05/21/2003
Monroe County Clerk's Of ~e Original
DEP AGREEMENT NO. SP527
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the 3rd day of December, 1999, between the STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the
"Department") and the STATE OF FLORIDA DEPARTMENT OF HEALTH (herein referred to as the
"Contractor") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter
referred to as the "County") is hereby amended.
As of January 7, 2003, all references in this Agreement to the State Comptroller and the
Department of Banking and Finance shall hereinafter be referred to as the State Chief Financial
Officer and the Department of Financial Services, respectively. Any references to the website for
the State Comptroller's Voucher Processing Handbook shall hereinafter be referred to as the
Department of Financial Services' Reference Guide for State Expenditures at
www.dbf.state.fl.us/aadir/reference guide.
Paragraphs 8 and 9 are hereby deleted in their entirety.
Paragraph 13 is hereby modified to read as follows:
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.
Paragraph no. 14, the second sentence is hereby modified to change the record retention period
from three years to five years.
Paragraph no. 15, is hereby modified to read as follows:
In addition to the provisions contained in paragraph 14 above, the Contractor and the County shall
comply with the applicable provisions contained in Attachment C-l. A revised copy of
Attachment C-l, Exhibit-I, must be provided to the Contractor and the County with each
amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall
summarize the funding sources supporting the Agreement for purposes of assisting the Contractor
and the County in complying with the requirements of Attachment C-l. If the Contractor and the
County fail to receive a revised copy of Attachment C-l, Exhibit-I, the Contractor and the
County shall notify the Department's Grants Development and Review Manager at 850/245-2361
to request a copy of the updated information.
Attachment A, Scope of Services, is hereby deleted in its entirety and replaced with Attachment
A-I, Revised Scope of Services, attached hereto and made a part hereof. All references in the
Agreement to Attachment A shall hereinafter refer to Attachment A-I, Scope of Services.
In all other respects, the Agreement of which this is an Amendment, and attachments relative
thereto, shall remain in full force and effect.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SP527, Amendment No.1, Page 1 of2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day
and year last written below.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECfION
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Secretary or designee
By:
Mayor
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Richard Smith, DEP Project Manager
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STATE OF FLORIDA DEPARTMENT
OF HEALTH
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*For Agreements with governmental boards/commissions: If someone other than the ChainnWir signs thi&,
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on
behalf of the Contractor/County must accompany the Amendment.
Date:
Approved as to form and legality:
DOH Attorney
List of attachments/exhibits included as part of this Amendment:
Specify
Type
Attachment
Letter/
Number
A-I
Description (including number of pages)
Revised Scope of Work (3 pages)
DEP Agreement No. SP527, Amendment No.1, Page 2 of 2
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ATTACHMENT A-I
Revised Scope of Services
1. The County shall provide services, pursuant to Item 5.A below and the Contractor shall provide services, pursuant
to Item 5.B below to achieve the objectives of this Agreement in compliance with the following:
A. Rule 28-20.100 of the Florida Administrative Code, as amended.
B. A written agreement with the Florida Keys Aqueduct Authority providing for funding assistance for
construction of the Little Venice wastewater management system.
2. The Contractor shall establish the following relating to assistance to both single family and multi-family, private
residential property owners in Monroe County in eliminating illegal and inadequate On-site Treatment and
Disposal Systems (OSTDS):
A. Procedures for the selection of property owners to receive financial assistance via the Contractor under
this Agreement.
B. The amount of financial assistance to be given to property owners under this Agreement, by the
Contractor, in eliminating illegal and inadequate OSTDS. The assistance shall be comparable with the
level of fmancial assistance estimated, at the time of the Department's acceptance of the initial report
under Item 6.A below, to be realized by the residents of the Little Venice area to be served by centralized
wastewater transmission, treatment, and disposal facilities resulting from the US Environmental Protection
Agency Grant CI20602-04.
3. The Contractor shall implement a property value-based sliding scale grant assistance program, using the County's
funds, to supplement the assistance made available under this Agreement to Monroe County private property
owners for eliminating illegal and inadequate OSTDS if the County fmds such additional assistance is desirable to
carryout the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale grant program
would emphasize assistance to fmancially needy households. Additionally, County funds may be used to establish
an income-based grant assistance program.
4. The Contractor 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 System
(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 appropriate requirements set forth in this Agreement shall be developed; similarly, standardized
documentation of costs incurred or invoiced by third parties shall be developed.
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 $150,000 shall be made available by the County to the Florida Keys Aqueduct
Authority (FKAA) to assist in the construction funding of the Little Venice wastewater management
system Disbursements under this Agreement shall be made to the County on a reimbursement basis
contingent upon the County's submittal to the Department of the subagreement required under Item 1. B
DEP Agreement No. SP527, Attachment A Revised, Page 1 of 3
above. Disbursements shall be no more frequently than monthly. However, all requests for disbursement
must be received on or before June 12, 2003. Invoices shall be accompanied by supporting
documentation and shall be subject to limitations and requirements as follows:
1. Agreement - The County shall not be reimbursed for direct salaries and multipliers (i.e. fringe
benefits, overhead, and/or general and administrative rates) of its employees.
11. Subagreement - Reimbursement requests for payments to the FK.AA must be substantiated by
documentation in conformance with Attachment B. Disbursement by the Department shall be
contingent on the County's approval ofFK.AA's invoices.
111. Travel - No travel expenses are authorized under the terms of this agreement.
B. An amount not to exceed $850,000 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. However, all requests for disbursement must be
received on or before June 12, 2003. 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., Contractor'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. A Property
Reporting Form (Attachment D) shall not be required by the Department. The Contractor shall retain the
documentation listed below for each illegal and inadequate OSTDS eliminated using funds made available
under this agreement.
1. 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.
11 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.
111. 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, designed to meet the
required treatment levels was furnished, 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 due from the County funds (if any); and the local resident's share.
VI. Certification of no double benefits (i.e., no part of the costs invoiced for disbursement by the
Department under this Agreement has been or will be requested to be paid, reimbursed, or
otherwise funded by another agency).
vii. Certification that the initial report under Item 6.A below and all quarterly reports due under
Items 6.C and 6.D below have been submitted to the Department.
DEP Agreement No. SP527, Attachment A Revised, Page 2 of 3
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.
C. Neither the Contractor nor the County shall 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.
6. The Contractor or the County, as appropriate, shall submit, or cause to be submitted, deliverables to the
Department. The Department shall have 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 December 31, 1999,
documenting the following:
1. The selection procedures and the assistance level determination under Item 2 above.
H. The details of any sliding-scale grant program proposed under Item 3 above.
HI. A description of the procurement procedures required under Item 4 above.
B. Invoices from the County for completed construction work performed under the direction of the Florida
Keys Aqueduct Authority.
C. Progress reports from the Contractor 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 20 days after the end of the period and shall contain the following information
relating to the elimination of illegal and inadequate OSTDS:
1. The number ofOSTDS 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.
H. The number and status of OSTDS for which elimination is underway.
iii. The projected schedule to complete all project work under this Agreement.
IV. The funds expended during the reporting period and the funds remaining to be disbursed for
OSTDS elimination under this Agreement.
D. The subagreement between the County and the Florida Keys Aqueduct Authority pursuant to Items 1.B
and 5.A above. The subagreement shall be received by the Department on or before June 12, 2003~
E. A completion report (ten copies) from both the Contractor and the County to be received by the
Department no later than July 12, 2003, summarizing the quarterly reports and the construction
accomplished by the FK.AA.
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DEP Agreement No. SP527, Attachment A Revised, Page 3 of 3