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12/15/2004 Agreement
DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 1, 2005 TO: Richard Collins County Attorney ATTN: Jan Hotalen Executive Assistant�Qv FROM: Pamela G. Han Deputy Clerk At the December 15, 2004, Board of County Commissioner's meeting the Board granted approval to reaffirm Loan Agreement with Key Largo Wastewater Treatment District, that was originally approved at the October 15, 2003 meeting. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document Finance File LOAN AGREEMENT KEY LARGO WASTEWATER TREATMENT DISTRICT THIS LOAN AGREEMENT is entered into by and between Monroe County, a political subdivision of the State of Florida (the County) and the Key Largo Wastewater Treatment District, an independent special district (the District), pursuant to Sec. 2.03(A)(2) of an interlocal agreement between the parties effective February 26, 2003 (the interlocal agreement). A copy of the interlocal agreement, together with all its exhibits, is attached as Exhibit A and made a part hereof 1. On or before January 30, 2005, the County shall transfer to the District the sum of $731,428 and shall request the Florida Keys Aqueduct Authority (FKAA) to transfer to the District the sum of $182,857 (which sum the County had previously transferred to the FKAA for the purposes described In paragraph 2 of this loan agreement). 2. a) The District agrees to establish a special fund to be called the Key Largo Trailer Village Project Fund (the Fund) and to deposit therein the money described in Paragraph 1 of this loan agreement. Money in the Fund may only be used to pay the costs of constructing the Key Largo Trailer Village central wastewater treatment and collection system (the Project) that are authorized as appropriate matching expenditures in the DCA/FEMA grant for the Project. A copy of the DCA/FEMA grant is attached to this loan agreement as Exhibit B. b) The District shall make disbursements or payments from the Fund only for the costs authorized in subparagraph 2(a) of this loan agreement. The District shall prepare and keep the records of such disbursements and payments according to generally accepted governmental accounting principles consistently applied and shall retain those records for a period of five years from the date of the completion of the Project. The records must be made available upon request to an auditor employed by The County Clerk or the State of Florida. If the auditor determines any funds may have been spent for unauthorized purposes, the auditor shall meet with District staff to confirm the purpose of the expenditure. If after meeting with District staff, the auditor determines that any of the funds transferred to the District under this loan agreement were expended for purposes not authorized by this loan agreement or the DCA/FEMA grant, then the District shall, within 30 days of the auditor's determination, return the amount determined by the auditor to have been improperly spent together with interest, calculated at the rate set forth in Sec. 55.03(1), FS, commencing on the date the auditor determined the funds were expended for a purpose not authorized by this loan agreement or the DCA/FEMA grant. This subparagraph controls over and amends any inconsistent language in the interlocal agreement Sec. 2.03(A)(2). c) Moneys transferred to the District under this loan agreement for deposit in the Fund must be deposited and secured in the same manner as publiC funds are authorized to be deposited and secured by the laws of the State of Florida. Any interest paid on moneys deposited in the Fund will belong to the District. 3. a) Beginning on July 1, 2008, and on each July 1st thereafter through July 1, 2018, the District shall pay to the County $91,428.50 for repayment of the funds transferred to the District pursuant to paragraph 1 of this loan agreement If the District has not collected a sufficient amount of funds to cover the loan repayment amounts each July lit until the loan is repaid in full, the District shall have the right to request the County to renegotiate the terms of this Agreement relating to repayment of the funds. The parties agree that the $91,428.50 is entirely a return of principal and that the County may not demand, or seek to charge, the District any interest on the funds transferred to the District pursuant to this loan agreement. The only exception to this no interest provision is the interest payable on funds determined to have been spent for a purpose not authorized by this loan agreement. b) The County agrees to establish a special fund for the receipt and deposit of the moneys paid by the District to the County pursuant to subparagraph 3(a) of this loan agreement. The County agrees to return the moneys deposited in that fund for wastewater treatment and collection projects located within, or serving the residents of, the Key Largo Wastewater Treatment District. The moneys so deposited shall be spent for District wastewater projects pursuant to Interlocal agreement(s) entered into between the parties. 4. The requirement of each party that moneys be deposited and accounted for in a special fund may be satisfied by deposit In a single non-exclusive bank account or investment pool provided that adequate accounting records are maintained to reflect and control the restricted allocatiOn of the moneys on deposit. 5. This loan agreement is not intended to, and does not give rise to, legal or beneficial rights on behalf of any third parties. The contractors, subcontractors, subsubcontractors, materialmen and tort daimants of the District, or any other third party, claiming or demanding damages, liability, payment, or other demand on account of an act, acts or omission or omissions of the District, its officers, employees, or agents, must seek the relief demanded or claimed from the District only. 6. The parties agree that prior to the time the first repayment amount Is due to the County, as stated in paragraph 3 herein, the parties shall revisit and reconsider this Agreement to determine whether the terms and conditions of the repayment schedule should be amended. 7. All writings required by this loan agreement (Including the payment of moneys) shall be sent to: 2 Monroe County County Administrator Gato Building 1100 Simonton Street Key West, FL 33040 District General Manager PO Box 491 Key Largo, FL 33037 by certified mail, return receipt requested, or by a national courier service such as Federal Express. The above addresses may be changed by written notification. 8. This written loan agreement is the parties~ final mutual understanding. It supersedes any prior negotiations or agreements, whether written (in any format) or oral, and may only be amended by a writing signed by both parties. 9. This loan agreement will take effect on the signature date of the last party to execute the agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates written below. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By SJt~,~ Mayor Dixie M. Spehar (SEAL) Attest: BY~* Date -/ '-t:1...> KEY LARGO WASTEWATER TREATMENT DISTRICT JconKLWWD4 By~Jh Chail1Tlan J?ut0 C) _'I -r"t f"ll G;;) MONROE COUNTY ATTORNEY :~~~FORM: ~ JOHN R. COLLINS Date 0 \~~U~r.~ORN=: -.-...- ri~':-- (;.' . ~~:: ...:.:-.""".. . ~i::: '. ~ . '. 1.0 .. r- Ct 3 V Final 2 -21 - 03 INTERLOCAL AGREEMENT RELATING TO THE TRANSITION OF WASTEWATER JURISDICTION AND SERVICES FROM THE FLORIDA KEYS AQUEDUCT AUTHORITY TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT BY AND BETWEEN MONROE COUNTY, THE FLORIDA KEYS AQUEDUCT AUTHORITY AND THE KEY LARGO WASTEWATER TREATMENT DISTRICT ADOPTED _,2003 40 TABLE OF CONTENTS PAGE ARTICLE 2 SOURCES OF FUNDING 2 SECTION 1.01. GRANTS. 2 SECTION 1.02. COUNTY FUNDING 4 ARTICLE II 4 INTERLOCAL AGREEMENT 4 SECTION 2.01. PURPOSE OF INTERLOCAL AGREEMENT:. 4 SECTION 2.02. DUTIES AND RESPONSIBILITIES OF THE AUTHORITY. 4 SECTION 2.03. DUTIES AND RESPONSIBILITIES OF THE COUNTY. 5 SECTION 2.04. DUTIES AND RESPONSIBILITIES OF THE DISTRICT, 8 ARTICLE III 9 GENERAL PROVISIONS 9 SECTION 3.01. RECORDING EFFECTIVE DATE. 9 SECTION 3.02. AMENDMENT 10 4.00 INTERLOCAL AGREEMEI(J THIS INTERLOCAL AGREEMENT is made and entered into as of this day of 2003, by and between Monroe County, Florida (the "County"), the Florida Keys Aqueduct Authority (the "Authority") and the Key Largo Wastewater Treatment District("the District"). WITNESSETH: WHEREAS, pursuant to Chapter 76-441, Laws of Florida, as amended, and certain agreements executed between the County and the Authority, the Authority had exclusive wastewater jurisdiction in the District wastewater district; and, WHEREAS, the District was formed in 2002 by the Legislature of the State of Florida pursuant to House Bill 471, Chapter 2002-37, Laws of Florida, for the purpose of performing such acts as shall be necessary for the sound planning, acquisition, development, operation and maint tan n ance wastewater management system within the district, including all business necessary and incidental thereto;and, WHEREAS, Chapter 2002-37, Laws of Florida, provides the District with exclusive jurisdiction over the acquisition, development, operation and management of a wastewater Bement system in and for the District boundaries;and, WHEREAS, the County is a political subdivision of the State of Florida with home rule authority to provide waste treatment and disposal services throughout Monroe County and may enter into agreements with the Authority and the District relative to such activities;and WHEREAS, the County has entered into agreements with the Authority as its agent and the District in order to assist the District with the establishment and operation of a wastewater management system within its jurisdiction;and WHEREAS, the County and the Authority have worked to identify funding sources and grants from local, state and federal sources to advance the provision of central wastewater and wastewater services and programs within the District;and WHEREAS, it was imperative to the health, safety and welfare of the citizens of the District that the delivery of such wastewater facilities and programs be expeditiously advanced, and therefore, the County and the Authority entered into certain joint resolutions and interlocal agreements to utilize the resources of two grants and County Capital Infrastructure Funds for the benefit of the District;and WHEREAS, the District is not expected to have a revenue stream for approximately 30 months from the date of this Agreement, unless the County creates a Municipal Services Taxing Unit("MSTU")to assist the District;and WHEREAS, the County has the legal authority to provide funding to the District as provided herein to accomplish its purposes until the District has an established stream of NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by each party, the County, the Authority and the District hereby agree, stipulate and covenant as follows: ARTICLE I SOURCES OF FUNDING SECTION 1.01. GRANTS. It is hereby ascertained, determined and declared that: A. Federal Grart Under Public Law 106-31, the Emergency Supplemental Appropriations Act for Fiscal Year 1999 (1249 and 1259.. Unmet Needs Program), a supplemental appropriation by the United States Congress was made available to Monroe County, for wastewater projects in the District area 1. The Authority has been designated as recipient/sub-grantee under the Unmet Needs Program to receive and expend grant funds for wastewater project(s)in the District Unarea. The Federal Emergency Management Agency ("FEMA") and the State of Florida m�MNeedsf Communityom Affairs ("CA") are charged with''administering grants under the 2. A Joint Resolution between the County and the Authority was entered into under County Resolution 093-2002 and Authority Resolution 02-08 (a copy of which is attached hereto and marked as Exhibit A)to secure this grant and to name the Authority as the wastewater authority to accept this grant. The payment by the County of$182,857.00(20%of the County's committed amount of$914,285) has been made to the Authority pursuant to this commitment. This Resolution also established that the site at Mile Marker 100.5 would serve the system funded by this grant. 3. The total grant includes project finding as follows: Federal Share $5,485,714.00 State Share $ 914,286.00 Local Share $ 914,285.00 Total $7,314,285.00 Disaster 4. DCA (the grantee of this federal grant) and the Authority entered into a wastewater Relief ending Agreement to fund implementation of the Key Largo Trailer Village project on the 30thday of August,2002(a copy of which is attached hereto and marked as Exhibit B),pursuant to DCA's authority to administer federal financial assistance from FEMA,and to disburse the grant funds to the Authority,as fluffier described in the Disaster Relief Funding Agreement($914,286). B. Transition of Key Largo Trailer Village to the District. Pursuant to FEMA's guidelines under this grant, as set forth in a letter dated September 18, 2002 from FEMA to the 2 Florida Division of Enency Management, (attached hereto akPlit marked as Exhibit C), the Key Largo Trailer Village Project will be fully transferred to the District and the District will become the recipient/sub-grantee for the project when the following conditions have been met: (1) Completion of the entire environmental assessment process per the National Envirommental Policy Act (NEPA) and related statutes (including completion of a site specific environmental review approvaller cudocument and m funds have been obligated in an FEMA to the State of Florida; (3) the State of Florida has developed a contract with the Authority (agreement for Phase I funding for planning and engineering is complete); and (4) a transition plan between the Authority and the District has been executed with assurances that the original scope of work and its associated site development requirements will be implemented(this Transition Interlocal Agreement). 1. Responsibility for the Key ect will be transferred to the District following receipt by the Authority of proposgals e fort desi t/ ld services for the project Before March 1, 2003, the Authority will provide the District wthe design/build proposals for Key Largo Trailer Village. The Authori the project will be exclusively limited to meetingsresponsibiliti and ty continued ine a to to tie, FEMA site-specific environmental es directly relatedthe assessment(EA)process. 2. The Authority is using the collective FEMA grant fupds for'the planning and preliminary design and engineering of the Key Largo Trailer Village and all monies not utilized at the transition stated heretofore shall be either returned to FEMA or assigned to the District as per the direction of FEMA. C. State Grant. Under State of Florida 2002-03 General Appropriations Act, Line Item I765-A, Fixed Capital Outlay, Keys Wastewater Management Plan Implementation from Land Acquisition Trust Fund,a specific appropriation by the State of Florida was made available to Monroe County for the District in the amount of$1,660,000. I. Pursuant to the requirements of this grant, the Authority on behalf of the County initiated a proposed project in the District on or before August 19,2002. 2. The grant established-that the sites necessary to project viability must be acquired; construction bids or design/build proposals must be received; and a system of user charges,fees,or assessments must be established no later than March 1,2003. 3. The County has selected the community known as Key Largo Park as the designated project area. A copy of Joint Resolution confirming selection (County Resolution 349-2002 and Authority Resolution 02-25),is attached hereto and marked as Exhibit D. planning. 4. The grant is only for capital improvements,not including engineering and pag n i, Therefore, the County has agreed to pay up to S356,000.00 for project en ' eerie A ign, bidding services, and planning as reflected by County Resolution 349-002 andty Resolution 02-25 as amended,attached hereto and marked as Exhibit D. 5. The State of Florida Department of Environmental Protection("DEP")has prepared a State Financial Assistance Agreement, DEP Agreement No. LP0338, between DEP 3 and the District, for Lopurposes of facilitating the $1,660,0601state grant, a copy of which is attached hereto and marked as Exhibit E. SECTION 1.02. COUNTY FUNDING . See Section 2.03 of this Agreement. ARTICLE II INTERLOCALAGREEMENT SECTION 2.01. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to cause a smooth transition of both projects, grants, engineering and all related administrative activities from the Authority to the District so that the intent of the District Legislation may be implemented and both grants mentioned heretofore may be preserved, utilized and result in projects as anticipated by them. Therefore,the parties agree that each entity will have the following duties and responsibilities. SECTION 2.02. DUTIES AND RESPONSIBILITIES OF THE AUTHORITY. A. Key Largo Trailer Village. The Authority agrees to complete the following duties and responsibilities with regard to the Key Largo Trailer Village project 1. Complete a design/build nogoest for proposals("REP')'. 2. Solicit and receive design/build technical proposals and cost proposals. 3. Deliver the design/build technical proposals and cost proposals received to the District for evaluation and selection. 4. Provide information and assistance to FEMA as necessary to complete the site-specific environmental assessment of the projects as required under the National Environmental Policy Act(NEPA). 5. The Authority agrees that its contractual design professional may be utilized by the District at the discretion of the District, and subject to the design professional's consent, to assist the District with the design/build proposal evaluation process, subject to the availability of sufficient grant funding or other sources of funding to reimburse the contractual design professional for their continuing services. B. . Key Largo Park. The Authority agrees to complete the following responsibilities with regard to the Key Largo Park project duties and 1. Complete design drawings,technical specifications and bid documents. 2. Solicit and receive construction bids. 3. Deliver the construction bids received to the District for evaluation and selection. 4 h 4. The Authority agrees that its contractual design professional may be utilized by the District, at the District's election and expense, to assist the District in evaluating RFP responses C. Transition. The Authority agrees to assist the District with the transition of projects and to effect an orderly transition in the governance, operation and maintenance of wastewater services in the district boundaries, and specifically to assist the District in meeting the March I,2003 deadlines imposed by the State. D. Transfer of Funds. The Authority agrees to transfer any remaining fiords it received from the County for the projects to the extent such funds remain upon project transfer. This includes,but is not limited to,the$182,857 transferred to the Authority from the County for tAuthority he Key Largo Trailer Village project, described below, less the sum of$8,900 to reimburse the of the KeyLLargadministrative ect.expenses incurred in association with management and coordination o SECTION 2.03. DUTIES AND RESPONSIBILITIES OF THE COUNTY. A.available to Financial Commitments. The County agrees to provide certain funds it has support the development of the Key Largo Trailer Village and Key Largo Park Exhibit projects. These ehibitit commitmentsF o s are ll outlined in Exhibits A and D and are provided specifically in commitments. The County will provide funds through severalial commitments to date, different g state committed funding sources with conditions for the use of these funds,as outlined below. 1. Administrative Loan. into on December 18, 2002 between the CountyPursuant Agreement entered District,and th attached hereto and marked as Exhibit G, the County loaned the District $100,000. Unless otherwise agreed between the County and the District,this$100,000 is to be reimbursed to the County, the terms of which are outlined in the referenced Interlocal Agreement. 2. Capital Funds for Key Largo Trailer Village. Pursuant to County Resolution 093-2002, attached hereto and marked as Exhibit A, the County will provide capital f rods to the District in order to secure a commitment to the Key Largo Trailer Village project up to$914,285,as needed,to complete the project As costs are incurred by the District, and upon a request for payment of expenses, the County will transfer necessary funds to the District for payment of such expenses. These fiords will be provided to the District as a loan to be repaid upon such terms and conditions to be agreed upon between the District and the County within the next 90 days. To date, 20%a of the $914,285 has been transmitted to the Authority ($182,857). The County will direct that the Authority transfer these funds to the District to the extent that such funds remain after project development to date. 3. Cesspit Grant Funds. Pursuant to DCA $1,225,600 will be provided to the District for Key Largo Trailer Village and Contracts,argo total of 5 b DCA Contract 00-DR-1W-11-5501-002, and DCA Contract 01- DR-16-11-54-001 are attached hereto and marked as Exhibit H. b. The County will administer the grant funds, and will disburse only if the District provides an audit trail identifying that fords will be used to replace cesspits equivalent to approximately $10,100 per cesspit replaced. c. The County will continue to administer these funds and as costs are incurred by the District, upon a request for payment of expenses, the County will transfer fiords to the District out of these grant funds. The County agrees that these finds can be utilized for - _ construction as a part of Key Largo Trailer Village or Key Largo 4. County Match to Cesspit Grant. The County agrees to match the DCA Cesspit Grant in the amount of approximately S929,527 for Key Largo Park or Key Largo Trailer Village. a. This amount ($929,527) is dependent on remaining dollars from the Cesspit Identification and Elimination Grant Program, currently administered by the Florida Department of Health for the County. As of the date of execution of this Agreement, a minimum of$790,000 remains in this Program. b. These finds were originally used as a match to State Cesspit replacement dollars, but they do not have to be utilized for replacement. 5. County Capital In machare Fundt Pursuant to County Resolution 349-2002, attached hereto and marked as Exhibit D, the County agrees to fund the District in the amount of S356,000 for engineering,planning, legal and administrative expenses during fiscal year 2003/2004 for.Rey Largo Park.Anyand all funds Capital Infrastructure Funds remaining out District County provided for this pu e are tio be transferred ofth to the ttwithin 60 days of completion of tasks I,2,3 and 4 provided in Section 2.02B this Agreement a. A portion of these funds are currently being utilized to pay Boyle Engineering for engineering design on the collection system for the entire Key Largo Park area b. The County, with the District's concurrence, will continue to provide these funds directly to Boyle (not to exceed $356,000) until design work and other obligations are completed. 6. County Infrastructure Tax Funds.These foods (S826,234.31) have been expended and the land will be transferred to the District within 90 days of the date of execution of this Agreement. The County and the District agree that after the County transfers 6 the land to the DistricSte County may utilize that portion of the l and which is not being utilized by the District, if necessary, for non-structural purposes. 7. 5250,425 Commitment for Operational Expenses. The County agrees to provide $250,425 as a grant, in addition to the $100,000 loan already provided to the District, as set forth in the Interlocal Agreement attached hereto and marked as Exhibit G and described above. Specifically, the grant shall be utilized for design, engineering, legal and all related administrative tat required for implementation of the Key Largo Trailer Village and Key Largo Park projects. The County will forward to the District twenty percent (20%) of the $250,425, which is the amount of$50,085, upon execution of this Agreement. Upon District submission to County of written request for additional sums from this $250,425 commitment, based upon previous expenditure documentation submitted to the County, the County shall disburse additional reimbursements not to exceed the stated 20%($50,085). 8. The County agrees to consider adopting a Municipal Services Taxing Unit("MSTU')for the District,pursuant to the District's Amended Resolution 2003-4,attached hereto and marked as composite Exhibit I.Pursuant to this Resolution,the District requested that the County establish an MSTU for the District,pursuant to section 125.01(1xq),Florida Statutes, and requested a millage rate not-to-exceed .35. This item will be placed on the County Commission meeting agenda as a request for advertisement on February 19, 2003, and will be considered for adoption at the May 21, 2003 County Commission meeting, pursuant to the attached draft County Ordinance(attached hereto as composite Exhibit D B. The District is required to, and has in fact established a federally-insured account for the funds at a financial institution authorized by State law to receive deposits of public funds. The District must deposit the funds in said account, and account for all expenditures as required by Florida law and accepted government accounting standards. C. Transfer of Real Property. 1. The County agrees to transfer the land known as the "Mile Marker 100.5" Parcel to the District within 90 days of execution of this Agreement for purposes of establishing a wastewater treatment plant. The parties agree that the District is obligated to meet all of the conditions contained within the U.S. Fish & Wildlife Service ("FWS") and FEMA documents, attached hereto and marked as Exhibits J and K,respectively. 2. The County will retain a conservation easement in accordance with Monroe County regulations on the portion of the property not intended for development. D. Affordability and Financing Obligations. 1. FF aM requiresthat the County meet Environmental Justice standards relating to project a13'o ty in order to receive FEMA funds for Key Largo Trailer Village. 2. The County believes that the Environmental Justice criteria will be necessary at a minimum throughout the County to provide grant funds to Low and Very Low Income homesteaded property owners and has adopted a policy in this regard, pursuant to Resolution 306-2002,taf+ched hereto and marked as Exhibit L. Tfie County has defined Low and Very Low Income levels in accordance with the HUD definition of 80% and 50%, respectively, of the median household income for the County. The Commission adopted this standard based on staff recommendations,attached hereto and marked as Exhibit M. 3. The County and the District have adopted a guideline for wastewater system hook-up fees of$2,700 and monthly Operation and Maintenance Fees of$35. These figures do not include the on-site decommissioning of existing wastewater systems or of the amortization into monthly fees of any capital costs(lateral hook-up fees). 4. The County will consider adoption of an Ordinance establishing a revolving loan find and low and very low income grant programs by June 2003 and will work with the District and the Authority to ensure that the programs adopted and implemented are fair and equitable across wastewater jurisdictions. E. Assistance during transition. The County agrees to continue working with, the District, as is reasonable, to effect an orderly transition in the governance of the District wastewater services. SECTION 2.04. DUTIES AND RESPONSIBILITIES OF THE DISTRICT. A. Financial Commitment The District must establish, and has established, a federally-insured account for the funds received by the County at a financial institution authorized by State law to receive deposits of public funds. The District must deposit the County loan funds or other funds provided directly to the District in said account B. Affordability and Financing Obligations. The District agrees to adopt similar affordability and user financing standards as provided in Exhibit L attached hereto and contemplated in the near future by the County, including the establishment of low interest revolving loan fund programs or grant programs for low and very low income homesteaded households. C. Records. 1. For all funds forwarded or transferred to the District under this Agreement,the District must establish fiscal control and fund accounting procedures that comply with generally accepted government accounting principles, satisfactory to the County's Clerk,in order to assure that the County funds forwarded or transferred to the District are spent for the purposes set forth in this Agreement All District financial records pertaining to this Agreement must be made available, upon request, to the County Clerk, an auditor employed by the County or State of Florida Any funds forwarded or transferred by the County to the District under this Agreement that are determined by the Clerk, an auditor employed by the County or the State to have been spent on a purpose not contemplated by this agreement must beparid'back to the County with interest calculated pursuant to Section 55.03(1), Florida Statutes, from the date the auditor determines the finds were expended for a purpose not authorized by this Agreement. The District agrees to provide the County Clerk and Administrator with quarterly status reports 8 concerning the expene of County funds in sufficient detail to demonstrate compliance with the provisions of this Agreement. 2. Said records must be available for public scrutiny during regular hours of operation and must be available within a reasonable time to auditors employed by the County or the Clerk of the Circuit Court upon request. D. Projected Commitment. The District acknowledges the time and financial commitment put into completing the Key Largo Trailer Village and the Key Largo Park projects to date by the County and the Authority. 1. To the best of its ability, the District commits to completing the Key Largo Trailer Village and Key Largo Park projects within the constraints of the finds appropriated to date. 2. The District agrees to pursue agreements through FEMA and DCA to have committed Phase II funds for initiating and completing final design and construction of Key Largo Trailer Village as the Authority completes its commitment for Phase I foods to develop and follow through with preliminary engineering documents and finalization of the site specific environmental process for Key Largo Trailer Village. 3. The District agrees that it will be bound by all substantive terms of any federal,state or local grant which is transferred to it as sub-grantee. E. Cooperation. In the event bids for the Key Largo Trailer Village project and the Key Largo Park project exceed the District's projected budget for the projects, the District, in cooperation with the County,FDEP and FEMA,will evaluate three options:(1)provide a revised scope of work to ) conduct "value addition, the Districtt wille dders;use due 2diligence in locating additional grant t(3) re-bsources the projects.etomet any revenue shortfalls as a result of higher-than ant SOs in order to meet -expected bids. ARTICLE III GENERAL PROVISIONS SECTION 3.01. RECORDING; EFFECTIVE DATE. A. This Agreement, and any amendment hereto, shall be filed with the Clerk of the Circuit Court for Monroe County, Florida,as required by Section 163.01(11),Florida Statutes. B. This Agreement shall become effective upon execution hereof by the County, the Authority and the District as provided herein. C. This Agreement must be approved by the Federal Emergency Management Agency, the Florida Department of Community Affairs and the Protection of the State of Florida. Department of Environmental 9 v SECTION 3.02. AMENDMENT. This Agreement shall not be modified or altered except by another written agreement executed by the County,the Authority and the District. IN WITNESS WHEREOF,the County, the Authority and the District have caused this Interlocal Agreement to be duly executed and entered into on the date first above written. 4E i oc COUNTY S /��4` QL MONROEBOARDOF COUNTYOUNT,FLORIDA IONER$OF :, By: / , :, `` --_ Mayor�chatrberson �St• 'Ibage,Clerk By:c Q IOe.S(l t ia- Deputy Clerk 07-a Y-03 THE FLORIDA KEYS AQUEDUCT (BRAT) AUTHORITY By: ATTEST: Chairman Clerk THE KEY LARGO WASTEWATER (SEAL) TREATMENT DISTRICT By: ATTEST: Chairman Clerk APPROVEDASSO; 0, 7kyyr R.: -`r 03 DATES' 10 V SECTION 3.02. AMENDMENT. This Agreement shall not be modified or altered except by another written agreement executed by the County,the Authority and the District. IN WITNESS WHEREOF, the County, the Authority and the District have caused this Interlocal Agreement to be duly executed and entered into on the date first above written. 4,1.0E0 tb BOARD OF COUNTY COMMISSIONERS OF t MONROE COUNTY,FLORIDA • -A i i By: iSACH Mayor/ iaoi Mayor/ n Danny L. ?::" erk By: * C. a4t.a) Deputy Clerk a -03 THE FLORIDA KEYS AQ UCT BAYU:THO(SEAL) ! a3 Chairmivrnt ette Director ctorACTTES�T: � as authorized by PRAA Board 2/20/03 THE KEY LARGO WASTEWATER (SEAL) TREATMENT ISTRICT By: the ATTEST: ? Chairman Clerk 2--24— 03 APPROVED AS TOI ORM Aikra/ aoa Monroe County Clerk's Ole O rl�iaelDATE —�� to Exhibit A JOINT RESStUTION OF AIONROE COUNTY BOCC AND FLORIDA KEYS AOUEDUC- aHORITY MONROE COUNTY RESOLUTION # 093-2002 FKAA RESOLUTION #02.08 A JOINT RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA KEYS AQUEDUCT AUTHORITY RELATING TO THE PROVISION OF WASTEWATER FACILITIES IN THE KEY LARGO AREA OF MONROE COUNTY, FLORIDA; PROVIDING FOR A COMMITMENT TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN ORDER TO PRESERVE AND SECURE CERTAIN GRANT FUNDING FOR WASTEWATER PROJECT(S)IN THE KEY LARGO AREA PROVIDING FOR MATCHING FUNDING BY MONROE COUNTY; PROVIDING FOR REIMBURSEMENTS BY MONROE COUNTY TO THE FLORIDA KEYS AQUEDUCT AUTHORITY; PROVIDING• FOR THE DEVELOPMENT OF A CRITICAL EVENTS SCHEDULE ACCEPTABLE TO FEDERAL EMERGENCY MANAGEMENT AGENCY IN ORDER TO IMPLEMENT A WASTEWATER PROJECT IN THE KEY LARGO AREA; PROVIDING THAT THIS JOINT RESOLUTION BE DEEMED AN INTERLOCAL AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE FLORIDA KEYS AQUEDUCT AUTHORITY THAT: SECTION 1. FINDINGS. It is ascertained, determined and declared that: (A) The Florida Keys Aqueduct Authority (the "FKAA") is a special purpose local government charged with the authority to provide wastewater facilities and services in unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under Chapter 76-441,Laws of Florida, as amended. (B) Monroe County and the FKAA have entered into various memoranda of understanding and other agreements that describe shared responsibilities between Monroe County and the FKAA for the development of wastewater facilities and services in Monroe County. (C) UnderTGblic Law 106-31, the Emergency Supplemental Appropriations Act for fiscal year 1999 (1249 and 1259 Unmet Needs Program), a supplemental appropriation was made available to Monroe County for wastewater projects in the Key Largo area. Premised upon the authority of the FKAA to provide wastewater facilities and services within the unincorporated portions of Monroe County, the FKAA has been designated as sub-grantee under the Unmet Needs Program to receive and expend grant funds for a wastewater project(s) in the Key Largo area. The Federal Emergency Management Agency ("FEMA") and the State of Florida Department of Community Affairs ("DCA") are charged with administering grants under the Unmet Needs Program. (D) In order to secure grant funding under the Unmet Needs Program, FEMA has advised Monroe County that Monroe County and EKAA must provide a firm commitment to immediately develop and implement wastewater project(s) in the Key Largo area or the foregoing grant funds under the Unmet Needs Program will be withdrawn. (E) Further, FEMA has advised Monroe County and FICAA that a firm commitment . to proceed will require the development of a set of"milestones" or critical events to advance, develop and implement the construction of the contemplated wastewater project(s) in the Key Largo area and that such "milestones" or critical events thereafter must be diligently and timely accomplished in order to continue tosecure grant funding under the Unmet Needs Program. (F) it is recognized and agreed that the FKAA has no independent source of funds for the Key Largo Wastewater project(s) and is acting hereunder on reliance upon Monroe County and the Unmet Needs Program in order to fulfill its obligations hereunder. SECTION 2. MONROE COUNTY COMMITMENTS TO FKAA. In order to secure wastewater project funding under the Unmet Needs Program for the Key Largo area, Monroe County commits and agrees as follows: (A) Monroe County shall immediately appropriate and fund all matching fund requirements of local government under the Unmet Needs Program grant requirements. Monroe County will forward to FKAA wentty txrcem 20%r1 of th a r cr tms re l f cxal match noon execution funds to be held by FKAA as security for the local match in a separate fund and used for the Key Largo wastewater project(s), and otherwise segregated from all other funds of the FKAA. Monroe County will subsequently make local match reimbursements upon the approval of the federal/state reimbursements to FKAA. It is the intent of the parties to recover Monroe County's local match contribution from user fees and/or special assessments. (B) Monroe County reaffirms and acknowledges its obligation to reimburse the FKAA for all prior legally incurred expenditures related to wastewater initiatives in the Key Largo area and to pay in full to the FKAA all remaining reimbursements due within thirty (30) days of the effective date of this resolution. (C) Monroe County commits to obtain and convey to the FKAA in fee simple the proposed wastewater treatment plant site approved by FEMA at Mile Marker 100.5 (the "Mile Marker 100.5 Site"). Time is of the essence in acquiring the Mile Marker 100.5 Site and Monroe County shall exerciser its powers of eminent domain if Tcannot otherwise expeditiously negotiate the purchase for the site. It is recognized that the cost to acquire the site is an eligible expense from funding under the Unmet Needs Program and/or the required matching grant dollars. (D) Within fifteen (15) days after the effective date hereof, the FKAA shall propose the area(s) that will be served by the Mile Marker 100.5 Site,) (sometimes commonly referred to as a "hot spot") Monroe County shall be responsible for affirming and approving by resolution the proposed area(s) to be served within thirty(30) days thereof. (F) Monroe County shall work diligently with the FKAA to develop and adopt, within sixty (60) days of the effective date hereof, a subsequent joint resolution which will provide a series'of milestones or critical events, acceptable to the.FKAA and FEMA for the completion ofwastewater project(s) in the Key Largo area. (G) Monroe County agrees to timely implement the foregoing critical events schedule adopted by the FKAA and Monroe County as approved by FEMA. SECTIONS. FKAA COMMITMENTS TO MONROE COUNTY. In order to secure wastewater.project funding,under the Unmet Needs Program for thq Key Largo area, the FKAA commits and agrees as follows: (A) FKAA shall work diligently with Monroe County to develop and adopt, within sixty (60) days of the effective date hereof, a subsequent joint resolution which will provide a series of milestones or critical events, acceptable to Monroe County and FEMA, for the completion of wastewater project(s) in the Key Largo area (using the Mile Marker 100.5 Site). (B) FKAA agrees to timely implement the critical events schedule adopted by the FKAA and Monroe County as approved by FEMA; provided however, that all FKAA activities called for under this resolution shall be paid as an eligible expense from funding under the Unmet.Needs.Program and/or the required matching grant dollars, or otherwise reimbursed to FKAA by Monroe County.." • (C) the creation, establis d or anization of the Key Largo Wastewater T eatment District (the,"District") by the,Florida Le 'stature as an in epen ens t se local government, the .KAA agrees to convey or otherwise transfer al wastewater act t tes and responsibilities,totbe.District without additional cost (other:than full reimbursement as set forth tibsecu on fg�) above) upon the-District's unqualified acceptance andassuml liability and responsibility associated therewith. Any such transfer shall be first subject to -aPProvaTby:FEMA and DCA. • SECTION 4: INTERLOCAL AGREEMENT. (A) This Resolution constitutes a joint exercise of power, privilege or authority by and between Monroe County and the FKAA and shall be deemed to be an "Interlocal Agreement" within the meanin/Sof the Florida Interlocal Cooperatio Act of 1969 as amended. This Resolution shall be filed with the Clerk of the Circuit Court of Monroe County. (B) This Resolution shall remain effective until the Unmet Needs Program grant funding addressed by this resolution is expended for wastewater project(s)in the Key Largo area; or, such grant funds are withdrawn by FEMA or DCA and are no longer available, and until the FKAA has been fully paid all sums as required hereby. SECTION 5. SEVERABILTY. Any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions thereof. PASSED Florida at regular meeting of sad Board held on the Boardth sf/9 tday of February 2002. onroe County, Mayor Charles"Sonny"McCoy Yes Commissioner Murray Nelson •Commissioner George Neugent Absent Commissioner Dixie Spehar Yes Commissioner Nom Williams tic ' AE cpL ia\ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: Mayor/Chairpers Danny L Kolhage, Clerk J B t—,.,, f2� eputy Cle c gppRpy�p MI.T• F{ORM ANC O J' ;/�i. :. .ri_ I. •.. a . : :•. OIFE 'Vld J1N00J30HHON. patEa. / 30bH/Oa1 1 AhNyO SO :? Hd 1— Ali 1001 08033d H10.' 03713 DULY ADieTED by the Florida Keys Aqueduct*thorny this ?_ day of February 2002. BOARD OF DIRECTORS FLORIDA KEYS AQUEDUCT AUTHORITY (SEAL) By. ' Attest: ohn'M. KocntB,S hairman - atliryn A. vide,-Redordibg Clerk of Record 1:IBONDS0000141551Resolutionst1D•2.RESOLU TION.02_1 l 02.DOC • •F Exhibit B STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to call home' JEB BUSH Governor STEVEN M. SEIBERT Sevelar} September 9,2002 Mr.Roger Braun,Executive Director RECEIVED • Florida Keys Aqueduct Authority 1100 Kennedy Drive SEP 1 7 2002 Key West,Florida 33040 EXECUTIVE OFFICE Re: FEMA Project 1249-25 Key Largo Waste Water System Project Dear Mr. Braun: Enclosed is the executed Unmet Needs contract(DCA No. 03UN:6P-11-54-15-195) between the Florida Keys Aqueduct Authority and the Department of Community Affairs. Upon completion of the work identified in the contract, a Request for Payment form (Attachment E) should be completed and submitted to the Department for processing in accordance with Paragraphs (4)and (16)of the Agreement. If you have any specific questions regarding the contract or the Request for Payment form,please call Minerva Fields at 850/413-9947. • Respectfully, W. Craig Fugate,Director C Division of Emergency Management WCF:mf Enclosures 2555 SHUMARO OAK BOULEVARD • TALLAHASSEE. FLORIDA 32399-2100 Phone: 850.E88.8A66/Suncom 278.8466 FAX: 850.921 .0761ISuncom 291.0781 Inlernei address: hIlp://www.dca.slale.11.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING Ia501 EMERGENCY HOUSING communityd DEVELOPMENT2)%O"^Mn Mon Su 212 )SSS Shama OM M*,Ma . a8w.e,s DimmedMaranon R.3VSD] ) )nan.n 3239f}1M ) Oans .. 3n9}CO TMNSennSFLl}39S7.M]ml 211240} .M}]56 IS0)II]9959 ILSpl ea)S% SEP 1 7 ?002 Conn-adasium ber:03 UN-6P-1 1-54-15-19 5 a©H IV. OF.FICE CFDA Number: 83.548 DISASTER RELIEF FUNDING AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs(the "Department"), and the Florida Keys Aqueduct Authority(the "Recipient"). This Agreement is based on the existence of the following conditions: WHEREAS, Hurricane Georges had adevastating impact upon the State of Florida; and WHEREAS,the severity of the damage and losses resulted in a declaration of emergency by the Governor in Executive Order 98-232;and WHEREAS, in consequence of Hurricane Georges,the President of the United States declared Hurricane Georges a major emergency in FEMA-1249-DR-FL, Florida Keys Aqueduct Authority; and WHEREAS, the Agreement between the State of Florida and the Federal Emergency Management Agency("FEMA")governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs with its Recipients; and WHEREAS, Chapter 00-166 Laws of Florida, in Specific Appropriation 1249-Georges- 1406L appropriates funds for Hurricane Georges; and WHEREAS, under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from FEMA consequent to a presidential declaration of disaster; and WHER FAS, the Department has received these grant funds from the federal government, and has the authority to recipient these funds to the Recipient upon the terms and conditions hereinafter set forth; and WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein. Based upon the existence of the foregoing conditions, the parties agree to the following: (I) SCOPE OF WORK. qr `I"t`yffialeciVefta u11y perform the obligations in accordance with the Budget-and tiSSig ofF.ro bschment A of this Agreement. viiAl_:1 ie .. 1 (2) INCORPORAPRON OF LAWS, RULES.REGULATI(J`S AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin March 1,2002 and shall end twenty-four(24)months from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of"Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2),pia. Stat. if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00)or Five Percent (5%) of the face amount of the check or draft. (5) RECORDKEEPING (a) As applicable,Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Government? (53 Federal Register 8034) or OMB Circular No.A-110, "Grants and Agreements with Institutions of High Education,Hospitals, and Other Nonprofit Organizations,"and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions,"or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for- profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. V (b) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later,with the following exceptions: 1. if any litigation,claim or audit is started before the expiration of the three year period and extends beyond the three year period,the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at S5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs,shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -Attachment A -and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time,on Monday through Friday. "Agents"shall include,but not be limited to,auditors retained by the Department. (6) REPORTS • (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. J 3 (d) If all required reports and copies, prescribed ab-, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment G. (7) MONITORING. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see"AUDIT REQUIREMENTS"below),monitoring procedures may include, but not be limited to,on-site visits by Department staff, limitertscope audits as defined by • OMB Circular A-133, 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. In the event that the Department 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. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign•immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent 4 by a stdhaagency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature,the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall,if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any paymehts or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies,and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any.time be false or misleading in any respect,or if the Recipient shall fail to keep,observe or perform any of the teens or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet;tis obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30)days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may,at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: • 5 l. "(er[y'minate this Agreement, provided that�`S t Recipient is given at least thirty(30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail,postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; • 4. Exercise any corrective or remedial actions, to include but.not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which maybe otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include,but not be limited to,misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document;paper, letter, or other material subject to disclosure under Chapter 119,Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120,fiat Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) Failure of the Recipient to comply with the program statutes and regulations in Attachments B and D of this Agreement shall be cause for the immediate suspension.of payments, the immediate termination of this Agreement, or the return of all ineligible funds to the Department. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may,to the extent authorized by law, withhold any payments to the 6 Recip4/for purpose of set-off until such time 100,he exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class,certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Mr.Miles Anderson,Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850)922-4442 Fax: (850)922-1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: . Mr. Roger Braun, Executive Director Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West,Florida 33040 Telephone: 305-296-2454 Fax: 305-296-3521 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name,title and address of the new representative will be rendered as provided in (I0)(a)above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request,or in any submission or response to fulfill the requirements of this Agreement, and such information,representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall,at the option of the Department and with thirty (30) days written notice to the Recipient, 7 410 cause the termination of this Agreement and the rase of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule,or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With:Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seo,), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment,public accommodations, transportation, State and local government services, and in telecommunications: • (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier, subcontractor, or consultant under a contract with a public entity,and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 8 I. `I not presently debarred, suspended, pr*osed for debarment, declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal,state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; • 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission of any offenses enumerated in paragraph 11(g)2. of this certification; and 4. have not within a three-year period preceding this agreement had one or more public transactions(federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements-in this certification,such Recipient shall attach an explanation to this agreement. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or. audit by state personnel and other personnel duly authorized by the Department. "Reasonable"shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time,Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement 9 indicates resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, as revised. If the Recipient expends less than S300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than S300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised, and required by subparagraph (d)above shall be submitted, when required by Section .320 (d), OMB Circular A-I33, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-I 33, as revised (the number of copies required by Sections .320(d)(1) 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 101°Street Jeffersonville, IN 47132 10 Other Federal agen* and pass-through entities in accordan`cte110with Sections .320 (e) and (I), OMB Circular A-133, as revised. (f) Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak'Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) My reports, management letter,or other information required to be submitted to the Department pursuant to this Agreement shall'be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules.of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-I 33 or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall,retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued,and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of three.years from the date the audit report is issued, unless extended in writing by the Department. (j) In the event the audit shows that the entire funds disbursed hereunder,or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations.and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. J 11 (k) Thew Recipient shall retain all financial records, supposing documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (I) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473,Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty(30)days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i)the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work.under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A Budget and Scope of Work Attachment B Program Statutes and Regulations Attachment C Copyright, Patent, and Trademark Attachment D Statement of Assurances Attachment E Request for Advance or Reimbursement Form Attachment F Summary of Documentation Attachment G Quarterly Report Form 12 d (16) FUNDING/CONSIDERATION. (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the amounts listed in Attachment A, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three(3)months, based upon the funds being equally disbursed throughout the contract term. Fora federally funded contract, any advance payment is also subject to federal OMB Circulars A-87,A- 110,A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested,the-budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment F. Attachment F will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c) After the initial advance,if any,payment shall be made on areimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2)years after the initial agreement or for a period no longer than the term of the original agreement,whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals,or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. 13 4110 (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (0 If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")). The Department shall consider the employment. by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e)of the TNA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYINOPROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the 14 indersigned shall complete and submTStandard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction.imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than SI0,000 and not more than S100,000 for each such failure. (19) COPYRIGHT.PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment C for terms and conditions relating to copyrights,patents and trademarks. • (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind • Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. 15 4.0 IN WITNESS WHEREOF, the panics hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: Florida Keys Aqueduct Authority BY: / /e Name and title: R?ev iloon txcw Date: �f 4' /7 / tic o- FEIDN / vf4— 600/r23 STATE OF FLORIDA DEPARTMENT'OF COMMUNITY AFFAIRS W. Craig Fugate,Director, Division of Emergency Management Date: it?Ot; • 16 6, EXHIBIT- I Si FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 83.548 Amount of Federal Funding: 11,097,143.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: S182,857.00 MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program:Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 83.548 Amount of Federal Funding: 51,097,143.00 SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Awarding Agency: Department of Community Affairs CSFA Title: _ Hazard Mitigation Grant Program CSFA Number: N/A Amount: 1181,857.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded 17 lhat Attachment A Budget and Scope of Work The Recipient, the Florida Keys Aqueduct Authority, will complete Phase I, project planning; site selection,evaluation,and appraisal; plant and system design; and engineering for the Key Largo Waste Water System project. The time frame for completing the project will be twenty four(24)months from the date of the fully executed contract. • This is FEMA project UN1249-25. 1.Fundine Summary: Federal Share: $1,097,143.00(75.0%) StateShare: $ 182,857.00(12.5%) Local Share: $ 182.857,00(12.5%) Total Project Cost: 51,462,857.00(12.5%) A-1 Attachment B Program Statutes and Refutations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (I) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, I0, 13, 14, 17, 18,25, 206,220,and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment D of this Agreement B-1 Attachment C Copyright, Patent and Trademark (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected herewith,the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection Will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals,films, or other copyrightable material are produced,the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty(30)days of execution of this Agreement, the Recipient shalLdisclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright-The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph(b),have the right to all patents and copyrights which occur during performance of the Agreement. • C-1 y Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation grant agreement with the Department,including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide sue)) additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member,officer, or employee of the Repipient'or its designees or agents,no member of the governing body of the locality in which the program is situated,and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect,in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work.completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; D-1 (e) It will comply with. (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers(including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage,and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. • (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pt. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate This assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086,and the regulations - issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race,color,religion,sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; IayofUtermination, rates of pay or other forms of compensation; and election for training and apprenticeship; D-2 (g) The Recipierrees to comply with the Americans With Disabilities Act (Public aw 101- 336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family, business, or other ties pursuant to Section 112313 and Section 112.3135,fa; (i) It will comply with the Anti-Kickback Act of 1986,41 U.S.C.Section 51 which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594,598,600-605(further known as the Hatch Act)which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107,.including requirements regarding the purchase of flood insurance in communitieswher&such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for usein any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,grant,guaranty,insurance payment,rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (I) It will require every building or facility(other than a privately owned residential structure) designed, constructed,or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part.40 for residential structures. The Recipient . will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will,in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C.470),Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966(16 U.S.C. 469a-1,et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and D-3 (2) Complying with all requirements establisd by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation,(PA)"which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act(NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property,as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency(FEMA)may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO)and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings]992(Standards),the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734- 37), or any other applicable Secretary of Interior. standards. If FEMA determines that the eligible scope of work will not conform with the Standards, • Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures,including but not limited to,impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities,including,but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains,electrical,gas,leach lines and septic tanks)except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties maybe present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. D-9 yf Recipient is unable to avoid the ail6eological property , develop, in consultation with the SHPO,a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA,the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable:(a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c)if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for.inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require,and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that,unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property,or having the legal power to prevent it,allowed such significant adverse affect to occur. (n) 11 will comply with Title IX of the Education Amendments of 1972,as amended(20 U.S.C.: 1681-1683 and 1685 - 1686)which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; D-S (p) It will comply‘Sh 523 and 527 of the Public Health Setae Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.: 4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201- 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968,42 U.S.C.2000c and 42 3601- 3619,as amended,relating to non-discrimination in the sale,rental,or financing of housipg, and Title VI of the Civil Rights Act of I964(P.L.88-352),which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended,42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended,42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C: 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969,42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; D-6 (dd) It will comply y 413 the requirements of Titles 11 and III dtttle Uniform Relocation Assistance and Property Af(tisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287,related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO11514(NEPA);EO11738(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;• (lilt) it will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. (jj) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractorhave sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel,licenses and all equipment necessary. to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a.. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present , 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. D-7 • 6. Leaafi(the demolished site clean, level and hal debris. 7. Notify the Depanment promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each sire where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply withmandatorystandardsandpoliciesrelatingtoenergyefficiencywhichare contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163), 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act(42 U.S.C. 1857(h),Section 508 of the Clean Water Act (33 U.S. 1368),Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Pan 15 and 61). This clause shall be added to.any subcontracts. 12. Provide documentation of public notices for demolition activities. • D-8 Auacnment it FLCVDA DEPARTMENT OF COMMYITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement of Funds Under the Unmet Needs Program SUBGRANTEE NAME: Florida Keys Aqueduct Authority DECLARATION NO:FEMA-I249-DR-FL ADDRESS: CITY,STATE,ZIP CODE *PAYMENT No .:....• . DCA Agreement No:03UN-6P-11-54-15-145 FEMA Trackin: Number. 24•-25 'Eligible Obligated Obligated Obligated Previous Current DCA Use Only Amount FEMA State Local Payments . Request j 100% 75% Match Match 12.5% 12.5°/. - Approved Comments . TOTAL CURRENT REQUEST S I cenify that to the best of my knowledge and belief the above accounts are contra and Mai all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANFEE SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL S ADMMISTRATIVE COST S GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT S DATE E—I V Attachment F(J FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE UNMET NEEDS PROGRAM Applicant Florida KeysAaueduct Authority Disaster No.1249 DCA Agreement No.O3UN-6P-I 1-54-15-I9S FEMA Tracking NI249-25 AEGEtsM Rd Mt Dot of&Gray of parUMEMATION Wan*Veda.Clei. might.twWSe of Lin DeewMrtiw 1AlNiwY IrnMM.eu1ai4 e%ef%yl's.tft Nod..Siw EGEik Car CMak eI scw.k Mal wart or pf owned ep:pue Mew amidst amidst or anneal Grsw/ry sad ire ien a 10% W%pond Infra W6eskr W Girt r brief dee%oe.Nee rrvUeret an t • • TOTAL F-1 VFLORIDA DEPARTMENT OF CUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT FORM SUBORANfEE: Florida Key Aqueduct Authority. Project Number II:124 -25 PROJECT LOCATIONS Waste Water DCA ID it: at -6P-E DISASTER NUMBER: FEMA-DR-I249-FL • QUARTER ENDING: • Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: (.1 Yes [I No Describe milestones achieved during this quarter: •ttpl Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [j Cost Unchanged [j Under Budget [) Over Budget Additional Comments/Elaboration: NOTE: Depanment of Community Affairs(DCA)staff may perform interim inspections and/or audits at any lime. Evans may ocn between quanerly reports which have significant impact upon your project(s),such as anticipated overruns,changes in scope of wore etc. Please contact DCA as soon as these conditions become known,otherwise you may be found non-compliant with your subgra, award. Name and Phone Number of Person Completing This Form G-1 V Exhibit C ,1,fj •, Pede�l Emergency Managelunt Agency • :' f Region IV B111IC 3003 Chamblee-Tucker Rd Atlanta,CA 30341 September 18,2002 Mr. W. Craig Fugate,Director Florida Divison of Emergency Management 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 Reference: Florida Keys Aqueduct Authority Key Largo Wastewater System under Public Law 106-31, Emergency Supplemental Appropriations Act for Fiscal Year 1999 (1249 and 1259 Unmet Needs Program) a�Dear Mr.F te: Grr This letter is to respond to several questions your staff raised during a recent conference call: The questions have to do with the upcoming election of an independent sewer board for Key Largo. Once enacted, the Florida Key Aqueduct Authority(FKAA) will undergo transition to allow the independent board to be the subgrantee for the Key Largo wastewater project. This letter is consistent with earlier letters that defined the process and was:agreed to by the State and the subgrantee. The following are the answers to the specific questions you raised regarding this transition and how it relates to the Key Largo wastewater project: Does the Key Largo independent sewer board have the flexibility to change the scope of the Unmet Needs Key Largo Wastewater Project? The independent sewer board has absolutely no flexibility to change the scope of this project as it is currently being reviewed. A preferred treatment site alternative at Mile Marker 100.5 and a preferred service area alternative at the Key Largo Trailer Village have been selected and the Federal Emergency Management Agency (FEMA), State of Florida, Monroe County and the Florida Keys Aqueduct Authority have invested considerable time and resources into completing the required eligibility and environmental review of these areas. Any deviation from this process would be considered an"out-of-scope"change and funds would be withdrawn. Most significantly, the Unmet Needs projects had an appropriations period of availability of two years that expired on September 30, 2001. The Key Largo project is past its period of appropriation availability and the funds have been conditionally obligated in order to keep the project viable. In consultation with the FEMA Office of Financial Management (OFM), grant funds are to be spent for the purposes and objectives of the grant. Once the period of availability has expired, any change in the subgrantee, change in the geographic area of the project, or change in the type of the project would be considered an "out of scope" change. These types of changes would be in violation of the appropriations law and the grantee and subgrantee would have to forfeit its federal funds. In consultation with OFM, the subgrantee can be changed only after the environmental review process is complete and the funds have been obligated and approved, which will be detailed in the next paragraph. What is the procedul►for the transition to the iadepemtlentiewer board and when-would they assume responsibility for the project? As outlined in previous letters to the State and FKAA regarding this project, the current subgrantee (Florida Keys Aqueduct Authority and Monroe County) must remain the subgrantee until_the project has completed tho entire environmental compliance pr`ooest per the National EnvironmentatPolicy Act (NEPA) and related statutes, (including completion of a site specific environmental review document and associated public meeting); the funds have been obligated in an approval letter from FEMA to the State of Florida; and the State of Florida has developed a contract with the FKAA. At that point, a transition plan between FKAA and the independent, sewer board will have to be drafted with assurances that the original scope of work (be specific) and its associated site development requirements (environmental mitigation measures, etc) will be implemented. A draft of this plan should be submitted to FEMA and the State for review and concurrence. Any failure to implement the original scope of work and grant requirements will result in the funds being withdrawn by FEMA. When will the site-specific environmental compliance public meetings be held? The timeframe for the site-specific NEPA public meeting is entirely dependent on the FKAA providing FEMA with the preliminary design and engineering information for the entire project (comparable to the Boyle Engineering report prepared for the Conch KBy""project - Hawk's Cay alternative), such that a draft NEPA document can be prepared. The information requirements to complete the NEPA document have been discussed previously with the FKAA (list of questions given), most recently on August 2, 2002. This information is needed to effectively describe and analyze the project's affects to a broad range of environmental resources. In fact, FEMA has approved Phase I grant funding to facilitate this information gathering process. The above applies to each of the wastewater projects (Key Largo, Conch Key and Bay Point). It is our understanding from the subgrantee that we would be receiving the Key Largo preliminary design and engineering work by the end of September 2002. Once we receive this information, we can begin the NEPA process. This would include releasing a public notice of intent to prepare a NEPA document, conducting remaining agency consultations, drafting the NEPA document, releasing it to the public and agencies for comment, and conducting a public meeting. To summarize the letter, this grant is past its period of performance. The subgrantee and, selected preferred treatment site and service area alternative cannot be changed. Therefore, the County and. the FKAA must remain the subgrantee until the NEPA environmental review process is complete and the funds have been obligated. If you have any questions,please contact Lawrence Frank of my staff at(770)220-5438. Sincerely, ,/ ) A. Todd Davison,Director Federal Insurance and Mitigation Division TOTAL P.03 V Exhibit D 'V 111610 JOINT RESOLUTION OF MONROE COUNTY BOCC AND FLORIDA KEYS AQUEDUCT AUTHORITY MONROE COUNTY RESOLUTION it 349 2002 FKAA RESOLUTION rt 02-25 A JOINT RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA KEYS AQUEDUCT AUTHORITY RELATING TO THE PROVISION OF WASTEWATER FACILITIES IN THE KEY LARGO AREA OF MONROE COUNTY, FLORIDA; PROVIDING FOR A • COMMITMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO PRESERVE AND SECURE CERTAIN GRANT FUNDING FOR A WASTEWATER PROJECT IN THE KEY LARGO AREA PROVIDING FOR REQUIRED FUNDING BY MONROE COUNTY FOR THE PROJECTS PLANNING/DESIGN; PROVIDING FOR 'THE COUNTY'S SHIP PROGRAM SUPPORT: PROVIDING FOR THE DEVELOPMENT OF A CRITICAL EVENTS SCHEDULE ACCEPTABLE TO FDEP IN ORDER TO IMPLEMENT A WASTEWATER PROJECT IN THE KEY LARGO AREA; PROVIDING FOR TRANSITION. TO THE GOVERNING BOARD OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT; PROVIDING THAT THIS JOINT RESOLUTION BE DEEMED AN INTERLOCAL AGREEMENT PURSUANT TO SECTION 163.01, FLORIDA STATUTES; PROVIDING FOR SEVERABItITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE BOARD OF DIRECTORS OF THE FLORIDA KEYS AQUEDUCT AUTHORITY THAT: SECTION 1. FINDINGS. It is ascertained, determined and declared that: (A) The Florida Keys Aqueduct Authority (the"FKAA") Is a special purpose local government charged with the authority to provide wastewater facilities and services in unincorporated Monroe County pursuant to a Special Act of the Florida Legislature under Chapter 76-441, Laws of Florida, as amended. (B) Monroe County and the FKAA have entered into various memoranda of • understanding and other agreements that describe shared responsibilities between Monroe County and the FKAA for the development of wastewater facilities and services in Monroe County. (C) Under the State of Florida's 2002-03 General Appropriations Act, Line Item 1765A, Fixed Capital Outlay, Keys Wastewater Management Plan Implementation from Land Acquisition Trust Fund, a specified appropriation was made available to Monroe County for Key Largo In the amount of One Million Six Hundred and Sixty Thousand Dollars ($1,660,000.00). (0) In order to secure grant funding FDEP has advised Monroe County that Monroe County must provide a firm commitment to immediately develop and Page I of 4 '.:%'Fsrt yyyy implement a project in the Key Largo area inclusive of a detailed application submittal as outlined by FDEP, no later thin August 19, 2002. (E) Further, it is specified under the State of Florida's 2002-03 General Appropriations Act, Line Item 1765A, Fixed Capital Outlay, Keys Wastewater Management Plan Implementation from Land Acquisition Trust Fund that project sites necessary to project viability must have been acquired, construction bids or design/build proposals must have been evaluated, and a system of user charges, fees, or assessment must have been established no later than March 1, 2003. (F) Monroe County has selected the geographical area known as Key Largo Park as the designated project area. (G) Monroe County shall work diligently with the to develop all necessary FDEP submittals to meet any FDEP established deadlines es i inclusive of the existing August 19, 2002 and the March 1, 2003 deadlines. SECTION 2. MONROE COUNTY COMMITMENTS. In order to secure the above stated wastewater project funding for the Key Largo area, Monroe County commits and agrees as follows: (A) Monroe County affirms that the BOCC has authorized,the FKAA to be the local governmental entity responsible for project documentation:required under the grant program until project transition to the Governing Board of the Key Largo Wastewater Treatment District (Governing Boards) and hereby authorizes the FKAA to execute a grant agreement for those requirements with FDEP. (B) Monroe County shall immediately appropriate and fund Two Hundred Thousand Dollars ($200,000.00) to complete preliminary project design, engineering and other FDEP documentation requirements for the Key Largo Park project. Monroe County shall pay the FKAA on a reimbursement basis for the consultant engineering services to complete these documentation requirements.. If further County funds are necessary to complete these documentation requirements, such funds shall be paid on a reimbursement basis to FKAA upon modifications to this agreement, executed in writing between the County and the FKAA. All the FKAA financial records pertaining to this agreement must be made available, upon to request to the Clerk, an auditor employed by the County or State of Florida. My funds forwarded or transferred by the County to the FKAA under this agreement that are determined by the Clerk, an auditor employed by the County or State of Florida, to have been spent on a purpose not contemplated by this agreement shall be paid back to the County with Interest calculated pursuant to Sec 55.03.(1), F.S., from the date the auditor determine the funds were expended for a purpose not authorized by this agreement. (C) Monroe County hereby authorizes the County's SHIP Program Administrator to allocate up to Two Hundred Thousand Dollars ($200,000.00) under the Low Income Homeowner strategy for direct assistance to qualmed applicants towards the payment of the system connection charge and/or the homeowners was for existing system abandonment and Installation of new laterals. (D) Monroe County hereby recognizes the pending establishment of the Governing Board and its duly constituted authority and responsibilities. It is further recognized that there must be a transition period for project authority and responsibility between the FKAA and the Governing Board under the FDEP Page 2 of 4 v Agreement. During the transition period (i.e., beginning on the date that the District Board commences legal existence, and ending on the date when the District Board advises the BOCC and FKAA that it is prepared to take over administration of the KIP project) FKAA will, as agent of the BOCC, continue to develop and promulgate a Request for Technical Proposal (RFP) to the point that responses to the RFP are ready to be acted upon. The RFP will state that the District Board will make the decision to rank the RFP respondents and to award the contract. FKAA agrees that its contractual design professional may be utilized by the District Board, at the Board's election and expense, to assist the Board in evaluating RFP responses. The Governing Board shall have the authority and responsibility for the project's contracting and expenditure of the state's Trust Fund Key Largo allocation of the $1,660,000.00. SECTION 3. FKAA COMMITMENTS TO MONROE COUNTY. In order to secure the above stated wastewater project funding for the Key Largo area, FKAA commits and agrees as follows: (A) The FKAA shall be the local govemmental entity to be responsible for project documentation inclusive of FDEP requirements per the August 19, 2002 deadline and to negotiate a FDEP grant agreement to secure funding availability In the amount of$1,660,000 for the Key Largo project. (B) The FKAA shall only authorize such project development expenditures as provided for by county funding. (C) The FKAA hereby recognizes the pending establishment of the Governing Board and its duly constituted authority and responsibilities. It is further recognized that there must be a transition period for project authority and responsibility between the FKAA and the Governing Board under the FDEP Agreement. During the transition period (i.e., beginning on the date that the District Board commences legal a istence, and ending on the date when the District Board advises the BOCC and FKAA that it is prepared to take over administration of the KLP project) FKAA will, as agent of the BOCC, continue to develop and promulgate a Request for Technical Proposal (REP) to the point that responses to the RFP are ready to be acted upon. -The RFP will state that the District Board will make the decision to rank the RFP respondents and to award the contract. FKAA agrees that its contractual design professional may be utilized by the District Board, at the Board's election and expense, to assist the Board in evaluating RFP responses. The Governing Board.shall have the authority and responsibility for the project's contracting and.expenditure-of the state's Trust Fund Key Largo allocation of the $1,6.60,000.00. (D) The FKAA agrees to provide the County Clerk and Administrator with quarterly progress reports on the use of these County funds, Including providing all supporting consultant engineering invoices, to demonstrate compliance with the provision of this agreement SECTION 4. INTERLOCAL AGREEMENT. This Resolution constitutes a joint exercise of power, privilege or authority by and between Monroe County and the FKAA and shall be deemed to be an`Interiocal Agreement'within the meaning of the Florida Interlocal Cooperation Act of 1969 as amended. This Resolution shall be filed with the Clerk of the Circuit Court of Monroe County. Page 3 of 4 V J SECTION 5. SEVERABILITY. If any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction; such holding shall not invalidate or render unenforceable any other provisions thereof. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on this_21st day of August 2002. Mayor Charles"Sonny' McCoy Yes Mayor Pro Tern Dixie Spehar yes Commissioner Bert Jimenez es /m;oZ, Commissioner George Neugent es G \-- mmissloner Murray Nelson es +,... - BOARD OF COUNTY COMMLSSIONERS .,.-. ':DXANNY LKOLHAGE, Clerk OF MONROE COO , FLORIDA z 3 r.../.,:i Depu Clerk Mayor/Chairperson DULY ADOPTED by the Florida Keys Aqueduct Authority this z1_ day of August 2002. BOARD OF DIRECTORS FLORIDA KEYS AQUEDUCT AUTHORITY (SEAL) \ e ' By: L la SSyy,G Attest: n M. Koeni , Sr...Chairtnan SISt `ykl�rr2-• /II Mary L\ ' Secretary-Treasurer AN. AS T• GALS -rp ENCY. // 1-1' SS.T/..��NDRICICC Page 4 of 4 hit INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, is made and entered into this 14 day of August, 2002, by and between the City of Marathon,Florida(the "City"), and the Florida Keys Aqueduct Authority(the "Authority"). WITNESS1sTH Whereas, the Authority is authorized by Chapter 76-441, Laws of Florida, as amended and supplemented (the "Act"), to obtain, supply, and distribute an adequate water supply for the Florida Keys and to collect, treat and dispose of wastewater in the Florida Keys, including the City;and Whereas, the City is not currently served by central sewer facilities which would generally be provided and maintained by governmental agencies, and, instead, such areas are served by cesspits, private septic tanks or individually owned on-site disposal systems or package sewage treatment plants; and Whereas, the Florida Keys and the City am in an area of"critical state concern" and are the home to a complex and dynamic ecosystem whose environment is threatened by elevated levels of nutrients in surrounding canals and nearshore waters that are the result of antiquated wastewater disposal systems and facilities which provide only minimal nutrient removal in the treatment of wastewater; and Whereas, the City and the Authority have worked to identify funding sources and grants from local, state and federal sources to advance the provision of central water and wastewater services, facilities and programs within the City and it is imperative to the health, safety and welfare of the citizens of the City that the delivery of such services, facilities and programs be expeditiously advanced; and V Whereas, the City and Authority desire to cooperatively advance the development and expansion of the Authority's wastewater system to serve the City. It is the intent and desire of the City and Authority to utilize all immediately available resources and focus the efforts of the City and the Authority to develop an efficient and cooperative approach to delivering central wastewater services, facilities and programs within the City as expeditiously as possible so as not to lose available funding opportunities therefore and to protect the environment; and Whereas, the City adopted Ordinance No. 02-07-12 on July 17, 2002, (the "Marathon Wastewater Facilities Use Ordinance") requiring connection to the Authority's wastewater facilities by the owners of on-site treatment and disposal systems as such systems are defined in Chapter 99-395, Laws of Florida; and Whereas, on July 17, 2002, the Authority adopted Resolution No:02-24 authorizing the issuance of a$83,000,000 Sewer Revenue Note, Series 2003 ("Sewer Revenue Note"), to secure a loan from the State of Florida Department of Environmental Protection to finance the sewer system; and Whereas, on July 24, 2002, the Authority filed a Bond Validation proceeding in the Circuit Court for the Sixteenth Judicial Circuit seeking to validate, among other things, the Sewer Revenue Note and the Marathon Wastewater Facilities Use Ordinance (the "Bond Validation"); and Whereas, the City has a vested interest in the outcome of the Bond Validation as the financial viability of the Marathon Central Wastewater project will rely heavily on the success of the validation proceedings; and Whereas,the Authority has requested the City to participate in the financing of the Bond Validation proceedings and the City Council has agreed to do so. 2 Now Therefore,`inconsideration of the following mutual covenants the parties agree as follows: SECTION 1. BOND VALIDATION EXPENSES. 1-1 The City shall reimburse the Authority for the actual expenses incurred by the Authority in proceeding with the Bond Validation at both the Circuit Court and appellate levels in an amount not to exceed $70,000.00. Such reimbursement shall be solely for proceedings involving the financing of the Marathon Central Wastewater Project and the Little Venice Wastewater Project. 1.2 If the Bond Validation is upheld by a court of last resort, the Authority shall take all steps necessary to secure payment of the Bond Validation expenses from the.users of the wastewater system. If the expenses are subsequently paid to the Authority by the users, the Authority shall repay the City those funds initially provided by the City in Subsection 1.1- 1.3 The Authority shall on a monthly basis provide the City with a copy of any invoices for costs and expenses for the processing of the Bond Validation proceeding. 1.4 The City Manager shall be authorized to review and approve payment of invoices received from the Authority provided that such amounts do not exceed the total dollars specified in Subsection 1.1. Upon request of the City Manager, the Authority shall provide additional documentation of costs and expenses. 1.5 Payment by the City to the Authority for approved reimbursable expenses shall be made within 45 days of approval by the City Manager. 1.6 Reimbursement to the City by the Authority as specified in Subsection 1.2 shall be made within 45 days of receipt by the Authority of user funding. 3 SECTION 2. BOND VALIDATION. 2.1 The Authority shall utilize all available resources to diligently prosecute the Bond Validation proceeding. 2.2 The Authority shall defend the Bond Validation proceedings through appellate proceedings before the Florida Supreme Court. 2.3 The Authority's legal counsel shall keep the City's legal counsel informed as to the progress of the proceedings and when necessary confer with the City's legal counsel. 2.4 The City shall make available the appropriate City officials to provide testimony as may be necessary during the Bond Validation proceedings. - - 2.5 The Authority shall provide an update of the proceedings to the Wastewater Task Force at each Task Force meeting. SECTION 3. RECORDING; EFFECTIVE DATE. 3.1 This Agreement shall be filed with the Clerk of the Circuit Court for Monroe County,Florida, as required by Section 163.01(11),Florida Statutes. 3.2 This Agreement shall become effective upon execution hereof by the City and the Authority. SECTION 4. TERMINATION. 4.1 Unless otherwise terminated earlier under this Section, this Agreement shall continue in full force and effect until either of the following actions occur. the Bonds are validated and such validation is upheld by the Florida Supreme Court and the City is reimbursed by the Authority the total funds initially provided under Subsection 1 or the Bond Validation is 4 not supported by the flori'Supreme Court and the City has provided payment to the Authority as specified in Subsection I. 4.2 The City may terminate this Agreement by written notice to the Authority if the Authority unilaterally determines to stop prosecution of the validation proceedings prior to the issuance of an opinion by the Florida Supreme Court unless the Bond Validation is approved by the Circuit Court and not timely appealed by any aggrieved party. 4.3 If the Agreement is terminated as specified in Subsection 4.2,the City shall not be obligated to reimburse the Authority for any expenses incurred by the Authority beyond the date of the City's Notice of Termination. SECTION 5. MISCELLANEOUS PROVISIONS. 5.1 This Agreement shall not be modified or altered except by another written agreement executed by the City and the Authority. 5.2 No waiver of any provision of this Agreement shall be considered a waiver of any other provisions of this Agreement. 5.3 This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any proceeding arising out of the teens or conditions of this Agreement shall lie in Monroe County,Florida .5.4 The provisions of this Agreement re severable. Should any provision of this Agreement be deemed unenforceable by a court of competent jurisdiction, the balance of the Agreement shall remain in full force and effect. 5 SECTION 6. NOTICES` J Any Notices required under this Agreement shall be considered delivered if sent to the other party by hand delivery, private mail service, or certified mail return receipt requested as follows: FOR CITY: Craig Wrathell, City Manager City of Marathon 10045-55 Overseas Highway Marathon,FL 33050 Telephone: (305)743-0033 Facsimile: (305)743-3667 FOR AUTHORITY: Roger Braun,Executive Director Florida Keys Aqueduct Authority 1100 Kennedy Drive P.O.Box 1239 Key West,FL 33041-1239 Telephone: (305)296-2454 Facsimile: (305)296-3521 IN WITNESS WHEREOF, the City and the Authority have caused this Interlocal Agreement to be duly executed and entered into on the date rust above written. ! ` • CITY OF MARATHON,FLORIDA • •fSEAL)1:. 63y: :;..:..... . .. Mayor ATTEST: s erk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: 6 City Attorney FLORIDA KEYS AQUEDUCT (SEAL)) AUTHORITY By#4„ ATTEST: Secre`ir 7 � u Exhibit E V STATE FINANCIAL ASSISTANCE AGREEMENT KEY LARGO WASTEWATER TREATMENT DISTRICT DEP AGREEMENT NO. LP0338 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SPECIFIC APPROPRIATION 1765A OF THE 2002 -2003 GENERAL APPROPRIATIONS ACT(CHAPTER 2002-334, LAWS OF FLORIDA) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL,PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399 (hereinafter referred to as the "Department") and the Key Largo Wastewater Treatment District, whose address is Post Office Box 491, Key Largo,Florida 33037 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local government agency under the laws of• • the State of Florida, to provide funds for a wastewater collection system to serve Key Largo Park Subdivision. In consideration of the mutual benefits to be derived herehom, the Department and the Grantee do hereby agree as follows: • I. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Grantee agrees that it shall, no later than March 1, 2003,complete the following activities as set forth in Attachment A: Certification of project site availability; evaluation of construction bids; and creation of a revenue generation system complete with certification of local funds availability as well as establishment of user charges, fees and assessments. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient", and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than March 31, 2003 unless the Project Schedule outlined in Section C of Attachment A is met and the Agreement is amended. The Grantee shall not be eligible for reimbursement for work performed unless the Project Schedule is met but in no event shall reimbursement for any work performed prior to the execution date of this Agreement be eligible. This Agreement shall be amended to provide for disbursement of grant funds identified herein provided that all terms and conditions of this Agreement, including compliance with the Project Schedule, are met and construction of the Project will result. However, such amendment must be issued before March 31, 2003. 3. In the event that the Agreement is amended as provided in paragraph 2. above, the following disbursement provisions shall apply: 1 boo A. As consideration for the services rendered by the Grantee, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $1,660,000 toward the total Project cost estimate identified in Section A of Attachment A. It is acknowledged that the cost estimate is based on preliminary estimates and requires updating by the Grantee. B The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs upon approval of deliverables and acceptance of a properly submitted Payment Request Summary Form to be provided by the Department at such time as this Agreement may be amended. In addition to the summary form, the Grantee must provide 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. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the - Department may periodically request proof of a transaction (invoice, etc.) to evaluate the appropriateness of costs pursuant to State guidelines. This information when requested must be provided within 30 calendar days of such request. All bills for amounts due shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. D. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http://www.dbf.state.n,us/aadir/tochandbk.html. E. All costs incurred by the Grantee for its own employees in planning, designing. constructing, administering, managing, evaluating, and inspecting the Project are not eligible for reimbursement under this Agreement or any amendment thereof. F. Travel costs are not authorized for reimbursement under this Agreement or any amendment thereof. G. The purchase of non-expendable equipment for use by the Grantee is not authorized under the terms of this Agreement or any amendment thereof. 4. The State of Florida's performance and obligation to pay under this Agreement as amended would be contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. 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. 6.A The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, 2 the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. 6.B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)calendar days written notice. 7. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 8. The Grantee 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 five years following Agreement completion. The Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 9. In addition to the provisions contained in paragraph 8 above, the Grantee shall comply with the applicable audit, monitoring, and record keeping provisions contained in Attachment B. A revised copy of Attachment B, Exhibit-I shall be provided to the Grantee with each Agreement amendment that affects the information contained therein. A revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment B. If the Grantee fails to receive a revised copy of Exhibit-1, the Grantee shall notify the Department's Grant Manager indicated in this Agreement to request a copy of the updated information. 10. A. 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 Grantee agrees to be responsible for the fulfillment 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. 10.B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Upon request of the Grantee, the 3 `V Department will furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement and any amendment thereto for the purpose of lobbying the Legislature, the judicial branch or a state agency. 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts (by change order if necessary)issued as a result of this Agreement. 13. The Department's Grant Manager for this Agreement is identified below. Dick Smith Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road,MS 3505 Tallahassee,Florida 32399-2400 Phone: (850) 245 - 8358 Fax: (850)245 - 8411 14. The Grantee's Grant Manager for this Agreement is identified below. Robert Sheets, Manager Key Largo Wastewater Treatment District do Government Services Group, Inc. 1500 Mahan Drive,Suite 250 Tallahassee,Florida 32308 Phone: (850)681 —3717 Fax: (850) 224- 7206 15. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project. The Grantee shall require each 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 Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers'Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected•under Workers'Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 16. The Grantee, as an independent contractor and not 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 may be specifically provided 4 1.0 in this Agreement. Alternatively, the Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 17. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 18. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that could result in the Grantee's ability to pay for Project work, change the amount of funding under this Agreement, or increase the time for completion of Project work shall require a formal amendment to this Agreement. 19.A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits'of; or be otherwise subjected to discrimination in performance of this Agreement. 19.B. An entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public works, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. • 20. 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 a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 21. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. 5 IN WITNESS WHEREOF, the parties have caused this the day and year last written below. Agreement to be duly executed KEY LARGO WASTEWATER STATE OF FLORIDA DEPARTMENT TREATMENT DISTRICT OF ENVIRONMENTAL PROTECTION By By. /nPry c Chairman Director, Division of Water Resource Management Date: Date: 2 —n—G3 FEID No.: 83-0344274 Attest By: List of attachments/exhibits included as part of this Agreement: Specify ape Letter/ Description(include number of pages) Number. Attachment A Project Work Plan(3 Pages) Attachment B Audit Required(5 Pages) 6 v u ATTACHMENT A KEY LARGO WASTEWATER TREATMENT DISTRICT Key Largo Park Subdivision A. PROJECT BUDGET PROJECT BUDGET Category of Expenditure DEP Funds Other Funds Total FY 02/03 FY 03/04 FY 04/05 Funding Key Largo Park Preliminary Engineering $ 0 $ 0 $ 0 $ 200,000 $ 200,000 Construction $ 100,000 $ 600,000 $ 960,000 $ 0 $ 1,660,000 Contingency $ 0 $ 0 $ 0 $ 0 $ Treatment Impact Fee $ 0 0 $ 0 $ 0 $ 0 $ 0 Construction Management $ 0 $ 0 $ 0 $ 300,000 $ 300,000 Other $ 0 $ 0 $ 0 $ 0 $ 0 Key Largo Trailer Village Preliminary Engineering $ 650,000 $ 650,000 Design/Build Contingency $ 6,520,000 $ 6,520,000 Construction Management $ 0 $ 0 Land $ 1,140,000 $ 1,140,000 Other $ 850,000 $ 850,000 $ 0 $ 0 Total $ 100,000 $ 600,000 $ 960,000 $ 9,660,000 $11,320,000 B. SCOPE OF PROJECT WORK: A vacuum collection system serving the Key Largo Park subdivision will be constructed using the design/bid/build approach. The collection system consists of vacuum mains, vacuum pits, buffer tanks, vacuum valves and gravity collection lines extending from the vacuum pits and tanks to the property line for each building to be served. While Appropriation 1765A funding is not being provided for the decommissioning of on-site treatment and disposal systems or the installation of building laterals on private property, such work must be undertaken to achieve a functional system. The Grantee must ensure that the work on private property is accomplished in a timely manner. Functioning of the Key Largo Park vacuum collection system is dependent upon the construction of a vacuum station, transmission facilities, treatment plant and injection well disposal system that will be part of the Key Largo Trailer Village subdivision wastewater management system. Therefore, the DEP Agreement LP0338,Attachment A,Page I of 3 Grantee must ensure that all construction necessary for a complete and operable wastewater management system is undertaken in a timely manner. C. PROJECT SCHEDULE: Completion of Project activities below shall be accomplished before March 1, 2003 to comply with statutory requirements. The schedule for completion of Project activities under(6)(a) through (o) may be adjusted in the event that this Agreement is amended to provide for grant disbursements. All submittals shall be made by the Recipient's Grant Manager to the Department's Grant Manager. (1) Creation of revenue generation system(rates,fees, and assessments)for recovery of capital costs and operation/maintenance costs (submittal to the Department is required). (2) Establishment of an implementation plan for completing work on private property such as decommissioning on-site treatment and disposal systems and connection to the centralized collection system (submittal to the Department is required). (3) Establishment of requirements for connection to the wastewater management system (submittal to the Department is required). (4) Certification of availability of local share of the costs of the complete,wastewater management system(submittal to the Department is required). (5) Procurement of services for the following:(a) Utilities engineering (b) Legal (c) Financial (d) Administrative(record keeping and audit capability) (e) Construction bid evaluation and design/build proposal evaluation (6) Submittal of a projected schedule for the following activities: (a)- Updating the above Section A Project Budget information (b) Bid tabulation and award recommendation for Key Largo Park construction (c) Public notice and public participation in Project decisions (d) Procurement of services for Construction Management (e) Design/build contract award for Key Largo Trailer Village (1) Construction contract award for Key Largo Park (g) Initiate design/build activities for Key Largo Trailer Village (h) Initiate construction activities for Key Largo Park (i) Certification of availability of the all Key Largo Park wastewater collection/transmission system sites, including easements and rights-of-way DEP Agreement LP0338,Attachment A,Page 2 of 3 4o (j) Complete construction of Key Largo Park facilities (k) Complete construction of Key Largo Trailer Village facilities (I) Certification of initial collection of fees, charges, and assessments (m) Solicit services of operating entity for wastewater management system (n) Operations contract award (o) Certification of wastewater management system operability (7) Certification of availability of the treatment plant site, including injection well disposal (submittal to the Department is required) (8) Certification of receipt of Key Largo Trailer Village design/build proposals (9) Certification of receipt of Key Largo Park construction bids (submittal to the Department is required) DEP Agreement LP0338,Attachment A,Page 3 of 3 v ATTACHMENT B SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection(which may be referred to as the "Department", "DEP", "FD£P"or "Grantor", or other name in the contract/agreement)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 monitoring 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-133, as revised (see "AUDITS" below), monitoring procedures may include,but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,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. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor ' General. 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-133,as revised. In the event that the recipient expends S300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement 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-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133,as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. 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-133, as revised, is not required. In the event that the recipient expends less than S300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htto://asoe.os.dhhs.Eov/cfda. DEP Agreement No.LP0338,Attachment B,Page I of 5 4.0 ri PART II:STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(I),Florida Statutes. I. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project)equal to or in excess of$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II. paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),Florida Statutes.This includes submission of a reporting package as defined by Section 215.97(2)(d),Florida Statutes, and Chapter 10.600, Rules of• the Auditor General. 3. If the recipient expends less than S300,000 in State awards in its fiscal year. an audit conducted in accordance with the provisions of Section 215.97. Florida Statutes, is not required. In the event that the recipient expends less than$300,000 in State awards in its fiscal year and elects•to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost'of the audit must be paid from non-State funds(i.e.,the cost of such an audit must be paid.from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the website for the Governor's Office located at htto://sun6.dms.smte.n.us/fsaa/for assistance. In addition to the above website,the following websites may be accessed for information: Legislature% Website htto://www.lee.state,n.us/, Governor% Website hrro://www.neov.com/, Department of Banking and Finance% Website htto://www.dbf.state.n.us/aadir/FSAAIndex.htm), and the Auditor General's Website htto://sun6.dms.state.n.uslaudeeu. PART III:OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 2i597(7Xm), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 2i597 Florida Statutes. in such an event, the State agency must armnge for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed 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).) DEP Agreement No.LP0338,Attachment B,Page 2 of 5 PART IV: REPORT SUBMISSION .4.114 Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted,when required by Section.320(d),OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: 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)(1) 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(0, OMB Circular A-133,as revised. 2. Pursuant to Section .320(f). OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road,MS40 Tallahassee,Florida 32399-2400 3. Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road,MS40 Tallahassee,Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574,Claude Pepper Building III West Madison Street Tallahassee,Florida 32302-1450 DEP Agreement No.1.P0338,Attachment B,Page 3 of 5 4_ Copies of repons or �agement letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: 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, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,and Chapter 10.600,Rules of the Auditor General,as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection foraudits done in accordance with OMB Circular A-133,Florida Statutes,and Chapter 10.600,Rules of the Auditor General. should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee,access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upo&irequest for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. • DEP Agreement No. LP0338,Attachment B,Page 4 of 5 my MO LU k \ /\ . < 2 ) ig i ` < 7 7 W : r . ; ! 5 k / k { ) § 27 e tel ! / : { E. Ea .4 | { ) - f \ . ea / CCI (0. Y.r. !a. ) \ o c ; . ;/ , CO 0 3 ° C •0 id J / Cl_3 - o - 0 12 /(} \ § ! 0 0 co es {f/ ! § o t $ ° ] ! ® E - S ( « e � ` ! ! ! ® { ] } f / / 1 . ® 9 ! k �} a § �as 3 } \ / \ - ( a m .. ! ) Z / % k k ƒ ƒ 5 • .. 5 � ! ! 5 . # ƒ } a . . 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V Exhibit G INTERLOCAL AGREEMENW Key Largo Wastewater District Board This Interlocal Agreement is entered into pursuant to Sec. 163.01, Florida Statutes, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, and the Key Largo Wastewater District Board, an independent special district, hereafter District. WHEREAS, the District now has the obligation to continue to completion, and after completion to operate, the following central sewage treatment projects: Key Largo Trailer Village, and the Key Largo Park, plus related collection infrastructure, hereafter the Projects; WHEREAS, the District at present does not have in place afunding mechanism to complete and operate the Projects; WHEREAS, the County's Board of County Commissioners have determined that the completion of the Projects is a proper County public purpose pursuant to Sec. 125.01(1), FS; and WHEREAS, the County desires to lend the District $100,000 to help the District in its completion of the Projects; now, therefore, IN CONSIDERATION of the mutual covenants and promises set forth below, the parties agree as follows: 1. a) The County agrees to lend the District the sum of $100,000 to assist the District in its completion of the Projects. b) The County will tender the $100,000 to the District within ten business days of the District establishing a federally insured account for the funds at a financial institution authorized by State law to receive deposits of public funds. The District must deposit the funds in that account. 2. The DistricthAust repay the $100,000 to the Clenty within three years from the date the County tendered the funds to the District, together with interest at the adjusted rate per annum established by the State Revolving Loan Fund calculated from the date the County tendered the $100,000 to the District. 3. The District must keep its records pertaining to the County loan according to generally accepted accounting principles and make those records available to auditors employed by the County or the Clerk of the Circuit Court during normal business hours (Monday through Friday, 9 AM to 5 PM, holidays excepted). 4. This Interlocal Agreement will take effect when a fully executed copy is filed with the Clerk of the Circuit Court for Monroe County. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates written below. • (SEAL}:* BOARD OF COUNTY COMMISSIONERS ATTEST:: DANNY L. KOLHAGE, CLERK OF MONK E COU FLORIDA sy �� B /Apt epu Clerk Y Date ,y coot Mayor/Chairman (SEAL) KEY LARGO WASTEWATER Attest: DISTRICT BOARD By By Secretary Chairman Date v Exhibit H � V EXHIBIT H DCA CONTRACTS RE: CESSPIT GRANT FUNDS George Garrett, Monroe County, will provide. V Contract Number DO•PR-LIB LLS4 01 Of21 AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs,with headquarters in Tallahassee, Florida(hereinafter referred to as the "Department"), and the Monroe County Board of County Commissioners, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS,the Recipient represents that It is fully qualified, possesses the requisite skills, , knowledge,qualifications and experience to provide the services identified herein,and does offer to perform such services, and B. WHEREAS,the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS,the Department has authority pursuant to Florida law to disburse the funds under this Agreement NOW, THEREFORE,the Department and the Recipient do mutually agree as follows: (1) SCOPE ram. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work,Attachment A of this Agreement (2) INCORPORATION OF LAWS, RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end December 31,2000. unless terminated earlier in accordance with the provisions of paragraph(8)of this Agreement (4) MODIFICiN OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto,and attached to the original of this Agreement NI refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of'Department of Community Affairs', and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (5) RECORD KEEPING (a) If applicable, Recipient's performance under this,Agreement shall be subject to the federal'Common Rule: Uniform Administrative Requirements for State and Local Governments'(53 Federal Register 8034)or OMB Circular No.A-110,"Grants and Agreements with Institutions of High Education, Hospitals,and Other Nonprofit Organizations;and either OMB Circular No.A-87,"Cost Principles for State and Local Governments,"OMB Circular No.A-21, "Cost Principles for Educational Institutions,"or OMB Circular No.A-122, "Cost Principles for Nonprofit Organizations.' If this Agreement is made with a commercial(for-profit)organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report,whichever is later,with the following exceptions: 1. If any litigation,claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2 Records for the disposition of non-expenda personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A-and all other applicable laws and regulations. (d) The Recipient its employees or agents, Including all subcontractors or consultants to be paid from funds provided under this Agreement,shall allow access to its records at reasonable times to the Department, its employees,and agents. "Reasonable"shall be construed according to the. circumstances but ordinarily shall mean during normal business hours of 8:00 am.to 5:00 p.m., local time,on Monday through Friday. "Agents"shall include, but not be limited to, auditors retained by the Department (6) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met the Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement (7) LIABILITY. (a) Except as otherwise provided in subparagraph (b)below,the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement For purposes of this agreement Recipient agrees that It is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision,as defined in Section 768.28, Fla. Stat agrees to be fully responsible for Its negligent acts or omissions or tortious acts which result in claims or suits against the Department and agrees to be liable for any damages proximately caused by 3 said acts or omissions. ing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract 18) DEFAULT: REMEDIES:TERMINATION (a) If the necessary hinds are not available to fund this agreement as a result of action by the Legislature,the Office of the Comptroller or the Office of Management and Budgeting,or if any of the following events occur('Events of Defaur),all obligations on the part of the Department to make any further payment of funds hereunder shah, if the Department so elects, terminate and the Department may,at its option,exercise any of Its remedies set forth herein, but the Department may make any , payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies,and without becoming liable to make any further payment 1. If any warranty or representation made by'the Recipient in this Agreement or any previous Agreemem with the Department shall at any time be false or misleading in any respect,or if the Recipient shall fail to keep,observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the tern of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department,and the Recipient fails to cure said material adverse change within thirty(30)days from the time the date written notice is sent by the Department 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or Sufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A (b) Upon the happening of an Event of Default, then the Department may,at Its option, upon written notice to the Recipient and upon the Recipients failure to timely cure, exercise any one or 4 more of the following remedies, either concurrently or consecutively, the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement,provided that the Recipient is given at least thirty (30)days prior written notice of such termination. The notice shall be effective when placed in the United States mail,first class mail, postage prepaid,by registered or certified mail-return receipt requested, to the address set forth in paragraph(9)herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement 3. Wthhold or suspend payment of all or any part of a request for payment 4. Exercise any corrective or remedial actions, to Include but not be limited to, requesting additional Information from the Recipient to determine the masons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that mdre serious measures may be taken if the situation is not corrected, advising the Recipient to suspend,discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (e) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner,and refusal by the Recipient to permit public access to any document paper, letter,or other material subject to dicrbsure under Chapter 119, Fla. Stat. as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fly Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. 5 (e) The'ipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above,the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent authorized by law,withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (9) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery,or first class,certified mall,return receipt requested,to the representative identified below, at the address set forth below and said notification attached to the original of this Agreement (b) The name and address of the Department contract manager for this Agreement is: Mike McDaniel Growth Management Administrator Room 300D 2555 Shumard Oak Boulevard Tallahassee,Florida 32399 (850)487-4545 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: George Garett Director of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 (305)289-2507 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (9)(a)above. 6 (10) OTHER PROSNS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations,and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request,or in any submission or response to fulfill the requirements of this Agreement, and such information, representations,and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall,at the option of the Department and with thirty(30)days written notice to the Recipient,cause the termination of this Agreement and the release of the Department horn all its obligations to the Recipient (b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule,or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be deemed severable, but shall not ihvalidate any other provision of this Agreement (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be a tecuted in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C. Section 12101 et sec.), If applicable,which prohibits discrimination by public and private entities on the basis of disability in the areas of employment,public accommodations, transportation,State and local govemment services, and in telecommunications. (1) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services 7 to a public entity, may n6Tsubmit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of Category Two for a period of 36 months horn the date of being placed on the convicted vendor list. (11) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents,In accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement (b) These records shall be available at all reasonable times for inspection, review, or • audit by state personnel and other personnel duly authorized by the Department 'Reasonable"shall be construed according to circumstances,but ordinarily shall mean normal business hours of8:00 a.m.to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement (d) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat_and Chapter 10.550 and 10.600, Rules of the Auditor General. If the contract amount is$300,000 or more,then the Recipient shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984,31 U.S.C. ss. 7501-7507, OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement 1. The annual financial audit report shall include all management letters and the Recipients response to all findings, Including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically Identifying all Agreement and other revenue by sponsoring agency and Agreement number. 8 1/41 3. The complete financial audit report, including all items specified in (11)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liable for reimbursement to the Department of all funds not spent In accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents,statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report However,if litigation or an audit;has been initiated prior to the expiration of the three-year period,the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shall have all audits completed by an independent certified public accountant(IPA)who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla Stat The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7)months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General,whichever is later. (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (12) SUBCONTRAArTS (a) If the Recipient subcontracts any or all of the work required under this Agreement a copy of the executed subcontract must be forwarded to the Department within thirty(30)days after execution of the subcontract The Recipient agrees to include in the subcontract that(i)the 9 4416 subcontractor is bound*II applicable state and federal laws and regulations, and(ii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractors performance of work under this Agreement,to the extent allowed and required by law. (13) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (14) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto,the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A, Scope of Work (15) FUNDING/CONSIDERATION - This is a fixed fee agreement As consideration for performance of work rendered under this Agreement,the Department agrees to pay a fixed fee of up to$600,750. Payment will be made in accordance to Attachment A, Scope of Work, Item 6(A). (16) STANDARD CoNDmoNS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with Chapter 216, Fla.Stat or the Florida Constitution. • (b) If otherwise allowed under this Agreement,the Agreement may be renewed on a yearly basis for a period of up to two(2)years after the initial agreement or for a period no longer than the term of the original agreement,whichever period is longer,specifying the terms under which the cost may change as determined.in'the invitation to bid, request for proposals,or pertinent statutes or regulations. 10 (c) All bills r fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Slat (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents,papers, letters or other material subject to the provisions of Chapter 119, Fle tat and made or received by the Recipient in conjunction with this Agreement (f) If the Recipient is allowed to temporarily invest any advances of hinds under this Agreement, any interest income shall either be returns to the Department or be applied against the Departments obligation to pay the contract amount (g)The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)(Section 274A(e)of the Immigration and Nationality Act(9NAlj The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained In Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Department (17) STATE LOBBYINGTATE LOBBYING PP No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (18) L A AORIZgT ON The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all 11 covenants and assuranSt contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement (19) VENDOR PAYMENTS Pursuant to Section 215.422, Fla. Stet,the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt,inspection, and acceptance of goods and/or services provided in accordance with the terms and Conditions of the Agreement Failure to issue the warrant within 40 days shall result In the Deparbnent paying Interest at a rate as established pursuant to Section 55.03(1)Fla. Stet. The Interest penalty shall be paid within 15 days after Issuing the warrant Vendors experiencing problems obtaining timely payment(s)from a state agency may , receive assistance by contacting the Vendor Ombudsman at(850)488-2924 or by caning the State Comptroller's Hotline at 1-800-848-3792. • (The remainder of this page left Intentionally blank) 12 V . IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Approved as to form and legality: BY:4 s y,Q..v Shirley F an, Mayor Date: AQt/ 1(( ATTEST: �:- ."^E"i•^ City C --- itSTATE OF FLORI Et�nY DEPARTMENT OF snr. `'g RS Approved as to form and legality; BY: Leven M. Seibert, Secretary Date: (p— 1 6` Do • • 13 ATTACHMENTA Scope of Work 1. The Recipient shall provide services and provide payment as described in this Scope of Work, to achieve the objectives of this agreement in compliance with the following: A Rule 28-20.100 of the Florida Administrative Code,as amended. 2. The Recipient shall establish the following relating to assistance to both single family and multi- family, private residential property owners in Monroe County In eliminating illegal and inadequate On-Site Treatment and Disposal Systems(OSTDS): A Procedures for the selection of property owners to receive financial assistance via the Contractor under this agreement. B. The amount of financial assistance to be given to property owners under this agreement, by the Contractor, In eliminating illegal and Inadequate OSTDS. The assistance shall be comparable with the level of financial assistance estimated,at the time of the Departments acceptance of the initial report under Item 6A below,to be realized by the residents of the Little Venice area to be served by centralized wastewater transmission, treatment and disposal facilities resulting from the U.S. Environmental Protection Agency Grant C120602-04. 3. usingthe Coue Rt shall implement a properly value-based sliding scale grant assistance program, nty's funds,to supplement the assistance made available under the agreement to Monroe County private property owners for eliminating illegal and inadequate OSTDS if the County finds such additional assistance is desirable to carry out the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale grant program must emphasize assistance to financially needy households. 4. The Recipient shall establish procedures for procurement of equipment materials and services relating to elimination of illegal and inadequate OSTDS and replacement with On-site Wastewater Nutrient Removal Systems(OWNRS),the funding of which is wholly or party provided under this agreement. Procurement procedures shall assure that only OWNRS meeting the statutorily required treatment levels are furnished and installed using funds made available under this agreement. The Department recognizes the Contractors regulatory determination in the issuance of the construction permit and the issuance of the operating permit to ensure that the installed OSTDS eliminates the illegal and Inadequate OSTDS. Alternatively, procurement procedures may allow for replacement of illegal and inadequate OSTDS with centralized wastewater transmission, treatment and disposal facilities. Procurement procedures shall not arbitrarily preclude responsible firms and companies possessing the ability to successfully perform services related to elimination of illegal and inadequate OSTDS and meeting other requirements pursuant to this agreement from providing such services. In conjunction with these procedures,a standardized subagreement or work rder authorizing specific costs to be incurred by third parties and incorporating appropriate requirements set forth in this agreement shall be developed;similarly,standardized documentation of costs incurred or invoiced by third parties shall be developed. 14 111) 5. As considerationWthe services to be rendered under the terms of this agreement the Department shall authorize disbursements as described below. A. An amount not to exceed$600,750 shall be made available as the States share of the eligible cost to eliminate illegal and inadequate OSTDS located on privately owned residential properties classified as either single family or multi-family residential properties. Eligible costs include abandonment of Illegal and Inadequate OSTDS; furnishing and installing OWNRS, including any required disinfection facilities providing centralized wastewater transmission, treatment and disposal facilities;and required technical services excepting those required to be performed by a governmental entity (e.g., Florida Department of Health's permitting activities). Reimbursement for the purchase of equipment and materials for the furnishing and installing of OWNRS on private property is specifically authorized. Such equipment and materials may be retained by property owners provided the equipment is to be properly operated and maintained. The Recipient shall retain the documentation listed below for each illegal and inadequate OSTDS eliminated using funds made available under this agreement Identification of each property location, Including the Individual area designated in the County's Rate of Growth Ordinance,at which an illegal and inadequate OSTDS was eliminated. ii. Description of each OWNRS or the connection to centralized wastewater transmission, treatment and disposal facilities provided as part of the illegal and inadequate OSTDS elimination. iii. For each property location under Item i above, the identification of the brand name or manufacturer of the OWNRS furnished;the name of the contractor that installed the OWNRS or that made the connection to centralized wastewater transmission,treatment and disposal facilities;and the engineer responsible for preparation of construction drawings and specifications. iv. Certificatio mea then by the appropriate permitting authority that the OWNRS is designed torequired treatment levels was furnished, and was installed and made operational or that the connection to centralized wastewater transmission, treatment and disposal facilities was made. v. Identification of the total cost of each operational OWNRS or connection to centralized wastewater transmission,treatment and disposal facilities;the share due under this agreement the share of the cost paid from the County funds(if any);and the local residents share. vi. Certification of no double benefits(i.e., no part of the costs invoiced for disbursement by the Department under this agreement has been or will be requested to be paid, reimbursed, or otherwise funded by another agency). viz Certification that the initial report under Item 6.A below and all quarterly reports due under Items 6.0 and 6.D below have been submitted to the Department. viii. Certification by the owner of the property on which an OWNRS was installed that the OWNRS will be properly operated and maintained on a continuing basis. 15 B. The Rhirient shall not use State funds made available under this agreement for direct salaries and multipliers(i.e.,fringe benefits, overhead, and/or general and administrative rates)for its employees or for any of its employees'travel expenses. No funds made available under this agreement shall be used for contract management expenses that may be incurred by the Recipient or Florida Department of Health. 6. The Recipient shall submit,or cause to be submitted,deliverables to the Department The Department shall have twenty(20)days to review and accept reports or return reports to the Contractor or County,as appropriate,for correction. The deliverables are as follows: A An initial report(ten copies)to be submitted to the Department no later than June 30, 2000,documenting the following: i.The selection procedures and the assistance level determination under Item 2 above. it The details of any slIding-scale grant program proposed under Item 3 above. i0.A description of the Procurement procedures required under Item 4 above. The Department shag pay$600,750 to the Recipient followinwthe Departments receipt, review,and acceptance of the initial report no later than June 30,2000. B. Progress reports from the Recipient,as appropriate,for the calendar year quarterly periods ending September 30, December 31, March 31, and June 30 of each year beginning January 1,2000,and continuing throughout the remainder of the period during which this agreement is in effect Progress reports shall be submitted to the Department within twenty(20)days after the end of the period and shall contain the following information relating to the elimination of illegal and inadequate OSTDS. The number of OSTDS eliminated and their location indicating,at a minimum,the Countys Rate of Growth Ordinance(ROGO) area and a description of either the OWNRS Installed or the connection to centralized wastewater transmission,treatment and disposal facilities. ii. The number and status of OSTDS for which elimination is underway. iii. The projected schedule to complete all project work under this agreement iv. The funds expended during the reporting period and the funds remaining to be disbursed for OSTDS elimination under this agreement C. A completion report(ten copies)from the Recipient to be received by the Department no later than December 31,2000, summarizing the quarterly reports prepared by each party. 16 CLERK'S ORIGINAL V Contract Number: 00-DR-I W-11-54-01-002 Modification No. I MODIFICATION That Contract numbered 00-DR-1 W-11-54-01-002, entered into between the State of Florida,Department of Community Affairs(the " "Recipient"), signed on June 26,2000 bythe "Department"),and Monroe County(the follows: Department, is hereby modified as follows: Section 3,Period of Agreement is modified to read as follows: This Agreement shall begin upon execution by both parties and shall end December 31, 2001,unless terminated earlier in accordance with the provisions of paragraph(8)of this Agreement. Attachment A,Scope of Work,Section 6.A.,is modified to read as follows: A. An initial report(ten copies)to be submitted to the Department no Igter than November 30,2000,documenting the following: i. The selection procedures and the assistance level determination under Item 2 above. ii. The details of any sliding-scale grant program proposed under Item 3 above. iii. A description of the procurement procedures required under Item 4 above. The Department shall pay$600,750 to the Recipient following the Department's receipt,review,and acceptance of the initial report no later than November 30, 2000. Attachment A,Scope of Work,Section 6.C.,is modified to read as follows: C. A completion report(ten copies)from the Recipient to be received by the Department no later than December 31,2001,summarizing the quarterly reports prepared by each party. Except as modified herein,all other terms and conditions contained in said Contract remain in full force and effect,and are to be performed in accordance with the terms of said Contract. hi4 IN WITNESS WHEREOF,the parties have caused this Modification to be executed by their duly authorized representative. MONROE COUNTY BOARD OF STATE OF FLORIDA.DEPARTMENT COUNTY / t.ICOMISSIONERS OF COMMUNITY AFFAIRS By Q��1.GC(./, /LL2m [C s .V /.I� By: Printed Name: 5H: t-c y P i2ceMAW J. Thomas Beck Tide: /11 ii 7 er Director Date: /,07/04, Date: II—Z7" ©Q , (sEMJ ATTESTn�: DANNY� L,rrKOLNAGE, QERKK J g APPROVED BY iCNA.IAGX. C . All/ _ ' BY. ',y y TO-FOR Y. DEPUTY CLERK ROBERT N..WPLFE DATE / �f/_ e 4100 Contract Number: 00-DR-1 W-11-54-01-002,Modification No. 2 MODIFICATION That Contract numbered 01-DR-1 W-11-54-01-002,Modification I entered into between the State of Florida,Department of Community Affairs(the "Department"),and Monroe County (the "Recipient"),signed on November 27,2000, by the Department is hereby modified as follows: Section 3;-Period of Agreement is modified to read as follows: This Agreement shall begin upon execution by both parties and shall end March.3 1, 2002,unless terminated earlier in accordance with the provisions of paragraph(8)of this Agreeement. Attachment A, Scope of Work,is modified in section 2.A.to read: 2. A. Procedures for the selection of property owners to receive financial assistance via the Contractor under this agreement. Such procedures may provide for income- based selection criteria. Attachment A, Scope of Work, is modified in section 3 to read : 3. The Recipient shall implement a properly value-based sliding scale grant assistance program using the County's funds to supplement the assistance made available under the agreement to Monroe County private property owners for eliminating illegal and inadequate OSTDS if the County fmds such additional assistance is desirable to carry out the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale grant program must emphasize assistance to financially needy households. Additionally, County funds may be used to establish an income-based grant assistance program. Except as modified herein, all other terms and conditions contained in said Contract remain in full force and effect, and are to be performed in accordance with the terms of said Contract. `► `R� IN WITNESS WHEREOF,the parties have caused this Modification to be executed by their duly authorized representative. MONROE COUNTY BOARD OF STATE OF FLARIDA.DEPARTMENT rat co sse ii_. C3 6n, By: , Printed Name: 6 E444f pic,04ENT J.Thomas Beck Title: N(1-yot- Director Date: 3/7-2'0/ Date: 1-3'0 cowr 3. L E, QERK DEPUTyTtERK A MOVED AS TO FORM Iris 11. _%ice T .:ER .._i DATE S E O V V Contract Number. 00-DR-1 W-11-54-01-002,Modification No.3 MODIFICATION That Contract numbered 00-DR-1 W-54-01.002 entered into between the State of Florida, Department of Community Affairs(the"Department"X Monroe County ouo (the April 22,20010 "Recipient)by We Department is hereby reinstated and modified as follows: 'signed on Section 3,Period of Agreement is modified to read as follows: Th 2002,unless is Agreement re lier in accordance begin upon execution by both parties and shall end December 31, accordance with the provisions of paragraph(8)of this Agreement Attachment A,Scope of Work,"Illegal and Severely Inadequate Onsite Replacement Program",is modified to add section S.C.as follows: Sewage System 5. C. The amount of grant f coding tto be provided will be determined by the number of illegal and inadequate On-site Treatment County designated"cold"spots to be serviced isposal Sy theesystem or sy to ntm ten within expansion. That number should be multiplied by numberlion or amount of grant finding allowed per household under the greaterne! than the maximum Wastewater System Assistance Program(HWSAP) existing determine Eomeewners funding amount toward the overall cost of the of o$40u a s. In taseofll centralized system hook-up, system upon for all num. r systems,that fund' u while finding dto depends t thel system costs for all users.mg amount will be utilized to offset total costs for all Attachment A,Scope of Work,"Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is modified in section 6.C.to read: 6. C. A completion report(ten copies)from the Recipient to be received by the Department no later than December 31,2002. Except as modified herein,all other terms and conditions contains In said Contract remain in full force and effect,and are to be performed in accordance with the terms of said Contract. IN WITNESS WHEREOF,the panics have caused this Modification to be executed by their duly authorized n.p,mcitative. MONROE O 1TY OARD OF STATE CO CO II TONERS OF O A DEPARTMENT OF C AFF S By: By: Printed Name: 4E(,tG� ,t4 CC'QL� ,-,-�.-�.� H.E."Sonny"7"unmermnn Title: /(d - Director,Division of Community Planning Dater:`; Zi (L OZ Date: nays APPROVED AS TO F ._ • LI¢7Uw AN i AL SUMO O tR(\ �T]EPy EFK ZANN "^TE ad 0 L.L.nnr. a UniUINAL Contract Number: 01-DR-16-11-54-01-001,Modification No. 1 MODIFICATION That Contract numbered O1-DR-16-11-54-01-001 entered into between the State of Florida,Department of Community Affairs(the "Department"),and Monroe County(the "Recipient"),signed on December 14,2000, by the Department is hereby modified as follows: Section 15,Funding/Consideration is modified to read as follows: This is a fixed fee agreement As consideration for performance of work rendered under this Agreement,the Department agrees to pay a fixed fee up to S 1,130,712. Payment will be made in accordance with the provisions of Attachment A-Scope of Work. An invoice shall be submitted with each deliverable which is in detail sufficient for a proper preaudit and • postaudit thereof. Attachment A,Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is modified in section B. I. to read: B. 1. Procedures for the selection of property owners to receive financial assistance via the Contractor under this agreement. Such procedures may provide for income- based selection criteria. Attachment A,Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is modified in section C to read : C. The Recipient shall implement a properly value-based sliding scale grant assistance program using the County's funds to supplement the assistance made available under the agreement to Monroe County private property owners for eliminating illegal and inadequate OSTDS if the County finds such additional assistance is desirable to carry out the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale grant program must emphasize assistance to financially needy households. Additionally, County funds may be used to establish an income-based grant assistance program. Attachment A,Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is modified in section F 1 and 3 to read : F. 1. The Department shall pay S 624,850 to the Recipient following the Department's receipt,review,and acceptance of the Memorandum of Understanding between the Florida Department of Health, Monroe County Health Department and the County to implement a Homeowners Assistance Program that is revised to reflect the additional funding in this contract received no later than March 31,2001. it V 3. A completion report(ten copies) from the Recipient to be received by the Department no later than May 31,2002. Attachment A,Scope of Work, "Little Venice Water Quality Monitoring Program",is added to read as follows: 1. The Department shall pay$ 242,912 following the Department's receipt,review, and acceptance of the Quality Assurance Project Plan(QAPP)that has been approved by the Florida Department of Environmental Protection. Receipt of the approved QAPp will occur no later than April 30,2001. 2. The Recipient shall prepare progress reports for quarterly periods ending March 31, June 30, September 30, and December 31 of each year beginning January 1, 2001 and continuing throughout the remainder of the period during which this Agreement is in • effect. Progress reports shall be submitted to the Department within twenty(20)days ' after the end of each quarter and shall contain information on work completed during the quarter,consultant invoices and reports,work expected to be completed in next quarter, and identify any unanticipated problems or delays in completing the rojeaton schedule and within budget. 3. Attachment A-I, Water Quality Sampling Program for the Little Venice Sewage Collection and Treatment Project in Marathon, Florida shall be utilized to select the subcontractor with the appropriate chemical detection limits and laboratory facilities needed for this project. Except as modified herein,all other terms and conditions contained in said Contract remain in full force and effect,and are to be performed in accordance with the terms of said Contract. IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized representative. MONROE COUNTY BOARD OF STATE OF FLORIDA.DEPARTMENT Co COMMISSIONERS1/441 f `( F C S F U By: 5 - Printed Name:c7 y y t4E 1*A)4 f)V r J. Thomas Beck Title: M4L/6g-- .�.� cc' .� '�>• Director Date: ,�j 7•Y/J/ /Pr , - :L Date: APpa . `AS TO FOkM\ NY L kC" C. CLERK ppF. ,�yy � // R•BERT N %`•� DEPUTYCLERK DATE `._L ' _ . 60. Attachment A-1 WATER QUALITY SAMPLING PROGRAM FOR THE LITTLE VENICE SEWAGE COLLECTION AND TREATMENT PROJECT IN MARATHON,FLORIDA BACKGROUND • The ocean side of Vaca key from Vaca Cut(east)to 94th Street(west), Marathon, Florida has a large percentage of houses and trailers that are currently serviced by inadequate septic tank systems or cesspit disposal. This area has been collectively called the "Little Venice" Service Area,whereas in fact,Little Venice Subdivision is located on the westernmost portion of the service area. The Little Venice Service Area includes approximately 540 residences(Figure 1). The Little Venice Service area was selected as the first phase of wastewater improvements for the Marathon Service Area because of the large number of homes on cesspits,the small average size of lots,the density of the homes,and known water quality problems"in the canals that occur in the area. Water quality of the 89t-91st Street canals was thoroughly studied in the 1984- 1985 as part of the Florida Department of Environmental Regulation Monitoring Study (FDER, 1987). That study demonstrated significant nutrient enrichment of the canals,high chlorophyll a content, and a high coprostanol concentrations in sediments. Coprostanol is a break-down product of cholesterol and is an indicator of fecal contamination. The Little Venice Service Area will receive a low-pressure,vacuum wastewater collection system that will transmit wastewater to a central treatment plant. The treatment plant will produce effluent that meets or exceeds the current advanced wastewater treatment(AWT) standards of 5:5:3:1 (BOD5, TSS,TN,TP )and will use a Class V injection well for disposal of treated wastewater. Central collection and treatment of wastewater will remove a substantial portion of nutrient loading into the canals by removing the sources of wastewater(Poorly functioning septic tanks and cesspits). SAMPLING PROGRAM The purpose of this water quality sampling program is to document water quality improvements in the canals of the Little Venice Service Area. The sampling program consists of two phases. Phase I will be conducted for two years prior to the initiation of operation of the central sewage treatment system. Phase 1 will establish existing conditions in the canals within the service area. Phase 2 will be conducted for two years after initiation of the central sewage treatment system and will document changes in water quality and sediment chemistry of the canals. Four canals within the Little Venice Service Area will be selected for sampling(Figure 1). Canal I and 2 are a connected "U- shaped" canal system located at 112'"Street. These canals may receive better tidal flushing than other canals within the Service Area because of their flow- through design and their relatively short length. Canals 1 and 2 are lined with single-family hi residences that were constructed prior to 1970 and a high percentage of those residences are thought to have no sewage treatment systems (cesspits). Canal 3 is located adjacent to 1004' Street and Canal 4 is located adjacent to 9T" Street. Both canal 3 and 4 are dead-end canals that are lined with single-family houses and mobile homes. Many of these residences are thought to have poorly functioning septic systems or cesspits. The 91°Street canal has been selected as a reference canal and is located outside the Little Venice Service Area. Historic water quality and sediment data exist for this canal (FDER 1987). Field Sampling Regime Nine sampling stations were chosen for this project:two per canal with an external site off 100t Street canal (Figure 1). Stations were located at the mouth of the canal and at the dead-end. Each of the 9 stations will be visited weekly via small boat. Surface and bottom measurements of temperature, salinity, and dissolved oxygen(DO)will be preformed at each station. Duplicate water samples will be collected in mid-channel at 1 meter below surface. Water samples will . also be collected just below the surface for bacteriological analysis. To ensure that we capture the greatest potential terrestrial inputs, sampling will be performed on the low,low tide whenever possible. Localized data from an ongoing study by FIU of the Florida Keys National Marine Sanctuary will be used as the background ambient water quality ill the nearshore waters for comparative purposes. Nutrient Analysis Water samples will be analyzed for total nitrogen (TN),total phosphorus (fP),and chlorophyll a (Chla)by the Contractor's Southeast Environmental Research Center laboratory using standard methodology outlined in the Quality Assurance Project Plan(QAPP). Once a month the samples will be analyzed for the full suite of nutrients including ammonium(NH4'). nitrate(NO;),nitrite (NO2), silicate (Si(OH),),soluble reactive phosphate(SRP),and total organic carbon(TOC). Some parameters will not be measured directly, but calculated by difference.Nitrate(NOj)will be calculated as NO; -NO; . Dissolved inorganic nitrogen(DIN)will be calculated as NO;- NO4. Total organic nitrogen(TON) will be defined as TN-DIN. Diurnal Samnlinv In addition to the weekly sampling program, each month two ISCO autosamplers will be deployed at rotating sites which will be programmed to collect 12 samples per day over a 2 day period. Water samples will be analyzed for TN and TP. Hydrolab datasnodes will accompany the autosamplers and will measure and log temperature, salinity,DO,and pH on an hourly basis. This will result in diurnal profiles of physical and chemical variables associated with tidal cycles and precipitation events. Bacteriological Analysis Water samples will be collected as above and transported to a lab for enumeration of enterococci. Sediment Saolins,m Sediment samples at each site plus a duplicate site will be collected annually(10 per year)using a PVC core device. The top 5 cm of the cores will be analyzed in the SERC labs for a suite of heavy metals using DEP Method MT-002-5: Microwave Digestion of soil, sediment,tissue,and waste samples for total recoverable metal analysis and EPA Method 6020A: Inductively Coupled Plasma-Mass Spectrometry; coprostanol using SERC-EARL-Standard Operating Procedure 2000-0107-Revl: Quantitative Determination of Fecal Sterols in Aqueous and Sediment Samples by GC/MS: and trace organics following the NOAA Status and Trends program Mussel Watch Project: 1993-1996 Update, G.G. Lauenstein and A.Y. Cantillo(Eds),NOAA Technical Memorandum NOS ORCA 130, Silver Springs,Maryland, (1998). REPORTING Reporting will include production of a geo-referenced station map,quarterly data reports,and an annual interpretive report. The principal investigator will be responsible.for ensuring the results are compiled and the complete data set is submitted in a timely fashion.to the Contractor. Upon completion of the analysis of samples from each quarterly period,the principal investigator will produce a statistical summary of the data in a logical format based on the station design. The statistical summary will include calculated averages,sample variances,ranges, and number of samples. When appropriate,the principal investigator will provide the summaries in a graphical format. The principal investigator will submit a data and narrative report documenting the results of each quarterly survey. The data report will include the raw data in SORET format and statistical summaries in hard copy and on disc. The investigator will evaluate the data in accordance with the data quality objectives developed in the QAPP. After completion of analysis of samples from the fourth quarterly survey,the principal investigator will produce statistical summaries of the data collection at each station to be incorporated into an annual report. All data will be evaluated in relation to the data quality objectives developed in the QAPP. The data will be analyzed using appropriate statistical tests of significance to meet the specific objectives of the monitoring program. COSTS Costs for the Little Venice Water quality Sampling Program are estimated to be$363,000 for four years of sampling (Phase I and 2)or$90,750 per year(Table 2). Total cost is based on the following costs for analyses: salinity,temperature, and dissolved oxygen-$1.50 per sample: total phosphorus and total nitrogen - $10.00 per sample: chlorophyll a-$5.00 per sample: suite of nutrients- $15.00 per sample: fecal coliforms- $20 per sample;and enterococci -$25.00 per sample. This includes analysis of 10 sediment samples each year for heavy metals,pesticides, and coprostanol at no charge to the project. i.+ u Figure 1 Little Venice Service Area Sampling Stations 4. rww my -} rs%Y _ � s G4 `�_' -. < - r " v.,,-.'s'a 'FA'rs-� .,,';.4 -tom- 3yii;. r W*E _ la i F . {� e Mantle Orson \ i`IZ, . 0.5...... . as t tpr, DEP Contract No.SP574,Attachment A, Page 6 of 6 Table 1. Sampling Schedule for Little Venice Water Quality Sampling Progra ! 1 I Phase 1 (2 years) ' I I I Number of Samples , I Canal 1 Carel2 Canal Carel4I Total • Hourly Parameters(rotatirg) 1 I I j rsalirity -288 288 288 j 288 1152 I (temperature 288 288 288 288 1 1152 ' Idissolved oxygen 288 288 288 I 288 1152 ' pH 288 288 288 I 288 11152 I Diurnal Parameters(rotating) ! i —7total nitrogen 144 144 I 144 I 144 576 total phosphorus 144 144 144. 1 144 576 I , Weekly Parameters surface salinity 208 208 208 312 936 1 I 1 bottom salinity 208 I 208 208 312 •- '936 j ! !surface temperature 208 208 20 . I 312 936 J bottom temperature 208 208 I .208 I 312 I 936 1 I suface dissolved oxygen 208 208 I 208 I 312 936 I I bottom dissolved oxygen 208 208 I 208 i 312 I 936 I i total nitrogen 208 208 I 208 I 312 I 936 I i Ito phosphorus 208 208 208 I 312 I 936 I cNorophyll a 208 208 j 208 312 I 936 fecal coliforrn 208 208 I 208 312 I 936 I I ienterococci 208 208 j 208 1 312 I 936 ! j [Monthly Parameters nutrients(NO2,NO3,NH4, 48 I 48 I 48 I 72 I 216 I SRP,TOC,Si(OH)4) I I { I I j 1 IAnnual Parameters ! I 1 coprostanol(sediment) 2 2 2 j 3 9 P heavy metals(sediment) 2 2 1 2 I 3 1 9 I I I pesticides(sediment) 2 2 I 2 I 3 9 I ! i t I ; I I I I I I Phase 2(2 years)sampling wiiffollow the same pro�toco as Phase 1 urless urlorseen adjustments to the sampling program are warrented. DEP Contract No.SP574,Attachment A.Page 4 of 6 V J Table 2. BUDGET WATER QUALITY SAMPLING FOR THE LITTLE VENICE PROJECT(FDEP) Salaries and Wages OPS Technician/Student $ 25,500.00 Fringe CO 7.65% 1,951.00 SUBTOTAL 27,451.00 Travel 3,328.00 Expense • Nutrient Analysis 31,510.00 Maintenance 1,260.00 • SUBTOTAL 32,7/0.00 Subcontract for Microbiology Fecal conforms 468 samples Q$20.00 each 9,360.00 Enterococci 468 samples @$25.00 each 11,700.00 Harding fee(transport to lab)52 x$35.00 1,820.00 SUBTOTAL 22,880.00 Total direct charges: S 86,429.00 Indirect @ 5%: 4,321.00 Total Annual Project $ 90,750.00 'This budget assumes that FDEP will provide a boat for sampling from Marathon office. It also includes analysis of 10 sediment samples each year for metals, pesticides,and coprostanol at no charge to the project. IO 601 Contract Number: 01-DR-16--s111-54-01-001, Modification No. 2 MODIFICATION That Contract numbered 01-DR-16-11-54-01-001 entered into between the State of Florida,Department of Community Affairs(the"Department"), and Monroe County(the "Recipient"), signed on May 7,2001 by the Department is hereby modified as follows: Section 3, Period of Agreement is modified to read as follows: This Agreement shall begin upon execution by both parties and shall end May 31, 2004,unless terminated earlier in accordance with the provisions of paragraph(8)of this Agreement. Attachment A,Scope of Work,"Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is-modified to add section E.3. as follows:' E. 3. The amount of grant funding to be provided will be determined by the number of illegal and inadequate On-site Treatment and Disposal Systems(OSTDS) contained within County designated "cold" spots to be serviced by the system or system extension or expansion. That number should be multiplied by a number no greater than the maximum amount of grant funding allowed per household under the existing Homeowners Wastewater System Assistance Program(HWSAP)of $8,400 to determine the full funding amount toward the overall cost of the system for all users. In the case of centralized system hook-up,while funding depends upon the number of unknown systems, that funding amount will be utilized to offset total system costs for all users. Attachment A,Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is modified in section F 3 to read : F. 3. A completion report(ten copies) from the Recipient to be received by the _Department no later than May 31,2004. Page 1of2 7,7�L�fit;. TiYfre V Attachment A, Scope of Work, "Comprehensive Master Plan for Canals" is modified in section 3. D. to read: 3. D. The Recipient shall submit a final draft Canal Study by no later than June 30, 2002, to the Department for its review, comment, and approval. Except as modified herein,all other terms and conditions contained in said Contract remain in full force and effect,and are to be performed in accordance with the terms of said Contract. IN WfINHSS WHEREOF, the parties have caused this Modification to be executed by their duly authorized representative. MONROE O RD OF COUNTY COMMIS ERS S ATE OF RID + D PARTMENT OF CO f 'F'FAiR By. By. Printed Name: L4eL€S, MCCril H.E. "Sonny Timmerman Title: P Director,Division of Community Planning Date: 2— 2— Date: 3/a%z_ APPROyy��D AS TO A5 TO F� _ T_ AN GAL SUFFICIEN y�(j�F�al t d.‘ BY :ice If( 4 II NE HUTTON .-=: •�'` _ ,- I Y L. KO GE, CLERK IIATF _ Y O2-- ' __ _�= �: I Ali ` -' DEP CLERK Page 2 of 2 V Contract Number. OI-DR-16-11-54-01-001,Modification No. 3 MODIFICATION That Contract numbered OI-DR-16-11-54-01-001 entered into between the State of Florida,Department of Community Affairs(the"Department'),and Monroe County (the"Recipient"),signed on March 20,2002 by the Department is hereby modified as follows: Attachment A,Scope of Work,"Illegal and Severely Inadequate Onsite Sewage System Replacement Program",is modified in section E.3.as follows: ( E. 3. The amount of grant funding to be provided will be determined by the number of illegal and inadequate On-site Treatment and Disposal Systems (OSTDS)contained within the Monroe County designated geographic areas to be serviced by the system or system extension or expansion.That number is to be multiplied by a number no greater than the maximum amount of grant funding allowed per household under the existing Homeowners Wastewater System Assistance Program(HWSAP)of S8,400 to determine the full funding amount toward-the overall cost of the system for all users. In the case of centralized system hook-up, while funding depends upon the number of unknown systems,that funding amount will be utilized to offset total system costs for all users. Except as modified herein,all other terms and conditions contained in said Contract remain in full force and effect, and are to be performed in accordance with the terms of said Contract. IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized representative. // MONROE CO BOARD OF STATE OFA OIIIDA,DEPARTMENT COUNTY CO SSIONERS 76F/CGMMUNITY AFFAIRS By: Printed Name: ,_.:ice't; C ` 1 H.E. "Sonny"Timmerman Title: -='Y L Director, Division of Community Planning Date: . . _' ' — _ /2/?/a �_ _.. Date: APPROVED AS TO F (SEAL) A LEG ORM ATTEST: DANNY L KOINAGE, QERK ROBERT By�'��'( ��yrJ . DATE / - �/ Q DEPUTY CLERK Contract Numbs. 00-DR-I W-I1-54-01-002,Modification No. 4 MODIFICATION That Contract numbered OI-DR-1 W-11-54-01-002,entered into between the State of Florida, Department of Coinmity Affairs(the"Department"),and Monroe Co (the June 17,2002,by the Department is hereby modified as follows: �Y "ttecipm enP�,signed on Section 3,Period of Agreement is modified to read as follows: This Agreement shall begin upon execution by both parties and shall end December 31,2003, unless terminated earlier ip accordance with the provisions of paragraph(8)of this Agreement Attachment A,Scope of Work,"Illegal and Severely Inadequate Oruite Sewage System Replacement Program",Is modified In section 5. C.is follows: 5. C. The amount of grant funding to be provided will be determined by the number of illegal and inadequate On-site Treatment and Monroe County designatedgeographicD�sl Systems(d by the contained system within the areas to be serviced by the system,or syse extension or expansion.That number is to be multiplied by a number no greater than the maximum amount of grant funding allowed per household under the existing Homeowners Wastewater System Assistance Program(HWSAP)of 58,400 to determine the full funding amount toward the overall cost of the system for all users. In the case of centralized system hook-up, while funding depends upon the number of unknown systems,that funding amount will be utilized to offset total system costs for all users. Attachment A.,Scope of Work, "Illegal and Severely Inadequate Onsite Sewage System Replacement Program",Is modified in section 6. C. to read : 6. C. A completion report(ten copies) from the Recipient to be received by the Department no later than December 31,2003. • Except as modified herein,all other terms and conditions contained in said Contract remain in full force and effect,and are to be performed in accordance with the terms of said Contract. IN WITNESS WHEREOF.the parties have caused this Modification to be executed by their duly authorized representative. M NR E CO OF STATE OF/FLORIDA.DEPARTMENT COUNTY MMI TERS OF 0 F AIRS • By: 13y: Printed Name: .•��[ - - - H. E. Sonny Timmerman Title: Director, Division of Community Planning Date: A Date: /'��//r-Z APPROVED AS TO F ,„ �`G O: ' j� 'SEAL) -' ATTEST: DANNY L KOINAGE, QERK DATE —�tCC BYLie.Ja 1 C C . SC'+ i�tH1N� DEPUTY CLERK "`� v VIL VMV V Contract Number OI-DR•lfo•lI -5�)-D r-ro AGREEMENT THIS AGREEMENT is entered into by and between the Florida Department of Community Affairs, with headquarters in Tallahassee, Florida(hereinafter referred to as the"Department"),and Monroe County (hereinafter referred to as the"Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein,and does offer to perform such services,and B. WHEREAS.the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS,the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State laws, rules and regulations. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end May 31, 2002, unless terminated earlier in accordance with the provisions of paragraph (8)of this Agreement. Page 1 of 17 • (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of'Department of Community Affairs', and mailed directly to the Department at • the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with§215.34(2), Fla. Stet, if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars($15.00)or Five Percent(5%)of the face amount of the check or draft. (5) RECORDKEEPING (a) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later,with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at$5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. Page 2 of 17 (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work-Attachment A-and all other applicable laws and regulations. (c) The Recipient its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement,shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable"shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"shall include, but not be limited to, auditors retained by the Department (6) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that lime schedules are being met, the Scope of Work is being accomplished within specified time periods,and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement (7) LIABILITY. My Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Slat, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract (8) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress,the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur('Events of Default"), all obligations on the pan of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make Page 3 of 17 V � any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department,and the Recipient fails to cure said material adverse change within thirty(30)days from the time the date written notice is sent by the Department 3. If any reports required by this Agreement have hot been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipients failure to timely cure, exercise any one or more of the following remedies,either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty(30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail,first class mail, postage prepaid, by registered or certified mail-return receipt requested,to the address set forth in paragraph(10)herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; Page 4 of 17 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend,discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law, (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds;fraud; lack of compliance with applicable rules, laws and regulations;failure to perform in'xtiniely manner, and refusal by the Recipient to permit public access to any document,paper, letter,or other material subject to disclosure under Chapter 119, Fla. Stet, as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient The Department may, to the extent authorized by law,withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. • Page 5 of 17 (9) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested,to the representative identified below at the address set forth below and said notification attached to the original of this Agreement (b) The name and address of the Department contract manager for this Agreement is: Mike McDaniel Growth Management Administrator Room 300D 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)487-4545 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: George Garrett Director of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 (305)289-2507 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in(9)(a)above. (10) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement in any subsequent submission or response to Department request,or in any submission or response to fulfill the requirements of this Agreement,and such information, representations,and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient (b) This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and Page 6 of 17 void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient My power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable,which prohibits discrimination by public and private entities on the basis of disability in the areas of employment public accommodations, transportation, State and local government services, and in telecommunications. (t) A person or affiliate who has been placed on the convicted vendor list or the discriminatory vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list (11) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement. Page 7 of 17 (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department "Reasonable"shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m.to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement (d) In the event that the Recipient expends a total amount of State awards (i.e., State financial assistance provided to recipient to carry out a State project)from all state sources equal to or in excess of$300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fee-al year in accordance with Section 216.3491, Florida Statutes;applkable rules of the Executive Office of the Governor and the Comptroller,and Chapter 10.600, Rules of the Auditor General. In determining the State awards expended in its fiscal year,the Recipient shall consider all sources of State awards, including State funds received from the Department,except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by the Department as a Grant and Ail appropriation. 1. The annual financial audit report shall include all management letters and the Recipients response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in(11)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General • Attn: Ted J Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Page 8 of 17 V1/41 5. In connection with the audit requirements addressed in(d)above, the Recipient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 6. If the Recipient expends less than$300,000 in State awards in its fiscal year,an audit conducted In accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the Recipient expends less than$300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non-State funds(I.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). (e) In the event the audit shows that the entire funds disbursed hereunder,or any portion thereof,were not spent in accordance with the conditions of this Agreement the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Department has notified the Recipient of such non- compliance. (f) The Recipient shall retain all financial records,supporting documents,statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. • (g) The Recipient shall have all audits completed in accordance with 216.3491. Fla. Stat by an independent certified public accountant(IPA)who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven(7)months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. Page 9 of 17 6+ � (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (12) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement,a copy of the executed subcontract must be forwarded to the Department within thirty(30)days after execution of the subcontract. The Recipient agrees to include in the subcontract that(I)the subcontractor is bound by all applicable state and federal laws and regulations, and (i)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (13) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the patties. (14) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A, Scope of Work (15) FUNDING/CONSIDERATION ' This is a fixed fee agreement As consideration for performance of work rendered under this Agreement,the Department agrees to pay a fixed fee of up to$887,800. Payment will be made in accordance with the provisions of Attachment A-Scope of Work. An invoice shall be submitted with each deliverable which is in detail sufficient for a proper preaudit and postaudit thereof. (16) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: Page 10 of 17 V � (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stet or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two(2)years after the initial agreement or for a period no longer than the terra of the original agreement,whichever period is longer,specifying the terms under which the cost may change as deterrtdned in the invitation to bid, request for proposals,or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted In detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stet (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stet, and made or received by the Recipient in conjunction with this Agreement (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida wily not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act (-INA," The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA Such violation by the Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. Page 11 of 17 V V (17) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (18) LEGAL AU_ TH_ ORRgnON The Recipient certifies with respect to this Agreement that it pa cesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise,the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legaly execute and bind Recipient to the terms of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this contract Labe executed by their undersigned officials as duly authorized. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: • BY: Approved as to form and legality: Shirley Freeman, Mayor fie,l'imrsi�ac. Date: / 0 — / 9 - UU /4¢oE ° e0 / $6 r.�` Y L. KOLHAGE, Clerk e. .1!t r a. it ° ¢) D.L. ,t �--= _ % 'y Clerk STATE OF FLORIDA . DEPARTMENT OF COMMUNITY AFFAIRS BY: C — r- Q•CA— Approved as to form and legality: J. Thomas Beck, Division Director of Community Planning Date: I,L-H-el) ' Page 12 of 17 V ATTACHMENT A Scope of Work Illegal and Severely Inadequate Onsite Sewage System Replacement Program A The Recipient shall provide services and provide payment as described in this Scope of Work,to achieve the objectives of this Agreement in compliance with the following: 1. Rule 28-20.100 of the Florida Administrative Code,as amended. B. The Recipient shall establish the following relating to assistance to both single family and multi-family, private residential property owners in Monroe County in eliminating illegal and inadequate On-Site Treatment and Disposal Systems(OSTDS): 1. Procedures for the selection of property owners to receive financial assistance via the Contractor under this Agreement 2. The amount of financial assistance to be given to property owners under this Agreement, by the Contractor in eliminating illegal and inadequate OSTDS. The assistance shall be comparable with the level of financial assistance estimated,at the time of the Departments acceptance of the initial submittal under Item 6A below,to barealized by the residents of the Little Venice area to be served by centralized wastewater transmission, treatment and disposal facilities resulting from the U.S. Environmental Protection Agency Grant C120602- C. The Recipient shall implement a properly value-based sliding scale grant assistance program, using the County's funds,to supplement the assistance made available under the agreement to Monroe County private property owners for eliminating illegal and inadequate OSTDS if the County finds such additional assistance is desirable to carry out the purposes of Rule 28-20.100 of the Florida Administrative Code. Such a sliding scale grant program must emphasize assistance to financially needy households. D. The Recipient shall establish procedures for procurement of equipment, materials and services relating to elimination of illegal and inadequate OSTDS and replacement with On-site Wastewater Nutrient Removal Systems(OWNRS)..the funding of which Is wholly or partly provided under this Agreement Procurement procedures shall assure that only OWNRS meeting the statutorily required treatment levels are furnished and installed using funds made available under this Agreement The Department recognizes the Contractor's regulatory determination in the issuance of the construction permit and the issuance of the operating permit to ensure that the installed OSTDS eliminates the illegal and inadequate OSTDS. Alternatively, procurement procedures may allow for replacement of illegal and inadequate OSTDS with centralized wastewater transmission,treatment and disposal facilities. Procurement procedures shall not arbitrarily preclude any responsible firms and companies possessing the ability to successfully perform services related to elimination of illegal and inadequate OSTDS and meeting other requirements pursuant to this Agreement from providing such services. In conjunction with these procedures, a standardized subagreement or work order authorizing specific costs to be incurred by third parties and incorporating appropriate requirements set forth in this Agreement shall be developed; similarly, standardized documentation of costs incurred or invoiced by third parties shall be developed. Page 13 of 17 (r E. As consideration for the services to be rendered under the terms of this Agreement, the Department shall authorize disbursements as described below. 1. An amount not to exceed S624,850 shall be made available as the State's share of the eligible cost to eliminate illegal and inadequate OSTDS located on privately owned residential properties classified as either single family or multi-family residential properties. Eligible costs include abandonment of illegal and inadequate OSTDS; furnishing and installing OWNRS, including any required disinfection facilities; providing centralized wastewater transmission, treatment and disposal facilities; and required technical services excepting those required to be performed by a governmental entity(e.g., Florida Department of Health's permitting activities). Reimbursement for the purchase of equipment and materials for the furnishing and installing of OWNRS on private property Is specifically authorized. Such equipment and materials may be retained by property owners provided the equipment is to be properly operated and maintained. The Recipient shall retain the documentation listed below for each illegal and inadequate OSTDS eliminated using funds made available under this agreement Identification of each property location, including the individual area designated'in the County's Rate of Growth Ordinance,at which an illegal and inadequate OSTDS was eliminated. ii. Description of each OWNRS or the connection .to centralized wastewater transmission, treatment and disposal facilities provided as part of the illegal and inadequate OSTDS elimination. For each property location under Item I above,the identification of the brand name or manufacturer of the OWNRS furnished;the name of the contractor that installed the OWNRS or that made the connection to centralized wastewater transmission, treatment and disposal facilities; and the engineer responsible for preparation of construction drawings and specifications. iv. Certification by the appropriate permitting authority that the OWNRS is designed to meet the required treatment levels was furnished, and was installed and made operational or that the connection to centralized wastewater transmission,treatment and disposal facilities was made. v. Identification of the total cost of each operational OWNRS or connection to centralized wastewater transmission,treatment and disposal facilities; the share due under this agreement the sham of the cost paid from the County funds(if any);and the local residents share. vi. Certification of no double benefits(i.e., no part of the costs invoiced for disbursement by the Department under this agreement has been or will be requested to be paid, reimbursed, or otherwise funded by another agency). vii. Certification that the initial report under Item 6.A below and all quarterly reports due under Items 6.0 and 6.D below have been submitted to the Department. viii. Certification by the owner of the property on which an OWNRS was installed that the OWNRS will be properly operated and maintained on a continuing basis. • Page 14 of 17 hire 2. The Recipient shall not use State funds made available under this agreement for direct salaries and multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for its employees or for any of its employees' travel expenses. No funds made available under this agreement shall be used for contract management expenses that may be incurred by the Recipient or Florida Department of Health. F. The Recipient shall submit, or cause to be submitted the following deliverables to the Department The Department shall have twenty(20)days to review and accept reports or return reports to the Contractor or County,as appropriate,for correction. The deliverables are as follows: 1. The Department shall pay $624,850 to the Recipient following the Department's receipt review, and acceptance of the Memorandum of Understanding between the Florida Department of Health, Monroe County Health Department and the County to implement a Homeowners Assistance Program that is revised to reflect the additional funding in this contract received no later than January 15,2001. 2. Progress reports from the Recipient for the calendar year quarterly periods ending September 30, December 31, March 31, and June 30 of each year beginning January 1, 2000, and continuing throughout the remainder of the period during which this Agreement is in effect Progress reports shall be submitted to the Department within twenty(20)days after the end of each quarter and shall contain the following information relating to the elimination of illegal and inadequate OSTDS. The number of OSTDS eliminated and their location indicating, at a minimum, the County's Rate of Growth Ordinance (ROGO)area and a description of either the OWNRS installed or the connection to centralized wastewater transmission, treatment and disposal facilities. ii. The number and status of OSTDS for which elimination is underway. iii. The projected schedule to complete all project work under this agreement iv. The funds expended during the reporting period and the funds remaining to be disbursed for OSTDS elimination under this agreement 3. A completion report(ten copies)tom the Recipient to be received by the Department no later than December 31,2001, summarizing the quarterly reports prepared by each party. Page 15 of 17 C COMPREHENSIVE MASTER PLAN FOR CANALS 1. The Recipient shall prepare a comprehensive master plan (hereinafter called 'Canal Study) for improving water quality in residential canals to fulfill the requirements of Objectives 202.14 and 202.15 of the Monroe County Year 2010 Comprehensive Plan. 2. The Recipient shall submit,or cause to have submitted to the Department the deliverables in 3. to the Department The Department shall have twenty(20)days to review and accept reports or return report to the County for correction. 3. The Department shall pay a total amount not to exceed$175,000 in accordance with schedule of deliverables and disbursements as specified below A The Recipient shall submit by no later than November 10, 2000, to the Department for its review and approval, a draft Request for Proposal package for soliciting consultant responses to prepare the Canal Study. B. The Recipient shall submit by no later than January 15,2001,to the Department for its review and approval, a draft copy of the work scope for services to be performed to prepare the Canal Study and its estimated costs. C. If the Department approves the Scope of Work and Its estimated.costs the Department shah pay the Recipient up to 5175,000 upon its receipt of the executed contract to prepare the Canal Study between the Recipient and its consultant which shall be submitted no later than May 31, 2001. D. The Recipient shall submit a final draft Canal Study by no later than March 15,2002,to the Department for its review, comment and approval. E. The Recipient shall submit to the Department a final Canal Study by no later than thirty(30) days after receiving the Departments written comments. F. The Recipient shall prepare progress reports for quarterly periods ending March 31,June 30, September 30, and December 31 of each year.beginning January 1, 2001 and continuing throughout the remainder of the period during which this Agreement is in effect Progress reports shall be submitted to theDepartnent within twenty(20)days after the end of each quarter and shall contain information on work completed during the quarter, consultant invoices and reports, work expected to be completed in next quarter, and identify any unanticipated problems or delays in completing the project on schedule and within budget G. The Recipient shall submit a completion report(ten copies)to the Department no later than May 31, 2002, summarizing the quarterly reports prepared. Page 16 of 17 0 POST-DISASTER REDEVELOPMENT PLAN 1. The Recipient shall prepare a Post-Disaster Redevelopment Plan to fulfill the requirements of Objective 217.2 of the Monroe County Year 2010 Comprehensive Plan. 2. The Recipient shall submit, or cause to have submitted to the Department the deliverables in 3. to the Department The Department shall have twenty(20)days to review and accept reports or return report to the County for correction. 3. The Department shall pay a total amount not to exceed $87,950 in accordance with schedule of deliverables and disbursements as specified.below A. The Recipient shall submit by no later than November 30 2000,to the Department for its review and approval,a draft Request for Proposal package for so&c(ting consultant responses to prepare the Post-Disaster Redevelopment Plan: B. The Recipient shall submit by no later than February 29,2001, to the Department for its review and approval, a draft copy of the work scope for services,to be performed to prepare the Post- Disaster Redevelopment Plan and its estimated costs. C. If the the a Department approves the Scope of Westimated Work and its costs the Department shall pay theRecipient up to$87,950 upon its receipt of the execut d�conbactto prepare the Post-Disaster Redevelopment Plan between the Recipient and its consultant which shall be submitted no later than May 31, 2001. H. The Recipient shall submit a final draft Post-Disaster Redevelopment Plan by no later than December 31, 2001,to the Department for its review,comment, and approval. I. The Recipient shall submit to the Department a final Post-Disaster Redevelopment Plan by no later than thirty(30)days after receiving the Department's written comments. J. The Recipient shall prepare progress reports for quarterly periods ending March 31, June 30, September 30, and December 31 of each year beginning January 1, 2001 and continuing throughout the remainder of the period during which itt Agreement is in effect Progress reports shall be submitted to the Department within twenty(20)days after the end of each quarter and shall contain information on work completed during the quarter,consultant invoices and reports, n�expected to be completed in next quarter,and Identify any unanticipated problems or delays completing project ject on schedule and,within budget. K .The Recipient shall submit a completion report(ten copies)to the Department by no later than March 31,2002,summarizing the quarterly reports.prepared. :., Page 17 of 17 Exhibit I • 410 hill • Key Largo Wastewater Treatment District OPERATING ET For the Fiscal Year Ending September 30,2003 OPERATING REVENUE Wastewater Billed Revenue 343601 $ Description Connection Fees - Late Fees 343605 - Turn pn Fees 343600 - Miscellaneous-Service Charges 343607 - investment Earnings 343608 - Monne Cony Loan Proceeds 34t01 Total Revenues 380001 Loan from Monroe County for operations of District. OPERATING EXPENSES Board Eipenses ' Cornndstlaw'a Fees 511001 j Postage&Delhredi Expense ng 511002 '2,250 �� •'�Rs4,500 per month. Copyfittinting/BinPostage Expense 511003 Z700 $300pernmrtln , . insurance "nnME_ 511009 Bad Debt Expense a 511005 5•090 Lump Inquire w1M FLC for coverage. 0 MisclAdverusttnrnb 511006 750 Sank 511007 omen and legs a s fees. Office Supplies 511008 1,500 j2W Dery office legit ads Travel &Subsaip0pns 511009 175 O aCA nnual supply- expenses. Rents and Leases 511011 511010 4,500 Travel by Board Members an Olfictal Business. Telephone 511012 9•000 Lease of office space and Utilities 900 S100permpngu copier/fax. Regulatory/Permit Fees 51101351,350 S750 par month for office space water, Reserve for Con&gencks 0 electric.etc. Cuslonrcr Outreach/Marketing 515011 515003 �' AOoeatbn for unferseen« Subtotal 0 expenses with startup. Board Expenses S 114,425 Operating and Management Services Operations&MSnrenanasContract 512001 j - Wing&Customer Service Contract 512003 Management Contract Subtotal Operations,&Maintenance Sr. 512005 S 74,W0 Sclud so.Jan.Apk and ac00/mo,grfuncon Pri fesaionai Services 74,000 includes board derkard aemuidtog functions. Legal•General Counsel 514001 Udy Rate Consultant 514003 S 100.000 re eel oDttmon0l, Engineering Serrkes 514004 15,000 Eosatte 3.200 month. Rains Mudd&Accounting Fees 514006 30.000 Annual Audit andpermpnpi. Lab Services 514007 10.000 Arm�l and Fnlde!alSMgk AudL PP'OMS,J1-133. Contrite.'Support 51t012 • 0 0 Subtolil Professional Services Total Operating Expenses �ST� QS NON-OPERATING EXPENSES Capital-Fixtures,Fredhse&Equipment ' 166901 Teta/NonOperathig Expenses —S 5.000 5 000 Total Expenses 3'Mi Surplus(Death) Prepared January 21,2003 V KEY LARGO WASTEWATER TREATMENT DISTRICT FIVE YEARCAPITAL IMPROVEMENT PROGRAM For Fiscal Yean FY 2003•FY 2007 (S000) PROI NO. PROJECT Rind Source FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 Total K10301 Kay Largo Pan Conelnxton KL21 4100A00 S 600400 S 060,000 S - S • S 1,6642.000 K10301 Key Lego Park Cormiuclgn KL22 - 60,100 160.700 239100 2 Kew largo Trailer Silage CowbWlyn 1�3 59 00 ,.354.3330o09q 2566.700 - - 1.960.000 K10302 Key Laryo Trailer VSago Cdlabuc%on KL2a 196440 1.173.220 Ip S,W a - : ZO'� ,aggge Taal yafseo I 4,021.504 I 6,566,606 I .{ - 1{ . 429.404 Sources of Ponds Sate of FMJ*DEP AgganeN Na LF033a KLII 1 100,000 600,000 .g6p KL?3 359.400 ,958.600 ].5 -I - A60A00 FEW GronlAeldby .500 Saab a OC.3 Crary Funding 10.2] 60A00 354,300 666.700 �� 1 Total KL21 19�0l10p 1,176,2W 1 100 y�n'0�, I. asa300 . mists00 F. 11 Prepared li usry 21.2003 Exhibit J 1411/0 410 AMENDED RESOLUTION 2003 • A RESOLUTION BY THE KEY LARGO WASTEWATER TREATMENT DISTRICT BOARD OF COMMISSIONERS REQUESTING THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT A MUNICIPAL SERVICES TAXING UNIT ("MSTU") AND ESTABLISHING A SUGGESTED MSTU MILLAGE RATE FOR KEY LARGO WASTEWATER TREATMENT DISTRICT • WHEREAS, the establishment by the Monroe County Board of County Commissioners of a MSTU would serve a valid county purpose and a special district purpose, specifically for water, wastewater and sewage collection and,disposal and related municipal services; WHEREAS, pursuant to section 125.01(2), Florida Statutes, the Board of County Commissioners shall be the governing body of any MSTU created pursuant to section 125.01(1)(q), Florida Statutes; WHEREAS, the Board of Commissioners of the Key Largq' Wastewater Treatment District desires to request the Monroe County Board of County Commissioners to establish a MSTU for the District,pursuant to section 125.01(1)(q), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT: I. The Board hereby requests the Monroe County Board of County Commissioners to establish a MSTU for the District, pursuant to section J25.01(I)(q), Florida Statutes. 2. The Board hereby recommends that a millage rate not to exceed .35 should be applied to the Board's request to the Monroe County Board of County Commissioners of establishment of a MSTU. PASSED AND ADOPTED this 29th day of January,2003. FAILED this day of January,2003. KEY LARGO WASTEWATER TREATMENT DISTRICT GO r q BOARD Al _ate Chair,K-y rgo Waste /. frt District Secretary • I:Clieni DocumentsV(ry Largo WTa17244OQ\MisCVbsolmIon-Amended re AISTU.doc diOrdinance Creating Key Largo Wastewater Treatment District MSTU MONROE COUNTY, FLORIDA ORDINANCE NO. AN ORDINANCE OF MONROE COUNTY, FLORIDA, CREATING THE KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE -- TAXING UNIT LOCATED WITHIN TEE • UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA, TO PROVIDE WASTEWATER AND RECLAIMED WATER SERVICES AND FACILITIES; DEFINING THE BOUNDARIES OF THE UNIT; AUTHORIZING THE BOARD TO ANNUALLY LEVY AD VALOREM TAXES WITHIN THE BOUNDARIES OF SUCH UNIT NOT TO EXCEED 0.35 MIL; AUTHORIZING THE USE OF THE TAX REVENUE FOR ENUMERATED PURPOSES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: SECTION 1. TITLE. This ordinance may be cited as the Key Largo Wastewater Treatment District(KLWTD) Municipal Service Taxing Unit(MSTU). SECTION 2. AUTHORITY AND PURPOSE. (A) This Ordinance is enacted under the authority of Article VIII, Section 1, Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes. The Board of County Commissioners (the "Board") of Monroe County, Florida, has all powers of local self-government to perform county and municipal functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances and resolutions. (B) Section 125.01(1)(q) Florida Statutes, provides specific legislative authorization for counties to establish a municipal service taxing unit for any part or all of the unincorporated areas within its boundaries, or within the municipal boundaries of an incorporated area upon consent of the governing body of such municipality, within which may be provided essential facilities and services. (C) The purpose of this Ordinance is to create a municipal service taxing unit to fund the provision of municipal services associated with the administration, planning and Ordinance Creating Key Ingo Wastewater Treatment District MSTU development of wastewater and reclaimed water projects within the municipal service taxing unit as generally described in Section 3 of this Ordinance. This Ordinance shall be liberally construed to effect the purposes hereof. (D)Wastewater TreatmentsOr iinancet ts and�adopted fU EI!n the Board'srequest f the � ego Transition Agreement by and between theobligations under a Florida Keys Aqueduct AuthorityLargo Wastewater Treatment ide-him the (the "Authority"), and the Board to-provide-limited fording source for the reimbursement and provision of municipal services relating to administration, planning and development of wastewater and reclaimed water projects (the"Transition Agreement). SECTION 3. CREATION OF MUNICIPAL SERVICE TAXING UNIT. (A) Pursuant to the provisions of section 125.01(I)(q), Florida Statutes, there is hereby created a municipal service taxing unit for that portion of the County within the unincorporated of Key Largo under the jurisdiction of the KLWTD. Stich municipal service taxing unit shall be known as the Key Largo Wastewater leatment District Municipal.Service Taxing Unit. All matters concerning such municipal service taxing unit shall be governed by the Board. (B) The boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing Unit (MSTU) are also described in Exhibit A hereto and same are incorporated by reference. (C) From time to time the Board may by resolution take any action not inconsistent with this Ordinance or the Transition Agreement to assist the KLWTD in funding the administration, planning and development of wastewater and reclaimed water projects within and benefiting the Key Largo Wastewater Treatment District Mnnicipal Service Taxing Unit. SECTION 4. AUTHORIZATION OF AD VALOREM TAXES. (A) The Board is hereby authorized, in the manner and under the authority provided by section 125.01(1)(q) and (r), Florida Statutes, to levy and collect additional ad valorem taxes at a millage rate not to exceed 0.35 mil upon real and personal property within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit commencing with County fiscal year 2003-2004. The foregoing millage limitation shall not be increased without the Key Largo Wastewater Treatment District first adopting a resolution consenting thereto. 2 4 v► Ordinance Creating Key Largo Wastewater Treatment District MSTU (B) The collection of ad valorem taxes as authorized herein shall cease after four (4) consecutive fiscal years and the Key Largo Wastewater Treatment District Municipal Service Taxing Unit shall terminate at the end of County fiscal year 2007-2008. SECTION 5. USE OF REVENUE;IMPLEMENTATION. (A) Revenues derived from ad valorem taxes levied within the Key Largo Wastewater Treatment District Municipal Service Taxing Unit pursuant to Section 4 shall be used solely to pay for and provide funding for administration, planning and development costs associated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Key Largo Wastewater Treatment District Municipal Service Taxing Unit (B) The Board shall adopt a budget for the Key Largo Wastewater Treatment • District Municipal Service Taxing Unit for the fiscal year beginning October 1, 2003, and each year thereafter, at the same time and in the same manner as the County budget. Such budget shall contain all or such portions of the costs incurred and planned in conjunction with the funding of municipal services contracted to betprovided by the Authority under any interlocal agreement. SECTION 6. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole, or any part thereof; other than the part declared to be invalid. SECTION 7. CONFLICT WTTH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION S. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of • Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 9. EFFECTIVE DATE. (A) The effectiveness of this Ordinance shall be subject to the Key Largo Wastewater Treatment District adopting a resolution consenting to the inclusion of the unincorporated areas of the Key Largo Wastewater Treatment District within the boundaries of the Key Largo Wastewater Treatment District Municipal Service Taxing Unit. 3 1✓ Ordinance Creating Key Largo Wastewater Treatment District MSTU (B) This Ordinance shall be filed with the Department of State prior to June 30, 2003. (C) After enactment by the Board, this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. [Remainder of page intentionally left blank] . •- • -- 4 Ordinance Creating Key largo Wastewater Treatment District MSTU PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on this 19t6 day of March 2003. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner Charles"Sonny" McCoy _ Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COM)VIISSIONERS OF MONROE COUNTY,FLORIDA (SEAL) By: Mayor/Chairperson Danny Kolhage, Clerk By: Deputy Clerk • • 1t► V Ordinance Creating Key Largo Wastewater Treatment District MSTU EXHIBIT A KEY LARGO WASTEWATER TREATMENT DISTRICT MUNICIPAL SERVICE TAXING UNIT AREA The Municipal Services Taxing Unit will include all areas within the boundaries of the Key Largo Wastewater Treatment District inclusite as identified in the attached map graphic. • • A-I Ordinance Creating Key Largo Wastewater Treatment District MSTU Key Largo Wastewater Treatment District AIM \MUMS Ina �5/1 - • _,IA's' lr dirsrs.qpittk 111 ir ►.�- ar- I.Pa /«//fir 0 ..: I: r.r, IrOr It Legend 1.1 Key Law Parcels Boundary A-1 Feb ') t 03 03:36p Growth Mgt (305' 0S-2854 02/11/2003 NH I0:08 FAX [v.a29 0013 Corm Services Cron V ®002/002 AMENDED RESOLUTION 2003-4 • A RESOLUTION BY TRU KEY LARGO WASTEWATER TREATMENT DISTRICT BOARD OF COMMISSIONERS REQUESTJNG TUE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT A MUNICIPAL SERVICES TAXING UNIT (^MSTU•n AND ESTABLISHING A SUGGESTED MSTU MU.LAGE RATE • - FOR KEY LARCO WASTEWATER TREATMENT DISTRICT . . ... • WHEREAS,the eatahlidonent by the Monroe County Booed of County Cpmmissiopms of a MSTU would save a valid county purpose and a speoal district purpose,specifically for water, westewata and sewage collection and disposal and relatedmmiicipal services; WHEREAS, pursuant to section 125.01(2), Florida Statunr, the Bond of County Commissioners shall be the governing body of any MSTI) treated 125.01(1XO,Florida Statutes; pursuant to so on WHEREAS, the Board of Commissioners of the Key Largo Wastewateo Treatment District desires to request tho Monroe County Board of County Commissions 10 establish a • MSTU Ste the District,pursuant to sesiM 125D1(IXo),Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT: 1. The Board hereby requests the Monroe County Baud of County Commissioners to establish a MSTU for the District,.pursuam m scaion 125.01(1Kq),Florida Statutes. 2. The Board hereby re onune0da that a name age rate not to exceed .35 should be applied to the Board's request to the Monroe County Board of County Commission°,ofesublishmat of a MSTU. PASSED AND ADOPTED this 290t day ofJamay,2003. FAILED this dayofJamoy,2003. KEY LARCO WASTEWATER TREATMENT DISTRICT CO V RNING BOARD Savecvy - • urn,mai.y.sy tap umam9mmM twine v..n.wrmuarue,a V0 Exhibit K r_ - r ,am g UnLed States Department of t� Interior ' FISH AND ,,e WILDLIFE SERVICE South Florida Ecological Services Office 1339 206 Street Vero Beach,Florida 32960 June 11, 2001 William R. Straw '^ I O E 6 E D d Il i Regional Environmental Officer IIIUUII-IIUU(II Federal Emergency Management Agency —Jai 2 0221 3003 Chamblee Tucker Road '1 Atlanta, Georgia 30341-4130 GROWTH MANAGEMENT r ISION ', Log No.: 4-1-00-F-736 Dated: December 18, 2000 Applicant: Federal Emergency Management ,Agency County: Monroe Dear Mr. Straw: - - This document transmits the Fish and Wildlife Service's (Service)Biological Opinion based on our review of the Federal Emergency Management Agency's (FEMA)proposal to construct the Key Largo Wastewater Treatment Plant (WTP)and its effects on the endangered Schaus swallowtail butterfly(Heraclides aristodemus ponceanus), the threatened Stock Island tree snail (Orthalicus reses), and the threatened eastern indigo snake (Drymarchon corals covert) in accordance with section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1631 et seq.). Your request for consultation was received on December 18, 2000. This Biological Opinion is based on information provided in the October 30, 2000, draft Endangered Species Biological Assessment (FEMA 2000), telephone conversations with FEMA and Monroe County representatives, species experts, members of the public, field investigations, and other sources of information. A complete administrative record of this consultation is on file at the Florida Keys Ecological Services Field Office on Big Pine Key, Monroe County, Florida. Consultation history The Biological Opinion presented here is the result of informal coordination and consultation between the Service and FEMA. This consultation history represents coordination letters and documents from this process. On April 7, 2000, the Service sent a letter to Monroe County informing the County of the presence of several federally-listed threatened and endangered species on Key Largo, and expressing an interest in assisting the County in the selection of wastewater treatment plant facility locations. V On June 23, 2000, the Service sent a letter to FEMA identifying the possible use of Federal funds for the proposed Key Largo WTP. The Service requested that FEMA evaluate the proposed construction for impacts to threatened and endangered species and initiate consultation in accordance with section 7 of the ESA. On July 7, 2000, FEMA sent a letter to the Service acknowledging that Federal funds through FEMA's Hazard Mitigation Grant Program were being used for the proposed Key Largo WTP, and requested initiation of formal consultation to determine if construction of the proposed project would result in adverse effects to threatened and endangered species. A preliminary environmental assessment prepared by Monroe County describing the location and environmental conditions of the proposed site was included for the Service's review. On July 14, 2000, the Florida Fish and Wildlife Conservation Commission sent a letter to FEMA expressing a concern that the site selected for the Key Largo WTP at Mile Marker 100.5 on Key Largo was important habitat for both State and federally-listed threatened and endangered species and recommended against FEMA funding for the project at this location. On July 28, 2000, the Service sent a letter to Carlton Fields, Attorneys at Law, informing them that the Service was consulting with PEMA on the Key Largo WTP; a Biological Opinion would be prepared, if necessary; and preparation of a Habitat Conservation Plan is not required by section 7 of the ESA. On October 30, 2000, FEMA sent a draft Biological Assessment (BA)to the Service for the Key Largo WTP. On December 14, 2000, the Service sent an email correspondence to FEMA requesting that • FEMA initiate formal consultation for the Key Largo WTP since the BA for the project identified the potential for take of the Schaus swallowtail butterfly, the Stock Island tree snail, and the eastern indigo snake. On December 18, 2000, FEMA sent a letter to the Service requesting initiation of formal consultation for the Key Largo WTP. On December 20, 2000, the Service sent a letter to FEMA acknowledging receipt of FEMA's request for formal consultation for the Key Largo WTP. In that letter, the Service concluded that all necessary information for the consultation had been received and established a date of May 4, 2001, for the completion of the Biological Opinion. BIOLOGICAL OPINION Description of the proposed action FEMA is proposing to construct the Key Largo WTP on a 23-acre tropical hardwood hammock parcel located at Mile Marker 100.5, Key Largo, Monroe County, Florida (Figure 1). Anticipated impacts of the project include destruction of 2.6 acres of tropical hardwood 2 b hammock that provide habitat for the Schaus swallowtail butterfly, the Stock Island tree snail, and the eastern indigo snake. Conservation measures proposed for this project include the establishment of a conservation easement over the unused 20 acres of tropical hardwood hammock remaining on the project site, 0.4 acre of on-site hardwood hammock restoration, and specific construction procedures aimed at impact avoidance. For the purpose of this consultation, the action area will be defined as the 23-acre parcel of land proposed for the Key Largo WTP. Key Largo is a long, narrow island situated in a northeast to southwest direction and is composed of Key Largo limestone, a porous limestone formed by ancient reef formations. The 23-acre action area consists mainly of tropical hardwood hammock, with minimal disturbed areas consisting of old clearings and debris located near the edges of the property. The property is located immediately south of U.S. 1 and Mile Marker 100.5, and lies adjacent to existing protected hardwood hammocks to the east and south and commercial development to the west. The action area has been targeted for acquisition by the State of Florida's Conservation and Recreational Lands(CARL)program under the Florida Keys Ecosystem proposal and is part of the larger 191-acre Newport Hammocks project. Prior to purchase by Monroe County for the Key Largo WTP, the action area had been surveyed for purchase through CARL and acquisition was underway. Tropical hardwood hammocks are closed canopy forests, dominated by a diverse assemblage of evergreen and semi-deciduous tree and shrub species, mostly of West Indian origin. Vegetation on the action area is typical of more mature hammocks on the Keys, with a varied overstory including poisonwood (Melopium toxijerum), West Indian mahagony(Swietenia mahagont), wild tamarind (Lysiloma latilisiliguum), gumbo limbo (Bursera simaruba), pigeon plum (Coccoloba diversijolia), and ironwood (Krugiodendron jerreum). Understory plants are diverse and varied, but include both wild lime (Zanthoxylum jagara) and torchwood (Amyris elemijera),species specifically utilized by Schaus swallowtail butterflies for egg deposition and larval host plants. • Tropical hardwood hammocks are found nearly throughout the southern half of south Florida, with large concentrations in Miami-Dade County on the.Miami Rock Ridge, in Miami-Dade and Monroe counties in the Florida Keys and along the northern shores of Florida Bay; and in the Pinecrest region of the Big Cypress Swamp. Tropical hardwood hammocks are critical habitat for many West Indian plant species and provide important habitat for many species of wildlife, including nine federally-listed species. While the majority of the remaining tropical hardwood hammocks outside the Florida Keys are in public ownership, hammocks are still significantly threatened by development in the Florida Keys, with Key Largo containing the largest stands of intact hammock remaining on the Keys. Tropical hardwood hammocks have been heavily impacted by conversion to agriculture, exotic plant and animal species, collecting pressure on plants and animals, anthropogenic fires, and alterations in hydrology. 3 V Status of species/critical habitat The Service has determined that the proposed action may adversely affect the Schaus swallowtail butterfly, the Stock Island tree snail, and the eastern indigo snake. Critical habitat has not been designated for any of these species. Schaus swallowtail butterfly A. Species description The Schaus swallowtail is a large blackish-brown butterfly with contrasting markings that are mostly dull yellow(Service 1999). Their antennae are black with a yellow knob that has a black tip. Their forewings have a dull yellow median band from the apex to about midpoint of the inner margin, with a short side branch to costa about 1/3 distance from the apex. Their subterminal and terminal lines consist of lunular yellow spots from apex to anal angle. Their , hindwings have a yellow median band continuing that of the forewing, and a submarginal row of large yellow lunular spots; the concavities of a deeply scalloped outer margin have yellow edging. Their blackish tail is straight-edged (not teardrop-shaped), and is bordered with yellow. The tails have a hollow red spot along the anal margin just above the anal angle, with bluish scaling. The underside of a Schaus swallowtail wing is yellow with black shading mostly in the median and submarginal areas of the forewing, and in the terminal area and tails of the hindwing. A dull brownish red median band extends from costa to inner margin of the hindwing, narrowing before touching these margins. There is extensive bluish scaling along the outer edge of the reddish band of the wing. The wingspan is 2.9 to 4 inches(8.6 to 9.5 cm) (Covell 1985). The Schaus swallowtail butterfly is most easily confined with the giant swallowtail butterfly (Heraclides cresphontes) Cramer, which is widespread in eastern North America and also occurs in habitat occupied by the Schaus swallowtail. The two butterflies are easily separated by size and color: the giant swallowtail is larger than the Schaus swallowtail and is more nearly coal- black with brighter yellow lines. The giant-swallowtail has a broader median forewing band that is more broken into spots, and is less separated from the submarginal band toward the apex. The giant swallowtail antennae are solid black and its tail is teardrop-shaped, yellow inside bordered with black edging. The reddish markings on the underside of its wings are less brownish and much less extensive than on the Schaus swallowtail (Service 1999). B. Life history Distribution and habitat: The present distribution of the Schaus swallowtail butterfly is limited to undisturbed tropical hardwood hammocks in insular portions of Miami-Dade and Monroe counties from Elliott Key in Biscayne National Park in the northeast southwest to northern Key Largo (Service 1999 - Figure 1). Individuals have been seen in and adjacent to the Crocodile Lakes National Wildlife Refuge. Captive bred butterflies have been released on six sites in North Key Largo. 4 There have been two recent possible, but unverified, sightings of Schaus swallowtail butterflies in the lower Keys. One Schaus swallowtail was seen on Big Pine Key in 1966 (Service 1999). Mother Schaus swallowtail butterfly was sighted on Lignumvitae Key, a State park, in 1973 (Covell 1977). A 1984 survey from Elliott Key to Key West found no Schaus swallowtail butterflies south of north Key Largo, although a verified sighting occurred on Upper Matecumbe Key in 1986 (Service 1999). In 1985, over 400 Schaus swallowtail butterflies were seen in Biscayne National Park, and a few were spotted at four sites in northern Key Largo (Service 1999). In 1986, the population of adult Schaus swallowtail butterflies on Elliott Key was estimated at 750-1,000 individuals; in the same year, there were an estimated 50-80 individuals (adults and immatures) on each of Old Rhodes, Totten,,and Adams Keys(Emmel 1986a). The Schaus swallowtail butterfly was described by S haus in 1911 from m specimens collected in May 1898, in the south Miami area. The last known mainland specimen was collected in Coconut Grove, Dade County, in May 1924 (Service 1999). One older speclmenrwas reportedly collected in Key West (Service 1999). A colony flourished from 1935 to 1946 on Lower ' Matecumbe Key(Service 1999, Grimshawe 1940), with a single capture recorded therein 1964 (Service 1999). The Schaus swallowtail butterfly has been known to occur on northern Key Largo from 1940 to present, although rare since the mid-1970s(Service 1999). TheSchaus swallowtail butterfly has been known to exist on the larger islands of Biscay National Park since 1972 (Brown 1973, Covell and Rawson 1973). The Schaus swallowtail butterfly occurs exclusively in mature subtropical dry forest (hardwood hammocks)that are now extensive only in the upper Keys in Miami-Dade and Monroe counties (Service 1999). Adults of this species may fly in clearings and along roads and trails, or even out over the ocean for short distances (Rutkowski 1971, Brown 1973), but they typically remain in the hammocks proper(Rutkowski 1971). Nectaring activity usually occurs on blossoms of wild coffee, guava(Psidium guajava), or cheese shrub (Morinda royoc), along the margins of these hammocks; they rarely feed in areas open to direct sunlight (Service 1999, Rutkowski 1971). Other characteristics of Schaus swallowtail butterfly habitats are that they are relatively high elevation (3 to 4.6 m above sea level), away-from tidal waters, and have a mature overstory of trees such as gumbo limbo, pigeon plum, black ironwood (Krugiodendron ferreum), West Indian mahogany, and wild tamarind (Covell 1976). Dense, mature subtropical hardwood hammock habitat on well-drained substrate with dappled sunlight penetration are essential for the continued survival of both the Schaus swallowtail butterfly and its primary food plant, torchwood (Amyris elemifera) (Emmel I 985a, Service 1999, Covell 1976, Rutkowski 1971, Brown 1973, Loftus and Kushlan 1984): The minimum area required for a viable population is not known nor is the optimum density of primary and secondary food plants in the habitat. Behavior: The Schaus swallowtail butterfly is territorial to the extent that males have been observed to investigate other males entering their territories within hardwood hammocks (Emmet 1985a). Male butterflies have also been reported as they patrolled the tree tops at a 5 V height of 10 feet or more during the hot afternoon on bright days, sometimes descending into open spaces to investigate any otherH.c.ponceanus(Rutkowski 1971). Emmet (1985a) also notes that male Schaus swallowtail butterflies are remarkably adapted to flight within hardwood hammocks and are able to pick their way among branches and around spider webs. The Schaus swallowtail butterfly spends much of its time within hammocks, particularly where sunlight penetrates to give a dappling effect (Emmel 1985a). Courtship has been observed along narrow trails cut through the hammock(Rutkowski 1971). Open areas, such as trails or clearings within or near the dense hammock, are requisite for courtship activity and nectaring. These open areas may be natural or man-made. The Schaus swallowtail butterfly appears to be strictly diurnal. While no mass migration of the Schaus swallowtail butterfly has ever been reported, an individual was followed as it crossed a half-mile expanse of Biscayne Bay between two islands (Brown 1973). In 1986, a Schaus swallowtail butterfly was seen crossing about 360 meters from Old Rhodes Key to Swan Key(Service 1999). These observations suggest that these butterflies can travel across open water for a considerable distance among the upper Keys and may be able to travel to and from the mainland. Adult Schaus swallowtail butterflies are active primarily in May and June;with most sightings recorded between mid-April and mid-July(Service 1999). A few August and September records suggest either delayed-emergence during a year or a facultative second brood (Service 1999, Brown 1976). There is only one generation of Schaus swallowtail butterflies per year and adults are short-lived (Emmet 1985a). There is some evidence from rearing that diapause may extend for at least 2 years (Grimshawe 1940). If this occurs in natural populations, the Schaus swallowtail butterfly could survive extreme droughts in the season following its larval development by delaying emergence, perhaps until July-September or later(Rutkowski 1971). Some adults are active during July-September as well as during the normal flight period of late April through early July (Brown 1973). Feeding: Young caterpillars use tender, young leaves of plants, such as wild lime, and will avoid tougher, older leaves. However, fifth (final) instar larvae have been observed eating tougher older leaves of torchwood and prickly-ash(Service 1999, Rutkowski 1971). Adults have been observed taking nectar from blossoms of guava, cheese shrub, blue porterweed (Stachylarpheta jamaicensis), sea grape, dog's tail (Heliotropium angiospermum), lantana (Lantana involucrara), salt-and-pepper(Melanthera nivea), and wild coffee(Emmel 1986a, Service 1999, Rutkowski 1971). Reproduction: While mating has not been observed in the wild, oviposition in nature has been described. The Schaus swallowtail butterfly uses torchwood and wild lime to deposit its eggs (Grimshawe 1940, Rutkowski 1971, Brown 1973). These food plants are either at the edge of hammocks along trails impartially sheltered by the canopy or they are in the hammocks proper, at the edge of a clearing or where a fairly large opening in the canopy exists. Females deposit 6 N single eggs on the upper surface of the tips of the leaves, however, there is one record of two eggs on a leaf(Service 1999). Eggs and larvae are not found on plants in open sunlight; however, in contrast, the giant swallowtail butterfly has been observed ovipositing on wild lime growing in the open (Service 1999). Eggs take 3-5 days to hatch. No studies on sex ratio have been published, but Covell (1985)has found that males are more abundant than females. Of 245 adult Schaus swallowtail butterflies in collections, 136 were males, 41 were females, and 68 had no sex indicated. These skewed sex ratios are likely biased. Female butterflies are typically more secretive than males. In addition, butterfly collectors may avoid killing females to allow the species to persist so that additional specimens may be taken at a later time. Information on survival rate of adults is mostly anecdotal. Earlier projections are that adults live only about 2 weeks and suffer damage more quickly than similar species that live in more open areas because of hazards of life in the dense brush of the hammock(Emmel 1985a). Egg survival rates of Schaus swallowtail in the wild are poorly known; but an egg survival rate of 29.7 percent (11 of 37) was cited in one case for a group of eggs collected in the wild. Further mortality of hatching larvae resulted in a survival rate of only 5 percent in the'group studied (Emmel 1985b). Development from egg to adult was described by Grimshawe(1940) and Rutkowski (1971). Rutkowski (1971) noted a white osmeteria on the larvae and drinking of water droplets by fifth instar caterpillars. C. Status and trends The Schaus swallowtail butterfly was listed as a threatened species on April 28, 1976, because of population declines associated with habitat loss, pesticide use, and collecting(41 FR 17740). The Schaus swallowtail butterfly was reclassified to an endangered species on August 31, 1984, because its numbers and range had declined dramatically since its first listing(49 FR 34504). Habitat loss, habitat fragmentation and application of pesticides are the primary factors responsible for the decline of Schaus swallowtail butterfly throughout its range. Paved roads through Schaus swallowtail butterfly habitat, particularly S.R. 905 on northern Key Largo, facilitate road kill of adults (Service 1999). Aerial application of insecticides for mosquito control throughout the Keys likely affect Schaus swallowtail butterfly populations. The pesticides Dibrom,Baytex, and Telmer, used in the Keys for mosquito control, are toxic to the related giant swallowtail butterfly in the laboratory(Emmel 1986b). The primary threats to the survival and recovery of the Schaus swallowtail butterfly are habitat loss due to development, pesticide use, over-collecting, and climatic factors such as hurricanes, freezes, and droughts. The population on Key Largo is at-risk due to extensive habitat loss and fragmentation, making preservation of the remaining large contiguous forest fragments essential. 7 D. Analysis of the species likely to be affected The current range of the Schaus swallowtail butterfly includes hardwood hammock on the upper Florida Keys from Lower Matecumbe Key north to Elliot Key. Habitat loss from development, pesticide use, and over-collecting are the primary causes for this subspecies decline. Hammock fragments such as the action area are increasingly rare in the upper Keys as a result of development activities and acquisition of the remaining patches for conservation is a high priority. The proposed project would adversely affect the Schaus' swallowtail butterfly through the loss and degradation of the remaining habitat on-site from secondary effects including microhabitat alteration, increased edge effects, and exotic species such as fire ants. i Stock'lsland tree snail A. Species description The Stock Island tree snail was first described by Say in 1830 based on a snail that was probably collected from Key West. That specimen was lost and the species was later described by Pilsbry around 1946 using a snail from Stock Island. The Stock Island tree snail is a subspecies in the genus Orthalicus. Pilsbry wrote that he believed Orthalicus migrated through tropical America on floating trees that were literblown ashore. Pilsbry(1946) described the Stock Island tree snail as having a shell that is rather thin and light, less solid than [other] races of[Orthalicus]. White to warm buff, this tint deepening near the lip or behind the later varices; stripes... purplish brown, running with the growth-lines, the stripes and the streaks often interrupted between the bands, and mostly not extending below the lower one; growth-rest varices usually 2 to 4 on the last whorl; three spiral banks, the upper and lower interrupted, are indicated, but weaken with age. Apex white. Aperture showing the varices, bands and streaks vividly inside; columella white, straightened above; parietal callus white, or dilute chestnut in old shells. The characteristics that most distinguish this species from O. reses nesodryas are the white apex and white columella and parietal callus. These characteristics are chestnut-brown or darker in O. reses nesodryas. B. Life history Distribution and habitat: Historically, Stock Island tree snails were found only on Stock Island and Key West. Today, snails are only found in small numbers on Key West and in a few hardwood hammocks in the upper Keys. They feed on epiphytic growth on hardwood tree. trunks, branches, and leaves. The Stock Island tree snail survives best in higher-elevation hammocks (minimum elevations of 5-11 feet)that support relatively large amounts of lichens and algae. Larger trees support more Stock Island tree snails than smaller trees because they provide the snails with an increased surface area for foraging(Deisler 1987). There is no evidence that Stock Island tree snails prefer certain tree types or species (Deisler 1987), although they seem to prefer trees with smooth bark over trees with rough bark. 8 Stock Island tree snails are arboreal except when they move to the forest floor for nesting or traveling. Hammocks that contained well-developed soils or leaf litter are probably necessary for nesting activity and dispersal. No data are available on minimal hammock size needed to support a viable population of tree snails. Suitable habitat would have to include an area large enough to provide for foraging and nesting requirements as well as provide for the microclimate(air temperature and humidity) needed by the Stock Island tree snail. B havior. The Stock Island tree snails are active mainly during the wet season. Besides the reproductive activities discussed above, most of the feeding and dispersion takes place during the wet season(May through November). Dry periods(usually December through April)are spent in aestivation in which the Stock Island tree snail forms a tight sealed barrier between the aperture and a tree trunk or branch. Snails may come out of aestivation briefly to feed during dry season rains or go into aestivation during summer dry spells. Feeding: Little is known about the feeding habits or food preferences of the Stock Island tree snail. Probable food items include a large variety of fungi, algae, and lichens found on the bark of hammock trees. Mixobacteria and some small mites may serve as asecohdary food source. Feeding can occur anytime during the day or night with peak feeding activity occurring from late afternoon through the night to midmorning and during or immediately after rainfall. Feeding Stock Island tree snails often follow a random twisting path that covers the entire bark surface ht. - but will move in a straight line if surface moisture is abundant. Reproduction: The snails are hermaphroditic, but cross-fertilization appears to be common. They mate and nest in late summer and early fall during the wettest part of the rainy season. They lay approximately 15 eggs per clutch in a cavity that is dug into the soil humus layer, usually at the base of a tree, and take anywhere from 24 to 105 hours to deposit their.eggs (Deisler 1987). The eggs hatch during the onset of the rains the following.spring. Upon hatching, the Stock Island tree snails immediately proceed to climb adjacent trees. Most nesting snails appear to be approximately 2-3 years old and are estimated to live for up to 6 years, with 2.11 years being the mean age for the Stock Island population at the time of Deisler's study (1987). The Stock Island tree snail's age can be estimated by counting the number of dark suture-like lines resulting from pigment deposition during the dry season. C. Status and trends The Stock Island tree snail was listed as threatened by the Service on July 1978,(43 FR 28932) because of population declines, habitat destruction and modification, pesticide use, and over- collecting(Service 1999). Since its original listing, this threatened snail has probably been eliminated from its historic range on Stock Island by extensive habitat destruction. It currently exists in hardwood hammock patches on Key Largo and possibly the everglades, and in a residential setting on Key West. 9 L The primary threats to the survival and recovery Of the Stock Island tree snail include loss of habitat from development, application of pesticides, fragmentation of habitat, and predation by black rats (Rastas rattus) and fire ants (Solenopsis invicta). Increased urbanization in the Keys over the last 30 years has led to the destruction, fragmentation, and reduction in quality of habitat throughout its historic and present range. Pesticide use near known sites of the Stock Island tree snail has impacted populations either by poisoning animals directly or altering reproduction. Trash and debris piles have also served as a food source and provided home sites for black rats which prey on the snail. Illegal collecting of Stock Island tree snail has reduced snail populations and contributed to the extirpation of the snail from Stock Island(Service 1999). The population on Key Largo is at-risk due to extensive habitat loss and fragmentation, making preservation of the remaining large contiguous forest fragments essential (Forys et at. 1996). D. Analysis of the species likely to be affected The current range of the Stock Island tree snail includes only hardwood hammock fragments where the species has been relocated by collectors and conservationists. The subspecies is believed to be extirpated from its historic range, and the long-term survival of the taxon is doubtful. Hammock fragments, suckas the action area, are increasingly rare in the upper Keys as a result of development activities, and acquisition of the remaining patches for conservation is a high priority. The proposed project would adversely impact the'Stock Island tree snail through a direct loss of individuals and also through the degradation of the remaining habitat on-site from secondary effects including microhabitat alteration, increased edge effects, and exotic species such as fire ants. Eastern indigo snake A. Species description The eastern indigo snake ranges from the southeastern United States to northern Argentina (Service 1999). This species has eight recognized subspecies, two of which occur in the United States: the eastern indigo and the Texas indigo (D. c. erebennus) (Service 1999). At one time, the eastern indigo snake occurred in the coastal plain of the southeastern United States, from South Carolina to Florida and west to Louisiana. The eastern indigo snake is the largest non-venomous snake in North America, obtaining lengths of up to 104 inches (Service 1999). Its color is uniformly lustrous-black, dorsally and ventrally, except for a red or cream-colored suffusion of the chin, throat, and sometimes the cheeks. Its scales are large and smooth(the central 3-5 scale rows are lightly keeled in adult males) in 17 scale rows at midbody. Its anal plate is undivided. In the Keys, adult eastern indigo snakes seem to have less red on their faces or throats compared to most mainland specimens(Service 1999). Several researchers have informally suggested that lower Keys eastern indigo snakes may differ from mainland snakes in ways other than color. 10 ko, — v B. Life history Distribution and habitat: Historically, the eastern indigo snake occurred throughout Florida and in the coastal plain of Georgia and has been recorded in Alabama and Mississippi. It may have occurred in southern South Carolina, but its occurrence there cannot be confirmed. Georgia and Florida currently support the remaining, endemic populations of the eastern indigo snake.(Service 1999), with only a few populations remaining in the Florida panhandle. Nevertheless, based on museum specimens and field sightings, the eastern indigo snake still occurs throughout Florida, though not common(Service 1999). In the upper Keys, eastern indigo snakes occur on North Key Largo, likely restricted to Crocodile Lake National Wildlife Refuge and Key Largo State Botanical Site. It is unlikely that any resident individuals remain south of North Key Largo through Marathon as the remaining habitat is greatly reduced and fragmented. In the lower Keys, eastern indigo snakes have been reported on Big Pine and Middle Torch, Big Torch, Little Torch, Summerland, Cudjoe, Sugarloaf, and Boca Chica Keys (Service 1999). Since thorough surveys have not been conducted in the Keys, the eastern indigo snake may occur on other keys as well. . Over most of its range in Florida, the eastern indigo snake frequents diverse habitats such as pine flatwoods, scrubby flatwoods, flood plain edges, sand ridges, dry glades, tropical hammocks, edges of freshwater marshes, muckland fields, coastal dunes, and xeric sandhill communities. In south Florida, these snakes are found in pine flatwoods and tropical hammocks. Eastern indigo snakes also use agricultural lands and various types of wetlands, with higher population concentrations occurring in the sandhill and pineland regions of northern and central Florida. Eastern indigo snakes utilize similar habitats in the Keys. Eastern indigo snakes require a mosaic of habitats. Interspersion of tortoise-inhabited sandhills and wetlands improves habitat quality for the eastern indigo snakes(Service 1999). Eastern indigo snakes require sheltered retreats from winter cold and desiccating conditions, and often use burrows of the gopher tortoise(Gopherus polyphemus)when available. In habitats lacking gopher tortoises, eastern indigo snakes may take shelter in hollowed root channels, hollow logs, or the burrows of rodents, armadillo, or crabs(Service 1999). The average range of the eastern indigo snake is 4.8 hectares during the winter(December- April),42.9 hectares during late spring/early summer(May-July), and 97.4 hectares during late summer and fall (August-November) (Service 1999). Adult male eastern indigo snakes have larger home ranges than adult females and juveniles; their ranges may encompass as mucli as 224 hectares and 158 hectares in the summer (Moler 1986). By contrast, a gravid female may use from 1.4 hectares to 42.9 hectares (Service 1999). Feeding: The eastern indigo snake is a generalized predator and will eat any vertebrate small enough to be overpowered. The snake's food items include fish, frogs, toads, snakes (venomous as well as nonvenomous), lizards, turtles, turtle eggs, small alligators, birds, and small mammals. V V Reproduction: Eastern indigo snakes breed between November and April, with females depositing 4-12 eggs during May or June (Service 1999). Young hatch in approximately 3 months from late May through August with peak hatching activity occurring between August and September, while yearling activity peaks in April and May (Service 1999). There is no evidence of parental care although the snakes take 3 to 4.years to reach sexual maturity(Service 1999). Female eastern indigo snakes can store sperm and delay fertilization of eggs; there is a single record of a captive snake laying five eggs(at least one of which was fertile) after being isolated for more than 4 years (Service 1999). There is no information on eastern indigo snake lifespan in the wild, but in captivity an eastern indigo snake lived 25 years, 11 months (Service 1999). C. Status and trends The eastern indigo snake was listed as a threatened species on January 31, 1978 (43 FR 4028). This snake was listed because of dramatic population declines caused by habitat loss, over- collecting for the domestic and international pet trade, and mortalities caused by rattlesnake collectors who gas gopher tortoise burrows to collect snakes(Service 1999). When the eastern indigo snake was listed, the main cause of its population decline was over-collecting for the pet trade. - The eastern indigo snake was listed based on habitat loss, over-collecting for the pet trade, and mortality from gassing gopher tortoise burrows to collect rattlesnakes. At the time of listing, the main factor in the decline of the eastern indigo snake was attributed to exploitation for the pet trade. Law enforcement has reduced pressure from the pet trade, but loss of habitat remains a major threat to the long-term survival of the species. The primary threats to the survival and recovery of the eastern indigo snake on the Keys are habitat loss due to development. The already greatly reduced population on Key Largo is at-risk due to extensive habitat loss and fragmentation, making preservation of the remaining large contiguous forest fragments essential. The status of the eastern indigo snake is not well documented in the Keys, but it is believed to be nearly extirpated. Based on anecdotal information, the Keys population has declined over the last two decades. Currently, the eastern indigo snake probably only occurs on North Key Largo in the upper Keys, and on the larger keys from Big Pine Key through Lower Sugarloaf Key in the Lower Keys. Habitat loss, collecting, and road kills are likely causes for the observed decline, a trend further amplified by the small size of these islands relative to mainland habitat conditions. The eastern indigo snake utilizes a majority of the habitat types available in the Keys, but tends to prefer open, undeveloped areas (Service 1999). Because of its relatively large home range, this snake is especially vulnerable to habitat loss, degradation, and fragmentation (Service 1999) on these small islands. Low density residential housing is also a threat to this species, increasing the likelihood of snakes being killed by property owners and domestic pets. Extensive tracts of wild land are the most important refuge for large numbers of eastern indigo snakes (Service 1999). 12 ito - V D. Analysis of the species likely to be affected The current range of the eastern indigo snake in the Florida Keys is likely restricted to extreme northern Key Largo. Although possible, it is highly unlikely that this species occurs in the action area. For this reason, hammock fragments such as the action area contribute very little if at all to conservation of the Eastern indigo snake, and it is doubtful if the proposed action will adversely affect this species. Because the proposed action is not likely to adversely affect the eastern indigo snake, this species will not be considered further in this consultation. Environmental baseline A. Status of the species in the action area A unique combination of geological history, climate, geography, and environmental forces has made the Keys an important reservoir of landscape, community, and species diversity. The vegetation of the Keys represents a mixture of Caribbean, southern temperate, and local influences. The upland areas of the Keys occur on limestone outcroppings that are called the south Florida rocklands. These rocklands, which form both the Miami Rock Ridge and the Florida Keys, support biotic communities that are a unique combination of ablest Indian flora and a southeastern flora and fauna. The relative isolation of these rocklands has also allowed a significant amount of endemism to evolve: 37 endemic herbaceous plants, S endemic trees and shrubs, 10 endemic mammals, 5 endemic reptiles, and endemic invertebrates such as the Stock Island tree snail and the Schaus swallowtail butterfly all occur in these rocklands. Before the arrival of Europeans, the upper Keys(Ragged Keys to Long Key) contained 4,816 hectares of hardwood hammock forests (Service 1999). These areas contained a continuous strand of deciduous, seasonal forests encircled by a fringe of mangroves. Since European settlement of the Keys, anthropogenic effects have directly affected the deciduous forests, hardwood hammocks, and mangrove fringes of the Keys. As a result of habitat destruction and modification for residential, commercial, and agricultural uses, most of the hammock forests in the upper Keys have been lost or fragmented. Since 1924, habitat destruction and modification for residential and commercial uses has had a dramatic, permanent effect on these forests. By 1991, 41.2 percent of the deciduous seasonal forests(1,985 hectares)had been either cleared or filled to meet human needs(Service 1999). The pattern of habitat loss and modification in the Keys has resulted in small, fragmented parcels of suitable habitat. Areas that are easily accessible to humans, such as those connected by U.S. Highway 1, have experienced the majority of the adverse effects. Habitat destruction and modification have affected the northern and southern ends of Key Largo differently. On the northern end of Key Largo, land acquisition by the Service, the State of Florida, and Monroe County has:protected extensive areas of hardwood hammocks. Ocean Reef Club as well as two, smaller, partially developed subdivisions have destroyed or modified extensively the hammocks on the northernmost portion of Key Largo. By contrast, residential and commercial construction projects have destroyed and fragmented extensive areas of the southern end of Key Largo; the fragmentation has been more severe in seasonal deciduous 13 rJ forests than mangrove forests. Residential housing projects have severely deforested the hammocks on Plantation Key (which has suffered a 70 percent loss of its seasonal forests) and Lower Matecumbe Keys. Schaus swallowtail butterfly Although population numbers of the Schaus swallowtail butterfly fluctuate year to year, between 1924-1981 there has been a general decline in range and numbers. The Schaus swallowtail butterfly has been considered rare on Key Largo since the mid-1970s. This species was listed as threatened on April 28, 1976, because of population declines caused by the destruction of its tropical hardwood hammock habitat, mosquito control practices, and over-harvesting by collectors (41 FR 17740). The Schaus swallowtail butterfly was reclassified to an endangered species on August 31, 1984, because its numbers and range had declined dramatically since its first listing (49 FR 34504). Tropical hardwood hammock suitable for Schaus swallowtail butterfly has been reduced by an estimated 57 percent in Biscayne National Park and 83 percent for Key Largo. The decline has been attributed primarily to habitat destruction. North Key Largo contains a large,.relatively contiguous expanse of tropical hardwood hammock habitat, but habitat on Key Largo south of C.R. 905 is highly fragmented and greatly reduced from historic levels,placing greater importance on the preservation of the larger tracts of hardwood hammock habitat remaining on Key Largo. The majority of the Schaus swallowtail butterfly population is found on Adams, Elliott, Old Rhodes, Swan, and Totten Keys within Biscayne National Park. Between 1985 and 1990, the Elliott Key population fluctuated between 600 to 1,000 adults annually, with smaller populations of at least 50 to 100 individuals on each of the other Keys. Hurricane Andrew temporarily reduced the Biscayne National Park's population in 1992 to 58 identified individuals; however, in 1994 the population rebounded to over 600 and is presumed stable(Emmet 1995a). Within the major keys of Biscayne National Park (Elliott, Old Rhodes, Totten, and Adams Keys) and on northern Key Largo, the two food plants of the Schaus swallowtail butterfly seem adequate to support a healthy population. High numbers of individuals sighted in 1985 indicate that the Schaus swallowtail butterfly population is still capable of periodic peaks. Following 3 years of reintroduction, results of a 1997 season census indicate that the total annual population in the wild has increased to at least 1,200 butterflies (Emmel 1995b). Prior to human influences, populations of this butterfly were probably subject to naturally occurring population depressions caused by hurricane damage, drought, and rare freezes (Covell 1976). The influence of the Labor Day Hurricane of 1935 on the Lower Matecumbe Key population was documented by Grimshawe (1940), though the claim that the species became extinct was incorrect (it was found there and on Key Largo in succeeding years)(Henderson 1945). The results of Grimshawe's careful searching were negative; however, the before and after surveys demonstrated that the hurricane had a detrimental effect on the biota of the Keys southwest of Key Largo. 14 Stock Island tree snail The Stock Island tree snail is an arboreal snail inhabiting hardwood hammocks of the Keys. Its historic range includes the islands of Stock Island and Key West, but more recently individuals have been relocated to other hammocks in the Keys and mainland. The restricted range of this subspecies and near extirpation from Key West and Stock Island by 1978 led to its being listed as threatened. The population has continued to decline as a result of further habitat loss due to real estate development, pesticide use, over-collecting, and predation by exotic species such as fire ants and black rats. The snail was nearly extirpated from its historic range as early as 1938, and Pilsbry(1946)believed the snail was extinct from Key West. Extant populations of the Stock Island tree snail exist at four locations outside the historical range, but is declining at all of the known sites. Surveys of known populations conducted in 1995 by the Service concluded that Stock Island tree snails are now totally absent from Stock Island and Key West. The populations on Key Largo were surviving, but precise population estimates were not obtained. The Monkey Jungle population apparently continues to do well, although Hurricane Andrew did extensive damage to the hardwood trees at this site. The single known mainland site documented by Deisler(1987) no longer contained Stock Island tree snails. Because tree snails are continuously being moved by collectors and conservationists and are also mobile themselves, it is difficult to assess their current distribution. Foi=:that reason, all large contiguous parcels of hardwood hammock on Key Largo are potential habitat for this species unless detailed surveys conducted during the months of July-September are conducted. B. Factors affecting species environment within the action area The action area is a 23-acre parcel of hardwood hammock fragmented from adjacent habitat by roads and existing development. Currently, no development exists on the action area although old, overgrown roads are evident. The habitat is exhibiting signs of secondary impacts resulting from this fragmentation including the presence of invasive exotic plants, fire ants and dumping of solid waste. Edge effects affecting the forest interior microhabitat including increased light penetration and reduced moisture has likely occurred considering the significant disturbed margins of the action area, further decreasing the suitability of the action area for both the Schaus swallowtail butterfly and the Stock Island tree snail. Because of these impacts, the action area is not optimal habitat for either Schaus swallowtail butterfly or Stock Island tree snail, but still serves as important habitat for these species considering the limited distribution of available habitat on Key Largo. Effects of the action A. Factors to be considered Potential effects to Schaus swallowtail butterfly and Stock Island tree snail from implementation of the proposed project include: (1) the direct loss of 2.6 acres of habitat within these species range, (2) the fragmentation of a 23-acre parcel of habitat within these species range, (3)the potential loss of individual Schaus swallowtail butterflies and Stock Island tree snails inhabiting 15 the project site, and (4) the loss of 23 acres of habitat targeted for acquisition and management by Florida's Conservation and Recreational Lands (CARL) program which serves to aid in the recovery and survival of these species. B. Analysis for effects of the action The primary effect of the proposed action is the loss of 2.3 acres of tropical hardwood hammock habitat important for the long-term survival and recovery of Schaus swallowtail butterfly and Stock Island tree snail. In addition to the direct loss of habitat, the proposed action will also result in the additional degradation and fragmentation of the remaining 23 acres of habitat that comprise the action area. C. Species response to a proposed action Habitat loss resulting from the proposed action will affect Schaus swallowtail butterfly and Stock Island tree snail population in the Keys by reducing the carrying capacity of the habitats,to sustain viable populations of these species. Habitat loss has been cited as the principle threat to these species, altering their ability to feed, reproduce, disrupting movement routes, and altering habitat composition through the introduction of exotic plant species.; Protection of habitat is considered essential for preventing the extinction of these three species. In addition to a reduction in total carrying capacity, the proposed action will also contribute to the general reduction in the ranges of these species by further fragmenting suitable habitat. Habitat fragmentation is a severe threat to the ability of tropical hardwood hammock to sustain viable populations of Schaus swallowtail butterfly and Stock Island tree snail. Habitat fragmentation can result in secondary impacts that degrade habitat quality for these species including increased light penetration, reduced humidity, altered plant species composition, and introduction of exotic species (e.g., imported red fire ants, exotic invasive plants). Another effect of the action has been to prevent this 23-acre parcel of habitat from being acquired by the CARL program with subsequent management as a protected area. The South Florida Multi-Species Recovery Plan (Service 1999) for these species identifies habitat acquisition and management as a primary recovery objective for the Schaus swallowtail butterfly and Stock Island tree snail. The action area was targeted by the CARL program for acquisition and has been surveyed and appraised in anticipation of a purchase agreement. Actions by the Monroe County Board of County Commissioners and FEMA to construct the proposed action have prevented this pending purchase and placed the long-term conservation prospects for this property into doubt. Cumulative Effects Cumulative effects include the effects of future State, tribal, local or private actions that are reasonably certain to occur in the action area considered in this Biological Opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the ESA. 16 9 As a result of a previous formal consultation with FEMA, Monroe County currently reviews building permits on a case-by-case basis to determine whether building-permit applicants must coordinate with the Service to address effects to threatened and endangered species (Service 1999b). If the FEMA review process results in a determination that either Schaus swallowtail butterfly or Stock Island tree snails will be taken, applicants may opt to pursue an incidental take permit (ITP)pursuant to section 10 of the ESA. Under this permitting process, the Service becomes a permitting Federal agency whose regulatory actions are addressed through an intra- Service section 7 consultation. Thus, any future effects to Schaus swallowtail butterfly or Stock Island tree snails due to this permitting authority do not represent cumulative effects. Monroe County may request an expansion of the Key Largo WTP in the future as the result of increased demand resulting from future development on Key Largo. This increased demand in wastewater infrastructure could result from permitted development that itself has no direct impact on threatened or endangered species as determined through the previous FEMA consultation described above. This anticipated future action in the action area will degrade, fragment, or directly eliminate habitat within the action area, adversely affecting Schaus swallowtail butterflies and Stock Island tree snails. CONCLUSION After reviewing the current status of the Schaus swallowtail butterfly and Stock Island tree snail in the action area, the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that construction of the Key Largo WTP is not likely to jeopardize the continued existence of the Schaus swallowtail butterfly or Stock Island tree snail nor is it likely to adversely affect the eastern indigo snake. No critical habitat has been designated for these species, therefore, none will be affected. INCIDENTAL TAKE Sections 4(d) and 9 of the ESA prohibit taking (harass, harts, pursue, hunt, shoot, kill, trap, capture or collect, or attempt to engage in any such conduct)of listed species of fish or wildlife without a special exemption. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patters which include, but are not limited to,breeding, feeding, or sheltering. Incidental take is any take of listed animal species that results from, but is not the purpose of, carrying out an otherwise lawful activity conducted by the Federal agency or an applicant. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered a prohibited taking provided that such taking complies with the terms and conditions of this incidental take statement. The Service anticipates incidental take of endangered Schaus swallowtail butterfly and Stock Island tree snails associated with the direct loss of habitat resulting from this project. Incidental 17 11.11/ take should be minimized by implementation of the following reasonable and prudent measures. The,incidental take is expected to be in the form of harm and harassment. Amount or extent of take anticipated The Service anticipates incidental take of Schaus swallowtail butterfly and Stock Island tree snail associated with the direct loss of 2.6 acres of habitat. Incidental take should be minimized by implementation of the following reasonable and prudent measures. The incidental take is expected to be in the form of harm and harassment. The Service determined that this level of take is not likely to result in jeopardy to these species. Reasonable and prudent measures The Service believes the following reasonable and prudent measures are necessary and appropriate to minimize take of Schaus swallowtail butterflies and Stock Island tree snails associated with the proposed action. 1. Restore an area of hardwood hammock habitat equal to the area lost (2.6 acres)as a result of the proposed action in order to replace the habitat functions essential to the long-term conservation of the ipeciesin the action area. 2. Preserve the 23 acres of the action area not required for construction of the proposed action to prevent any further adverse impacts and to ensure proper long-term management of the habitat. Terms and conditions In order to be exempt from the prohibitions of section 9 of the ES& FEMA must comply with the following terms and conditions, which implement the reasonable and prudent measure described above and outline required reporting/monitoring requirements. These terms and conditions are non-discretionary. 1. FEMA shall locate a site or sites totaling 2.6 acres for hardwood hammock habitat restoration on the island of Key Largo. The site should consist of habitat conditions currently unsuitable for the Schaus swallowtail butterfly and Stock Island tree snail, but through restoration actions could be reasonably expected to support these species. The selected site must be approved by the Service. 2. FEMA shall coordinate with the CARL program or another suitable environmental lands management program to receive title to the 23'acres of hardwood hammock in the action area not proposed for development. Coordination with the Florida Department of Community Affairs and Monroe County Growth Management should be initiated to address issues related to the Monroe County Comprehensive Plan open space requirements. 18 V %d The reasonable and prudent measures, with their implementing terms and conditions, are designed to minimize the incidental take of Schaus swallowtail butterfly and Stock Island tree snail that might otherwise result from the proposed action. 14 during the course of the action, this level of incidental take is exceeded, such incidental take represents new information requiring reinitiation of consultation and review of the reasonable and prudent measures provided. The Federal agency must immediately provide an explanation of the causes of the taking and review, with the Service, the need for possible modification of the reasonable and prudent measures. CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the ESA directs Federal agencies to use their authorities to further the purposes of the ESA by carrying out conservation programs for the benefit of threatened and endangered species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat,,to help implement recovery plans, or to develop information that can be used to further the purposes of the ESA. 1. FEMA should develop guidelines for the siting and construction of any future wastewater treatment facilities in the Florida Keys specifically aimed at avoiding.adverse effects to threatened and endangered species. The Service recognizes the need for these facilities to be built in the Florida Keys, but has a responsibility to provide for the protection and conservation of trust resources. The Service is prepared to assist FEMA in the identification of potential wastewater treatment facility sites throughout the Keys that will have no effect on threatened or endangered species. REINITIATION NOTICE This concludes formal consultation on the action outlined in the consultation request. As provided in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained(or is authorized by law)and if. (1)the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3)the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or(4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. 19 V Thank you for your cooperation in the effort to protect threatened and endangered species and their habitats. If you have any questions regarding this project, please contact Tom Grahl at (561) 562-3909, extension 236. Sincerely yours, to, -JamesJ. Slack Field Supervisor South Florida Ecological Services Office cc: FWS, Big Pine Key, FL FWS, ARD-ES, Atlanta, GA Florida Keys Aqueduct Authority, Key West, FL(Jack Teague) Monroe County Growth Management, Marathon, FL(Tim McGarry) EPA, Marathon, FL (Bill Kruczinsky)._ • • • • 20 Ilar V LITERATURE CITED Brown, L.N. 1973. Populations of Papilio andraemon bonhotei Sharpe and Papilio aristodemus ponceanus Schaus in Biscayne National Monument, Florida. Journal of Lepidopterists' Society 27(2):136-140. Covell, C.V., Jr. 1977. Project ponceanus and the status of the Schaus swallowtail (Papilio aristodemusponceanus)in the Florida Keys. Atala 5(1):4-6. Deisler, J.E. 1987. The ecology of the Stock Island tree snail, Orthalicus reses reses (Say). Bulletin Florida State Museum Biological Science 31(3): 107-145. Emmet, T. C. 1995a. Designated species management plan for the reintroduction of the Schaus swallowtail butterfly in the Florida Keys. University of Florida, Gainesville, Florida. Emmet, T.C. 1995b. Captive propagation and experimental reintroduction of the Schaus swallowtail in the Florida Keys. Interim status report submitted to the U.S. Fish and.Wildlife Service, research work order no. 153; Vero Beach and Jacksonville, Florida. Forys, E.A., P.A. Frank, and RS. Kautz. 1996. Recovery Actions for the lower Keys marsh rabbit, silver rice rat, and Stock Island tree snail. Unpublished report to Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. Grimshawe, F.M. 1940. Place of sorrow: The world's rarest butterfly and Matecumbe Key. Nature Magazine 33:565-567, 611. Pilsbry, H.A. 1946. Land Mollusca of North America (north of Mexico). Monograph Academy of Natural Science, Philadelphia 3[2(1)): 1-520. Rutkowski, F. 1971. Observations on Papilio aristodemus ponceanus(Papilionidae). Journal of Lepidopterists' Society 25(2):126-136. U.S. Fish and Wildlife Service [FWS]. 1999. South Florida Multi-species Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, Georgia. • 21 V Exhibit L DRAFT Biological Assessment for the Wastewater Treatment Plant Site — Mile Marker 100.5 Key Largo, Florida (4? 10 1 T1\ t 7, Prepared for Federal Emergency Management Agency, Region IV 3003 Chamblee-Tucker Road Atlanta, Georgia 30341 October 25, 2000 5900 Windward Parkway Suite 400 Alpharetta,Georgia 30005 678.356-8300 Ihr TABLE OF CONTENTS ACRONYMS 1.0 INTRODUCTION 1 2.0 BACKGROUND 4 2.1 Need for and History of Project 4 2.2 Regional Characterization 4 3.0 PROJECT DESCRIPTION 6 3.1 Site Location 6 3.2 Proposed Action 6 3.3 Construction and Operation Actions 15 4.0 SITE SPECIFIC INFORMATION 16 4.1 Survey Methods 16 4.2 Affected Habitats 16 4.3 Protected Species 26 4.4 Other Information and sources , 30 5.0 ANALYSIS OF POTENTIAL EFFECTS 32 5.1 Direct and Indirect Effects 32 5.2 Cumulative Effects 34 5.3 Consideration of Mitigation and Conservation Measures 36 5.4 Determination of Effect 39 6.0 INCIDENTAL TAKE EVALUATION 41 7.0 CONCLUSIONS 42 8.0 LITERATURE CITED • 43 Appendices Appendix A List of Endangered, Threatened, and Regionally Important Species Located in the Upper Florida Keys 44 V List of Figures Figure 1.1: Key Largo Wastewater Improvement Project -Treatment Plant Site Vicinity Map I Figure 1.2: Key Largo Wastewater Improvement Project-Treatment Plant Site Location Map 3 Figure 3.1: Aerial View of the Treatment Plant Site and Surrounding Area in Key Largo 7 Figure 3.2: Key Largo Wastewater Treatment Plant Site- Surrounding Development Patterns, Subdivision,Boundaries, and County/State Land Ownership g Figure 3.3: Project Site and Surrounding Habitat Characteristics 9 Figure 3.4: Aerial View-Project Site& Construction Area Boundaries 11 Figure 3.5: General Shape and Boundaries of Project Construction Site 12 Figure 3.6: Small Scale View of Construction Area - 13 List of Tables Table 4.1: List of Plants and Animals Located on the Key Largo Wastewater Treatment Plant Site 19 Table 4.2: Overstory (>4" DBH) Trees Found Within Proposed Construction Site 24 Table 4.3: Protected Plant Species Identified for Transplantation/Replanting 25 Table A.1: List of Endangered, Threatened, and Regionally Important Species Found in the Upper Florida Keys 45 ii 1.0 ACRONYMS AWT Ambient Water Treatment CARL Conservation and Recreation Lands CBOD Chemical Biological Oxygen Demand DBH diameter at breast height FDACS Florida Department of Agriculture and Consumer Services FEMA Federal Emergency Management Agency FFWCC Florida Fish and Wildlife Conservation Commission FGFCC Florida Game and Fresh Water Fish Commission FKAA Florida Keys Aqueduct Authority FNAI Florida Natural Areas Inventory ha hectare ROGO Rate of Growth Ordinance SC Suburban Commercial SHCA Strategic Habitat Conservation Area SR Suburban Residential SRF State Revolving Fund Program TDR Transferable Development Rights TN Total Nitrogen TP Total Phosphorus TSS Total Suspended Soils USFWS US Fish and Wildlife Service USGS US Geological Survey iii (1110 1.0 INTRODUCTIONS This document is a Biological Assessment of the potential effects of constructing a proposed regional wastewater treatment system in Key Largo, Florida, with an emphasis on the specific site for a regional wastewater treatment plant selected by the Board of County Commissioners on 18 May 2000. The proposed 22-acre treatment plant site is located in Section 28, Range 39, Township 61 at Mile Marker 100.5 on the oceanside of U.S. Highway 1 (Figure 1.1). Figure 1.2 shows the location of the site in relation to the proposed service areas and the Key Largo Wastewater District. This Biological Assessment is being submitted by the Federal Emergency Management Agency (FEMA), and is based on existing documents and information, as well as site specific information, for the treatment plant site that was developed by staff of the Monroe County Department of Marine Resources. This document constitutes a Biological Assessment in accordance with the rules requiring federal agency consultation under the Endangered Species Act. T....... . xr.taziret ., at- _il kg" .-klta.fat. ,,,1 •.4.4';41.1, ,- 444eg II 6• "I - 1. - ier. c ''Cr ''.1•441':;ftts.e74. . . , 4-1-, Torpott . amp , Ili ,— r„ rir •,,t.„ . . an . ei r lt?IiI' ...- .• i '•- -4744-IIit 0:2. 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Srtv.ac...4' . . , .N. 4 'or A ilklitt ,:'t' 1-1; .i.,..- 4,-:t..,(5,,A..;,„ ,:-- ,i ,,, Source: USGS Rock Harbor Quadrangle „\..c..f.i...E-A.,--tiv..,-• \NMI:Jiffies No:t Florida-Monroe County ..r&J,7- A..xe ..: Aly z••• ?Tara- 7.5 Minute Series(Topographic) • , ' ..v?.tccrt, *• 9 1947,Plvotorevised t969 41 . -,.•f:•,..mit'• '. .,17:;V---' Photoinspected 1990 • :.;.ef,Kt ibint[imam CLIENT: TULL Federal Emergency Management Agency Treatment Plant Site "waa: Key Largo Wastewater Improvement Project Vicinity Map REVISION NO.: OESIGNED ert J.Anderson SW11•5•114.• SCA DPAWN Ilf: LE' Approximate Scale 111=2000' J.Anderson IMT; rou.t FILE; OIECRED St 1.1 EAProjatts‘FEMAM Key allaargeSitensp.si K. Branton W m z '`ems o � • i . d+ Ck) O fa W o. f O O F J 3 6 b • E 'f Y e - G m I. fr e G O �q S •�,� Y 1- tY N ?' r ti T m A yqo i`\ / V In a! co . • � V O o I O L 4 {! a 4-0 \ a) E a) 'o I. Y ao 'a a)i�r CO41) tk5 4.0 '+ . • in C SOS f4 a • je.. a R t• ip -J *.,al o A c4 cti— s Y d i 0 ° or YF- J 0, 2.0 BACKGROUND 2.1 NEED FOR AND HISTORY OF PROJECT Monroe County has been actively pursuing options for constructing a wastewater collection, treatment, and disposal system in the Key Largo area of the Florida Keys. After analysis of numerous potential sites, the Monroe County Growth Management Division staff, in coordination with the staff of the Florida Keys Aqueduct Authority (FKAA), identified three candidate sites for the Key Largo wastewater treatment plant. The Board of County Commissioners selected the proposed site discussed below and gave its approval to begin negotiating for acquisition of the site. The Commission also requested that the staff assess the site for any potential endironmental permitting concerns. On 28 June 2000, the Board of County Commissioners finalized its review of contract documents to complete the project. The Board validated contract negotiations between FKAA and the selected firm of Ogden Water Systems. In parallel with the selection of Ogden Water Systems, the county staff has been actively working on a review of the treatment plant site noted above. The county provided information from its site assessment as part of the application for project approval in the State Revolving Fund Program (SRF), and to FEMA as a funding agency for the overall Key Largo Wastewater project. FEMA and its consultants have reviewed this data as well as other sources in compiling a Biological Assessment for the proposed wastewater treatment system. 2.2 REGIONAL CHARACTERIZATION Physiography The Florida Keys extend in an arch from Soldier Key in Dade County to the Dry Tortugas. almost 200 miles to the southwest. They represent an emergent feature of a prehistoric (± 100,000 years old) tropical marine environment, including what were then high energy back reef areas and a coral reef. Today. two carbonate formations, the Key Largo Limestone and the Miami Oolite formations represent these prehistoric environments. Because of the porous. highly permeable carbonate composition of the islands, little soil exists in the Keys. What soil does exist lies in a very thin layer within the tropical forests that characterize the islands. Natural ground waters are limited in the Florida Keys. In the Key Largo Limestone Formation of the Upper Keys, permeability and porosity of the rock is so high that little fresh water is retained in the rock before mixing with sub-surface waters affected principally by tide (and rain water during the rainy season). Biota- Animal Community A tropical flora and a temperate fauna characterize the Keys. Most of the mammalian species have come over land bridges formed during Pleistocene glacial periods. Florida Bay, with the current Florida mainland and the Keys became a contiguous landmass during these glacial periods. With easy access. the temperate animals of the mainland of Florida populated the Keys. 4 u As, wanner climates prevailed through the present, sea level has risen to cut the Keys off. stranding the mammalian, amphibian, and reptilian species that have come to reside here. As a result, similar to island archipelagos elsewhere in the world, the Keys represent a rich environment for speciation, particularly for terrestrial animals that have difficulty crossing water bodies, and whose gene pools thus become largely isolated. Several mammal and reptile species in the Keys are considered endemic. Many, because of their limited population sizes, are also considered threatened by both natural and human events. Thus, at least ten species that live in the Keys are listed by the federal government as threatened or endangered. Avian (bird) species are represented by both temperate and tropical species as well as migratory species during the wintet. No bird species are considered endemic to the Keys, because of their ability to cross large water bodies. Most live throughout the south Florida area or the immediate Caribbean basin. Others stop during migrations between eastern North America, the Caribbean, and South and Central America. Many avian species native to the region have been listed by the state or federal government as threatened or endangered because of broad environmental threats, including hunting, poaching, and loss or change of primary habitats caused by human development. Biota -Plant Community The principal native plant communities in the Upper Keys include coastal mangrove forests, south Florida pine flatwoods, and hardwood forests or hammocks. The tropical forests of the Keys, ranging from the higher elevation hardwood hammocks to the mangroves that lie along the island margins, are unique within the continental United States. They are clearly representative of the character of the Caribbean basin from which most of the plant species of the Keys originated. Large expanses of water have provided the means for genetic isolation and speciation. Thus, the Keys also have many plant species unique to the area that are listed as threatened or endangered by the state or federal government. The major threat to these plant species and the forest habitats of the Keys is land clearing. Commercial harvest or poaching, in the cases of many of the airplants and orchids residing in the Keys and south Florida, is also a significant concern. Biota—Protected Species A total of nine animal and two plant species occurring in the northern Florida Keys have been designated as endangered or threatened by the U.S. Congress and U.S. Fish and Wildlife Service (USFWS). The Florida Fish and Wildlife Conservation Commission (FFWCC) lists 16 non- marine animal .species as endangered. threatened, or of special concern and the Florida Department of Agriculture has designated 83 plant species as endangered, threatened, or commercially exploited. Monroe County has also designated 68 plant species as being regionally important. Appendix A shows all of the terrestrial and inshore species within the northern Keys that are listed by these agencies. Species that may occur within the vicinity of the project site are identified in Section 4.0. 5 3.0 PROJECT DESCRIPTION 3.1 SITE LOCATION The project location is shown on the USGS Rock Harbor Quadrangle Florida, Monroe County topographic map in Figure 1.1. Figure 3.1 is a 1995 color infrared aerial photograph showing the location of the site and wounding natural habitats and developed areas. Surrounding land uses and major classes of property ownership are shown in Figure 3.2. The treatment plant site is located near U.S. Highway I at approximately Mile Marker 100.5 in Key Largo. The treatment plant site is located on the oceanside of U.S. I, the Overseas Highway, northeast of Waldorf Plaza and southwest of the Tradewinds Shopping Center. Adjacent to the site is a 2-acre property owned by the FKAA, used as a maintenance yard. Across U.S. 1 is Key Largo Park subdivision. State-owned lands,part of the Newport Hammock Conservation and Recreation Lands (CARL) purchase occur to the northeast, and several tracts of county-owned conservation lands are present south of the site. Figure 3.3 shows the land use and habitat cover in the surrounding region. Much of the site and the lands to the south and east are composed of hardwood hammock forest, while lands to the west and north are developed for residential and commercial use. The area immediately adjacent to the FKAA maintenance yard, which comprises the actual construction area,has been disturbed due to past clearing. 3.2 PROPOSED ACTION General Project Description The project would involve construction of a 2.25 million gallon per day treatment plant, deep injection wells (— 2.500 feet), cleared buffer areas, administration buildings and necessary parking areas. This facility would use a sequencing batch reactor with a Dual Sand filtration system. The project would also involve the construction and operation of a vacuum collection sanitary sewer system that would include approximately 15 vacuum pump stations, lift stations, and a vacuum sewer main. The project would serve approximately 13,602 existing residential units and 25,000 people in the Key Largo Wastewater District. This service area includes all lands east of Tavernier Creek from Tavernier to.Key Largo with the exception of Ocean Reef. This area does not include approximately 114 residential units in a sparsely populated area north of the intersection of U.S. I and S.R. 905. These would be served by on-site units as part of a different (North Key Largo) project Tertiary treated.wastewater effluent would be disposed of through deep well injection. Digested and stabilized sludge would be hauled by truck to approved sludge facilities on the Florida mainland. Construction is expected to require approximately 12 months for the treatment plant, with an additional 12 months to complete hookup and testing. The operational life of the system is approximately 20 years. The parcel of land that would be purchased for the project site (Figure 3.3) covers approximately 22 acres. The shape of the principal parcel is that of a right triangle with its hypotenuse, or long side, lying along the Overseas Highway in a northeast to southwest direction. The apex of the triangle points to the southeast toward the ocean. 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With the exception of a 20 to 50 foot snip along the southern property line (which runs east-west) on the principal parcel and clearing on easements along the southern and eastern property line, the project site is characterized by high quality hardwood hammock. Figure 3.4 is a large-scale blow-up of the 1995 aerial photo, showing the project site and the proposed construction area. Approximately 2.62 acres in a roughly L-shaped configuration wrapped around the FKAA property would be required for the construction and operation area The remaining 19.38 acres would remain in a natural condition. Although the entire area within the 2.62-acre construction boundary might be cleared, a 25-foot zone along the property boundary is intended to be a buffer, which may not be needed for construction. If this buffer is not needed, the affected construction area may be decreased by approximately 0.31 acres. Figure 3.5 identifies the general shape and dimensions of the project construction area in relation to the entire project site. The proposed construction area deliberately uses the area on the project site with the greatest- existing , disturbance. Coincidentally, this would also allow common access to the two facilities and limit the need to clear lengthy access roads into the treatment plant area. It would also allow common FKAA administration of its Key Largo projects. Figure 3.6 provides a detailed view of the project footprint, ineludingtransect lines used to identify and locate plant species within the proposed project construction boundaries. Table 3.1 defines the area of the project site and surrounding county lands, as well as the approximate acreage of all habitats characterizing these properties. Land Use and Zoning Considerations The wastewater treatment plant site and adjacent properties are zoned Suburban Residential (SR) and Suburban Commercial (SC). As such, the project can be permitted within either zoning district. Recent recommended text changes to the Monroe County Land Development Regulations provide more detail about the requirements of such a use within the SR or SC Districts. As proposed under curreni amendments to the County's Land Development Regulations, the project would require a Minor Conditional Use approval which entails a review by theDevelopment Review Committee and final approval by the Director of Planning. Surrounding Land Use Characteristics - An existing FKAA maintenance facility is on the immediate southwestern corner of the property along U.S. I. In addition, there are several other public and private light industrial uses in that area. To the east, toward the ocean, are a number of private properties, including the Key Largo Gun Club, a waste handling facility, a private juvenile facility, and two or three private residences. 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The county has consulted with its proposed design firm to develop a site plan that has reduced the actual construction area (limit of disturbance) to the minimum possible. Although the original design concept required an estimated 7-acre construction area, the construction area in the revised plan has been reduced to 2.62 acres. The proposed construction area location also has been revised to locate the site so that disturbance of tropical hardwood hammock communities has been minimized, based on diligent attention to defining the best location on the project site. Approximately 0.41 acres of the revised project construction area is essentially composed of exotic vegetation along the fringes of the hammock. By including this area in the 2.62-acre construction area, loss of hammock habitat has been reduced to about 2.21 acres. In addition, Monroe County Land Development Regulations (Section 9.5-344) require significant transplantation and/or replacement of native protected plants found within the hammock area. As a result, the county would transplant or replant over 1600 trees to adjacent cleared rights-of-way (disturbed and. . unimproved) to recover about 0.39 acres of disturbed area to native species at the margins of the project site, thus providing potential new hammock habitat. After this restoration is complete, the net loss of hardwood hammock is estimated to be about 1.82 acres. If the buffer area is not used, the net area may be as low as 1.51 acres. • 15 `r %11 4.0 SITE SPECIFIC INFORMATION 4.1 SURVEY METHODS The county staff met on site, both independently and with sister agencies, to review proposed construction area footprints and to assess potential impacts to the native habitat on the site and to endangered species in the area. As part of an assessment of the environmental components of the project site, several site visits were made by county biologists. Biologist Sandra Lee completed a preliminary site visit on 29 June 2000, followed by a more detailed survey on 6 and 10 July 2000 by Niko Reisinger. County.biologist Ralph Gouldy also visited the site,with biologist Niko Reisinger and staff from the USFWS, FFWCC, FEMA, and FKAA on 10 July 2000. Niko Reisinger spent another full day on the site on 20 July 2000. The list of plants and animals found on-site is based on these visits to the site. Specifically, county biologists have spent over 100 hours completing an environmental evaluation of the project site and construction area. During this review and because of the environmental character, quality, and sensitivity of the site, significant reductions have been. made to the proposed construction area. In addition to previous site general site visits, on I and 2 August 2000 county biologist Niko Reisinger, consulting biologist Bob Smith, and two members of a survey crew cordoned off the proposed construction site with heavy polypropylene rope. A total of ten (10) belt transects were created within this overall construction area. These transects ranged from 50 to 90 feet in width, and divided the construction area into ten subsections. All of the construction area was thus included in the survey, providing a census of all trees over 4" diameter at breast height (DBH) and listed plant species in the affected area. The boundaries of each transect were delineated using a continuous line of survey flagging tape. George Garrett and Niko Reisinger surveyed an additional part of the site on October 11,2000. Within this area. as shown in detail in. Figure 3.6, all threatened, endangered, or regionally important plant and all endangered or threatened animal species were identified. Particularly, for animal species,the presence of snails or signs of Schaus' swallowtail butterfly were noted. Based on this extensive site evaluation of the construction area, some adjustments to the proposed construction boundary were made to provide the current proposed construction boundaries. The proposed adjustments were identified by Niko Reisinger on II, 14 and 15 August 2000. 4.2 AFFECTED HABITATS The construction area is located on the edge of the hardwood hammock, adjacent to the existing FKAA maintenance area (Figure 3.5). The project site is part of a large hammock area of more than 12.5 acres. Thus, it qualifies as a "high quality hammock" under the County's Land Development Regulations Environmental Design Criteria. High quality hammock regulations 16 �+ v require that 80 percent of the hammock within a site area be protected in its natural state as noted previously above. Several of the adjacent and nearby county, state, and privately owned vacant properties are also characterized by high quality hardwood hammock. These extend to the east, north, and south, as far as the shoreline margins of waterfront properties, where there is a transition into buttonwood and mangrove forests and salt marshes. At property margins and in cleared road easements (unimproved), exotic plant species intrusion exists, and significant amounts of debris have been dumped. As seen in Figure 3.1, several unimproved roads occur throughout the hammock communities. Much of the surrounding hammock community appears to be approximately 40 years old since last clearing, based on tree sizes, species mix, and the continued presence of willow bustic. Willow bustic can be a dominant canopy tree up to about 30 years of forest age, then begins to die out as slower, taller growing trees shade it out. Leaf litter development is moderate, estimated to be between 2 and 4 inches in depth. The forest has a typical patchy distribution of canopy dominants. Some areas, notably towards Central Avenue to the north, are almost entirely dominated by wild tamarind, while other portions are dominated by gumbo limbo, poisonwood, or pigeon plum. The hammock appears to be dominated by somewhat younger veer towards its southern end, adjacent to the FKAA site and the proposed treatment plantYite. Within the construction area, a 20- to 50-foot wide strip along the common property line shared with the FKAA maintenance area is vegetated with exotic or pest plant species. This strip continues for the remaining length of the southerly property line of the project site. The road curves to the northeast into the center of the proposed site and is considered heavily disturbed with numerous dumpsites along this road and the FKAA property boundary. Apparently, this area was previously cleared as a road easement. There is also a 30-to 40-foot wide strip of disturbed land along the FKAA eastern property line. These areas are dominated by exotic species such as Brazilian pepper and sapodillo. Exotic species such as Brazilian pepper and sapadillo also have invaded parts of the adjacent hammock, particularly within the proposed construction area. At the end of the road, there is a partial clearing in which the surface soil has been pushed into piles at the clearing margin. There are at least two abandoned boats in this area. Sapodilla occurs in scattered locations throughout the hammock; it appears to be somewhat more concentrated towards the northern end. This plant is a sign of old homesteads, and is spread readily throughout high elevation hammocks by larger mammals. The trees seen were not large, with most under 12" DBH (diameter at breast height), but fruit is obviously being produced, based on the presence of seedlings and saplings in the forest. Table 4.1 lists all plant and animal species found within the 22-acre plant site by county biologists during the field surveys. The table includes common and scientific names, and the status of each under federal and state protection (Endangered Species Act and Chapters 39-27 and 513-40, F.A.C.)and the Monroe County Code has been identified. Table 4.2 shows the distribution of trees over 4" DBH that were identified on the construction site in the survey by county biologists between 29 June- and 15 August, and on October 11, 2000. Based on this table, the proposed construction area is dominated by gumbo limbo, poisonwood, and wild tamarind trees. Other common overstory species include Jamaica 17 'V v dogwood, and loblolly pine. Other species occurring in the understorv, shrub. and seedling strata include blackbead. black ironwood, mahohgany, and inkwood. A total of 687 trees with DBH greater than four (4) inches were identified in the construction area, for a density of approximately 261 trees per acre. The three dominant species constitute approximately 80% of the total density. Table 4.3 shows a list of all individuals of species which the county feels should be protected, or are federal, state, or county protected plant species found within the construction area. In total, fourteen (14) species of protected plants were identified and tallied within the ten (10) transect areas. These include six species on the state list, three species on the county list of Regionally Important plants, and six additional species deemed important by the county. A total of 708 individuals of plant species protected under state, federal, or county regulations were noted. Forty-three of these are torchwood and wild lime, which are not protected themselves, but constitute a key habitat need for the Schaus' swallowtail butterfly. Approximately 705 seedlings of the protected plant species also were noted. Large trees and seedlings were distinguished in the counts principally because of the ultimate means by which County Code would require their transplantation, replanting, or other means of protection. All gumbo limbos and seedlings identified in the transects were "flagged"for transplantation as were all torchwood, wild lime, and Rhynchosia vine plants. All other plandl Would be replanted in accordance with the mitigation recommendations seen in the final section of this document. 18 Table List of Plants and Animals Located the Key Largo Wastewater Treatment Plant Site Common Name Scientific Name Status Insects St Fed MC Crab spider Gasteracantha cancriformis Golden orb weaver Nephila clavipes Green garden spider Cicadas Family Cicadidae Grasshopper Orange Julia butterfly Dryas Julia largo%elene Yellow sulfur butterfly Pieridae family Cabbage white butterfly Pieridae family 1/3"light blue butterfly Hemiargus ceraunus (?) V2"beige moth Brown dragonfly Suborder Anisoptera Honey bees Apis mellifera Mollusks Florida tree snail Liguusfasciatus, possibly v.pictus SSC Banded tree snail Orthalicusfloridensis Land bennit crab Cenobita dypeatus Grey land crab Cardisoma guanhumi Many—lined forest snail Drymaeus multilineatus Cuban garden snail Reptiles Brown anole Anolis segrei Green anole Anolis carolinensis Black racer Coluber constrictor 19 hid Common Name Scientific Name Status Birds St Fed MC White crowned pigeon Columba leucocephala T Cardinal Cardinalis cardinalis Red-bellied woodpecker Melanerpes carolinus White-eyed vireo Vireo griseus Plants Century plant Aguave sisalana Exotic Chaff flower Alternanthera ramosissima Ragweed Ambrosia hispida Torchwood Amyris elemijera „ • Marlberry Ardisia escallonioides Crabwood Ateramnus lucidus White beggar ticks Bidens alba Borreria Borreria verticilliata Strongbark Bourreria ovata Saffron plum Bumelia celastrina Willow bustic Bumelia salicijolia Gumbo limbo - Burserasimaruba Gray nickerbean Caesalpinia bonduc Spicewood.or Pale lidflower Calyptranthes pollens T Cinnamon bark Canella winterana E Jamaica caper Capparis cynophallophora Limber caper Capparisflexuosa Goatweed Capraria bjora Balloon vine Caldiospermum halicacabum Papaya Carrica papaya Exotic Cassia Cassia sp. Exotic 20 "i Common Name Scientific Name Status St Fed IMC Spurge Chamaesyce spp. Snowberry Chiococca alba Pigeon plum Coccoloba diversifolia Green buttonwood Conocarpus erectus Ranlebox Crowlaria pumula (?) Royal poinsianna Delonix regia Exotic Beggars tick or Tick trefoil Desmodium canum Milkbark Drypetes diversifolia E Devil's potato vine Echites umbellate White stopper Eugenia axillaris Spanish stopper Eugenia foetida Dog fennel Eupatorium sp. Seaside gentian Eustoma exaltatum Princewood Exostema caribaeum E Inkwood Exotheapaniculata RI Strangler fig Ficus aurea Shortleaf fig Ficus citrifolia Milkpea Galactic speciformis Chew stick Gouania lupuloides Blolly Guapira discolor Everglades velvetseed Guettarda elliptica Rough velvetseed Guettarda scabra Scorpion tail Heliotropium angiosperm um Lantern vine Herissantia crispa White ironwood Hypelate trifoliata - E Morning glory Ipomoea indica Black ironwood Krugiodendronferreum RI 21 `, V Common Name Scientific Name Status St Fed MC Wild lantana Lantana involucrata Wild bamboo Lasiacis divaricata Peppergrass Lepedium virginianum Lead tree Leucaena leucocephalla PEST Wild tamarind Lysiloma latisiliquum Red pea Macroptilium lathyroides Sapodilla Manilkara zapota PEST Melanthera Melanthera sp.Poisonwood Metopium toxijerum Mouse's pineapple Morinda royoc - Lancewood Nectandra coriacea I RI African ground orchid Oeceoclades maculata' Exotic Prickly pear Opuntia stricta T Virginia creeper Parthenocissus quinquefolia Many-flowered passion vine Passii fora multiilora Corky-stemmed passion vine Passiflora suberosa E' Capeweed Phyla nodiilora RI Jamaican dogwood Piscidiapiscipula Cockspur Pisonia aculeata Blackbead Pithecellobium keyensis T' Cat's claw Pithecellobium unguis-cati Wild poinsettia Poinsettia heterophvlla Wild coffee Psychotria nervosa Randia or White indigobetry Randia aculeata Red Ironwood Reynosia septentrionalis T' Purple oysterplant Rhoeo discolor Exotic V V1 Common Name Scientific Name Status Plants St Fed MC Hammock snout pea Rhynchosia swarnii E Rougeplant Rivina humilis Brazilian pepper Schinus terebinthifolius PEST Snake cactus Selinieereus spp. (?) Exotic Wireweed Sida acuta • Paradise tree Simarouba glauca RI Spiny greenbriar Smilax havanensis T Smooth greenbriar Smilax lourifolia Bahama nightshade Solanum bahamense Potato tree Solanum erianthum Blue porter weed Stachvtarpheta jamaicensis Pencil flower Stylosanthes hamata Mahogany Swietenia mahogani E Yellow elder Tecoma stans Exotic Thatch palm Thrinar radiates F Soldier vine Tournifortia volubilus Caltrop or Puncture vine Tribulus cistoides Florida trema Tream micran:um Wild grape Vitis rotundifolia Sleepy morning Waltheria indica Hog plum or Tallowood Ximenia americana RI Wild lime Zanthaxylum fagara E= Endangered T=Threatened SSC = Species of Special Concern C = Commercially Exploited RI = Regionally Important 2 1rr V Table 4.2: Overstory (>4" DBH) Trees Found Within Proposed Construction Site SPECIES NUMBER OF PLANTS WITHIN AREA TRANSECT NUMBER Plants— >4" DBH Ti T2 T3 T4 T5 T6 T7 T8 T9 VI I Total Gumbo Limbo 43 46 24 32 31 II 25 10 14 I 1227 Poisonwood 12 8 19 38 29 9 28 15 12 0 I160 Jamaica Dogwood 4 8 10 25 6 2 6 2 4 0 167 Wild Tamarind _ 18 7 9 9 22 22 47 6 1 16 157 Pigeon Plum 0 3 6 2 2 0 0 2 0 0 15 Blolly 10 6 9 7 8 1 3 4 0 1 49 Strongbark 0 1 0 0 0 0 0 0 0 0 1 Spanish Stopper 0 0 2 I 0 0 0 0 0 0 3 Strangler Fig 1 0 0 2 0 0 ,0 .0 0 0 3 Short Leaf Fig 3 0 0 0 2 0 0 0 0 0 5 Total 91 79 179 116 100 45 109 39 11 I18 I687 24 Table 4.3: Protected Plant Species Identified for Transplantation/Replanting SPECIES NUMBER OF PLANTS IN AREA TRANSECT NUMBER Plant—Protected TI T2 T3 T4 T5 T6 T7 TS T9 VI I Total Torchwood 3 2 3 0 0 4 0 3 0 0 15 Wild lime 5 3 3 2 1 1 6 7 0 0 28 lnkwood 3 0 33 8 8 0 3 4 0 0 59 Spicewood 1 0 8 7 1 1 2 0 0 0 20 Black ironwood 33 18 44 36 28 16 16 6 0 7 204 Blackbead 23 7 29 49 33 14 12 1 0 0 168 Cinnamonbark 0 0 0 1 7 1 6 11 0 0 26 Mahogany 5 10 50 25 9 9 17 33 . 5 1 164 Paradise tree 1 0 0 0 0 0 0 0 0 0 1 Red ironwood 0 0 0 0 0 1 1 2 0 0 4 Milkbark 6 0 0 0 0 0 0 0 0 0 6 Hammock snout pea 0 0 2 0 0 0 0 1 6 0 9 Corky passion flower 2 0 0 0 0 0 2 0 0 0 4 Sub-total 82 40 172 128 87 47 65 68 11 8 708 Plant—Seedlings • lnkwood Seedlings 34 250 3 104 70 5 8 3 0 0 477 Black Ironwood Seedlings 4 28 20 16 0 2 4 4 0 2 80 Blackbead 0 0 0 5 ' 5 0 0 0 0 0 10 Cinnamonbark Seedlings 0 0 0 0 0 0 3 1 0 0 4 Mahogany 1 11 46 27 0 2 I 0 0 0 88 Paradise Tree 3 0 0 0 0 0 0 0 1 0 4 Red Ironwood 0 0 0 0 5 29 2 0 0 0 36 Milkbark 3 0 0 0 I 0 0 2 0 0 6 Sub-total I 4511 289 I 69 1152 81 I 38 I 18 I 10 I 2 705 Total 112 329 1 241 1 280 1 168 I 85 I 83 I 78 I 12 10 1413 75 v 43 PROTECTED SPECIES Monroe County Land Development Regulations recognize all endangered and threatened plant and animal species and require protecting plant species through transplantation, replanting, or moving to off-site locations such as native plant nurseries. The assessment of impacts following this section analyses specific and broad site impacts and provides the means to mitigate them. Plant Species Many of the plant species typical of tropical hardwood hammocks are unique to south Florida and the Florida Keys in particular. As such, the Florida Department of Agriculture and Consumer Services (FDACS)has identified many of the species found in these plant assemblages as endangered, threatened, or commercially exploited. Though the FDACS designation does not carry the weight of protection to afforded animal species, they are none-the-less important for providing native Keys and migratory ' animals with forage,shelter,and breeding habitat. In addition to the state and federal lists of protected species,the county has also identified a list of plants of regional importance. No plant species on-site are listed as endangered or threatenedhy the USFWS (USFWS, 1999; FFWCC, 1997). Seven species are listed as endangered and three as threatened by FDACS (Table 4.2). Six other species are considered as regionally important by Monroe County. Monroe County's Comprehensive Land Use Plan requires that if these species are to be cut, they must be "transplanted". Currently, other trees with DBH of 4 inches or greater must also be "transplanted". By Code, transplanting requires either actual physical transplant; (usually cost-prohibitive) or replacement with the same or equally rare species. If actual transplant is not done, replacement plants are required in a two-for- one ratio for on-site"transplant". In case of potential use of the site by Schaus swallowtail butterflies, both torchwood and wild lime should be protected or"transplanted" if they are found within the clearing area, since these are key food sources for the butterfly. Due to the improbable availability of torchwood from commercial nurseries, county biologists suggest that additional wild lime be used as replacement plants for any torchwood found within the clearing area. Wild lime is also much better suited to withstand dryer conditions than torchwood, which usually only occurs in more mature hammocks. The perfect on-site locations to plant the "transplanted"trees are the rear road/southem boundary area, and then the continuation of Central Avenue. Animal Species The list of state and federally protected animal species potentially occurring on the site is shorter than the plant list. The Keys are clearly one of the foci for species protection because of the unique nature of tropical hammocks in continental North America and 26 V V because of the insular nature of island plant and animal assemblages. The site is not within or near any designated Critical Habitat for any species(USFWS, 1999). Although a total of over 15 listed terrestrial animal species occurs in the northern Keys (Appendix A), the project site has been identified as potential habitat for only six state or federally listed species. Each relies on the tropical hammock forests of the Keys as principal habitat for some portion of its life history. The state and/or federally listed animal species identified as having the potential to exist on the site, based on range and observed characteristics of the habitat, are the Schaus' swallowtail butterfly, Florida tree snail, Eastern indigo snake, Miami black-headed snake, and white crowned pigeon. The site may also support a transplanted population of the Stock Island tree snail,,but inquiry of persons known to have moved snails in the past reveals that none are known to have been moved to this hammock. No evidence of this snail has been seen in the hammock to date. In addition, the site is shown as potential habitat for the Key Largo woodrat and the cotton mouse on the county's endangered species maps. This is largely because the area historically supported both species and could potentially be used for recovery of the species in the future. No recent sightings are known to have occurred further south and west than the Port Bougainville area of the north Key Largo CARL project. This area is about 6 miles away from the site. The USFWS and FFWCC believe these two species to have been extirpated south of the U.S. 1/S.R. 905 intersection (USFWS, 1999; Cox and Kautz, 2000), and these species are believed not to have potential for occurrence on the site. The following describes species that may have potential to occur within the project site: 1. Schaus' Swallowtail Butterfly - Heraclides arisrodemus nanceanus: Schaus' swallowtail butterfly is listed as endangered by both the state and federal governments. It is an intermediate sized Papilionid butterfly ranging from 45 to 55 mm in size. It is distinguished from its near relatives by the generally narrower oblique yellow bands on the dorsal surface of its wings and in the washed out background coloration of the wings (brown as opposed to black found in relatives). The "tail"located at the base of each wing is also, characteristically, longer and narrower than relative species. The historic range of the Schaus' is very limited, ranging from southern Dade County into the northern Keys to just north of Lower Matecumbe. Currently, the species is limited to north Key Largo and Elliot Key, with occasional sightings in Key Largo. The Schaus' lives in hardwood hammock areas. It lays its eggs only on torchwood (Amyris elemijera) and wild lime (Zanthoxylum jagara), both of which are typical hardwood hammock plants and have been noted on the project site. 27 ♦. Although neither the Schaus' swallowtail butterfly nor any egg masses were observed during several site visits, they may occur on the site due to the presence of suitable habitat and known occurrence within the general region. A release of captive-raised Schaus' swallowtail butterflies was made between 1995 and 1997 at John Pennekamp State Park, approximately 2 miles to the north of this tract, and another release area was near Point Charles, a similar distance south of this site (USFWS, 1999). It appears unlikely that the butterflies could have migrated to this site because they would have had to pass through several existing subdivisions that lack suitable habitat conditions. Several site visits by county biologists seem to confirm this. However, further investigation into potential presence would be required prior to land clearing. In any case,protective measures would be taken to protect the plant host species. 2. Stock Island Tree Snail (Orthalicus reces reces): This subspecies is listed as threatened by the federal government and threatened by the state. The genus Orthalicus is represented, (almost not at all) by the subspecies O. reces reces, whose native range includes only Stock Island and formerly Key West. Both the state and federal government protect this subspecies. Only the State of Florida protects relatives of this subspecies, including O. reces nesadryas, which is also very rare. Over the past.30 years, various collectors and interested parties havetransplanied some of these snails to other parts of the Keys, either to protect them from development in their native range or because of their colorful appearance. The Stock Island tree snail is known to have been transported to John Pennecamp State Park, Caloosa Cove Campground, and several subdivisions on Key Largo (USFWS, 1999). County biologists were unable to find any reports of transport to this site, and found no evidence of occurrence on the site during the field surveys. The Recovery Plan for the Stock Island tree snail emphasizes recovery within the native range in the lower Keys, but includes provisions for habitat acquisition and restoration in other areas (USFWS, 1999). 3. Florida Tree Snail (Liguus faciatusl: This species is listed by the state government as threatened, but is not listed by the federal government. The preliminary investigations by county biologists indicate that tree snails do inhabit the treatment plant site in Key Largo. Individuals of the genus Liguus are more common in the Keys, and two were seen on the property during the 6 July, 10 July, and 20 July 2000 site visits. One dead Liguus'snail shell was identified within one transect, but it was quite old and deteriorated. In addition, one live specimen of Liguus fasciatus,possibly v.pictus was identified. The original site plan has since been modified so that:the transect in which both of these were found is now out of the construction area. If additional snails were present on the site, their location must be in the higher limbs and branches of the hammock. Tree snails generally are arboreal, although not exclusively, as they lay their eggs in the wet soil of the hardwood hammock leaf litter during the rainy season. Further 28 V V investigation would be required to determine the numbers and types of tree snails on the project site. 4. Eastern Indian Snake (Drvmarchon corals column.): The eastern indigo snake is listed by the both state and federal government as threatened. It is a large heavy bodied snake which is shiny black or bluish-black above and below. It is generally known as a docile animal that eats frogs, other amphibians, snakes (including rattlesnakes), birds, and small mammals such as rats. Although the snake is found in an array of habitats in Florida, it tends toward moister habitats, such as pine flatwoods or topical hardwood hammocks. Within the Florida Keys, it has been most prominently described from the Torch Keys to Big Pine Key, but it is also known to exist in Key Largo. Although two black racers were seen, no eastern • indigo snakes were sighted during the preliminary inventory of the site. The eastern indigo snake generally has a requirement for a relatively large home range, generally in the range of 46 to 185 acres (USFWS, 1999). The Recovery Plan for the eastern indigo snake indicates that a minimum area of approximately 10,000 acres is needed to sustain a viable population of this species (USFWS, 1999), while the FFWCC habitat model for this species uses a 250-acre minimum size area to define potential habitat needs. Motet (1992) recommended that only areas >2,500 acres be proposed for conservation of the species. The site and adjoining hammock areas, including areas in private ownership, comprise an area of approximately 80 to 150 acres. Thus the site and adjoining habitat would not be expected to support a large population, and the probability of individuals occurring within the construction area at any particular time is believed to be low. 5. Miami Black-headed Snake(returner oolirica): This species is not listed by USFWS, but is listed by the State of Florida as threatened. Also known as the rimrock crowned snake, the Miami black-headed snake is a highly secretive fossorial (burrowing) species typically found in the deep leaf litter of hardwood hammocks. To date, very few of the species have actually been seen. In fact, its first description was in 1966. At that time only'six specimens were known, five from the Miami area and one from Key Largo. Since then, three additional individuals have been collected on Key Largo and Grassy Key. The nearest Florida Natural Areas Inventory (FNAI)record of occurrence element is several miles north of this site. Because few observations exist for this species. little is known about basic behavioral • patterns, particularly feeding and reproductive characteristics. Relatives of the species typically eat termites, spiders, centipedes and other humus dwelling insects. This snake is believed to produce no more than three eggs at a time. 6. White Crowned Pieeon (Columba leucocephala): The white crowned pigeon is listed by the State of Florida as threatened, but is not listed by USFWS. It generally resembles other pigeon relatives in shape, though with a 29 somewhat thinner head and neck than others. Its most prominent feature, from which it earns its name, is the white crown located on its head. The species migrates to the Keys during the spring months. It makes nests amongst the isolated fringing mangrove areas. In the upper Keys, it can be seen moving back and forth in the early morning and late evenings, between the protective mangrove islands on which it nests to the hammock areas of the populated islands where it feeds on the many fruiting trees found there. During the late summer into the fall, the species leaves the Florida Keys and nearby mainland areas migrating back into the Caribbean basin, including the Bahamas, Cuba, Puerto Rico, and the Dominican Republic. In those areas, lack of protection brings them under fire from hunters who relish them as food. A year round population of birds does seem to remain in the Keys in more limited numbers, particularly in the Lower Keys. Principal concern for the protection of the species in the Keys is for protection of its remaining mangrove and hammock habitats The white crowned pigeon clearly inhabits the hammocks of the upper Keys. During the field surveys, approximately three pigeons were seen or heard entering or leat•ing the project site. 4.4 OTHER INFORMATION AND SOURCES The proposed site is on the eastern edge of a relatively undisturbed tropical hardwood hammock habitat area that is one of the largest remaining examples of this community in the Florida Keys. A portion of the habitat, northeast of the project site has been purchased by the Florida Department of Environmental Protection under the CARL program, and is known as the "Newport Hammocks" site. Monroe County has also purchased smaller tracts of land in this system for conservation. These are generally to the south of the site in existing residential developments that have not reached "build- out" conditions. This system has been identified as a Strategic Habitat Conservation Area (SHCA) for the tropical hardwood hammock community and the white crowned pigeon by the Florida Game and Fresh Water Fish Commission (FGFCC) in Closing the Gaps in Florida's Wildlife Habitat Conservation System(Cox,a. al., 1994). While the South Florida Multi Species Recovery Plan (USFWS, 1999) includes elements of identifying and conserving potential habitat areas for the Key Largo woodrat, Key Largo cotton mouse, eastern indigo snake, and Stock Island tree snail, the emphasis is placed on the North Key Largo area and other large blocks of land where these species are known to occur. Although the plan encourages acquisition of any available tropical hammock area, the project site is not identified as a critical or specific area for acquisition. The South Florida Multi Species Recovery Plan, Closing the Gaps in Florida's Wildlife Habitat Conservation System, and Habitat Conservation Needs of Rare and Imperiled Wildlife in Florida are all sources of data used in preparing this Biological Assessment. 30 10 y Much of the information in these reports is based on data maintained by the FNAI. The Federal and state status of species is based on Florida's Endangered Species, Threatened Species, and Species of Special Concern (Florida Game and Fresh Water Fish Commission, 1997) and the South Florida Multi Species Recovery Plan • 31 5.0 ANALYSIS OF POTENTIAL EFFECTS 5.1 DIRECT AND INDIRECT EFFECTS Assessment of Construction and Operation Impacts Some short-term adverse impacts can be expected in association with construction of the entire proposed project, primarily on the wastewater treatment plant site itself. In addition, some limited impacts may continue with the operation of the facility. Impact to the remaining contiguous forest of the Keys and to the protected species associated permanently or seasonally must be noted. Construction of the project would require removing approximately 2.63 acres of forested area. However, based on current assessments, roughly 0.41 acres of this forested construction area consists of purely exotic pest plant species in a narrow boarder along two sides of the existing FKAA fence line. In addition, as further detailed below, the project would mitigate the loss of intact hammock area by removing additional exotics in previously cleared right-of-way areas along the margins of the property and transplanting or replanting protected species from the construction area. This transplantation area is approximately 0.39 acres,in size. Thus, as a result of the project, 2.63 acres would be cleared. Only 2.21 acres of this area would be tropical hardwood hammock. Offsetting the clearing of the 2.21 acres, the county would remove exotic plant species in adjacent area rights-of-way and would transplant/replant an area of approximately 0.39 acres. The minimal net reduction of hardwood hammock on the project site would total approximately 1.82 acres. If the potential buffer areas are not cleared, the reduction may be as low as 1.51 acres. Indirect adverse effects are expected to be minimal. The primary potential indirect effect could be inducement of additional residential development in the area and resultant loss of hardwood hammock habitat. As discussed in Section 5.3, county growth management regulations would limit further hammock development. Coupled with the county's acquisition and conservation of additional hammock habitat in association with this project, it is expected that there would be no potential net effect or a slightly positive effect on hammock habitat area. Noise effects during operation may have potential to cause some disturbance to any foraging white crowned pigeons in the adjacent area, but the effect is considered to be minimal. Conversely, the presence of a county-maintained facility may discourage dumping of trash or other incursions by the public that may disturb the habitat. Construction of this proposed facility would result in associated construction of sanitary sewer lines and pumping stations in the Key Largo service area and near the facility. It is expected that such facilities would be constructed in previously disturbed areas and existing easements. Construction effects would be temporary. Thus, no significant adverse impacts are expected from these associated facilities. 32 V 11110 As discussed in Section 5.2, significant improvement in the quality of the discharge water is expected, and tertiary treated discharge waters would be disposed of through deep well injection. An indirect effect of this project thus should be an improvement in the quality of nearshore waters in the project area, and potential beneficial effects on species in these areas. Some additional truck traffic would occur on U.S. 1 because of sludge disposal for the project. The number of trips is not currently known, but the total would represent an insignificant addition to the total traffic volume on U.S. 1. Thus this is not expected to significantly impact any listed species. Project Land Area Requirements For contiguous hardwood hammock areas, the Monroe County Land Development Regulations require that 80 percent(80 %) of the project site remains in its existing state. As such, the buildable area of the 22-acre project site is 4.4 acres. In addition,the county , holds title to approximately 13.5 acres of contiguous property. Approximately 6.5 acres of these properties are hardwood hammock allowing an additional 1.3 buildable acres (at 80% open space/20% buildable area). Thus, up to 5.7 acres of buildable area are available cumulatively if necessary under county hammock protection regulations. The proposed action is expected to use less than 46% of the potentially buildable area of county lands. The project site and these adjacent county properties are shown in Figure 3.2 and Table 1. The county would purchase the entire 22-acre tract for this project. The approximately 19 acres outside of the construction area would remain and be allowed to mature as natural tropical hardwood hammock. This would be dedicated as conservation land. The conservation portion of the site is adjacent to the larger portions of the undeveloped hammock and would 'provide a connection between state owned conservation lands northeast of the site and county owned conservation lands south of the site. Purchase and dedication of this site would result in an approximately 155% increase in county- purchased tropical hardwood hammock conservation lands in this area. The site would also provide enough native habitat (required to remain by County Land Development Regulations) to provide visual, olfactory, and aesthetic buffering from adjacent subdivisions and uses in all directions, particularly the highway. Based on the county's site surveys, no federally designated threatened or endangered animal species are believed to be present in or currently utilize the construction site. Thus the project is not expected to have significant impacts on any of these species. Based on the habitat type and location, there is a possibility that other federal and state designated animal species may be present at times on the site. These include the eastern indigo snake. Florida tree snail. Miami black-headed snake, and white crowned pigeon. The county plans to use incremental land clearing procedures, described in Section 5.6 at this site. Such a process should minimize potential losses of these species. -. Some 33 • N V displacement (approximately 1.82 acres) of habitat for these species would occur. This loss would be similar to or less than the amount of loss that'would occur if the site were privately purchased and developed. Interdependent and Interrelated Effects Site impacts have been significantly minimized, in the construction design, attention to clearing requirements, site mitigation, actual construction. and in the development of operation and maintenance strategies. Some additional impacts would occur through construction of associated facilities, including sewer lines and lift stations. It is expected that almost all of this action would occur in existing right-of-way and in previously developed areas, so that impacts on protected species would be minimal. . Implementation of this project is expected to result in significant beneficial impacts to water quality and reduction of discharges of'nutrients, bacteria,and other pollutants to the shallow aquifer and to nearshore waters of the Key Largo area. This is expected to result • in improvements in habitat quality and reduction of stresses to nearby coral reefs, seagrass beds, and other marine communities. Overall, the county believes that the benefits achieved from the project far outweigh the impacts in completing the project. Some 7,958 residential on—site wastewater systems along with approximately 1,133 equivalent commercial units would be replaced as part of the project. In addition, approximately 70 existing package plants equating to approximately 4,511 residential units would also be replaced. Amongst all of these units, an estimated 2,424 are cesspools. Thus, the wastewater systems in the entire area of Key Largo would be improved to meet the Ambient Water Treatment (AWT) Standard of 5 mg/I Chemical Biological Oxygen Demand (CBOD), 5 mg/I Total Suspended Soils (TSS), 3 mg/I Total Nitrogen(TN),and 1 mg/I Total Phosphorus(TP). Total reduction in nutrient load as a result of project completion is significant. Within the project area, it is estimated that the current wastewater load of nitrogen is 113,300 pounds per year in the Key Largo project area.- The estimated load reduction resulting from project completion is 96,950 pounds of nitrogen per year, an 86 percent reduction in nitrogen load. Similarly, the estimated phosphorous load is 27,680 pounds per year. The estimated load reduction resulting from project completion is 22,232 pounds of phosphorous per year, an 80 percent reduction in phosphorous load. 5.2 CUMULATIVE EFFECTS Impacts to Endangered and Threatened Species Reduction of remaining habitat in Florida and the Florida Keys is a problem facing most endangered or threatened species here, throughout the United States, and the world. The impact of an ever expanding and space and resource demanding human population is at the crux of the endangered species issue. 34 � w � The Key Largo hardwood hammock system is one of the largest remaining expanses of this community type in the Keys. It has been estimated that there are about 4.000 hectares (ha) of tropical hardwood hammock remaining in the Keys and that most of this is now in publicly owned management areas. The project site represents less than 1% of the remaining hammock area of the Keys has been lost through development and clearing. The proposed project would represent an increase in loss of approximately 0.2%. Thus, this project represents no significant cumulative increase to existing losses. Additionally, the project is intended to serve existing development and no induced development is expected to occur as a result of the project. The unused portions of the property would be dedicated as conservation lands,resulting in an increase of over 100% in county-owned confervation lands in this system. However, it is possible that the proposed facility would have capacity for serving additional units, and this could result in additional development pressures in the Key Largo area potential additional cumulative loss of natural habitats. However, county development regulations require preservation of 80% of hammock areas on any site, and •the county Rate of Growth Ordinance (ROGO) also makes it unlikely that significant additional encroachments would occur as a result of development of the project. It is anticipated that any additional resultant development would occur in non-hammock areas within the limited service area of the project. The county believes that it would be a good steward for the property in question, aside from the impacts that would initially be associated with construction of a wastewater treatment plant. Within the SR zoning category a minimum of eleven (11) single family homes could be permitted on the property. With the use of Transferable Development Rights (TDRs) as many as 22 units could be permitted within the buildable area of the site. Admittedly. the ROGO process would make it nearly impossible to place 22 homes on the site. However, the proposed project utilizes significantly less of the buildable area than allowed under County Code, and a similar level of impact can not be assured in the case of potential 'alternative uses of the site. The proposed project also restricts construction to the largely disturbed,margins of the hammock adjacent to the existing maintenance area. Even under the habitat conservation constraints established in the Land Development Regulations as noted in Sections 9.5-344 and 345, it is unlikely that any alternative residential development of this site would result in a similar L-shaped clearing in the disturbed area adjacent to the existing maintenance. In an island biogeography, space becomes all that more important, as in the Florida Keys. Area in such settings is limited and the impacts of habitat boundaries, or the clearing of habitat, creating new boundaries is significant. Frequently, the existence of"edges" is as important as the existence of sufficient necessary habitat. At the edges of a cleared hammock, additional light is allowed to penetrate. which may change animal behavior within the hammock area or at these new boundaries. There is additional opportunity for intrusion of exotic plant species, and overall changes in habitat structure and diversity can occur. 35 4104 The project as designed minimizes edge impacts by locating the construction area near the FKAA site. In addition, transplantation and replanting would occur in areas that have been cleared in the past and currently contain significant numbers of exotic plant species and debris. This would reduce existing hammock disturbances and cleared edges. 53 CONSIDERATION OF MITIGATION AND CONSERVATION MEASURES Protection of Endaneered and Threatened Species Minimal reduction of habitat would occur as a result of the completion of this project. . However,some habitat loss is inevitable. Any similar project would do as much. The project has been developed in such a way as to minimize habitat fragmentation, by avoiding the clearing of irregularly shaped areas within the project site. This would create greater than necessary boundary or edge effects within the hammock. Clearing would be carried out as close to adjacent developed areas as possible, thus minimizing the increase in the hammock area to edge length ratio. Hammock would be cleared so as to maintain the maximum hammock width and breadth, thus maintaining as much of the interior hammock character. Such site clearing constraints are clearly identified and required under the Monroe County Land Development Regulations, Sections 9.5-344 and 9.5-345. Both sections of the Code are provided for specific review in Attachment 1 and 2. Some irregularities in edge boundaries have been recommended as seen in Figures 3.5 and 3.6. These occur in the areas of transects 8 and 9 where a "saw-tooth" clearing configuration was recommended. This results from the location and shape of the exotic plant species situated along the FKAA eastern fence boundary, the presence of large number of white ironwood in adjacent areas, and the presence of the two Liguus tree snails previously mentioned (also now outside the clearing area). The "saw-tooth' shape would maximally protect hammock in this area while eliminating exotics within the construction site. • The effort to minimize edge effect impacts in the hammock would also help maintain habitat and species integrity in the remaining hammock on site and in the surrounding area. This is particularly true for the white crowned pigeon, which relies on the unfragmented hammock areas as a source of food. Similarly, minimizing these impacts would leave the maximum habitat possible for the eastern indigo snake. Direct impacts to the white crowned pigeon can generally be avoided. Reduction in clearing area and minimization of fragmentation go a long way toward protecting the pigeon's habitat needs. However, protection of any Schaus' swallowtail butterflies and tree snails that may be found on the site would be more difficult. Additional efforts would be made to avoid the host species of the Schaus' swallowtail butterfly, either by selective clearing or by restricting construction to areas where the host plant species do not occur. To further reduce construction impacts, all torchwood and wild lime plants within the clearing area 36 have been marked. These trees would be inspected for the presence of eggs, larvae or pupae prior to clearing. If any eggs, larvae or pupae are found, they would be allowed to hatch if possible, and fly away. Immediately prior to clearing, the plants would be re- inspected, and if unhatched larvae or pupae arc found, the branch containing them would be removed and fastened to either existing torchwood or wild lime plants in the hammock preserve area. Finally, some replanting of these host species can be accomplished on the site or in adjacent cleared or disturbed hammock areas. Although no tree snails were identified within the current construction boundary, an exhaustive effort would be made to locate any prior to clearing. It would be important to locate resident groups of the snail for potential removal. If found, snails would be moved to other areas of the'project site or to adjacent hammock parcels during the rainy season when they aren't aestivating. All efforts would be made to locate tee snails and move them appropriately. The Miami black-headed snake inhabits the deepest leaf litter; thus it is important to protect the oldest and best-developed portions of hammock areas. Because individuals of this species are difficult to find, it is important to construct the wastewater treatment plant in the youngest portions of the hammock where less humus exists. The selection of the area near the FKAA property and fence line in the area with most exotic plant species would assist in avoiding any potential snake habitat. Additionally, leaf litter from the native portions of the clearing area would be moved to replanting areas. Evaluation of Site—Mitigation Measures The project site was evaluated based on the availability of developable land, compatibility of adjacent land uses, critical environmental constraints, existence of known or probable endangered species or their habitat, and ease/cost of acquisition and site preparation. In addition, the county took significant public input on over seventeen sites throughout the Key Largo area. Concerns over placement of the facility near adjacent residential uses also was a significant concern for the County Commission, which ultimately led to the selection of this project site over others. The county believes that the project can be completed on the project site and meet all applicable County Land Development Regulations. Serious concern for the protection of endangered and threatened species would be managed through prudent location and configuration of the construction boundaries within the project site as noted and shown in Figures 3.5 and 3.6. Additionally, species such as the tree snail would be moved, trees such as torchwood and wild lime would be avoided where possible, and these trees and well as other native fruit bearing trees would be replanted within landscape areas, adjacent disturbed areas, and perhaps on other adjacent properties. This would provide some mitigation for potential impacts to the Schaus' swallowtail butterfly, eastern indigo snake, Miami black-headed snake. and white crowned pigeon. 37 A number of mitigation measures would be undertaken to protect the integrity of the hammock, its species composition, and species diversity, and to ensure survival of the endangered and threatened species which inhabit the site. These include: 1. The recommended project construction area would be against the fence at the FKAA site. This would lessen hammock clearing, and comply with County Land Development Regulations clustering requirements, requiring the use of the most disturbed portions of the property first. In addition, from an aesthetic point of view, in its present recommended configuration would maintain the required U.S. I Scenic Corridor Buffer of 75 feet. • 2. The area to he cleared has been marked with continuous flagging tape. A five- foot wide construction impact zone has been included in this area. As noted above, all trees to be "transplanted"(replanted)as well as all torchwood and wild lime plants within the construction area have been flagged for transplanting. The plants would be inspected for the presence of Schaus' swallowtail butterflies(all life stages)as well as the Florida tree snail and Stock Island tree snails just prior to preparation for clearing. The number of non-transplantable individuals of protected plant species identified in the construction area is approximately 1,100, thus requiring the replanting of 2,200 trees or seedlings in the transplantation/replanting area. Snail transplant can be started immediately if the snails are not aestivating. In either case, any snails found would be moved on the branch of their host tree to the same species in other areas of the hammock. Butterfly removal, if needed, also would not occur until just before the clearing occurs, allowing any butterflies to hatch and fly off on their own. Flagging has already been done and an inventory of"transplantation" species has been completed. 3. All exotic vegetation on the road at the rear of the property and along the continuation of Central Avenue would be removed, as well as all previously dumped debris..These areas can then be prepared to receive the "transplanted"trees, including large gumbo limbo. Transplantation of these trees can be best accomplished by cutting, scoring the base, and removing part of the canopy. Preparation would require that trenched (preferably) holes be provided for all replacement plants, in a zigzag scattered pattern. In addition, all humus, which has been collected as part of the clearing effort, would be spread in the prepared transplantation area to promote new hammock growth. The humus is an excellent seed source for hammock species. No humus from the areas containing exotic vegetation would be used. This would also provide additional protection for the Miami black-headed snake. 4. Replacement of the non-transplantable tree species (identified in Table 4.3) would be completed in the same cleared areas as noted immediately above. Additional disturbed areas in the remaining 19 acres may also be identified and used for restoration plantings. Trees "transplanted" or replaced in this fashion would be replaced in a two-to-one ratio with the same or equally rare species. 38 5. Transplant of the Rhynchosia vines would be accomplished by hand, either into the hammock preserve, or pots for replanting into the hammock at a later date. 6. The county would contact a local native plant nurseryman to remove all tagged seedling-sized threatened, endangered or regionally important plants from the main treatment plant area. Similarly, any other seedlings desired by local nurseryman could also be removed from the construction area at the same time. 7. Within the construction area, the 20-foot wide area adjacent to the FKAA fence can be cleared by bulldozer. This area includes the southern edge of transects 1 through 6. All debris would be removed and soils from this area would be taken to a dump(after chipping if desired.) This area contains Brazilian pepper and leadtree that would otherwise tend to further invade the surrounding hammock. The initial 50 feet of transects 8 and 9 located along the FKAA easterly fence line would be cleared in the same way. 8. Immediately prior to clearing the remaining native hammock portions of the construction sites, the flagged wild lime and torchwood would be re-inspected for Schaus' swallowtail butterfly larvae,pupae or eggs. • The portion of the construction site would be hand cleared, leaving stumps intact. Once clearing is completed, the area would be left alone for at least 2 weeks to allow any snakes to leave the area, and to allow a biologist to re-inspect for tree snails. After this waiting period, stumps would be removed. and the flagged gumbo limbo trees can be transplanted to the transplant areas. These large gumbo limbos would provide shade for other transplanted (mitigation) trees. The soils from the rear (northern) 70 feet of transects 1-7 should then be moved to the transplant areas. This would begin the normal soil building process, and hopefully preserve any Miami black-headed snakes'that didn't leave the area. The county would place conservation easements on the associated open space areas, which could be assumed to fit into the paftem of acquisition for the Newport Hammocks CARL project. This includes the unused area of over twenty acres within the project site and well over 28 acres in additional existing parcels in adjacent areas. In addition,the county and the state would continue land acquisition efforts to expand the overall protection of endangered and threatened species and the habitat vital to their existence. 5.4 DETERMINATION OF EFFECT Six state or federally listed animal species are believed to have potential for occurrence at or near the site. Only two, the Florida tree snail (state threatened) and the white crowned pigeon (state threatened) have been found at the site, and use appears to be limited. Field surveys conducted by county biologists found one live Florida tree snail specimen and 39 tot noticed a few white crowned pigeons entering the area to feed. Based on habitat characteristics of the site and range and presence data, the occurrence potential for the remaining potentially occurring species (Schaus' swallowtail butterfly, eastern indieo snake, Miami black-headed snake, and Stock Island tree snail) is considered to be low. Based on the proposed clearing guidelines and the relatively low occurrence potential and degree of use, impacts to these species are considered to be non-significant, and the proposed action should not jeopardize the existence of these species. No federally listed plant species are present on-site, but several species on the state or county lists are present. The county plans to transplant the individuals of these species or replace them with additional specimens on areas proposed for hammock restoration. The project is considered Not Likely to Adversely Affect any of the species listed above, or any other federally listed species. 40 V 6.0 INCIDENTAL TAKE EVALUATION There is a potential for incidental take for the Schaus' swallowtail butterfly (federally endangered), eastern indigo snake (federally threatened), and Stock Island tree snail (federally threatened). Based on field surveys conducted by county biologists, the potential for occurrence of the Schaus' swallowtail butterfly and Stock Island tree snail are considered to be very low. In addition, the county has proposed additional pre- construction surveys, relocation procedures, and sequential clearing designed to allow the eastern indigo snake time to re-locate before heavy equipment enters the site. Based on these factors, the potential for an incidental take for these species is low. Based on the small site and adjacent hammock area size and character and the large home range requirements of the' eastern indigo snake, on a worst case basis, no more than one incidental take of an eastern indigo snake is likely. Since it is unlikely that any significant populations of the Schaus' swallowtail butterfly or Stock Island tree snail would remain undetected by the pre-construction surveys, any potential takes of these species should be minimal and limited to a few individuals. • • 41 7.0 CONCLUSIONS The county firmly believes that the project fairly mitigates or offsets overall impacts that are occurring within the terrestrial and marine ecosystems of the Florida Keys because of the water quality improvements that would result from the project. The project would result in an 86 percent (96,950 lbs./year) reduction in wastewater nitrogen and an 80 percent(22,232 lbs./year)reduction in wastewater phosphorous. The county has proposed mitigation and construction procedures intended to minimize habitat loss and to minimize the potential impacts to plant and animal species, particularly protected species. These include minimizing the impact area, siting the facility in the most disturbed portion of the site, restoration, and guidelines for clearing to minimize hazards to listed species. Six state or federally listed animal species are believed to have potential for occurrence at or near the site. Only two, the Florida tree snail (state threatened) and the white crowned pigeon (state threatened) have been found at the site. Field surveys conducted by the county found one live Florida tree snail specimen and noticed a few white crowned pigeons entering the area to feed. Based on habitat characteristics of the site and range and presence data, the occurrence potential for the remaining potentially occurring species (Schaus' swallowtail butterfly, eastern indigo snake, Miami black-headed snake, and Stock Island tree snail) is considered to be low. Based on the proposed clearing guidelines and the relatively low occurrence potential and degree of use, impacts to these species are considered to be non-significant, and the proposed action should not jeopardize the existence of these species. The project is considered Not Likely to _ Adversely Effect any of these species. Starting with an estimated 7-acre construction area, the construction area has been reduced to an area of 2.62 acres, with diligent attention to defining the best location on the project site for construction. Within this 2.62-acre construction area, approximately 0.41 acres is composed entirely of exotic vegetation. This reduces the direct impacts to tropical hardwood hammocks to about 2.21 acres. In addition, based on County Code requirements, significant transplantation or replanting of native protected plants found within the hammock area is required. The county would transplant or replace well over 2,000 trees and seedlings to adjacent cleared rights-of-way (currently disturbed and unimproved) to restore at 0.39 acres of disturbed area to hardwood hammock at the margins of the project site. The net impact to hardwood hammock is thus estimated to be about 1.82 acres. The replanting effort would also reclaim disturbed areas within the overall "Newport Hammocks" area reducing existing fragmentation of this hammock area. The remaining portion of the property (approximately 19 acres) would be dedicated conservation land and would form a connection between the Newport Hammocks CARL property to the northeast and the county's existing conservation lands to the south of the site. 42 V V► 8.0 LITERATURE CITED Cox,J.. R. Kautz, M. MacLauehlin, and T. Gilbert. 1994. Closing the Gaps in Florida's Wildlife Habitat Conservation System. Office of Environmental Services, Florida _game and Fresh Water Fish Commission. Tallahassee, FL. Cox, J. and R.S. Kautz. 2000. Habitat Conservation Needs of Rare and Imperiled Wildlife in Florida. Office of Environmental Services, Florida Fish and Wildlife Conservation Commission. Tallahassee, FL. Florida Game and Fresh Water Fish Commission. 1997. Florida's Endangered Species. Threatened Species, and Species of Special Concern. Official Lists. Tallahassee, FL. Moler, P. 1992. Indigo Snake. Pages 181-186 in P. Moler,editor. Rare and Endangered Blow of Florida. Volume 111 Amphibians and Reptiles. University Press of Florida. Gainesville, FL. United States Fish and Wildlife Service (USFWS). 1999. South Florida Multi-Species Recovery Plan. Atlanta, GA. 2472 pp. • 43 APPENDIX A List of Endangered,Threatened, and Regionally Important Species Located in the Upper Florida Keys 44 V Table A.1: List of Endangered, Threatened, and Regionally Important Species Found in the Upper Florida Keys Common Name Scientific Name Status St Fed MC Insects Schaus' swallowtail butterfly Heraclides aristodemus ponceanus E E Fish Key silverside Menidia conchorum T Mollusks Florida tree snail Liguus fasciatus SSC Stock Island tree snail Orthalicus reces reces E E Mammals Key Largo woodrat Neotomafloridana smalli E E Key Largo cotton mouse Peromyscus gossypinus allaparicola E E Reptiles • American alligator Alligator mississippiensis SSC T American crocodile Crocodylus acutus E E Eastern indigo snake Drymarchon corals couperi T T Miami black-headed snake Tantilla oolitica T Birds White-crowned pigeon Columba leucocephala T Arctic peregrine falcon Falco peregrinus tundrius T Southeast American kestrel Falco sparverius paulus T Southern bald eagle Haliaerus leucocephalus T T 45 v Common Name Scientific Name Status St Fed MC Least tern Sterna antillarum T Roseate tern Sterna dougallii T T Plants Tamarind'llo/Sweet acacia Acacia choriophylla E Long spined acacia Acacia micrantha RI Sweet pine acacia Acacia pinetorum RI Golden leather fern Acrostichum aureum E Giant leather fern Acrostichum danaeijolium C False foxglove Agalinis keyensis RI Colic root Alelrisfarinosa T Pineland alamanda Angadenia berterii T RI Pond apple Annona glabra RI Blodget's wild mercury Argythamnia blodgettii E Saltmarsh aster Aster tenuifolia RI Pine pink Bletia purpurea T Borreria Borreria ocimoides RI Borreria . Borreria terminalis RI Little strongback Bourreria cassinifolia E Rough strongback Bourreria radula E Blue hearts Buchnera elongata RI Locust berry Byrsonima lucida E Yellow nickerbean Caesalpinia major E Fewflower holdback Caesalpinia paucillora E Spicewood/Pale lidflower Calyptranthes pollens T Myrtle of the river Calyptranthes zurygium E Cinnamonbark Canella winterana E 46 J Common Name Scientific Name Status St Fed MC Big Pine partridge pea Cassia keyensis E Dune lily-thom Catesbaea parviiflora E Butterfly pea Cenrrosima virginianum RI Prickly apple Cereus gracillus E Barbed wire cactus Cereuspentagonus T Key tree cactus Cereus robinii - E E Spurge Chamaesyce adenoptera RI Spurge Chamaesyce deltoidea ssp deltoidea E E Spurge Chamaesyce garberi E T Spurge Chamaesyce porteriana v.porteriana E Spurge Chamaesyce porteriana v. scoparia E Satinleaf Chrysophyllum oliviforme T Small's thistle Cirsium horridulum RI Bull thistle Cirsium vulgare RI Fiddlewood Citharexylumfruiticosum RI Autograph tree Clusia rosea E Silver palm Coccothrinar argentata T Coffee colubrina `' Colubrina arborescens E• Cuba colubrina Colubrina cubensis E Soldierwood Colubrina elliptica E• Dayflower Commelina recta RI Cordia bush Cordia globosa . E• Orange geiger Cordia sebestena E Tickseed Coreopsis gladiata RI Quail berry Crossoperalum ilicifolium E Rhacoma Crossoperalum rhacoma E Wild croton Croton humilis E• 47 1101 'IS Common Name Scientific Name Status St Fed MC Cupania Cupania glabra E Blodget's milkweed vine Cynanchum blodgettii T• Hairnet vine Cynanchum palustre RI Minerwort Cynoctonum mitreola RI Coin vine Dalbergia brown!! E' Whitetop sedge Dichromenafloridensis RI Caribbean crabgrass Digitaria dolichophylla P Keys varnish leaf Dodonaea elaeagnoides E Milkbark Drypetes diversifolia E Guiana plum Drypetes laseriflora T Dollar orchid Encyclia boothiana E Clamshell orchid Encyclia cochleata E Butterfly orchid Encyclia tampensis C Night scented orchid Epidendrum nocturnum E _ Rigid epidendrum Epidendrum rigidum E Black torch Erithalisfruiticosa T Golden beach creeper Ernodea littoralis T Coral bean Erythrina herbosa RI Redberry stopper Eugenia confusa E Red stopper Eugenia rhombea E Creeping morning glory Evolvulus sericeicr v. sericeus - RI Creeping morning glory Evolvulus serius v. averyi RI Creeping morning glory Evolvulus serius v. glaberrimus RI Princewood - Exostema caribaeum Es lnkwood Exothea paniculata RI Florida privet Forestiera segregata RI Milkpea Galactia parvifolia RI 48 ri., V v Common Name Scientific Name Status St Fed MC Milkpea Galactic pinetorum RI Milkpea Galactic prostrata RI Milkpea Galactia regularis RI Milkpea Galactia small!! E E • Galium Galium hispidum RI Wild cotton Gossypium hirsutum E Lignum vitae Guaiacum sanctum E False boxwood Gyminda latifolia E Heliotrope Heliotropiumpolyphyllum RI Golden aster Heterothecagraminifolia RI Rose mallow Hibiscus poeppigii E Manchineel Hippomane manicinella E Diamond flower Houstonia nigricans v.floridana RI White ironwood Hypelate trifoliata E Fringed star grass Hypoxis wrightii RI Indigofera Indigofera keyensis E RI Indigofera Indigofera miniata RI Curtis clustervine Jacquemontia curtissii T Havana clustervine Jacquemontia havanensis E' Bahama morning glory Jacquemontia pentanthos E• Joewood Jacquinta keyensis T Parasitic ghost plant Leiphaimos parasitica E' Blazing star Liatris chapmanif RI Blazing star Liatris tenuifolius v. aphyllus RI Sand flax Linum arenicola E Galdes lobelia Lobelia glandulosa RI Wild dilly Manilkara jaimiqui T' 49 hut '1400 Common Name Scientific Name Status St Fed MC Mastic Mastiehodendronfoetidissimum RI Mayten Mayrenusphyllanthoides T• Melanthera Melanthera aspera r. glabriuscula RI Poor man's patches Mentzeli floridana RI Cutleaf morning glory Merremia dissecta RI Simpson stopper Myrcianthes fragrans T Sensitive plant Neptunia pubescens v.pubescens RI Semaphore cactus Opuntia spinosissima E Prickly pear cactus Opuntia stricta T T Keys jumping cactus Opuntia triacantha E Corky passionflower Passjora suberosa E• Pectis Penis leptocephala RI Swamp bay Persea borbonea RI Mahogany mistletoe Phoradendron rubrum - E Five-petal leaf-flower Phvllanthes pentahyllus v.floridanus RI Groundcherry Physalis angustifolia RI Piriqueta Piriqueta caroliniana v. glabra RI Piriqueta Piriqueta caroliniana v. tomentosa RI Pineland pisonia Pisonia rotundata E• Blackbead Pithecellobium keyensis T• Everglades poinsettia Poinsettia pinetorum E Milkwort Polygala boykinii v. sparsifolia RI Milkwort Polygala grandiflora RI Buccaneer palm Pseudophoenix sat-genii! E Long-stalked stopper Psidium longipes T• Wild coffee/Dull leaf Psychorria ligustrifolia E• Cretan break fern Preris bahaminsis T 50 V V Common Name Scientific Name Status St Fed MC Rabbit tobacco Pterocaulonpycnostachyum RI Red ironwood Reynosia seplentrionalis T' Brown-nosed snout pea Rhynchosia cinera - RI Hammock snout pea Rhychosia swartzii E• Royal palm Roystonea data E • Marsh pink Sabatia stellaris RI Bahama sachsia Sachsia bahamensis E Pineland pimpernel Samolus parvillorus RI ' Soapberry Sapindus saponaria RI Maidenbush Savia bahamensis E• lnkberry Scaevola plumieri T Florida boxwood Schaefferia frutescens E• Scrub bluestem Schizachyrium sericatum E• Gulf greytwig Schoepfia chtysophylloides RI Skullcap Scutellaria havanensis E• RI Bahama cassia Senna mexicana T• Teaweed Sida rubromarginata RI Paradise tree Simaruba glauca RI Blue-eyed grass Sisyrinchium arenicola RI Greenbriar Smilax havanensis T• Potato tree Solanum donianum T• Necklace pod Sophora tomentosa RI Buttonweed Spermacoce terminalis T• Parsley fern Sphenomeris clavata E Ladies tresses Spiranthes polyantha E Pride of Big Pine Strumpfia marltima E Everglades pencil flower Stylosanthes ca/cico/a E' RI 51 Common Name Scientific Name Status St Fed MC Pencil flower Stylosanthes hamata RI Mahogany Swietenia mahogani E Abrupt-tipped maiden fern Thelypteris augescens T Shield fern Thelypreris kunthii RI Brittle thatch palm Thrinax morrisii E Florida thatch palm Thrinar radian E Reflexed wild pine Tillandsia balbisiana 7' Stiff wild pine Tillandsiafascicular° E ' Twisted/Banded air plant Tillandsiaflexuosa E Giant wild pine Tillandsia utriculata E Sea lavender Tournefortia gnaphalodes E Pineland noseburn Tragic sari cola 7' West Indies trema Trema lamarckianum E" Florida gamma grass Tripsacum floridanum E Pearl berry/Tear shrub Vallesia antillana E" Worm-vine orchid . Vanilla barbellara E Ironweed Vernonia blodgettii E" RI Tallowwood, Hogplum Ximenia americana RI Florida coontie Zamia floridana C Florida arrowroot Zamia integrifolia C Satinwood/Yellow heart Zanthoxylum flavum_ E E =Endangered T=Threatened SSC=.Species of Special Concern C=Commercially Exploited RI = Regionally Important 52 Attachment 1 Section 9.5-344, Land Development Regulations Transplantation Plan 53 d Sec. 9.5-344. Transplantation plan. (a) A transplantation plan shall contain the following: (1) A survey indication the location, size and species to be transplanted; (2) Identification of the transplantation site including the ultimate location, size and species of all plants to be transplanted; (3) The transplantation method to be employed, including: a. A schedule, by week, of each step of the transplantation process and a specific completion date; b. Demonstration of the qualifications and experience of the individual or firm performing the transplanting; c. The means of excavating the plant materials; d. Preparation of the site to which the plant material will be transplanted: and e. A schedule of maintenance of the plant material after it has been transplanted; (4) A written narrative description of the likelihood of the success of transplantation including a description of other successful transplantation of the species proposed to be transplanted. • (b) All transplantation plans shall meet the following standards: (I) If. upon site evaluations and review of the narrative required in subsection (4) above, the proposed transplantation is deemed not feasible by the county biologist and preservation is not possible, replacement with nursery stock may be permitted pursuant to the standards listed below; a. Nursery stock shall be of the same size as the plants required to be transplanted. or if of smaller size, shall be substituted at the ratio of two (2) nurSery plants for every one (1) plant proposed for removal; b. Nursery stock shall be of the same species whenever possible, or equally rare species as approved by the county biologist; (2) All transplantation shall be on the development site unless there is no suitable planting area available; (3) Transplantation plans shall be approved by the county biologist prior to issuance of a permit and shall be attached as a condition on the permit; (4) All transplantation shall be completed prior to issuance of a certificate of occupancy(C.O.) for the site, or, where a C.O. is not applicable, within the time frame outlined in the transplantation plan. (5) All transplantation shall meet a survival rate of eighty(80)percent. (c) Off site transplantation: (1) Receiver sites eligible for off site transplantation shall be either: a. Located within an area of publicly-owned (local, federal.or state) land which is designated solely for the purpose of reforestation, restoration and/or preservation; or b. Located within a site owned by a private non-profit conservation organization where the site is designated for the sole purpose of reforestation, restoration and/or preservation. (2) Sites not eligible as receiver sites for off site transplantation: a. Any area designated for landscaping that serves an architectural or aesthetic purpose only: b. Any arca which is a required landscape or buffer area by county code • (however, required scenic corridors are eligible); c. Any area which would require clearing of native trees or habitat to make room for plants; and d. Any area which is required for planting, restoration,or mitigation under the • county land development regulations as part of or as a result of a code violation case. (3) Additionally, the off site transplantation area shall be either: • a. Suitable for restoration to the same habitat type as the applicant's property, as confirmed by the county biologist after site inspection: or b. Suitable for establishing new habitat, provided that it can reasonably be expected to support the applicable habitat type based upon site history and characteristics and is approved by the county biologist. (4) Off site transplantation methods: a. The transplantation plan shall be part of a written tri-party agreement or memorandum of understanding (MOU) between the applicant, the receiving (transplantation) site owner, and the county. The agreement or MOU shall be prepared by the applicant in a for acceptable to the county and should state responsibilities and include a copy of the transplantation plan. b. All initial costs of transplantation, including materials, installation and labor required to establish the plants(initial watering, etc.)and to remove exotic vegetation to prepare the site, shall be the responsibility of the applicant and shall be calculated as follows in accordance with the terms of the agreement: 1. For transplantable plant material, the applicant shall pay to the owner of the receiver site,an amount equal to on hundred (100) percent of the cost of transport and delivery of the plants plus one hundred (100)percent of two (2) times the cost of a substitute nursery plant material (according to the ratios in subsection (b)(I)a. above) to cover labor and installation, plus, fifteen (15) percent of the cost of substitute nursery plant material to cover maintenance for one (1) year. Witat 2. For nursery stock, the applicant shall pay to the owner of the receiver site and amount equal to one hundred (100)percent of the cost of plant materials (including transportation and delivery), plus one hundred (100) percent of two(2)times the plant material cost to over labor and installation,plus fifteen (15)percent of the cost of substitute nursery plant material to cover maintenance for one(1)year. c. All physical maintenance and guarantees required by the transplantation plan after installation and establishment of plants shall be the responsibility of the o9wner of the receiver site. d. As part of the guaranteed maintenance,the owner of the receiver site shall agree to:keep it free of invasive exotic vegetation in perpetuity. (d) If none of the above alternatives are available then the applicant shall provide a fee equal to the cost of the replacement plants plus installation and maintenance. calculated in accordance with section(cx4)b.2.above. This fee shall be held in an escrow account of similar instrument which shall be used by the county to restore and • manage public lands in county or,at the discretion of the county,to a willing government agency or public or private conservation group for off-site replacement of the affected habitat. The county biologists shall prepare a fee schedule which shall be periodically revised based on the market costs for replacement plants and installation. The county shall adopt administrative procedures for management of the escrow account. (e) Inability to locate eligible off site transplantation area. Until the administrative procedures referenced in section (d) above are adopted, the following procedure shall be used when no other alternative is available. If the applicant demonstrates to the county the he/she has exhausted attempts to locate an off site transplantation area which meets the criteria of section (c) above,and is unable to locate a suitable site. the following method shall be employed:(1) The applicant shall submit to the county a transplantation plan which includes all of the items listed in subsection (a)above with the exception of the location of trees at the receiver site; (2) The applicant should then arrange, with assistance form the county for removal of the plants from site by area nurseries, landscapers, and other individuals for future replanting; .. (3) Prior to approval of final inspection for a certificate of occupancy,the applicant shall demonstrate that all of the required plants have been removed for transplantation byasubmitting receipts to the county form the above individuals which state the species and number of plants removed for transplantation. (Ord. No. 33-1986, § 9-810; Amd. 1-2-96) Attachment 2 Section 9.5-345, Land Development Regulations Environmental Design Criteria High Hammock (High Quality) 54 Sec. 9.5-345. Environmental design criteria. No land, as designated on the existing conditions map and analyzed in accordance with the standards in section 9.5-339 and 9.5-340, shall be developed,used or occupied except in accordance with the following criteria unless the county biologist recommends an authorized deviation from the following criteria in order to better serve the purpose and objectives of the plan and the director of planning or planning commission approves the recommendation as a minor or major conditional use. No recommendation for an authorized deviation from these environmental design criteria shall be made unless the county biologist makes written findings of fact and conclusions of biological opinion which substantiatenhe need and/or benefits to be derived from the authorized deviation. (a) Clustering: It is the purpose of this section to minimize the environmental impacts of development by encouraging design of a development on a parcel of land to incorporate clustering of the development away from the natural areas on the parcel that are the most susceptible to harmful development impacts. Clustering requirements shall apply to all development, including plat design, and shall be achieved in the following manner: (I) When a parcel proposed for development contains more than one(1) habitat type, all development shall be clustered on the least sensitive portions of the parcel subject to the maximum net densities of section 9.5-262 and 9.5-269 and the performance standards of this section. For the purpose of this subsection, the relative sensitivity of separate habitat types shall be as listed below with subsection(a) being the most sensitive and subsection being the least sensitive. Development within the least sensitive habitat shall achieve the maximum density or intensity allowable by these regulations and shall fully utilize the buildable area of the habitat prior to expanding to the next least sensitive habitat type on the site. For proposed plats, these cluster requirements shall be applied such that the number of proposed lots are sized and configured to achieve the highest allowable density within the least sensitive habitat prior to locating additional lots within the next least sensitive habitat. a. High hammock (high-quality); b. Palm hammock; c. Cactus hammock; d. Beach/berm; e. Pinelands (high-quality); f. Salt marsh and buttonwood wetlands; g. High hammock (moderate-quality); h. Low hammock (high-quality); i. Low hammock (moderate-quality); j. Pinelands (low-quality); v V k. High hammock (low-quality); I. Low hammock (low-quality); m. Disturbed beach/berm; n. Disturbed with slash pines; o. Disturbed with salt marsh and buttonwood; p. Disturbed with high hammock; q. Disturbed with low hammock; r. Disturbed; s. Disturbed with exotics. (2) In addition to the requirements of subsection (I)above, when a parcel proposed for development contains more than one (1)habitat type,the development shall be clustered within the least ecologically valuable area of each habitat as determined , by the county biologist. (3) When a parcel proposed for development contains only one (1) habitat type, the development shall be clustered within the least ecologically valuable area of the habitat as determined by the county biologist. . • (c) High Hammock(High-Ouaiiry): All structures developed, used or occupied on parcels of land that are evaluated as high-quality high hammock according to the habitat evaluation index set out in section 9.5-339 shall be designed. located and constructed such that: (1) All listed threatened, endangered, commercially exploited. and regionally important native plant species are preserved, protected. relocated or replaced with nursery stockof the same species or equally rare species suitable to the site pursuanrto a transplantation program approved in accordance with section 9.5- 344 of this division. (2) The edges and general dome configuration of the hammock are preserved in their natural form; (3) All native trees with a diameter at breast height(DBH) of greater than three and one-half(3 %:) inches shall be preserved, relocated or replaced with nursery stock of the same species or equally rare species suitable to the site at a ratio of two (2) replacements for every one (1)tree removed pursuant to a transplantation program approved in accordance with section 9.5-344 of this division. (4) All specimen trees shall be preserved in their natural condition; (5) All areas of required open space shall be maintained in their natural condition, including the preservation of midstory and understory vegetation; (6) All areas of required open space shall have minimum dimensions of two hundred (200) feet and a minimum of at least one-half acre; (7) The habitat of threatened and endangered animals shall be preserved; (8) All areas of disturbance shall be managed to avoid the introduction and/or establishment of invasive exotic species: and (9) All invasive exotic species shall be removed from the parcel proposed for development. (10)A construction impact zone is provided and construction barriers are required at the outer edge of the construction impact zone and shall be visible and of durable material such as wood, fabric, wire fencing,rope or wire cable: Barriers shall remain in place until final inspection for a certificate of occupancy has been approved. . 3 v Exhibit M uan.i III NMI SEW ChM" Court Clrk orL.the Ciemtit Court FAX:Phone: (306) 5a6635 e-mall: phanmek®monrveckrk.mm %' Elginv § Memaraazdzcm iAUG - 6 2002 -I /'/ T0: Timothy McCarty, Director i Growth Management Division GROWTH MANAGEMENT OWISION //�� ATTN: Colleen Gardner - t ry t� T} Executive Assistant • FROM: Pamela G. Hanc . • Deputy Clerk , . DATE: July 31, 2002 At the July 17, 2002, Board of County Commissioner's meeting the Board adopted Resolution No. 306-2002 adopting policies and guidelines on standards of reasonableness for central sewer connection fees and monthly charges and public financial assistance to wastewater systems and economically disadvantaged households. Enclosed is a certified copy of the subject Resolution for your handling. Should you have any questions please feel free to contact our office. cc: County Administrator w/o document County Attorney File v RESOLUTION306 -2002 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING POLICIES AND GUIDELINES ON STANDARDS OF REASONABLENESS FOR CENTRAL SEWER CONNECTION FEES AND MONTHLY CHARGES AND PUBLIC FINANCIAL ASSISTANCE TO WASTEWATER SYSTEMS AND . ECONOMICALLY DISADVANTAGED HOUSEHOLDS I WHEREAS, on June 20, 2002, the Board of County Commissioners (BOCC) directed its staff to prepared a Programmatic Implementation Plan to guide the funding and scheduling of wastewater projects identified in the Sanitary Wastewater Master Plan; and, WHEREAS, a significant element of the Programmatic Implementation Plan is the establishment of policies on the standards of"reasonableness"for connection fees and monthly user charges and the level of public assistance to be provided wastewater projects and economically disadvantaged households;and, WHEREAS, the County staff has identified the following policy objectives for the establishment of such standards: o To encourage the initiation and sponsorship by the BOCC through the FKAA of cost effective wastewater improvements by providing a quantitative basis for evaluating and comparing projects as to their viability and priority for government financial support; o To achieve some uniformity in connection/impact fees and user charges throughout unincorporated Monroe County to equitably offset the higher cost of implementation presented by smaller and more remote areas; o To enable the BOCC to more efficiently and effectively allocate federal/state grants and County financial resources to projects in order to optimize the number of projects that can be undertaken and the number of cesspits and substandard systems replaced; o To provide a basis for determining the level and type of public financial assistance required for wastewater systems and for economically disadvantaged households on a project by project basis; and o To provide a policy basis for FKAA to undertake projects and establish its rate and connection fee structure for wastewater projects; and C:TEM P\feeslandards-resol.doe Page I of4 *iv WHEREAS, the U.S. Environmental Protection Agency has recommended in its publications standards of"reasonableness"on the costs of wastewater projects; WHEREAS, The U.S. Environmental Protection Agency defines "reasonable" costs as no more than 2% of the annual median household income for the area, which include monthly service charges and capital costs amortized over a 20-year period; and, WHEREAS, the median annual household income for Monroe County in 2001 was $52,100, which means that the threshold for "reasonable" costs for households with median incomes would be $87 per month; and, WHEREAg, the County staff has prepared policies on standards of "reasonableness" of costs for central wastewater projects and economically disadvantage households based on the U.S. Environmental Protection Agency's recomrttendations; WHEREAS, the.County staff has also prepared specific policies on levels and • types of public financial assistance to wastewater projects and economically disadvantaged households based on these above standards; and, WHEREAS, the BOCC has reviewed the proposed policies*on standards and public financial assistance prepared by the County staff to achieve the above policy objectives; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY,FLORIDA THAT: Section 1. The BOCC endorses the policy objectives for establishment of standards of"reasonableness"for costs related to central wastewater projects. Section 2. The BOCC approves the following standards for connection fees, monthly charges, and total user charges for central wastewater systems: A. Connection fees should be no more than approximately $2,700 per Equivalent Dwelling Unit (EDU) after any federal/state grants or County funds are applied. B. The monthly service charge per EDU should be $35 or less per month, excluding debt service costs. C. The total fees and user charges per EDU should not be more than $87 per month. These total fees and charges include all connection (capital) costs amortized at 6%over 20 years; the out-of-pocket costs to property owners, estimated at an average cost of$12.54 per month [estimated average cost of S1,750 amortized at 6% over 20 years], for the decommissioning of existing on-site systems and installation of laterals to connect at property C:\TEMP\feestandards-resol.doc Page 2 of 4 v line with central sewer system; and, monthly operations and maintenance costs including any debt service costs. Section 3. The BOCC recognizes that the above standards are intended to be desirable "target" levels which the County should endeavor to meet; however, differing circumstances and situations warrant discretion in their strict application. Section 4. The BOCC establishes a policy that the level of public grant assistance both local and federalstate to be provided projects shall be sufficient to ensure that per EDU connection fees are no more than $2,700 and monthly user charges are 535 or less, excluding any debt service. The BOCC states that in provision of this grant assistance, the County's policy shall be to solely reduce the capital costs for such systems not operations and maintenance (O&M) costs. The BOCC further states that except for such assistance that may be provided to disadvantaged households, the out-of-pocket costs incurred by property owners for the decommissioning of on-site systems and installation of laterals to the property line, shall be borne by the property owner. Section 5. The BOCC directs the staff to undertake all tasks necessary, including the resolution of any financial, legal, and risk management issues, to establish a revolving loan fund or escrow accounts using 304 Funds that would help underwrite or guarantee wastewater projects and/or provide working capital. Section 6. The BOCC establishes a policy of providing financial assistance to economically disadvantaged households based on the 2 percent of annual median income household "reasonableness" standard. The two classes of economically disadvantaged households are "low income" (annual household income of between 80 to more than 50 percent of area median annual household income) and "very low income" (annual household income of 50 percent or less of the area median annual household income). Section 7. The BOCC directs the staff in coordination with the FKAA to develop specific recommended administrative policies and procedures to implement a financial grant assistance program for economically disadvantaged households. Section 8. The BOCC directs the staff to transmit a copy of this resolution to the Florida Keys Aqueduct Authority. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] C:1TEM%Pee standards-reso I.doc Page 3 of 4 `. Nuti PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 17ih day of July, A.D., 2002. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA Mayor Charles"Sonny"McCoy es Mayor Pro Tern Dixie Spehar yes Commissioner George Neugent Commissioner Bert Jimenez � Commissioner Murray Nelson —ye r oti � BY: z4 �� MAYOR/CHAIRPERSONC!V— r V � � DANNY .KOLHAGE, CLERIC / BY: .+,..e. T PUTY LERK 0 - cc o w si • C.) C L. W W r- SV� • a: C G .Z 4ParC o — .00 ���AS VI '-I0 8 rQ J FYW W ' ,C 0 D ROgffrN _ v 0 p DATE LT N t CITEMPIfeestandards-resol.doc Page 4 of 4 i60 Exhibit N County of Monroe Growth Management Division 2798 Overseas Highway Board of County Commissioners Suite 410 Mayor Charles"Sonny"McCoy, Dist.3 Ait Marathon,Florida 33050 ([�' m pro Tem Dixie M.5pehar,Dist. I Voice:(305) 289 2500 Comm.Bert Jimenez,District 4 FAX (305) 289 2536 Comm. Murray Nelson,District 5 Comm. George Neugent,District 2 • MEMORANDUM TO: Board of County Commissioners • FROM: Timothy J. McGarry, AI Director of Growth Mana r t DATE: July 15,2002 SUBJECT: Proposed Policies on "Reasonableness"of Central Wastewater Connection Fees and User Charges and Public Financial Assistance to Wastewater Systems and Economically Disadvantaged Households Overview At its June 20, 2000, meeting, the Board of County Commissioners directed staff to prepare a recommended Programmatic Implementation Plan for the Sanitary Wastewater Mastet Plan. A significant element in preparing the Plan is the adoption of specific policies establishing standards for reasonable central wastewater connection fees and monthly service charges and levels of public financial assistance to be provided specific wastewater systems and economically disadvantaged households. This memorandum presents staff issue analysis and recommendations for establishing these policies, including a draft adopting resolution(attached)for consideration by the BOCC. Issues Background The Sanitary Wastewater Master Plan calls for several hundred million dollars in wastewater improvements to be implemented within a relatively short period of time. These improvements are to be all completed by 2010. Unfortunately the County has insufficient funding commitments from the federal and state governments to substantially finance these improvements and, therefore, must rely upon its scarce revenue sources and the financial capabilities of its residents. As is well documented in the Sanitary Wastewater Master Plan, the capital cost for these improvements will vary from an average of$14,000 for on-site systems to anywhere from $4,000 1:\DOCUMENT W astewater\policyrates.doc Page I of 6 b to $15,000 for central systems. The average capital per EDU cost for central systems throughout the County in 2002 dollars is estimated to be approximately$10,880. [This figure does not include the estimated avenge cost to property owners of$1,750 to decommission existing on-site systems and connect to central sewer at their property lines.) The capital costs for central systems vary considerably depending upon the level of treatment, number of users and compactness of the collection system. Excluding charges for any debt service, the Sanitary Wastewater Master Plan estimates that the the operations and maintenance costs for on-site systems will range around $125 per month. Monthly charges for central sewers, which are dependent upon the size of the treatment plant, its level of treatment, and number of users, will range from $30 to $75 per month. In general, the more users on a system the lower per EDU operating costs. Recognizing that the County is not in a position to further delay the construction of needed wastewater improvements while waiting to receive up-front funding commitments from federal and state sources, the County needs to develop a Programmatic Implementation Plan that schedules and programs wastewater projects based on wastewater priorities and amount of anticipated federal, state, and local funding available. To more efficiently and equitably allocate and program its scarce financial resources to needed projects, it is highly desirable that the BOCC establish specific policies on standards of"reasonableness"for connection fees and monthly service charges. These policies would then provide the foundation for setting policies on the levels of public financial assistance to wastewater system and economically disadvantaged households. Policy Objectives for Establishment of Standards of"Reasonableness" The establishment of such standards of"reasonableness" by the BOCC is intended to accomplish the following policy objectives: o To encourage the initiation and sponsorship by the BOCC through file FKAA of .cost effective wastewater improvements by providing a quantitative basis for evaluating and comparing projects as to their viability and priority for government financial support. o To achieve some uniformity in connection/impact fees and user charges throughout unincorporated Monroe County to equitably offset the higher cost of implementation presented by smaller and more remote areas. o To enable the BOCC to more efficiently and effectively allocate federallstate grants and County financial resources to projects in order to optimize the number of projects that can be undertaken and the number of cesspits and substandard systems replaced. o To provide a basis for determining the level and type of public financial assistance required for wastewater systems and for economically disadvantaged households on a project by project basis. 1:\DOCUMENTW astewaterApolicyrates.doc Page 2 of 6 V � o To provide a policy basis for FKAA to undertake projects and establish its rate and connection fee structure for wastewater projects. Standard of Reasonableness for Costs What constitutes"reasonable"costs for a wastewater system is a subjective and a policy issue. The U.S. Environmental Protection Agency defines "reasonable costs" as 2% of the median annual household income for an area. This reasonable cost standard assumes no up-front hook-up fee, but spreads these costs over a 20-year period including monthly operating and maintenance costs. Using the 2001 median annual household income for Monroe County of$52,100, the threshold for reasonable costs would be $1,042 or approximately $87 per month. For example, using the estimated costs for Bay Point prepared by CH2MHill in its report to the BOCC last month, the projected monthly costs for each household in this system would be $68 based on the total costs of following: (I) costs per EDU to connect and replace existing on-site systems amortized at 6%,for 20 years-$23 per month ($1,360 for connection fees and $1,750 for decommissioning of on-site systems and connections at property line); and, (2) per monthly EDU operational and maintenance (O&M) costs of$45. This total figure of$68 per month would be $19 less than the "reasonable" threshold set by EPA. The EPA recommended standard represents a good starting point for setting policy standards for connection fees and monthly charges, especially when it is recognized that monthly wastewater treatment costs in the Florida Keys, as documented in the Sanitary Wastewater Master Plan, are significantly higher than the rest of the United States. However, rather than use a single dollar threshold for the standard, the staff believes it would more appropriate and useful to establish individual standards for up-front capital costs and monthly charges with an overall limit on the total monthly costs to users (EDUs). • These standards should be treated as desirable"target" levels which the County should try to meet. They are intended to be applied with some discretion for the BOCC and FKAA in addressing differing circumstances and situations. Therefore, based on the cost information provided in the Sanitary Wastewater Master Plan and cost information provided for projects now under development, the staff recommends the following standards for connection fees,monthly charges, and total user charges: Connection Fees: Connection fees should be no more than approximately$4,500 per EDU (approximately 41 percent of estimated per EDU average costs County-wide) after any federal/state grants or County funds are applied. Some of these costs may be financed through monthly user chargers. These costs do not include the estimated $1,750 in out-of- pocket costs to property owners to pay for decommissioning of their on-site systems and installation of lateral connections to property line for connection to the central sewer. Monthly User Charges: The standard monthly user fee per EDU should be $45 or less per month, excluding debt service. Without considering debt service, the monthly O&M \1GMD0059\tim\DOCUMENT W astewater\policyrates.doc Page 3 of 6 costs should not be more than $60 per month Any systems that have O&M costs higher than $60 per month may be of insufficient size to warrant sponsorship, except in special situations. Total Fees and Charges: After discounting for federal/state grants and County fimding assistance, total fees and charges by EDU should be no more than $87 per month, including the amortized costs borne by the property owner to pay for decommissioning of existing on- site systems and connection to central system at property line. The following costs should be totaled to determine the total fees and charges by EDU: (1) connection fees amortized for 20 years at 6%; (2) $1,750 for decommissioning of existing on-site systems and connection to the central sewer system amortized for 20 years at 6% [$12.54 per month]; and (3)monthly service charges including any debt service costs. [It should be recognized that on-site systems are considerably higher than this$87 per month threshold.] Therefore, by adding the standard of$4,500 for connection fees and the estimated$1,750. paid out-of-pocket by the property owner (decommissioning of the existing on-site system and installing lateral to sewer system at the property line) amortized at 6% for 20 years to the standard of $45 per month for O&M costs, the total user charges would be approximately$86 per month. [The Little Venice facility with a$4,700 connection fee per EDU and an estimated monthly service charge of$50 would not meet this standard without further public subsidy.] Public Financial Assistance Policies Policies for public financial assistance should address three grant categories: (1) level of public grant assistance to projects to achieve specific reasonableness standards for connection fees, which reflect the capital costs of the project; (2) provision of"interest" free or "low-interest"revolving loan funds to be used to write down the financing costs of project including providing a"financial guarantee" to project sponsors; and, (3) provision of grants to eligible households earning 80 percent or less of the median household income. The following are specific policies recommended by the staff for each of the three specific areas: Public Grant Assistance: The BOCC should provide grant assistance and/or secure grant assistance from federal/state sources for wastewater projects at a level sufficient to meet wastewater project connection fees standards of no more than $4,500 per EDU and a monthly user charge of$45 or less. [It should be noted that public assistance canonly write down capital costs (connection fees) not O&M costs.] Should the proposed project have estimated monthly user fees per EDU of more than $60 per month (assuming no debt service) or results in total user fees and charges per EDU of more than $87 per month, the BOCC may want to seriously reconsider the merits of the project as proposed. Public Revolving Loans: Where necessary to guarantee a project that provides a public benefit and where sufficient capital is required to underwrite a project, the BOCC should establish revolving loan fund or escrow accounts using 304 Funds (Infrastructure Tax). Although the details would have to finalized on such funds, such as draw-down and 1:DOCUMENT1 W astewatertpolicyrates.doc Page 4 of 6 i payback procedures tht would sufficiently meet close legal, risk management, and financial scrutiny, such revolving funds accounts could be used to provide FKAA or a regulated utility such as Key West Resort Utility with working capital to guarantee and reduce the financing costs of wastewater treatment facilities (if legal under Florida law). Public Grant Assistance to Households: The BOCC should establish a policy for providing direct financial assistance with County funds or federal/state grants (such as Community Block grant program) to assist economically disadvantaged households in reducing their connection fees and costs to decommission their existing on-site system and connect with central sewer. The staff suggests that the proposed level of funding support should be based on taking 2% of the annual household income divided by 12 for low income households (80 percent of median household income) and very low income households (100 percent of the median household income) and comparing it with the total fees and charges for the project. The eligible household would receive either the difference between the two figures times 240 (20 years times 12 months) or the amount of the connection fees and on-site property costs ($1,750) amortized at 6% for 20 years, whichever was less. [This limitation reflects that fact that only capital costs are to be subsidized not operating and maintenance costs.] • For example, in the case of the Bay Point project, the total fees and charges are estimated to be $68 per month. Under the reasonable threshold of 2% per annual household income, a low income household would be able to afford a rate of$69.47 per month, which is more than the $68 per month costs for the Bay Point project. Therefore, these households would not be eligible for any public gram assistance. However, for very low income households the reasonableness threshold of 2% of annual income would be only $43.42 per month. Therefore, very low income households would be eligible for public grant assistance under the Bay Point example. Under the Bay Point example for very low income households, the amount of the grant would be calculated by taking the difference between the reasonableness threshold and projected total fees and charges ($68 minus $43.42). This difference of$24.58 per month when carried out over 20 years is $5,899. Therefore the property owner would be eligible for reimbursement of the full connection fees ($1,360) and on-site costs (decommissioning and lateral connection) of$1,750 for a total of$3,110. [In detailing the specifics of this program, some consideration should be given to whether or not it is desirable to provide further subsidy to property owners where on-site out-of-pocket costs are higher than the average $1,750; however, any such consideration would increase the complexity and costs of the grant program. ] The BOCC should also establish policies that require that for a property owner to be eligible for this grant, that the property owner must meet the income guidelines and be homesteaded. In situations where renters meet the income requirements of this grant, the J:\D OCUM EMI W astewater\po l icyrates.d oc Page 5 of 6 410 property owner would be eligible to receive the grant, ift property owner agrees to place a 20-year restrictive affords Ae housing covenant on the re idence(s) to be connected. In the proposed resolution, the staff has recommended a broad policy statement indicating the BOCC's intentions. Full details on the program will need to be developed to implement such a program, including grant administration. Recommendation The staff recommends that the BOCC adopt the attached resolution, which includes the above policies and standards dor establishing reasonable.connection fees and user charges and public financial assistance to projects and economically disadvantaged households. Attachment • • 1:1DOCUMENTW astewater\policyrates.doc Page 6 of 6