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09/11/1997 ~ -..0\ r '> 0 cJ'> ~ GRANT AGREEMENT WFF 333 ~j;: ".. ~ ~ 0;- ~:.. - 0 This GRANT AGREEMENT is entered into between the FLORIDA DEPAI\t~~T fdF ~ ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") an~NRqi '(:~ COUNTY, FEID #59-6000748, (hereinafter referred to as the "Grantee") to imp~! t~ ;;::> 1997-98 General Appropriations, Summary of Statement of Intent for Specific AppT6priatiotl:- ";:; 1276. This Grant-in-Aid is to assist low income residents in replacing illegal or inade~at~n..o:> site sewage treatment and disposal systems. Y In consideration of the mutual benefits to be derived herefrom, the Department and Grantee do hereby agree as follows: 1. The Grantee shall carryout the terms and conditions set forth in this Grant Agreement and all documents and attachments named herein which are incorporated by reference. 2. The Grantee shall provide assistance to low income Monroe County residents in replacing illegal or inadequate on-site sewage treatment and disposal systems in compliance with the following: A. Monroe County Resolution 257-1997, dated July 16, 1997, and Attachments A through D thereto; B. Monroe County Ordinance 03-1997, dated January 16, 1997; and C. Memorandum of Understanding between Monroe County, Department of Community Affairs, Department of Environmental Protection, Department of Health, and Monroe County Health Department for "Coordinated Permit Review Process for Wastewater Disposal Permits and Development Permits for New Residential Development in the Florida Keys." 3. The selection of all entities that will benefit from this Grant Agreement shall be selected in accordance with Monroe County Resolution 257-1997 and Attachments A through D thereto, 4. As consideration for the services to be rendered by the Grantee under the terms of this Grant Agreement, the Department shall authorized payment to the Grantee in the amount of $100,000. The Grantee shall not use grant funds for direct salaries and multipliers (Le., fringe benefits, overhead, and/or general and administrative rates) or for travel expenses. 5. The Grantee agrees to provide matching funds in the amount of $100,000 no later than December 15, 1997. The uses of such matching funds are not restricted under Paragraph 4 above. 6. This Grant Agreement shall begin upon execution by both parties and end December 31, 1999. DEP Grant Agreement No. WFF 333, Page 1 of 5 7. The Grantee shall perform as an independent grantee and not as an agent, representative, or employee of the Department. 8. The Grantee shall submit deliverables as follows: A. An interim progress report (ten copies) to be received by the Department no later than December 31, 1997, documenting the following: I. The deposit of grant funds to Monroe County Finance Department's designated account according to Monroe County Resolution 257-1997, dated July 16, 1997, and Attachment C thereto; ii. The availability of the required matching funds; and iii. Assurance that all on-site sewage treatment and disposal system replacements and upgrades will conform to Department of Health/Monroe County on-site system performance requirements. B. A completion report (ten copies) to be received by the Department no later than December 1, 1999, documenting the following: i. The disbursements of funds equivalent in amount to the grant funds plus the County's matching funds for assistance to low income residents in replacing illegal or inadequate on-site sewage treatment and disposal systems. ii. Description of the on-site system replacements and upgrades and their locations. iii. Certification of compliance with the Department of Health/Monroe County requirements for on-site sewage treatment and disposal system replacements and upgrades. 9. The Grantee shall submit a request (four copies) to the Department to authorize the Florida Department of Banking and Finance payment of all grant funds within 20 calendar days. Days are calculated from the date the signed Grant Agreement is received by the Department. 10. Each party hereto agrees that it shall be solely responsible for the 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. 11. Correspondence relating to the Grant Agreement shall be delivered to the parties at the following addresses: DEP Grant Agreement No. WFF 333, Page 2 of 5 Monroe County Attn: George S. Garrrett Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Department of Environmental Protection Attn: Richard W. Smith Bureau of Water Facilities Funding 2600 Blair Stone Road, MS # 3505 Tallahassee, Florida 32399-2400 12. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Grant Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Grant 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 subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Grant Agreement. 13. This Grant Agreement may be terminated by the Department at any time for failure of the Grantee to perform in accordance with the terms and conditions contained herein. In case of such termination, the Grantee shall be compensated for completed work and irrevocable commitments made. Any unexpended or uncommitted funds shall be remitted to the Department. 14. The Grantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Grantee to solicit or secure this Grant Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Grantee any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this grant. 15. This Grant Agreement shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Grant Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Grant Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Grant Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 16. The Grantee shall maintain books, records and documents directly pertinent to performance under this Grant 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 Grant Agreement and for three years following Grant Agreement completion. The Grantee shall similarly require each subcontractor receiving payment, from moneys equivalent in amount to the grant funds, to maintain and allow access to such records for audit purposes. 17. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Grant Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be DEP Grant Agreement No. WFF 333, Page 3 of5 construed as a waiver of any such breach or default, or any similar breach or default thereafter. 18. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased or procured under the terms of this Grant Agreement. 19. This Grant Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest to any third party without the mutual written agreement of the parties hereto. 20. 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 benefits of; or be otherwise subjected to discrimination in performance of this Grant Agreement. 21. The Grantee agrees to be responsible for the payment of all moneys due under any subagreement used to carryout the services to be provided under this Grant Agreement. It is understood and agreed by the Grantee that the Department shall not be liable to any expenses or liabilities incurred under any subagreement and that the Grantee shall be solely liable for all expenses and liabilities incurred under the subagreement. 22. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and the Grantee shall require all contractors under subagreements to similarly provide for 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 Grant Agreement is not protected under the Workers' Compensation statute, the Grantee shall provide, and cause to be in effect adequate insurance for the protection of employees not otherwise protected. 23. The Grantee agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as may be specifically provided in this Grant Agreement. 24. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Grant Agreement for the purpose of lobbying the Legislature or a state agency. 25. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the Grantee shall provide to the Department an audit of this Grant Agreement in accordance with Rules of the Auditor General, Chapter 10.600, Florida Administrative Code, promulgated pursuant to Section 11.45, Florida Statutes. The Department reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the required audit shall be sent to each of the following within thirteen (13) months after the completion of the Grantee's fiscal year in which the Grant Agreement was completed: DEP Grant Agreement No. WFF 333, Page 4 of 5 Department of Environmental Protection Attn: Richard W. Smith Bureau of Water Facilities Funding 2600 Blair Stone Road, MS #3505 Tallahassee, Florida 32399-2400 Office of the Auditor General Attn: David Westberry Post Office Box 1735 Tallahassee, FL 32302-1735 Department of Environmental Protection Attn: Cathy Carter Office of Inspector General 2600 Blair Stone Road, MS #40 Tallahassee, Florida 32399-2400 26. 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, supplier, contractor, 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. 27. Any change in the scope of the services, grant period, or grant amount is subject to the mutual agreement of both parties and shall require formal amendment to this Grant Agreement. 28. This Grant Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Grant 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 Grant Agreement, unless otherwise provided herein. caused this Grant Agreement to be duly By: Date: of/.../I- " AMcir~ DEPUTY CLE~k FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: ~- ~ Date: Director Division of Water Facilities q/9/qJ , I Approved as to form and legality: DEP Assistant General Counsel DEP Grant Agreement No. WFF 333, Page 5 of 5