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02/16/2001CLERK'S ORIGINAL MEMORANDUM OF UNDERSTANDING NO. DOH-01 20019 BETWEEN MONROE COUNTY AND THE FLORIDA DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT, TO IMPLEMENT A HOMEOWNERS WASTEWATER SYSTEM ASSISTANCE PROGRAM This Memorandum of Understanding (MOLD is entered into between Monroe County (County) and the Florida Department of Health, Monroe County Health Department (MCHD), under the authority granted in Section 163.01, F.S. I. PURPOSE The purpose of this MOU is to outline the shared responsibilities of the Monroe County Board of Comnussioncrs (BOCC) and the MCHD concerning the implementation of: • Ordinance 031-1999, the Cesspool Identification and Elimination Ordinance, and • a grant assistance program for the replacement of cesspools and other unknown on -site wastewater systems. II. BACKGROUND On 15 April 1993, the Board of County Commissioners adopted its 2010 Comprehensive Plan as required under Chapters 163 and 380 of the Florida Statutes. After lengthy litigation through two separate administrative hearing processes, the final adoption of the Monroe County 2010 Comprehensive Plan (2010 Plan) occurred on 17 July 1997. The Comprehensive Plan, including the seven-year work program, were recently revised in Rule 28-20.100, by the Governor and Cabinet in June of 1999. o �? o r- `a The seven-year work program and Comprehensive Plan policies regwre,-ffiat_the� County cause cesspools and unknown systems to be replaced with pern fdOVite+� Wastewater Nutrient Reduction Systems (OWNRS) in areas wh!R4re-`gnof identified for central sewer service systems (referred to as "Cold Si ts, . .1 program has been re -codified recently in Ordinance 031-1999 (revising Chfdl�teP 15.5, Monroe County Code), known as the Cesspool Identification and Elimination Ordmance. That Ordinance focuses on areas that will not receive sewer service within the next ten years. As required in the seven-year work program, the program cess - dohmou01021(final 022001) Page 1 of 16 to eliminate all cesspools and unknown systems outside "Hot Spots" must be completed by 12 July 2003. The BOCC and the State of Florida retain a concern that those individuals who must replace a cesspool or unknown, unpermitted system under the requirements of Ordinance 031-1999, should be provided an opportunity for grant funding in order to assist in their replacement efforts. Thus, the County and the State have initially set aside up to approximately $3.18 million for a cesspool and inadequate unknown systems replacement grant assistance program. Under the three -party Florida Department of Environmental Protection (DEP) Contract SP527, approved by the Board of County Commissioners (BOCC) in October 1999, the FDEP has agreed to provide $850,000 in funding to the grant assistance program. This grant money is to be distributed to eligible residential property owners in an amount comparable to the subsidy to be received by property owners in the Little Venice Wastewater Project. Little Venice residential property owners will receive approximately a sixty-two percent (62%) subsidy for that wastewater project. The Florida Department of Community Affairs (FDCA) has provided up to $1,325,600 in funding to the grant assistance program, in three separate contracts. These funds are expected to be granted to eligible property owners in accordance with technical and eligibility guidelines specified in FDEP Contract SP527. The cost of constructing an OWNRS under current standards is estimated to be approximately $13,500 (including engineering fees and removal of any cesspool). Sixty-two percent of this amount is approximately $8,400, which will be provided as a flat subsidy to residential property owners replacing cesspools or other unknown systems under Ordinance 031-1999. Using its infrastructure funds, the County has agreed to provide a sliding -scale subsidy in addition to the flat subsidy provided using state funds. The County will provide up to $910,788 of infrastructure sales tax money toward this effort. The amount provided to each residential property owner will be based on the current assessed value of improvements to the subject property. cess - dohmou01021(final 022001) Page 2 of 16 The MCHD has agreed to administer the Homeowners Wastewater System Assistance Program (H W SAP) using State and County funds for ten (10) percent of the amount provided under the grant program. On November 10, 1999, the Board of County Commissioners approved DOH 01- 1999 Memorandum of Understanding, which was executed by the MCHD on December 15, 1999. Subsequently, the Board of County Commissioners approved two Amendments to the original MOU, which revised the amount of funds involved and certain eligibility requirements. It is contemplated that the MOU will be revised to reflect available grant fund dollars and the adequate administrative match monies. This document replaces all previous versions of the MOU incorporating all previous amendments and providing for changes reflected in this document. Changes are intended only to reflect new Contract grant dollars and to establish a payment schedule to MCHD. III. AGREEMENT A. Implementation of the Cesspool Identification and Elimination Ordinance. 1. The County and MCHD agree to coordinate implementation of the Cesspool Identification and Elimination Ordinance, Ordinance 031-1999, revising Chapter 15.5, Monroe County Code. 2. The MCHD shall prepare notification packages and official notification letters to be sent to property owners under the Cesspool Identification and Elimination Ordinance. The notification packages shall contain basic consumer information on the HWSAP. The official notification letters shall constihite formal notice to the property owners requiring them to come into compliance with the requirements of the Cesspool Identification and Elimination Ordinance. Included with each official notification letter shall be necessary forms and instructions for complying with MCHD requirements and instructions on how to receive grant assistance for the replacement of the cesspool or inadequate unknown system. 3. The MCHD shall have responsibility for sending out notification packages to owners of all properties identified on the MCHD "unknown systems" list within Cesspool Identification and Elimination Areas ("CIEAs") delineated by resolution of the BOCC, as specified in Ordinance 031-1999. After cess - dohmou01021(final 022001) Page 3 of 16 consultation with the Monroe County staff, the MCHD shall send official notification letters to all owners of non-residential properties and some portion or all of the owners of residential properties identified on the MCDH "unknown systems" within a "CIE -A." The number of official notification letters sent to owners of residential properties shall be limited to the number of cesspools and unknown systems anticipated to be replaced for which grant funding is available. Wherever possible, the official notification letters shall be sent to concentrated geographic areas and subdivisions. 4. The County and MCHD shall cooperate to develop the content of the mail -out to those property owners receiving notification packages and official notification letters as noted in Section III. A. 2. above. 5. The County and MCHD shall develop a public outreach effort to inform the County's citizens about the implementation of the Cesspool Identification and Elimination program — who will be affected, where, what will be required of them, and what it is expected to cost. This program will be carried out in fulfillment of task requirements identified in the seven-year work program adopted by the Governor and Cabinet in Rule 28-20.100. B. Implementation of the Homeowners Wastewater System Assistance Program. 1. General Provisions a.) The County and MCHD agree to coordinate a grant assistance program for replacement of cesspools and unknown systems on residential properties in accordance with the provisions of the three -party FDEP contract SP527 and this Agreement. b.) The MCHD shall administer the grants assistance program in accordance with all the terms and provisions of FDEP Contract SP527 and this Agreement. The payment conditions, schedules, record keeping and audit requirements of FDEP Contract SP527 also apply to this Agreement. A copy of FDEP Contract SP527 is hereby attached to this Agreement (Attachment 1). In furtherance of the objectives of this Agreement, the MCHD shall provide the County with a copy of all reports required by FDEP Contract SP527 and provide quarterly status reports to the County beginning with the calendar year beginning on January 1, 2000. The cess - aohmouo 1021(Final 022001) Page 4 of 16 quarterly reports shall outline the grant assistance program's administrative activities and expenditures for the reporting period. 2. State Grant Sources a.) State funding sources for replacement of unknown and inadequate on -site waste treatment and disposal systems include $2,175,600 in one FDEP Contract and three FDCA grant Contracts. The FDCA grants shall be administered in the same general manner and under the same basic guidelines as the FDEP SP527 grant Contract (Attachment 1). Quarterly reports required under SP527 will be expanded to include funds expended under the FDCA grants and will be provided to the FDCA Contract Manager. Specifically these contracts include: Contract Nulnber County Account Amount SP527 NA $850,000 99-DR-1 Q-1 1-54-01 -001 125-53009-530490-GW9903-530340 $100,000 00-DR-1 W-11-54-01-002 125-53009-334500-GW0003-530340 $600,750 01-DR-1 ?-11-54-01-00? 1 125-53011-530490-GW0102-530340 1 $624,850 The FDCA Contracts are attached as Attachments 2 through 4. 3. County Grant Funds a.) The County shall provide for the entire share of the eligible costs for replacement of inadequate on -site waste water treatment and disposal systems eligible for assistance under the shared use of a system provisions of Section III B 6. f.). b.) Predicated on Section III B. 2. a.) immediately above, Monroe County shall make available to MCHD up to $716,271 as a grant match to the FDCA and FDEP funds. These funds have been provided in part in ($220,787) the County's first payment of $509,975 to MCHD, February 2000. 4. Administrative Funds cess - dohmou01021(final 022001) Page 5 of 16 a.) Through the duration of this grant assistance program, and unless otherwise modified by an amendment to this Agreement, the County shall provide ten percent of the cumulative total of all available grant funds to MCHD for adnsinustration of the cesspool replacement grant assistance Program- b.) Based on the sum of the current State contracts available to fund the HWSAP and the projected requirements of County match dollars identified in Section I1I. B. 2. 0 above, the County will be required to expend an estimated $289,188 for MCHD administrative overhead. These funds have been provided in their entirety in the County's first payment of $509,975 to MCHD, February 2000. 5. County Budget Appropriations a.) The County will provide up to $1,821,084 (State grant dollars and County snatch dollars) in five lump sum amounts. The first $200,000 will be provided no later than 1 November 2000, corresponding to the FDCA Contract 99-DR-1Q-11-54-01-001 which must be allocated and spent by 31 December 2000. Use of FDCA Contract 99-DR-1Q-11-54-01-001 will be prioritized until those funds and County match funds are exhausted. The remaining grant funds amounting to $1,621,084 will be provided in four lump sums of $406,021 on the following approximate schedule; 30 June 2001, 30 September 2001, 31 December 2001, and 30 April 2002. b.) If at any time MCHD determines that additional monies are not immediately required for a given quarter, as identified above, then they will notify the County that a quarterly payment is not required. However, in no case shall such payment lapse more than 60 days from the last required payment and in no case shall monies be provided after the last identified quarter, 30 April 2002. c.) This sub -section is subject to revision based on the progress of the HWSAP and the possibility of FDCA Contract extensions for Contracts approved in 2000. 6. Homeowners Wastewater System Assistance Program (HWSAP) cess - dohmou01021(final 022001) Page 6 of 16 a.) The MCHD shall administer a sliding scale, improved property value and income based, HWSAP on behalf of Monroe County and the State of Florida. b.) The grant assistance program shall be available to property owners of all eligible residential properties, including mobile home and trailer parks. These funds shall be used to partially defray the costs for the replacement of cesspools or unknown systems or eligible inadequate systems with an approved OWNRS, small off -site cluster systems, or DEP approved wastewater treatment facilities, in accordance with FDEP Contract SP 527 and this Agreement. c.) Only owners of residential properties identified through implementation of Ordinance 031-1999 and owners of residential properties under the provisions of Section III B. 6. f.) shall be eligible for the grant assistance program. Except for residential properties made eligible for grant assistance under the provisions of Section III B. 6. f.), these properties must be listed on the MCHD's "unknown systems" list and subsequently identified as existing within a "CIEA" as defined in Ordinance 031-1999 and adopted by Resolution of the BOCC. Owners of residential properties identified on the "unknown systems" list within a designated " CIEA" that receive an official notification letter from MCHD or owners of residential properties under the provisions of Section III B. 6. f.) shall be eligible for grant assistance funding. Owners of other residential properties on the "unknown systems" list situated within a "CIEA" shall not be eligible for grant funding until they receive an official notification letter from MCHD. Commercial properties shall be ineligible for any grant assistance funding under this program. d.) The grant assistance levels provided per each replaced on -site system through this grant program are identified in Attachment 5 and may be modified through amendments to this Agreement. These assistance levels shall be the maximum amounts that may be granted to an eligible property owner per system replaced. e.) If the actual cost of construction of an OWNRS or eligible replacement system is less than the $13,500 average cost estimated by the County, the grant assistance applicant shall only be eligible to receive a proportionate share of the costs for reimbursement. Under the sliding cess - dohmou01021(final 022001) Page 7 of 16 scale property value based program, this share shall be calculated as follows: sixty-two percent (62%) of total costs for properties with improvements valued over $200,000; seventy percent (70%) of total costs for properties with improvements valued between $100,000 and $200,000; and eighty-four percent (84%) of the total costs for properties with improvements valued less than $100,000. Under the income -based program, the share shall be calculated as eighty-four percent (84%) of construction cost. Income shall be based on Median Income for Monroe County as validated by Gross Adjusted Income provided in IRS Form 1040 (or equivalent). See Attachment 5. f.) Owners of residential properties located within a "Cold Spot," who want to replace their permitted systems through the shared use of a new system with an adjacent property owner, who has received an official notification letter, as provided for in Section III B. 6. c.), shall be eligible for the grant assistance program. The grant to be provided to each property owner shall be in accordance with Attachment 6. g.) MCHD shall not provide grant funds to any property owner, who has been found to be in violation by the County Code Enforcement Special Master of failing to comply with any of the provisions of Chapter 15.5 of the Monroe County Code. h.) Any nutrient credit that is generated by replacement of an on -site system for which grant assistance is provided under this program shall be the property of Monroe County. As a condition of receiving grant assistance, the property owner shall be required to sign a statement waiving any right to such nutrient credits. 7. Incorporation of Amendments a.) This Agreement replaces Memorandum of Understanding, No. DOH 01-2000, dated 18 January 2001. 8. Effective Date and Termination a.) This Agreement shall be effective on the date the last party signs this agreement. It shall remain in effect until July 12, 2003, unless cess - dohmou01021(final 022001) Page 8 of 16 modified in writing between the two parties; or terminated as provided in Section III 8. b.) below; or, unless the FDEP Contract SP 527 and subsequent FDCA Contracts are terminated. b.) This Agreement may be terminated in whole or part by any of the signed parties for convenience without cause, provided that no termination may be effected unless the other party is given (1) not less than sixty (60) calendar days written notice (delivered by certified mail, return receipt requested) of the intent to terminate and (2) an opportunity for consultation with the terminating party. If termination for convenience is effected by the County, the MCHD shall return to the County all unexpended County funds adjusted for work performed and settlement costs reasonably incurred by MCHD relating to any commitments or contracts (e.g. suppliers, contractors), which had become binding prior to receipt of the notice of intent to terminate. 9. FDEP Coordination a.) Both parties agree that any amendment to this Agreement revising the grant assistance levels in Attachment 2 or guidelines for shared systems in Attachment 3, requires the prior written consent of the FDEP Project Manager for FDEP Agreement No. SP. 527. REMAINING PORTION OF PAGE - BLANK cess - dohmou0102 ] (final 022001) Page 9 of 16 THE PARTIES, by their duly authorized undersigned representatives have executed this Agreement on the dates and year below written. cess - dohmou01021(final 022001) BOARD OF COUNTY COMMISSIONERS MONR,VE COUNTY, FLORIDA Z-oa, FLORIDA DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT BY:� �-'..� AUTHORIZED SIGNATORY APPROVED AS TO FO LEG SUFFI N B CO ORNEY Page 10 of 16 ATTACHMENT 1 cess - dohmou01021 Page 11 of 16 CL FR-X S oR I G IAJI4L DEP AGREEMENT NO. SP527 STATE OF FLORIDA ASSISTANCE c PURSUANT TO LINE ITEM 1360A OF THE 1998 - 99 APPROPRIATI rn m m=--c a ace• o al THIS AGREEMENT is entered into between the STATE OF FLORIDA�@4RXM • 4F"-IENVIRONMENTAL-,-'ROTECTION;*whose address is 3900 -CommonwQ-aR.b0oa-eva�l, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") an¢Rh�TAE Z FLORIDA DEPARTMENT OF HEALTH, whose address is Post Office Box &t9&,-Ke;PW&, Florida 33041 (herein referred to as the "Contractor") and the Monroe County Board of County Commissioners whose address is 500 Whitehead Street, Key West, FL 33040, the governing body for Monroe County, Florida (herein referred to as the "County"). The first objective of this Agreement is to eliminate illegal and inadequate on -site sewage treatment and disposal systems on privately owned property classified either as single family or multi -family residential property. The second objective of this Agreement is to provide funding for a portion of the costs that relate to providing centralized wastewater transmission, treatment, and disposal for the Little Venice area and that are not eligible for federal funding under EPA Grant C1200602-04. In consideration of the mutual benefits to be derived herefrom, the Department, the County, and the Contractor do hereby agree as follows: 1. The Contractor and the County do hereby agree to perform services in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the following terms shall have the designated meanings: A. "Subcontract" and "subagreement" mean, interchangeably, written agreements between third parties and either the Contractor or the County for purpose of achieving the objectives of this Agreement. B. "OSTDS" means on -site treatment and disposal system. C. "OWNRS" means on -site wastewater nutrient removal system which is an on - site treatment and disposal system providing a high level of treatment required - by Florida Statute. 2. This Agreement shall begin upon execution by all three parties and end no later than July 12, 2003, inclusive. In accordance with Section 287.058(2), Florida Statutes, neither the Contractor nor the County shall be eligible for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. DEP Agreement No. SP527, Page 1 of 10 3. As consideration for completion of the services under the terms of this Agreement, the Department shall disburse an amount not to exceed $1,000,000. The allocation of the contract funds to the services to be provided is detailed in Attachment A. No disbursement under this Agreement shall be made to the County until the initial report due under Attachment A, Item 6.A has been found acceptable to the Department. Disbursements to the County and to the Contractor shall be according to the following: A. Disbursements for services under Attachment A, Item 5.A shall be made to the County. Disbursements shall be made on a cost reimbursement basis in accordance with the Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. Invoices shall be submitted no more frequently than monthly and shall be supported by the reports and other documentation described in Attachment A. All invoices or bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. B. In accordance with Section 216.181(15)(b), Florida Statutes, the Department, upon written request from the Contractor and written approval from the Comptroller, may provide a full advance to the Contractor. All funds provided to the Contractor shall be for the services described under Attachment A, Item 5.13. The Department shall authorize payment of the advance within 20 calendar days after receipt of the following: 1) receipt of advanced payment approval from the Comptroller, 2) receipt of the full release of the budget supporting the appropriation funding this Agreement, and 3) execution of this Agreement. Until such time as advance payment is made by the Department, the Contractor is not required to perform any work under this Agreement. Once advanced, the Contractor shall be responsible for submitting information summarizing expenditures in each quarterly status report as required under Attachment A, paragraph 6.C. Any unused funds remaining at the end of this Agreement shall be returned to the Department for appropriate action. 4. The Contractor requires total compensation from the County not to exceed the amounts identified below for contract management expenses incurred by Contractor's employees in fulfilling Contractor's responsibilities relating to the elimination of illegal and inadequate OSTDS. No funds made available under this Agreement shall be used for contract management expenses that may be incurred by the Contractor or the County. The Department shall have no responsibility to ensure that such expenses are recovered. A. $85,000 for the implementation and administration of financial assistance using the funds provided under this Agreement pursuant to Attachment A, paragraph 5.6. DEP Agreement No. SP527, Page 2 of 10 B. Ten percent of any separate and supplemental funds provided by the County under Attachment A, paragraph 3 for implementation and administration of sliding scale financial assistance. 5. The County shall establish a source of temporary funding to disburse funds to third party private property owners that eliminate illegal and inadequate OSTDS as a result of this Agreement if the Contractor and the County elect to expedite payment to such property owners. 6. Consistent with all permits, the Contractor agrees to require continued proper operation and maintenance for all OWNRS furnished and installed using funds provided by this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 8. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein (including Attachment A), to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a Contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/410-9724 or 1-800-848-3792. 9. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor and the County, as appropriate, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a Contractor requests payment. The interest rate - established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 10. 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 DEP Agreement No. SP527, Page 3 of 10 constitute a waiver by any party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 11. Any dispute between the Contractor and the Department involving the adequacy of deliverables described in Item 6 of Attachment A shall be resolved at the lowest organizational level possible. However, final decisions over disputed issues may be made by agency Secretaries or their designees. 12. A default under this Agreement shall occur in the event of the Contractor's or the County's failure to perform and complete in a timely fashion any of the services required under Attachment A or in the event of failure to comply with any of the terms of this Agreement. In addition, the Contractor or the County, as appropriate, agrees to notify the Department of any default no later than thirty (30) calendar days after occurrence. In the event of a default, the Department may, at its option, issue written notice of default to both the Contractor and the County. Failure to timely cure the default may cause the Department to 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 and otherwise provided by law or in equity: A. Terminate this Agreement, provided that the Contractor and the County are given at least thirty (30) calendar days prior written notice of such termination. The Department shall provide an opportunity for consultation regarding the reason(s) for termination. B. Commence an appropriate legal or equitable action to enforce performance of this Agreement. C. Withhold or suspend disbursement of all or any part of a request for disbursement. D. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information to determine the reasons for or the extent of non-compliance or lack of performance; issuing a written warning that more serious measures may be taken if the situation is not corrected; advising the Contractor and the County to suspend, discontinue or refrain from incurring costs for any activities in question; or requiring reimbursement to the Department for the amount of cost incurred for any items determined to be ineligible. E. Recover funds if the County or the Contractor is found in non-compliance with laws, rules, and regulations governing the use of the funds under this Agreement. Notwithstanding the foregoing, the Contractor and the County shall not be relieved of liability to the Department by virtue of any breach of Agreement. The Department may, to the extent authorized by law, withhold payments to the Contractor and the County for purpose of set-off until such DEP Agreement No. SP527, Page 4 of 10 time as the exact amount of damages due the Department from the Contractor or the County, as appropriate, is determined. F. Exercise any other rights or remedies which may be otherwise available under law. 13. This Agreement may be unilaterally canceled by the Department for refusal 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 Contractor or the County in conjunction with this Agreement. 14. The Contractor and the County 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 three (3) years following Agreement completion. In the event any work is subcontracted, the Contractor and the County shall similarly require each of its subcontractors to maintain and allow access to such records for audit purposes. However, books, records and documents relating to subagreements or workorders under Item 16.13 below shall be maintained by the Contractor for audit purposes. 15. The Contractor and the County shall comply with the applicable provisions contained in Attachment C. A revised copy of Attachment C, Exhibit-1, must be provided to the Contractor and the County with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Contract for purposes of assisting the Contractor and the County in complying with the requirements of Attachment C. If the Contractor or the County fail to receive a revised copy of Attachment C, Exhibit-1, the Contractor or the County, as appropriate, shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated information. 16. Neither the Contractor nor the County shall subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Project Manager. It is understood and agreed by the Contractor and the County that the Department shall not be liable to any party for any expenses or liabilities incurred under any subcontract, work order, etc. and that the Contractor or the County, as appropriate, shall be solely liable for all expenses and liabilities incurred under any subcontract, work order, etc. A. The Department grants consent to the County to enter into a subcontract with the Florida Keys Aqueduct Authority for the performance of the administrative activities described in Attachment A, Item 5.A. An executed copy of the subagreement with the Florida Keys Aqueduct Authority shall be provided by the County to the Department. The County agrees to be responsible for the fulfillment of all work elements included in the subagreement consented to by the DEP Agreement No. SP527, Page 5 of 10 Department and agrees to be responsible for the payment of all moneys due under the subagreement. B. The Department shall grant consent to the Contractor to enter into subagreements with, or to issue work orders to, third parties for eliminating illegal and inadequate OSTDS and furnishing/installing OWNRS on privately owned single or multi -family residential property provided that the Contractor establishes satisfactory procurement procedures addressed in Attachment A and elsewhere in this Agreement. 17. In accordance with Section 216.347, Florida Statutes, the Contractor and the County are hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 18. 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 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. 19. The Contractor and the County shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. This requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor shall be responsible for including this provision in all subagreements, work orders, etc. with private organizations and individuals issued as a result of this Agreement. The County shall be responsible for including this provision in the only subagreement that it is authorized to issue, under paragraph 16.A, as a result of this Agreement. 20. The Project Managers for this Agreement are identified below. A. The Department's Project Manager is identified as follows Richard W. Smith, Professional Engineer Administrator Bureau of Water Facilities Funding 2600 Blair Stone Road, MS # 3505 Tallahassee, Florida 32399-2400 Telephone: (850) 488-8163 FAX: (850) 921-2769 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP527, Page 6 of 10 B. The Contractor's Project Manager is identified as follows: Stephanie Walters Monroe County Health Department Administrator Post Office Box 6193 Key West, Florida 33041 Telephone: (305) 293-7544 FAX: (305) 292-6872 C. The County's Project Manager is identified as follows: George Garrett, Director of Marine Resources 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Telephone: (305) 289-2507 FAX: (305) 289-2536 21. To the extent required by law, the Contractor and the County 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 and, in case any work is subcontracted, the Contractor and the County, as appropriate, shall require all subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor or the County. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In rase any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Contractor or the County, as appropriate, shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 22. The Contractor and the County, as independent contractors and not as agents, representatives, or employees of the Department, agree to cant' adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 23. The Contractor and the County covenant that they presently have no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. Upon satisfactory completion of this Agreement, the Department waives right of ownership of the equipment and materials for the OWNRS furnished and installed on property owned by third parties provided that the Contractor documents compliance with the requirement under Item 6 above. However, a Property Reporting Form, DEP Agreement No. SP527, Page 7 of 10 provided as Attachment D, for any equipment purchased for the performance of services, under Attachment A, Item 5.A, associated with the operation of the Little Venice wastewater management system shall be completed and forwarded along with the appropriate invoice to the Department's Project Manager. The following terms shall apply for any equipment purchased using funds provided by this Agreement and a subagreement between the County and the Florida Keys Aqueduct Authority: A. The Florida Keys Aqueduct Authority shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the work required under Attachment A, Item 5.A is being performed or has been performed. B. The County shall ensure that the Florida Keys Aqueduct Authority is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The County shall ensure that the Florida Keys Aqueduct Authority is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in its possession. 25. 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, requirements, etc.). All change orders are subject to the agreement of the Department, the Contractor, and the County as evidenced in writing. Any change order which causes an increase or decrease in the cost or time for completion shall require formal amendment to this Agreement. 26. The employment of unauthorized aliens by any Contractor/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Contractor shall be responsible for including this provision in all subagreements, work orders, etc. with private organizations and individuals issued as a result of this Agreement. The County shall be responsible for including this provision in the only subagreement that - it is authorized to issue, under paragraph 16.A, as a result of this Agreement. - 27. The Contractor and the County covenant that they have the procedures and capability to ensure compliance with all state and local laws, regulations, and ordinances governing their respective responsibilities under this Agreement. The Contractor and the County covenant that they will investigate and resolve any disputes, protests, or complaints arising from the performance of the services described in Attachment A. Nothing herein shall be construed as consent by the Department or subdivision of the State of Florida to be sued by third parties in any matter arising out of any agreement. DEP Agreement No. SP527, Page 8 of 10 28. 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. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP527, Page 9 of 10 IN WITNESS. WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT COUNTY COMMISSIONERS OF ENVIRONMENTAL PROTECTION By: � y: Mayor Director, Division of Water Resource Management Date: �i o V, 3> % g Date: 9 - 16 - 99 Approved as to fo and legality: Approved as to form and legality: y T DEP Attorney �i L K0U4A0t CLERIC n io - iY-99 .LQ . 2qn�y=�l DEP Contracts Admi istrator STATE OF FLORIDA DEPARTMENT OF HEALTH By: tf!s Monroe County Health Department Administrator Date: /2 3 - 9 9 Approved as to form and legality: C� DOH Attorney List of attachments/exhibits included as part of this Agreement: Type Letter Description (include number of pages) Attachment A Scope of Services (5 Pages) Attachment B Comptroller Contract Payment Requirements (1 Page) Attachment C Special Audit Requirements ( 10 Pages) Attachment D Property Reporting Form (1 Page) DEP Agreement No. SP527, Page 10 of 10 ATTACHMENT 2 cess - dohmou01021 Page 12 of 16 Attachment 2 Contract Number. qq - DP- I Q - 11- 54 - 01- Cn 1 CFDA Number: N. ilk 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 Monroe County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED'INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (a) Intent of Contract In consideration of the mutual benefits to be derived herefrom, the Department and Recipient do hereby agree as follows: 1. The Recipient shall carry out the terms and conditions set forth in this Grant Agreement and all documents and attachments named herein which are incorporated by reference. 2. The ttecipient 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: (i) Monroe County Resolution 257-1997, dated July 16, 1997, and Attachments A through D thereto; (ii) Monroe County Ordinance 03-1997, dated January 16, 1997; and (iii) 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." (b) Scope of Services 1. The Recipient shall submit deliverables as follows: (i) An interim progress report (ten copies) to be received by the Department no later than December 31, 1998, documenting the following: A. 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; B. The availability of the 5100,000. in required matching funds; and C. 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. 2. A.completion report (ten copies) to be received by the Department no later than December 31, 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. locations. (ii) Description of the on -site system replacements and upgrades and their (iii) Certification of compliance with the Department of Health/Monroe County requirements for on -site sewage treatment and disposal system replacements and upgrades. (2) METHOD OF PAYMENT (a) The Department agrees to pay the Recipient a sum not to exceed One Hundred Thousand Dollars (S 100,000). Compensation shall be provided upon execution of the contract by both parties and a request by the Recipient to release the funds. The Recipient is entitled to submit proper invoices to the Florida Department of Community Affairs, 2555 Shumard Oak Boulevard, Room 300B, Tallahassee, Florida 32399-2100. Proper invoices will be accepted by the Department when accompanied by the proper documentation. (3) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES. (a) The Recipient agrees to be bound by the following standard conditions: 1. 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. 2. If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criterial set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. 3. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 4. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. 5. 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 the Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with the Agreement. 6. 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. 7. 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 Recipeint of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. • 0 • ��►Y This Agreement shall begin upon execution by both parties and shall end December 31, 1999, unless terminated earlier in accordance with the provisions of paragraph (8) of this _ Agreement. 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 (6) RECORDKEEPING (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. 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 - Item 1 - 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. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and 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 Item 1 of this Agreement. (8) LIABILITY. (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 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. (9) 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 fiords 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 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 Budget and Scope of Work attached hereto as Item (1). (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: 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; payment; 3. Withhold or suspend payment of all or any part of a request for 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; under law; S. Exercise any other rights or remedies which may be otherwise available (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. Sto ., 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. parties. (f) This Agreement may be terminated by the written mutual consent of the (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. (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. is: (b) The name and address of the Department contract manager for this Agreement Mr. Mike McDaniel Growth Management Administrator Room 300D 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: OLVOUNUO • R. RM (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. (11) 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 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. (f) 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 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. �. soollija= (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) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Sta , and Chapter 10.550 and 10.600, Rules of the Auditor General. If the contract amount is S300,000 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 includee-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 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed 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. • aK (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) 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. Sto . 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. Sto . (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 (AINA)]. 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. (16) 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. (17) 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. (18) 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. Stat, The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorCeRecipient: M N Rcc- Cv vN� y �c� C(SEAA7T SST: DANNY L KOUiAGE, CLERK ' 8Y BY: ` DEP C Name and title: :5Hl RL--f-Y (=12Ef f11-41 :vi Aq 6e Date: > f SAMAS # STATE OF FLORIDA FID# -&e -0-e7 '7/7y DEPARTMENT OF COMMUNITY AFFAIRS Date:Name and Title: A� APPROVED AS T ORM B ROBERT N, OLF DATE Z _ ATTACHMENT 3 cess - dohmou01021 Page 13 of 16 Attachment 3 Contract Number: 00-0 P-1 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 terns 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, Recipients 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. 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) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (7) LIABILITY. (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: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise 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: I. 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 (9) herein; of this Agreement; 2. Commence an appropriate legal or equitable action to enforce performance 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; under law; S. Exercise any other rights or remedies which may be otherwise available (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 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) 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. 6 (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 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. (f) 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 rA 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 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) 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 Recipients 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 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 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 9 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 $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. 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. (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 (19) 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 terns 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. Stat. The interest penalty shall be paid within 15 days after issuing the warrant Vendors experiencing problems obtaining timely payment(s) 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 Approved as to form and legality: el BY: Shirley Fr an, Mayor ATTEST: Date: ,� L1 N I �, 7..tk'�`'� •: ; t, City Clerk t<0ff.xAI CJSPK STATE OF FLORI cr`K DEPARTMENT OF OMMUNITYAFEAIRS Approved as to form and legality: teven M. Seibert, Secretary Date: — 16 , go L 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 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 financial 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 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 cant' 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. 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 Contractors 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. 14 5. As consideration for the services to be rendered under the terns 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 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. iii. For each property location under Item i above, the identification of the brand name or manufacturer of the OWNRS fumished; 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.D 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: 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 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. The number of OSTDS eliminated and their location indicating, at a minimum, the County's Rate of Growth Ordinance (ROGO) area and a description of either the OWNRS installed or the connection to centralized wastewater transmission, treatment and disposal facilities. ii. The number and status of OSTDS for which elimination is underway. iii. The projected schedule to complete all project work under this 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 ATTACHMENT 4 cess - dohmou01021 Page 14 of 16 UUzhK b UhlUINAL Attachment 4 Contract Number.D1 -DB• llo,/1-54-D1-CC I 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 iaentmea nerem, ana noes offer to perrtorm such services, and B. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State laws, rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end May 31, 2002, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement. Page 1 of 17 (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties - hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft. (5) RECORDKEEPING (a) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 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 specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. (7) LIABILITY. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (8) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default'), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make Page 3 of 17 any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any _ — previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise 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: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (10) herein; this Agreement; 2. Commence an appropriate legal or equitable action to enforce performance of Page 4 of 17 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non. compliance or lack of performance, issuing a written 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 a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. Page 5 of 17 (9) NOTICS 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) 487-4545 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: George Garrett Director of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 (305) 289-2507 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (9)(a) above. (10) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement, and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and Page 6 of 17 void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, 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 seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (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; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Department, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by the Department as a Grant and Aid appropriation. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (11)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Attn: Ted J Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Page 8 of 17 5. in connection with the audit requirements addressed in (d) above, the Recipient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 6. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed in accordance with 216.3491, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. 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 (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (13) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (14) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (15) (c) This Agreement has the following attachments: Attachment A, Scope of Work. FUNDING/CONSIDERATION This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $887,800. Payment will be made in accordance with the provisions of Attachment A -Scope of Work. An invoice shall be submitted with each deliverable - which is in detail sufficient for a proper preaudit and postaudit thereof. (16) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: Page 10 of 17 (a) - The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("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, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: BY: 1 4 4 A_'L" 4 e'044L4. Shirley Freeman, Mayor Date: /y— t 9- U 0 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Approved as to form and legality: BY: Approved as to form and legality: J. Thomas Beck, Division Director of Community Planning Date: 12 - N -" Page 12 of 17 ATTACHMENT A Scope of Work Illegal and Severely Inadequate Onsite Sewage System Replacement Program A. The Recipient shall provide services and provide payment as described in this Scope of Work, to achieve the objectives of this Agreement in compliance with the following: 1. Rule 28-20.100 of the Florida Administrative Code, as amended. B. The Recipient shall establish the following relating to assistance to both si ngle family and mufti -family, private residential property owners in Monroe County in eliminating illegal and inadequate On -Site Treatment and Disposal Systems (OSTDS): Procedures for the selection of property owners to receive financial assistance via the Contractor under this Agreement. 2. The amount of financial assistance to be given to property owners under this Agreement, by the Contractor in eliminating illegal and inadequate OSTDS. The assistance shall be comparable with the level of financial assistance estimated, at the time of the Department's acceptance of the initial submittal under Item 6.A below, to be realized by the residents of the Little Venice area to be served by centralized wastewater transmission, treatment and disposal facilities resulting from the U.S. Environmental Protection Agency Grant C120602- 04. C. The Recipient shall implement a properly value -based sliding scale grant assistance program, using the County's funds, to supplement the assistance made available under the agreement to Monroe County private property owners for eliminating illegal and inadequate OSTDS if the County finds such additional assistance is desirable to carry out the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale grant program must emphasize assistance to financially needy households. D. The Recipient shall establish procedures for procurement of equipment, materials and services relating to elimination of illegal and inadequate OSTDS and replacement with On -site Wastewater Nutrient Removal Systems (OWNRS), the funding of which is wholly or partly provided under this Agreement. Procurement procedures shall assure that only OWNRS meeting the statutorily required treatment levels are furnished and installed using funds made available under this Agreement. The Department recognizes the Contractor's regulatory determination in the issuance of the construction permit and the issuance of the operating permit to ensure that the installed OSTDS eliminates the illegal and inadequate OSTDS. Alternatively, procurement procedures may allow for replacement of illegal and inadequate OSTDS with centralized wastewater transmission, treatment and disposal facilities. Procurement procedures shall not arbitrarily preclude any responsible firms and companies possessing the ability to successfully perform services related to elimination of illegal and inadequate OSTDS and meeting other requirements pursuant to this Agreement from providing such services. In conjunction with these procedures, a standardized subagreement or work order authorizing specific costs to be incurred by third parties and incorporating appropriate requirements set forth in this Agreement shall be developed; similarly, standardized documentation of costs incurred or invoiced by third parties shall be developed. Page 13 of 17 E. As consideration for the services to be rendered under the terms of this Agreement, the Department shall authorize disbursements as described below. 1. An amount not to exceed $624,850 shall be made available as the State's share of the eligible cost to eliminate illegal and inadequate OSTDS located on privately owned residential - properties classified as either single family or multi -family residential properties. Eligible costs include abandonment of illegal and inadequate OSTDS; furnishing and installing OWNRS, including any required disinfection facilities; providing centralized wastewater transmission, treatment and disposal facilities; and required technical services excepting those required to be performed by a governmental entity (e.g., Florida Department of Health's permitting activities). Reimbursement for the purchase of equipment and materials for the furnishing and installing of OWNRS on private property is specifically authorized. Such equipment and materials may be retained by property owners provided the equipment is to be properly operated and maintained. The Recipient shall retain the documentation listed below for each illegal and inadequate OSTDS eliminated using funds made available under this agreement. Identification of each property location, including the individual area designated in the County's Rate of Growth Ordinance, at which an illegal and inadequate OSTDS was eliminated. ii. Description of each OWNRS or the connection to centralized wastewater transmission, treatment and disposal facilities provided as part of the illegal and inadequate OSTDS elimination. iii. For each property location under Item i above, the identification of the brand name or manufacturer of the OWNRS furnished; the name of the contractor that installed the OWNRS or that made the connection to centralized wastewater transmission, treatment and disposal facilities; and the engineer responsible for preparation of construction drawings and specifications. iv. Certification by the appropriate permitting authority that the OWNRS is designed to meet the required treatment levels was furnished, and was installed and made operational or that the connection to centralized wastewater transmission, treatment and disposal facilities was made. V. Identification of the total cost of each operational OWNRS or connection to centralized wastewater transmission, treatment and disposal facilities; the share due under this agreement; the share of the cost paid from the County funds (if any); and the local resident's share. vi. Certification of no double benefits (i.e., no part of the costs invoiced for disbursement by the Department under this agreement has been or will be requested to be paid, reimbursed, or otherwise funded by another agency). vii. Certification that the initial report under Item 6.A below and all quarterly reports due under Items 6.0 and 6.D below have been submitted to the Department. viii. Certification by the owner of the property on which an OWNRS was installed that the OWNRS will be properly operated and maintained on a continuing basis. Page 14 of 17 2. The Recipient shall not use State funds made available under this agreement for direct salaries and multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for its employees or for any of its employees' travel expenses. No funds made available under this agreement shall be used for contract management expenses that may be incurred by the Recipient or Florida Department of Health. F. The Recipient shall submit, or cause to be submitted the following deliverables to the Department. The Department shall have twenty (20) days to review and accept reports or return reports to the Contractor or County, as appropriate, for correction. The deliverables are as follows: The Department shall pay $624,850 to the Recipient following the Department's receipt, review, and acceptance of the Memorandum of Understanding between the Florida Department of Health, Monroe County Health Department and the County to implement a Homeowners Assistance Program that is revised to reflect the additional funding in this contract received no later than January 15, 2001. 2. Progress reports from the Recipient for the calendar year quarterly periods ending September 30, December 31, March 31, and June 30 of each year beginning January 1, 2000, and continuing throughout the remainder of the period during which this Agreement is in effect. Progress reports shall be submitted to the Department within twenty (20) days after the end of each quarter and shall contain the following information relating to the elimination of illegal and inadequate OSTDS. The number of OSTDS eliminated and their location indicating, at a minimum, the County's Rate of Growth Ordinance (ROGO) area and a description of either the OWNRS installed or the connection to centralized wastewater transmission, treatment and disposal facilities. ii. The number and status of OSTDS for which elimination is underway. iii. The projected schedule to complete all project work under this 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 The Recipient shall prepare a comprehensive master plan (hereinafter called "Canal Study") for improving water quality in residential canals to fulfill the requirements of Objectives 202.14 and- 202.15 of the Monroe County Year 2010 Comprehensive Plan. 2. The Recipient shall submit, or cause to have submitted to the Department the deliverables in 3. to the Department The Department shall have twenty (20) days to review and accept reports or return report to the County for correction. 3. The Department shall pay a total amount not to exceed $175,000 in accordance with schedule of deliverables and disbursements as specified below: A. The Recipient shall submit by no later than November 10, 2000, to the Department for its review and approval, a draft Request for Proposal package for soliciting consultant responses to prepare the Canal Study. B. The Recipient shall submit by no later than January 15, 2001, to the Department for its review and approval, a draft copy of the work scope for services to be performed to prepare the Canal Study and its estimated costs. C. If the Department approves the Scope of Work and its estimated costs the Department shall pay the Recipient up to $175,000 upon its receipt of the executed contract to prepare the Canal Study between the Recipient and its consultant which shall be submitted no later than May 31, 2001. D. The Recipient shall submit a final draft Canal Study by no later than March 15, 2002, to the Department for its review, comment, and approval. E. The Recipient shall submit to the Department a final Canal Study by no later than thirty (30) days after receiving the Department's written comments. F. The Recipient shall prepare progress reports for quarterly periods ending March 31, June 30, September 30, and December 31 of each year beginning January 1, 2001 and continuing throughout the remainder of the period during which this Agreement is in effect. Progress reports shall be submitted to the Department within twenty (20) days after the end of each quarter and shall contain information on work completed during the quarter, consultant invoices and reports, work expected to be completed in next quarter, and identify any unanticipated problems or delays in completing the project on schedule and within budget G. The Recipient shall submit a completion report (ten copies) to the Department no later than May 31, 2002, summarizing the quarterly reports prepared. Page 16 of 17 POST -DISASTER REDEVELOPMENT PLAN The Recipient shall prepare a Post -Disaster Redevelopment Plan to fulfill the requirements of Objective 217.2 of the Monroe County Year 2010 Comprehensive Plan. 2. The Recipient shall submit, or cause to have submitted to the Department the deliverables in 3. to the Department. The Department shall have twenty (20) days to review and accept reports or return report to the County for correction. 3. The Department shall pay a total amount not to exceed $87,950 in accordance with schedule of deliverables and disbursements as specified below: A. The Recipient shall submit by no later than November 30, 2000, to the Department for its review and approval, a draft Request for Proposal package for soliciting consultant responses to prepare the Post -Disaster Redevelopment Plan. B. The Recipient shall submit by no later than February 29, 2001, to the Department for its review and approval, a draft copy of the work scope for services to be performed to prepare the Post - Disaster Redevelopment Plan and its estimated costs. C. If the Department approves the Scope of Work and its estimated costs the Department shall pay the Recipient up to $87,950 upon its receipt of the executed contract to prepare the Post -Disaster Redevelopment Plan between the Recipient and its consultant which shall be submitted no later than May 31, 2001. H. The Recipient shall submit a final draft Post -Disaster Redevelopment Plan by no later than December 31, 2001, to the Department for its review, comment, and approval. The Recipient shall submit to the Department a final Post -Disaster Redevelopment Plan by no later than thirty (30) days after receiving the Department's written comments. J. The Recipient shall prepare progress reports for quarterly periods ending March 31, June 30, September 30, and December 31 of each year beginning January 1, 2001 and continuing throughout the remainder of the period during which this Agreement is in effect. Progress reports shall be submitted to the Department within twenty (20) days after the end of each quarter and shall contain information on work completed during the quarter, consultant invoices and reports, work expected to be completed in next quarter, and identify any unanticipated problems or delays in completing the project on schedule and within budget. K. The Recipient shall submit a completion report (ten copies) to the Department by no later than March 31, 2002, summarizing the quarterly reports prepared. Page 17 of 17 ATTACHMENT 5 Grant Assistance Levels — Sliding Scale Property Value Based Program Improved Property Value State Subsidy County Subsidy Total Percent of Cost < $100,000 $8,400 3,000 $11,400 84 $100,000 - $200,000 $8,400 $1,000 $9,400 70 > $200,000 $8,400 $0 $81,400 62 Grant Assistance Levels — Income Based Program 1. Under the income -based program, the share shall be calculated as eighty-four percent (84%) of construction cost. Income shall be based on Median Income for Monroe County as validated by Gross Adjusted Income provided in IRS Form 1040 (or equivalent). 2. Homeowner must be able to demonstrate an household income of $49,300 or less, which is the median income for Monroe County. 3. Homeowner must provide IRS Form 1040 (or equivalent). 4. Income Based Program will be based on Gross Adjusted Household Income. Estimated Total Cost of Construction Construction Cost: $11,500 Engineering Fees: $ 1,500 Removal of Cesspool: $ 500 Total Cost $13,500 cess - dohmou01021 Page 15 of 16 ATTACHMENT 6 SUBSIDY GUIDELINES FOR SHARED SYSTEMS I. The total eligible project construction costs shall be divided by the number of on -site systems to be replaced to determine the per unit cost allocation 2. The owners of unknown systems to be replaced with a shared system that have received an official notification letter from the Monroe County Health Department in accordance with Section III B. 6. c.) shall be provided grant assistance in accordance with Attachment 5, and Section III B. 6. e.), based upon the per unit cost allocation in Point 1. 3. The owners of property with permitted systems that are not in compliance with current on -site wastewater treatment standards shall be provided grant assistance in accordance with Attachment 5, and Section III B. 6. e.), based upon the per unit cost allocation in Point 1. This entire grant assistance shall be paid entirely from County grant funds. cess - dohmou01021 Page 16 of 16