1st Amendment 04/16/2003
Clerk 01 The
Circul coun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnranlium
To:
Tim McGarry,
Growth Management Director
From:
Colleen Gardner
Isabel C. DeSantis, . L
Deputy Clerk ,JP
Attn:
Date:
Tuesday, May 06, 2003
At the BOCC meeting of Apri116, 2003, the Board approved the following:
State Financial Assistance Agreement, DEP Agreement No. LP0337 Amendment
NO.1 between Monroe County and the Department of Environmental Protection
providing for wastewater funds under Specific Appropriation 1765A of the 2002-2003
State budget.
Enclosed please a fully executed duplicate original of the subject document for
your handling. Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: County Attorney
Finance
File ~
....f-
ST ATE FINANCIAL ASSISTANCE AGREEMli;NT
MONROE COUNTY
DEP AGREEMENT NO. LP0337
AMENDMENT NO.1
STATE OF FLORIDA GRANT ASSISTANCE
PURSUANT TO SPECIFIC APPROPRIATION 1765A OF mE 2002 - 2003 GENERAL
APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA)
This Amendment No, I is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (hereinafter referred to as "Department") and MONROE
COUNTY (hereinafter referred to as ~'Grantee" or "Recipient" or "Contractor"), the address for
which is Gato Building, 1100 Simonton Street, Key West, Florida 33040, existing as a local
government agency under the laws of the State of Florida.
WHEREAS, the Department and the Recipient entered into a Grant Agreement providing
for amendment upon completion of certain Project Work and such activity for the North Key
Largo Utility Corporation has been completed satisfactorily; and
WHEREAS, the Recipient is entitled to grant funds in the amount of$987,586 for North
Key Largo Utility Corporation Project Work,
THEREFORE, in consideration of the mutual benefits to be derived herefrom, the
Department and the Recipient do hereby agree as follows:
1. The Grantee shall perform in accordance with the terms and conditions set forth in the
original Agreement and this Amendment, and all attachments and exhibits named which
are attached thereto or hereto, respectively, and incorporated by reference, The attached
Attaehmeat A - Revised (project Work Plan) supersedes the version of Attaehmeat A
incorporated into the original Agreement. There is no change to Attaehmeat B as
originally issued,
2, The Grantee shall not subcontract, assign, or transfer any construction services or
equipment/material procurement work to be funded under this Agreement as amended
without the prior written consent of the Department's Grant Manager, The Department
specifically consents to subcontracting with North Key Largo Utility Corporation and
associated lower tier subcontractors including United Engineering Corporation, Boyle
Engineering Corporation, Florida Keys Aqueduct Authority, and William Stephenson,
P ,E, The Grantee agrees to be responsible for the fuJfilIment of all work elements
included in any subcontract and agrees to be responsible for the payment of all monies due
under any subcontract. It is understood and agreed by the Grantee that the Department
shall not be liable to any subcontractor for any expenses or liabilities incurred, and that the
Grantee shall be solely liable to any subcontractor for all expenses and liabilities incurred
under the subcontract.
3, Grant funds shall be disbursed to the Recipient on a cost reimbursement basis no more
frequently than monthly for all eligible project costs upon receipt and acceptance by the
Department of properly completed Disbursement Request Forms (provided as
Attachment C), Documentation shall be provided establishing that a Professional
Engineer was responsible for overseeing construction. The Grantee shall maintain records
of sufficiently itemized invoices for the materials, labor, or services to identify the nature
of the work performed; the cost or charges for such work; and the person or entity
providing the service or performing the work.
IN WITNESS WHEREOF, the parties have caused this Amendment No, I to be duly
executed, the day and year last written below.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
"t)ju >n ~~
Mayor/Chairperson
By:
~
Director, Division of Water
Resource Management
Date:
OY"-/6-0J
Date:
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List ofattachmentslexlnbits included as part of this amended Agreement:
Specify Type
Letter/
Number
A-Revised
B
C
Description (include number of pages)
Attachment
Attachment
Attachment
Project Work Plan (l Page)
Audit Requirements (5 Pages)
Disbursement Request Forms (3 pages)
2
ATTACHMENT A - REVISED
MONROE COUNTY
North Key Largo Utility Corporation Wastewater Management System
A. PROJECT BUDGET INFORMATION
PROJECT BUDGET
Category of Expenditure DEP Funds Other Funds Total Funding
FY 02/03 FY 03/04 FY 04/05
Design $ 0 $ 0 $ 0 $ 190,547 $ 190,547
Construction $ 987,586 $ 0 $ 0 $ 1,906,914 $ 2,894,500
Tech, Services during $ 0 $ 0 $ 0 $ 71,926 $ 71,926
Construction
Other $ 0 $ 0 $ 0 $ $
TOTAL $ 987,586 $ 0 $ 0 $ 2,169,387 $ 3,156,973
B. SCOPE OF PROJECT WORK:
A vacuum station and vacuum sewer extensions are to be constructed for the North Key Largo
Utility Corporation, The facilities to be constructed will provide for decommissioning existing
individual on-site wastewater treatment and disposal systems, Wastewater treatment and disposal
will be provided at the existing facility serving the Utility,
C. PROJECT SCHEDULE - Submit all disbursement requests no later than May 15,2003,
DEP Agreement LP0337, Attachment A - Revised, Page I of I
ATTACHMENT C
Disbursement Request Forms - Disbursement Details
I. GranteelRecipient
Project Number
LP0337
Date of Request
Required Match %
Final 0
2.
3.
4.
5.
6.
Disbursement Request Number
Type of Request: Partial 0
Federal Employer Identification Number
Mail 0 EFT 0 Send Remittance to:
NONE
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
1. Construction $
2. Technical Services during Construction $ NONE INCLUDED
3. Total Cummulative to Date $
4. Disbursements Previously Requested $
5. Amount Requested for Disbursement $
(Line 3 minus Line 4)
** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO:
**
Florida Department of Environmental Protection
Bureau of Water Facilities Funding MS 3505
2600 Blair Stone Road
TaUahassee, Florida 31399-2400
DEP Agreement No. LP0337, Attachment C, Page I on
ATTACHMENTC
Disbursement Request Forms -Grant Manager's Certification
I,
on behalf of
(name of Grant Manager designated in the Agreement)
, do hereby certify that:
(name of GranteelRecipient)
1. The disbursement amount requested on page 1 of this form is for allowable costs for the Project described in the
Agreement.
2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been
satisfilctorily purchased, performed or received, and applied toward completing the project; such costs are
documented by invoices or other appropriate documentation which are filed in the Grantee's pennanent records,
3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the Project,
and the Grantee is in compliance with all terms or provisions of the contracts.
4. All fimds received to date under the Agreement have been applied toward completing the project.
5. All permits and approvals required for the construction have been obtained.
6. Any changes in State or Fedetal fimding (since the effective date of the Agreement) have been identified in writing
to the Department or are identified on the attachment hereto. (Attachment included: Yes 0 No 0)
( Signature of Grant Manager)
(Date)
.. SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO:
..
Florida Department of Environmental Protection
BUre8u of Water FacUlties FlIIlding MS 3~5
1600 Blair Stone Road
T....bassee. Florida 31399-1400
DEP Agreement No. LP0337, Attachment C, Page 200
ATTACHMENTC
Disbursement Request Forms - Engineer's Certification
I.
. being the Professional Engineer retained by
(name of Professional Engineer)
, am responsible for overseeing construction of the
(name ofOranteelRecipient)
project described in the Agreement and do hereby certify that:
1. Equipment, materials, labor. and seMces represented by the construction invoirel have been satis&.ctorily purchased
or received and applied to the project in accordance with construction contract documents submitted to the
Department of Environmental Protection's Bureau of Water Facilities Funding;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision was provided;
4. Construction was in compliance with the contract documents;
S. All changes. additions. or deletions to the construction contract(s) have been documented by change order; and
6. All additions or deletions to the Project which have altered the performance standards, scope. or purpose have been
identified in writing to the Department or are identified on the attachment hereto. (Attachment included: Yes 0
No 0)
Signature ofProkssional Engineer
Firm or Affiliation
(Date)
(p.E. Number)
.. SUBMIT ONE ORIGINAL COpy OF THIS FORM AND SUPPORTING DOCUMENTATION TO:
**
Florida Department of Environmental Proteetioa
Bureau of Water Facilities Funding MS 3505
2680 Blair Stone Road
T.IIa~ Florida 32399.2408
DEP Agreement No. LP0337. Attachment C, Page 3 of3