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11/10/1999 c / e.. r k 's 0 r 'J ,'" a / I , tiLED FOR RECORD 99 Dle;8 AHI8i II DANNY L. t~OLHAGE HONN6rc5~T~.FlA. DEP Contract No. WM739 AGREEMENT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is the Marathon Government Center, Suite 240, 2798 Overseas Highway, Marathon, Florida 33050 (hereinafter referred to as the "Contractor"), a governmental entity, to oversee and coordinate the completion of a stormwater master plan. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: 1. The Department does hereby retain the Contractor to oversee and coordinate the completion of a stormwater master plan in accordance with Attachment A, Scope of Services, attached hereto and made a part hereof. The Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all such equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the Contractor. 3. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. 4. As consideration for the services rendered by the Contractor under the terms of this Agreement, the Department shall pay the Contractor on a cost reimbursement basis for subcontracted services as outlined in Attachment A. Maximum compensation under this Agreement shall not exceed $400,000.00. The Contractor shall be responsible for providing the additional $348,853 necessary to complete this project. The State Comptroller requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Comptroller's Contract Payment Requirements, (attached hereto and made a part hereof as Attachment B), the CONTRACTOR shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows: 1. Salaries/Wages - The Contractor shall not be reimbursed for direct salaries and multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for Contractor's employees. 11. Contractual - (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Contractor. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceed the rates supported by audit, the Contractor shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. 111. Equipment - (Capital outlay over $1,000 in value) - The purchase of non-expendable equipment is not authorized under the terms of this Agreement. DEP Contract No. WM739, Page 1 of 6 , , iv. Travel - Travel expenses and per diem must be documented by a State of Florida Travel Voucher with appropriate receipts. Reimbursement will be made in accordance with Section 112.061, Florida Statutes. 5. The Contractor shall submit invoices on a quarterly basis. Each invoice shall be submitted in conjunction with a progress report as specified in Paragraph 6. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. A fmal invoice must be submitted no later than seventeen (17) months after the execution of this Agreement, to assure the availability of funding for final payment. 6. The Contractor shall submit progress reports in conjunction with invoices. Each report shall outline the work performed during the reporting period and any schedule updates. The Contractor shall also submit the reports/deliverables specified in Attachment C in accordance with the schedule therein. 7. This Agreement shall begin upon execution by both parties and end sixteen (16) months after the date of execution, inclusive. This Agreement may be renewed up to two additional one-year periods. Renewal of this Agreement shall be in writing and subject to the same terms and conditions of this Agreement. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. 8. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 9. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, 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. 10. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, 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 10.0% 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. 11. 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 constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 12. The Department may terminate this Agreement at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. The Department may terminate this Agreement without cause and for its convenience by giving thirty (30) calendar days written notice to the Contractor. DEP Contract No. WM739, Page 2 of 6 Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 13. 13. Any and all notices shall be delivered to the parties at the following addresses: Contractor Mr. George Garrett Monroe County Board of County Commissioners Marathon Government Center Suite 240 2798 Overseas Highway Marathon, Florida 33050 Department Mr. Eric Livingston Florida Department of Environmental Protection StormwaterlNPS Management Section (MS#3570) 2600 Blair Stone Road Tallahassee, FL 32399-2400 14. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the Department for refusal by the Contractor 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 in conjunction with this Agreement. 15. The Department's Contract Manager is Mr. Eric Livingston, Telephone Number (850) 921-9915. The Contractor's Contract Manager is Mr. George Garrett, Telephone Number (305) 289-2507. All matters shall be directed to the Contract Managers for appropriate action or disposition. 16. The Department may at any time, by written order designated to be a change order, make any change in 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 mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 17. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Agreement. 18. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 19. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 21. The Contractor 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 years following Agreement completion. In the event any work is DEP Contract No. WM739, Page 3 of 6 subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 22. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 23. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 24. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 25. No person, on the grounds ofrace, creed, color, national origin, age, sex, or disability, shall be excluded from participation in or be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. 26. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 27. The Contractor is authorized to subcontract to Camp Dresser & McKee, Inc. The Contractor shall not subcontract, assign, or transfer any other work under this Agreement without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 28. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor 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. 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 the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 29. The Contractor, as an independent contractor and not as an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under an Agreement 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 of36 months from the date of being placed on the convicted vendor list. 31. In accordance with Section 216.347, Florida Statutes, the Contractor is hereby prohibited from using funds provided by this Agreement for the purpose oflobbying the Legislature, the judicial branch, or a state agency. DEP Contract No. WM739, Page 4 of 6 32. In addition to the provisions contained in Paragraph 21 above, the Contractor shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements. A copy of Attachment D, Exhibit-I, must be provided to the Contractor with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Contractor in complying with the requirements of Attachment D. If the Contractor fails to receive a copy of Attachment D, Exhibit-I, the Contractor shall notify the Department's Contracts Administrator at (850) 922- 5942 to request a copy of the updated information. 33. This Agreement represents the entire agreement of the parties. Any alterations, vanatlOns, 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 PAGE lNTENTlONALL Y LEFT BLANK DEP Contract No. WM739, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the day and year last written below. MONROE COUNTY BOARD OF CO~CO':MISSIO;r~ By ~ (Contractor's A thonzed Stgnatory*) ~fl ~1-~~ pe.f€: MAN nt Signatory's ame and Title) Date: APPROVED A ,:EGAL tJF~~/;~~~ 8 R DATE~ STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ~fL.; By: Director, Division of Water Resource Management or designee Date: 10 --.J-- q9 "10. ~ ~ DEP Contrac Mager ClrJ,(]J~€ DEP Contracts Administrator Approved as to form and legality: ~;:~;- t, ~ *For contracts with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Contractor must accompany the Agreement. List of attachments included as part of this Agreement: Specify IYI!L Letter/ Number Description (include number of pages) Attachment Attachment Attachment Attachment A B C D Scope of Services (16 Pages) Comptroller's Contract Payment Requirements (1 Page) Schedule of Deliver abies (1 Page) Special Audit Requirements (10 Pages) DEP Contract No. WM739, Page 6 of 6 ATTACHMENT A SCOPE OF SERVICES MONROE COUNTY STORMW ATER MANAGEMENT MASTER PLAN (SMMP) Notwithstanding the following Scope of Services, the Contractor (COUNTY) agrees to be responsible for fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any subcontract. The COUNTY will provide the Department (DEP) with copies of all reports, correspondence and records of any activities that are generated during this Agreement. It is understood and agreed that the DEP shall not pay for any services rendered prior to execution of this Agreement. Momoe County, Florida (COUNTY) is required by the adopted Year 2010 Comprehensive Plan (Comp Plan) to prepare a Stormwater Management Master Plan (SMMP) which will assess the adequacy of existing systems, prioritize stormwater management needs for each island, identify regulations and policy needs, and develop a plan to finance the construction, operation and maintenance of required facilities. To this end, the COUNTY has employed Camp Dresser & McKee Inc. (CONSULTANT) to complete the SMMP. The basic elements of the SMMP include: InformationlData Gathering and Assessment; Objectives and Standards Setting; Management Strategies and Alternatives; Recommended Programs; and Public Interaction. The geographic area of this project consists of the islands (also referred to as the Keys) in the COUNTY, which are traversed by US Highway 1, or are connected via a bridge to one of these islands. Task I of the scope of services includes data collection within the incorporated areas (i.e., Key West, Key Colony Beach, Layton and Islamorada); referred to as CITIES. Separate scopes of services and associated fees provide master planning services for the CITIES related to the other tasks. At the COUNTY'S option, the CONSULTANT may provide supplemental or expanded services related to stormwater management services such as detailed modeling (see Optional Tasks below), public awareness, legal services, permitting, design, and services during bidding and construction for the programmed improvements. Provided below are the BASIC SERVICES to be provided by the CONSULTANT. Unless otherwise stated, the CONSULTANT will provide draft and final reports prepared for the SMMP in both paper and electronic formats, excluding material that is available only as a photocopy. Task I Information and Data Compilation and Assessment The CONSULTANT will compile existing data, reports and information from the following sources as applicable to this scope of services. DEP Contract No. WM739, Attachment A, Page 1 of 16 From the COUNTY: . Monroe County 2010 Comprehensive Plan; . Monroe County Sanitary Wastewater Master Plan; . Water Quality Protection Program Phases I, II, and III documents; . Final Water Quality Protection Program Document; . Marathon Wastewater Facilities Plan and supporting documents; . Florida Keys National Marine Sanctuary's Management Plan; and, . Any other pertinent data associated with the SMMP. From other sources: . City of Key West Stormwater Runoff Study; . Key Colony Beach Stormwater Management Master Plan; and, . Pertinent documents from other agencies such as Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), South Florida Water Management District (SFWMD), US Fish and Wildlife Service, US Environmental Protection Agency (US EP A), US Army Corps of Engineers (USCOE), National Oceanic and Atmospheric Administration (NOAA), US Park Service, US Geological Service (USGS), National Weather Service, Florida Marine Research Institute (FMRI) and the Florida Keys National Marine Sanctuary. Other data and reports as available from the members of the Stormwater Technical Advisory Committee will also be compiled and assessed for relevance to the COUNTY SMMP. Data to be collected are defined in the following subtasks. Subtask I-A Natural Setting, Population and Land Uses 1. The CONSULTANT will gather and assess available existing data related to stormwater management on the islands of the Keys. The CONSULTANT will obtain available stormwater management information from existing sources in the following areas: population statistics, near-shore marine information (currents, circulation, biology, etc.), existing maps and studies, existing and future land uses (built-out and redeveloped), rainfall data, hydrogeology, historical complaints from the public, known/observed problem areas (both nuisance flooding and water quality), available records of high water marks, flooding and canal water levels, as-built construction documents, design drawings, stormwater management studies, permits, survey information, Federal Emergency Management Agency (FEMA) Flood Insurance Study (PIS) and Flood Insurance Rate Maps (FIRMs), water quality data and other data available to the COUNTY. Where available from the COUNTY and/or SFWMD, the CONSULTANT will also obtain digital geographic information system (GIS) coverages (digital files and maps) of topography, soils, land uses, and other pertinent information. DEP Contract No. WM739, Attachment A, Page 2 of 16 2. The CONSULTANT will use the National Oceanic and Atmospheric Administration (NOAA), US Coast Guard, and other COUNTY sources for information on local tides, currents, and bathymetry. 3. The CONSULTANT will collect available groundwater information to help quantify stormwater infiltration. The CONSULTANT will provide to the COUNTY and T AC twenty- five (25) copies of tables and maps compiled as part of the first three elements of this subtask, as well as a listing of data sources. 4. Using available maps, the CONSULTANT will identify, delineate, and refine hydrologic units (drainage basins and patterns) and serious problem areas (water quality impairment and flooding of homes and buildings which occur during small storm events). The COUNTY GIS will be used wherever possible. The COUNTY and CONSULTANT will mutually agree on the base map coverages used for hardcopy submittals of mapped information. 5. The CONSULTANT will evaluate geographical and seasonal rainfall patterns as well as inter-event information. 6. The CONSULTANT will use available data for soils data including percentages of NRCS Soil Groups A, B, C, and D by hydrologic unit, as well as infiltration rates and total soil storage values based upon groundwater levels and local soils data. This will be coupled with the evaluation of island hydrogeology. 7. The CONSULTANT will use the population data and statistics provided by the COUNTY. The CONSULTANT will not provide additional analysis of these data. 8. The CONSULTANT will catalog the present and future land use data from the COUNTY Comp Plan into 10 to 12 classifications based on hydrologic similarity (i.e., anticipated runoff quantity and quality). These land use categories may include residential, commercial, industrial, airports, marinas and related development, roads and bridges, conservation lands (existing and proposed), undeveloped land, wetlands, water bodies, and development restrictions. The COUNTY will provide future land use (Year 2010 and built out). The CONSULTANT will add existing areas of unstabilized and unpaved land use adjacent to bridges. 9. The CONSULTANT will provide twenty-five (25) copies of a Data Needs Assessment Technical Memorandum summarizing the data sources, types, and reports along with a summary of data generated during the review and data still needed for subsequent tasks. This will include data discussed previously as well as problem areas, environmental constraints, and GIS coverages. The CONSULTANT will also develop an Action Plan Section of the memorandum to obtain the needed data. The CONSULTANT will meet with the COUNTY staff to discuss the results ofthe Data Needs Assessment Technical Memorandum. DEP Contract No. WM739, Attachment A, Page 3 of 16 Subtask I-B Pol/utant Load Targets and Analysis The CONSULTANT will use the Watershed Management Model (WMM) to evaluate relative annual and seasonal (wet and dry) stormwater-related pollutant loads to receiving waters. WMM will be used to conceptually evaluate and screen the changes due to land use, septic tanks and BMPs based upon available data. The CONSULTANT will identify potential "hot spots" for stormwater pollutant loading, and, where necessary or deemed productive, will identify areas where more detailed pollutant modeling might be needed. This task will be accomplished as follows: 1. The CONSULTANT will tabulate available data for existing stormwater BMPs, discharge data on major wastewater treatment plants, and available data for septic tanks (e.g., spatial location, sewer service areas, septic failure rates, and septic tank maintenance records). To compare stormwater loading to wastewater loading, the CONSULTANT will use COUNTY provided information from the Sanitary Wastewater Master Plan for onsite wastewater systems. To the extent practicable, the basin boundaries for the WMM loading calculations will match the boundaries of the service areas for the Monroe County Sanitary Wastewater Master Plan. The CONSULTANT will provide the COUNTY and TAC twenty-five (25) copies of tables and maps prepared as part of this effort. 2. The CONSULTANT will set up and apply the WMM using nonpoint source loading factors for model input such as baseflow pollutant concentrations, runoff coefficients, event mean concentrations (EMCs), and septic tank loading factors, based on available data. The CONSULTANT will estimate relative annual and seasonal nonpoint source runoff volumes and pollutant loads for the twelve EP A NPDES indicator pollutants (i.e., biochemical oxygen demand, chemical oxygen demand, total suspended solids, total dissolved solids, total phosphorus, dissolved phosphorus, total Kjeldahl nitrogen, total nitrogen, lead, copper, zinc, and cadmium) for present and future land use conditions. The CONSULTANT will use its database of EMCs compiled from previous studies within the United States combined with local EMC data where available. To the extent practicable from available EMC data, the CONSULTANT will separate US I as an individual land use. Present and future nonpoint source loadings from each island will be compared and qualitatively evaluated based on relative changes for land use and BMP implementation to indicate potential water quality impacts to the receiving water body. Based upon the water quality evaluations, the CONSULTANT will develop a water quality problem area list and map. Tables and bar charts will be used to present the results. The CONSULTANT will document the findings of the Pollution Load Targets and Analysis in a technical memorandum that will become a chapter in the Data Compilation and Assessment Report. The CONSULTANT will provide twenty-five (25) copies ofthe Pollution Load Targets and Analysis technical memorandum to the COUNTY and T AC. DEP Contract No. WM739, Attachment A, Page 4 of16 3. The CONSULTANT will deliver the WMM program and final datasets used in the Monroe County SMMP and offer the COUNTY a half-day training session providing hands-on training for WMM use. Subtask I-C Existing Systems 1. The CONSULTANT will conduct an inventory of existing stormwater systems within the COUNTY using field visits and existing documents. The inventory will include publicly owned stormwater facilities (COUNTY and CITIES), stormwater facilities along COUNTY primary roads, stormwater facilities along FDOT roads, and facilities within commercial/industrial land use along primary roads. Topographic survey data collection is not included in the subtask. The CONSULTANT will use existing aerial photogrammetric mapping and existing survey data to inventory existing stormwater systems. 2. Additionally, the CONSULTANT will field visit up to fifteen (15) major stormwater systems to provide photographic data as well as assessments of the maintenance being provided and estimates of the overall efficiency of the structure. The COUNTY and CONSULTANT will jointly decide on the major stormwater systems that will be visited by the CONSULTANT. 3. The CONSULTANT will also qualitatively assess the stormwater management systems within up to ten (10) residential subdivisions. The CONSULTANT will query the following sources for additional data: . Monroe County permit files; . South Florida Water Management District; . National Pollutant Discharge Elimination System records from EP A; . Florida Department of Transportation; . City of Key West; . City of Key Colony Beach; and, · US Army Corps of Engineers. This inventory will also include the identification of systems requiring evaluation for water quantity due to flooding problems identified previously. The intent of this effort is to characterize the cause of existing nuisance flooding. 4. The CONSULTANT will compile the data into one or more spreadsheets or databases for tabular data and digital map coverages for spatial data. The CONSULTANT will not integrate the databases and digital maps into a geographic information system (GIS). The CONSULTANT will format the information in a way such that the digital information could eventually be incorporated into a GIS under a different project. The CONSULTANT will also provide to the COUNTY a general approach on developing a GIS system. The CONSULTANT will provide the results of this subtask to the COUNTY in an Existing Systems technical memorandum that will eventually become a part of the Data Compilation DEP Contract No. WM739, Attachment A, Page 5 of 16 and Assessment Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask I-D Existing Regulatory Programs The CONSULTANT will compile information regarding existing regulatory programs responsible for the management of stormwater within the COUNTY including Monroe County itself, the incorporated cities (Key West, Village of Islamorada, Layton, and Key Colony Beach), SFWMD, FDEP, the Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), the United States Environmental Protection Agency (US EP A). Other governmental interests include the other members of the Stormwater Technical Advisory Committee (Florida Keys Aqueduct Authority, US Fish and Wildlife Service, US Park Service, US Army Corps of Engineers, and the National Ocean and Atmospheric Administration). Among other regulatory requirements, the CONSULTANT will consider the following programs: . Environmental Resource Permit Program (SFWMD); . Stormwater Ordinance and Layman's Brochure (Monroe County); . Land Development Regulations and development restrictions (Monroe County); . Submerged Lands and Environmental Resource Permit Program (FDEP); · Class Five Wells and Ground Injection Control Program (FDEP); · National Pollutant Discharge Elimination System Permits (US EP A); . Area of Critical State Concern and Coastal Management Program (FDCA); and, . Permits under Chapter 14-86, Florida Administrative Codes (FDOT). The CONSULTANT will provide twenty-five (25) copies to the COUNTY and TAC of a technical memorandum summarizing the regulatory and governmental oversights provided by each agency and relate the stormwater program to be developed in the COUNTY to each agency. The CONSULTANT will include the following topics in the memorandum: permit requirements, inspections required during and after construction, inspection compliance, overall compliance with regulations and maintenance, evaluation of staffing and training, and overall effectiveness of the regulatory program. The Existing Regulatory Programs technical memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-E Existing Storm water Management Methods and Technologies The CONSULTANT will provide a summary compilation of stormwater management and treatment methodologies currently in use within the Florida Keys. The assessment will include conventional conveyance and storage technologies such as those evaluated in Key Colony Beach and Key West. Potential methods and technologies reviewed will include wet and dry detention, buffer strips, baffle boxes, oil-water separators, chemical additives, recharge wells and bore holes with pretreatment, ex filtration, altered wetlands utilization or enhancement, protection of pristine DEP Contract No. WM739, Attachment A, Page 6 of 16 wetlands, retention ponds, gradually sloped swales, and multipurpose facilities which can serve as park, conservation (e.g., reuse), and/or recreation areas. The focus of the assessment will be on methods that can be applied in publicly owned rights-of-way rather than in private property. The CONSULTANT will invite vendors of new and innovative stormwater technologies to test their products within the Keys. The CONSULTANT will assess the tests relative to applicability within the Keys. The CONSULTANT will also document and assess other structural methods for the control of stormwater which may be applicable to the Keys but which are not currently being employed. The CONSULTANT will research available literature to document potential pollutant removal efficiencies for the structural improvements assessed. The CONSULTANT will provide the COUNTY with twenty-five (25) copies of the technical memorandum on Existing Stormwater Management Methods and Technologies documenting the findings of this subtask. The memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-F Nonstructural Storm water Management Methods Associated with Subtask I-E, the CONSULTANT will consider nonstructural stormwater management methods as they might apply to the COUNTY. Nonstructural methods to be considered will include: public education, street cleaning, hazardous materials management, restrictions on the use of phosphates, stringent litter control programs, control of gray water, control of unconsolidated fill materials, erosion and sediment controls, low impact development (e.g., reduced runoff), Florida Clean Marina Program, and Florida Yards and Neighborhoods program. The CONSULTANT will add other BMPs to the list of nonstructural methods if deemed potentially applicable to the environment of the COUNTY. The CONSULTANT will assess the applicability of each BMP for the types of problems experienced in COUNTY. The CONSULTANT will also research available literature to list pollution removal efficiencies of nonstructural stormwater management methods considered. The CONSULTANT will provide the COUNTY with twenty-five (25) copies the Nonstructural Stormwater Management Methods technical memorandum documenting the findings of this subtask. The memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-G Data Compilation and Assessment Report The CONSULTANT will compile and organize the technical reports and memoranda completed during Task I into a Data Compilation and Assessment Report. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report. The CONSULTANT will produce a draft Report providing information and results from Subtasks 1- A through Subtask I-F including assessments of data collected, pollutant loading and analysis, existing systems inventory, summary of regulatory programs, and general evaluation of structural and non-structural best management practices. Twenty-five (25) copies of the draft Report with executive summary will be distributed to the COUNTY and Stormwater TAC for review. DEP Contract No. WM739, Attachment A, Page 7 of 16 The CONSULTANT will meet with the COUNTY and T AC to discuss comments on the draft Report. The CONSULTANT will address comments received and produce a final Data Compilation and Assessment Report. Fifty (50) copies of the final Report, including one un- bound, photo-reproducible copy, will be distributed to the COUNTY and Stormwater T AC. The CONSULTANT will also address comments received on the draft executive summary and provide fifty (50) copies of a final executive summary for the final Report. Subtask I-H Nutrient Reduction Credits for Storm water Systems The COUNTY currently obtains credits for nutrient reduction when an on-site wastewater facility has been fixed or removed. The credits can be "redeemed" for residential construction. The CONSULTANT will evaluate the potential nutrient reduction credits potentially available for the remediation of stormwater quality areas through best management practices. The CONSULTANT will provide the results of this analysis in a letter report to the COUNTY and meet with the COUNTY to discuss the letter. Task II Objectives, Standards and Problem Area Ranking The CONSULTANT will define a list of goals and objectives for the Monroe County SMMP by working with the Stormwater T AC. As a start, the CONSULTANT will use the goals as defined by the Comprehensive Plan. From the information gathered during Task I, the CONSULTANT will define a list of problem areas (including those identified in Subtask I-B) which will be preliminarily identified as high, medium or low priority. High priority water quality related problems potentially affect public health or the health of the aquatic ecology. Priority flood-related problems potentially affect public health or welfare and can be nuisance in nature. The CONSULTANT will augment and modify this preliminary list with information from the T AC, elected officials and the public based upon the public interaction program (Task V). Based upon the public meetings and the workshop, the list of goals, objectives, and prioritized problem areas will be weighted by importance to each community through discussions with the T AC, elected officials and the public. The list will define the areas for which Stormwater Management Strategies (Task III) may be completed. The CONSULTANT will produce a draft Objectives, Standards, and Problem Areas Report that documents the findings of Task II. The Report will be written in a format to become a Section in the Final Stormwater Management Master Plan Report. Twenty-five (25) copies of the draft Report with executive summary will be distributed to the COUNTY and the TAC for review. The CONSULTANT will meet with the COUNTY to review the draft report. The CONSULTANT will address comments received and prepare a final Objectives, Standards and Problem Areas Report. Fifty (50) copies of the final Report and executive summary will be provided to the COUNTY and T AC including one un-bound, photo-reproducible copy. DEP Contract No. WM739, Attachment A, Page 8 of 16 Task III Stormwater Management Strategies and Solutions The purpose of this task is to evaluate various alternative structural and nonstructural options to remediate the problem areas and achieve the goals identified in Task II. Subtask III-A Alternatives for Storm water Management Retrofit 1. From the list of potential alternatives, the CONSULTANT will consider alternatives to improve stormwater pollution control and flood reduction in areas of existing development, i.e., "retrofitting". The CONSULTANT will select and prioritize up to 15 problem areas to retrofit; develop retrofit alternatives for each problem area, and compare alternatives and select a recommended plan. The COUNTY and CONSULTANT will mutually decide on the fifteen problem areas prior to initiation of this subtask. If Task OT -1 (Detailed Integrated Modeling of Stormwater Systems) is authorized by the COUNTY for the area of potential retrofit, the CONSULTANT will use the developed models to consider the retrofit alternatives. The CONSULTANT will use the WMM model to consider the potential pollution loading reduction possible with the implementation of the alternatives. However, the CONSULTANT will only be required to provide such analysis for alternatives for which pollutant load removal efficiencies are available in literature for the BMP considered in the alternative. The CONSULTANT will work with the Monroe County Land Authority to consider parcel acquisition for preservation where feasible. The CONSULTANT will evaluate alternatives to provide the COUNTY a desired level of service for water quality and quantity. The alternative evaluations shall be based on the following factors: · Implementation constraints for both structural and nonstructural alternatives, including present condition retrofits and/or modifications and future growth plans. · The ability to implement regional, integrated water quantity and quality management alternatives. Alternatives will be directed toward solving serious problems which will also aid/relieve some nuisance problems. The alternatives will be based on comprehensive water quality and water quantity solutions which will consist of nonstructural (ordinance or regulations) and structural solutions. · Capital, operation and maintenance costs for the recommended management alternatives. 2. The CONSULTANT will consider a treatment train of structural solutions based upon the list of alternatives defined in Subtask I-E. Conservation/reuse opportunities will also be conceptually identified. 3. The CONSULTANT will also evaluate improved maintenance where additional pipe or channel maintenance can be performed to improve overall system maintainability and reliability. DEP Contract No. WM739, Attachment A, Page 9 of 16 4. The CONSULTANT will also consider cost effective land use controls for both flood control and water quality retrofit so that flood control and water quality LOS goals are met, wherever possible. When a flood control alternative is required, the upstream area from the improvement will be considered for potential retrofit. Additional water quality improvements are considered based upon pollutant load projections, presence of known water quality problems, and existing constraints. 5. The CONSULTANT will document the results of this subtask in an Alternatives for Stormwater Retrofit technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies ofthe technical memorandum will be provided to the COUNTY and T AC. Subtask III-B Regulated Systems Restoration - Compliance and Enforcement 1. The CONSULTANT will evaluate the rehabilitation of existing stormwater systems already permitted or regulated within the COUNTY. From the inventory of existing systems completed in Task I, the CONSULTANT will qualitatively evaluate the construction and maintenance of up to 10 major systems based upon field visits of the systems. The field visits will provide photographs of the systems visited. The field visits and qualitative evaluations by the CONSULTANT will not constitute certification of as-built drawings. The benefits and costs of restoring the systems identified will be defined and strategies to fix existing onsite facilities will be offered along with enforcement strategies so that they will not fall into disrepair again. 2. The CONSULTANT will also identify potential staffing needs required to implement the enforcement strategy as well as to provide staff training. The CONSULTANT will document the results of this subtask into a Regulated Systems Restoration technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Subtask III-C Future Storm water Management Needs Since the COUNTY has indicated that little future growth is anticipated, the CONSULTANT will only provide general recommendations regarding the control of future growth to minimize the potential stormwater runoff impacts. The CONSULTANT will summarize development controls through regulations and other methods to regulate growth related to new residential development as well as commercial developments. The CONSULTANT will generally examine the need for, and effectiveness of, onsite stormwater systems to treat runoff and attenuate development-induced increases in stormwater volume and peak runoff. The CONSULTANT will also generally consider regional systems as well as public-private partnerships for cost sharing. Whether residential or nonresidential, development controls will be generally designated for use in developed, high intensity growth and sensitive areas through the treatment train process. Where necessary, both source controls and structural controls will be considered. DEP Contract No. WM739, Attachment A, Page 10 of 16 In non-sensitive areas or areas with low growth potential, only source controls may be needed on a volunteer basis. The CONSULTANT will document the results of this subtask into a Future Stormwater Management Needs technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Subtask III-D Regulatory Program Improvements 1. The CONSULTANT will evaluate and recommend regulatory controls that may be necessary to maintain or reduce stormwater impacts to the environment. Regulatory controls may include changes to the stormwater management ordinance of the COUNTY to address thresholds for the retrofit of existing development, new development stormwater management criteria, and controls on sources of stormwater pollution such as those recommended by the federal National Pollution Discharge Elimination System (NPDES) stormwater permitting regulations. These regulations suggest the following regulatory controls: the control of stormwater pollutants from industrial activities including construction; the prohibition of non-stormwater discharges to the stormwater system (e.g., washing machine wastewater, restaurant waste discharge, etc.); the proper response to spills and elimination of dumping; the control of stormwater moving from one municipality to another; requirements for proper federal, state and regional permits; and inspection, surveillance and monitoring. 2. To gain the support of the regulated community, the CONSULTANT will work to educate development reviewers, inspectors, local engineers, and developers to define the benefits of the regulatory programs. Prior to the recommendation of regulatory controls, the CONSULTANT will meet on two (2) occasions with COUNTY development review staff, local ENGINEERS and developers to help develop proper regulatory controls and acceptable measures for pollution reduction. Results of these meetings will be incorporated into the results of this subtask. 3. The CONSULTANT will document the results of this subtask in a Regulatory Programs Improvement technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask III-E Nonstructural Stormwater Management Programs Alternatives The CONSULTANT will consider source controls and structural controls together in a treatment train. Examples of nonstructural solutions (source controls) to be considered are: public education, street cleaning, hazardous materials handling, phosphate use restrictions, litter control, control of gray water, erosion/sediment control, land use planning, public information programs related to household hazardous materials, directly connected impervious area minimization, illicit connection removal, construction site controls, low impact development and proper operation DEP Contract No. WM739, Attachment A, Page 11 of 16 and maintenance of municipal and private on site stormwater systems. The CONSULTANT will evaluate such source controls relative to application within the COUNTY and to efficiency of stormwater pollution control for the pollutants of concern. If numerical information on the pollutant removal efficiency is available based upon literature research, the CONSULTANT will evaluate the potential pollution load reduction available with the application of the nonstructural BMPs within the COUNTY. The CONSULTANT will document the results of this subtask in a Nonstructural Stormwater Management Programs Alternatives technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask III-F Evaluation Program The CONSULT ANT will develop a program to document the success of the recommended plan. The purposes for assessing the effectiveness ofthe SMMP will be: . Regulatory agencies can determine the effectiveness of the programs that are implemented to encourage the activities that work and eliminate those that do not. · COUNTY elected officials can assess whether limited public funds are being spent properly to achieve actual improvements to the environment. . The public can be shown the benefits of the programs that they have funded. The CONSULTANT will recommend post-planning monitoring of the success of the implemented program. Monitoring may include documentation of program improvements and effectiveness (e.g., reports on frequency and volume of debris removal by street sweeping or litter control, documentation of participation of coastal cleanup activities, etc.), reporting of reduced public complaints and concerns, the elimination of prolonged flooding, and ambient water quality monitoring. The CONSULTANT will strive to coordinate ambient monitoring activities if any are recommended with existing ambient monitoring programs to eliminate or at least reduce redundant sampling and analysis. The CONSULTANT will document the results of this subtask into a technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Task III-G Storm water Management Strategies and Solutions Report The CONSULTANT will compile the technical memoranda prepared during Task III into the Stormwater Management Strategies and Solutions Report documenting the findings of Subtasks III-A through III-F. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report and include the consideration of stormwater management retrofits, recommendations for compliance and enforcement issues for regulated systems restoration, assessment of future stormwater management needs, suggestions for DEP Contract No. WM739, Attachment A, Page 12 of 16 regulatory program improvements, consideration of non-stormwater management options, and definition of an evaluation program. Twenty-five (25) copies of the draft Report with executive summary will be provided to the COUNTY and T AC for review. The CONSULTANT will meet with the COUNTY to discuss comments on the draft Report. The CONSULTANT will address comments received and distribute to the COUNTY and TAC fifty (50) final copies of the Stormwater Management Strategies and Solutions Report including on unbound, photo- reproducible copy and executive summary. Task IV Implementation Program The CONSULTANT will develop an implementation program including an overall schedule with milestones, primary responsibilities, capital improvement program and funding process. Because there will be numerous interested agencies and participants, the CONSULTANT will continue to work with the COUNTY staff (e.g., Marine Resources, Environmental Resources and Planning Departments) and the Stormwater TAC to define the implementation plan and identify responsibilities and opportunities for cooperative efforts. Subtask IV-A Implementation Schedule The CONSULTANT will prepare an overall SMMP schedule defining the general order of activities for structural and non-structural improvements, and where possible, a milestone schedule with pertinent real completion dates. The schedule will be based upon the criteria identified in Task II (Objectives, Standards and Problem Areas) so that the critical and priority concerns are addressed immediately. Also, the schedule will consider system dependency, cost- effectiveness of those activities with associated costs, water quality priorities, and funding. The CONSULTANT will provide the COUNTY with a draft schedule that will become part of the final Implementation Report. Subtask IV-B Implementation Responsibility Because the implementation of the SMMP may require the participation of numerous agencies, the CONSULTANT will prepare a list of SMMP actions with associated responsibilities. The CONSULTANT will identify activities and associated responsibilities, maximizing cooperative efforts and minimizing redundancy. The CONSULTANT will document the results of this subtask in an Implementation Responsibility technical memorandum that will eventually become a part of the Implementation Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask IV-C Elements Implementation The CONSULTANT will include, as part of the implementation plan, the consideration and recommendation of programs in the areas of funding and endorsements. DEP Contract No. WM739, Attachment A, Page 13 of 16 1. Funding. The CONSULTANT will explore methods to fund the SMMP. Potential methods include ad valorem taxes; special assessments (non-ad valorem assessments); 2 cent sales taxes; impact fees; local option gas taxes; stormwater utility user fee; local government infrastructure sales tax; public service tax; federal, state and water management district loans and grants; and public-private partnerships. The CONSULTANT will also consider advantages and disadvantages of financing strategies such as pay-as-you-go versus bond financing. Of particular interest will be a stormwater utility fee within the COUNTY, which is recommended by the Comprehensive Plan. The CONSULT ANT will also consider federal funding opportunities, providing information on the potential coordinating agency and types of proj ects supported. The CONSULTANT will search available information to find appropriate grants and loans to support the SMMP. 2. Endorsements. Because of the numerous agencies involved in the protection of the Florida Keys environment and ecology, permits, endorsements and outside agency support will be necessary for the implementation of the SMMP. As part of the implementation plan, the CONSULTANT will identify required or desired approvals including federal, state, regional, and local agencies. The CONSULTANT will document the results of this subtask in an Elements Implementation technical memorandum that eventually will become part of the Implementation Report. Twenty- five (25) copies ofthe technical memorandum will be provided to the COUNTY and T AC. Subtask IV-D Implementation Program Report The CONSULTANT will compile documents prepared during the execution of Subtasks IV-A through IV -C in a draft and final Implementation Program Report. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report. Twenty-five (25) copies of the draft Report will be provided to the COUNTY and TAC for review. The CONSULTANT will meet with the COUNTY to discuss comments on the draft report. The CONSULTANT will address comments received and distribute fifty (50) copies of a final Implementation Program Report to the COUNTY and T AC including one unbound, photo- reproducible copy. A draft and final executive summary will also be provided. Task V Public Interaction Program The CONSULTANT will develop and implement a public interaction and education program to inform the public about stormwater issues, gather supplemental information, and build support for implementation. At each of the meetings defined below, opportunities for public education on the issues related to stormwater runoff will be offered. The CONSULTANT will develop a stakeholder and public interest database that will include information on groups and individuals who have expressed interest in the SMMP. The database will be augmented with information collected during each public meeting. DEP Contract No. WM739, Attachment A, Page 14 of 16 Sub task V-A Public Input on Goals, Standards and Problem Areas The CONSULTANT will hold four (4) public workshops to discuss objectives and goals for the SMMP. The group of meetings will consist of the following: one set at the beginning of the project and one set at the beginning of Task II. During each public workshop, the CONSULTANT will provide summaries (e.g., maps and photographs) of information gathered during Task I and provide opportunities for the public to provide information regarding public expectations and priorities for the SMMP. After the public workshops have been completed, the CONSULTANT will present the findings to the COUNTY Commissioners in a workshop. In connection with these workshops, the CONSULTANT will provide advertising and press releases in the Upper, Middle, and Lower Keys. The CONSULTANT will subsequently document the information provided in the workshops though a summary memorandum to the COUNTY. Subtask V-B Public Input on Storm water Management Strategies The CONSULTANT will hold two (2) public workshops in the to consider potential stormwater management strategies as defined by Task III. The workshops will provide information on the problems being resolved, goals and standards recommended during Task II and model results, if appropriate, accomplished during Task III. The CONSULTANT will also provide information on the benefits and potential costs of alternatives. The CONSULTANT will document comments received during each meeting in a memorandum provided to the COUNTY and Stormwater TAC within 14 days after each meeting. After the public workshops are completed, the CONSULTANT will meet with the COUNTY Commissioners in a workshop to discuss public workshop results. In connection with these workshops, the CONSULTANT will prepare advertisements and press releases and subsequently document the information heard or obtained in the workshops through a summary memorandum to the COUNTY. Subtask V-C COUNTY Commission Presentation The CONSULTANT will hold one (1) presentation to the Board of County Commissioners to present the results of the SMMP. The CONSULTANT will be responsible for the presentation, presentation handout materials, and the meeting location. Subtask V-D Community Group Meetings At the COUNTY'S request and approval, the CONSULTANT will provide presentations (formal and informal) at various community group meeting and functions in order to further public involvement, education and support. For the purposes of budgeting, up to five (5) such presentations have been included in this scope of services. DEP Contract No. WM739, Attachment A, Page 15 of 16 Subtask V-E Newsletters The CONSULTANT will prepare three (3) newsletters documenting the status of the SMMP and inform readers of decisions made, upcoming events associated with the SMMP and upcoming opportunities for public input. Prior to distribution to the public, the COUNTY will review and approve the newsletters. The CONSULTANT will print and mail up to 2,000 copies of each newsletter for distribution. The newsletter will be made available at public places such as city halls, courthouses, post offices and libraries. The newsletters will also be made available to local newspapers. Subtask V-F Web Page The CONSULTANT will create, maintain and operate a webpage using the COUNTY'S server to inform the public as well as offer project deliverables for review. The CONSULTANT will include the newsletters, appropriate photographs, and other data to provide the public with web- based information on the important aspects of the development of the SMMP. Task VI Stormwater Management Master Plan Executive Summary At the completion of Tasks I through V, the CONSULTANT will extract key material from each of the Tasks to prepare an overall SMMP Executive Summary. The CONSULTANT will produce fifty (50) copies of the Draft SMMP Executive Summary for the COUNTY and Stormwater TAC review. The CONSULTANT will address comments received and provide seventy-five (75) copies of the final SMMP Executive Summary, including one (1) photo- reproducible version. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. WM739, Attachment A, Page 16 of 16 ATTACHMENT B Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Contract No. WM739, Attachment B, Page 1 of 1 ~ H p.., ~ ~ H tr.l ~ U 8 Z r>:l ~ ::r: u ..t; 8 8 ..t; Htr.l Z~ ~H ffii='l ~~ <~ ~5 ~ ~Q ~ Hr.r.. <0 ~~ oS HQ tr.l~ ::r: >'u Htr.l Z :::> o u ~ o ~ z o ::<:: -;;; " <; " I-~ ~M-MOOM--O~O~~~~~~~~O~~~-~OOO~~~OMONM~O~OM N~~~M~~~~~~ooVVO~~~M~MOONOO~~~OO~OOMO-O~_OM_~~ ~N-~V~~V~-N~~~MO-~~-O~-MO~~~-~NOOOOOO~OO~~NOO ~ M N r_: ~ ot:i...: '" ot:i d 00 N ..n 0 o~ ~ ~~ ci 0 0'" ~... 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'" - '" E'5'5 "'" ~o-;;; ~ c: '50 ~ ,0 Q) U,- ~..c u v - _ "0::' ~ ...:.:: '" E-5~~1::1::~~~j ~ll."~-5Oo ~o ~]E~ I.~ "~i~~fiJJ~!!~ .~i~l~ii ~!1]ii.~~ ~~ ~i~~ififi]jj~ ~~filll"g ~.~~~~~!I ~~ >~~.li3~~~11~ij"~li3]! ~j&og8.1~ en ~ ~ c ~ c; .~ ~ ~ ~ ~ en ~ ~ ~ ~ ~ ~ :E 'c V) ] f- ~ ~ ~ 5 ~ a ~~cS~~..c:~b~~~]].~sfa.bjfi" "~"~~~8!j~E ~~~~~~~~~]]5~~~a~~~~I-~~ &E~ g]gi~ .~~ b ~~~"".~l~~~~b"'S~OO", ~~&: ~c;~C!o o~~~~E~~~~~~cc~~#~~~~~~ ~~s:: o~o~oo ~~~u~Q):::S~_~~~~~~~v.~e_~~~ ._g~.g ~Q)~(lJS oo~~~~~oe._._] ~~~~~!- s- ...:.::~~~~ ~~~~S~~V)E~EEP-~~~~"'O"'O_sc~s::~C1)~~-~~S~o~o .~ .~ ~...- ."_~ Cii... ."_~"~ ""_~ _2 UO uC? ~ '> '> ';: 0) (lJ en 0 2 .~ ~ ~ ~ ~E ~ ~ (lJEe: ~ ~ ~ ~.~ -- - .....~~roE~~I1)E_ cc ..... -E-E~ ~~Q)-O---~ .-.......... :::s=~~~::s~~~~s~~~ ~E~ ~~~.~.~.~.~.~a~~~F~~~~~~g~sSEp..E~~~c~~~::I~ l>-l>-~W~wwwzoozoo<~~~~ZWCllCll__W~~l>-CIll>-CIll>- c '" '" E E E E ::l ::l CIlCll " " V'I .:: .~ ..c :; :; t;;' g ~ ~ E E tii tii :::s ..0 c c E '" '" 'x 00::0:: C':S 0 ~ ~ .5 ~~* en U ~ ro .5 - 0 ~ ~ t)~ocE uE-VV ::>'Eg;~~ g-.;< 0\ ~ ~ ~ E u ~ C':S ~CIl~~ .o~--:u~ 'c B 4) t; ~ E~~~~ OE~"ilEE UZ~~~ ~ z<<~~~uuvo~~oo~<<<oo~uo~~oo<OOUOQ<<oooouow~ ::l CIl ... ~--------------==-=-------~~~~~>>>>>>>>>> .--l ~ o .--l Q) bO tll p.., u ~ ~ Q) ] U tll ~ ~ < 0\ C") ,.... ~ o Z ~ u tll H ~ ~ o u p.., ~ Q ATTACHMENT D Special Audit Requirements The administration of funds awarded by the Department of Environmental Protection to the recipient (which may be referred to as the "Contractor", "Grantee", or other name in the contract/agreement) may be subject to audits and/or rnonitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-B3, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Departrnent staff, limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-B3, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-B3, as revised. The recipient is responsible for the procurement of an independent auditor to conduct the audit required by this part. The recipient is required to follow the auditor procurement standards specified in Section .305, OMB Circular A-B3, as revised. An audit ofthe recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-B3, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities, financial statements, audit findings follow-up, and report submission as provided in Sections .300, .310, .315, and .320 ofOMB Circular A-B3, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditures of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. DEP Contract No. WM739, Attachment D, Page 1 of 10 3. If not otherwise disclosed as required by Section .310 (b)(2) of OMB Circular A-B3, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Department of Environmental Protection in effect during the audit period. 4. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-B3, as revised, the cost ofthe audit must be paid from non-Federal and non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal/State entities). PART II: STATE GRANTS AND AIDS 1. This part is applicable if the recipient is a local government or a non-profit or for profit organization as defined in Chapter 10.600, Rules of the Auditor General. 2. In the event that the recipient receives more than $25,000 in State grants and aids in its fiscal year, the recipient must have a limited scope audit conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. EXHIDIT 1 to this Attachment indicates State grants and aids amounts awarded through the Department of Environmental Protection by this agreement. In determining the grants and aids received in its fiscal year, the recipient shall consider aggregate grants and aids received directly from State agencies, including grants and aids funds received frorn the Department of Environmental Protection. The audit report must include an auditor's examination attestation report, management assertion report (alternatively, managernent's assertion may be included in the management representation letter), and a schedule of State financial assistance. EXHIBITS 2, 3, and 4 to this Attachment provide examples ofthese reports/schedule. The auditor's examination attestation report must indicate whether management's assertion as to compliance with the following requirements is fairly stated, in all material respects: . activities allowed or unallowed . allowable costs/cost principles . matching (if applicable) . reporting 3. In the event that the recipient receives State grants and aids totaling $25,000 or less in its fiscal year, the head of the recipient entity or organization must provide a written attestation, under penalty of peIjury, that the recipient has cornplied with the allowable cost provisions (or other applicable provisions) of the State grants and aids contract. EXHIBIT 5 to this Attachment provides an example attestation document that should be used by the agency head to attest to compliance with grants and aids provisions. DEP Contract No. WM739, Attachment D, Page 2 of 10 PART III: OTHER AUDIT REQUIREMENTS (This part is reserved to specifY any additional audit requirements imposed, if applicable, by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, or when required by number 2 below, by or on behalf ofthe recipient directly to each ofthe following: A. The Department of Environmental Protection at each ofthe following addresses: Eric Livingston, Contract Manager Florida Department of Environmental Protection Stormwater/NPS Management Section (MS#3570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. D. The State of Florida Auditor General at the following address: Audit Manager Office ofthe Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Contract No. WM739, Attachment D, Page 3 of 10 2. Pursuant to Section .320 (f), OMB Circular A-B3, as revised, the recipient shall submit a copy ofthe reporting package described in Section .320 (c), OMB Circular A-B3, as revised, and any management letters issued by the auditor, to each of the following: Eric Livingston, Contract Manager Florida Department of Environmental Protection StormwaterlNPS Management Section (MS#3570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 3. Copies of reports required by PART II of this Attachment, and management letters prepared in conducting audits related to State grants and aids audits required by PART II of this Attachment, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each ofthe following addresses: Eric Livingston, Contract Manager Florida Department of Environmental Protection StormwaterlNPS Management Section (MS#3570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office ofInspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Office ofthe Auditor General at the following address: Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302-1735 DEP Contract No. WM739, Attachment D, Page 4 of 10 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to: A. The Department of Environmental Protection at each of the following addresses: Eric Livingston, Contract Manager Florida Department of Environmental Protection StormwaterlNPS Management Section (MS#3570) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, attestations, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted within 180 days ofthe recipient's fiscal year end (or as otherwise allowed by Florida Statutes) or within 30 days of the recipient's receipt of the audit report, whichever occurs first. Other submissions should be timely in accordance with OMB Circular A-133 and/or Florida Statutes, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, should indicate the date that the recipient received the audit report in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, upon request for a period of three (3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Contract No. WM739, Attachment D, Page 5 of 10 o:l ~ a ,.-::: ..... '--' ,....., "'0 '--' o o ~ = .9 .... u o tf.l >. .D "'0 o .!:l & o .... '--' ...... 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E ~i oS = ;::l .5 = j:l:l ~"'CI '" ~ = '" s ~ ~ - ~ ~ oS .5 ~ = = .....;: ; ~ =- e~e: = QI ~ !S o => .... .... = 1.0 QI ~ ~ Q., Q .... = QI S .= ~ ~ .... < =\ ~ i = z .... ~ ~ - .... = = u Q., r"l ~ =~ .~ u 0..-- ..... ;> ~ 0 QI - QI .= Eo< '" ~Ioo = = - QI ... = c.? r"l QI Eo< .s o - z..c:oS EXHIBIT - 2 INDEPENDENT AUDITOR'S REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) [Date] Dear [Name]: We have examined management's assertion! about [name of entity]'s compliance with the allowable cost requirernents [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended (indicate the applicable fiscal year] included in the accornpanying [title of management report].2 Management is responsible for [name of entity]'s compliance with those requirements. Our responsibility is to express an opinion on management's assertion about the [name of entity]'s compliance based on our examination. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of entity]'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of entity]'s compliance with specified requirements. In our opinion, management's assertion [identify management's assertion - for example, that complied with the aforementioned requirements during the fiscal year ended ] is fairly stated, in all material respects.34 Sincerely, Notes: 1. If the entity does not present its assertion in a separate report accompanying the practitioner's report, refer to SAS Codification Sections AT 500.56 and .57. 2. The practitioner should identify the management assertion report examined by reference to the report title used by management in its report. Further, he or she should use the same description of the compliance requirements as management uses in its report. 3. The specific compliance requirements, and related criteria (if applicable), will be specified and/or referred to in the grant agreement. As such, it should not be necessary to repeat the compliance requirements, and related criteria (if applicable) in the practitioner's report. 4. Instances of noncompliance should be reported in the manner prescribed in SAS Codification Sections AT 500.61 through .68. DEP Contract No. WM739, Attachment D, Page 7 of 10 EXHIBIT - 3 MANAGEMENT ASSERTION REPORT I, , hereby assert that, (head of recipient entity) (recipient entity name) complied with allowable cost requirements [or other applicable requirements] of the grants and aids appropriations identified on the attached Schedule of State Financial Assistance during the fiscal year ended (rnonth, day, year) (signature) (title) (date) If this assertion report is used, one copy shall be subrnitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Contract No. WM739, Attachment D, Page 8 of 10 '. .. .. EXHIBIT - 4 Sample Organization Schedule of State Financial Assistance For the year ended 9/30/97 State Federal Federal S tate Agency Contract! CFDA Through And Grant Number State State Total Program Title Number Note A Receipts Receipts Receipts Department of Health Head Start GH501 93.600 50,000 (1) 50,000 (1) 100,000 Women, AB101 93.245 100,000 (1) 150,000 250,000 Infant & Children Department of Elder Affairs Community GC501 Not 200,000 (1) 0 200,000 Care for the Applicable Elderly Community GC601 93.003 0 150,000 (1) 150,000 Care for the Elderly Elder Care GC777 93.666 60,000 60,000 120,000 Total 410,000 410,000 (2) 820,000 (I) State Grants and Aids Appropriations moneys. The grand total of State Grants and Aids Appropriations moneys is $550,000. (2) $390,000 of this amount is included in the expenditures presented in the Schedule of Expenditures of Federal Awards. The remaining $20,000 was received under contract number GC601 but was not expended. NOTE A: Federal CFDA numbers apply only to Federal programs. CAUTION: The purpose of this schedule is format illustration only. The contract or grant numbers, CFDA numbers and program titles are not intended to represent actual data. DEP Contract No. WM739, Attachment D, Page 9 of 10 EXHIBIT - 5 MANAGEMENT ATTESTATION STATEMENT CONTRACT/GRANT NUMBER(S) I, , hereby attest, under penalties of perjury, that, (head of recipient entity) cornplied with allowable cost requirements [or (recipient entity name) other applicable requirements] of the grants and aids appropriations contracts/grants identified above during the fiscal year ended (month, day, year) (signature) (title) (date) One copy of this attestation statement shall be submitted after the recipient's fiscal year end to each of the parties designated in the contracts/grants for the identified grants and aids appropriations. This statement does not need to be notarized. DEP Contract No. WM739, Attachment D, Page 10 of 10