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08/17/2000 CLERK'S ORIGINAL MEMORANDUM OF UNDERSTANDING NO. DOH 01-1999, AS AMENDED, 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 (MOU) 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. 1. PURPOSE The purpose of this MOU is to outline the shared responsibilities of the Monroe County Board of Commissioners (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 ot~r ~wJr:! . :2::J> r- on-SIte wastewater systems. ;lJn~::; g fTl gc~? ..... 0 ~" ' -r'l no r- an. \D 0 c: ::u A ;..tl :z . ,:;) :Do ::0 :2 n r:: :a: r11 On 15 April 1993, the Board of County Commissioners adoptF.d '!is ~l~ Comprehensive Plan as required under Chapters 163 and 380 of,/1:he'FIg:idS 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 the June of 1999. II. BACKGROUND The seven-year work program and Comprehensive Plan policies require that the County cause cesspools and unknown systems to be replaced with permitted On- site Wastewater Nutrient Reduction Systems (OWNRS) in areas which are not identified for central sewer service systems (referred to as "Cold Spots"). This program has been re-codified recently in Ordinance 031-1999 (revising Chapter 15.5, Monroe County Code), known as the Cesspool Identification and W: revised dohcesspoolmou 080300 Page 1 of9 Elimination Ordinance. 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 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 $2.65 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, which 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 agreed to provide up to $600,750 in funding to the grant assistance program. These funds are expected to be granted to eligible property owners in accordance with FDEP 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 at least $959,000 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. W: revised dohcesspoolmou 080300 Page 2 of9 The MCHD through FDEP Contract SP527, has agreed to administer the Homeowners Wastewater System Assistance Program (HWSAP) using State and County grant funds for ten (10) percent of the grant funds to be applied under the grant assistance program. At its October 14, 1999, regular meeting, the BOCC preliminarily approved providing the MCHD with up to $240,975 (10 percent of grant funds) from infrastructure tax and County Growth Management Division (GMD) funds to assist in funding the administrative requirements of the 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. This amended DOH 01-1999 MOU incorporates both Amendments and corrects certain scrivener errors made in the amendment process. 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 constitute 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. W: revised dohcesspoolmou 080300 Page 3 of9 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 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 "CIEA." 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 contract SP527 and this Agreement. b.) The County shall assist MCHD in completing an initial report to FDEP as required in Attachment A, Section 6.A. of FDEP Contract SP527. This effort will be completed on or before the end of December 1999. The County shall assist in the development of policies and W: revised dohcesspoolmou 080300 Page 4 of9 procedures for the selection of eligible grant recipients and in the development of procurement procedures for the acquisition of contractors and materials. c.) 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 quarterly reports shall outline the grant assistance program's administrative activities and expenditures for the reporting period. 2. County and State Funding Sources 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 4. f.). b.) Monroe County shall make available to MCHD up to $250,066, $200,000 from Fund 148, Account 51000-530340, 2010 Comprehensive Plan and $50,066 from the one-cent infrastructure sales tax (Fund 304) for funding the administrative costs of this program. c.) The non-County funding sources for replacement of unknown and inadequate on-site waste treatment and disposal systems are as follows: FDEP- $850,000; and FDCA-$700,750. 3. Administrative Funds a.) During 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 W: revised dohcesspoolmou 080300 Page 5 of9 funds to MCHD for administration of the cesspool replacement grant assistance program. b.) Within 30 days of the execution of this agreement, the County shall provide $180,900 in a lump sum amount to MCHD; an amount equaling ten percent (10%) of the current available grant funds ($959,000 - County; and, $850,000 - FDEP) for replacement of cesspools and inadequate unknown systems. c.) When FDCA grant funds become available, the County shall provide MCHD within 60 days of the executed contract with FDCA, a lump sum amount, not to exceed $70,075, equal to 10 percent of the grant funds provided by FDCA for the replacement of cesspools and inadequate unknown systems. d.) As additional funds become available to be used in the grant assistance program, the County will make additional funds available to MCHD for program administration and replacement of cesspools and inadequate unknown systems through amendments to this Agreement. 4. Homeowners Wastewater System Assistance Program (HWSAP) a.) The MCHD shall administer a sliding scale, improved property value 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. 4. 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. 4. f.), W: revised dohcesspoolmou 080300 Page 6 of9 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. 4. 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 2 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. 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. 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. 4. c.), shall be eligible for the grant assistance program. The grant to be provided to each property owner shall be in accordance with Attachment 3. 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. W: revised dohcesspoolmou 080300 Page 7 of9 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. 5. Incorporation of Amendments a.) This Agreement replaces the original Memorandum of Understanding, dated December 15, 1999 by incorporating Amendments No. 1 and No.2. 6. 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 modified in writing between the two parties; or terminated as provided in Section III 5. b.) below; or, unless the FDEP Contract SP 527 is 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. 7. 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. W: revised dohcesspoolmou 080300 Page 8 of9 THE PARTIES, by their duly authorized undersigned representatives have executed this Agreement on the dates and year below written. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA 11/- t ._P;. a ~. -.. \ ...... LA ,it [.{.l . J /t.{,g"r,.''1~"..... BY' L.;)J ~ 1,- e. ... (,.' "'" . MA tbR/CHAIR PERSON DATE: 0 ~- 11- 00 A L. KOLHAGE, CLERK BY: J6Q 1.'"'} c.. ~~ DEPUTY CLE HEAL TH, HDEPARTMENT DATE: -30- (Co -00 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: COUNTY ATTORNEY W: revised dohcesspoolmou 080300 Page 9 of9 Attachment 1 FDEP Contract SP 527 (!.L l?ll/C ".f O~ I G-IAl,4/... Q,EP AGREEMENT NO. SP527 STATE OF FLORIDA ASSISTANCE ~ c :8 .." PURSUANT TO LINE ITEM 1360A OF THE 1998 - 99 APPROPRIATI~~ ::;; Or-Z <: 0 rr1;;::1::-< n" r - -r, 0("). C) 0 T.HIS AGREEMENT is entered into between the STATE OF FlORIDA~. .~V'tReMMEN"f~.lflROT'EeT'i0N-rwhose address is 3900 'Commonwfiilttb}3oCfevm, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") an<ph~:r~E iF FLORIDA DEPARTMENT OF HEALTH'; whose address is Post Office Box 6ft93';'l<e;iw~, 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. ~isbursements 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.B. 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.B. 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 anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone 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 16.8 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 case 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 carry 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 ENVI~O~MENTAL PRO. TECTION By\,').~~.LO ~~C... "'YY: L A..J Mayor Director, Division of Water Resource Management Date: M 0 x/, ~ I J c; 9 } Approved as to for and legality: Date: 9-/?;-'lq Approved as to form and legality: ~ ~~.... .t, "'" - DEP Attomey ~~. STATE OF FLORIDA DEPARTMENT OF HEALTH By: ~ ~/a2/1 Monroe County Health . Department Administrator Date: 12 - ~ - 9 <t Approved as to form and legality: DOH Attorney List of attachments/exhibits included as part of this Agreement: Type Attachment Attachment Attachment Attachment letter A B C D Description (include number of pages) Scope of Services (5 Pages) Comptroller Contract Payment Requirements (1 Page) Special Audit Requirements ( 10 Pages) Property Reporting Form (1 Page) DEP Agreement No. SP527, Page 10 of 10 Attachment 2 Sliding Scale Homeowners Wastewater Assistance Program Grant Assistance Levels Improved Property Value State Subsidy County Subsidy Total Percent of Cost ~$100,000 $8,400 $3,000 $11,440 84 $100,000 - $200,000 $8,400 $1,000 $9,400 70 > $200,000 $8,400 $0 $8,400 62 Estimated Total Cost of Construction Construction Cost: Engineering Fees: Removal of Cesspool: $11,500 $ 1,500 $ 500 $13,500 Total Cost Attachment 3 SUBSIDY GUIDELINES FOR SHARED SYSTEMS 1. 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. 4. c.) shall be provided grant assistance in accordance with Attachment 2, "Sliding Scale Homeowners Wastewater System Assistance Program," and Section III B. 4. 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 2, "Sliding Scale Homeowners Wastewater Assistance Program," and Section III B. 4. e.), based upon the per unit cost allocation in Point 1. This entire grant assistance shall be paid entirely from County funds.