the
amortization into monthly fees of any capital costs (lateral hook-up fees).
4. The County will consider' adoption of an Ordinance establishing a
revolving loan fund and low and very low income grant programs by June 2003 and will work
with the District and the Authority to ensure that the programs adopted and implemented are fair
and equitable across wastewater jurisdictions.
E. Assistance during transition. The County agrees to continue working with,
the District, as is reasonable, to effect an orderly transition in the governance of the District
wastewater services.
SECTION 2.04. DUTIES AND RESPONSIBILITIES OF THE DISTRICT.
A. Financial Commitment. The District must establish, and has established, a
federally -insured account for the funds received by the County at a financial institution
authorized by State law to receive deposits of public funds. The District must deposit the County
loan funds or other funds provided directly to the District in said account.
B. Affordability and Financing Obligations. The District agrees to adopt similar
affordability and user financing standards as provided in Exhibit L attached hereto and
contemplated in the near future by the County, including the establishment of low interest
revolving loan fund programs or grant programs for low and very low income homesteaded
households.
C. Records.
I. For all funds forwarded or transferred to the District under this
Agreement, the District must establish fiscal control and fund accounting procedures that comply
with generally accepted government accounting principles, satisfactory to the County's Clerk, in
order to assure that the County fiords forwarded or transferred to the District are spent for the
Purposes set forth in this Agreement. All District financial records pertaining to this Agreement
must be made available, upon request, to the County Clerk, an auditor employed by the County
or State of Florida. Any funds forwarded or transferred by the County to the District under this
Agreement that are determined by the Clerk, an auditor employed by the County or the State to
have been spent on a purpose not contemplated by this agreement must be paid `back to the
County with interest calculated pursuant to Section 55.03(1), Florida Statutes, from the date the
auditor determines the funds were expended for a purpose not authorized by this Agreement. The
District agrees to provide the County Clerk and Administrator with quarterly status reports
concerning the expenditure of County funds in sufficient detail to demonstrate compliance with
the provisions of this Agreement.
2. Said records must be available for public scrutiny during regular hours of
operation and must be available within a reasonable time to auditors employed by the Con or
the Clerk of the Circuit Court upon request. h'
D. Projected Commitment. The District acknowledges the time and
commitment put into completing the Key Largo Trailer Village and the Key Largo Park pro projects
to date by the County and the Authority. J
1. To the best of its ability, the District commits to completing the Key Largo
Trailer Village and Key Largo Park appropriated projects within the constraints of the funds riated t
date. P o
2. The District agrees to pursue agreements through FEMA and DCA to have,
committed Phase II funds for initiating and completing
Largo Trailer Village as the Authority completes its cmmitmentt ffinal or l'nhadseco funds construction
of Key
and follow through with preliminary, engineering documents and finalization of the
environmental assessment process for Key Largo Tsite specific
railer Village.
3. The District agrees that it will be bound'by all substantive terms of an
federal, state or local grant which is transferred to it as sub -grantee. y
E. Cooperation. In the event bids for the Key Largo Trailer Village project and the
Key Largo park project exceed the Districts projected budget for the projects, the Distric in
cooperation with the County, FDEP and FEMA, will evaluate three options: 1
scope of work to the bidders; (2) conduct "value en ineerin " P () provide a revised
addition, the District will use due diligence in locatin �additional� or (3) re -bid the projects. In
any revenue shortfalls as a result of higher_than-expectged bids.
t sources m order to meet
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01. RECORDING; EFFECTIVE DATE.
A. This Agreement, and any amendment hereto, shall be filed with the Clerk of the
Circuit Court for Monroe County, Florida, as required by Section 163.01(11), Florida Statutes.
B. This Agreement shall become effective u
Authority and the District as provided herein.upon execution hereof by the County, the
C. This Agreement must be approved b
Affairs ithe d th�D Emergency Management
Agency, the Florida Department of Community
Protection of the State of Florida. Partment of Environmental
SECTION 3.02. AMENDMENT.
This Agreement shall not be modified or altered except by another written agreement
executed by the County, the Authority and the District.
IN WITNESS WHEREOF, the County, the Authority and the District have caused this
Interlocal Agreement to be duly executed and entered into on the date first above written.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor/C n
Clerk
By: & (1 '
Deputy Clerk d_ a
THE FLORIDA KEYS AQUEDUCT
(SEAL) AUTHORITY
Lein
ATTEST. %-merman
Clerk
THE KEY LARGO WASTEWATER
(SEAL) TREATMENT: DISTRICT
By:
ATTEST: Chairman
s
Clerk
.B OP�PWAS-70R
DATE
10
SECTION 3.02. AMENDMENT.
This Agreement shall not be modified or altered except by another written agreement
executed by the County, the Authority and the District.
IN WITNESS WHEREOF, the County, the Authority and the District have caused this
Interlocal Agreement to be duly executed and entered into on the date first above written.
By: C .
Deputy Clerk
(SEAL)
(SEAL)
ATTEST:
Clerk �.—�(P_ 03
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
• d mm- !/�;�df ,
I
THE FLORIDA KEYS
Un
QUEDUCT
T a3
InterisAxecutive Director
as authorized by FKAA Board 2/20/03
THE KEY LARGO WASTEWATER
TREATMENT ISTRICT
By:
Chairman
Monroe C09Mty Clerk's Dam OrW
10
1 .. �' + ._
�.. { ,
:t
Exhibit A
RESOLUTION OF INIONR
AQUEDUCT AUTHORITY
MONROE COUNTY RESOLUTION # 093-2002
FKAA RESOLUTION # 02-08
A JOINT RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AND THE
FLORIDA KEYS AQUEDUCT AUTHORITY RELATING
TO THE PROVISION OF WASTEWATER FACILITIES IN
THE KEY LARGO AREA OF MONROE COUNTY,
FLORIDA; PROVIDING FOR A COMMITMENT TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN
ORDER TO PRESERVE AND SECURE CERTAIN GRANT
FUNDING FOR WASTEWATER PROJECT(S) IN THE KEY
LARGO AREA PROVIDING FOR MATCHING FUNDING
BY MONROE COUNTY; PROVIDING FOR
REIMBURSEMENTS BY MONROE COUNTY TO THE
FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDINGs
FOR THE DEVELOPMENT OF A CRITICAL EV)ENTS
SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY
MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A
WASTEWATER PROJECT IN THE KEY LARGO AREA;
PROVIDING THAT THIS JOINT RESOLUTION BE
DEEMED AN INTERLOCAL AGREEMENT PURSUANT
TO SECTION 163.01, FLORIDA STATUTES; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE
FLORIDA KEYS AQUEDUCT AUTHORITY THAT:
SECTION 1. FINDINGS. It is ascertained, determined and declared that:
(A) The Florida Keys Aqueduct Authority (the "FKAA") is a special purpose local
government charged with the authority to provide wastewater facilities and services in
unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under
Chapter 76-441, Laws of Florida, as amended.
(B) Monroe County and the FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between Monroe
County and the FKAA for the development of wastewater facilities and services in Monr oe
County.
(C) Under Public Law 106-31, the Emergency Supplemental Appropriations
fiscal year 1999 (1249 and 1259 Unmet Needs Program), a supplemental a r Act for
made available to Monroe County for wastewater projects in the Keyo
Larg Pp Premised d was
the authority of the FKAA to provide wastewater facilities and service upon
unincorporated portions of Monroe County, the FKAA has been designated as subs within the
the Unmet Needs Program to receive and expend grant funds for a wastewater r grantee under
Key Largo area. The Federal Emergency Management A enc and
S in the
Florida Department of Community Affairs ("DCA") charged with"administer administering the State of
are ch
the Unmet Needs Program. g grants under
(D) In order to secure grant funding under the Unmet Needs Program, FEMA
advised Monroe County that Monroe County and EKAA must rovide a has
immediately develop and implement wastewater project(s) ! Pthe Key firm commitment to
foregoing grant funds under the Unmet Needs Program will be withdrawn. y Largo area or the
(E) Further, FEMA has advised Monroe County and F
to proceed will require the development of a set of "Milestones" o n� cthaal events firm
o advance,meet
develop and implement the construction of the contemplated wastewater Project(s) s
Largo area and that such "milestones" or critical events thereafter must be diligently y
accomplished in order to continue to' -secure grant fundingand P � () in the Key
g Wily and timely
under the Unmet Needs Program.
by
(F) It is recognized and agreed that the FKAA has no independent source of fund
the Key Largo Wastewater Project(s) and is acting hereunder on reliance upon Monr s for
and the Unmet Needs Program in order to fulfill its obligations hereunder. oe County
SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to
secure wastewater project funding under the Unmet Needs Program for the Ke
Monroe County commits and agrees as follows: Y ego area,
(A) Monroe County shall immediately appropriate and fund all matchingf
requirements of local government under the Unmet Needs Program grant requirements. and
County will forward
7s reSA Ilt�nn c. to FKAA entry percent _J_. o Monroe
o t L f the rem»red 1cx�a1 ma•..t,
- - ucwu oy PKAA as security for the local match in a separate
fund and used for the Key Largo wastewater project(s), and otherwise segregated from funds of the FKAA. Monroe County will subsequently make local match reimbursements
the a " royal of the federal/state reimbursements a ly m ' g om all other
i?P bursements upon
recover Monroe County's local match contribution from user fees and/or special al assent essments.
ss parties to
P essments.
'(B) Monroe County reaffirms and acknowledges its obligation
FKAA for all prior legally incurred expenditures related to wastewaterg to reimburse the
Largo area and to pay in full to the FKAA all remaining reimbursements duesativewihin�t the Key
days of the effective date of this resolution. thirty (30)
(C) Monroe County commits to obtain and convey to the FKAA in fee simple
Proposed wastewater treatment plant site approved by FEMA at Mile Marker 100.5 t the
Marker 100.5 Site"). Time is of the essence in acquiring the Mile Marker 100a ahe
.5 Site the
Monroe
County shall exercise its powers of eminent domain if it cannot otherwise expeditiously
negotiate the purchase for the site. It is recognized that the cost to acquire the site is an eligible
expense from funding under the Unmet Needs Program and/or the required matching grant
dollars.
(D) Within fifteen (15) days after the effective date hereof, the FKAA shall propose
the area(s) that will be served by the Mile Marker 100.5 Site,) (sometimes commonly referred to
as a "hot spot") Monroe County shall be responsible for affirming and approving by resolution
the proposed area(s) to be served within thirty (30) days thereof.
(F) _ Monroe County shall work diligently with the FKAA to develop and adopt,
.within sixty (60) days of the effective date hereof, a subsequent joint resolution which will
provide a series of milestones or critical events, acceptable to the FKAA and FEMA for the
completion ofwastewater projects) in the Key Largo area.
(G) Monroe County agrees to timely implement the foregoing critical events schedule
adopted by the FKAA and Monroe County as approved by FEMA.
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to
secure wastewater project funding. under the Unmet Needs Program for. the .Key Largo area, the
FKAA commits and agrees as follows:
(A) FKAA shall work diligently with Monroe County to develop and adopt, within
sixty (60) days of the effective date hereof, a subsequent joint resolution which will provide a
series of milestones or critical events, acceptable to Monroe County and FEMA, for the
completion of wastewater project(s) in the Key Largo area (using the Mile Marker 100.5 Site).
(B) FKAA agrees to timely implement the critical events schedule adopted by the
FKAA and Monroe County as approved by FEMA; provided however, that all FKAA activities
called for under this resolution shall be paid as an eligible expense from funding under the
Unmet. Nceds Program and/or the required matching grant dollars, or otherwise reimbursed to
FKAA_ by Monroe County.
(C) the creation, establis and or anization of the Key Largo Wastewater
T eatment District (the, "District") by the. Florida Legislature as an in epen en spc r se
Local bvernment, the FKAA agrees to convey or otherwise transfer all wastewater acr > res and
responsibilities.to e. istrict without addit' ' iii cost (other: t an vil reimbursement as set forth
u section above) upon the District's unqualified acce tance an assumption of all
liability .and responsibility associated t erewith. Any such transfer shall be first su sect to
rov by, FEMA an
SECTION 4. INTERLOCAL AdREEMENT.
(A) This Resolution constitutes a joint exercise of power, privilege or authority by and
between Monroe County and the FKAA and shall be deemed to be an "Interlocal Agreement"
within the meaning of the Florida Interlocal Cooperation Act of 1969 as amended. Thi
Resolution shall be filed with the Clerk of the Circuit Court of Monroe County. s
(B) This Resolution shall remain effective until the Unmet Needs Program grant
funding addressed by this resolution is expended for wastewater project(s) in the Key Largo area;
or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and until the
FKAA has been fully paid all sums as required hereby.
SECTION 5. SEYERABIL• TY. Any provision of this Resolution shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not inval'
render unenforceable any other provisions thereof. date or
PASSED AND ADOPTED by the Board of CoyRty Commissioners, Monroe Count,
Florida at a regular meeting of said Board held on this � day of February 2002. y
Mayor Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Nora Williams
Danny L. Kolhage, Clerk
B
eputy Cle
-b1d :11NH00 30l1HON.
30dH10.H�,'1 1pl tiNNO
SO :0 Nd 1- Zoo,
080038 80J 0311.E
Yes
Absent
Yes
-Xes_
-3Cas._
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor/Chairpers
Appp.OVED AST•FORM �`�'��
OVE
2002. DULY ADOPTED by the Florida Keys Aqueduct Authority this day of February
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL) By, c
Atts1 ohn ,M. Koenig. hait7nan
athryn A: vide,'Redording.Clerk of Recoil
JAB ONDSX2000141 551ResolutionsUD-2.RESOLUPION.02_ I 1_02.DOC
Exhibit B
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY
JES BUSH
Governor
AFFAIRS
"Dedicated to making Florida a better place to call home"
September 9, 2002
STEVEN M. SEIBERT
Secretary
Mr. Roger Braun, Executive Director RECEIVED
Florida Keys Aqueduct Authority
1100 Kennedy Drive SEP 1.7 2002
Key West, Florida 33040
Re: FEMA Project 1249-25 EXECUTIVE OFFICE
Key Largo Waste Water System Project
Dear Mr. Braun:
Enclosed is the executed Unmet Needs contract (DCA No: 03U ' -6F-1 1-54-15-195)
between the Florida Keys Aqueduct Authority and the Department of Community Affairs. Upon
completion of the work identified in the contract, a Request for Payment form (Attachment E)
should be completed and submitted to the Department for processing in accordance with
Paragraphs (4) and (16) of the Agreement.
If you have any specific questions regarding the contract or the Request for Payment
form, please call Minerva Fields at 850/413-9947.
Respectfully,
W. Craig Fugate, Director/
Division of Emergency Management
WCF:mf
Enclosures
2555 SHUMARD OAK BOULEVARD - TALLAHASSEE. FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htIP://www.dca.stale.If us
CRITICAL STATE CONCERN FIELD OFFICE
2796 O—Sess H-V-3y, SWe 212
Mar W—. FL 33050,2227
1305)7e9.2402
COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING i COMMUNITY DEVELOPMENT
7555 assee.ro 32 9%210 ra 2555 Shuman? Oak Balevard 2555
o) as-2356 77T4L7t00 Taeahassee.FL 32399.2100 h3ssee. FL3 3992100
Ie50).6e-7756 (e50) 413-9969 Tasahassee, FL �2799.7100
(eso).ea`795e
SEP 17 2002
Contract Number:03UN-6P-11-54-15-1ol5
f T1IV -E OFF I C;E
CFDA Number: 83.548
DISASTER RELIEF FUNDING AGREEMENT
This Agreement is between the State of Florida, Department of Community Affairs (the
"Department"), and the Florida Keys Aqueduct Authority (the "Recipient"). This Agreement is
based on the existence of the following conditions:
WHEREAS, Hurricane Georges had a devastating impact upon the State of Florida; and
WHEREAS, the severity of the damage and losses resulted in a declaration of emergency
by the Governor in Executive Order 98-232; and
WHEREAS, in consequence of Hurricane Georges, the President of the United States
declared Hurricane Georges a major emergency in FEMA-1249-DR-FL, Florida Keys Nqucduct
Authority; and
WHEREAS, the Agreement between the State of Florida and the Federal Emergency
Management Agency ("FEMA") governing the use of such funds requires the State to share the
costs eligible for federal financial assistance, and the State has undertAken to share those costs
with its Recipients; and
WHEREAS, Chapter 00-166. Laws of Florida, in Specific Appropriation 1249- Georges-
1406L appropriates funds for Hurricane Georges; and
WHEREAS, under the Emergency Management Act, as amended, the Department has
authority to administer federal financial assistance from FEMA consequent to a presidential
declaration of disaster; and
WHEREAS, the Department has received these grant funds from the federal government,
and has the authority to recipient these funds to the Recipient upon the terms and conditions
hereinafter set forth; and
WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein.
Based upon the existence of the foregoing conditions, the parties agree to the following:
(1) SCOPE OF WORK.
01 1t RepC1pieht--'sJ"J)y perform the obligations in accordance with the Budget -and
tlt�S.(g)WpfoF �pchment 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, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin March 1, 2002 and shall end twenty-four (24) months from
the date of execution, unless terminated earlier in accordance with the provisions of
paragraph (9) of this Agreement.
(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 § 215.34(2), Fla tat. 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 (51/o) of the face amount of the
check or draft.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to
the federal "Common Rule: Uniform Administrative Requirements for State and
Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110,
"Grants and Agreements with Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "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 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.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
(d) 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) REPORT
(a) At a minimum, the Recipient shall provide the Department with quarterly reports,
and with a close-out report.
(b) Quarterly reports are due to be received by the Department no later than 30 days
after the end of each quarter of the program year and shall continue to be
submitted each quarter until submission of the administrative close-out report.
The ending dates for each quarter of the program year are March 30, June 30,
September,30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
3
(d) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they are completed or may take such other
action as set forth in paragraph (9). The Department may terminate the
Agreement with a Recipient if reports are not received within 30 days after written
notice by the Department. "Acceptable to the Department" means that the work
product was completed in accordance with generally accepted principles and is
consistent with the Budget and Scope of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
(f) The Recipient shall provide additional reports and infon-nation as identified in
Attachment G.
(7) MONITORING.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include,
but not be limited to, on -site visits by Department staff, limite4,scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. Byentering into this
Agreement, the Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department. In the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the
Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Comptroller or Auditor General.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, 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 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, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
(b) 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
tortuous 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
I
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.
(9) 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 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 Agreemept
or any previous Agreement with the Department shall at anytime 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`4s 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 Budget and 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 any one 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 at law or in equity:
5
l . 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;
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 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 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. Notificatidn.of suspension or termination shall include notice
of administrative hearing rights and time frames.
(e) Failure of the Recipient to comply with the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate
suspension.of payments, the immediate termination of this Agreement, or the
return of all ineligible funds to the Department.
(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
C.1
Recipient for purpose of set-off until such time as the exact amount of damages
due the Department from the Recipient is determined.
(10) 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:
Mr. Miles Anderson, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs ,
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 922-4442
Fax: (850) 922-1259
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. Roger Braun, Executive Director
Florida Keys Aqueduct Authority
1100 Kennedy Drive
Key West, Florida 33040
Telephone: 3 05-296-2454
Fax: 305-296-352 l
(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 (10)(a) above.
(l l) 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,
7
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 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, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans Widit Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et se , 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 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 or
discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
.and which receives funds under this agreement from the federal government, the
Recipient certifies, to the best of its knowledge and belief, that it and its
principals:
N.
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2. have not, within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any
offenses enumerated in paragraph l 1(g)2. of this certification; and
4. have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable to certify to any of the statemenwin this certification, such
Recipient shall attach an explanation to this agreement.
(12) 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 the records, reports or
financial statements upon request for the purposes of auditing and monitoring the
- funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised, and in the event that the Recipient
expends 5300,000 or more in Federal awards in its fiscal year, the Recipient must
have a single or program -specific audit conducted in accordance with the
provisions of OMB Circular A-) 33, as revised. EXHIBIT I to this Agreement
9
indicates Federal resources awarded through the Department by this Agreement.
In determining the Federal awards expended in its fiscal year, the Recipient shall
consider all sources of Federal awards, including Federal resources received from
the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133,
as revised. An audit of the Recipient conducted by the Auditor General in
accordance with the provisions of OMB Circular A-] 33, as revised, will meet the
requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above, the
Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart
C of OMB Circular A-133, as revised.
if the Recipient expends less than S300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-] 33, as revised, is not required.
In the event that the Recipient expends less than S300,000 in Federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of OMB Circular A-] 33, as
revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit
must be paid from Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordancd with OMB
Circular A-133, as revised, and required by subparagraph (d) above shall be. submitted, when
required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient
directl to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Department pf Community Affairs
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
10
i
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient
shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133,
as revised, and any management letter issued by the auditor, to the Department at each of the
following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak -Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2106
(g) Any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement shall 'be submitted timely in accordance
with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules.of the Auditor General, as applicable.
(h) -Recipients, when submitting financial reporting packages to the Department
for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the Recipient in correspondence
accompanying the reporting package.
(i) The Recipient shall. retain sufficient records demonstrating its compliance with
the terms of this agreement for a period of five years. from the date the audit report is issued, and
shall allow the Department, or its designee, the Comptroller, or Auditor General access to such
records upon request. The recipient shall ensure that audit working papers are made available to
the Department, or its designee, the Comptroller, or Auditor General upon request for a period of
three!years from the date the audit report is issued, unless extended in writing by the Department.
(j) In the event the audit shows that the eMir' c 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.
11
(k) The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a period of five 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 five-year period, the records shall be retained until
the litigation or audit findings have been resolved.
(1) 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
licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the
applicable provisions noted above.
(13) SUBCONTRACTS.
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.
5
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) 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
Budget and Scope'of Work
Attachment B
Program Statutes and Regulations
Attachment C
Copyright, Patent, and Trademark
Attachment D
Statement of Assurances
Attachment E
Request for Advance or Reimbursement Form
Attachment F
Summary of Documentation
Attachment G
Quarterly Report Form
12
(16) FUNDING/CONSIDERATION.
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not
to exceed the amounts listed in Attachment A, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.18 ] (16), Florida
Statutes. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon' the funds
being equally disbursed throughout the contract term. Fora federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-
110; A-122 and the Cash Management Improvement Act of 1990. If an advance
payment is requested, the -budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment F. ,
Attachment F will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on arrcimbursemcnt basis
as needed. The Recipient agrees to expend funds in accordance with the Budget
and Scope of Work, Attachment A of this Agreement.
(17) 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, 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
1 shall be submitted in accordance with s. 1 12.061, Fla. Stat.
13
(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 ("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 INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(18) LOBBYING PROHIBITION.
(a) 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.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
l . No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2. if any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, the
14
undersigned shall complete and submit Standard Form-LLL, 'Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representative of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction -imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than S 10,000 and not more than $100,000 for each such failure.
0 9) COPYRIGHT. PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment C for terms and conditions relating to
copyrights, patents and trademarks.
(20) 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.
(21) ASSURANCES.
,The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
15
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
Recipient:
Florida Keys Aqueduct Authority
BY:
Name and title: e lkatufc�-v/r
Date: 20 oZ
FEID# v�4o Goo /� 23
STATE OF FLORIDA
DEPARTMENT 'OF COMMUNITY AFFAIRS
W. Craig Fugate, Director, Division of Emergency Management
Date:
16
EXHIBIT —1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 83.548
Amount of Federal Funding: S1,097,143.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded.
STATE_ RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
$182, 8S7.00
MATCHING RESOURCES FOR FEDERAL PROGRAMS: ,
' Federal Program: Federal Emergency Management Agency
'Catalog of Federal Domestic Assistance Number: 83.548
Amount of Federal Funding: S1,097,143.00
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: .
Department of Community Affairs
CSFA Title:
Hazard Mitigation Grant Program
CSFA Number:
N/A
Amount:
$182,857.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE- RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded
17
Attachment A
V
Budget and Scope of Work
The Recipient, the Florida Keys Aqueduct Authority, will complete Phase I, project
planning; site selection, evaluation, and appraisal; plant and system design; and engineering
for the Key Largo Waste Water System project.
The time frame for completing the project will be twenty four(24) months from
the date of the fully executed contract.
This is FEMA project UN1249-25.
I.Funding Summary:
Federal Share: S1,097,143.00 (75.05/o)
State Share: S 182,857.00 (12.5%)
Local Share: $ 182.957.00 (12.55/o)
Total Project Cost: $1,462,857.00 (12.5%)
A-1
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other
applicable FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard. Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment D of this Agreement
B-1
Attachment C
Copyright, Patent and Trademark
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent
or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of work
or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Department for a determination
whether patent protection4ill be sought in the name of the State of Florida. Any and all
patent rights accruing under or in connection with the performance of this Agreement are
hereby reserved to the State of Florida. In the event that any books, manuals, films, or
other copyrightable material are produced, the Recipient shall notify the Department.
Any and all copyrights accruing under or in connection with the performance under thi$
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall, disclose all
intellectual properties relevant to the performance of this Agreement which he or she
knows or should know could give rise -to a patent or copyright,' The Recipient shall retain
all rights and entitlements to any pre-existing intellectual property which is so disclosed.
Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which occur -during
performance of the Agreement.
C-1
Attachment D
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed
program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or
similar action authorizing the execution of the hazard mitigation grant agreement with the
Department, including all understandings and assurances contained therein, and directing
and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information.as may be
required;
(c) No member of or delegate to the Congress of the United States, and no Resident
Commissioner, shall be admitted to any share or part of this agreement or to any benefit
to arise from the same. No member, officer, or employee of the Repipienfor its designees
or agents, no'member of the governing body of the locality in,which the program is
situated, and no other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his tenure or for one year
thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the program assisted under
this agreement. The Recipient shall incorporate or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to the purpose
state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source,
shall contain language to provide for termination with reasonable costs to be paid by the
Recipient for eligible contract work -completed prior to the date the notice of suspension
of funding was received by the Recipient. Any cost incurred after a notice of suspension
or termination is received by the Recipient may not be funded with funds provided under
this Agreement unless previously approved in writing by the Department. All Recipient
contracts shall contain provisions for termination for cause or convenience and shall
provide for the method of payment in such event;
D-1
(e) It will comply with:
(]) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.,
requiring that mechanics and laborers (including watchmen and guards) employed
on federally assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a
work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that
covered employees be paid at least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates for all hours worked in excess
of the prescribed work -week.
(f) It will comply with:
(1) 'Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the
grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program
or activity for which the Recipient receives Federal financial assistance and will
immediately take any measures necessary to. effectuate this assurance. If any real
property or structure thereon is provided or improved with the aid of Federal
financial assistance extended to the Recipient; this assurance shall obligate the
Recipient, or in the case of any' transfer of such property, any transferee, for the
period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits;
(2) Any, prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified handicapped
individuals as provided in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be
discriminated against on the basis of race, color, religion. -sex or national origin in all
phases of employment during the performance of federal or federally assisted
construction contracts; affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of pay or other forms of compensation; and election for
training and apprenticeship;
D-2
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101
336, 42 U.S.C. Section 12101 e"se .), where 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;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is
or gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FL.;
(i) It will comply with the Anti -Kickback Act of 1986,41 U.S.C. Section 51 which outlaws and
.prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(j) It will comply with theprovisions of 18 USC 594, 598, 600-605 (furtherknown as the Hatch
Act) which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood
Disaster Protection Act of 1973 as amended, 42 USC 4002-4107,.intluding requirements
regarding the purchase of flood insurance in communities. where such insurance is available
as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use -in any area .having special flood hazards. The phrase "Federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance;
(1) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with
the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR
Section 101-19.6 for general type buildings and Appendix A to. 24 CFR Part.40 for
residential structures. The Recipient will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor;
(m) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic
Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the
Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.)
by:
(1) Consulting with the State Historic Preservation Office to identify properties
listed in or eligible for inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR Section 800.8) by the
proposed activity; and
D-3
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement
Among the Federal Emergency Management Agency, the Florida State
Historic Preservation Office, the Florida Department of Community
Affairs and the Advisory Council on Historic Preservation, (PA)" which
addresses roles and responsibilities of Federal and State entities in
implementing Section 106 of the National Historic Preservation Act (NHPA),
16 U.S.C. 470f, and implementing regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible
scope of work in consultation with the State Historic Preservation Office
(SHPO) and suggest methods of repair or construction that will conform with
the recommended approaches set out in the Secretary of Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings 1992 (Standards), the Secretary of the Interior's !Guidelines for
Archeological Documentation (Guidelines) (48 Federal Register 44734-
37), or any other applicable Secretary of lnteii'or standards. If FEMA
determines that the eligible scope of work will not conform with the
Standards,
Recipient agrees to participate in consultations to develop, and, after
execution by all parties, to abide by, a written agreement that establishes
mitigation and recondition measures, including but not limited to, impacts to
archeological sites, and the salvage, storage, and reuse of any significant
architectural features that may otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Department if any project funded
under this Agreement will involve ground disturbing activities, including, but
not limited to: subsurface disturbance; removal of trees; excavation for
footings and foundations; and installation of utilities (such as water, sewer,
storm drains, electrical, gas, leach lines and septic tanks) except where these
activities are restricted solely to areas previously disturbed by the installation,
replacement or maintenance ofsuch utilities. FEMA will request the SHPO's
opinion on the potential that archeological properties may be present and be
affected by such activities. The SHPO will advise Recipient on any feasible
steps to be accomplished to avoid any National Register eligible
archeological property or will make recommendations for the development
of a treatment plan for the recovery of archeological data from the property.
D-4
If Recipient is unable to avoid the archeological property , develop, in
consultation with the SHPO, a treatment plan consistent with the Guidelines
and take into account the Advisory Council on Historic Preservation
(Council) publication 'Treatment of Archeological Properties". Recipient
shall forward information regarding the treatment plan to FEMA, the SHPO
and the Council for review. If the SHPO and the Council do not object
within IS calendar days of receipt of the treatment plan, FEMA may direct
Recipient to implement the treatment plan. If either the Councilor the SHPO
object, Recipient shall not proceed with the project until the objection is
resolved.
(6) Recipient shall notify the Department and FEMA as soon as practicable: (a)
of any changes in the approved scope of work for a National Register eligible
or listed property; (b) of all changes to a project that may result in a
supplemental DSR or modify an HMGP project for a National Register
eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentified property that may be eligible
for inclusion in the National Register or affect a known historic property in
an unanticipated manner. Recipient acknowledges that FEMA may require
Recipient to stop construction in the vicinity of the diseovery'of a previously
unidentified property that may be eligible for'nclusion in the National
Register or upon learning that construction may' affect a known historic
property in an unanticipated manner. Recipient further acknowledges that
FEMA may require Recipient to take all reasonable measures to avoid or
minimize harm to such property until FEMA concludes consultation with the
SHPO. Recipient also acknowledges that FEMA will require, and Recipient
shall comply with, modifications to the project scope of work necessary to
implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise,
it shall not receive funding for projects when, with intent to avoid the
requirements of the -PA or the NHPA, Recipient intentionally and
significantly. adversely affects a historic property, or having the legal power
to prevent it, allowed such significant adverse affect to occur.
(n) It will comply with Title IX of the Education Amendments of 1972,.as amended (20 U.S.C.:
1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(o) It will comply .with the Comprehensive Alcohol 'Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
D-5
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3
and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;
(q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-
6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for research,
teaching, or other activities supported by an award of assistance under this agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and. 42 3601-
3619, as amended, relating to non-discrimination in the sale, rental, or financing of housipg,
and Title VJ of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on
the basis of race, color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 740'1-7642;
(y) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C: 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969,42 U.S.C. 43214347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground
water sources;
w
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance
and Property Acquisition Policies Acl of 1970, 42 U.S.C. 4621-4638, which provide for fair
and equitable treatment of persons displaced or whose property is acquired as a result of
Federal or federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO H 990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier. Resources Act of 1977, 16 U.S.C. 3510;''
(hh) It will assure project consistency with -the approved State program developed under the
Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
GO It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with
the obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation ofall qualifiedpersonnel, licenses and all equipment necessary.
to inspect buildings located in Recipient's jurisdiction to detect the presence of
asbestos and lead in accordance with requirements of the U.S. Environmental
Protection Agency, the Florida Department of Environmental Protection and the
County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a.. Safety Hazards Present
b. Health Hazards Present
C. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
D-7
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163),
11. Comply with all applicable standards, orders, or requirements issued under Section
112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 ofthe Clean Water
Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any
subcontracts.
12. Provide documentation of public notices for demolition ,activities.
t+itacnment t,
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement of Funds
Under the Unmet Needs Program
SUBGRANTEE NAME: Florida Kevs ARMSdUE Authority DECLARATION NO: FEMA-1249-DR-FL
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No:r,.•.,• •., DCA Agreement No:03UN-6P-11-54-15-195
FEMA Tracking Number 1249-25
EligibleM:;Mayments
ated Previous Current DCA Use Only
•Amountcal Payments Request
10OVotchApproved Comments%
TOTAL CURRENT REQUEST S
1 certify that to the best of my knowledge and belief the above accounts arc correct. and that all disbursements wen: made -in accordance with all
conditions of the DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL S
ADMMISTRATIVE COST S GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT S
DATE
E-1
Attachment F
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
UNMET NEEDS PROGRAM
Applicant Florida Ke s A ueduct Authority Disaster No.1249
DCA Agreement No. 3UN-6P-11-54-15-195 FEMA Tracking #1249-25
Appficad, Rcfaeecr No. Date of erGvery of QOCUMENTATION Appliew'i
(Want Vorchn. Claim Mick; compkaon of Lip Deewnentatipt (ApplieanP, p L �� pM
CAed6 or seArdrk No.) worts or perfonnmca owned o(awkwt stock appli 4 100% a Caas
e'9w0�nr aa/ taamr of verdor or eoweaaor) by eresoy and liwa Man in 100lb
services. tba *W—d pojm ,pplieaeion and live a brief &=6ptio. of d„ aracks or
TOTAL
F-1
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
UARTERLY REPORT FORM
SUBGRANTEE: Florida Kev Aqueduct Authority.
PROJECT LOCATION: Waste Water
DISASTER NUMBER: FEMA-DR-1249-FL
Project Number #:124 •25
DCA ID #: 1 N-t5P-11-54 15 E
QUARTER ENDING:
Percentage of Work Completed (may be confirmed by state inspectors):
Project Proceeding on Schedule:
[)Yes [) No - .
Describe milestones achieved during this quarter:
*� Provide.a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [ ] Cost Unchanged [ ] Under Budget [) Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at any time. Events may occt
between quarterly reports which have significant impact upon your project(s), such as anticipated overruns changes
etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non -compliant with your u wore
award, p your subgra�
Name and Phone Number of Person Completing This Form
G-1
Exhibit C
w� r'ederal Emergency Management Agency
Region IV
3003 Chamblee -Tucker Rd
Atlanta, GA 30341
e o
September 18, 2002
Mr. W. Craig Fugate, Director
Florida Divison of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Reference: Florida Keys Aqueduct Authority Key Largo Wastewater System under Public Law
106-31, Emergency Supplemental Appropriations -Act for Fiscal Year 1999 (1249
and 1259 Unmet Needs Program)
Dear Mr. F ate:
Goa
This letter is to respond to several questions your staff raised during a recent conference cell.
The questions have to do with the upcoming election of an independent sewer board for Key
Largo. Once enacted, the Florida Key Aqueduct Authority (FKAA) will undergo ,a transition to
allow the independent board to be the subgrantee for the Key Largo wastewater project. This
letter is consistent with earlier letters that defined the process and was -'agreed to by the State and
the subgrantee. The following are the answers to the specific questions you raised regarding this
transition and how it relates to the Key Largo wastewater project:
Does the Key Largo independent sewer board have the flexibility to change the scope of the
Unmet Needs Key Largo Wastewater Project?
The independent sewer board has absolutely no flexibility to change the scope of this project as it
is currently being reviewed. A preferred treatment site alternative at Mile Marker 100.5 and a
preferred service area alternative at the Key Largo Trailer Village have been selected and the
Federal Emergency Management Agency (FEMA), State of Florida, Monroe County and the
Florida Keys Aqueduct Authority have invested considerable time and resources into completing
the required eligibility and environmental review of these areas. Any deviation from this process
would be considered an "out -of -scope" change and funds would be withdrawn.
Most significantly, the Unmet Needs projects had an appropriations period of availability of two
years that expired on September 30, 2001. The Key Largo project is past its period of
appropriation availability and the funds have been conditionally obligated in order to keep the
project viable. In consultation with the FEMA Office of Financial Management (OFM), grant
funds are to be spent for the purposes and objectives of the grant. Once the period of availability
has expired, any change in the subgrantee, change in the geographic area of the project, or
change in the type of the project would be considered an "out of scope" change. These types of
changes would be in violation of the appropriations law and the grantee and subgrantee would
have to forfeit its federal funds. In consultation with OFM, the subgrantee can be changed only
after the environmental review process is complete and the funds have been obligated and
approved, which will be detailed in the next paragraph.
What is the procedure for the transitlon to the indepeddent sewer board and when would
they assume responsibility for the project?
As outlined in previous letters to the State and FKAA regarding this project, the current
subgrantee (Florida Keys Aqueduct Authority and Monroe County) must remain the subgrantee
until .th__prc ject has completed the entire environmental compliance pi=oces§, per'the National
EnvironmentaTPolicy Act (NEPA) and related statutes,* (including completion of a site specific
environmental review document and associated public meeting); the funds have been obligated
in an approval letter from FEMA. to the State of Florida; and the State of Florida has developed a
contract with the FKAA. At that point, a transition plan between FKAA and the independent,
sewer board will have to be drafted with assurances that the original scope of work (be specific)
and its associated site development requirements (environmental mitigation measures, etc) will
be implemented. A draft of this plan should be submitted to FEMA and the State for review and
concurrence. Any failure to implement the original scope of work and grant requirements will
result in the funds being withdrawn by FEMA.
When will the site -specific environmental compliance public meetings beheld?
The timeframe for the site -specific NEPA public meeting is entirely dependent on the FKAA
providing FEMA with the preliminary design and engineering information for the entire project
(comparable to the Boyle Engineering report prepared for the Conch Kty project - Hawk's Cay
alternative), such that a draft NEPA document can be prepared. The information requirements to
complete the NEPA document have been discussed previously with the FKAA (list of questions
given), most recently on August 2, 2002. This information is needed to effectively describe and
analyze the project's affects to a broad range of environmental resources. In fact, FEMA has
approved Phase I grant funding to facilitate this information gathering process. The above
applies to each of the wastewater projects (Key Largo, Conch Key and Bay Point). It is our
understanding from the subgrantee that we would be receiving the Key Largo preliminary design
and engineering work by the end of September 2002. Once we receive this information, we can
begin the NEPA process. This would include releasing a public notice of intent to prepare a
NEPA document, conducting remaining agency consultations, drafting the NEPA document,
releasing it to the public and agencies for comment, and conducting a public meeting.
To summarize the letter, this grant is past its period of performance. The subgrantee and,
selected preferred treatment site and service area alternative cannot be changed. Therefore, the
County and. the FKAA must remain the subgrantee until the NEPA environmental review
process is complete and the funds have been obligated.
If you have any questions, please contact Lawrence Frank of my staff at (770) 220.5438
Sincerely, X.
A. Todd Davison, Director
Federal Insurance and Mitigation Division
TOTAL P.03
Exhibit D
JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS
AQUEDUCT A HORTTY
MONROE COUNTY RESOLUTION it - - - ----
FKAA RESOLUTION # 0 2 - 2 5
A JOINT RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AND THE FLORIDA KEYS
AQUEDUCT AUTHORITY RELATING TO THE PROVISION
OF WASTEWATER FACILITIES ITV THE KEY LARGO AREA
OF MONROE COUNTY, FLORIDA; PROVIDING FOR A
COMMITMENT TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("FDEP-) TO PRESERVE
AND SECURE CERTAIN GRANT FUNDING FOR A
WASTEWATER PROJECT IN THE KEY LARGO AREA
PROVIDING FOR REQUIRED FUNDING BY MONROE
COUNTY FOR THE PROJECTS PLANNING/DESIGN;
PROVIDING FOR THE COUNTY'S SHIP PROGRAM
SUPPORT: PROVIDING FOR THE DEVELOPMENT OF A
CRITICAL EVENTS SCHEDULE ACCEPTABLE TO FDEP IN
ORDER TO IMPLEMENT A WASTEWATER PROJECT IN
THE KEY LARGO. AREA; PROVIDING FOR TRANSITION.
TO THE GOVERNING BOARD OF THE KEY LARGO
WASTEWATER TREATMENT DISTRICT; PROVIDING THAT
THIS JOINT RESOLUTION BE DEEMED AN INTERLOCAL
AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA
STATUTES; PROVIDING FOR SEVERABILTTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE FLORIDA KEYS
AQUEDUCT AUTHORITY THAT:
SECTION 1. FINDINGS. It is ascertained, determined and declared that:
(A) The Florida Keys Aqueduct Authority (the "FKAA") is a special purpose
local government charged with the authority to provide wastewater facilities and
services in unincorporated Monroe County pursuant to a Special Act of the Florida
Legislature under Chapter 76-4.41, Laws of Florida, as amended.
(B) Monroe County and the FKAA have entered into various memoranda of
understanding and other agreements that describe shared responsibilities between
Monroe County and the FKAA for the development of wastewater facilities and
services in Monroe County.
(C) Under the State of Florida's 2002-03 General Appropriations Act, Line
Item 1765A, Fixed Capital Outlay, Keys Wastewater Management Plan
Implementation from Land Acquisition Trust Fund, a specified appropriation was
made available to Monroe County for Key Largo In the amount of One Million Six
Hundred and Sixty Thousand Dollars ($1,660,000.00).
(D) In order to secure grant funding FDEP has advised Monroe County that
Monroe County must provide a firm commitment. to immediately develop and
Page 1 of 4
implement a project in the Key Largo area inclusive of a detailed application
submittal as outlined by FDEP, no later than August 19, 2002_
(E) Further, it is specified under the State of Florida's 2002-03 General
Appropriations Act, Line Item 1765A, Fixed Capital Outlay, Keys Wastewater
Management Plan Implementation from Land Acquisition Trust Fund that project
sites necessary to project viability must have been acquired, construction bids or
design/build proposals must have been evaluated, and a system of user charges,
fees, or assessment must have been established no later than March 1, 2003.
(F) Monroe County has selected the geographical area known as Key
Largo Paris as the designated project area.
(G) Monroe County shall work diligently with the FKAA to develop all
necessary FDEP submittals to meet any FDEP established deadlines inclusive of the
existing August 19, 2002 and the March 1, 2003 deadlines.
SECTION 2. MONROE COUNTY COMMITMENTS. In order to secure the
above stated wastewater project funding for the Key Largo area, Monroe County
commits and agrees as follows:
(A) Monroe County affirms that the SOCC has authorized, the FKAA to be
the local governmental entity responsible for project documentatidrr.required under
the grant program until project transition to the Governing Board of the Key Largo
Wastewater Treatment District ("Governing Board's and hereby authorizes the FKAA
to execute a grant agreement for those requirements with FDEP.
(B) Monroe County shall immediately appropriate and fund Two Hundred
Thousand Dollars ($200,000.00) to complete preliminary project design, engineering
and other FDEP documentation requirements for the Key Largo Park project. Monroe
County shall pay the FKAA on a reimbursement basis for the consultant engineering
services to complete these documentation requirements.. If further County funds are
necessary to complete these documentation requirements, such funds shall be paid
on a reimbursement basis to FKAA upon modifications to this agreement, executed in
writing between the County and the FKAA. All the FKAA financial records pertaining
to this agreement must be made available, upon to request to the Cleric, an auditor
employed by the County or State of Florida. Any funds forwarded or transferred by
the County to the FKAA under this agreement that are determined by the Clerk, an
auditor employed by the County or State of Florida, to have been spent on a purpose
not contemplated by this agreement shall be paid back to the County with interest
calculated pursuant to Sec. 55.03. (1), F.S., from the date the auditor determines the
funds were expended for a purpose not authorized by this agreement.
(C) Monroe County hereby authorizes the County's SHIP Program
Administrator to allocate up to Two Hundred Thousand Dollars ($200,000.00) under
the Low Income Homeowner strategy for direct assistance to qualified applicants
towards the payment of the system connection charge and/or the homeowner's costs
for existing system abandonment and Installation of new laterals.
(D) Monroe County hereby recognizes the pending establishment of the
Governing Board and its duly constituted authority and responsibilities. It is further
recognized that there must be a transition period for project authority and
responsibility between the FKAA and the Governing Board under the FDEP
Page 2 of 4
Agreement_ During the transition period i.e. beginning on the date that the District
Board commences legal existence, and ending on the date when the Districard
n of the
advises the SOCC and FKAAt Board
that it is prepared to take over administratio project) FKAA will, as agent of the BOCC, continue to develop KLp
and promulgate a
Request for Technical Proposal (RFP) to the point that responses to the RFP are
ready to be acted upon. The RFP will state that the District Board will make the
decision to rank the RFP respohdents and to award the contract. FKAA agrees that
its contractual design professional may be utilized by the District Board, at the
Board's election and expense, to assist the Board in evaluating RFP responses. The
Governing Board shall have the authority and responsibility for the project's
contracting and expenditure of the state's Trust Fund Key largo allocation of the
$1,660,000.00.
SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to secure
the above stated wastewater project funding for the Key Largo area, FKAA commits
and agrees as follows:
(A) The FKAA shall be the local governmental entity to be responsible for
Project documentation inclusive of FDEP requirements per the, August 19, 2002
deadline and to negotiate a FDEP grant agreement to secure funding availability in
the amount of $1,660,000 for the Key Largo project.
(B) The FKAA shall only authorize such project development expenditures
as provided for by county funding.
(C) The FKAA hereby recognizes the pending establishment of the
Governing Board and its duly constituted authority and responsibilities. It is further
recognized that there must be a transition period for project authority and
responsibility between the FKAA and the Governing Board under the FDEP
Agreement. During the transition period i.e. beginning on the date that the District
Board commences legal existence, and ending on the date when the District Board
advises the SOCC and FKAA that it is prepared to take over administration of the KLP
project) FKAA will, as agent of the BOCC, continue to develop and promulgate a
Request for Technical Proposal - (RFP) to the point that responses to the RFP are
ready to be acted upon. i -The RFP will state that the District Board will make the
decision to rank the RFP respondents and to award the contract. FKAA agrees that
its contractual design professional may be utilized by the District Board, at the
Board's election and expense, to assist the Board in evaluating RFP responses.
The Governing Board shall have the authority and responsibility for the pmject's
contracting and -expenditure -of the state's Trust Fund Key Largo allocation of the
$1,660,000.00. ,
(D) The FKAA agrees to provide the County Clerk and Administrator with
quarterly progress reports on the use of these County funds, Including providing all
supporting consultant engineering Invoices,' to demonstrate compliance with the
provision of this agreement
SECTION 4. INTERLOCAL AGREEMENT. This Resolution constitutes a joint
exercise of power, privilege or authority by and between Monroe County and the
FKAA and shall be deemed to be an "Interiocal Agreement within the meaning of the
Florida Interlocal Cooperation Act of 1969 as amended. This Resolution shall be filed
with the Clerk of the Circuit Court of Monroe County.
Page 3 of 4
SECTION S. SEVERABILnY. If any provision of this Resolution shall be
held invalid or unenforceable by any court of competent jurisdiction; such holding
shall not invalidate or render unenforceable any other provisions thereof.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on this _21st day of August
2002.
•sit.: �•\ _ i.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Bert Jimenez
Commissioner George Neugent
Commissloner Murray Nelson
L.KOLHAGE, Clerk
Clerk
yes
es
es
es
es
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By,
DULY ADOPTED by the Florida Keys Aqueduct Authority this 21 day of
August 2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
(SEAL) By. \
Attest: n M_ Koeni , Sr. airman
Mary L � Secretary -Treasurer
APMavED AS T
AN GAL S ENCY.
1 ES T. H NDRICK
D E
Page 4 of 4
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, is made and entered into this 14 day of August,
2002, by and between the City of Marathon, Florida (the "City"), and the Florida Keys Aqueduct
Authority (the "Authority").
WITNESSETH
Whereas, the Authority is authorized by Chapter 76-441, Laws of Florida, as amended
and supplemented (the "Act"), to obtain, supply, and distribute an adequate water supply for the
Florida Keys and to collect, treat and dispose of wastewater in the Florida Keys, including the
City; and '
Whereas, the City is not currently served by central sewer facilities which would
,generally be provided and maintained by governmental agencies, and, instead, such areas are
served by cesspits, private septic tanks or individually owned on -site disposal systems or
package sewage treatment plants; and
Whereas, the Florida Keys and the City are in an area of "critical state concern" and are
the home to a complex and dynamic ecosystem whose environment is threatened by elevated
levels of nutrients in surrounding canals and nearshorie waters that are the result of antiquated
wastewater disposal systems and facilities which provide only minimal nutrient removal in the
treatment of wastewater; and
Whereas, the City and the Authority have worked to identify funding sources and grants
from local, state and federal sources to advance the provision of central water and wastewater
services, facilities and programs within the City and it is imperative to the health, safety and
welfare of the citizens of the City that the delivery of such services, facilities and programs be
expeditiously advanced; and
Whereas, the City and Authority desire to cooperatively advance the development and
expansion of the Authority's wastewater system to serve the City. It is the intent and desire of
the City and Authority to utilize all immediately available resources and focus the efforts of the
City and the Authority to develop an efficient and cooperative approach to delivering central
wastewater services, facilities and programs within the City as expeditiously as possible so as not
to lose available funding opportunities therefore and to protect the environment; and
Whereas, the City adopted Ordinance No. 02-07-12 on July 17, 2002, (the "Marathon
Wastewater Facilities Use Ordinance") requiring connection to the Authority's wastewater
facilities by the owners of on -site treatment and disposal systems as such systems are defined in
Chapter 99-395, Laws of Florida; and
Whereas, on July 17, 2002, the Authority adopted Resolution Nd.�02=24 authorizing the
issuance of a S83,000,000 Sewer Revenue Note, Series 2003 ("Sewer Revenue Note"), to secure
a Ioan from the State of Florida Department of Environmental Protection to finance the sewer
system; and
Whereas, on July 24, 2002, the Authority filed a Bond Validation proceeding in the
Circuit Court for the Sixteenth Judicial Circuit seeking to validate, among other things, the
Sewer Revenue Note and the Marathon Wastewater Facilities Use Ordinance (the "Bond
Validation"); and
Whereas, the City has a vested interest in the outcome of the Bond Validation as the
financial viability of the Marathon Central Wastewater project will rely heavily on the success of
the validation proceedings; and
Whereas, the Authority has requested the City to participate in the financing of the Bond
Validation proceedings and the City Council has agreed to do so.
Now Therefore, in consideration of the following mutual covenants the parties agree as
follows:
SECTION 1. BOND VALIDATION EXPENSES.
1-1 The City shall reimburse the Authority for the actual expenses incurred by the
Authority in proceeding with the Bond Validation at both the Circuit Court and appellate levels
in an amount not to exceed $70,000.00. Such reimbursement shall be solely for proceedings
involving the financing of the. Marathon Central Wastewater Project and the Little Venice
Wastewater Project
1-2 If the Bond Validation is upheld by a court of last resort, the Authority shall take
all steps necessary to secure payment of the Bond Validation expenses front. the.utem of the
wastewater system. If the expenses are subsequently paid to the Authority by the users, the
Authority shall repay the City those funds initially provided by the City in Subsection 1.1 _
1.3 The Authority shall on a monthly basis provide the City with a copy of any
invoices for costs and expenses for the processing of the Bond Validation proceeding.
1.4 The City Manager shall be authorized to review and approve payment of invoices
received from the Authority provided that such amounts do not exceed the total dollars specified
in Subsection 1.1. Upon request of the City Manager, the Authority shall provide additional
documentation of costs and expenses.
1.5 Payment by the .City to the Authority for approved reimbursable expenses shall be
made within 45 days of approval by the City Manager.
1.6 Reimbursement to the City by the Authority as specified in Subsection 1.2 shall
be made within.45 days of receipt by the Authority of user funding.
3
SECTION 2. BOND VALIDATION.
2.1 The Authority shall utilize all available resources to diligently prosecute the
Bond Validation proceeding.
2.2 The Authority shall defend the Bond Validation proceedings through appellate
proceedings before the Florida Supreme Court.
2.3 The Authority's legal counsel shall keep the City's legal counsel informed as to
the progress of the proceedings and when necessary confer with the City's legal counsel.
2.4 The City shall make available the appropriate City officials to provide testimony
as may be necessary during the Bond Validation proceedings.
2.5 The Authority shall provide an update of the proceedings to the Wastewater Tazk
Force at each Task Force meeting.
SECTION 3. RECORDING; EFFECTIVE DATE.
3.1 This Agreement shall be filed with the Clerk of the Circuit Court for Monroe
County, Florida, as required by Section 163.01(11), Florida Statutes.
3.2 This Agreement shall become effective upon execution hereof by the City and the
Authority.
SECTION 4. TERMINATION.
4.1 Unless otherwise terminated earlier under this Section, this Agreement shall
continue in full force and effect until either of the following actions occur. the Bonds are
validated and such validation is upheld by the Florida Supreme Court and the City is reimbursed
by the Authority the total funds initially provided under Subsection 1 or the Bond Validation is
2
not supported by the Florida Supreme Court and the City has provided payment to the Authority
as specified in Subsection 1.
4.2 The City may terminate this Agreement by written notice to the Authority if the
Authority unilaterally determines to stop prosecution of the validation proceedings prior to the
issuance of an opinion by the Florida Supreme Court unless the Bond Validation is approved by
the Circuit Court and not timely appealed by any aggrieved party.
4.3 if the Agreement is terminated as specified in Subsection 4.2, the City shall not be
obligated to reimburse the Authority for any expenses incurred by the Authority beyond the date
of the City's Notice of Termination.
SECTIONS. MISCELLANEOUS pROVTSIONS.
5.1 This Agreement shall not be modified or altered except by another written
agreement executed by the City and the Authority.
5.2 No waiver of any provision of this Agreement shall be considered a waiver of any
other provisions of this Agreement.
5.a _ This Agreement shall be construed in accordance with the laws .of the State of
Florida. Venue for any proceeding arising out of the terns or conditions of this Agreement shall
lie in Monroe County, Florida.
5.4 The provisions of this Agreement are severable_ Should any provision of this
Agreement be deemed unenforceable by a court of competent, jurisdiction, the balance of the
Agreement, shall remain in full force and effect.
5
SECTION 6. ;NOTICES.
Any Notices required under this Agrecment shall be considered delivered if sent to the
other party by hand delivery, private mail service, or certified mail return receipt requested as
follows:
FOR CITY:
Craig Wrathell, City Manager
City of Marathon
10045-55 Overseas Highway
Marathon, FL 33050
Telephone: (305) 743-0033
Facsimile: (305) 743-3667
FOR AUTHORITY:
Roger Braun, Executive Director
Florida Keys Aqueduct Authority
1100 Kennedy Drive
P.O. Box 1239
Key West, FL 33041-1239
Telephone: (305) 296-2454
Facsimile: (305) 296-3521
IN WITNESS WHEREOF, the City and the Authority have caused this Interlocal
Agreement to be duly executed and entered into on the date first above written.
• ��1SE.4L) �:
ATTEST:
CITY OF O'11
Mayor(B y:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
6
City Attorney
(SEAL)
AT?EST.
7
FLORIDA KEYS AQUEDUCT
AUTHORITY
By.
an
Exhibit E
STATE FINANCIAL ASSISTANCE AGREEMENT
KEY LARGO WASTEWATER TREATMENT DISTRICT
DEP AGREEMENT NO. LP0338
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 - 2003 GENERAL
APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee,
Florida 32399 (hereinafter referred to as the "Department") and the Key Largo Wastewater
Treatment District, whose address is Post Office Box 491, Key Largo, Florida 33037 (hereinafter
referred to as "Grantee" or "Recipient"), existing as a local government agency under the laws of -
the State of Florida, to provide funds for a wastewater collection system to serve Key Largo park
Subdivision.
In consideration of the mutual benefits to be derived herefrom, the Department and the
Grantee do hereby agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions
set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. The
Grantee agrees that it shall, no later than March 1, 2003, complete the following activities
as set forth in Attachment A: Certification of project site availability; evaluation of
construction bids; and creation of a revenue generation system complete with certification
of local funds availability as well as establishment of user charges, fees and assessments.
For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee", 'Recipient", and "Contractor" are used interchangeably.
2. This Agreement shall begin upon execution by both parties and end no later than March
31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and
the Agreement is amended. The Grantee shall not be eligible for reimbursement for work
performed unless the Project Schedule is met but in no event shall reimbursement for any
work performed prior to the execution date of this Agreement be eligible. This
Agreement shall be amended to provide for disbursement of grant funds identified herein
provided that all terms and conditions of this Agreement, including compliance with the
Project Schedule, are met and construction of the Project will result. However, such
amendment must be issued before March 31, 2003.
3• In the event that the Agreement is amended as provided in paragraph 2. above, the
following disbursement provisions shall apply:
A. As consideration for the services rendered by the Grantee, the Department shall pay the
Grantee on a cost reimbursement basis in an amount not to exceed $1,660,000 toward the
total Project cost estimate identified in Section A of Attachment A. It is acknowledged
that the cost estimate is based on preliminary estimates and requires updating by the
Grantee.
B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project
costs upon approval of deliverables and acceptance of a properly submitted Payment
Request Summary Form to be provided by the Department at such time as this Agreement
may be amended. In addition to the summary form, the Grantee must provide sufficiently
itemized invoices for the materials, labor, or services to identify the nature of the work
performed; the cost or charges for such work; and the person or entity providing the
service or performing the work.
C. . In addition to the invoicing requirements contained in paragraph 3.B. above, the -
Department may periodically request proof of a transaction (invoice, etc.) to evaluate the
appropriateness of costs pursuant to State guidelines. This information when requested
must be provided within 30 calendar days of such request. All bills for amounts due shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof
D. State guidelines for allowable costs can be found in the State Comptroller's Voucher
Processing Handbook at http://www.dbf.state.fl.us/aadir/tochandbk.htmi.
E. All costs incurred by the Grantee for its own employees in planning, designing,
constructing, administering, managing, evaluating, and inspecting the Project are not
eligible for reimbursement under this Agreement or any amendment thereof.
F. Travel costs are not authorized for reimbursement under this Agreement or any
amendment thereof.
G. The purchase of non -expendable equipment for use by the Grantee is not authorized
. under the terms of this Agreement or any amendment thereof
4. The State of Florida's performance and obligation to pay under this Agreement as
amended -would be contingent upon -an annual appropriation by the Legislature. The
parties hereto understand that this Agreement is not a commitment of future
appropriations.
5. Each party hereto agrees that , it shall be solely responsible for the negligent or wrongful
acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
6.A The Department may terminate this Agreement at any time in the event of the failure of
the Grantee to fulfill any of its obligations under this Agreement. Prior to termination,
2
the Department shall provide thirty (30) calendar days written notice of its intent to
terminate and shall provide the Grantee an opportunity to consult with the Department
regarding the reason(s) for termination.
6.B. The Department may terminate this Agreement for convenience by providing the Grantee
with thirty (30) calendar days written notice.
7. This Agreement may be unilaterally canceled by the Department for refusal by the
Grantee to allow public access to all documents, papers, letters, or other material made or
received by the Grantee in conjunction with this Agreement, unless the records are
exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
8. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting ,
principles consistently applied. The Department, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. The Grantee shall
similarly require each subcontractor to maintain and allow access to such records for
audit purposes.
9. In addition to the provisions contained in paragraph 8 above, the Grantee shall comply
with the applicable audit, monitoring, and record keeping provisions contained in
Attachment B. A revised copy of Attachment B, Exhibit-1 shall be provided to the
Grantee with each Agreement amendment that affects the information contained therein.
A revised Exhibit-1 shall summarize the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment B.
If the Grantee fails to receive a revised copy of Exhibit-1, the Grantee shall notify the
Department's Grant Manager indicated in this Agreement to request a copy of the
updated information.
10. A. The Grantee shall not subcontract, assign, or transfer any construction services or
equipment/material procurement work to be funded under this Agreement as amended
without the prior written consent of the Department's Grant Manager. The Grantee. agrees
to be responsible for the fulfillment of all work elements included in any subcontract and
agrees to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by the Grantee that the Department shall not be liable 'to any
subcontractor for any expenses or liabilities incurred, and that the Grantee shall be solely
liable to any subcontractor for all expenses and liabilities incurred under the subcontract.
10.13. The Department of Environmental Protection supports diversity in its -procurement
program and requests that all subcontracting opportunities afforded by this Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State of Florida. Upon request of the Grantee, the
C
Department will furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement and any amendment thereto for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
12. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department. The Grantee acknowledges that this requirement
includes compliance with all applicable federal, state and local health and safety rules and
regulations. The Grantee further agrees to include this provision in all subcontracts (by
change order if necessary) issued as a result of this Agreement.
13. The Department's Grant Manager for this Agreement is identified below.
Dick Smith
Bureau of Water Facilities Funding
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245 - 8358
Fax: (850) 245 - 8411
14. The Grantee's Grant Manager for this Agreement is identified below.
Robert Sheets, Manager
Key Largo Wastewater Treatment District
c/o Government Services Group, Inc.
1500 Mahan Drive, Suite 250
Tallahassee, -Florida 32308
Phone: (850) 681— 3717
Fax: (850) 224 - 7206
15. To the extent required by law, the Grantee will be self -insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of
its employees connected with the work of this Project. The Grantee shall require each
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the Grantee.
Such self-insurance program or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case_ any class of employees engaged in hazardous work
under this Agreement is not protected,, under Workers' Compensation statutes, the Grantee
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to
the Department, for the protection of his employees not otherwise protected.
16. The Grantee, as an independent contractor and not an agent, representative, or employee
of the Department, agrees to carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except as may be specifically provided
4
in this Agreement. Alternatively, the Grantee warrants and represents that it is
self -funded for liability insurance, appropriate and allowable under Florida law, and that
such self-insurance offers protection applicable to the Grantee's officers, employees,
servants and agents while acting within the scope of their employment with the Grantee.
17. The Grantee covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
18. The Department may at any time, by written order designated to be a change order, make
any change in the work within the general scope of this Agreement (e.g., specifications,
time, method or manner of performance, requirgments, etc.). All change orders are
subject to the mutual agreement of both parties as evidenced in writing. Any change
order that could result in the Grantee's ability to pay for Project work, change the amount
of funding under this Agreement, or increase the time for completion of Project work
shall require a formal amendment to this Agreement.
19.A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability,
shall be excluded from participation in; be denied the proceeds or bonefits'of; or be
otherwise subjected to discrimination in performance of this, Agreement.
19.B. An entity or affiliate that has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building
or public works, may not submit bids on leases of real property to a public entity, may not
award or perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any public entity. The
Florida Department of Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on its website. Questions regarding
the discriminatory vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity, at 850/487-0915.
20. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S., for Category Two, for a period of 36 months from the date of
being placed on the convicted vendor list.
21. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement, unless otherwise provided herein.
E
U
IN WITNESS Wl-MREOF, the parties have caused this Agreement to be duly executed,
the day and Year last written below.
KEY LARGO WASTEWATER STATE OF FLORIDA DEPARTMENT
TREATMENT DISTRICT OF ENWRONM wrAL PROTECTION
BY By.
Chairman
Director, Division of Water
Resource Management
Date: Date: —63
FM No.: 83-0344274
Attest
By:
List of attachmenWexhibits included as part of this Agreement;
SPecify Type Letter/ Description (include number of pages)
Number.
Attachment A Project Work Plan (3 Pages)
Attachment B _ AuditR�uue�nds (S Pages)
r
ATTACHMENT A
KEY LARGO WASTEWATER TREATMENT DISTRICT
Key Largo Park Subdivision
A. PROJECT BUDGET
PROJECT BUDGET
Category of Expenditure
DEP Funds
Other Funds
Total
FY 02/03
FY 03/04
FY 04/05
Funding
Key Largo Park
Preliminary Engineering
$ 0
$ 0
$
0
$
200,000
$ 200,OOa
Construction
$ 100,000
$ 600,000
$ 960,000
$
0
$ 1,660,0M
Contin enc
$ 0
$ 0
$
0
$
0
$ 0
Treatment Impact Fee
$ 0
$ 0
$
0
$
0
$
Construction Management
$ 0
$ 0
$
0
$
300,006
0
$ 300,000
Other
$ 0$
0$
0
`'$
0$
0
KeyLargo Trailer Villa e
PreliminaryEngineering
$
650,000
$ 650,000
-Design/Build
Contingency
$
6,520,000
$ 6,520,000
Construction Management
$
0
$ 0
Land
$
1,140,000
$ 1,140,000
Other
$
850,000
$ 850,000
$
0
$ 0
Total
$ 100,000
$ 600,000 $ 960,000
$ 9,660,000
$11,320.000
B. SCOPE OF PROJECT WORK:
A vacuum collection system serving the Key Largo Park subdivision will be constructed using the
design/bid/build approach. The collection system consists of vacuum mains, vacuum pits, buffer
tanks, vacuum valves and gravity collection lines extending from the vacuum pits and tanks to the
property line for each building to be served. While Appropriation 1765A funding is not being
provided for the decommissioning of on -site treatment and disposal systems or the installation of
building laterals on private property, such work must be undertaken to achieve a functional system.
The Grantee must ensure that the work on private property is accomplished in a timely manner.
Functioning of the Key Largo Park vacuum collection system is dependent upon the construction of a
vacuum station, transmission facilities, treatment plant and injection well disposal system that will be
part of the Key Largo Trailer Village subdivision wastewater management system. Therefore, the
DEP Agreement LP0338, Attachment A, Page 1 of 3
Grantee must ensure that all construction necessary for a complete and operable wastewater
management system is undertaken in a timely manner.
C. PROJECT SCHEDULE:
Completion of Project activities below shall be accomplished before March 1, 2003 to comply with
statutory requirements. The schedule for completion of Project activities under (6)(a) through (o) may
be adjusted in the event that this Agreement is amended to provide for grant disbursements. All
submittals shall be made by the Recipient's Grant Manager to the Department's Grant Manager.
(1) Creation of revenue generation system (rates, fees, and assessments) for recovery of capital costs
and operation/maintenance costs (submittal to the Department_ is required).
(2) Establishment of an implementation plan for completing work on private property such as
decommissioning on -site treatment and disposal systems and connection to the centralized
collection system (submittal to the Department is irequired).
(3) Establishment of requirements for connection to the wastewater management system (submittal to
the Department is required).
(4) Certification of availability of local share of the costs of the complete;wastewater management
system.(submittal to the Department is required).
(5) Procurement of services for the following:
(a) Utilities engineering
(b) Legal
(c) Financial
(d) Administrative (record keeping and audit capability)
(e) Construction bid evaluation and design/build proposal evaluation
(6) Submittal of a projected schedule for the following activities:
(a) - Updating the above Section A Project Budget information
(b) Bid tabulation and award recommendation for Key Largo Park construction
(c) Public notice and public participation in Project decisions
(d) Procurement of services for Construction Management
(e) Design/build contract award for Key Largo Trailer Village
(f) Construction contract award for Key Largo Park
(g) Initiate design/build activities for Key Largo Trailer Village
(h) Initiate construction activities for Key Largo Park
(i) Certification of availability of the all Key Largo Park wastewater collection/transmission
system sites, including easements and rights -of -way
DEP Agreement LP0338, Attachment A. Page 2 of 3
0) Complete construction of Key Largo Park facilities
(k) Complete construction of Key Largo Trailer Village facilities
(1) Certification of initial collection of fees, charges, and assessments
(m) Solicit services of operating entity for wastewater management system
(n) Operations contract award
(o) Certification of wastewater management system operability
(7) Certification of availability of the treatment plant site, including injection well disposal (submittal
to the Department is required)
(8) Certification of receipt of Key Largo Trailer Village design/build proposals
(9) Certification of receipt of Key Largo Park construction bids (submittal to the Department is
required)
DEP Agreement LP0338, Attachment A. Page 3 of 3
ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of funds awarded by the Department of Environmental Protection (which may be referred to as
the "Department", "DEP", "FDEP" or "Grantor", or other name in the contracNagreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS"
below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope
audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Department of Environmental Protection. In the event the Department of Environmental Protection determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department to the recipient regarding such audit. The recipient further agrees to comply' and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $300.000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department
of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal funds received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httl2://asl&.os.dhhs.gov/cfda.
DEP Agreement No. LP0338, Attachment B, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes
1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance
provided to the recipient to carry out a State project) equal to or in excess of $300.000 in any fiscal year of
such recipient, the recipient must have a State single or project -specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor
and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT I to this agreement
indicates State funds awarded through the
Department of Environmental Protection by this agreement. In determining the State awards expended in
its fiscal year, the recipient shall consider all sources of State awards, including State funds received from
the Department of Environmental Protection, except that State awards received by a nonstate entity for
Federal program matching requirements shall be excluded from consideration.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of
the Auditor General.
3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. "In the event that the
recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from non -State funds (i.e., the cost of such an audit must be paid -from recipient funds obtained from other
than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial
Assistance (CSFA), a recipient should access the website for the Governor's Office located at
ht[R:flsun6.dms.state.fl.us/fsaa/ for assistance. In addition to the above website, the following websites may
be accessed for information: Legislature's Website http://_www.leg state flus/, Governor's Website
httl2://www.ngov.com/, Department of Banking and Finance's Website
httR://www.dbf.stat fl.us/aadir/FSAAIndex.htmI, and the Auditor General's Website
http://sun6.dms.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE. Pursuant to Section 215.97(7Xm), Florida Statutes, State agencies may conduct or arrange for audits of
State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such
an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used
to specify any additional audit requirements imposed by the State agency that are solely a matter of that State
agency's policy (i.e., the audit is not required by Federal or State laws and is.notin conflict with other Federal or
State audit requirements).)
DEP Agreement No. LP0338, Attachment B, Page 2 of 5
PART IV: REPORT SUBMISSION
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular
A-133. as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2). OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised. •�
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at each of the following
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
A. The Department of Environmental Protection at each of the following addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
i l l West Madison Street
Tallahassee, Florida 32302-1450
DEP Agreement No. LP0338, Attachment B. Page 3 of 5
Copies of reports or management letters required by PART III of this agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at each of the followin.-
addresses:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable.
6. Recipients, when submitting audit reports to the Department of Environmental Protection foraudits done in
accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General,
should indicate the date that the audit report was delivered to the recipient in correspondence
accompanying the audit report.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection or its designee, access to such records upon request. The recipient shall ensure that ltudit working papers
are made available to the Department of Environmental Protection or its designee, upo .request for a period of 3
years from the date the audit report is issued, unless extended in writing by the Department of Environmental
Protection.
DEP Agreement No. LP0338, Attachment B, Page 4 of 5
Exhibit F
W
C)
Q
J
J_
W
Q
O
0
cc
Q
J
}
w
Y
0
Z
a
Y
cr
a
a
O
0
ar
a
J
}
W
Y
0
_Z
a
Z
LL
LL
O
w
U
ir-
O
U)
Exhibit G
INTERLOCAL AGREEMENT
Key Largo Wastewater District Board
This Interlocal Agreement is entered into pursuant to Sec. 163.01, Florida
Statutes, by and between Monroe County, a political subdivision of the State of Florida,
hereafter County, and the Key Largo Wastewater District Board, an independent special
district, hereafter District.
WHEREAS, the District now has the obligation to continue to completion, and after
completion to operate, the following central sewage treatment projects: Key Largo
Trailer Village, and the Key Largo Park, plus related collection infrastructure, hereafter
the Projects;
WHEREAS, the District at present does not have in place a;;funding mechanism to
complete and operate the Projects;
WHEREAS, the County's Board of County Commissioners have determined that the
completion of the Projects is a proper County public purpose pursuant to Sec. 125.01(1),
FS; and
WHEREAS, the County desires to lend the District $100,000 to help the District in
its completion of the Projects; now, therefore,
IN CONSIDERATION of the mutual covenants and promises set forth below, the
parties agree as follows:
1. a) The County agrees to lend the District the sum of $100,000 to assist the
District in its completion of the Projects.
b) The County will tender the $100,000 to the District within ten
business days of the District establishing a federally insured account for the funds at a
financial institution authorized by State law to receive deposits of public funds. The
District must deposit the funds in that account.
2. The District must repay the $100,000 to the County within three years from
the date the County tendered the funds to the District, together with interest at the
adjusted rate per annum established by the State Revolving Loan Fund calculated from
the date the County tendered the $100,000 to the District.
3. The District must keep its records pertaining to the County loan according
to generally accepted accounting principles and make those records available to auditors
employed by the County or the Clerk of the Cirpult Court during normal business hours
(Monday through Friday, 9 AM to 5 PM, holidays excepted).
4. This Interlocal Agreement will take effect when a fully executed copy is filed
with the Clerk of the Circuit Court for Monroe County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the
dates`. written below.
ATTEST':.'. DANNY L. KOLHAGE, CLERK
eput i Clerk
Date If yG J 2-
(SEAL)
Attest:
By
Secretary
Date
BOARD OF COUNTY COMMISSIONERS
OF MONR E COU , FLORIDA
By
Mayor/Chairman
KEY LARGO WASTEWATER
DISTRICT BOARD
By
Chairman
Exhibit H
EXHIBIT H
DCA CONTRACTS RE: CESSPIT GRANT FUNDS
George Garrett, Monroe County, will provide.
Contract Number 00-V P-1 -I1-S�-n►-�vt�
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
"Department"), 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 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 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.
(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
(5) RECORD KEEPING
(a) If applicable, Recipient's performance under this Agreement shall be subject to the
federal 'Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A 110, Grants and
" Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "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 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
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.
IRecords relating to real property acquisition shall be retained for three years
after closing of titre.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine Compliance with the requirements and objectives of the Budget and Scope of
Work - Attachment A - and all other applicable laws and regulations.
(d) 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) LIAB_IIY,
(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 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, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) 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
3
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 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
I. 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 Recipients failure to timely cure, exercise any one or
4
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 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 (9) 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 Recipient to determine the reasons for orthe 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 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.
5
(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.
(9) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be Iry 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 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.
0
00) 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 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, any one 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 eA sea. , 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.
(0 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
7
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
(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''' 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) The Recipient 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 the Auditor General. If the 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.S.C. ss. 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 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.
8
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 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 finale f 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.
(9) 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 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.
(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
E
subcontractor is bound by all applicable state and federal laws and regulations, and 00 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 terns 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 lk
(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 foxed 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, 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.
10
(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. Staff, 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
Departments 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 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 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
(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
11
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
09) 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. Stet The interest penalty shall be paid within 15 days after issuing the
warrant
Vendors experiencing problems obtaining timely payments) 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.
(The remainder of this page left intentionally blank)
12
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.
4L
Shirley F n, Mayor
Approved as to form and legality:
ATTEST.
• ,'-C�" ��� City Clerk
STATE OF FLORI " :mac,. ."lr'::; S L'�
DEPARTMENT OF JOMM AF
Approved as to form and legality:
BY:_l
4te=v-1eniM. Seibert, Secretary
Date:_ %—
13
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 folowing 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 agreemenj,
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
Departments acceptance of the initial report under Item 6.A below, to be rearmed 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.
3. 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 emphasiz
assistance to financially needy households. e
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 -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 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
requirements set forth in this agreement shall be developed;y,standard
appropriate
documentation of costs incurred or invoiced by third parties sh II be deve oped.zed
14
5. As consideration for the services to be rendered under the terms of this agreement, the
Department shall authorize disbursements as described below.
A. An amount not to exceed $600,750 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
(e.g., Florida Department of Health's Reimbursement
a ursgovernmentalntfor entity
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 property 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.
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 6.0 and 6.13 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.
15
B. 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.
6. The Recipient 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:
A An initial report (ten copies) to be submitted to the Department no later than June 30,
2000, documenting the following:
L 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 Recipient 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 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.
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.
10• 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 Department no
later than December 31, 2000, summarizing the quarterly reports prepared by each party.
16
CLERK'S ORIGINAL
Contract Number: 00-DR-1 W-11-54-01-002, Modification No. 1
MODIFICATION
That Contract numbered 00-DR-1 W-11-54-01-002, entered into between the State of
Florida, Department of Community Affairs (the "D
"Recipient"), signed on June 26, 2000 b the Department,
and Monroe County (the
Y is hereby modified as follows:
Section 3, Period of Agreement is modified to read as follows:
This Agreement shall begin upon execution by both parties and shall end December 31,
2001, unless terminated earlier in accordance with the provisions of paragraph (8) of this
Agreement.
Attachment A, Scope of Work, Section 6.A., is modified to read as follows:
A. An initial report (ten copies) to be submitted to the Department no lgter than
November 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 Recipient following the Department's
receipt, review, and acceptance of the initial report no 2000. later than November 30,
Attachment A, Scope of Work, Section 6.C., is modified to read as follows:
C. 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.
Except as modified herein, all other terms and conditions contained in said Contract
remain in full force and effect, and are to be performed in accordance with the terms of said
Contract.
IN WITNESS WHEREOF, the parties have caused this Modification to be executed by
their duly authorized representative.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Oil
B �+
Y�
Printed Name:Jill' ,NA7�l
Title:
Date:
(SEALA1TE5 : DAN/NY L KOLHAGEE,�CLEERRK(
BY_sta C • Al
DEPUTY CLERK
STATE OF FLORIDA. DEPARTMENT
OF COS AFFAIRS
By: •
J. Thomas Beck
Director
Date: 11— .7-7- 90 ,
APPROVED AS TO -FORM
81'_ �•� ��Y.
ROBERT N..pLFE
DATE�-
vHI` I` AL
Contract Number: 00-DR-1 W-11-54-01-002, Modification No. 2
MODIFICATION
That Contract numbered 01-DR-1 W-11-54-01-002, Modification 1 entered into between
the State of Florida, Department of Community Affairs (the "Department"), and Monroe County
(the "Recipient"), signed on November 27, 2000, by the Department is hereby modified as
follows: 1
Section 3,-Period of Agreement is modified to read as follows:
This Agreement shall begin upon execution by both parties and shall end March 31,
2002, unless terminated earlier in accordance with the provisions of paragraph (8) of this
Agreement.
Attachment A, Scope of Work, is modified in section 2. A. to read:)
2. A. Procedures for the selection of property owners to receive financial assistance via
the Contractor under this agreement. Such procedures may provide for income -
based selection criteria.
Attachment A, Scope of Work, is modified in section 3 to read :
3. 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. Additionally,
County funds may be used to establish an income -based grant assistance program.
Except as modified herein, all other terms and conditions contained in said Contract
remain in full force and effect, and are to be performed in accordance with the terms of
said Contract.
IN WITNESS WHEREOF, the parties have caused this Modification to be executed by
their duly authorized representative.
i
Printed Name•_
Title:_
Date:__
J. Thomas Beck
Director
Date:
Contract Number. 00-DR-1 W-11-54-01-002, Modification No. 3
MODIFICATION
That Contract numbered 00-DR-1 W-54-01-002 entered into between the State of Florida, Department of Community Affairs (the "Department % and Monroe County (the "Reci ten
April A 2001 by the Department is hereby reinstated and modified as follows: p 'shed on
Section 3, Period of Agreement is modified to read as follows:
This Agreement shall begin upon execution by both parties and shall end
December 2002, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement.
31'
Attachment A, Scope of Work, "Illegal and Severely
Replacement Program", is modified to add section G a follows: °site Sewage System
5. C. The amount of grant funding to be provided will be determined
and in -adequate Ystems(OSTDdequate On -site Treatment and Disposal S by on number of illegal
County designated "cold" spots to be serviced S) contained within
�
expansion. That number should be multiplied the system or system extension or
amount of grant funding allowed p • by a number no greater than the maximum
Wastewater S per household under the existing Homeowners
System Assistance �8mm (HWSAP) of $8,400 to determine the full funding amount toward the overall cost of the system for all users. In the case of
centralized system hook-up, while funding depends upon the number of unknown
systems, that funding amount will be utilized to offset total system costs for all users.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section 6. C. to read:
6. C. A completion report (ten copies) from the Recipient to be received by the Department no
later than December 31, 2002.
. Except as modified herein, all other terms and conditions contained in said Contract remain
in full force and effect, and are to be performed in accordance with the terms of said Contract
IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly
authorized representative.
MONROE CO
1TY BOARD OF
COUNTY CO
SSIONERS
By:
Printed Name:���Q�� M C/�y
Title:
Date*:.-.` -
�.
Z
• �L.•�' r t MAO
.
H.E. "Sonny" Timmerman
Director, Division of Community Planning
Date: bl
O Z_
VLcnr. � UNIUINAL-
Contract Number: 01-DR-16-11-54-01-001, Modification No. 1
MODIFICATION
That Contract numbered 01-DR-16-11-54-01-001 entered into between the State of
Florida, Department of Community Affairs (the "Department"), and Monroe County (the
"Recipient"), signed on December 14, 2000, by the Department is hereby modified as follows:
Section 15, Funding /Consideration is modified to read as follows:
This is a fixed fee agreement. As consideration for performance of work rendered
under this Agreement, the Department agrees to pay a fixed fee to S 1 130 7.12. Pa
be made in accordance with the. � � � Payment will
provisions of Attachment A - Scope of Work An invoipe shall
be submitted with each deliverable which is in detail sufficient for a proper preaudit and
postaudit thereof
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section B.1. to read:
B. 1. Procedures for the selection of property owners to receive financial assistance via
the Contractor under this agreement. Such procedures may provide for income -
based selection criteria.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section C to read :
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. Additionally,
County funds may be used to establish an income -based grant assistance program.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section F 1 and 3 to read
F. 1. The Department shall pay S 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 March 31, 2001.
3. A completion report (ten copies) from the Recipient to be received by the
Department no later than May 31, 2002.
Attachment A, Scope of Work, "Little Venice Water Quality Monitoring Program", is
added to read as follows:
The Department shall pay S 242,912 following the Department's receipt, review, and
acceptance of the Quality Assurance Project Plan (QAPP) that has been approved by the
Florida Department of Environmental Protection. Receipt of the approved QAPP will
occur no later than April 30, 2001.
2. 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 then proje I schedule
and within budget.
3. Attachment A-1, Water Quality Sampling Program for the Little Venice Sewage
Collection and Treatment Project in Marathon, Florida shall be utilized to select the
subcontractor with the appropriate chemical detection limits and laboratory facilities
needed for this project.
Except as modified herein, all other terms and conditions contained in said Contract
remain in full force and effect, and are to be performed in accordance with the terms of
said Contract.
IN WITNESS WHEREOF, the parties have caused this Modification to be executed by
their duly authorized representative.
MONROE COUNTY BOARD OF
Printed Name: E_r����%�%
Title:
Date:
i
', Wig' si
DATE
. f.'
STATE OF FLORIDA DEPARTMENT
LON
J. Thomas Beck
Director
Date:
IgNT L. KOLN E, CLERK
DEPUTYiCLERK
Attachment A-1
WATER QUALITY SAMPLING PROGRAM
FOR THE LITTLE VENICE SEWAGE COLLECTION AND
TREATMENT PROJECT IN MARATHON, FLORIDA
BACKGROUND
The ocean side of Vaca key from Vaca Cut (east) to 946 Street (west), Marathon, Florida has a
large percentage of houses and trailers that are currently serviced by inadequate septic tank
systems or cesspit disposal. This area has been collectively called the "Little Venice" Service
Area, whereas in fact, Little Venice Subdivision is located on the westernmost portion of the
service area. The Little Venice Service Area includes approximately 540 residences (Figure 1).
The Little Venice Service area was selected as the first phase of wastewater improvements for
the Marathon Service Area because of the large number of homes on cesspits, the small average
size of lots, the density of the homes, and known water quality problems' in the canals that occur
in the area. Water quality of the 89'" - 91 st Street canals was thoroughly studied in the 1984-
1985 as part of the Florida Department of Environmental Regulation Monitoring Stud
1987). That study demonstrated significant nutrient enrichment of the canals, high chlorophyll a
content, and a high copostanol concentrations in sediments. Coprostanol is a break -down
product of cholesterol and is an indicator of fecal contamination.
The Little Venice Service Area will receive a low-pressure, vacuum wastewater collection
system that will transmit wastewater to a central treatment plant. The treatment plant will
produce effluent that meets or exceeds the current advanced wastewater treatment (AWT)
standards of 5:5:3:1 (BOD5, TSS, TN, TP ) and will use a Class V injection well for disposal of
treated wastewater. Central collection and treatment of wastewater will remove a substantial
portion of nutrient loading into the canals by removing the sources of wastewater (Poorly
functioning septic tanks and cesspits).
SAMPLING PROGRAM
The purpose of this water quality sampling program is to document water quality improvements
in the canals of the Little Venice Service Area. The sampling program consists of two phases.
Phase 1 will be conducted for two years prior to the initiation of operation of the central sewage
treatment system. Phase 1 will establish existing conditions in the canals within the service area.
Phase 2 will be conducted for two years after initiation of the central sewage treatment system
and will document changes in water quality and sediment chemistry of the canals.
Four canals within the Little Venice Service Area will be selected for sampling (Figure 1). Canal
1 and 2 are a connected "U- shaped" canal system located at 112'h Street. These canals may
receive better tidal flushing than other canals within the Service Area because of their flow -
through design and their relatively short length. Canals 1 and 2 are lined with single-family
residences that were constructed prior to 1970 and a high percentage of those residences are
thought to have no sewage treatment systems (cesspits). Canal 3 is located adjacent to 100`"
Street and Canal 4 is located adjacent to gr Street. Both canal 3 and 4 are dead-end canals that
are lined with single-family houses and mobile homes. Many of these residences are thought to
have poorly functioning septic systems or cesspits. The 9 1 " Street canal has been selected as a
reference canal and is located outside the Little Venice Service Area. Historic water quality and
sediment data exist for this canal (FDER 1987).
Field Sampling Re ime
Nine sampling stations were chosen for this project: two per canal with an external site off 100'"
Street canal (Figure 1). Stations were located at the mouth of the canal and at the dead -end.
Each of the 9 stations will be visited weekly via small boat. Surface and bottom measurements of
temperature, salinity, and dissolved oxygen (DO) will be preformed at each station. Duplicate
water samples will be collected in mid -channel at I meter below surface. Water samples will .
also be collected just below the surface for bacteriological analysis. To ensure that we capture
the greatest potential terrestrial inputs, sampling will be performed on the low, low tide whenever
possible. Localized data from an ongoing study by FIU of the Florida Keys National Marine
Sanctuary will be used as the. background ambient water quality iti the nearshore waters for
comparative purposes.
Nutrient Analvsis
Water samples will be analyzed for total nitrogen (TN), total phosphorus (TP), and chlorophyll a
(Chia) by the Contractor's Southeast Environmental Research Center laboratory using standard
methodology outlined in the Quality Assurance Project Plan (QAPP). Once a month the samples
will be analyzed for the full suite of nutrients including ammonium (NH4'), nitrate (NO;), nitrite
(NO2 ), silicate (Si(OHM, soluble reactive phosphate (SRP), and total organic carbon (TOC).
Some parameters will not be measured directly, but calculated by difference. Nitrate (NO3,) will
be calculated as NO; - NOZ . Dissolved inorganic nitrogen (DIN) will be calculated as NO; -
NO4'. Total organic nitrogen (TON) will be defined as TN -DIN.
Diurnal Sampling
In addition to the weekly sampling program, each month two ISCO autosamplers will be
deployed at rotating sites which will be programmed to collect 12 samples per day over a 2 day
period. Water samples will be analyzed for TN and TP. Hydrolab datasnodes will accompany
the autosamplers and will measure and log temperature, salinity, DO, and pH on an hourly basis.
This will result in diurnal profiles of physical and chemical variables associated with tidal cycles
and precipitation events.
Bacteriological Analysis
Water samples will be collected as above and transported to a lab for enumeration of enterococci.
Sediment Sampling
Sediment samples at each site plus a duplicate site will be collected annually 00 per year) using
a PVC core device. The top 5 cm of the cores will be analyzed in the SERC labs for a suite of
heavy metals using DEP Method MT-002-5: Microwave Digestion of soil, sediment, tissue, and
waste samples for total recoverable metal analysis and EPA Method 602OA: Inductively Coupled
Plasma -Mass Spectrometry; coprostanol using SERC-EARL-Standard Operating Procedure
2000-0107-Rev I: Quantitative Determination of Fecal Sterols in Aqueous and Sediment Samples
by GC/MS: and trace organics following the NOAA Status and Trends program Mussel Watch
Project: 1993-1996 Update, G.G. Lauenstein and A.Y. Cantillo (Eds), NOAA Technic
Memorandum NOS ORCA 130, Silver Springs, Maryland, (1998)al.
REPORTING
Reporting will include production of a geo-referenced station map, quarterly data reports, and an
annual interpretive report. The principal investigator will be re
are compiled and the complete data set is submitted in a timely SPOns riturin
fashion 'tof the Contractor. results
Upon completion of the analysis of samples from each quarterly period, the principal investigator
will produce a statistical summary of the data in a logical format based on the station design•
The statistical summary will include calculated averages, sample variances, ranges, and number
of samples. When appropriate, the principal investigator will provide the summaries in a
graphical format. The principal investigator will submit a data and narrative report documenting
the results of each quarterly survey. The data report will include the raw data in SORET format
and statistical summaries in hard copy and on disc. The investigator will evaluate the data in
accordance with the data quality objectives developed in the QAPP.
After completion of analysis of samples from the fourth quarterly survey, the principal
investigator will produce statistical summaries of the data collection at each station to be
incorporated into an annual report. All data will be evaluated in relation to the data quality
objectives developed in the QAPP. The data will be analyzed using appropriate statistical tests
of significance to meet the specific objectives of the monitoring program.
COSTS
Costs for the Little Venice Water quality Sampling Program are estimated to be $363,000 for
four years of sampling (Phase I and 2) or $90,750 per year (Table 2). Total cost is based on the
following costs for analyses: salinity, temperature, and dissolved oxygen - $1.50 per sample:
total phosphorus and total nitrogen - $10.00 per sample: chlorophyll a - $5.00 per sample: suite
of nutrients - $15.00 per sample: fecal coliforms - $20 per sample; and enterococci - $25.00 per
sample. This includes analysis of 10 sediment samples each year for heavy metals, pesticides,
and coprostanol at no charge to the project.
Figure 1
Little Venice Service Area Sampling Stations
FI-44, P-
r
w E
s
o.s o as
Males
DEP Contract No. SP574, Attachment A. Page 6 of 6
DEP Contract No. SP574, Attachment A. Page 4 of 6
Table 2.
BUDGET
WATER QUALITY SAMPLING FOR THE LITTLE VENICE PROJECT (FDEP)
Salaries and Wages
OPS Technician/Student $ 25.500.00
Fringe @ 7.65% 1,951.00
SUBTOTAL �T,�SiiRf'
Travel 3,328.00
Expense -
Nutrient Analysis 31,510.00
Maintenance 1,260.00
SUBTOTAL 32;778.R '
Subcontract for Microbiology
Fecal eoliforms 468 samples @ $20.00 each 9,360.00
Enterococc i 468 samples @ $25.00 each 11,700.00
Handling fee (transport to lab) 52 x $35.00 1,820.00
SUBTOTAL 22,
Total direct charges: S 86,429.00
Indirect @ 50/o: 4,321.00
Total Annual Project S 90,750.00
'This budget assumes that FDEP will provide a boat for sampling from Marathon office. It also
includes analysis of 10 sediment samples each year for metals, pesticides, and coprostanol at
no charge to the project.
Contract Number: 01-DR-16-11-54-01-001, Modification No. 2
MODIFICATION
That Contract numbered 01-DR-16-11-54-01-001 entered into between the State of
Florida, Department of Community Affairs (the "Department"), and Monroe County (the
"Recipient'), signed on May 7, 2001 by the Department is hereby modified as follows:
Section 3, Period of Agreement is modified to read as follows:
This Agreement shall begin upon execution by both parties and shall end May 31,
2004, unless terminated earlier in accordance with the provisions of paragraph (8) of this
Agreement.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is`modified to add section E. 3. as follows:'
E. 3. The amount of grant funding to be provided will be determined by the number of
illegal and inadequate On -site Treatment and Disposal Systems (OSTDS)
contained within County designated cold spots to be serviced by the system or
system extension or expansion. That number should be multiplied by a number no
greater than the maximum amount of grant funding allowed per household under
the existing Homeowners Wastewater System Assistance Program (HWSAP) of
S8,400 to determine the full funding amount toward the overall cost of the system
for all users. In the case of centralized system hook-up, while funding depends
upon the number of unknown systems, that funding amount will be utilized to
offset total system costs for all users.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section F 3 to read :
F. 3. A completion report (ten copies) from the Recipient to be received by the
-Department no later than May 31, 2004.
Page 1 of 2
t•l
r
js,
Attachment A, Scope of Work, "Comprehensive Master Plan for Canals" is modified
section 3. D. to read: dificd in
3. D. The Recipient shall submit a final draft Canal Study by no later than 7
2002, to the Department for its review, comment approval.
and a une 30,
.
Except as modified herein, all other terms and conditions contained in said
Contract
remain in full force and effect, and are to be performed in accordance with hterms
said Contract. termm
s of
IN WITNESS WHEREOF, the parties have caused this Modification to be
their duly authorized representative. executed by
MONROE COUNTY OAS OF
COUNTY COMM ERS
By:
Printed Name: S MCC - 4
Title:
Date: Z
r
APPROVED AS TO FOR
AN GAl SUFFICIEN
BY
�HU64TF
Page 2 of 2
STATE OF ORID DfipARTMENT
OF CO AIRS
By. '
H.E. "Sonny" Timmerman
Director, Division of Community
Planning
Date: 3 .2 0 Z
L
t=
L KOLOGE, CLERK
CLERK
r.-- ..--
Contract Number. 01-DR-16-11-54-01-001, Modification No. 3
MODIFICATION
That Contract numbered 0 1 -DR-1 6-11-54-01 -001 entered into between the State
of Florida, Department of Community Affairs (the "Department'), and Monroe Countv
(the "Recipient'), signed on March 20, 2002 by the Department is hereby modified as'
follows:
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage
System Replacement Program", is modified in section E. 3. as follows:
i
E. 3. The amount of grant funding to be provided will be determined by the
number of illegal and inadequate On -site Treatment and Disposal Systems
(OSTDS) contained within the Monroe County designated geographic
areas to be serviced by the system or system extension or expansion. That
number is to be multiplied by a number no greater than the maximum
amount of grant funding allowed per household under the existing
Homeowners Wastewater System Assistance Program (HWSAP) of
S8,400 to determine the full funding amount toward the overall cost of the
system for all users. In the case of centralized system hook-up, while
funding depends upon the number of unknown systems, that funding
amount will be utilized to offset total system costs for all users.
Except as modified herein, all other terms and conditions contained in said Contract
remain in full force and effect, and are to be performed in accordance with the
terms of said Contract.
IN WITNESS WHEREOF. the parties have caused this Modification to be
executed by their duly authorized representative.
MONROE COUWY BOARD OF
COUNTY CO SIONERS
By:
Printed Name: ''tip-►►-'' ' r 'L
Title:
Date: j '
APPROVED AS TO FORM
A LEG S
B
ROBERT
DATE - Alf
STATE OFfLOMIYA, DEPARTMENT
- _ C M—hfUNITY AFFAIRS
By;
H.E. "Sonny" Timmerman
Director. Division of Community Planning
Date: �� No "Z__
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
77--
DEPUTY CLERK
C" 'act Number: oo-DR-IW-11-54-01-002, Modification No. 4
MODIFICATION
That Contract mnibered 01 DR-1 W-11-54-01-002, entered into between the State of Florida,
Department of Community Affairs (the "DepartInClIt„), and Monroe countythe " June 17, 2002, by the Department is hereby modified as follows: ( Recipient"), signed on
Section 3, Period of Agreement is modified to read as follows:
This Agreement shall begin upon execution by both parties and shall end December 31, 2003,
unless terminated earlier in, accordance with the provisions of paragraph (8) of this Agreement.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section S. C. as follows:
5. C. The amount of grant funding to be provided will be determined by the n
and inadequate On -site Treatment and D' �b� of illegal
Monroe County designated geographic- ��1 Systems (OSTDS) contained within the
8 graphic -areas to be serviced by the system,or system
extension or expansion. That number is to be multiplied by a number no
maxnnum amount of grant funding allowed 8� than the
Homeowners Wastewater SAssistance I� househoId utz3�eer the existing
the full finding amount toward the overall cost Program
�$�) of 58,400 to determine
centralized system for all. users. In the case of
system hook-up, while funding depends upon the number of unknown
systems, that funding amount will be utilized to offset total system costs for all users.
Attachment A, Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System
Replacement Program", is modified in section 6. C. to read :
6. C. A completion report (ten copies) from the Recipient to be received by the Department no
later than December 31, 2003.
Except as modified herein, all other terms and conditions contained in said Contract
remain in full force and effect, and are to be performed in accordance with the terms of said
Contract.
IN WITNESS WHEREOF, the panics have caused this Modification to be executed by their duly
authorized representative.
MONROE COIJN'I1' B RD OF
Of
COMMIS RS
By.
Printed Name:
Title: — _ • ;
Date: l
AAPPROVED AS TO FOK MG
B
R BERT y�
DATE /0C;,FE
STATE OF/�LO A DEPARTMENT
OF AFFAIRS
Bv:
H. E. Sonny Timmerman
Director, Division of Community Planning
Date: G
(SEAL)
ATTEST: DANN�Y L. KKOLHAGE,,, CLERK {
BY I C L � >- any
DEPUTY CLERK
Contract Number: 01-DR-/to-// -5kl-oI -Co l
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 hers and does offer to perform
such services, and
B. WHEREAS, the Department has a need fir 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 § 215.34(2), Fla. Stat, if a check or other draft is returned to t(1e 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.
closing of title.
3. Records relating to real property acquisition shall be retained for three years after
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 spegified 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 hot 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 any one 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
at law or in equity:
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-retum receipt requested, to the address
set forth in paragraph (10) herein;
this Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of
Page 4 of 17
I 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 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;
law;
5. Exercise any other rights or remedies which may be otherwise available under
(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 '"" mely 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.
(0 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 300D
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 4874545
(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, any one 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 seg.), 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.
(fl 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 (i.e., 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; applibable 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 disbued hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, thejRedpient 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.
Page 9 of 17
(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 (1) 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 ridht to f 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
("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 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, b
resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurancey
contained herein. The Recipient also certifies that the undersigned s
p �9 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 ex6cuted by their
undersigned officials as duly authorized.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
BY:
LA14-1e,
Shirley Freeman, Mayor
Date: /U— /ct UU
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
J. Thomas Beck, Division Director of Community Planning
Date:_ 19- - N Pfl
Page 12 of 17
Approved as to form and legality:
Approved as to form and legality:
>�C.
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.
B. The Recipient shall establish the following relating to assistance to both single family and multifamily,
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 Departments
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 property 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 rehtlered under the terms of this Agreement, the Department
shall authorize disbursements as described below.
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.
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.
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 6.0 and 6.1) 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 (Le., 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 Departrnent 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.
L 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.
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.
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
tha Department The Department shall have twenty (20) days to review and a
report to the County for correction. ccept reports or return
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 e
and approval, a draft cop of the work scope for services l t be performed top are the
Canal Study and its estimated costs, p
C. If the Department approves the Scope of Work and its estimated:oosts 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
ear periods ending March 31, June 30,
September 30, and December 31 of each y .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 ch
(20) days after the end of ea
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 s0licbV consultant responses
the Post -Disaster Redevelopment'Plan
to prepare
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�o 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 Departments 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
throughouF 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,
worKexpected 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 copiesy toIthe Department by no later than
March 31, 2002, summarizing the quarterly reports prepared
Page 17 of 17
Exhibit I
OPERATING REVENUE
Wastewater Billed Revenue
Connection Fees
Late Fees
Turn can fees
Miscellaneous Service Charges
investment Earnings
Monroe Count' Loan Proceeds
TotalRevenues
OPERATlNG EXPENSES
Board Expenses
Commissioner's Fees
P40SM90 S Delivery Expense
Insurance Expense
Bad Debt Expense
Miscellaneous
Legal Advertisements
Office Supplies
Dues d Subscriptions
Travel
Rents and Leases
Telephone
Utilities
Regulatory/ Permit Fees
Reserve for Contingencies
Customer OutreacWafketing
Subtotal Board Expenses
Operating and Management Services
Operations b Maintenance -contract
Billing d, Customer Service Contract
Management Contract
Subtotal Operations.& Maintenance Ser.
Professional Services
Legal - General Counsel
Utility Rate Consultant
Engineering Services
Audit b AccountingFees
Lab Services
Compiler Support
Subt0ta(1.;'rofessional Services
Tool Operating Expenses
Key Largo Wastewater Treatment District
OPERATING BUDGET
For the Fiscal Year Ending September 30, 2D03
343601 S Description
343605
343606
343607 _
343608 _
361b01
384001 100,000 Loan from
S 100 DOD Monroe Count' for operations of
511001 $
511002
511003
511004
511005
511006
511007
511008
511009
511010
511011
511012
511013
515002
515003
515011
512001
512003
512005
514001
514003
514004
514006
514007
515012
NON -OPERATING EXPENSES
CaPital- Fixtures, Furniture 3 Equipm,4 • 166901
Total Non -Operating Expenses
Total Expenses
Surplus (Dellclt)
S
S
45,
2,
Z7
5,
.
0
750
1.800
Soo
175
4,500
9.000
90050 1,3
0
40,500
0
114,425
0o
000 Jan: $9.000..Feb: Sep. $4,500 per month.
+'� $250 per month
$300 per month
Op0 Lump sum, will Inquire with FLC for coverage.
Bank charges and other misc. fees.
$200 per month for legal ads ,
Miscellaneous office supply expenses.
DCA annual lee.
Travel by Board Members -On Official Business.
Lease of office space and copier/fax.
$100 permonth.
5150 Per month for office space water, electric, etc
Allocation for unforseen expenses with startup .
74,000 $3,000/mo. jan-Apr-. $10.8p0%. thereafter.
S 74,000 Includes board derkand accounting functions.
s 100,000 SM000permonth.
15,000 To set vp District Wastewater Rates
32.000 Estimate $3.200 per month.
10,000 Annual Audit and Federal Single Audit, per OMS a,133.
0
= 0
1'57,000
S 345 423
5,000
S 5 000
$ 350 425
_ 50.425)
Prepared January 21, 2003
KEY LARGO WASTEWATER TREATMENT DISTRICT
FIVE YEAR�CAPITAL IMPROVEMENT PROGRAM
For Fiscal Years FY 2003-FY 2607
($000)
PRO3. NO. PROJECT
KLO301
Key Largo Park Conshmoon
KLO301
Key Largo Park Conslruclion
KLO302
Key Largo Traler Virago Con tmalon
KLO302
Key Largo Trader Virago Coasbudlon
KLO302
Key Largo Trailer Village Cdnsb=oon
TOW
Soorces ofFunds
State of fbrida DEP Agreement No. LP0338
FEMA Gran! fundkV
Slate of Flarldra DCA Grant Funding
Miscanwmx us
Taw
kind Source
FY 2003
FY 2004
FY 2005 FY 2006 . FY 2007
Ted
KL21
S 100.000
S 600.000
S 980.000 S - S - S
1.860.000
KL22
vim296.400
80.100
180.7010
289.200 -
500.000
1,TM300
2.845.3D9 -
4.5W00
KL23
59,000
354.
W5.700 -
9806m
KL24
196.400
1,178,
1,885.100 -
3.260.000
631,1100 1
4,091.5001
gMg.600 Isae
wnn
KL21
KL22
1=
KL24
100.000
600,000
.960p00
1.6WAW
328.500
1559.000
3.134.500
M20=
59.000
-54,300
558.700
980=
196 400
,:-
Z
1 178
1 885 40b
000
48
1 S00
1300
Prepared January 21. 20M
Exhibit J
AMENDED RESOLUTION 2003- 4
A RESOLUTION BY THE KEY LARGO WASTEWATER
TREATMENT DISTRICT BOARD OF COMMISSIONERS
REQUESTING THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TO ADOPT A MUNICIPAL
SERVICES TAXING UNIT ("NISTU") AND
ESTABLISHING A SUGGESTED MSTU MILLAGE RATE
FOR KEY LARGO WASTEWATER TREATMENT
DISTRICT
WHEREAS, the establishment by the Monroe County Board of County Commissioners
of a MSTU would serve a valid county purpose and a special district purpose, specifically for
water, wastewater and sewage collection and. disposal and related municipal services;
WHEREAS, pursuant to section 125.01(2), Florida Statutes, the Board of County
Commissioners shall be the governing body of any MSTU created pursuant to section
125.01(1)(q), Florida Statutes;
WHEREAS, the Board of Commissioners of the Key Largq Wastewater Treatment
District desires to request the Monroe County Board of County Commissioners to establish a
MSTU for the District, pursuant to section 125.0I(1)(q), Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMIS$IONERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT:
1. The Board hereby requests the Monroe County Board of County
Commissioners to establish a MSTU for the District, pursuant to section
125.01(1)(q), Florida Statutes.
2. The Board hereby recommends that a millage rate not to exceed .35
should be applied to the Board's request to the Monroe County Board of
County Commissioners of establishment of a MSTU.
PASSED AND ADOPTED this 29th dqy of January, 2003.
FAILED this day of January, 2003.
KEY LARGO WASTEWATER TREATMENT
DISTRICT GOVJRNING BOARD
Chair,
Secretary
L\Clicnt DocumcnlsWey Largo WTU1724-000\Misc\Rcsolution - Amended re NISTU.doc
Ordinance Creating Key Largo Wastewater Treatment District MSTU
MONROE COUNTY, FLORIDA
ORDINANCE NO.
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
CREATING THE KEY LARGO WASTEWATER
TREATMENT DISTRICT MUNICIPAL SERVICE'
TAXING UNIT LOCATED WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY,
FLORIDA, TO PROVIDE WASTEWATER AND
RECLAIMED WATER SERVICES AND FACILITIES;
DEFINING THE BOUNDARIES OF THE UNIT;
AUTHORIZING THE BOARD TO ANNUALLY LEVY
AD VALOREM TAXES WITHIN THE BOUNDARIES
OF SUCH UNIT NOT TO EXCEED 0.35 MIL;
AUTHORIZING THE USE OF THE TAX REVENUE
FOR ENUMERATED PURPOSES; AND PROVIDING
AN EFFECTIVE DATE. ,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
SECTION 1. TITLE. This ordinance may be cited as the Key Largo
Wastewater Treatment District (KLWTD) Municipal Service Taxing Unit (MSTU).
SECTION 2. AUTHORITY AND PURPOSE.
(A) This Ordinance is enacted under the authority of Article VHL Section 1,
Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of
County Commissioners (the "Board") of Monroe County, Florida, has all powers of local
self-government to perform county and municipal functions and to render services in a
manner not inconsistent with general law and such power may be exercised by the
enactment of county ordinances and resolutions.
(B) Section 125.01(1)(q), Florida Statutes, provides specific legislative
authorization for counties to establish a municipal service taxing unit for any part or all of
the unincorporated areas within its boundaries, or within the municipal boundaries of an
incorporated area upon consent of the governing body of such municipality, within which
may be provided essential'facilities and services.
(C) The purpose of this Ordinance is to create a municipal service taxing unit to
fund the provision of municipal services associated with the administration, planning and
Ordinance Creating Key Largo wastewater Treatment District MSTU
development of wastewater and reclaimed water projects within the municipal service
taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be
liberally construed to effect the purposes hereof.
(D) This Ordinance is adopted to fulfill the request of the Key Largo
Wastewater Treatment District and in consideration of the Board's obligations under a
Transition Agreement by and between the Key Largo Wastewater Treatment District, the
Florida Keys Aqueduct Authority (the "Authority"), and the Board to-•provide-liamited
funding source for the reimbursement and provision of municipal services relating to
administration, planning and development of wastewater and reclaimed water projects
(the "Transition Agreement").
SECTION 3. CREATION OF MUNICIPAL SERVICE TAXIING UNIT.
(A) Pursuant to the provisions of section 125.01(1)(q), Florida Statutes, there is
hereby created a municipal service taxing unit for that portion of the County within the
unincorporated of Key Largo under the jurisdiction of the KLWTD. Stich municipal
service taxing unit shall be known as the Key Largo Wastewater' -`Treatment District
Municipal. Service Taxing Unit. All matters concerning such municipal service taxing
unit shall be governed by the Board.
(B) The boundaries of the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit (MSTU) are also described in Exhibit A hereto and same are
incorporated by reference.
(C) From time to time the Board may by resolution take any action not
inconsistent with this Ordinance or the Transition Agreement to assist the KLWTD in
funding the administration, planning and development of wastewater and reclaimed water
projects within and benefiting the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit. -
SECTION 4. AUTHORIZATION OF AD VALOREM TAXES.
(A) The Board is hereby authorized, in the manner and under the authority
provided by section 125.01(1)(q) and (r), Florida Statutes, to levy and collect additional
ad valorem taxes at a millage rate not to exceed 0.35 nil upon real and personal property
within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit
commencing with County fiscal year 2003-2004. The foregoing millage limitation shall
not be increased without the Key Largo Wastewater Treatment District first adopting a
resolution consenting thereto.
2
Ordinance Creating Key Largo Wastewater Treatment District MSTU
(13) The collection of ad valorem taxes as authorized herein shall cease after four
(4) consecutive fiscal years and the Key Largo Wastewater Treatment District Municipal
Service Taxing Unit shall terminate at the end of County fiscal year 2007-2008.
SECTION 5. USE OF REVENUE; EAPLEMENTATION.
(A) Revenues derived from ad valorem taxes levied within the Key Largo
Wastewater Treatment District Municipal Service Taxing Unit pursuant to:Section 4. shall
be used solely to pay for and provide funding for administration, planning and
development costs associated with and incurred in advancing of wastewater and
reclaimed water projects within and benefiting the Key Largo Wastewater Treatment
District Municipal Service Taxing Unit.
(B) The Board shall adopt a budget for the Key Largo Wastewater Treatment
District Municipal Service Taxing Unit for the fiscal year beginning October 1, 2003, and
each year thereafter, at the same time and in the same manner as the County budget.
Such budget shall contain all or such portions of the costs incurred and planned in
conjunction with the finding of municipal services contracted to be.."provided by the
Authority under any interlocal agreement.
SECTION 6. SEVERABILTTy- Should any provision of this Ordinance
be declared by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part thereof, other than the part declared
to be invalid.
SECTION 7. CONFLICT WITH OTHER ORDINANCES. All ordinances
or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of
said conflict.
SECTION 8. INCLUSION IN THE CODE OF ORDINANCES. The
Provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform numbering system of the
code.
SECTION 9. EFFECTIVE DATE.
(A) The effectiveness of this Ordinance shall be subject to the Key Largo
Wastewater Treatment District adopting a resolution consenting to the inclusion of the
unincorporated areas of the Key Largo Wastewater Treatment District within the
boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing
Unit.
3
Ordinance Creating Key Largo Wastewater Treabnent District MSTU
(B) This Ordinance shall be filed with the Department of State prior to June 30,
2003.
(C) After enactment by the Board, this Ordinance shall be filed with the
Department of State as provided in section 125.66(2), Florida Statutes.
[Remainder of page intentionally left blank).-
4
Ordinance Creating Key Largo Wastewater Treatment District MSTU
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on this
March .2003. 19� day of
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
(SEAL)
Danny Kolhage, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA . `
By:
Mayor/Chairperson
5
Ordinance Creating Key Longo Wastewater Treatment District MSTU
KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE
TA ING UNIT AREA
The Municipal Services Taxing Unit will include all areas within the .boundaries of the Key
Largo Wastewater Treatment District inclusive as identified in the attached map graphic.
A-1
Or,,In=ce Creating Key Largo Wastewater Treatment Disb'ict MSTU
A-1
Feb'11 03 03:36p Growth Mgt (305)289-2854 F.2
02/JJ/2003 TUB 16:08 F.0 407 629 0963 Corm Services Croup Q 002/002
AMENDED RESOLUTION 2.003- 4
A RESOLli 170N .BY 'i'AL,r KEY LARGO WAS'l EWNITAt
TREATMENT DISTRICT BOARD OF COMMISSIONERS
REQUT.STING IME MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TO ADOPT A HUNIC.IPAI,
SERVICES TAXING UNIT IrMSTiM AND
ESTAHLISPMG A TE
SUGGESD 1ISTU MILLAGE RATE
FOR KEY LARCO WASTEWATER TRE.4.TMENT
DISTRICT
WIMR AS, tfiv =rablid nnrat by the Monte County Bomd of County Cpr m niopm
of a MSTU would serve a t.miid county Purpose and a special district pwixnr, spccyfncally far
w atrr, wostewatcr tend sewage coUaction and disposal and related mvrdtipal servieas;
WHEREAS, pursuant to section 125.01(2), Florida Statutes, the Board of County
Commissioners shaU be the Soveming body of any 'UM) crated .Ixtmma to section
123.01(lXq), Florida Statutes;
WHERi•NA.S, the Board of Coattaiscionm of the Key Lamp Wastmmer,. Trwa ncnt
District desirm to request the Monroe County Board of County Commisdoncts to establish a
MSTU for tbec District, pursuant to section 12SA1(I)(q), Florida Statutos.
NOW, TUEREFOM BE IT RESOLYM 13Y TIIE BOARD OF
COM.'11LS9i0► ms Oir'THE KEY LARGO WASTEWATER TREATIMENT DISTRICT:
I. 711e Ward hereby rNumas the Monroe County Board of County
Commissioners to establish a MSTU for the District, pursuant to section
125.01(1 )(q), }•7orida Statutm
2. The Board hereby recomrneuds that a millAS rate not to exceed .35
should be applied to the Board's request to the MJnNO County Board of
County Commissioners ofestablishmeat of a MTm.
PASSED AIND ADOPTED this 2M day of hammy, 2003.
FAILED this day of January, 2003.
KEY LARCO WASTEWATER TRRATMiO r
DISTRICT CO G BOARD '
ChairIc
% yr
Seottvy v�•
L%*%nm Oanwmo.sKey Logo Aaenftj nc MSTUAM
Exhibit K
o�N .�_� ►t uw a ri�►z
_ United States Department of the Interior
� 7f
j � 1
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Office
1339 20' Street
Vero Beach, Florida 32960
June 11, 2001
William R. Straw
Regional Environmental Officer
Federal Emergency Management Agency
3003 Chamblee Tucker Road
Atlanta, Georgia 303414130
-411.N 2 0 ^1 Al 11]
i
GROM MANAGEMENT IS10N
Log No.: 4-1-00-F-73 6
Dated: December 18 2000
Applicant: Federal Emergency Management
Agency
County: Monroe
Dear Mr. Straw:
This document transmits the Fish and Wildlife Service's (Service) Biological Opinion based on
our review of the Federal Emergency Management Agency's (FEMA) proposal to construct the
Key Largo Wastewater Treatment Plant (WTP) and its effects on the endangered Schaus
swallowtail butterfly (Heraclides aristodemus ponceanus), the threatened Stock Island tree snail
(Orthalicus reses), and the threatened eastern indigo snake (Drymarchon corais couperi) in
accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.
1631 et seq.). Your request for consultation was received on December 18, 2000.
This Biological Opinion is based on information provided in the October 30, 2000, draft
Endangered Species Biological Assessment (FEMA 2000), telephone conversations with FEMA
and Monroe County representatives, species experts, members of the public, field investigations,
and other sources of information. A complete administrative record of this consultation is on file
at the Florida Keys Ecological Services Field Office on Big Pine Key, Monroe County, Florida.
Consultation history
The Biological Opinion presented here is the result of informal coordination and consultation
between the Service and FEMA. This consultation history represents coordination letters and
documents from this process.
.On April 7, 2000, the Service sent a letter to Monroe County informing the County of the
presence of several federally -listed threatened and endangered species on Key Largo, and
expressing an interest in assisting the County in the selection of wastewater treatment plant
facility locations.
On June 23, 2000, the Service sent a letter to FEMA identifying the possible use of Federal
funds for the proposed Key Largo WTP. The Service requested that FEMA evaluate the
proposed construction for impacts to threatened and endangered species and initiate consultation
in accordance with section 7 of the ESA.
On July 7, 2000, FEMA sent a letter to the Service acknowledging that Federal funds through
FEMA's Hazard Mitigation Grant Program were being used for the proposed Key Largo WTP,
and requested initiation of formal consultation to determine if construction of the proposed
project would result in adverse effects to threatened and endangered species. A preliminary
environmental assessment prepared by Monroe County describing the location and
environmental conditions of the proposed site was included for the Service's review.
On July 14, 2000, the Florida Fish and Wildlife Conservation Commission sent a letter to
MA
expressing a concern that the site selected for the Key Largo WTP at Mile Marker 100.5 on K y
Largo was important habitat for both State and federally -listed threatened and endangered
species and recommended against FEMA funding for the project at this location.
On July 28, 2000, the Service sent a letter to Carlton Fields, Attorneys at Law, informing them
that the Service was consulting with FEMA on the Key Largo WTP; a Biological Opinion would
be prepared, if necessary; and preparation of a Habitat Conservation i?laij is riot required by
section 7 of the ESA.
On October 30, 2000, FEMA sent a draft Biological Assessment (BA) to the Service for the Kev
Largo WTP.
On December 14, 2000, the Service sent an email correspondence to FEMA requesting that
FEMA initiate formal consultation for the Key Largo WTP since the BA for the project
identified the potential for take of the Schaus swallowtail butterfly, the Stock Island tree snail,
and the eastern indigo snake.
On December 18, 2000, FEMA sent a letter to the Service requesting initiation of formal
consultation for the Key Largo WTP.
On December 20, 2000, the Service sent a letter to FEMA acknowledging receipt of FEMA's
request for formal consultation for the Key Largo WTP. In that letter, the Service concluded that
all necessary information for the consultation had been received and established a date of May 4,
2001, for the completion of the Biological Opinion.
BIOLOGICAL OPINION
Descrintion of the proposed action
FEMA is proposing to construct the Key Largo WTP on a 23-acre tropical hardwood hammock
parcel located at Mile Marker 100.5, Key Largo, Monroe County, Florida (Figure 1).
Anticipated impacts of the project include destruction of 2.6 acres of tropical hardwood
2
hammock that provide habitat for the Schaus swallowtail butterfly, the Stock Island tree snail,
and the eastern indigo snake. Conservation measures proposed for this project include the
establishment of a conservation easement over the unused 20 acres of tropical hardwood
hammock remaining on the project site, 0.4 acre of on -site hardwood hammock restoration, and
specific construction procedures aimed at impact avoidance.
For the purpose of this consultation, the action area will be defined as the 23-acre parcel of land
proposed for the Key Largo WTP.
Key Largo is a long, narrow island situated in a northeast to southwest direction and is composed
of Key Largo limestong, a porous limestone formed by ancient reef formations. The 23-acre
action area consists mainly of tropical hardwood hammock, with minimal disturbed areas
consisting of old clearings and debris located near the edges of the property. The property is
located immediately south of U.S. 1 and Mile Marker 100.5, and lies adjacent to existing
protected hardwood hammocks to the east and south and commercial development to the west.
The action area has been targeted for acquisition by the State of Florida's Conservation and
Recreational Lands (CARL) program under the Florida Keys Ecosystem proposal and is part of
the larger 191-acre Newport Hammocks project. Prior to purchase by Monroe County for the
Key Largo WTP, the action area .had been surveyed for purchase through CARL and acquisition
was underway.
Tropical hardwood hammocks are closed canopy forests, dominated by a diverse assemblage of
evergreen and semi -deciduous tree and shrub species, mostly of West Indian origin. Vegetation
on the action area is typical of more mature hammocks on the Keys, with a varied overstory
including poisonwood (Metopium toxiferum), West Indian mahagony (Swielenia mahagoni),
wild tamarind (Lysiloma latilisiliquum), gumbo limbo (Bursera simaruba), pigeon plum
(Coccoloba diversifolia), and ironwood (Krugiodendron ferreum). Understory plants are diverse
and varied, but include both wild lime (Zanthoxylum fagara) and torchwood (Amyris elemifera),
species specifically utilized by Schaus swallowtail butterflies for egg deposition and larval host
plants.
Tropical hardwood hammocks are found nearly throughout the southern half of south Florida,
with large concentrations in Miami -Dade County on the.Miami Rock Ridge, in Miami -Dade and
Monroe counties in the Florida Keys and along the northern shores of Florida Bay; and in the
Pinecrest region of the Big Cypress Swamp. Tropical hardwood hammocks are critical habitat
for many West Indian plant species and provide important habitat for many species of wildlife,
including nine federally -listed species. While the majority of the remaining tropical hardwood
hammocks outside the Florida Keys are in public ownership, hammocks are still significantly
threatened by development in the Florida Keys, with Key Largo containing the largest stands of
intact hammock remaining on the Keys. Tropical hardwood hammocks have been heavily
impacted by conversion to agriculture, exotic plant and animal species, collecting pressure on
plants and animals, anthropogenic fires, and alterations in hydrology.
3
Status of—SPecies/critical habitat
The Service has determined that the proposed action may adversely affect the Schaus
swallowtail butterfly, the Stock Island tree snail, and the eastern indigo snake. Critical habitat
has not been designated for any of these species.
Schaus swallowtail butterfly
A. Species description
The Schaus swallowtail is a large blackish -brown butterfly with contrasting markings that are
mostly dull yellow (Service 1999). Their antennae are black with a yellow knob that has a black
tip. Their forewings have a dull yellow median band from the apex to about midpoint of the
inner margin, with a short side branch to costa about 1/3 distance from the apex. Their
subterminal and terminal lines consist of lunular yellow spots from apex to anal angle. Their ,
hindwings have a yellow median band continuing that of the forewing, and a submarginal row of
large yellow lunular spots; the concavities of a deeply scalloped outer margin have yellow
edging. Their blackish tail is straight -edged (not teardrop -shaped), and is bordered with yellow.
The tails have a hollow red spot along the anal margin just above the anal angle, with bluish
scaling. __ .- .
The underside of a Schaus swallowtail wing is yellow with black shading mostly in the median
and submarginal areas of the forewing, and in the terminal area and tails of the hindwing. A dull
brownish red median band extends from costa to inner margin of the hindwing, narrowing before
touching these margins. There is extensive bluish scaling along the outer edge of the reddish
band of the wing. The wingspan is 2.9 to 4 inches (8.6 to 9.5 cm) (Covell 1985).
The Schaus swallowtail butterfly is most easily confused with the giant swallowtail butterfly
(Heraclides cresphontes) Cramer, which is widespread in eastern North America and also occurs
in habitat occupied by the Schaus swallowtail. The two butterflies are easily separated by size
and color: the giant swallowtail is larger than the Schaus swallowtail and is more nearly coal -
black with brighter yellow lines. The giant -swallowtail has a broader median forewing band that
is more broken into spots, and is less separated from the submarginal band toward the apex. The
giant swallowtail antennae are solid black and its tail is teardrop -shaped, yellow inside bordered
with black edging. The reddish markings on the underside of its wings are less brownish and
much less extensive than on the Schaus swallowtail (Service 1999).
B. Life history
Distribution and habitat: The present distribution of the Schaus swallowtail butterfly is limited
to undisturbed tropical hardwood hammocks in insular portions of Miami -Dade and Monroe
counties from Elliott Key in Biscayne National Park in the northeast southwest to northern Key
Largo (Service 1999 - Figure 1). Individuals have been seen in and adjacent to the Crocodile
Lakes National Wildlife Refuge. Captive bred butterflies have been released on six sites in
North Key Largo.
4
There have been two recent possible, but unverified, sightings of Schaus swallowtail butterflies
in the lower Keys. One Schaus swallowtail was seen on Big Pine Key in 1966 (Service 1999).
Another Schaus swallowtail butterfly was sighted on Lignumvitae Key, a State park, in 1973
(Covell 1977). A 1984 survey from Elliott Key to Key West found no Schaus swallowtail
butterflies south of north Key Largo, although a verified sighting occurred on Upper Matecumbe
Key in 1986 (Service 1999). In 1985, over 400 Schaus swallowtail butterflies were seen in
Biscayne National Park, and a few were spotted at four sites in northern Key Largo (Service
1999). In 1986, the population of adult Schaus swallowtail butterflies on Elliott Key was
estimated at 750-1,000 individuals; in the same year, there were an estimated 50-80 individuals
(adults and immatures) on each of Old Rhodes, Totten,:and Adams Keys (Emmel 1986a).
The Schaus swallowtail butterfly was described by Schaus in 1911 from specimens collected in
May 1898, in the south Miami area. The last known mainland specimen was collected in
Coconut Grove, Dade County, in May 1924 (Service 1999). One older speclmenrwas reportedly
collected in Key West (Service 1999). A colony flourished from 1935 to 1946 on Lower
Matecumbe Key (Service 1999, Grimshawe 1940), with a single capture recorded there in 1964
(Service 1999). The Schaus swallowtail butterfly has been known to occur on northern Key
Largo from 1940 to present, although_rare since the mid-1970s (Service 1999). The�Schaus
swallowtail butterfly has been known to exist on the larger islands of Bisca} 4 National Park
since 1972 (Brown 1973, Covel and Rawson 1973).
The Schaus swallowtail butterfly occurs exclusively in mature subtropical dry forest (hardwood
hammocks) that are now extensive only in the upper Keys in Miami -Dade and Monroe counties
(Service 1999). Adults of this species may fly in clearings and along roads and trails, or even
out over the ocean for short distances (Rutkowski 1971, Brown 1973), but they typically remain
in the hammocks proper (Rutkowski 1971). Nectaring activity usually occurs on blossoms of
wild coffee, guava (Psidium guajava), or cheese shrub (Morinda royoc), along the margins of
these hammocks; they rarely feed in areas open to direct sunlight (Service 1999, Rutkowski
1971).
Other characteristics of Schaus swallowtail butterfly habitats are that they are relatively high
elevation (3 to 4.6 m above sea level), away -from tidal waters, and have a mature overstory of
trees such as gumbo limbo, pigeon plum, black ironwood (Krugiodendron ferreum), West Indian
mahogany, and wild tamarind (Covell 1976).
Dense, mature subtropical hardwood hammock habitat on well -drained substrate.with dappled
sunlight penetration are essential for the continued survival of both the Schaus swallowtail
butterfly and its primary food plant, torchwood (Amyris elemifera) (Emmel 1985a;, Service 1999,
Covell 1976, Rutkowski 1971, Brown 1973, Loftus and Kushlan 1984): The minimum area
required for a viable population is not known nor is the optimum density of primary and
secondary food plants in the habitat.
Behavior: The Schaus swallowtail butterfly is territorial to the extent that males have been
observed to investigate other males entering their territories within hardwood hammocks
(Emmet 1985a). Male butterflies have also been reported as they patrolled the tree tops at a
height of 10 feet or more during the hot afternoon on bright days, sometimes descending into
open spaces to investigate any other H.c. ponceanus (Rutkowski 1971). Emmel 0985a) also
notes that male Schaus swallowtail butterflies are remarkably adapted to flight within hardwood
hammocks and are able to pick their way among branches and around spider webs.
The Schaus swallowtail butterfly spends much of its time within hammocks, particularly where
sunlight penetrates to give a dappling effect (Emmel 1985a). Courtship has been observed along
narrow trails cut through the hammock (Rutkowski 1971). Open areas, such as trails or clearings
within or near the dense hammock, are requisite for courtship activity and nectaring. These open
areas may be natural or man-made. The Schaus swallowtail butterfly appears to be strictly
diurnal.
While no mass migration of the Schaus swallowtail butterfly has ever been reported, an
individual was followed as it crossed a half -mile expanse of Biscayne Bay between two islands
(Brown 1973). In 1986, a Schaus swallowtail butterfly was seen crossing about 360 meters from
Old Rhodes Key to Swan Key (Service 1999). These observations suggest that these butterflies can travel across open water for a considerable distance among the upper Keys and may be able
to travel to and from the mainland.
Adult Schaus swallowtail butterflies are active primarily in May and June;'vvith most sightings
recorded between mid -April and mid -July (Service 1999). A few August and September records
suggest either delayed -emergence during a year or a facultative second brood (Service 1999,
Brown 1976).
There is only one generation of Schaus swallowtail butterflies per year and adults are short-lived
(Emmel 1985a). There is some evidence from rearing that diapause may extend for at least 2
years (Grimshawe 1940). If this occurs in natural populations, the Schaus swallowtail butterfly
could survive extreme droughts in the season following its larval development by delaying
emergence, perhaps until July -September or later (Rutkowski 1971). Some adults are active
during July -September as well as during the normal flight period of late April through early July
(Brown 1973).
Fe- eding: Young caterpillars use tender, young leaves of plants, such as wild lime, and will avoid
tougher, older leaves. However, fifth (final) instar larvae have been observed eating tougher
older leaves oftorchwood and prickly -ash (Service 1999, Rutkowski 1971). Adults have beenrub, blue porterweed (Stachylarpheta
observed taking nectar from blossoms of guava, cheese shrub,
jamaicensis), sea grape, dog's tail (Heliotropium angiospermum), Lantana (Lantana involucrata),
salt -and -pepper (Melanthera nivea), and wild coffee (Emmel 1986a, Service 1999, Rutkowski
1971).
Reproduction: While mating has not been observed in the wild, oviposition in nature has been
described. The Schaus swallowtail butterfly uses torchwood and wild lime to deposit its eggs
(Grimshawe 1940, Rutkowski 1971, Brown 1973). These food plants are either at the edge of
hammocks along trails impartially sheltered by the canopy or they are in the hammocks proper,
at the edge of a clearing or where a fairly large opening in the canopy exists. Females deposit
T
single eggs on the upper surface of the tips of the leaves, however, there is one record of two
eggs on a leaf (Service 1999). Eggs and larvae are not found on plants in open sunlight;
however, in contrast, the giant swallowtail butterfly has been observed ovipositing on wild lime
growing in the open (Service 1999). Eggs take 3-5 days to hatch.
No studies on sex ratio have been published, but Covell (1985) has found that males are more
abundant than females. Of 245 adult Schaus swallowtail butterflies in collections, 136 were
males, 41 were females, and 68 had no sex indicated. These skewed sex ratios are likely biased.
Female butterflies are typically more secretive than males. In addition, butterfly collectors may
avoid killing females to allow the species to persist so that additional specimens may be taken at
a later time.
Information on survival rate of adults is mostly anecdotal. Earlier projections are that adults live
only about 2 weeks and suffer damage more quickly than similar species that live. in more open
areas because of hazards of life in the dense brush of the hammock (Emmel 1985a).
Egg survival rates of Schaus swallowtail in the wild are poorly known, but an egg survival rate
of 29.7 percent (I I of 37) was cited in.one case for a group of eggs collected in the wild. Further
mortality of hatching larvae resulted in a survival rate of only 5 percent in the'group studied
(Emmel 1985b). Development from egg to adult was described by Grimshawe (1940) and
Rutkowski (1971). Rutkowski (1971) noted a white osmeteria on the larvae and drinking of
water droplets by fifth instar caterpillars.
C. Status and trends
The Schaus swallowtail butterfly was listed as a threatened species on April 28, 1976, because of
population declines associated with habitat loss, pesticide use, and collecting (41 FR 17740).
The Schaus swallowtail butterfly was reclassified to an endangered species on August 31, 1984,
because its numbers and range had declined dramatically since its first listing (49 FR 34504).
Habitat loss, habitat fragmentation and application of pesticides are the primary factors
responsible for the decline of Schaus swallowtail butterfly throughout its range. Paved roads
through Schaus swallowtail butterfly habitat, particularly S.R. 905 on northern Key Largo,
facilitate road kill of adults (Service 1999). Aerial application of insecticides for mosquito
control throughout the Keys likely affect Schaus swallowtail butterfly populations. The
pesticides Dibrom,-Baytex, and Teknar, used in the Keys for mosquito control,_ are toxic to the
related giant swallowtail butterfly in the laboratory (Emmet 1986b).
The primary threats to the survival and recovery of the Schaus swallowtail butterfly are habitat
loss due to development, pesticide use, over -collecting, and climatic factors such as hurricanes,
freezes, and droughts. The population on Key Largo is at -risk due to extensive habitat loss and
fragmentation, making preservation of the remaining large contiguous forest fragments essential.
7
D. Analysis of the species likely to be affected
The current range of the Schaus swallowtail butterfly includes hardwood hammock on the upper
Florida Keys from Lower Matecumbe Key north to Elliot Key. Habitat loss from development,
pesticide use, and over -collecting are the primary causes for this -subspecies decline. Hammock
fragments such as the action area are increasingly rare in the upper Keys as a result of
development activities and acquisition of the remaining patches for conservation is a high
priority. The proposed project would adversely affect the Schaus' swallowtail butterfly through
the loss and degradation of the remaining habitat on -site from secondary effects including
microhabitat alteration, increased edge effects, and exotic species such as fire ants.
Stock Island tree snail
A. Species description
The Stock Island tree snail was first described by Say in 1830 based on a snail that was probably
collected from Key West. That specimen was lost and the species was later described by Pilsbry
around 1946 using a snail from Stock Island. The Stock Island tree snail is a subspecies in the
genus Orthalicus Pilsbry wrote that he believed Orthalicus migrated throjigh tropical America
on floating trees that were later -blown ashore.
Pilsbry (1946) described the Stock Island tree snail as having a shell that is rather thin and light,
less solid than [other] races of [Orthalicus]. White to warm buff, this tint deepening near the lip
or behind the later varices; stripes... purplish brown, running with the growth -lines, the stripes
and the streaks often interrupted between the bands, and mostly not extending below the lower
one; growth -rest varices usually 2 to 4 on the last whorl; three spiral banks, the.upper and lower
interrupted, are indicated, but weaken with age. Apex white. Aperture showing the varices,
bands and streaks vividly inside; columella white, straightened above; parietal callus white, or
dilute chestnut in old shells. The characteristics that most distinguish this species from O. reses
nesodryas are the white apex and white columella and parietal callus. These characteristics are
chestnut -brown or darker in O. reses nesodryas
B. Life history
Distribution and habitat: Historically, Stock Island tree snails were found only on Stock Island
and Key West. Today, snails are only found in small numbers on Key West and in a few
hardwood hammocks in the upper Keys. They feed on epiphytic growth on hardwood tree .
trunks, branches, and leaves. The Stock Island tree snail survives best in higher -elevation
hammocks (minimum elevations of 5-11 feet) that support relatively large amounts -of lichens
and algae.
Larger trees support more Stock Island tree snails than smaller trees because they provide the
snails with an increased surface area for foraging (Deisler 1987). There is no evidence that
Stock Island tree snails prefer certain tree types or species (Deisler 1987), although they seem to
prefer trees with smooth bark over trees with rough bark.
8
Stock Island tree snails are arboreal except when they move to the forest floor for nesting or
traveling. Hammocks that contained well -developed soils or leaf litter are probably necessary
for nesting activity and dispersal.
No data are available on minimal hammock size needed to support a viable population of tree
snails. Suitable habitat would have to include an area large enough to provide for foraging and
nesting requirements as well as provide for the microclimate (air temperature and humidity)
needed by the Stock Island tree snail.
Behavior: The Stock Island tree snails are active mainly during the wet season. Besides the
reproductive activities discussed above, most of the feeding and dispersion takes place during
the wet season (May through November). Dry periods (usually December through April) are
spent in aestivation in which the Stock Island tree snail forms a tight sealed barrier between the
aperture and a tree trunk or branch. Snails may come out of aestivation briefly -to feed during
dry season rains or go into aestivation during summer dry spells.
Feedine: Little is known about the feeding habits or food preferences of the Stock Island tree
snail. Probable food items include a large variety of fungi, algae, and lichens found on the bark
of hammock trees. Mixobacteria and some small mites may serve as a secondary. food source.
Feeding can occur an '
g ytime during the day or night with peak feeding activity occurring from late
afternoon through the night to midmorning and during or immediately after rainfall. Feeding
Stock Island tree snails often follow a random twisting path that covers the entire bark surface
but will move in a straight line if surface moisture is abundant.
Reproduction: The snails are hermaphroditic, but cross-fertilization appears to be common.
They mate and nest in late summer and early fall during the wettest part of the rainy season.
They lay approximately 15 eggs per clutch in a cavity that is dug into the soil humus layer,
usually at the base of a tree, and take anywhere from 24 to 105 hours to deposit their: eggs
(Deisler 1987). The eggs -hatch during the onset of the rains the following spring. Upon
hatching, the Stock Island tree snails immediately proceed to climb adjacent trees. Most nesting
snails appear to be approximately 2-3 years old and are estimated to live for up to _6 years, with
2.11 years being the mean age for the Stock Island population at the time of Deisler's study
(1987). The Stock Island tree snail's age can be estimated by counting the number of dark
suture -like lines resulting from pigment deposition during the dry season.
C. Status and trends
The Stock Island tree snail was listed as threatened by the Service on July 1978-;(43 FR 28932)
because of population declines, habitat destruction and modification, pesticide use, and over -
collecting (Service 1999). Since its original listing, this threatened snail has probably been
eliminated from its historic range on Stock Island by extensive habitat destruction. It currently
exists in hardwood hammock patches on Key Largo and possibly the everglades, and in a
residential setting on Key West.
Z
The primary threats to the survival and recovery of the Stock Island tree snail include loss of
habitat from development, application of pesticides, fragmentation of habitat, and predation by
black rats (Rattus rattus) and fire ants (Solenopsis invicta). Increased urbanization in the Keys
over the last 30 years has led to the destruction, fragmentation, and reduction in quality of
habitat throughout its historic and present range. Pesticide use near known sites of the Stock
Island tree snail has impacted populations either by poisoning animals directly or altering
reproduction. Trash and debris piles have also served as a food source and provided home sites
for black rats which prey on the snail. Illegal collecting of Stock Island tree snail has reduced
snail populations and contributed to the extirpation of the snail from Stock Island (Service 1999).
The population on Key Largo is at -risk due to extensive habitat loss and fragmentation, making
preservation of the remaining large contiguous forest fragments essential (Forys et al. 1996).
D. Analysis of the species likely to be affected
The current range of the Stock Island tree snail includes only hardwood .hammock fragments
where the species has been relocated by collectors and conservationists. The subspecies is
believed to be extirpated from its historic range, and the long-term survival of the taxon is
doubtful. Hammock fragments, such.as the action area, are increasingly rare in the upper Keys
as a result of development activities, and acquisition of the remaining patches for conservation is
a high priority. The proposed project would adversely impact the`' Stock Island tree snail through
a direct loss of individuals and also through the degradation of the remaining habitat on -site from
secondary effects including microhabitat alteration, increased edge effects, and exotic species
such as fire ants.
Eastern indigo snake
A. Species description
The eastern indigo snake ranges from the southeastern United States to northern Argentina
(Service 1999). This species has eight recognized subspecies, two of which occur in the United
States: the eastern indigo and the Texas indigo (D. c. erebennus) (Service 1999). At one time,
the eastern indigo snake occurred in the coastal plain of the southeastern United States, from
South Carolina to Florida and west to Louisiana.
The- eastern indigo snake is the largest non -venomous snake in North America, obtaining lengths
of up to 104 inches (Service 1999). Its color is uniformly lustrous -black, dorsally and ventrally,
except for a red or cream -colored suffusion of the chin, throat, and sometimes the cheeks. Its
scales are large and smooth (the central 3-5 scale rows are lightly keeled in adult males) in 17
scale rows at midbody. Its anal plate is undivided.
In the Keys, adult eastern indigo snakes seem to have less red on their faces or throats compared
to most mainland specimens (Service 1999). Several researchers have informally suggested that
lower Keys eastern indigo snakes may differ from mainland snakes in ways other than color.
10
B. Life history
Distribution and habitat: Historically, the eastern indigo snake occurred throughout Florida and
in the coastal plain of Georgia and has been recorded in Alabama and Mississippi. It may have
occurred in southern South Carolina, but its occurrence there cannot be confirmed.
Georgia and Florida currently support the remaining, endemic populations of the eastern indigo
snake (Service 1999), with only a few populations remaining in the Florida panhandle.
Nevertheless, based on museum specimens and field sightings, the eastern indigo snake still
occurs throughout Florida, though not common (Service 1999).
In the upper Keys, eastern indigo snakes occur on North Key Largo, likely restricted to
Crocodile Lake National Wildlife Refuge and Key Largo State Botanical Site. It is unlikely that
any resident individuals remain south of North Key Largo through Marathon as the remaining
habitat is greatly reduced and fragmented. In the lower Keys, eastern indigo snakes have been
reported on Big Pine and Middle Torch, Big Torch, Little Torch, Summerland, Cudjoe,
Sugarloaf, and Boca Chica Keys (Service 1999). Since thorough surveys have not been
conducted in the Keys, the eastern indigo snake may occur on other keys as well.
Over. most of its range in Florida, the eastern indigo snake frequents diverse habitats such as pine
flatwoods, scrubby flatwoods, flood plain edges, sand ridges, dry glades,'tropical hammocks,
edges of freshwater marshes, muckland fields, coastal dunes, and xeric sandhill communities. In
south Florida, these snakes are found in pine flatwoods and tropical hammocks. Eastern indigo
snakes also use agricultural lands and various types of wetlands, with higher population
concentrations occurring in the sandhill and pineland regions of northern and central Florida.
Eastern indigo snakes utilize similar habitats in the Keys.
Eastern indigo snakes require a mosaic of habitats. Interspersion of tortoise -inhabited sandhills
and wetlands improves habitat quality for the eastern indigo snakes (Service 1999). Eastern
indigo snakes require sheltered retreats from winter cold and desiccating conditions, and often
use burrows of the gopher tortoise (Gopherus polyphemus) when available. In habitats lacking
gopher tortoises, eastern indigo snakes may take shelter in hollowed root channels, hollow logs,
or the burrows of rodents, armadillo, or crabs (Service 1999).
The average range of the eastern indigo snake is 4.8 hectares during the winter (December -
April), 42.9 hectares during late spring/early summer (May -July), and 97.4 hectares during late
summer and fall (August- November) (Service 1999). Adult male eastern indigo snakes have
larger home ranges than adult females and juveniles; their ranges may encompass as much` as
224 hectares and 158 hectares in the summer (Moler 1986). By contrast, a gravid female may
use from 1.4 hectares to 42.9 hectares (Service 1999).
Feeding: The eastern indigo snake is a generalized predator and will eat any vertebrate small
enough to be overpowered. The snake's food items include fish, frogs, toads, snakes (venomous
as well as nonvenomous), lizards, turtles, turtle eggs, small alligators, birds, and small mammals.
Reoroduction: Eastern indigo snakes breed between November and April, with females
depositing 4-12 eggs during May or June (Service 1999). Young hatch in approximately 3
months from late May through August with peak hatching activity occurring between August
and September, while yearling activity peaks in April and May (Service 1999). There is no
evidence of parental care although the snakes take 3 to 4-years to reach sexual maturity (Service
1999).
Female eastern indigo snakes can store sperm and delay fertilization of eggs; there is a single
record of a captive snake laying five eggs (at least one of which was fertile) after being isolated
for more than 4 years (Service 1999). There is no information on eastern indigo snake lifespan
in the wild, but in captivity an eastern indigo snake lived 25 years, 11 months (Service 1999).
C. Status and trends
The eastern indigo snake was listed as a threatened species on January 31, 1978 (43 FR 4028).
This snake was listed because of dramatic population declines caused by habitat loss, over -
collecting for the domestic and international pet trade, and mortalities caused by rattlesnake
collectors who gas gopher tortoise burrows to collect snakes (Service 1999). When the eastern
indigo snake was listed, the main cause of its population decline was over -collecting for the pet
trade.
The eastern indigo snake was listed based on habitat loss, over -collecting for the pet trade, and
mortality from gassing gopher tortoise burrows to collect rattlesnakes. At the time of listing, the
main factor in the decline of the eastern indigo snake was attributed to exploitation for the pet
trade. Law enforcement has reduced pressure from the pet trade, but loss of habitat remains a
major threat to the long-term survival of the species. The primary threats to the survival and
recovery of the eastern indigo snake on the Keys are habitat loss due to development. The
already greatly reduced population on Key Largo is at -risk due to extensive habitat loss and
fragmentation, making preservation of the remaining large contiguous forest fragments essential.
The status of the eastern indigo snake is not well documented in the Keys, but it is believed to be
nearly extirpated. Based .on anecdotal information, the Keys population has declined over the
last two decades. Currently, the eastern indigo snake probably only occurs on North Key Largo
in the upper Keys, and on the larger keys from Big Pine Key through Lower Sugarloaf Key in
the Lower Keys. Habitat loss, collecting, and road kills are likely causes for the observed
decline, a trend further amplified by the small size of these islands relative to mainland habitat
conditions.
The eastern indigo snake utilizes a majority of the habitat types available in the Keys, but tends
to prefer open, undeveloped areas (Service 1999). Because of its relatively large home range,
this snake is especially vulnerable to habitat loss, degradation, and fragmentation (Service 1999)
on these small islands. Low density residential housing is also a threat to this species,
increasing the likelihood of snakes being killed by property owners and domestic pets.
Extensive tracts of wild land are the most important refuge for large numbers of eastern indigo
snakes (Service 1999).
12
D. Analysis of the species likely to be affected
The current range of the eastern indigo snake in the Florida Keys is likely restricted to extreme
northern Key Largo. Although possible, it is highly unlikely that this species occurs in the
action area. For this reason, hammock fragments such as the action area contribute very little if
at all to conservation of the Eastern indigo snake, and it is doubtful if the proposed action will
adversely affect this species. Because the proposed action is not likely to adversely affect the
eastern indigo snake, this species will not be considered further in this consultation.
Environmental baseline
r
A. Status of the species in the action area
A unique combination of geological history, climate, geography, and environmental forces has
made the Keys an important reservoir of landscape, community, and species diversity. The
vegetation of the Keys represents a mixture of Caribbean,. southern temperate, and local
influences. The upland areas of the Keys occur on limestone outcroppings that are called the
south Florida rocklands. These rocklands, which form both the Miami Rock Ridgp�and the
Florida Keys, support biotic communities that are a unique combination of a West Indian flora
and a southeastern flora and fauna. The relative isolation of these rocklands has also allowed a
significant amount of endemism to evolve: 37 endemic herbaceous plants, 5 endemic trees and
shrubs, 10 endemic mammals, 5 endemic reptiles, and endemic invertebrates such as the Stock
Island tree snail and the Schaus swallowtail butterfly all occur in these rocklands.
Before the arrival of Europeans, the upper Keys (Ragged Keys to Long Key) contained 4,816
hectares of hardwood hammock forests (Service 1999). These areas contained a continuous
strand of deciduous, seasonal forests encircled by a fringe of mangroves. Since European
settlement of the Keys, anthropogenic effects have directly affected the deciduous forests,
hardwood hammocks, and mangrove fringes of the Keys. As a result of habitat destruction and
modification for residential, commercial, and agricultural uses, most of the hammock forests in
the upper Keys have been lost or fragmented. Since 1924, habitat destruction and modification
for residential and commercial uses has had a dramatic, permanent effect on these forests. By
1991, 41.2 percent.of the deciduous seasonal forests (1,985 hectares) had been either cleared or
filled to meet human needs (Service 1999). The pattern of habitat loss and modification in the
Keys has resulted in small, fragmented parcels of suitable habitat. Areas that are easily
accessible to humans, such as those connected by U.S. Highway 1, have experienced the
majority of the adverse effects.
Habitat destruction and modification have affected the northern and southern ends of Key Largo
differently. On the northern end of Key Largo, land acquisition by the Service, the State of
Florida, and Monroe County has -protected extensive areas of hardwood hammocks. Ocean Reef
Club as well as two, smaller, partially developed subdivisions have destroyed or modified
extensively the hammocks on the northernmost portion of Key Largo. By contrast, residential
and commercial construction projects have destroyed and fragmented extensive areas of the
southern end of Key Largo; the fragmentation has been more severe in seasonal deciduous
13
forests than mangrove forests. Residential housing projects have severely deforested the
hammocks on Plantation Key (which has suffered a 70 percent loss of its seasonal forests) and
Lower Matecumbe Keys.
Schaus swallowtail butterfly
Although population numbers of the Schaus swallowtail butterfly fluctuate year to year, between
1924-1981 there has been a general decline in range and numbers. The Schaus swallowtai
tropical hardwood hammock habitat, mosquito control l
butterfly has been considered rare on Key Largo since the mid-1970s. This species was listed as
threatened on ApM 28, 1976, because of population declines caused . the destruction listed
its
practices, and over -harvesting by
collectors (41 FR 17740). The Schaus swallowtail butterfly was reclassified to an endangered
species on August 31, 1984, because its numbers and range had declined dramatically since its
first listing (49 FR 34504).
Tropical hardwood hammock suitable for Schaus swallowtail butterfly has been reduced by an
estimated 57 percent in Biscayne National Park and 83 percent for Key Largo. The decline has
been attributed primarily to habitat destruction. North Key Largo contains a large,, relatively
contiguous expanse of tropical hardwood hammock habitat, but habitat on Key Largo south of
C.R. 905 is highly fragmented and greatly reduced from historic levels, placing greater
importance on the preservation of the larger tracts of hardwood hammock habitat remaining on
Key Largo.
The majority of the Schaus swallowtail butterfly population is found on Adams, Elliott, Old
Rhodes, Swan, and Totten Keys within Biscayne National Park. Between 1985 and 1990, the
aller populations
Elliott Key population fluctuated between 600 to 1,000 adults annually, with sm
of at least 50 to 100 individuals on each of the other Keys. Hurricane Andrew temporarily
reduced the Biscayne National Park's population in 1992 to 58 identified individuals; however,
in 1994 the population rebounded to over 600 and is presumed stable (Emmet 199
Within the major keys of Biscayne National Park (Elliott, Old Rhodes, Totten, and Adams Keys
and on northern Key Largo, the two food plants of the Schaus swallowtail butterfly seem )
adequate to support a healthy population. High numbers of individuals sighted in 1985 indicate
that the Schaus swallowtail butterfly population is still capable of periodic peaks. Following 3
years of reintroductions, results of a 1997 season census indicate that the total annual population
in the wild has increased to at least 1,200 butterflies (Emmet 1995b).
Prior to human influences, populations of this butterfly were probably subject to naturally
occurring population depressions caused by hurricane damage, drought, and rare freezes (Covell
1976). The influence of the Labor Day Hurricane of 1935 on the Lower Matecumbe Key
Population was documented by Grimshawe (1940), though the claim that the species became
extinct was incorrect (it was found there and on Key Largo in succeeding years) (Henderson
1945). The results of Grimshawe's careful searching were negative; however, the before and
after surveys demonstrated that the hurricane had a detrimental effect on the biota of the Keys
southwest of Key Largo.
14
Stock Island tree snail
The Stock Island tree snail is an arboreal snail inhabiting hardwood hammocks of the Keys. Its
historic range includes the islands of Stock Island and Key West, but more recently individuals
have been relocated to other hammocks in the Keys and mainland. The restricted range of this
subspecies and near extirpation from Key West and Stock Island by 1978 led to its being listed
as threatened. The population has continued to decline as a result of further habitat loss due to
real estate development, pesticide use, over -collecting, and predation by exotic species such as
fire ants and black rats. The snail was nearly extirpated from its historic range as early as 1938,
and Pilsbry (1946) believed the snail was extinct from Key West.
Extant populations of the Stock Island tree snail exist at four locations outside the historical
range, but is declining at all of the known sites. Surveys of known populations conducted in
1995 by the Service concluded that Stock Island tree snails are now totally absent from Stock
Island and Key West. The populations on Key Largo were surviving, but precise population
estimates were not obtained. The Monkey Jungle population apparently continues to do well,
although Hurricane Andrew did extensive damage to the hardwood trees at this site. The single
known mainland site documented by Deisler (1987) no longer contained Stock Island tree snails.
Because tree snails are continuously being moved by collectors and conservationists"and are also
mobile themselves, it is difficulf to assess their current distribution. Fo'.that reason, all large
contiguous parcels of hardwood hammock on Key Largo are potential habitat for this species
unless detailed surveys conducted during the months of July -September are conducted.
B. Factors affecting species environment within the action area
The action area is a 23-acre parcel of hardwood hammock fragmented from adjacent habitat by
roads and existing development. Currently, no development exists on the action area although
old, overgrown roads are evident. The habitat is exhibiting signs of secondary impacts resulting
from this fragmentation including the presence of invasive exotic plants, fire ants and dumping
of solid waste. Edge effects affecting the forest interior microhabitat including increased light
penetration and reduced moisture has likely occurred considering the significant disturbed
margins of the action area, further decreasing the suitability of the action area for both the
Schaus swallowtail butterfly and the Stock Island tree snail. Because of these impacts, the action
area is not optimal habitat for either Schaus swallowtail butterfly or Stock Island tree snail, but
still serves as important habitat for these species considering the limited distribution of available
habitat on Key Largo.
Effects of the action
A. Factors to be considered
Potential effects to Schaus swallowtail butterfly and Stock Island tree snail from implementation
of the proposed project include: (1) the direct loss of 2.6 acres of habitat within these species
range, (2) the fragmentation of a 23-acre parcel of habitat within these species range, (3) the
potential loss of individual Schaus swallowtail butterflies and Stock Island tree snails inhabiting
15
the project site, and (4) the loss of 23 acres of habitat targeted for acquisition and management
by Florida's Conservation and Recreational Lands (CARL) program which serves to aid in the
recovery and survival of these species.
B. Analysis for effects of the action
The primary effect of the proposed action is the loss of 2.3 acres of tropical hardwood hammock
habitat important for the long-term survival and recovery of Schaus swallowtail butterfly and
Stock Island tree snail. In addition to the direct loss of habitat, the proposed action will also
result in the additional degradation and fragmentation of the remaining 23 acres of habitat that
comprise the action area.
C. Species response to a proposed action
Habitat loss resulting from the proposed action will affect Schaus swallowtail butterfly and
Stock Island tree snail populations in the Keys by reducing the carrying capacity of the habitats,
to sustain viable populations of these species. Habitat loss has been cited as the principle threat
to these species, altering their ability to feed, reproduce, disrupting movement routes, and
altering habitat composition through.the introduction of exotic plant species.; Protection of
habitat is considered essential for preventing the extinction of these three species.
In addition to a reduction in total carrying capacity, the proposed action will also contribute to
the general reduction in the ranges of these species by further fragmenting suitable habitat.
Habitat fragmentation is a severe threat to the ability of tropical hardwood hammock to sustain
viable populations of Schaus swallowtail butterfly and Stock Island tree snail. Habitat
fragmentation can result in secondary impacts that degrade habitat quality for these species
including increased light penetration, reduced humidity, altered plant species composition, and
introduction of exotic species (e.g., imported red fire ants, exotic invasive plants).
Another effect of the action has been to prevent this 23-acre parcel of habitat from being
acquired by the CARL program with subsequent management as a protected area. The South
Florida Multi -Species Recovery Plan (Service 1999) for these species identifies habitat
acquisition and management as a primary recovery objective for the Schaus swallowtail butterfly
and Stock Island tree snail. The action area was targeted by the CARL program for acquisition
and has been surveyed and appraised in anticipation of a purchase agreement. Actions by the
Monroe County Board of County Commissioners and FEMA to construct the proposed action
have prevented this pending purchase and placed the long-term conservation prospects for this
property into doubt.
Cumulative Effects
Cumulative effects include the effects of future State, tribal, local or private actions that are
reasonably certain to occur in the action area considered in this Biological Opinion. Future
Federal actions that are unrelated to the proposed action are not considered in this section
because they require separate consultation pursuant to section 7 of the ESA.
16
As a result of a previous formal consultation with FEMA, Monroe County currently reviews
building permits on a case -by -case basis to determine whether building -permit applicants must
coordinate with the Service to address effects to threatened and endangered species (Service
1999b). If the FEMA review process results in a determination that either Schaus swallowtail
butterfly or Stock Island tree snails will be taken, applicants may opt to pursue an incidental take
permit (ITP) pursuant to section 10 of the ESA. Under this permitting
becomes a permitting Federal agency whose regulatory actions are addressed through an ntra-
Service section 7 consultation. Thus, any future effects to Schaus swallowtail butterfly or Stock
Island tree snails due to this permitting authority do not represent cumulative effects.
Monroe County may request an expansion of the Key Largo WTP in the future as the result
increased demand resulting from future development on Key Largo. This increased demand in
wastewater infrastructure could result from permitted development that itself has no direct
impact on threatened or endangered species as determined through the previous FEMA
consultation described above. This anticipated future action in the action area will degrade,
fragment, or directly eliminate habitat within the action area, adversely affecting Schaus
swallowtail butterflies and Stock Island tree snails.
CONCLUSION
After reviewing the current status of the Schaus swallowtail butterfly and Stock Island tree snail
in the action area, the environmentalbaseline for the action area, the effects of the proposed
action, and the cumulative effects, it is the Service's biological opinion that construction of the
Key Largo WTP is not likely to jeopardize the continued existence of the Schaus swallowtail
butterfly or Stock Island tree snail nor is it likely to adversely affect the eastern indigo snake.
No critical habitat has been designated for these species, therefore, none will be affected.
INCIDENTAL: TAKE
Sections 4(d) and 9 of the ESA prohibit taking (harass, harm, pursue, hunt, shoot, kill, trap,
capture or collect, or attempt to engage in any such conduct) of listed species of fish or wildlife
without a special exemption. Harm is further defined to include significant habitat modification
or degradation that results in death or injury to listed species by significantly impairing
behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions that
create the likelihood of injury to listed species to such an`extent as to significantly disrupt
normal behavior patters which include, but are not limited to, breeding, feeding, or sheltering.
Incidental take is any take of listed animal species that results from, but is not the purpose of,
carrying -out an otherwise lawful activity conducted by the Federal agency or an applicant.
Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not
intended as part of the agency action is not considered a prohibited taking provided that such
taking complies with the terms and conditions of this incidental take statement.
The Service anticipates incidental take of endangered Schaus swallowtail butterfly and Stock
Island tree snails associated with the direct loss of habitat resulting from this project. Incidental
17
take should be minimized by implementation:,of;the following reasonable and prudent measures.
The. incidental take is expected to be in the form of harm and harassment.
Amount or extent of take anticipated
The Service anticipates incidental take of Schaus swallowtail butterfly and Stock Island tree
snail associated with the direct loss of 2.6 acres of habitat. Incidental take should be minimized
by implementation of the following reasonable and prudent measures. The incidental take is
expected to be in the form of harm and harassment. The Service determined that this level of
take is not likely to result in jeopardy to these species.
Reasonable and prudent measures
The Service believes the following reasonable and prudent measures are necessary and
appropriate to minimize take of Schaus swallowtail butterflies and Stock Island tree snails
associated with the proposed action.
1. Restore an area of hardwood hammock habitat equal to the area lost (2.6 acres) as a result of
the proposed action in order to replace the habitat functions essential to the long-term
conservation of the species an the action area.
2. Preserve the 23 acres of the action area not required for' construction of the proposed action
to prevent any further adverse impacts and to ensure proper long-term management of the
habitat.
Terms and conditions
In order to be exempt from the prohibitions of section 9 of the ESA, FEMA must comply with
the following terms and conditions, which implement the reasonable and prudent measure
described above and outline required reporting/monitoring requirements. These terms and
conditions are non -discretionary.
1. FEMA shall locate a site or sites totaling 2.6 acres for hardwood hammock habitat
restoration on the island of Key Largo. The site should consist of habitat conditions
currently unsuitable for the Schaus swallowtail butterfly and Stock Island 'tree snail, but
through restoration actions could be reasonably expected to support these species. The
selected site must be approved by the Service.
2. FEMA shall coordinate with the CARL program or another suitable environmental lands
management program to receive title to the 23 'acres of hardwood hammock in the action area
not proposed for development. Coordination with the Florida Department of Community
Affairs and Monroe County Growth Management should be initiated to address issues related
to the Monroe County Comprehensive Plan open space requirements.
18
The reasonable and prudent measures, with their implementing terms and conditions, are
designed to minimize the incidental take of Schaus swallowtail butterfly and Stock Island tree
snail that might otherwise result from the proposed action. 14 during the course of the action,
this level of incidental take is exceeded, such incidental take represents new information
requiring reinitiation of consultation and review of the reasonable and prudent measures
Provided. The Federal agency must immediately provide an explanation of the causes of the
taking and review, with the Service, the need for possible modification of the reasonable and
prudent measures.
CONSERVATION RECOMMENDATIONS
Section 7(a)(1) of the ESA directs Federal agencies to use their authorities to further the
purposes of the ESA by carrying out conservation programs for the benefit of threatened and
endangered species. Conservation recommendations are discretionary agency activities to
minimize or avoid adverse effects of a proposed action on listed species or critical habitat,,to
help implement recovery plans, or to develop information that can be used to further the
purposes of the ESA.
L FEMA should develop guidelines for -:the siting and construction of any future*stew ater
treatment facilities in- the Florida Keys specifically aimed at ayoidingr',adverse effects to
threatened and endangered species. The Service recognizes the need for these facilities to be
built in the Florida Keys, but has a responsibility to provide for the protection and
conservation of trust resources. The Service is prepared to assist FEMA in the identification
of potential wastewater treatment facility sites throughout the Keys that will have no effect
on threatened or endangered species.
REINITIATION NOTICE
This concludes formal consultation on ,the -action outlined in the consultation request. As
provided in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary
Federal agency involvement or control over the action has been retained (or is authorized by
law) and if (1) the amount or extent of incidental take is exceeded; (2) new information reveals
effects of the agency action that may affect listed species or critical habitat in a manner or to an
extent not considered in this opinion; (3) the agency action is subsequently modified in a manner
that causes.,an effect to the listed species or critical habitat not considered in this opinion; or (4) a
new species is listed or critical habitat designated that. may be affected by the action, In.
instances where the amount or extent of incidental take is exceeded, any operations causing such
take must cease pending reinitiation.
M
Thank you for your cooperation in the eff0rt'16'0i6tect threatened and endangered species and
their habitats. If you have any questions regarding this project, please contact Tom Grahl at
(561) 562-3909, extension 236.
Sincerely yours,
ti James J. Slack
Field Supervisor
r South Florida Ecological Services Office
cc:
FWS, Big Pine Key, FL
FWS, ARD-ES, Atlanta, GA
Florida Keys Aqueduct Authority, Key West, FL (Jack Teague)
Monroe County Growth Management, Marathon, FL (Tim McGarry)
EPA, Marathon, FL (Bill Kruczinsky)._
20
LITERATURE CITED
Brown, L.N. 1973. Populations of Papilio andraemon bonhotei Sharpe and Papilio aristodemus
ponceanus Schaus in Biscayne National Monument, Florida. Journal of Lepidopterists' Society
27(2):136-140.
Covell, C.V., Jr. 1977. Project ponceanus and the status of the Schaus swallowtail (Papilio
aristodemus ponceanus) in the Florida Keys. Atala 5(1):4-6.
Deisler, J.E. 1987. The ecology of the Stock Island tree snail, Orthalicus reses reses
(Say). Bulletin Florida State Museum Biological Science 31(3): 107-145.
Emmel, T. C. 1995a. Designated species management plan for the reintroduction of the Schaus
swallowtail butterfly in the Florida Keys. University of Florida, Gainesville, Florida.
Emmel, T.C. 1995b. Captive propagation and experimental reintroduction of the Schaus
swallowtail in the Florida Keys. Interim status report submitted to the U.S. Fish and ,Wildlife
Service, research work order no. 153; Vero Beach and Jacksonville, Florida.
Forys, E.A., P.A. Frank, and R.S. Kautz. 1996. Recovery Actions for the lower Keys marsh
rabbit, silver rice rat, and Stock Island tree snail. Unpublished report to
Florida Game and Fresh Water Fish Commission, Tallahassee, Florida.
Grimshawe, F.M. 1940. Place of sorrow: The world's rarest butterfly and Matecumbe Key.
Nature Magazine 33:565-567, 611.
Pilsbry, H.A. 1946. Land Mollusca of North America (north of Mexico). Monograph Academy
of Natural Science, Philadelphia 3[2(1)]: 1-520.
Rutkowski, F. 1971. Observations on Papilio aristodemus ponceanus (Papilionidae). Journal of
Lepidopterists' Society 25(2):126-136.
U.S. Fish and Wildlife. Service [FWS]. 1999. South Florida Multi -species Recovery Plan. U.S.
Fish and Wildlife Service, Atlanta, Georgia.
21
Exhibit L
DRAFT
Biological Assessment for the Wastewater
Treatment Plant Site — Mile Marker 100.5
Key Largo, Florida
Prepared for
Federal Emergency Management Agency, Region IV
3003 Chamblee -Tucker Road
Atlanta, Georgia 30341
October 25, 2000
L7F ID �
jcj��
5900 Windward Parkway
Suite 400
Alpharetta, Georgia 30005
678.356-8300
TABLE OF CONTENTS
ACRONYMS.................................................................................................................................................iii
1.0 INTRODUCTION............................................................................ ..............1
.........................................
2.0 BACKGROUND............................................................................................. ................... ..4
... ............ ...
2.1 Need for and History of Project.....................................................................................................4
2.2 Regional Characterization .................................
3.0 PROJECT DESCRIPTION .............
3.1 Site Location ...............................
:...................................................................................................6
3.2 Proposed Action......................................................... ...........6
3.3 Construction and Operation Actions ................................... ....:.......
4.0 SITE SPECIFIC INFORMATION .......................................
4.1 Survey Methods............................................................................................................................16
....................................
4.2 Affected Habitats....................................................... ................................16
4.3 Protected Species........................................................................................................:................26
4.4 Other Information and sources............................................................. ........30
.......................
5.0 ANALYSIS OF POTENTIAL EFFECTS .................................... :.........................................................
5.1 Direct and Indirect Effects............................................................................
5.2 Cumulative Effects........................................................................................................................34
5.3 Consideration of Mitigation and Conservation Measures.........................................................36
5.4 Determination of Effect.................................................................................................................39
6.0 INCIDENTAL TAKE EVALUATION....................................................................................................41
7.0 CONCLUSIONS..................................................................................................................
8.0 LITERATURE CITED ............................ :.............................................................................................. 43
Appendices
Appendix A List of Endangered, Threatened, and Regionally Important Species
Located in the Upper Florida Keys .................................... ..............44
List of Figures
Figure 1.1: Key Largo Wastewater Improvement Project -Treatment Plant Site Vicinity Map.......
Figure 1.2: Key Largo Wastewater Improvement Project - Treatment Plant Site Location Map ...3
Figure 3.1: Aerial View of the Treatment Plant Site and Surrounding Area in Key Largo.............7
Figure 3.2: Key Largo Wastewater Treatment Plant Site - Surrounding Development Patterns,
Subdivision, Boundaries, and County/State Land Ownership......................................8
Figure 3.3: Project Site and Surrounding Habitat Characteristics...................................................9
Figure 3.4: Aerial View - Project Site & Construction Area Boundaries................................:....1 l
Figure 3.5: General Shape and Boundaries of Project Construction Site......................................12
Figure 3.6: Small Scale View of Construction Area......................................................................13
List of Tables
Table 4.1: List of Plants and Animals Located on the Key Largo Wastewater Treatment Plant
Site..............................................................................................................................19
Table 4.2: Overstory (>4" DBH) Trees Found Within Proposed Construction Site .....................24
Table 4.3: Protected Plant Species Identified for Transplantation/Replanting..............................25
Table A.]: List of Endangered, Threatened, and Regionally Important Species Found in the
UpperFlorida Keys....................................................................................................45
ii
ACRONYMS
AWT
Ambient Water Treatment
CARL
Conservation and Recreation Lands
CBOD
Chemical Biological Oxygen Demand
DBH
diameter at breast height
FDACS
Florida Department of Agriculture and Consumer Services
FEMA
i
Federal Emergency Management Agency
FFWCC
Florida Fish and Wildlife Conservation Commission
FGFCC
Florida Game and Fresh Water Fish Commission
FKAA
Florida Keys Aqueduct Authority
FNAI
Florida Natural Areas Inventory
ha
hectare
ROGO
Rate of Growth Ordinance
SC
Suburban Commercial
SHCA
Strategic Habitat Conservation Area
SR
Suburban. Residential
SRF
State Revolving Fund Program
TDR
Transferable Development Rights
TN
Total Nitrogen
TP
Total Phosphorus
TSS
Total Suspended Soils
USFWS
US Fish and Wildlife Service
USGS
US Geological Survey
iii
1.0 INTRODUCTION
This document is a Biological Assessment of the potential effects of constructing a proposed
regional wastewater treatment system in Key Largo, Florida, with an emphasis on the specific
site for a regional wastewater treatment plant selected by the Board of County Commissioners on
18 May 2000. The proposed 22-acre treatment plant site is located in Section 28, Range 39,
Township 61 at Mile Marker 100.5 on the oceanside of U.S. Highway 1 (Figure 1.1). Figure 1.2
shows the location of the site in relation to the proposed service areas and the Key Largo
Wastewater District.
This Biological Assessment is being submitted by the Federal Emergency Management Agency
(FEMA), and is based on existing documents and information, as well as site -specific
information, for the treatment plant site that was developed by staff of the Monroe County
Department of Marine Resources. This document constitutes a Biological Assessment in
accordance with the rules requiring federal agency consultation under the Endangered Species
Act.
D j V SOUND
T-arpok Bar.in r
it
=4 j,
W:*=
0/
0
v
0
4
Wuin A—
Lw, • ddk
f. t
V.
on
29 -PV
At
3,
Pelican
xey
swusel Core
7z
Item"
F
7 62S
.4r X
op -
Source: USGS
%5 Rock Harbor Quadrangle
%0
Florida - Monroe County
7.5 Minute Series (To 'Ira d _ _phic)
1947, Photorevised 969
Notoinspected 19W
A
Point Charics
CUEMT: Federal Emergency Management Agency TFTLE:- Treatment Plant Site
PROJECT: Key Largo Wastewater Improvement Project Vicinity Map
REVISION NO.: DESIGGMEO Br. new NO-
3. Anderson 2qt-".44#j&*0
SCAM Approximate Scale 1 "=2000' DRAWN BY- J. Anderson TAW'
FILE: E:%Prviccb%FEAL-%1n 1:rv9WUrZ0SiIcm2"1 CHECKED BY,. K. Branton
G!
�O
LM
a.
i
E
a
o
iL
Q.
_E
Lm
w
4
�
G1
Cc
CL
a
O+r�
CD
0
...,
A
�
V
m
.r_
U)
C
y
C
am
E
o
co
I'M
m
(�
a
m
Y
i
-- {
Ic
� -1"
��
\
co
mLL-
,s
0
m
Y -0
rn O
0
J O
0
m
m
a
Y
m
JW
i . • 1 [p
� •1
N
>m
m
Y
M
0
O
M
2.0 BACKGROUND
2.1 NEED FOR AND HISTORY OF PROJECT
Monroe County has been actively pursuing options for constructing a wastewater collection,
treatment, and disposal system in the Key Largo area of the Florida Keys. After analysis of
numerous potential sites, the Monroe County Growth Management Division staff. in
coordination with the staff of the Florida Keys Aqueduct Authority (FKAA), identified three
candidate sites for the Key Largo wastewater treatment plant. The Board of County
Commissioners selected the proposed site discussed below and gave its approval to begin
negotiating for acquisition of the site. The Commission also requested that the staff assess the
site for any potential environmental permitting concerns.
On 28 June 2000, the Board of County Commissioners finalized its review of contract documents
to complete the project. The Board validated contract negotiations between FKAA and the
selected firm of Ogden Water Systems. In parallel with the selection of Ogden Water Systems.
the county staff has been actively working on a review of the treatment plant site noted above.
The county provided information from its site assessment as part of the application for project
approval in the State Revolving Fund Program (SRF), and to FEMA as a funding agency for the
overall Key Largo Wastewater project. FEMA and its consultants have reviewed this data as
well as other sources in compiling a Biological Assessment for the proposed wastewater
treatment system.
2.2 REGIONAL CHARACTERIZATION
Phvsiographv
The Florida Keys extend in an arch from Soldier Key in Dade County to the Dry Tortugas.
almost 200 miles to the southwest. They .represent an emergent feature of a prehistoric (±
100,000 years old) tropical marine environment, including what were then high energy back reef
areas and a coral reef. Today, two carbonate formations, the Key Largo Limestone and the
Miami Oolite formations represent these prehistoric environments. Because of the porous,
highly permeable carbonate composition of the islands, little soil exists in the Keys. What soil
does exist lies in a very thin layer within the tropical forests that characterize the islands.
Natural ground waters.are limited in the Florida Keys. In the Key Largo Limestone Formation of
the Upper Keys, permeability and porosity of the rock is so high that little fresh water is retained
in the rock before mixing with sub -surface waters affected principally by tide (and rain water
during the rainy season).
Biota - Animal Communitv
A tropical flora and a temperate fauna characterize the Keys. Most of the mammalian species
have come over land bridges formed during Pleistocene glacial periods. Florida Bay, with the
current Florida mainland and the Keys became a contiguous landmass during these glacial
periods. With easy access, the temperate animals of the mainland of Florida populated the Keys.
4
As, warmer climates prevailed through the present, sea level has risen to cut the Keys off.
stranding the mammalian, amphibian, and reptilian species that have come to reside here.
As a result, similar to island archipelagos elsewhere in the world, the Keys represent a rich
environment for speciation, particularly for terrestrial animals that have difficulty crossing water
bodies, and whose gene pools thus become largely isolated. Several mammal and reptile species
in the Keys are considered endemic. Many, because of their limited population sizes, are also
considered threatened by both natural and human events. Thus, at least ten species that live in
the Keys are listed by the federal government as threatened or endangered.
Avian (bird) species are represented by both temperate and tropical species as well as migratory
species during the winter. No bird species are considered endemic'to the Keys, because of their
ability to cross large water bodies. Most live throughout the south Florida area or the immediate
Caribbean basin. Others stop during migrations between eastern North America, the Caribbean,
and South and Central America.
Many avian species native to the region have been listed by the state or federal government as
threatened or endangered because of broad environmental threats, including hunting, poaching,
and loss or change of primary habitats caused by human development.
Biota - Plant Community
The principal native plant communities in the Upper Keys include coastal mangrove forests,
south Florida pine flatwoods, and hardwood forests or hammocks. The tropical forests of the
Keys, ranging from the higher elevation hardwood hammocks to the mangroves that lie along the
island margins, are unique within the continental United States. They are clearly representative
of the character of the Caribbean basin from which most of the plant species of the Keys
originated. Large expanses of water have provided the means for genetic isolation and
speciation. Thus, the Keys also have many plant species unique to the area that are listed as
threatened or endangered by the state or federal government. The major threat to these plant
species and the forest habitats of the Keys is land clearing. Commercial harvest or poaching, in
the cases of many of the airplants and orchids residing in the Keys and south Florida, is also a
significant concern.
Biota — Protected Species
A total of nine animal and two plant species occurring in the northern Florida Keys have been
designated as endangered or threatened by the U.S. Congress and U.S. Fish and Wildlife Service
(USFWS). The Florida Fish and Wildlife Conservation Commission (FFWCC) lists 16 non -
marine animal - species as endangered, threatened, or of special concern and the Florida
Department of Agriculture has designated 83 plant species as endangered, threatened, or
commercially exploited. Monroe County has also designated 68 plant species as being
regionally important. Appendix A shows all of the terrestrial and inshore species within the
northern Keys that are listed by these agencies. Species that may occur within the vicinity of the
project site are identified in Section 4.0.
5
3.0 PROJECT DESCRIPTION
3.1 SITE LOCATION
The project location is shown on the USGS Rock Harbor Quadrangle Florida, Monroe County
topographic map in Figure 1.1. Figure 3.1 is a 1995 color infiared aerial photograph showing the
location of the site and surrounding natural habitats and developed areas. Surrounding land uses
and major classes of property ownership are shown in Figure 3.2.
The treatment plant site is located near U.S. Highway 1 at approximately Mile Marker 100.5 in
Key Largo. The treatment plant site is located on the oceanside of U.S. 1, the Overseas
Highway, northeast of Waldorf Plaza and southwest of the Tradewinds Shopping Center.
Adjacent to the- site is a 2-acre property owned by the FKAA, used as a maintenance yard.
Across U.S. 1 is Key Largo Park subdivision. State-owned lands, part of the Newport Hammock
Conservation and Recreation Lands (CARL) purchase occur to the northeast, and several tracts
of county -owned conservation lands are present south of the site. Figure 3.3 shows the land use
and habitat cover in the surrounding region. Much of the site and the lands to the south and east
are composed of hardwood hammock forest, while lands to the west and north are developed for
residential and commercial use. The area immediately adjacent to the FKAA maintenance yard,
which comprises the actual construction area, has been disturbed due to past clearing:
3.2 PROPOSED ACTION
General Project Description
The project would involve construction of a 2.25 million gallon per day treatment plant, deep
injection wells (— 2,500 feet), cleared buffer areas, administration buildings and necessary
parking areas. This facility would use a sequencing batch reactor with a Dual Sand filtration
system. The project would also involve the construction and operation of a vacuum collection
sanitary sewer system that would include approximately 15 vacuum pump stations, lift stations,
and a vacuum sewer main. The project would serve approximately 13,602 existing residential
units and 25,000 people in the Key Largo Wastewater District. This service area includes all
lands east of Tavernier Creek from Tavernier to- Key Largo with the exception of Ocean Reef.
This area does not include approximately 114 residential units in a sparsely populated area north
of the intersection of U.S. 1 and S.R. 905. These would be served by on -site units as part of a
different (North Key Largo) project. Tertiary treated. wastewater effluent would be disposed of
through deep well injection. Digested and stabilized sludge would be hauled by truck to
approved sludge facilities on the Florida mainland. Construction is expected to require
approximately 12 months for the treatment plant, with an additional 12 months to complete
hookup and testing. The operational life of the system is approximately 20 years.
The parcel of land that would be purchased for the project site (Figure 3.3) covers approximately
22 acres. The shape of the principal parcel is that of a right triangle with its hypotenuse, or long
side, lying along the Overseas Highway in a northeast to southwest direction. The apex of the
triangle points to the southeast toward the ocean. The principal parcel covers about 21 acres.
L•'
:+: •tt,• ra..r.?�
s: `t
J� t f t• '•
�.y
fit,
sS r
•�
•`'t•JfC
• •• ••✓
`
•t�•r•
Wk
t JJ •
•AA
NEW
^
cn
•�' 'i
r • • n '�f t' i..Okk
x� t
• .•r. r�TFFFFx�••t•J.�f t si••
AL
vv
7lj�t• •� : i1r `' I
In
73
AL
�t rb t a• S • • I—
.. re: •'!.. �,.. t't�� •� iJ+:' �. � � N•�aa.. }{� .•t... I , - Y••• �:id
,•• � • ..JOB
Ty 'tom % � 1 .L�. ( 4 • .•
+~' .9 .� s tom. ,Y :.. fit..•, t r- � �:. LM 'tr
� hav�'L•• ! t�:r .r! it •. I'�� l�1 ��?
t-�. r v �• s• t `�
61 { • • 80
•..
'T ` •a• A
t :. :N .it i • t�' _ .-,�? ..`". . 'yr. i:' . -- 1Gi1�••.i
d .:±Lr• i... 'C• •!L'.r •ia`• ' .ter i• 1•
m
� - :rfrAtig:. .w-VT±:;. ...n :•w r.•.ia'r�=! :�F 1•: t Y. �
t •jai a f.t,• '- _' a '•• �: r.. t _! •
r`
• r t , J
s � -
. � ,• :i ram` a � ..` ..
+a zy '. • kl
P jrCq •�«�., � .. Y mot" t ,
P.
rA
` ill ff s ,,,1L �� � F - � t'� r. r •
till � f�,�� .r � ` t .. _ _' M ♦ ..
mot. ���3 +.� ~ ,-.t / •' r 4 ��s -
.� � � it n _'` Z �•`•� \�♦�,;� •� -. � ��rY -�i�. � .1� ,r..- - ��� (��� i � .. - .
'„ St�'�•�,eF"•r� ��'���jj'�r��1.E f r` ici..'F!•�.y5src ;. e r•F '' 4`L S` e`' c,. - " '. ...
•Y ��•� �.� 'x• � Z^f ±rs!• �sF• �f{ir. �'r tsti `pr Z e- ra �. l ` T t.
.' � � y�'9M N..a t -. '•ti r��f+!!leYYYY c �r S •.-w 4 �e.1 •;ayr r�•.z(r�u.a (i`•' KZ� =A` �„ � --+C• �^ �
; ,e+� kr �} �.s.•`-.ss• �+� _T� i•SS t.; "FJ �: a r �„+� r-
b ^• '� .1•f.T -'^^G MY Fiw {. T"I .� t♦ �� 1 4 r V i
�c �'^?Y t1�t X'�'{S�.{*t: a: �a _�'✓-��f.Y� t.}� � mac. �G, i r _ i i _
=`:s •w1���A��1t:� �i r�•r�!'�•;�r�`.�$= �' ''L4'��.?ti�a?":e'z.aL'�-:'L+'��°�t�'•`•� ��`•±�'fi�: ... .� .... .. .. • _
In addition, a 1-acre parcel to the east of the existing FKAA maintenance area property would be
included in the treatment plant site to better allow the project to integrate w1th the FKAA
property. With the exception of a 20 to 50 foot strip along the southern property line (which runs
east -west) on the principal parcel and clearing on easements along the southern and eastern
property line, the project site is characterized by high quality hardwood hammock. Figure 3.4 is
a large-scale blow-up of the 1995 aerial photo, showing the project site and the proposed
construction area.
Approximately 2.62 acres in a roughly L-shaped configuration wrapped around the FKAA
property would be required for the construction and operation area. The remaining 19.38 acres
would remain in a natural condition. Although the entire area within the 2.62-acre construction
boundary might be cleared, a 25-foot zone along the property boundary is intended to be a buffer,
which may not be needed for construction. If this buffer is not needed, the affected construction
area may be decreased by approximately 0.31 acres. Figure 3.5 identifies the general shape and
dimensions of the project construction area in relation to the entire project site. The proposed
construction area deliberately uses the area on the project site with the greatest. existing ,
disturbance. Coincidentally, this would also allow common access to the two facilities and limit
the need to clear lengthy access roads into the treatment plant area. It would also allow common
FKAA administration of its Key Largo projects.
1i
Figure 3.6 provides a detailed view of the project footprint, including'transect lines used to
identify and locate plant species within the proposed project construction boundaries. Table 3.1
defines the area of the project site and surrounding county lands, as well as the approximate
acreage of all habitats characterizing these properties.
Land Use and Zoning Considerations
The wastewater treatment plant site and adjacent properties are zoned Suburban Residential (SR)
and Suburban Commercial (SC). As such, the project can be permitted within either zoning
district. Recent recommended text changes to the Monroe County Land Development
Regulations provide more detail about the requirements of such a use within the SR or SC
Districts. As proposed under current amendments to the County's Land Development
Regulations, the project would require a Minor Conditional Use approval which entails a review
by the Development Review Committee and final approval by the Director of Planning.
Surrounding Land Use Characteristics
An existing FKAA maintenance facility is on the immediate southwestern corner, of the property
along U.S. 1. In addition, there are several other public and private light industrial uses in that
area. To the east, toward the ocean, are a number of private properties, including the Key Largo
Gun Club, a waste handling facility, a private juvenile facility, and two or three private
residences. The character of the area toward the ocean is one of rural or native character and
little development. Surrounding the site are other parcels in state or county ownership, which
provide ample buffering from adjacent uses: The state properties are a part of the Newport
Hammocks CARL acquisition project.
10
m
r�
0� W MN00%P`� \SOMEN
•
m
it i il!Iljjl � Ili i�: i�!!� ij�lllll! ii� I I!
C = *
.,.•:.e:.;e:..e:e�ore:e:e:.;o:o:e:e:e:o;e.e:e o,e,e,e•a e:: e e e.;•e:e:_:_ ^ :_F:#�#�z;>::x:x•z:z.,;, x ;
:x x!#'x'x
1 ! � , ; , e e e.e.we.e:e•e.e,e e.e•o.e:e�e �e
a. I 1 re e•o ae a e�e e.em •
t;I,;;i;l jj,!rl � Ij i;ll�, I j' ;i�l � �Ilil I i_ - ,•;�I:.1•
Si'! !tl'il, II!III 1 ! r}11 ; i �j�lll�liliil �I
ijll
e $ sw:e.Hl$'^E $•i s!s.$'$:$:>;:$:a "si$ $i$s!3'£ s"":$:$ $ $,$.$1$ $'i $ $ $
s�n•eee:e•e;eie;
ew•e?o e•ee;e;
43 ie+e e�o.e.e:o e'eej ele•e.e ejelew!e.e'.e.e.e•e.*..•...e•e......,........:._... •... _ r ,
;Irli
1il;lli
! „ jiillr
r ,
:. �
:
=1#'e :�t.�t�c:_:�`c.E �.c" a ::�a.='aa'a'a._.a cs'x:a;a a a s:a:a�a_:44 Q QQ 44 �QG. ^.R.4 44 �.•.� �.;_ _:
= .._......e e�e •e e.e.o a e�e a-o o se �e
: : e::.=.£ -;=�e�i :� w,,�i.
s-e o e ..u.e.e e e . �:� �:•:•..:.:'= e.e:.'0.:.0:::== :::
j.: ! t i �,' 1 1i11 Ilijl!jlilll�iljllljlljlli !�!
! I � it
� �
� � �
1 I t , j I I ► � i I I � !-I ; , i i ! i } ,•I ;
I ;
d �.l.,.•..e •..e•. ..e •e•e e�e•.•.r..........•e.�...•e•........e...eie..;...�•...,.r.r..e •.=.'.•...;..� ro.eror.re..:.
S•I�'!-
'e..ro..; .... :. •.•.j , I
II_t II:�II:t >. l:t�t::!'i #t:>_H D::D $'ij>i9�!i:i:��tli�l;l::i,ii=•==!$I:#i+
II_1-111311
$'E :w'I' 1
i
t -- lj
1 j I l �ili l' :,jl!II
-4 q .4 �■
1-1 �$ $:$ $ $ $ $ Fillo.. $ $ $.$`$:$'$:$'$!$-$ $�$:$ #:$;$:$:$•$ $:$:Ei$i$1$i$I$!$I$!$•$!$ #:$:$:$.E:# :S`$iEl$i$i$'$'$•$:#` :$i$.$
e•e •e a-e e e e.e•e •e a e •e.e •ee•e.e e.e.ee.e e e e.e e e ego-e •e;ero 0e.a•e:e;e•ere�e.e.ewe•O.e•e•e•e,e ere:e
i •e-e
i , r ! h• role ro�ero� ,ON•e
rj;Illifllilj!MjHIM IIII !
:$:$;$�$.$:$:$i$:$:$:1$•#�$ $;$:$•$;$:$ # $.$ # $ $�$ $ $ $ $�$ $ A s i$.$$$i$:$i$'$?$ifi$i$!$i$i$•'$i$;$i$;$;$:$;$!$'$i$I$'$'$�w::x'
j£�#:$� 1
e •e•e�e•e •=e.e re.e •e e�e•e •ero� ;e.o•o.e •e o e:o:e o-e ee a °e•e ro.me.oro,e•e!elerele,ero,eie.a erolero elere ere.erororole+ ,_•_ I
�I'�I�
^
.oE 7:j'lge!ro2E._a
ei:e.'Yoi e-•'eaa�e ea1e;_).•=e$i:, ee . $a waei:••w:. xoI•.e.j:�
#el: ..... ol•ej .. • la:
- ae•oo�.eE �I
reII: I
!oa e.wliro. ej=ej•e;:ejral!el.ei..e!.e elel
sr' e
Ie<!�
.• ;-
j.l�
t r I ! }I
lsi•!vj.l 1 ieI I I
;?TH $:$:$:$•9 1$ $ $ H 1*911:11$ 9:9.11:1 1$ $ 9.$ $'$:$ $ $ $:$ $.$'$ $:$:$'$ $'$!$$:$'$.$:i:$'$:$'$•$:$:$:$'$:$,$:$I$'$' I$I$:$: r
a:e.ow;e�e •e •e's ie:e'e.o a a,•e s•e e•e,ele•o �e�e.e le�e•e.e:e.e:e:ole•e ie •e.e.e:e.ero.eiero.e:e.o� iere' ;e•e;e;mei re!e•e!me•e.ere!e•e; leI T I I
W 1!! ! l.ti! Illill' } !
= e•e.e e e e.e ore+o •e e e e e e.e e e e.oe e e e e e.e s.e•e a •e•e a e e•e eje•e e.o!e:els•e.e:e•e•e•e•e1e e e e e e1o•e•e:e,e,r !
II i Illjl liil I jjii j'i!I�le i
:,moo le �:.:«•«:S:S �:$: rs's• :..� .w � w•n � '
_ a:x,eeE:a.aa:c_§:- «!#°$•a "xxx x:a I$Ix'3
i ••;e•e.e•O.e e1e 10.O,O:e •e.0! a O.es;e.e •e •s •e•o•e a e.ete _-w•b •erolero•e•e,He•e:e•O,Oro•e•e eror��e•elerele,e101eroro-_;
II
f-•_;�
<�i ii1, (�I III ,I �; It '
';
Irllllli I Illi III
iR..$.$ :«':.$ ^-: '3iR. e w'F•':$ ' A $'i�:R 2:$: , ;!:;%ijr><i«.e=«e_1ii$ Ll xi a %! I
_
........... - - :.. '_�� ^ .. .. • .•:�X:«:� R �•A.��:_'R'fi�fiiR:>ti�':f.'�.:fi•�•8'�:'iiilZ:Ei�.L�jjll�tt�j��IX'
R $ :T 2•:l�:x:x:R r".':C•'.8 7C'iC:x'x
$ - - --•iC'7: T•:�.$ gj�'- • x: R'i $ $:$:« A 111$:$.1 A!a!$:$:$°$:$:$!$i$i$!$
- - - - t
�:'' ! 1.�.!..I: ..;•'I'. "I-. , . j i ! � I I I ; I ;-�••;xj . I
�,�
I elf
�.1;�j���i��l►iill�i''=j
� `j~ t���I•
W � �i� �
:�
>{
.Y.Y.Y'V'V :V' V• V
f V O.0
Y. Y'V. Y Y:V Y:Y V Y.V'YV Y Y•Y YV VY.V.Y: Y 'V -3. 3��r��i
VW: V' V•Y,V.V 'V �: •. , V!y! 1i
r i!#� Y- -fi
,�i i!i• I ;ii•i.:2.2i�ia:i'2'2'i.iiii.ii iii21 ii[ i[i tappt
a: aa•a a.a :ra:� a a.� s .�`3 � �'��� !
:7: 3 a a' a a.a. s i•3.3 3 3 3 3 3 3. • a i''al.d:'� !I I
I
�
8'E'_R:R'R:Y•A:i!B E:Y � E'�. R:Y;« Y'�:�:�•$'A:8,«•R
�.:'•
«:3:« « �''R•R R Y R g R «.R:E. .� $- ;$S ^e $:Y_.« Y:YiE;•eiY'� �:«.«;A. a R: !
x x x �:x" a:x x x x x Z a.s i x x:x x:#• � � _.�;_ ^.z _ s;s._?•-':- - -._ �:"s'g!a: 1 (
��= = •• $:� �•A,A:A.R.A:A.A A�x•7: x.x.7t,x•x�x.x:x'x:x.x:x:xlx!
iu
j
a .. .il.
illll
3.3 CONSTRUCTION AND OPERATION ACTIONS
The project would involve the construction and operation of an advanced wastewater treatment
plant with deep well injection of tertiary treated water. The county has consulted with its
proposed design firm to develop a site plan that has reduced the actual construction area (limit of
disturbance) to the minimum possible. Although the original design concept required an
estimated 7-acre construction area, the construction area in the revised plan has been reduced to
2.62 acres. The proposed construction area location also has been revised to locate the site so
that disturbance of tropical hardwood hammock communities has been minimized, based on
diligent attention to defining the best location on the project site. Approximately 0.41 acres of
the revised project construction area is essentially composed of exotic vegetation along the
fringes of the hammock. By including this area in the 2.62-acre construction area, loss of
hammock habitat has been reduced to about 2.21 acres. In addition, Monroe County Land
Development Regulations (Section 9.5-344) require significant transplantation and/or
replacement of native protected plants found within the hammock area. As a result, the county
would transplant or replant over 1600 trees to adjacent cleared rights -of -way (disturbed and,
unimproved) to recover about 0.39 acres of disturbed area to native species at the margins of the
project site, thus providing potential new hammock habitat. After this restoration is complete,
the net loss of hardwood hammock is estimated to be about 1.82 acres. If the buffer area is not
used, the net area may be as low as 1.51 acres.
15
4.0 SITE SPECIFIC INFORMATION
4.1 SURVEY METHODS
The county staff met on site, both independently and with sister agencies, to review proposed
construction area footprints and to assess potential impacts to the native habitat on the site and to
endangered species in the area.
As part of an assessment of the environmental components of the project site, several site visits
were made by county biologists. Biologist Sandra Lee completed a preliminary site visit on 29
June 2000, followed by a more detailed survey on 6 and 10 July 2000 by Niko Reisinger.
County. biologist Ralph Gouldy also visited the site, with biologist Niko Reisinger and staff from
the USFWS, FFWCC, FEMA, and FKAA on 10 July 2000. Niko Reisinger spent another full
day on the site on 20 July 2000. The list of plants and animals found on -site is based on these
visits to the site.
Specifically, county biologists have spent over 100 hours completing an environmental'
evaluation of the project site and construction area. During this review and because of the
environmental character, quality, and sensitivity of the site, significant reductions have been.
made to the proposed construction area.
In addition to previous site general site visits, on 1 and 2 August 2000 county biologist Niko
Reisinger, consulting biologist Bob Smith, and two members of a survey crew cordoned off the
proposed construction site with heavy polypropylene rope. A total of ten (10) belt transects were
created within this overall construction area. These transects ranged from 50 to 90 feet in width,
and divided the construction area into ten subsections. All of the construction area was thus
included in the survey, providing a census of all trees over 4" diameter at breast height (DBH)
and listed plant species in'the affected area. The boundaries of each transect were delineated
using a continuous line of survey flagging tape. George Garrett and Niko Reisinger surveyed an
additional part of the site on October 11, 2000.
Within this area. as shown in detail in- Figure 3.6, all threatened, endangered, or regionally
important plant and all endangered or threatened animal species were identified. Particularly, for
animal species, the presence of snails or signs of Schaus' swallowtail butterfly were noted.
Based on this extensive site evaluation of the construction area, some adjustments to the
proposed construction boundary were made to provide the current proposed construction
boundaries. The proposed adjustments were identified by Niko Reisinger on 11, 14 and 15
August 2000.
4.2 AFFECTED HABITATS
The construction area is located on the edge of the hardwood hammock, adjacent to the existing
FKAA maintenance area (Figure 3.5). The project site is pan of a large hammock area of more
than 12.5 acres. Thus, it qualifies as a "high quality hammock" under the County's Land
Development Regulations Environmental Design Criteria. High quality hammock regulations
16
require that 80 percent of the hammock within a site area be protected in its natural state as noted
previously above.
Several of the adjacent and nearby county, state, and privately owned vacant properties are also
characterized by high quality hardwood hammock. These extend to the east, north, and south, as
far as the shoreline margins of waterfront properties, where there is a transition into buttonwood
and mangrove forests and salt marshes. At property margins and in cleared road easements
(unimproved), exotic plant species intrusion exists, and significant amounts of debris have been
dumped. As seen in Figure 3.1, several unimproved roads occur throughout the hammock
communities.
Much of the surrounding hammock community appears to be approximately 40 years old since
last clearing, based on tree sizes, species mix, and the continued presence of willow bustic.
Willow bustic can be a dominant canopy tree up to about 30 years of forest age, then begins to
die out as slower, taller growing trees shade it out. Leaf litter development is moderate,
estimated to be between 2 and 4 inches in depth. The forest has a typical patchy distribution of -
canopy dominants. Some areas, notably towards Central Avenue to the north, are almost entirely
dominated by wild tamarind, while other portions are dominated by gumbo limbo, poisonwood,
or pigeon plum. The hammock appears to be dominated by somewhat younger trees towards its
southern end, adjacent to the FKAA site and the proposed treatment plant4ite.
Within the construction area, a 20- to 50-foot wide strip along the common property line shared
with the FKAA maintenance area is vegetated with exotic or pest plant species. This strip
continues for the remaining length of the southerly property line of the project site. The road
curves to the northeast into the center of the proposed site and is considered heavily disturbed
with numerous dumpsites along this road and the FKAA property boundary. Apparently, this
area was previously cleared as a road easement. There is also a 30-to 40-foot wide strip of
disturbed land along the FKAA eastern property line. These areas are dominated by exotic
species such as Brazilian pepper and sapodillo. Exotic species such as Brazilian pepper and
sapadillo also have invaded parts of the adjacent hammock, particularly within the proposed
construction area. At the end of the road, there is a partial clearing in which the surface soil has
been pushed into piles at the clearing margin.. There are at least two abandoned boats in this
area. Sapodilla occurs in scattered locations throughout the hammock; it appears to be somewhat
more concentrated towards the northern end. This plant is a sign of old homesteads, and is
spread readily throughout high elevation hammocks by larger mammals. The trees seen were not
large, with most under 12" DBH (diameter at breast height), but fruit is obviously being
produced, based on the presence of seedlings and saplings in the forest.
Table 4.1 lists all plant and animal species found within the 22-acre plant site by county
biologists during the field surveys. The table includes common and scientific names, and the
status of each under federal and state protection (Endangered Species Act and Chapters 39-27
and 5B-40, F.A.C.) and the Monroe County Code has been identified.
Table 4.2 shows the distribution of trees over 4" DBH that were identified on the construction
site in the survey by county biologists between 29 June- and 15 August, and on October 11,
2000. Based on this table, the proposed construction area is dominated by gumbo limbo,
poisonwood, and wild tamarind trees. Other common overstory species include Jamaica .
17
dogwood, and loblolly pine. Other species occurring in the understory, shrub. and seedling strata
include blackbead. black ironwood, mahohgany, and ink -wood. A total of 687 trees with DBH
greater than four (4) inches were identified in the construction area, for a density of
approximately 261 trees per acre. The three dominant species constitute approximately 80% of
the total density.
Table 4.3 shows a list of all individuals of species which the county feels should be protected, or
.are federal, state, or county protected plant species found within the construction area. In total,
fourteen (14) species of protected plants were identified and tallied within the ten (10) transect
areas. These include six species on the state list, three species on the county list of Regionally
Important plants, and six additional species deemed important by the county. A total of 708
individuals of plant species protected under state, federal, or county regulations were noted.
Forty-three of these are torchwood and wild lime, which are not protected themselves, but
constitute a key habitat need for the Schaus' swallowtail butterfly.
Approximately 705 seedlings of the protected plant species also were noted. Large trees and
seedlings were distinguished in the counts principally because of the ultimate means by which
County Code would require their transplantation, replanting, or other means of protection. All
gumbo limbos and seedlings identified in the transects were "flagged" for transplantation as were
all torchwood, wild lime, and Rhynchosia vine plants. All other plant; would be replanted in
accordance with the mitigation recommendations seen in the final section of this document.
18
Table 4.1: List of Plants and Animals Located on the Key
Largo Wastewater Treatment Plant Site
Common Name
Scientific Name
Status
Insects
St
Fed
MC
Crab spider
Gasteracantha cancriformis
Golden orb weaver
Nephila clavipes
Green garden spider
Cicadas
Family Cicadidae
Grasshopper
Orange Julia butterfly
Dryas julia largo%elene
Yellow sulfur butterfly
Pieridae family
Cabbage white butterfly
Pieridae family
1/3" light blue butterfly
Hemiargus ceraunus (?)
''/z" beige moth
Brown dragonfly
Suborder Anisoptera
Honey bees
4pis mellifera
Mollusks
Florida tree snail
Liguus fasciatus, possibly v. pictus
SSC
Banded tree snail
Ortholicus jloridensis
Land hermit crab
Cenobita c7ypeatus
Grey land crab
Cordisoma guanhumi
Many —lined forest snail
Drymaeus multilineatus
Cuban garden snail
Reptiles
Brown anole
.4nolis segrei
Green anole
Anolis carolinensis
Black racer
Coluber constrictor
19
Common Name
Birds
White crowned pigeon
Cardinal
Red -bellied woodpecker
White -eyed vireo
Plants
Century plant
Chaff flower
orchwood
White beggar ticks
Borreria
Saffron plum
Willow bustic
Gumbo limbo
Gray nickerbean
Spicewood.or Pale lidflower
Cinnamon bark
Jamaica caper
Limber caper
(Balloon vine
Scientific Name
Columba leucocephala
Cardinalis cardinalfs
Melanerpes carolinus
Vireo griseus
guave sisalana
Iternanthera ramosissima
Ambrosia hispida
myris elemifera
rdisia escallonioides
teramnus lucidus
Bidens alba
Borreria verticilliata
Bourreria ovata
Bumelia celastrina
Bumelia salicifolia
Bursera-simaruba
Caesalpinia bonduc
Calyptranthes pollens
Canella winterana
Capparis cynophallophora
Capparis Jlexuosa
Capraria b Jlora
Cardiospermum halicacabum
Carrica papaya
Cassia sp.
20
St
T
txotic
Exotic
Status
Fed MC
M1
=I
Common Name
Scientific Name
Status
St
Fed IMC
Spurge
Chamaesyce spp.
Snowberry
Chiococca alba
Pigeon plum
Coccoloba diversifolia
Green buttonwood
Conocarpus erectus
Rattlebox
Crotalaria pumula (?)
Royal poinsianna
Delonix regia
Exotic
Beggars tick or Tick trefoil
Desmodium canum
Milkbark
Drypetes diversifolia
E
Devil's potato vine
Echites umbellate
White stopper
Eugenia axillaris
Spanish stopper
Eugenia foetida
Dog fennel
Eupatorium sp.
Seaside gentian
Eustoma exaltatum
Princewood
Exostema caribaeum
E
Inkwood
Exothea paniculata
RI
Strangler fig
Ficus aurea
Shortleaf fig
Ficus citrifolia
Milkpea
Galactia speciformis
Chew stick
Gouania lupuloides
Molly
Guapira discolor
Everglades velvetseed
Guettarda elliptica
Rough velvetseed
Guettarda scabra
Scorpion tail
Heliotropium angiosperinum
Lantern vine
Herissantia crispa
White ironwood
Hypelate trifoliata
E
Morning glory
Ipomoea indica
Black ironwood
Krugiodendron ferreum
RI
21
Common Name
Scientific Name
Status
St
Fed
MC
Wild lantana
Lantana involucrata
Wild bamboo
Lasiacis divaricata
Peppergrass
Lepedium virginianum
Lead tree
Leucaena leucocephalla
PEST
Wild tamarind
Lysiloma latisiliquum
Red pea
Macroptilium lathyroides
Sapodilla
Manilkara zapota
PEST
Melanthera
Melanthera sp.
Poisonwood
Metopium toxiferum
Mouse's pineapple
Morinda royoc
Lancewood
Nectandra coriacea
I RI
African ground orchid
Oeceoclades maculata'
Exotic
Prickly pear
Opuntia stricter
T
Virginia creeper
Parthenocissus quinquefolia
Many -flowered passion vine
Pass flora multiflora
Corky -stemmed passion vine
Passiflora suberosa
E*
Capeweed
Phyla nodiflora
RI
Jamaican dogwood
Piscidia piscipula
Cockspur
Pisonia aculeata
Blackbead .
Pithecellobium keyensis
T*
Cat's claw
Pithecellobium unguis-cati
Wild poinsettia
Poinsettia heterophylla
Wild coffee Psvchotria
nervosa
Randia or White indigobe* Rdndia
aculeata
Red Ironwood Reynosia
septentrionalis
T�
Purple oysterplant Rhoeo
discolor
Exotic
Common Name
Scientific Name
Status
Plants
St
Fed
MC
Hammock snout pea
Rhynchosia swartrii
E
Rougeplant
Rivina humilis
Brazilian pepper
Schinus terebinthifolius
PEST
Snake cactus
Selinicereus spp. (?)
Exotic
Wireweed
Sida acuta
Paradise tree
Simarouba glauca
Spiny greenbriar
Smilax havanensis
T
Smooth greenbriar
Smilax laurifolia
Bahama nightshade
Solanum bahamense
Potato tree
Solanum erianthum
Blue porter weed
Stachytorpheta jamaicensis
Pencil flower
Stylosanthes hamata
Mahogany
Swietenia mahogani
E
Yellow elder
Tecoma sterns
Exotic
Thatch palm
Thrinax radiata
E
Soldier vine
Tournifortia volubilus
Caltrop or Puncture vine
Tribulus cistoides
Florida trema
Tream micrantum
Wild grape
Vitis rotundifolia
Sleepy morning
Waltheria indica
Hog plum or Tallowood Ximenia
americana
RI
Wild lime Zanthoxylum
fagara
E = Endangered
T = Threatened
SSC = Species of Special Concern
C = Commercially Exploited
RI = Regionally Important
2;
Table 4.2: Overstory (>4" DBM Trees Found Within Proposed Construction Site
SPECIES
NUMBER OF PLANTS WITHIN AREA
TRANSECT NUMBER
Plants — > 4" DBH
TI
T2
T3
T4
T5
T6
T7
I T8
I T9
VI I Total
Gumbo Limbo
43
146
24
32
31
11
25
10
14
1
1227
Poisonwood
12
8
19
38
29
9
28
15
I2
0
I160
Jamaica Dogwood
4
8
10
25
6
2
6
2
4
0
167
Wild.Tamarind .
18
7
9
9
22
22
47
6
I 1
16
157
Pigeon Plum
0
3
6
2
2
0
0
2
0
0.
15
Blolly
10
6
9
7
8
1
3
4
0
1
49
Strongbark
0
1
0
0
0
0
0
0
0
0
1
Spanish Stopper
0
0
2
1
0
0
0
0
0
0
3
Strangler Fig
l
0
0
2
0
0
0
0 I
0
0
3
Short Leaf Fig
3
0
0
0
2
0
0
0
0
0 T5
Total
91
79 179
ll6
100
45 1
109
39
11
18 (
687
24
Table 43: Protected Plant:Species Identified for
Transplantation/Replanting
SPECIES
NUMBER OF PLANTS IN AREA
TRANSECT NUMBER
Plant — Protected
T1
T2
I T3
IT4
T5
IT6
T7
T8
T9
VI
Total
Torchwood
3
2
;
0
0
4
.0
3
0
0
15
Wild lime
5
3
3
2
1
1
6
7
0
0
28
Inkwood
3
0
33
8
8
0
3
4
0
0
59
Spicewood
1
0
8
7
1
1
2
0
0
0
20
Black ironwood
33
18
44
36
28
16
16
6
0
7
2.04
Blackbead
23
7
29
49
33
14
12
1
0
0
168
Cinnamonbark
.0
0
0
1
7
1
6
11
0
0
26
Mahogany
5
10
50
25
9
9
17
33 ;..
5
1
164
Paradise tree
1
0
0
0
0
0
0
0
0
0
1
Red ironwood
0
0
0
0
0
1
1
2
0
0
4
Milkbark
6
0
0
0
0
0
0
0
0
0
6
Hammock snout pea
0
0
2
0
0
0
0
1
6
0
9
Corky passion flower
2
0
0
0
0
0
2
0
0
0
4
Sub -total
82
40
172
128
87
47
65
68
11
8
708
Plant — Seedlings
Inkwood Seedlings
34
250
3 1.10*4
70
5
8
3
0
0
477
Black Ironwood Seedlings
4
28
20
16
0
2
4
4
0
2
80
Blackbead
0
0
0
5
5
0
0
.0
0
0
10
Cinnamonbark Seedlings
0
0
0
0
0
0
3
1
0
0
4
Mahogany
1
11
46
27
0
2
1
0
0
0
88
Paradise Tree
3
0
0
0
0
0
0
0
1
0
4
Red Ironwood
0
0
0
0
5
29 1
2
0
0
0
36
Milkbark 1
3
1 0
0
0
1
0
0
2
0
0
6
Sub -total I
45
289I
69I152
81 I
38I
18I
101
1
2
705
Total 112
1329
241
280 1168)
85
I 83
78
12
10
1413
25
43 PROTECTED SPECIES
Monroe County Land Development Regulations recognize all endangered and threatened
plant and animal species and require protecting plant species through transplantation,
replanting, or moving to off -site locations such as native plant nurseries.
The assessment of impacts following this section analyses specific and broad site impacts
and provides the means to mitigate them.
Plant Species
Many of the plant species typical of tropical hardwood hammocks are unique to south
Florida and the Florida Keys in particular. As such, the Florida Department of
Agriculture and Consumer Services (FDACS) has identified many of the species found in
these plant assemblages as endangered, threatened, or commercially exploited. Though
the FDACS designation does not carry the weight of protection to afforded animal
species, they are none -the -less important for providing native Keys and migratory
animals with forage, shelter, and breeding habitat. In addition to the state and federal lists
of protected species, the county has also identified a list of plants of regional importance.
No plant species on -site are listed as endangered or threatenedby theAJSFWS (USFWS,
1999; FFWCC, 1997). Seven species are listed as endangered and three as threatened by
FDACS (_Table 4.2). Six other species are considered as regionally important by Monroe
County. Monroe County's Comprehensive Land Use Plan requires that if these species
are to be cut, they must be "transplanted". Currently, other trees with DBH of 4 inches or
greater must also be "transplanted". By Code, transplanting requires either actual
physical transplant; (usually cost -prohibitive) or replacement with the same or equally
rare species. If actual transplant is not done, replacement plants are required in a two -for -
one ratio for on -site "transplant".
In case of potential use of the site by Schaus swallowtail butterflies, both torchwood and
wild lime should be protected or "transplanted" if they are found within the clearing area,
since these are key food sources for the butterfly. Due to the improbable availability of
torchwood from commercial nurseries, county biologists suggest that additional wild lime
be used as replacement plants for any torchwood found within the clearing area. Wild
lime :is also much. better suited to withstand dryer conditions than torchwood, which
usually only occurs in more mature hammocks. The perfect on -site locations to plant the
transplanted trees are the rear road/southern boundary area, and then the continuation of
Central Avenue. -
Animal Stiecies
The list of state and federally protected animal species potentially occurring on the.site is
shorter than the plant list. The Keys are clearly one of the foci for species protection
because of the unique nature of tropical hammocks in continental North America and
26
because of the insular nature of island plant and animal assemblages. The site is not
within or near any designated Critical Habitat for any species (USFWS, 1999).
Although a total of over 15 listed terrestrial animal species occurs in the northern Keys
(Appendix A), the project site has been identified as potential habitat for only six state or
federally listed species. Each relies on the tropical hammock forests of the Keys as
principal habitat for some portion of its life history. The state and/or federally listed
animal species identified as having the potential to exist on the site, based on range and
observed characteristics of the habitat, are the Schaus' swallowtail butterfly, Florida tree
snail, Eastern indigo snake, Miami black -headed snake, and white crowned pigeon.
The site may also support a transplanted population of the Stock Island tree snail,, but
inquiry of persons known to have moved snails in the past reveals that none are known to
have been moved to this hammock. No evidence of this snail has been seen in the
hammock to date.
In addition, the site is shown as potential habitat for the Key Largo woodrat and the
cotton mouse on the county's endangered species maps. This is largely because the area
historically supported both species and could potentially be used for recovery of the
species in the future. No recent sightings are known to have *ccurr6d further south and
west than the Port Bougainville area of the north Key Largo CARL project. This area is
about 6 miles away from the site. The USFWS and FFWCC believe these two species to
have been extirpated south of the U.S. I/S.R 905 intersection (USFWS, 1999; Cox and
Kautz, 2000), and these species are believed not to have potential for occurrence on the
site.
The following describes species that may have potential to occur within the project site:
L Schaus' Swallowtail Butterflv - Heraclides aristodemus onceanus:
Schaus' swallowtail butterfly is listed as endangered by both the state and federal
governments. It is an intermediate sized Papilionid butterfly ranging from 45 to 55 min
in size. It is distinguished from its nearrelatives by the generally narrower oblique bands nds on the dorsal surface of its wings and in the washed out background
coloration of the wings (brown as opposed to black found in relatives). The "tail" located
at the base of each wing is also, characteristically, longer and narrower than relative
species.
The historic range of the Schaus' is very limited, ranging from southern Dade County
into the northern Keys to just north of Lower Matecumbe. Currently, the species is
limited to north Key Largo and Elliot Key, with occasional sightings in. Key Largo. The
Schaus' lives in hardwood hammock areas. It lays its eggs only on torchwood (Amyris
elemifera) and wild lime (Zanthozylum fagara), both of which are typical hardwood
hammock plants and have been noted on the project site.
27
Although neither the Schaus' swallowtail butterfly nor any egg masses were observed
during several site visits, they may occur on the site due to the presence of suitable
habitat and known occurrence within the general region. A release of captive -raised
Schaus' swallowtail butterflies was made between 1995 and 1997 at John Pennekamp
State Park, approximately 2 miles to the north of this tract, and another release area was
near Point Charles, a similar distance south of this site (USFWS, 1999). It appears
unlikely that the butterflies could have migrated to this site because they would have had
to pass through several existing subdivisions that lack suitable habitat conditions.
Several site visits by county biologists seem to confirm this. However, further
investigation into potential presence would be required prior to land clearing. In any
case, protective measures would be taken to protect the plant host species.
2. Stock Island Tree Snail (Orthalicus reces reces):
This subspecies is listed as threatened by the federal government and threatened by the
state. The genus Orthalicus is represented, (almost not at all) by the subspecies O. reces
reces, whose native range includes only Stock Island and formerly Key West. Both the
state and federal, government protect this subspecies. Only the State of Florida protects
relatives of this subspecies, including O. reces nesodryas, which is also very rare: Over
the past.30 years, various collectors and interested parties have; transplhnted some of these
snails to other parts of the Keys, either to protect them from development in their native
range or because of their colorful appearance. The Stock Island tree snail is known to
have been transported to John Pennecamp State Park, Caloosa Cove Campground, and
several subdivisions on Key Largo (USFWS, 1999). County biologists were unable to
find any reports of transport to this site, and found no evidence of occurrence on the site
during the field surveys. The Recovery Plan for the Stock Island tree snail emphasizes
recovery within the native range in the lower Keys, but includes provisions for habitat
acquisition and restoration in other areas (USFWS, 1999).
I Florida Tree Snail (Limus faciatus):
This species is listed by the state government as threatened, but is not listed by the federal
government. The preliminary investigations by county biologists indicate that tree snails
do inhabit the treatment plant site in Key Largo. Individuals of the genus Liguus are
more, common in the Keys, and two were seen on the property during the 6 July, 10 July,
and-' 20 ' July '2000 site visits. One dead Liguus 'snail shell was identified within one
transect, but it was quite old and deteriorated. In addition, one live specimen of Liguus
fasciatus, possibly v pictus was identified. The original site plan has since been modified
so that -the -transect in which both of these were found is now out of the construction area.
If additional snails were present on the site, their location must be in the higher limbs and
branches of the hammock.
Tree -snails generally are arboreal, although not exclusively, as they lay their eggs in the
wet soil of the hardwood hammock leaf litter during the rainy season. Further
28
investigation would be required to determine the numbers and types of tree snails on the
project site.
4. Eastern Indigo Snake (Drvmarchon corals couperi):
The eastern indigo snake is listed by the both state and federal government as threatened.
It is a large heavy bodied snake which is shiny black or bluish -black above and below. It
is generally known as a docile animal that eats frogs, other amphibians, snakes (including
rattlesnakes), birds, and small mammals such as rats.
Although the snake is found in an array of habitats in Florida, it tends toward moister
habitats, such as pine flatwoods or tropical hardwood hammocks. Within the Florida
Keys, it has been most prominently described from the Torch Keys to Big Pine Key, but
it is also known to exist in Key Largo. Although two black racers were seen, no eastern
indigo snakes were sighted during the preliminary inventory of the site. The eastern
indigo snake generally has a requirement for a relatively large home range, generally in
the range of 46 to 185 acres (USFWS, 1999). The Recovery Plan for the eastern indigo
snake indicates that a minimum area of approximately 10,000 acres is needed to sustain a
viable population of this species (USFWS, 1999), while the FFWCC habitat model for
this species uses a 250-acre minimum size area to define potential habitat needs. Moler
(1992) recommended that only areas >2,500 acres be proposed for conservation of the
species. The site and adjoining hammock areas, including areas in private ownership,
comprise an area of approximately 80 to 150 acres. Thus the site and adjoining habitat
would not be expected to support a large population, and the probability of individuals
occurring within the construction area at any particular time is believed to be low.
5. Miami Black -headed Snake (Tantilla oolitica)•
This species is not listed by USFWS, but is listed by the State of Florida as threatened.
Also known as the rimrock crowned snake, the Miami black -headed snake is a highly
secretive fossorial (burrowing) species typically found in the deep leaf litter of hardwood
m hamocks. To date, very'few of the species have actually been seen. In fact, its first
description was in 1966. At that time only'six specimens were known, five from the
Miami area and one from Key Largo. Since then, three additional individuals have been
collected on Key Largo and Grassy Key. The nearest Florida Natural Areas Inventory
(FNAI) record of occurrence element is several miles north of this site.
Because few observations exist for this species. little is known about basic behavioral
patterns, particularly feeding and reproductive characteristics. Relatives of the species
typically eat termites, spiders, centipedes and other humus dwelling insects. This snake
is believed to produce no more than three eggs at a time.
6. White Crowned Pigeon (Columba leucocephala)•
The white crowned pigeon is listed by the State of Florida as threatened, but is not listed
by USFWS. It generally resembles other pigeon relatives in shape, though with a
somewhat thinner head and neck than others. Its most prominent feature, from which it
eams its name, is the white crown located on its head.
The species migrates to the Keys during the spring months. It makes nests amongst the
isolated fringing mangrove areas. In the upper Keys, it can be seen moving back and
forth in the early morning and late evenings, between the protective mangrove islands on
which it nests to the hammock areas of the populated islands where it feeds on the many
fruiting trees found there.
During the late summer into the fall, the species leaves the Florida Keys and nearby
mainland areas migrating back into the Caribbean basin, including the Bahamas, Cuba,
Puerto Rico, and the Dominican Republic. In those areas, lack of protection brings them
under fire from hunters who relish them as food. A year round population of birds does
seem to remain in the Keys in more limited numbers, particularly in the Lower Keys.
Principal concern for the protection of the species in the Keys is for protection of its
remaining mangrove and hammock habitats
The white crowned pigeon clearly inhabits the hammocks of the upper Keys. During the
field surveys, approximately three pigeons were seen or heard entering or leaving the
project site.
4.4 OTHER INFORMATION AND SOURCES
The proposed site is on the eastern edge of a relatively undisturbed tropical hardwood
hammock habitat area that is one of the largest remaining examples of this community in
the Florida Keys. A portion of the habitat, northeast of the project site has been
purchased by the Florida Department of Environmental Protection under the CARL
program, and is known as the "Newport Hammocks" site. Monroe County has also
purchased smaller tracts of land in this system for conservation. These are generally to
the south of the site in existing residential developments that have not reached "build -
out" conditions. This system has been identified as a Strategic Habitat Conservation
Area (SHCA) for the tropical hardwood hammock community and the white crowned
pigeon by the Florida Game and Fresh Water Fish Commission (FGFCC) in Closing the
Gaps in Florida's Wildlife Habitat Conservation System (Cox, et. al., 1994).
While the South Florida Multi Species Recovery Pion (USFWS, 1999) includes elements
of identifying and conserving potential habitat areas for the Key Largo woodrat, Key
Largo cotton mouse, eastern indigo snake, and Stock Island tree snail, the emphasis is
placed on the North Key Largo area and other large blocks of land where these species
are known to occur. Although the plan encourages acquisition of any: available tropical
hammock area, the project site is not identified as a critical or specific area for
acquisition.
The South Florida Multi Species Recovery Plan, Closing the Gaps in Florida's Wildlife
Habitat Conservation System, and Habitat Conservation Needs of Rare and Imperiled
Wildlife in Florida are all sources of data used in preparing this Biological Assessment.
30
Much of the information in these reports is based on data maintained by the FNAL The
Federal and state status of species is based on Florida's Endangered Species, Threatened
Species, and Species of Special Concern (Florida Game and Fresh Water Fish
Commission, 1997) and the South Florida Multi Species Recovery Plan.
31
5.0 ANALYSIS OF POTENTIAL EFFECTS
5.1 DIRECT AND INDIRECT EFFECTS
Assessment of Construction and Operation IMMUS
Some short-term adverse impacts can be expected in association with construction of the
entire proposed project, primarily on the wastewater . treatment plant site itself. In
addition, some limited impacts may continue with the operation of the facility.
Impact to the remaining contiguous forest of the Keys and to the protected species
associated permanently or seasonally must be noted. Construction of the project would
require removing approximately 2.63 acres of forested area. However, based on current
assessments, roughly 0.41 acres of this forested construction area consists of purely
exotic pest plant species in a narrow boarder along two sides of the existing FKAA fence
line. In addition, as further detailed below, the project would mitigate the loss of intact
hammock area by removing additional exotics in previously cleared right-of-way areas
along the margins of the property and transplanting or replanting protected species from
the construction area. This transplantation area is approximately 0.39 acres,in size.
Thus, as a result of the project, 2.63 acres would be cleared. Only 2.21 acres of this area
would be tropical hardwood hammock. Offsetting the clearing of the 2.21 acres. the
county would remove exotic plant species in adjacent area rights -of -way and would
transplant/replant an area of approximately 0.39 acres. The minimal net reduction of
hardwood hammock on the project site would total approximately 1.82 acres. If the
potential buffer areas are not cleared, the reduction may be as low as 1.51 acres.
Indirect adverse effects are expected to be minimal. The primary potential indirect effect
could be inducement of additional residential development in the area and resultant loss
of hardwood hammock habitat. As discussed in Section 5.3, county growth management
regulations would limit further hammock development. Coupled with the county's
acquisition and conservation of additional hammock habitat in association with this
project, it is expected that there would be no potential net effect or a slightly positive
effect on hammock habitat area. Noise effects during operation may have potential to
cause some disturbance to any foraging white crowned pigeons in the adjacent area, but
the effect is considered to be minimal. Conversely, the presence of a county -maintained
facility may discourage dumping of trash or other incursions by the public that may
disturb the habitat.
Construction of this proposed facility would result in associated construction of sanitary
sewer lines and pumping stations in the Key Largo service area and near the facility. It is
expected that such facilities would be constructed in previously disturbed areas and
existing easements. Construction effects would be temporary. Thus. no significant
adverse impacts are expected from these associated facilities.
32
As discussed in Section 5.2. significant improvement in the quality of the discharge water
is expected, and tertiary treated discharge waters would be disposed of through deep well
injection. An indirect effect of this project thus should be an improvement in the quality
of nearshore waters in the project area, and potential beneficial effects on species in these
areas.
Some additional truck traffic would occur on U.S. 1 because of sludge disposal for the
project. The number of trips is not currently known, but the total would represent an
insignificant addition to the total traffic volume on U.S. 1. Thus this is not expected to
significantly impact any listed species.
Project Land Area Requirements
For contiguous hardwood hammock areas, the Monroe County Land Development
Regulations require that 80 percent (80 %) of the project site remains in its existing state.
As such, the buildable area of the 22-acre project site is 4.4 acres. In addition, the county
holds title to approximately 13.5 acres of contiguous property. Approximately 6.5 acres
of these properties are hardwood hammock allowing an additional 1.3 buildable acres (at
80% open space/20% buildable area). Thus, up to 5.7 acres of buildable area are
available cumulatively if necessary under county hammock protection regulations. The
proposed action is expected to use less than 46% of the potentially buildable area of
county lands. The project site and these adjacent county properties are shown in Figure
3.2 and Table 1.
The county would purchase the entire 22-acre tract for this project. The approximately 19
acres outside of the construction area would remain and be allowed to mature as natural
tropical hardwood hammock. This would be dedicated as conservation land. The
conservation portion of the site is adjacent to the larger portions of the undeveloped
hammock and would Provide, a connection between state owned conservation lands
northeast of the site and county owned conservation lands south of the site. Purchase
and dedication of this site would result in an approximately 155% increase in county -
purchased tropical hardwood hammock conservation lands in this area.
The site would also provide enough native habitat (required to remain by County Land
Development Regulations) to provide visual, olfactory, and aesthetic buffering from
adjacent subdivisions and uses in all directions, particularly the highway.
Based on the county's site surveys, no federally designated .threatened or endangered
animal species are believed to be present in or currently utilize the construction site.
Thus the project is not expected to have significant impacts on any of these species.
Based on the habitat type and location. there is a possibility that other federal and state
designated animal species may be present at times on the site. These include the eastern
indigo snake. Florida tree snail, Miami black -headed snake, and white crowned pigeon.
The county plans to use incremental land clearing procedures, described in Section 5.6 at
this site. Such a process should minimize potential losses of these species. °- Some
33
displacement (approximately 1.82 acres) of habitat for these species would occur. This
loss would be similar to or less than the amount of loss that'would occur if the site were
privately purchased and developed.
Interdependent and Interrelated Effects
Site impacts have been significantly minimized, in the construction design, attention to
clearing requirements, site mitigation, actual construction, and in the development of
operation and maintenance strategies. Some additional impacts would occur through
construction of associated facilities, including sewer lines and lift stations. It is expected
that almost all of this action would occur in existing right -of, --way and in previously
developed areas, so that impacts on protected species would be minimal.
Implementation of this project is expected to result in significant beneficial impacts to
water quality and reduction of discharges of nutrients, bacteria, and other pollutants to the
shallow aquifer and to nearshore waters of the Key Largo area. This is expected to result
in improvements in habitat quality and reduction of stresses to nearby coral reefs,
seagrass beds, and other marine communities.
Overall, the county believes that the benefits achieved from the project far outweigh the
impacts in completing the project. Some 7,958 residential on —site wastewater systems
along with approximately 1,133 equivalent commercial units would be replaced as part of
the project. In addition, approximately 70 existing package plants equating to
approximately 4,511 residential units would also be replaced. Amongst all of these units,
an estimated 2,424 are cesspools. Thus, the wastewater systems in the entire area of Key _
Largo would be improved to meet the Ambient Water Treatment (AWT) Standard of 5
mg/1 Chemical Biological Oxygen Demand (CBOD), 5 mg/1 Total Suspended Soils
(TSS), 3 mg/l Total. Nitrogen (TN), and 1 mg/1 Total Phosphorus (TP).
Total reduction in nutrient load as a result of project completion is significant. Within the
project area, it is estimated that the current wastewater load of nitrogen is 113,300 pounds
per year in the Key Largo project area.. The estimated load reduction resulting from
project completion is 96,950 pounds of nitrogen per year, an 86 percent reduction in
nitrogen load. Similarly, the estimated phosphorous load is 27,680 pounds per year. The
estimated load reduction resulting from project completion is 22,232 pounds of
phosphorous per year, an 80 percent reduction in phosphorous load.
5.2 CUMULATIVE EFFECTS
Impacts to Endangered and Threatened Species
Reduction of remaining habitat in Florida and the Florida Keys is a problem facing most
endangered or threatened species here, throughout the United States, and the world. The
impact of an ever expanding and space and resource demanding human population is at
the crux of the endangered species issue.
34
The Key Largo hardwood hammock system is one of the largest remaining expanses of
this community type in the Keys. It has been estimated that there arc about 4.000
hectares (ha) of tropical hardwood hammock remaining in the Keys and that most of this
is now in publicly owned management areas. The project site represents less than 1% of
the remaining hammock area of the Keys has been lost through development and
clearing. The proposed project would represent an increase in loss of approximately
0.2%. Thus, this project represents no significant cumulative increase to existing losses.
Additionally, the project is intended to serve existing development and no induced
development is expected to occur as a result of the project. The unused portions of the
property would be dedicated as conservation lands, resulting in an increase of over 100%
in county -owned conservation lands in this system.
However, it is possible that the proposed facility would have capacity for serving
additional units, and this could result in additional development pressures in the Key
Largo area potential additional cumulative loss of natural habitats. However, county
development regulations require preservation of 80% of hammock areas on any site, and
the county Rate of Growth Ordinance (ROGO) also makes it unlikely that significant
additional encroachments would occur as a result of development of the project. It is
anticipated that any additional resultant development would occur in non -hammock areas
within the limited service area of the project.
The county believes that it would be a good steward for the property in question, aside
from the impacts that would initially be associated with construction of a wastewater
treatment plant. Within the SR zoning category a minimum of eleven (11) single family
homes could be permitted on the property. With the use of Transferable Development
Rights (TDRs) as many as 22 units could be permitted within the buildable area of the
site. Admittedly. the ROGO process would make it nearly impossible to place 22 homes
on the site. However, the proposed project utilizes significantly less of the buildable area
than allowed under County Code, and a similar level of impact can not be assured in the
case of potential 'alternative uses of the site. The proposed project also restricts
construction to the largely. disturbed, margins of the hammock adjacent to the existing
maintenance area. Even under the habitat conservation constraints established in the
Land Development Regulations as noted in Sections 9.5-344 and 345, it is unlikely that
any alternative residential development of this site would result in a similar L-shaped
clearing in the disturbed area adjacent to the existing maintenance.
In an island biogeography, space becomes all that more important, as in the Florida Keys.
Area in such settings is limited and the impacts of habitat boundaries, .or the clearing of
habitat, creating new boundaries is significant. Frequently, the existence of "edges" is as
important as the existence of sufficient necessary habitat. At the edges of a cleared
hammock, additional light is allowed to penetrate, which may change animal behavior
within the hammock area or at these new boundaries. There is additional opportunity for
intrusion of exotic plant species, and overall changes in habitat structure and diversity can
occur.
35
The project as designed minimizes edge impacts by locating the construction area near
the FKAA site. In addition, transplantation and replanting would occur in areas that have
been cleared in the past and currently contain significant numbers of exotic plant species
and debris. This would reduce existing hammock disturbances and cleared edges.
53 CONSIDERATION OF MITIGATION AND CONSERVATION
MEASURES
Protection of Endangered and Threatened Species
Minimal reduction of habitat would occur as a result of the completion of this project.
However, some habitat loss is inevitable. Any similar project would do as much.
The project has been developed in such a way as to minimize habitat fragmentation, by
avoiding the clearing of irregularly shaped areas within the project site. This would create
greater than necessary boundary or edge effects within the hammock. Clearing would be
carried out as close to adjacent developed areas as possible, thus minimizing the increase
in the hammock area to edge length ratio. Hammock would be cleared so as to maintain
the maximum hammock width and breadth, thus maintaining as much of the interior
hammock character. Such site clearing constraints are clearly identified and required
under the Monroe County Land Development Regulations, Sections 9.5-344 and 9.5-345.
Both sections of the Code are provided for specific review in Attachment I and 2.
Some irregularities in edge boundaries have been recommended as seen in Figures 3.5
and 3.6. These occur in .the areas of transects 8 and 9 where a "saw -tooth" clearing
configuration was recommended. This results from the location and shape of the exotic
plant species situated along the FKAA eastern fence boundary, the presence of large
number of white ironwood in adjacent areas, and the presence of the two Liguus tree
snails previously mentioned (also now outside the clearing area). The "saw -tooth' shape
would maximally protect hammock in this area while eliminating exotics within the
construction site.
The effort to minimize edge effect impacts in the hammock would also help maintain
habitat and species integrity in the remaining hammock on site and in the surrounding
area. This is particularly true for the white crowned pigeon, which relies on the
unfragmented hammock areas as a source of food. Similarly; minimizing these impacts
would leave the maximum habitat possible for the eastern indigo snake. Direct impacts
to the white crowned pigeon can generally be avoided. Reduction in clearing area and
minimization of fragmentation go a long way toward protecting the pigeon's habitat
needs.
However, protection of any Schaus' swallowtail butterflies and tree snails that may be
found on the site would be more difficult. Additional efforts would be made to avoid the
host species of the Schaus' swallowtail butterfly, either by selective clearing or by
restricting construction to areas where the host plant species do not occur. To further
reduce construction impacts, all torchwood and wild lime plants within the clearing area
36
have been marked. These trees would be inspected for the presence of eggs, larvae or
pupae prior to clearing. If any eggs, larvae or pupae are found, they would be allowed to
hatch if possible, and fly away. Immediately prior to clearing, the plants would be re-
inspected, and if unhatched larvae or pupae are found, the branch containing them would
be removed and fastened to either existing torchwood or wild lime plants in the hammock
preserve area. Finally, some replanting of these host species can be accomplished on the
site or in adjacent cleared or disturbed hammock areas.
Although no tree snails were identified within the current construction boundary, an
exhaustive effort would be made to locate any prior to clearing. It would be important to
locate resident groups of the snail for potential removal. If found, snails would be moved
to other areas of the'project site or to adjacent hammock parcels during the rainy season
when they aren't aestivating. All efforts would be made to locate tree snails and move
them appropriately.
The Miami black -headed snake inhabits the deepest leaf litter, thus it is important to
protect the oldest and best -developed portions of hammock areas. Because individuals of
this species are difficult to find, it is important to construct the wastewater treatment plant
in the youngest portions of the hammock where less humus exists. The selection of the
area near the FKAA property and fence line in the area with most exotic plant species
would assist in avoiding any potential snake habitat. Additionally, leaf litter from the
native portions of the clearing area would be moved to replanting areas.
Evaluation of Site — Mitigation Measures
The project site was evaluated based on the availability of developable land,
compatibility of adjacent land uses, critical environmental constraints, existence of
known or probable endangered species or their habitat, and ease/cost of acquisition and
site preparation. In addition, the county took significant public input on over seventeen
sites throughout the Ivey Largo area. 'Concerns over placement of the facility near
adjacent residential uses also was a significant concern for the County Commission,
which ultimately led to the selection of this project site over others.
The county believes that the project can be completed on the project site and meet all
applicable County Land Development Regulations. Serious concern for the protection of
endangered and threatened species would be managed through prudent location and
configuration of the construction boundaries within the project site as noted and shown in
Figures 3.5 and 3.6. Additionally, species such as the tree snail would be moved, trees
such as torchwood and wild lime would be avoided where possible, and these trees and
well as other native fruit bearing trees would be replanted within landscape areas,
adjacent disturbed areas, and perhaps on other adjacent properties. This would provide
some mitigation for potential impacts to the Schaus' swallowtail butterfly, eastern indigo
snake, Miami black -headed snake. and white crowned pigeon.
37
A number of mitigation measures would be undertaken to protect the integrity of the
hammock, its species composition, and species diversity, and to ensure survival of the
endangered and threatened species which inhabit the site. These include:
1. The recommended project construction area would be against the fence at the
FKAA site. This would lessen hammock clearing, and comply with County Land
Development Regulations clustering requirements, requiring the use of the most
disturbed portions of the property first. In addition, from an aesthetic point of view,
in its present recommended configuration would maintain the required U.S. I Scenic
Corridor Buffer of 75 feet.
2. The area to be cleared has been marked with continuous flagging tape. A five-
foot wide construction impact zone has been included in this area. As noted above,
all trees to be "transplanted" (replanted) as well as all torchwood and wild lime plants
within the construction area have been flagged for transplanting. The plants would be
inspected for the presence of Schaus' swallowtail butterflies (all life stages) as well as
the Florida tree snail and Stock Island tree snails just prior to preparation for clearing.
The number of non -transplantable individuals of protected plant species identified in
the construction area is approximately 1,100, thus requiring the replanting of 2,200
trees or seedlings in the transplantation/replanting area
Snail transplant can be started immediately if the snails are not aestivating. In either
case, any snails found would be moved on the branch of their host tree to the same
species in other areas of the hammock. Butterfly removal, if needed, also would not
occur until just before the clearing occurs, allowing any butterflies to hatch and fly off
on their own. Flagging has already been done and an inventory of "transplantation"
species has been completed.
3. All exotic vegetation on the road at the rear of the property and along the
continuation of Central Avenue would be removed, as well as all previously dumped
debris.' These areas can then be prepared to receive the "transplanted" trees, including
large gumbo limbo. Transplantation of these trees can be best accomplished by
cutting, scoring the base, and removing part of the canopy. Preparation would require
that trenched (preferably) holes be provided for all replacement plants, in a zigzag
scattered pattern. In addition, all humus, which has been :collected as part of the
clearing effort, would be spread in the prepared transplantation area to promote new
hammock growth. The humus is an excellent seed source for hammock species. No
humus from the areas containing exotic vegetation would be used. This would also
provide additional protection for the Miami black -headed snake.
4. Replacement of the non -transplantable tree species (identified in Table 4.3) would
be completed in the same cleared areas as noted immediately above. Additional
disturbed areas in the remaining 19 acres may also be identified and used for
restoration plantings. Trees "transplanted" or replaced in this fashion would be
replaced in a two -to- one ratio with the same or equally rare species.
38
5. Transplant of the Rhynchosia vines would be accomplished by hand. either into
the hammock preserve, or pots for replanting into the hammock at a later date.
6. The county would contact a local native plant nurseryman to remove all tagged
seedling -sized threatened, endangered or regionally important plants from the main
treatment plant area. Similarly, any other seedlings desired by local nurseryman
could also be removed from the construction area at the same time.
7. Within the construction area, the 20-foot wide area adjacent to the FKAA fence
can be cleared by bulldozer. This area includes the southern edge of transects 1
through 6. All debris would be removed and soils from this area would be taken to a
dump (after chipping if desired.) This area contains Brazilian pepper and leadtree that
would otherwise tend to further invade the surrounding hammock. The initial 50 feet
of transects 8 and 9 Iocated along the FKAA easterly fence line would be cleared in
the same way.
8. Immediately prior to clearing the remaining native hammock portions of the
construction sites, the flagged wild lime and torchwood would be re -inspected for
Schaus' swallowtail butterfly larvae, pupae or eggs.
The portion of the construction site would be hand cleared, leaving stumps intact.
Once clearing is completed, the area would be left alone for at least 2 weeks to allow
any snakes to leave the area, and to allow a biologist to re -inspect for tree snails.
After this waiting period, stumps would be removed, and the flagged gumbo limbo
trees can be transplanted to the transplant areas. These large gumbo limbos would
provide shade for other transplanted (mitigation) trees. The soils from the rear
(northern) 70 feet of transects 1-7 should then be moved to the transplant areas. This
would begin the normal soil building process, and hopefully preserve any Miami
black -headed spakei that didn't leave the area.
The county would place conservation easements on the associated open space areas,
which could be assumed to fit into the patiern of acquisition for the Newport Hammocks
CARL project. This includes the unused area of over twenty acres within the project site
and well over 28 acres in additional existing parcels in adjacent areas.
In addition, the county and the state would continue land acquisition efforts to expand the
overall protection of endangered and threatened species and the habitat vital to their
existence.
5.4 DETERMINATION OF EFFECT
Six state or federally listed animal species are believed to have potential for occurrence at
or near the site. Only two, the Florida tree snail (state threatened) and the white crowned
pigeon (state threatened) have been found at the site, and use appears to be limited. Field
surveys conducted by county biologists found one live Florida tree snail specimen and
cW
noticed a few white crowned pigeons entering the area to feed. Based on habitat
characteristics of the site and range and presence data, the occurrence potential for the
remaining potentially occurring species (Schaus, swallowtail butterfly, eastern indigo
snake, Miami black -headed snake, and Stock Island tree snail) is considered to be low.
Based on the proposed clearing guidelines and the relatively low occurrence potential and
degree of use, impacts to these species are considered to be non -significant, and the
proposed action should not jeopardize the existence of these_ species. No federally listed
plant species are present on -site, but several species on the state or county lists are
present. The county plans to transplant the individuals of these species or replace them
with additional specimens on areas proposed for hammock restoration.
The project is, considered Not Likely to Adversely Affect any of 'the species listed above,
or any other federally listed species.
40
6.0 INCIDENTAL TAKE EVALUATION
There is a potential for incidental take for the Schaus' swallowtail butterfly (federally
endangered), eastern indigo snake (federally threatened), and Stock Island tree snail
(federally threatened). Based on field surveys conducted by county biologists, the
potential for occurrence of the Schaus' swallowtail butterfly and Stock Island tree snail
are considered to be very low. In addition, the county has proposed additional pre -
construction surveys, relocation procedures, and sequential clearing designed to allow the
eastern indigo snake time to re -locate before heavy equipment enters the site. Based on
these factors, the potential for an incidental take for these species is low. Based on the
small site and adjacent hammock area size and character and the large home range
requirements of the' eastern indigo snake, on a worst case basis, no more than one
incidental take of an eastern indigo snake is likely. Since it is unlikely that any
significant populations of the Schaus' swallowtail butterfly or Stock Island tree snail
would remain undetected by the pre -construction surveys, any potential takes of these
species should be minimal and limited to a few individuals.
41
7.0 CONCLUSIONS
The county firmly believes that the project fairly mitigates or offsets overall impacts that
are occurring within the terrestrial and marine ecosystems of the Florida Keys because of
the water quality improvements that would result from the project. The project would
result in an 86 percent (96,950 lbs./year) reduction in wastewater nitrogen and an 80
percent (22,232 lbs./year) reduction in wastewater phosphorous.
The county has proposed mitigation and constriction procedures intended to minimize
habitat loss and to minimize the potential impacts to plant and animal species,
particularly protected species. These include minimizing the impact area, siting the
facility in the most disturbed portion of the site, restoration, and guidelines for clearing to
minimize hazards to listed species.
Six state or federally listed animal species are believed to have potential for occurrence at
or near the site. Only two, the Florida tree snail (state threatened) and the white crowned
pigeon (state threatened) have been found at the site. Field surveys conducted by the '
county found one live Florida tree snail specimen and noticed a few white crowned
pigeons entering the area to feed. Based on habitat characteristics of the site and range
and presence data, the occurrence potential for the remaining potentially occurring
species (Schaus' swallowtail butterfly, eastern indigo snake, Miami black -headed snake,
and Stock Island tree snail) is considered to be low. Based on the proposed clearing
guidelines and the relatively low occurrence potential and degree of use, impacts to these
species are considered to be non -significant, and the proposed action should not
jeopardize the existence of these species. The project is considered Not Likely to _
Adversely Effect any of these species.
Starting with an estimated 7-acre construction area, the construction area has been
reduced to an area of 2.62 acres, with diligent attention to defining the best location on
the project site for construction. Within 'this 2.62-acre construction area, approximately
0.41 acres is composed entirely of exotic vegetation. This reduces the direct impacts to
tropical hardwood hammocks to about 2.21 acres. In addition, based on County Code
requirements, significant transplantation or replanting of native protected plants found
within the hammock area is required. The county would transplant or replace well over
2,000 trees and seedlings to adjacent cleared rights -of -way (currently disturbed and
unimproved) to restore at 0.39 acres of disturbed area to hardwood hammock at the
margins of the project site. The net impact to hardwood hammock is thus estimated to be
about 1.82 acres.
The replanting effort would also reclaim disturbed areas within the overall "Newport
Hammocks" area reducing existing fragmentation of this hammock area. The remaining
portion of the property (approximately 19 acres) would be dedicated conservation land
and would form a connection between the Newport Hammocks CARL property to the
northeast and the county's existing conservation lands to the south of the site.
42
8.0 LITERATURE CITED
Cox, J., R. Kautz, M. MacLaughlin, and T. Gilbert. 1994. Closing the Gaps in Florida's
Wildlife Habitat Conservation System. Office of Environmental Services, Florida game
and Fresh Water Fish Commission. Tallahassee, FL.
Cox, J. and R.S. Kautz 2000. Habitat Conservation Needs of Rare and Imperiled
Wildlife in Florida. Office of Environmental Services, Florida Fish and Wildlife
Conservation Commission. Tallahassee, FL.
Florida Game and Fresh Water Fish Commission. 1997. Florida's Endangered Species.
Threatened Species, and Species of Special Concern. Official Lists. Tallahassee, FL.
Moler, P. 1992. Indigo Snake. Pages 181-186 in P. Moler, editor. Rare and Endangered
Biota of Florida. Volume Ill. Amphibians and Reptiles. University Press of Florida.
Gainesville, FL.
United States Fish and Wildlife Service (USFWS). 1999. South Florida Multi -Species
Recovery Plan. Atlanta, GA. 2472 pp.
43
APPENDIX A
List of Endangered, Threatened, and Regionally Important Species
Located in the Upper Florida Keys
M
Table A.1: List of Endangered, Threatened, and
Regionally Important Species Found in the Upper
Florida Keys
Common Name
Scientific Name
Status
St
Fed
MC
Insects
Schaus' swallowtail butterfly
Heraclides aristodemus ponceanus
E
E
Fish
Key silverside
Menidia conchorum
T
Mollusks
Florida tree snail
Liguus fasciatus
SSC
Stock Island tree snail
Orthalicus reces reces
E
E
Mammals
Key Largo woodrat
Neotoma floridana smalli
E
E
Key Largo cotton mouse
Peromyscus gossypinus allapaticola
E
E
Reptiles
American alligator
Alligator mississippiensis
SSC
T
American crocodile
Crocodylus acutus
E
E
Eastern indigo snake
Drymarchon corais couperi
T
T
Miami black -headed snake
Tantilla oolitica
T
Birds
White -crowned pigeon
Columba leucocephala
T
Arctic peregrine falcon
Falco peregrinus tundrius
T
Southeast American kestrel
Falco sparverius paulus
T
Southern bald eagle
Haliaetus leucocephalus
T
T
45
Common Name
Scientific Name
Status
St
Fed
MC
Least tern
Sterna antillarum
T
Roseate tern
Sterna dougallii
T
T
Plants
Tamarindillo/Sweet acacia
Acacia choriophylla
E
Long spined acacia
Acacia micrantha
RI
Sweet pine acacia
Acacia pinetorum
RI
Golden leather fern
Acrostichum aureum
E
Giant leather fern
Acrostichum danaeifolium
C
False foxglove .
Agalinis keyensis
RI
Colic root
Aletris farinosa
T
Pineland alamanda
Angadenia berterii
T
Pond apple
Annona glabra
RI
Blodget's wild mercury
Argythamnia blodgettii
E
Saltmarsh aster
Aster tenuifolia
RI
Pine pink
Bletia purpurea
T
Borreria ,..;
Borreria ocimoides
RI
Borreria,
Borreria terminalis
RI
Little strongback
Bourreria cpssinifolia
E
Rough strongback.
Bourreria radula
E
Blue hearts
Buchnera elongata
RI
Locust bent'
Byrsonima lucida
E
Yellow nickerbean
Caesalpinia major
E
Fewflower holdback
Caesalpinia pauciflora
E
Spicewood/Pale lidflower
Calyptranthes pallens
T
Myrtle of the river
Colyptranthes zuzygium
E
Cinnamonbark
Canella winterana
E
46
Common Name
Scientific Name
Status
St
Fed
MC
Big Pine partridge pea
Cassia keyensis
E
Dune lily -thorn
Catesbaea pare flora
E
Butterfly pea
Centrosima virginianum
RI
Prickly apple
Cereus gracillus
E
Barbed wire cactus
Cereus pentagonus
T
Key tree cactus
Cereus robinii
E
Spurge
Chamaesyce adenoptera
#EE--
RI
Spurge
Chamaesyce deltoidea ssp deltoide
Spurge
Chamaesyce garberi
E
T
Spurge
Chamaesyce porteriana v porteriana
E
Spurge
Chamaesyce porteriana v SC oparia
E
Satinleaf
Chrysophyllum oliviforme
T
Small's thistle
Cirsium horridulum
RI
Bull thistle
Cirsium vulgare
RI
Fiddlewood
Citharexylum fruiticosum
RI
Autograph tree
Clusia rosea
E
Silver palm
Coccothrinax argentata
T
Coffee colubrina
Colubrina arborescens
E_
Cuba colubrina
Colubrina cubensis
E
Soldierwood
Colubrina elliptica
E'
Dayflower
Commelina erects
RI
Cordia bush
Cordia globosa .
E+
Orange geiger
Cordia sebestena
E
Tickseed
Coreopsis gladiata
RI
Quail berry
Crossopetalum ilicifolium E
Rhacoma
Crossopetalum rhacoma E
Wild croton
Croton humilis E_
47
Common Name
Scientific Name
Status
St
Fed
MC
Cupania
Cupania glabra
E
Blodget's milkweed vine
Cynanchum blodgettii
T*
Hairnet vine
Cynanchum palustre
RI
Mitterwort
Cynoctonum mitreola
RI
Coin vine
Dalbergia brownii
E*
Whitetop sedge
DichromenaJloridensis
RI
Caribbean crabgrass
Digiraria dolichophylla
T*
Keys varnish leaf
Dodonaea elaeagnoides
E
Milkbark
Drypetes diversifolia
E
Guiana plum
Drypetes laterflora
T
Dollar orchid
Encyclia boothiana
E
Clamshell orchid
Encyclia cochleata
E
Butterfly orchid
Encyclia tampensis
C
Night scented orchid
Epidendrum nocturnum
E
Rigid epidendrum
Epidendrum rigidum
E
Black torch
Erithalis fruiticosa
T
Golden beach creeper
Ernodea littoralis
T
Coral bean
Erythrina herboso
RI
Redberry stopper
Eugenia confusa
E
Red stopper
Eugenia rhombea
E
Creeping morning glory
Evolvulus sericeus v. sericeus
RI
Creeping morning glory
Evolvulus serius v. averyi
RI
Creeping morning glory
Evolvulus serius it glaberrimus
RI
Princewood
Exostema caribaeum
E*
Inkwood
Exothea paniculata
RI
Florida privet
Forestiera segregata
RI
Milkpea
Galactia parvifolia
RI
48
Common Name
Scientific Name
Status
St
Fed
MC
Milkpea
Galactia pinetorum
RI
Milkpea
Galactia prostrata
RI
Milkpea
Galactia regularis
RI
Milkpea
Galactia smallii
E
E
Galium
Galium hispidum
Wild cotton
Gossypium hirsutum
E
Lignum vitae
Guaiacum sanctum
E
False boxwood
Gyminda latifolia
E
Heliotrope
Heliotropium polyphyllum
RI
Golden aster
Heterotheca graminifolia
RI
Rose mallow
Hibiscus poeppigii
E
Manchineel
Hippomane manicinella
E
Diamond flower
Houstonia nigricans v. floridana
RI
White ironwood
Hypelate trifoliata
E
Fringed star grass
Hypoxis wrightii
RI
Indigofera
Indigofera keyensis
E
RI
Indigofera
Indigofera miniata
RI
Curtis clustervine
Jacquemontia curtissii
T
Havana clustervine
Jacquemontia havanensis
E*
Bahama morning glory
Jacquemontia pentanthos
E*
Joewood
Jacquinia keyensis
T
Parasitic ghost plant
Leiphaimos parasitica
E*
Blazing star
Liatris chapmanii
RI
Blazing star
Liatris tenuifolius v. aphyllus
RI
Sand flax
Linum arenicola
E
Galdes lobelia
Lobelia glandulosa
RI
Wild dilly ILlanilkara
jaimiqui
T*
49
Common Name
Scientific Name
Status
St
Fed
MC
Mastic
Mastichodendron foetidissimum
RI
Mayten
Maytenus phyllanthoides
T*
Melanthera
Melanthera aspera v. glabriuscula
RI
Poor man's patches
Mentzeli Jloridana
RI
Cutleaf morning glory
Merremia dissects
RI
Simpson stopper
Myrcianthes fragrans
T
Sensitive plant
Neptunia pubescens v. pubescens
RI
Semaphore -cactus
Opuntia spinosissima
E
Prickly pear cactus
Opunda stricta
T
T
Keys jumping cactus
Opunda triacantha
E
Corky passionflower
Passflora suberosa
E*
Pectis
Pectis leptocephala
RI
Swamp bay
Persea borbonea
RI
Mahogany mistletoe
Phoradendron rubrum
E
Five -petal leaf -flower
Phvllanthes pentahyllus v. Jloridanus
RI
Groundcherry
Physalis angustifolia
RI
Piriqueta
Piriqueta caroliniana v. glabra
RI
Piriqueta
Piriqueta caroliniana v. tomentosa
RI
Pineland pisonia
Pisonia rotundata
E*
Blackbead
Pithecellobium keyensis
T*
Everglades poinsettia
Poinsettia pinetorum
E
Milkwort
Polygala boykinii v. sparsifolia
RI
Milkwort
Polygala grandflora
RI
Buccaneer palm
Pseudophoenbc sargentii
E
Long -stalked stopper
Psidium longipes
T*
Wild coffee/ Dull leaf
Psychotria ligustrifolia
E*
Cretan break fern
Pteris bahaminsis
T
50
Common Name
Scientific Name
Status
St Fed MC
Rabbit tobacco
Pterocaulon pycnostachyum
RI
Red ironwood Reynosia septentrionalis
T*
Brown -nosed snout pea Rhynchosia cinera
JE*
E
Rl
I
Hammock snout pea Rhychosia swartzii
Royal palm Roystonea elata E
Marsh pink Sabatia stellaris
Bahama sachsia Sachsia bahamensis E
Pineland pimpernel Samolus parviorus RI
Soapberry Sapindus saponaria RI
Maidenbush Savia bahamensis E:
Inkbetry Scaevola plumieri
T
Florida boxwood Schaefferia frutescens
E*
Scrub bluestem Schizachyrium sericatum
E*
Gulf grevtwio Schoepfia chrysophylloides
RI
Skullcap utellaria havanensis
E*
RI
Bahama cassia mexicana
T'Senna
T*
Teawee . d
I a rubromarginata
RI
Paradise tree Simaruba glauca
RI
Blue-eyed grass Sisyrinchium arenicola
RI
Greenbriar Smilax havanensis T'*
Potato tree Solanum donianum
T*
Necklace pod Sophora tomentosa
RI
Buttonweed Spermacoce terminalis T'*
Sphenomeris clavato E
sses Spiranthes polyantha E
ffParsleyrn
ig Pine Strumpfra maritima E
Everglades pencil flower St1'losanthes calcicola E*
51
Common Name
Scientific Name
Status
St
Fed
MC
Pencil flower
Stylosanthes hamata
RI
Mahogany
Swietenia mahogani
E
Abrupt -tipped maiden fern
Thelypteris augescens
T
Shield fern
Thelypteris kunthii
RI
Brittle thatch palm'
Thrinax morrisii
E
Florida thatch palm
Thrinax radiata
E
Reflexed wild pine
Tillandsia balbisiana
T
Stiff wild pine
Tillandsia fasciculata
E
Twisted/Banded air plant
Tillandsia flexuosa
E
Giant wild pine
Tillandsia utriculata
E
Sea lavender
Tournefortia gnaphalodes
E
Pineland noseburn
Tragia saxicola
T
West Indies trema
Trema lamarckianum
E*
Florida gamma grass
Tripsocum floridanum
E
Pearl berry/ Tear shrub
Yallesia antillana
E*
Worm -vine orchid ..
Vanilla barbellata
E
Ironweed
Vernonia blodgettii
E*
RI
Tallowwood, Hogplum
Ximenia americana
RI
Florida coontie
Zamia floridana
C
Florida arrowroot
Zamia integrifolia
C
Satinwood/Yellow heart
Zanthoxylum flaium.
E
E = Endangered
T = Threatened
SSC =. Species of Special Concern
C = Commercially Exploited
RI = Regionally Important
52
Attachment 1
Section 9.5-344, Land Development Regulations
Transplantation Plan
53
Sec. 9.5-344. Transplantation plan.
(a) A transplantation plan shall contain the following:
(1) A survey indication the location, size and species to be transplanted;
(2) Identification of the transplantation site including the ultimate location, size and
species of all plants to be transplanted;
(3) The transplantation method to be employed, including:
a. A schedule, by week, of each step of the transplantation process and a specific
completion date;
b. Demonstration of the qualifications and experience of the individual or firm
performing the transplanting;
c. The means of excavating the plant materials;
d. Preparation of the site to which the plant material will be transplanted: and
e. A schedule of maintenance of the plant material after it has been transplanted;
(4) A written narrative description of the likelihood of the success of transplantation
including a description of other successful transplantation of the species proposed
to be transplanted.
(b) All transplantation plans shall meet the following standards:
(1) If. upon site evaluations and review of the narrative required in subsection (4)
above, the proposed transplantation is deemed not feasible by the county biologist
and preservation is not possible, replacement with nursery stock may be permitted
pursuant to the standards listed below;
a. Nursery.stock shall be of the same size as the plants required to be
transplanted. or if of smaller size. shall be substituted at the ratio of two (2)
nursery plants for every one (1) plant proposed for removal;
b. Nursery stock shall be of the same species whenever possible, or equally rare
species as approved by the county biologist;
(2) All transplantation shall be on the development site unless there is no suitable
planting area available;
(3) Transplantation plans shall be approved by the county biologist prior to issuance
of a permit and shall be attached as a condition on the permit;
(4) All transplantation shall be completed prior to issuance of a certificate of
occupancy (CO.) for the site, or, where a C.O. is not applicable, within the time
frame outlined in the transplantation plan.
(5) All transplantation shall meet a survival rate of eighty (80) percent.
(c) Off site transplantation:
(1) Receiver sites eligible for off site transplantation shall be either:
a. Located within an area of publicly -owned (local, federal. or state) land which
is designated solely for the purpose of reforestation, restoration and/or
preservation; or
b. Located within a site owned by a private non-profit conservation organization
where the site is designated for the sole purpose of reforestation, restoration
and/or preservation.
(2) Sites not eligible as receiver sites for off site transplantation:
a. Anv area designated for landscaping that serves an architectural or aesthetic
purpose only:
b. An% area which is a required landscape or buffer area by county code
(however, required scenic corridors are eligible);
c. Any area which would require clearing of native trees or habitat to make room
for plants; and
d. An% area which is required for planting, restoration, or mitigation under the
county land development regulations as part of or as a result of a code
violation case.
(3) Additionally. the off site transplantation area shall be either:
a. Suitable for restoration to the same habitat type as the applicant's property, as
confirmed by the county biologist after site inspection: or
b. Suitable for establishing new habitat, provided that it can reasonably be
expected to support the applicable habitat type based upon site history and
characteristics and is approved by the county biologist.
(4) Off site transplantation methods:
a. The transplantation plan shall be part of a written tri-party agreement or
memorandum of understanding (MOU) between the applicant, the receiving
(transplantation) site owner, and the county. The agreement or MOU shall be
prepared by the applicant in a for acceptable to the county and should state
responsibilities and include a copy of the transplantation plan.
b. All initial costs of transplantation, including materials, installation and labor
required to establish the plants (initial watering, etc.) and to remove exotic
vegetation to prepare the site, shall be the responsibility of the applicant and
shall be calculated as follows in accordance with the terms of the agreement:
1. For transplantable plant material, the applicant shall pay to the owner of
the receiver site. an amount equal to on hundred (100) percent of the cost
of transport and delivery of the plants plus one hundred (100) percent of
two (2) times the cost of a substitute nursery plant material (according to
the ratios in subsection (b)(1)a. above) to cover labor and installation,
plus, fifteen (l 5) percent of the cost of substitute nursery plant material to
cover maintenance for one (1) year.
2
2. For nursery stock, the applicant shall pay to the owner of the receiver site
and amount equal to one hundred (100) percent of the cost of plant
materials (including transportation and delivery), plus one hundred (100)
percent of two (2) times the plant material cost to over labor and
installation, plus fifteen (15) percent of the cost of -substitute nursery plant
material to cover maintenance for one (1) year.
c. All physical maintenance and guarantees required by the transplantation plan
after installation and establishment of plants shall be the responsibility of the
o9wner of the receiver site.
d. As part of the guaranteed maintenance, the owner of the receiver site shall
agree to -keep it free of invasive exotic vegetation in perpetuity.
(d) If none of the above alternatives are available then the applicant shall provide a fee
equal to the cost of the replacement plants plus installation and maintenance.
calculated in accordance with section (c)(4)b 2. above. This fee shall be held in an
escrow account of similar instrument which shall be used by the county to restore and
manage public lands in county or, at the discretion of the county, to a willing
government agency or public or private conservation group for off -site replacement
of the affected habitat. The county biologists shall prepare.a fee schedule which shall
be periodically revised based on the market costs for replacement plants and
installation. The county shall adopt administrative procedures for management of the
escrow account.
(e) Inability to locate eligible off site transplantation area. Until the administrative
procedures referenced in section (d) above are adopted, the following procedure shall
be used when no other alternative is available. If the applicant demonstrates to the
county the he/she has exhausted attempts to locate an off site transplantation area
which meets the criteria of section (c) above, and is unable to locate a suitable site.
the following method shall be employed:
(1) The applicani; shall submit to the county'a transplantation plan which includes all
of the items listed in subsection (a) above with the exception of the location of
trees at the receiver site;
(2) The:applicant should then arrange, with assistance form the county for removal of
the plants from site by area nurseries, landscapers, an-d'other individuals for future
replanting;
(3) Prior to approval of final inspection ;for a certificate of occupancy, the applicant
shall demonstrate that all of the required plants have been removed for
transplantation by submitting receipts to the county form 'the above individuals
which state the species and number of plantsremoved for fraisplantation.
(Ord. No. 33-1986, § 9-910; Amd. 1-2-96)
Attachment 2
Section 9.5-345, Land Development Regulations
Environmental Design Criteria
High Hammock (High Quality)
54
Sec. 9.5-345. Environmental design criteria.
No land, as designated on the existing conditions map and analyzed in accordance %krith
the standards in section 9.5-339 and 9.5-340, shall be developed, used or occupied except
in accordance with the following criteria unless the county biologist recommends an
authorized deviation from the following criteria in order to better serve the purpose and
objectives of the plan and the director of planning or planning commission approves the
recommendation as a minor or major conditional use. No recommendation for an
authorized deviation from these environmental design criteria shall be made unless the
county biologist makes written findings of fact and conclusions of biological opinion
which substantiate,'the need and/or benefits to be derived from the authorized deviation.
(a) Clustering: It is the purpose of this section to minimize the environmental impacts of
development by encouraging design of a development on a parcel of land to
incorporate clustering of the development away from the natural areas on the parcel
that are the most susceptible to harmful development impacts. Clustering
requirements shall apply to all development, including plat design, and shall be
achieved in the following manner:
(1) When a parcel proposed for development contains more than one (1) habitat type,
all development shall be clustered on the least sensitive portions of the parcel
subject to the maximum net densities of section 9.5-262 and 9.5-269 and the
performance standards of this section. For the purpose of this subsection, the
relative sensitivity of separate habitat types shall be as listed below with
subsection (a) being the most sensitive and subsection being the least sensitive.
Development within the least sensitive habitat shall achieve the maximum density
or intensity allowable by these regulations and shall fully utilize the buildable area
of the habitat prior to expanding to the next least sensitive habitat type on the site.
For proposed plats, these cluster requirements shall be applied such that the
number of proposed lots are sized and configured to achieve the highest allowable
density.within the least sensitive habitat prior to locating additional lots within the
Next least sensitive habitat.
a. High hammock (high -quality);
b. Palm hammock;
c. Cactus hammock;
d. Beach/berm;
e. Pinelands (high -quality);
f. Salt marsh and buttonwood wetlands;
g. High hammock (moderate -quality);
h. Low hammock (high -quality);
i. Low hammock (moderate -quality);
j. Pinelands (low -quality);
k. High hammock (low -quality);
1. Low hammock (low -quality);
m. Disturbed beach/berm;
n. Disturbed with slash pines;
o. Disturbed with salt marsh and buttonwood;
P. Disturbed with high hammock;
q. Disturbed with low hammock;
r. Disturbed;
i
s. Disturbed with exotics.
(2) In addition to the requirements of subsection (1) above, when a parcel proposed
for development contains more than one (1) habitat type, the development shall be
clustered within the least ecologically valuable area of each habitat as determined
by the county biologist.
Q) When a parcel proposed for development contains only one (1) habitat type. the
development shall be clustered within the least ecologically valuable area of the
habitat as determined by the county biologist.
(c) High Hammock (High -Quality): All structures developed, used or occupied on
parcels of land that are evaluated as high -quality high hammock according to the
habitat evaluation index set out in section 9.5-339 shall be designed, located and
constructed such that:
(1) All listed threatened. endangered. commercially exploited. and regionally
important native plant species are preserved, protected, relocated or replaced with
nursery stock -of the same species or equally rare species suitable to the site
pursuant'to a transplantation program approved in accordance with section 9.5-
344 of this division.
(2) The edges and general dome configuration of the hammock are preserved in their
natural form;
(3) All native trees with a diameter at breast height (DBH) of greater than three and
one-half (3 %) inches shall be preserved, relocated or replaced with nursery stock
of the same species or equally rare species suitable to the site at a ratio of two (2)
replacements for every one (1) tree removed pursuant to a transplantation
program approved in accordance with section 9.5-344 of this division.
(4) All specimen trees shall be preserved in their natural condition;
(5) All areas of required open space shall be maintained in their natural condition,
including the preservation of midstory and understory vegetation;
(6) All areas of required open space shall have minimum dimensions of two hundred
(200) feet and a minimum of at least one-half acre;
2
(7) The habitat of threatened and endangered animals shall be preserved;
(8) All areas of disturbance shall be managed to avoid the introduction and/or
establishment of invasive exotic species; and
(9) All invasive exotic species shall be removed from the parcel proposed for
development.
(10) A construction impact zone is provided and construction barriers are required at
the outer edge of the construction impact zone and shall be visible and of durable
material such as wood, fabric, wire fencing, rope or wire cable: Barriers shall remain
in place until final inspection for a certificate of occupancy has been approved.
Exhibit M
VaV■ in WE YNV
cimurt c0ull Danny ft KolhageCircuit
Phone: (305) 50
Clerk of the Circuit Court FAX(305) 295366&366 3
e-mail: phancock@monroe-clerk.com
MOMMMIUM
I � � AUG - 6 2002
�/ TO: Timothy McGarry, Director
I Growth Management Division
ROM MANAGEMENT UVISION
ATTN: Colleen Gardner
Executive Assistant
FROM: Pamela G. Hanc
Deputy Clerk Z!J�
DATE: July 31, 2002
At the July 17, 2002, Board of County Commissioner's meeting the Board adopted
Resolution No. 306.2002 adopting policies and guidelines.on standards of reasonableness for
central sewer connection fees and monthly charges and public financial assistance to wastewater
systems and economically disadvantaged households.
Enclosed is a certified copy of the subject Resolution for your handling. Should you have
any questions please feel free to contact our office.
cc: County Administrator w/o document
County Attorney
File
RF-SOLUTION306 -2002
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING POLICIES AND
GUIDELINES ON STANDARDS OF REASONABLENESS FOR
CENTRAL SEWER CONNECTION FEES AND MONTHLY
CHARGES AND PUBLIC FINANCIAL ASSISTANCE TO
WASTEWATER SYSTEMS AND . ECONOMICALLY
DISADVANTAGED HOUSEHOLDS
WHEREAS, on June 20, 2002, the Board of County Commissioners (BOCC)
directed its staff to prepared a Programmatic Implementation Plan to guide the funding
and scheduling of wastewater projects identified in the Sanitary Wastewater Master Plan;
and,
WHEREAS, a significant element of the Programmatic Implementation Plan is
the establishment of policies on the standards of "reasonableness" for connection fees and
monthly user charges and the level of public assistance to be provided wastewater
projects and economically disadvantaged households; and,
WHEREAS, the County staff has identified the following policy objectives for
the establishment of such standards:
o To encourage the initiation and sponsorship by the BOCC through the
FKAA of cost effective wastewater improvements by providing a
quantitative basis for evaluating and comparing projects as to their
viability and priority for government financial support;
o To achieve some uniformity in connection/impact fees and user charges
throughout unincorporated Monroe County to equitably offset the higher
cost of implementation presented by smaller and more remote areas;
o To enable the BOCC to more efficiently and effectively allocate
federal/state grants and County financial resources to projects in order to
Optimize the number of projects that can be undertaken and the number of
cesspits and substandard systems replaced;
o To provide a basis for determining the level and type of public financial
assistance required for wastewater systems and for economically
disadvantaged households on a project by project basis; and
o To provide a policy basis for FKAA to undertake projects and establish its
rate and connection fee structure for wastewater projects; and
CATEMPIfeestandards-resol.doc
Page 1 of 4
WHEREAS, the U.S. Environmental Protection Agency has recommended in its
Publications standards of "reasonableness" on the costs of wastewater projects;
WHEREAS, The U.S. Environmental Protection Agency defines "reasonable"
costs as no more than 2% of the annual median household income for the area, which
include monthly service charges and capital costs amortized over a 20-year period; and,
WHEREAS, the median annual household income for Monroe County in 2001
was $52,100, which means that the threshold for "reasonable" costs for households with
median incomes would be $87 per month; and,
WHEREAS, the County staff has prepared policies on standards of
"reasonableness" of costs for central wastewater projects and economically disadvantage
households based on the U.S. Environmental Protection Agency's recommendations;
WHEREAS, the County staff has also prepared specific policies on levels and
types of public financial assistance to wastewater projects and economically
disadvantaged households based on these above standards; and,
WHEREAS, the BOCC has reviewed the proposed policies 'on standards and
public financial assistance prepared by the County staff to achieve the above policy
objectives; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA THAT:
Section 1. The BOCC endorses the policy objectives for establishment of standards
of "reasonableness" for costs related to central wastewater projects.
Section 2. The BOCC approves the following standards for connection fees, monthly
charges, and total user charges for central wastewater systems:
A. Connection fees should be no more than approximately $2,700 per
Equivalent Dwelling Unit (EDU) after any federal/state grants or County
funds are applied.
B. The monthly service charge per EDU should be $35 or less per month,
excluding debt service costs.
C. The total fees and user charges per EDU should not be more than $87 per
month. These total fees and charges include all connection (capital) costs
amortized at 6% over 20 years; the out-of-pocket costs to property owners,
estimated at an average cost of $12.54 per month [estimated average cost
of $1,750 amortized at 6% over 20 years], for the decommissioning of
existing on -site systems and installation of laterals to connect at property
CATEMPlfeestandards-resol.doc
Page 2 of 4
line with central sewer system;
and, monthly operations and maintenance
costs including any debt service costs.
Section 3. The BOCC recognizes that
the s are intend
desirable "target" levels which the County should a ndeavobovetr to meet however,ed to be
circumstances and situations warrant discretion in their strict application. diffring
Section 4. The BOCC establishes a policy that the level of public grant assistance
both local and federal/state to be provided projects shall be sufficient to ensure that per
EDU connection fees are no more than $2,700 and monthly user charges are $35 or less,
excluding any debt service. The BOCC states that in provision of this
the Coun 's yes grant assistance,
ty polic shall be to solely reduce the capital costs for such systems not
operations and maintenance (O&M) costs. The BOCC fiuther states that except for such
assistance that may be provided to disadvantaged households, the out-of-pocket costs
incanted by property owners for the decommissioning of on -site systems and installation
of laterals to the property line, shall be borne by the property owner.
Section 5. The BOCC directs the staff to undertake all tasks necessary,
the
resolution of any financial, legal, and risk management issues, to establish a 1 revudinolving
ing
loan fund or escrow accounts using 304 Funds that would help underwrite or guarantee
wastewater projects and/or provide working capital.
Section 6. The BOCC establishes a policy of providing financial assistance to
economically disadvantaged households based on the 2 percent of annual median income
household "reasonableness" standard. The two classes of economically disadvantaged
households are "low income" (annual household income of between 80 to more than 50
percent of area median annual household income) and "very low income" (annual
household income of 50 percent or less of the area median annual household income).
Section 7. The BOCC directs the staff in coordination with the FKAA to develop
specific recommended administrative policies and procedures to implement a financial
grant assistance program for economically disadvantaged households.
Section 8. The BOCC directs the staff to transmit a copy of this resolution to the
Florida Keys Aqueduct Authority.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
CATEMPUfeestandards-resoI.doc
Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 17'' day of July, A.D.,
2002.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Mayor Charles "Sonny" McCoy yes
Mayor Pro Tem Dixie Spehar yes
Commissioner George Neugent yes
Commissioner Bert Jimenez no
Commissioner Murray Nelson yes
�•f
BY:
MAYOR/CHAIRPERSON
DANNY . KOLHAGE, CLERK
BY: �y-
PUTY CLERK
o
(L' O L•J Q
C
li Cn J�v
Uj
�-JD
J N Q Z
o Q
N '
CATEMPMfeestandards-resol.doc
Page.4 of 4
•
'4 • .
Exhibit N
bounty of M.onroe
Growth Mana4ement Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
MEMORANDUM
TO: Board of County Commissioners
FROM: Timothy J. McGarry, AI
Director of Growth Mana t
DATE: July 15, 2002
Board of County Co m ; ions
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tem Dixie M. Spehar, Dist. I
Comm. Bert Jimenez, District 4
Comm. Murray Nelson, District 5
Comm. George Neugent, District 2
SUBJECT: Proposed Policies on "Reasonableness" of Central Wastewater
Connection Fees and User Charges and Public Financial
Assistance to Wastewater Systems and Economically
Disadvantaged Households
Overview
At its June 20, 2000, meeting, the Board of County Commissioners directed staff to prepare a
recommended Programmatic Implementation Plan for the Sanitary Wastewater Master' Plan. A
significant element in preparing the Plan is the adoption of specific policies establishing standards
for reasonable central wastewater connection fees and monthly service charges and levels of public
financial assistance to be provided specific wastewater systems and economically disadvantaged
households. This memorandum presents staff issue analysis and recommendations for establishing
these policies, including a draft adopting resolution (attached) for consideration by the BOCC.
Issues Background
The Sanitary Wastewater Master Plan calls for several hundred million dollars in wastewater
improvements to be implemented within a relatively short period of time. These improvements
are to be all completed by 2010. Unfortunately the County has insufficient funding commitments
from the federal and state governments to substantially finance these improvements and, therefore,
must rely upon its scarce revenue sources and the financial capabilities of its residents.
As is well documented in the Sanitary Wastewater Master Plan, the capital cost for these
improvements will vary from an average of $14,000 for on -site systems to anywhere from $4,000
J:\DOCUMEN'nWastewater\policyrates.doc
Page 1 of 6
to $15,000 for central systems. The average capital per EDU cost for central systems throughout
the County in 2002 dollars is estimated to be approximately $10,880. [This figure does not include
the estimated average cost to property owners of $1,750 to decommission existing on -site systems
and connect to central sewer at their property lines.] The capital costs for central systems vary
considerably depending upon the level of treatment, number of users and compactness of the
collection system.
Excluding charges for any debt service, the Sanitary Wastewater Master Plan estimates that the the
operations and maintenance costs for on -site systems will range around $125 per month. Monthly
charges for central sewers, which are dependent upon the size of the treatment plant, its level of
treatment, and number of users, will range from $30 to $75 per month. In general, the more users
on a system the lower per EDU operating costs.
Recognizing that the County is not in a position to further delay the construction of, needed
wastewater improvements while waiting to receive up -front funding commitments from federal
and state sources, the County needs to develop a Programmatic Implementation Plan that schedules
and programs wastewater projects based on wastewater priorities and amount of anticipated
federal, state, and local funding available. To more efficiently and equitably allocate and program
its scarce financial resources to needed projects, it is highly desirable that the BOCC establish
specific policies on standards of "reasonableness" for connection fees and monthly service charges.
These policies would then provide the foundation for setting policies on the levels of public
financial assistance to wastewater system and economically disadvantaged households.
Policy Objectives for Establishment of Standards of "Reasonableness"
The establishment of such standards of "reasonableness" by the BOCC is intended to accomplish
the following policy objectives:
o To encourage the initiation and sponsorship by the BOCC through ;the FK.AA of
cost effective wastewater improvements by providing a quantitative basis for
evaluating and comparing projects as to their viability and priority for government
financial support.
o To achieve some uniformity in connection/impact fees and user charges throughout
unincorporated Monroe County to equitably offset the higher cost of
implementation presented by smaller and more remote areas.
o To enable the BOCC to more efficiently and effectively allocate federal/state grants
and County financial resources to projects in order to optimize the number of
projects that can be undertaken and the number of cesspits and substandard systems
replaced.
o To provide a basis for determining the level and type of public financial assistance
required for wastewater systems and for economically disadvantaged households on
a project by project basis.
J:\DOCLTMENIIWastewater\policyrates.doc
Page 2 of 6
o To provide a policy basis for FKAA to undertake projects and establish its rate and
connection fee structure for wastewater projects.
Standard of Reasonableness for Costs
What constitutes "reasonable" costs for a wastewater system is a subjective and a policy issue. The
U.S. Environmental Protection Agency defines "reasonable costs" as 2% of the median annual
household income for an area. This reasonable cost standard assumes no up -front hook-up fee,
but spreads these costs over a 20-year period including monthly operating and maintenance costs.
Using the 2001 median ►annual household income for Monroe County of $52,100, the threshold for
reasonable costs would be $1,042 or approximately $87 per month. For example, using the
estimated costs for Bay Point prepared by CH2MHill in its report to the BOCC last month, the
projected monthly costs for each household in this system would be S68 based on the total costs of
following: (1) costs per EDU to connect and replace existing on -site systems amortized at 6%,for
20 years-$23 per month ($1,360 for connection fees and $1,750 for decommissioning of on -site
systems and connections at property line); and, (2) per monthly EDU operational and maintenance
(O&M) costs of $45. This total figure of S68 per month would be $19 less than the "reasonable"
threshold set by EPA.
The EPA recommended standard represents a good starting point for setting policy standards for
connection fees and monthly charges, especially when it is recognized that monthly wastewater
treatment costs in the Florida Keys, as documented in the Sanitary Wastewater Master Plan, are
significantly higher than the rest of the United States. However, rather than use a single dollar
threshold for the standard, the staff believes it would more appropriate and useful to establish
individual standards for up -front capital costs and monthly charges with an overall limit on the
total monthly costs to users (EDUs).
These standards should be treated as desirable "target" levels which the County should try to meet.
They are intended to be applied with some discretion for the BOCC and FKAA in addressing
differing circumstances and situations.
Therefore, based on the cost information provided in the Sanitary Wastewater Master Plan and cost
information provided for projects now under development, the staff recommends the following
standards for connection fees, monthly charges, and total user charges:
Connection Fees: Connection fees should be no more than approximately $4,500 per EDU
(approximately 41 percent of estimated per EDU average costs County -wide) after any
federal/state grants, or County funds are applied. Some of these costs may be financed
through monthly user chargers. These costs do not include the estimated $1,750 in out-of-
pocket costs to property owners to pay for decommissioning of their on -site systems and
installation of lateral connections to property line for connection to the central sewer.
Monthly User Charges: The standard monthly user fee per EDU should be $45 or less
per month, excluding debt service. Without considering debt service, the rr -onthly O&M
\\GMD0059\tim\DOCUMENnWastewater\policyrates.doc
Page 3 of 6
V
costs should not be more than $60 per month Any systems that have O&M costs higher
than S60 per month may be of insufficient size to warrant sponsorship, except in special
situations.
Total Fees and Charges: After discounting for federal/state grants and County funding
assistance, total fees and charges by EDU should be no more than $87 per month, including
the amortized costs borne by the property owner to pay for decommissioning of existing on -
site systems and connection to central system at property line. The following costs should
be totaled to determine the total fees and charges by EDU: (1) connection fees amortized
for 20 years at 6%; (2) $1,750 for decommissioning of existing on -site systems and
connection to the central sewer system amortized for 20 years at 6% .[$12.54 per month];
and (3) monthly service charges including any debt service costs. [It should be recognized
that on -site systems are considerably higher than this S87 per month threshold.]
Therefore, by adding the standard of $4,500 for connection fees and the estimated $1,750.
paid out-of-pocket by the property owner (decommissioning of the existing on -site system
and installing lateral to sewer system at the property line) amortized at 6% for 20 years to
the standard of $45 per month for O&M costs, the total user charges would be
approximately $86 per month. [The Little Venice facility with a $4,700 connection fee per
EDU and an estimated monthly service charge of $50 would not meet this standard without
further public subsidy.]
Public Financial Assistance Policies
Policies for public financial assistance should address three grant categories: (1) level of public
grant assistance to projects to achieve specific reasonableness standards for connection fees, which
reflect the capital costs of the project; (2) provision of "interest" free or "low -interest' revolving
loan funds to be used to write down the financing costs of project including providing a " financial
guarantee" to project sponsors; I and, (3) provision of grants to eligible households earning 80
percent or less of the median household income. The following are specific policies recommended
by the staff for each of the three specific areas:
Public Grant Assistance: The BOCC should provide grant assistance and/or secure grant
assistance from federal/state sources for wastewater projects at a level sufficient to meet
wastewater project connection fees standards of no more than $4,500 per EDU :and a
monthly user charge of $45 or less. [It should be noted that public assistance can only write
down capital costs (connection fees) not O&M costs.] Should the proposed pmject have
estimated monthly user fees per EDU of more than S60 per month (assuming no debt
service).. or results in total user fees and charges per EDU of more ,than $87 per month, the
BOCC may.want to seriously reconsider the merits of the project as proposed.
Public Revolving Loans: Where necessary to guarantee a project that provides a public
benefit and where sufficient capital is required to underwrite a project, the BOCC should
establish revolving loan fund or escrow accounts using 304 Funds (Infrastructure Tax).
Although the details would have to finalized on such funds, such as draw -down and
J:\DOCUMEI,MWastewater\policyrates. doc
Page 4 of 6
payback procedures th :�t would sufficiently meet close legal, risk management, and
financial scrutiny, such revolving funds accounts could be used to provide FKAA or a
regulated utility such as Key West Resort Utility with working capital to guarantee and
reduce the financing costs of wastewater treatment facilities (if legal under Florida law).
Public Grant Assistance to Households: The BOCC should establish a policy for
providing direct financial assistance with County funds or federal/state grants (such as
Community Block grant program) to assist economically disadvantaged households in
reducing their connection fees and costs to decommission their existing on -site system and
connect with central sewer. The staff suggests that the proposed level of funding support
should be based on taking 2% of the annual household'income divided by 12 for low
income households (80 percent of median household income) and very low income
households (100 percent of the median household income) and comparing it with the total
fees and charges for the project. The eligible household would receive either the difference
between the two figures times 240 (20 years times 12 months) or the amount of the
connection fees and on -site property costs ($1,750) amortized at 6% for 20 years,
whichever was less. [This limitation reflects that fact that only capital costs are to be
subsidized not operating and maintenance costs.]
For example, in the case of the Bay Point project, the total fees and charges are estimated to
be $68 per month. Under the reasonable threshold of 2% per annual household income, a
low income household would be able to afford a rate of $69.47 per month, which is more
than the $68 per month costs for the Bay Point project. Therefore, these households would
not be eligible for any public grant assistance.
However, for very low income households the reasonableness threshold of 2% of annual
income would be only $43.42 per month. Therefore, very low income households would
be eligible for public grant `assistance under the Bay Point example.
Under the Bay Point example for very low income households, the amount of the grant
would be calculated by taking the difference between the reasonableness threshold and
projected total fees and charges ($68 minus $43.42). This difference of $24.58 per month
when carried out over 20 years is $5,899.
Therefore the property owner would be eligible for reimbursement of the full connection
fees ($1,360) and on -site costs (decommissioning and lateral connection) of $1,750 for a
total of $3,110. fIn detailing the specifics of this program, some consideration should be
given to whether or not it is desirable to provide further subsidy to property owners where
on -site out-of-pocket costs are higher than the average $1,750; however, any such
consideration would increase the complexity and costs of the grant program. ]
The BOCC should also establish policies that require that for a property owner to be
eligible for this grant, that the property owner must meet the .income guidelines and be
homesteaded. In situations where renters meet the income requirements of this grant, the
J:\DOCUME? TMWastewater\policyrates.doc
Page 5 of 6
property owner would be eligible to receive the grant, if tat property owner agrees to place
a 20-year restrictive affordal le housing covenant on the r �; Aence(s) to be connected.
In the proposed resolution, the staff has recommended a broad policy statement indicating the
BOCC's intentions. Full details on the program will need to be developed to implement such a
program, including grant administration.
Recommendation
The staff recommends that the BOCC adopt the attached resolution, which includes the above
policies and standards dbr establishing reasonable• connection fees and, user charges and public
financial. assistance to projects and economically disadvantaged households.
Attachment
J:\DOCUMENTW astewatcr\pol icyrates.doc
Page 6 of 6