Item P05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/21/06
Division:
County
Administrator
Bulk Item: Yes X No _
Department:
County
Administrator
Staff Contact Person: Deb Barsell
AGENDA ITEM WORDING: Approval of the FDOT Litter Control and Prevention Grant
Agreement/Keep America Beautiful (KAB) Systems, KAB affiliate yearly fee, authorization for the
Mayor or Mayor Pro Tem to execute the contract, and waiver of the County policy requiring contracts
to have the venue in Monroe County since this is a State grant.
ITEM BACKGROUND: On 4/19/06, the BOCC approved the expense of up to $1OK to match a
FDOT grant and to pay the KAB affiliate annual fee. Upon investigation of the availability of funds, it
was learned that $19,105 FDOT Litter Control and Prevention Grant funds were available if an
application could be submitted by 5/25/05 (application attached). The application was submitted and
an agreement has been transmitted for BOCC execution in the amount of $19,105 with a County match
requirement of $19,105; specifically, the match will be met by existing staff that will work on the
project (agreement attached). KAB affiliation has increased to $500 per year, an increase over the
$300 previously approved, and is required by to receive FDOT dollars. The FDOT grant pays for the
implementation of eight litter control and prevention activities: participation in the Great American
Cleanup, litter prevention community presentations, Adopt-A-Higway promotion, Adopt -A -Shore,
KAB award submission, recycling/reuse projects, recyclables collecion project, and graffiti abatement.
A working advisory board will be needed to work with staff to implement this project on behalf of the
BOCC.
PREVIOUS RELEVANT BOCC ACTION: 4/19/06 approval to recertify affiliation with KAB and
to submit to FDOT an application for grant funding with a cost to the County of up to $1 OK (Agenda
Item Summary attached).
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $38,800 BUDGETED: Yes _ No X
$19,105 match (existing staff) + $500 cash for affiliate fee
COST TO COUNTY: $19,605 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
Thomas J. Willi, County Administrator
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: FDOT Contract #
Effective Date: on or before 6/30/06
Expiration Date: 12/31/06
Contract Purpose/Description:
To establish and implement a Litter Control and Prevention Grant in Monroe County
as a County -sponsored certified affiliates stem of Keep America Beautiful (KAB). Eigkt
activities are required under the contract: participation in the Great American Cleanup, litter pre-
vention community presentations, Adopt-A-Higway promotion, Adopt -A -Shore, KAB award
submission, recycling/reuse projects, recyclables collecion project, and graffiti abatement.
Match requirement will be fulfilled by project hours provided by current staff. No new match
dollars needed.
Contract Manager: Deb Barsell 4489 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 6/21/06 Agenda Deadline: 6/6/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 38,300 Current Year Portion: $ 19,150
Budgeted? Yes❑ No ® Account Codes: - - - -
Grant: $ 19,150 - - - -
County Match: $ 19,150 + $500 - - - -
KAB annual fee
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial, sz
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes❑ No❑
Risk Management Yes❑ No❑
O.M.B./Purchasing M-6
Yes❑ No❑County Attorney & Yes❑ Nog_�
_,<,,.
Comments:
Reviewer
Date Out
FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR FUNDS COVER SHEET
Applicants control # (FDOT use only)
Applicants FEID# 59-6000749
State Vendor ID # F596000749-011
Applicant Name: —Monroe County Board of County Commissioners/Clean Florida Keys
Address:1100 Simonton Street. Suite 2-205 City: Key West
State Fl� orlda Zip 33040
Telephone 305.292.4489 Fax 305.292.4544
Web -Site address www.monroecounty-fl.aov`e-mail address barseli-debble@monroecounty-fl.aov
Contact Person Deb Barsell, Prolect Manager. Office of the County Administrator
Person responsible for funds Deb Barseil
Program manager Is employed by: ✓ local/county govt. not -for -profit organization
Program manager is a part-time employee ✓ full-time employee. (For local and county
Government, Indicate whether the program manager devotes part time or full time efforts to the KAB
System).
Does the organization have a Board of Directors
members)?
I have enclosed the following attachments:
NO ✓ YES (enclose current list of board
_ ✓ FDOT PB 1 Budget Form
✓ Detailed Work Plan
✓ List of Board of Directors Members
✓ Program Activity Option Form (attachment "A")
NA Proof of registration with the Florida Department of Agriculture as a charitable organization.
_NA Proof of registration with the Florida Department of State as a not -for -profit organization.
✓ Proof of registration with the State of Florida Vendor Identification Number.
_,N& Copies of the 2004/2005 FDOT Grant Expenditure Report and 2005 KAB annual report.
Email on file at FDOT Keep America Beautiful (KAB) 05/06 Certificate or KAB Letter In good standing
(obtain from KAB).
The undersigned has read and fully understands the requirements and conditions for applying and receiving
FDOT Litter Prevention Education Program funding, and represents that he/she is duly authorized on behalf
of the applic:77 the orized re esentative.
05/25/2006
Signature 6f Authori Representative Date
Thomas ]. Willi, County ArdmInIstrator
FLORIDA DEPARTMENT OF TRANSPORTATION
FORM FDOT B� 1"*
PROPOSED BUDGET FOR USE OF FDOT FUNDS
Salaries (gross amount)
Employer portion FICA
Employer portion unemployment
Employee Beneflts
Liability et Other insurance
Rent
Telephone*
Utilities
Office Equipment*
Office Supplies
Program Supplies
Advertising
Printing
Volunteer Recognition
Travel *
Employee Training
Internet access Web -site
Educational Material*
KAB 04/05Annual Dues
FDOT FUNDS*
$19,150.00
MATCHING FUNDS
$10,532.50
8,617.50
Total FDOT Funds $19.150.00 Total Matching $19,150.00
* see Items below. / " May be modified for local systems
• Telephone — the use of FDOT funds for the purchase/lease or monthly charges
related to personal cell phones, beepers or pagers are not allowed.
• Office Eauioment — the purchase of computers, computer software, fax machine, copiers and other
office equipment with an expected life of 5 years or more may be purchased with FDOT funds. All
equipment purchased with FDOT funds will become the property of the FDOT in the event the
grantee organization is dissolved. (Please document these purchases and include the invoices in your
quarterly reports)
• Food a Drinks - State funds cannot be used for the purchase of food or drink items.
• Travel — State rates shall be used when available. Travel and per -diem expenses shall be in
accordance with Section 112.061, Florida Statutes (see attached).
• Educational Material — Wherever possible, the applicant will utilize already accepted and established
educational material rather than develop new material. The department recommends the use of the
EPS publication "Environmental Education Materials: Guidelines for Excellence" in developing
educational material. Before developing or purchasing new educational material other that the ones
listed, the applicant should contact the FDOT for approval.
• Total FDOT Funds requested — the total amount of FDOT funds requested might not exceed the
maximum amount allocated by the department as stated in the proposal guidelines.
• Total Matching — A 1:1 match of FDOT funds Is required. The total matching should reflect cash,
In -kind donations, anticipated volunteer hours ($6.20 per hour value or minimum wage), donation
of equipment and other materials. The department encourages additional matching funds where
possible. You may use other State or Federal funds as a match, but no other FDOT funds, either
directly or indirectly may be used as a match to this program. Cash, In -kind and other matches,
must be documented in the required reporting.
Work Plan:
1. Monroe County and its partners will participate in GAC activities in spring 2006.
qf> Waste Management, US Navy, and volunteers will clean the beach and
roadway at Geiger Key.
14:� Monroe County will participate in activities that support cleanup activities
throughout the Florida Keys.
2. Clean Florida Keys (CFK) will be engaged in litter prevention activities.
w CFK will assist with litter prevention marketing and education programs in the
community, including public meeting, school visitation, and any other types of
litter prevention presentations as needed or required within the County.
I CFK will promote Adopt -A -Highway.
CFK will assist local FDOT officials by promoting and supporting Adopt -A -
Highway program activities in Monroe County.
4. CFK will support Adopt -A -Shore.
CFK will partner with local organization to establish or support a local Adopt -
A -Shore program within Monroe County.
5. CFK will support the Keep American Beautiful (KAB) Award program
W CFK will develop opportunities within Monroe County for submission to the
KAB Award; final details will be included in final report.
6. CFK will support recycling/reuse projects/programs.
W CFK will support its partners in promoting recycling/reuse programs and
support new projects that will enhance the recycling/reuse throughout Monroe
County.
7. CFK will support recyclables collection program.
W CFK will support its partners in promoting recylables collection programming
and promoted special projects to enhance collection as needed.
8. CFK will support graffiti abatement.
W CFK will support its partners to ensure the continuation and proliferation of
graffiti abatement activities within the community.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS — 2006
District 1
Mayor Pro Tem Dbcig Spehar
292-3440
500 Whitehead Street
Celeste Bruno, Executive Assistant
292-3440
Key West, FL 33040
From Middle Keys
289-6054
From Upper Keys
852-7149
Fax machine
292-3466
Email address
boccdislOMonroeCounty-FL.Gov
Term expires: 11/2008
Dbd rkt 2
County Commissbner Georaeftygent
Terri Marble, Executive Assistant
292-4512
292-4512
25 Ships Way
Big Pine Key, FL 33043
Answering machine
872-1678
From Middle Keys
289-6039
From Upper Keys
852-7151
Fax machine
872-9195
Email address
boccdis20MonroeCounty-FL.Gov
Tenn expires: 11/2006
District 3
Mawr Charles " Sonmr" McC',av
292-3430
292-3430
530 Whitehead Street
Tammy Malby, Executive Assistant
Key West, FL 33040
From Middle Keys
289-6038
From Upper Keys
852-7152
Fax machine
292-3577
Email address
boccdis3@MonroeCounty-FL.Gov
Term expires: 11/2008
District 4
County Conuniscioner David P. Rlce
Tamara Lundstrom, Executive Assistant
289-6000
94W Overseas Hwy., #210
289-6000
Marathon Airport Terminal
Marathon, FL 33050
From Lower Keys
292-3551
From Upper Keys
852-7153
Fax machine
289-M
Email address
boccdis4OMonroeCounty-FLGov
Term expires: 11/2006
n, - 5
County CommIlssImier Glenn Patton
Donna Hanson, Executive Assistant
852-7175
Damaron Building, Suite 2
852-7175
99198 Overseas Highway
Key Largo, FL 33037
From Lower Keys
292-3S79
From Middle Keys
289-6053
Fax Machine
852-7162
Email address
boccdisSOMonmeCounty-FL.Gov
Term expires: 11/2006
County Administrator
1100 Simonton Street
Tom WIIN
292-4441
Debbie Frederick, Deputy Administrator
292-4441
Suite 205
Connie Cyr, Administrator's Aide
Key West, FL 33040
Abra Campo, Sr. Administrative Assistant
Fax machine
292-45"
Email address
Willi TomOMonroeCounty-FL.Gov
County's Web Page — www.MonroeCounty-FLGov
Area We is 305 for all numbers above
FLORIDA DEPARTMENT OF TRANSPORTATION
ATTACHMENT "A"
PROGRAM ACTIVITY OPTIONS
Please check all activities that your affiliate will conduct at the local level during the grant period ending
December 2006. The applicant must Identify a minimum of 3 additional activities, which will be completed
during the funding period for a total of 8 activities. Return this completed form with your proposal
application. If awarded funds, this document will become a part of the award agreement between the
FDOT and the applicant. Already checked 5 activities are required components, and cannot be counted
towards the required 3 additional activities. All 8 programs must be conducted within your local
communities.
✓ GAC — cleanup (March/April) (required)
✓ Litter prevention community presentations (required)
✓ Adopt -A -Highway promotion (required)
✓ Adopt -A -Shore (required)
✓ 06 Keep America Beautiful Award Submission (req.)
Electronic Recycling partnership with SWIX
America Recycles Day Activities (November)
Litter Hotline
Environmental court
Local Litter enforcement programs
Graffiti Hurts workshops / program implementation
Litter free events
Community gardens
✓ Recycling / reuse projects / programs
Local Waste exchange
✓ Recyclables collection program / special projects
Close the Loop/Buy Recycled presentations
Illegal dumping hotline
Recycling education
Marine Debris abatement programs/projects
Local Adopt -A -Road (County)
Florida Coastal Cleanup (Sept/Oct)
Litter prevention education PSA's
Adopt -A -Spot
Adopt -A -Median
Local Adopt -A -Street (City)
Clean Builders program
Litter receptacle placement
Christmas tree Recycling (Dec)
Litter ordinance improvements
Waste in Workplace education
_ ✓ Graffiti abatement
Neighborhood improvement programs
Business / School Recycling
MSW community presentations
Composting
"Get a Grip" video presentation
Charge up to Recycle presentations
Illegal dumping abatement
"free planting/reforestation projects
School Programs/Educational Fairs
Other
Barsell-Debbie
Frorn:
FL Vendor [FLVendorc@myfloridamarketplace.cam]
sent:
Thursday, May 25, 2006 1:54 PM
To:
Barsell-Debbie
Subject:
MyFloridaMarketPlace 229928
Attachments: General Vendor Information - Mcbocc 5-2506.doc
Thank you for contacting the MyFloridaMarketPlace Customer Service Center.
Please accept this as verification of a complete Vendor Registration Account in the
MyFloridaMarketPlace system. The vendor number for the County Commissioner's account is
F596000749-011. Included you will find a copy of the Vendor Summary for your records. The account
was completed in July of 2003.
If you need any further assistance, please don't hesitate to contact us. We are always happy to hear from
you.
Thank you,
Mary Nell H.
MyFloridaMarketPlace
Phone : 866-352-3776
Fax : 850-414-8192
Email : VendorHelp(MMyFloridaMarketPlace.com
L3uy@rKq!!P.&MYFIQOctclMarketPlace.com
This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private
information. If you have received it in error, please notify the sender immediately and delete the original. Any
other use of the email by you is prohibited.
5/25/2006
Florida Department of Transportation
JEB BUSH
GOVERNOR
May 26, 2006
dec vI ve- `J's
Ms. Deb Barsell
Project Manager
1100 Simonton Street, Suite 2-205
Key West, Florida 33040
Dear Ms. Barsell:
605 Suwannee Street
Tallahassee, FL 32399-0450
DENVER J. STUTLER, JR
SECRETARY
The Florida Legislature has appropriated $846,000 of state funds in fiscal year 2005-2006 to
provide local grants pursuant to Section 401.4131(5), Florida Statutes, to Florida's Certified Keep
America Beautiful (KAB) Systems. The Department of Transportation has been directed by the
Florida Legislature to contract with Florida's Certified Keep America Beautiful Systems to
implement litter control and prevention programs.
Enclosed you will find a copy of the State of Florida Department of Transportation's Contract for
Litter Prevention and Education Programs. Presently $19,150 is available for Program funding
with $9,575 currently authorized to be expended.
Please have the authorized representative/governmental official and their witness sign on the
signature page, without dating, and return to this Office by June 23, 2006. Once you have
obtained the required original signatures, please make a copy for yourself to keep for your
reference. Also, please note that the FDOT grant reporting form coversheet is on page thirteen
for your progress reports as stipulated in the agreement. The original signed agreement
needs to be mailed back this office no later than fifteen business days from the date on this letter.
Once the Department signs and dates this agreement, your contract period will begin. Please call
me at 1-800-BAN-LITT(er) or 850-410-5757, if you have any questions. Thank you for your
cooperation.
Sincerely,
S /epphen E. Liner, SMO Programs Manager
Florida Department of Transportation
Enclosure
SEL/bt
www.dot.state.fl.us
® RECYCLED PAPER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LITTER CONTROL AND PREVENTION GRANT AGREEMENT
KEEP AMERICA BEAUTIFUL SYTEMS — 05/06
This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and BOARD OF
COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter referred to as "the
RECIPIENT," for Clean Florida Keys, a Certified Keep America Beautiful System.
WITNESSETH
WHEREAS, the DEPARTMENT has the authority, under Sections 334.044 and
403.4131, Florida Statutes, to enter into this Agreement; and
WHEREAS, state grant funds in the amount of $846,000 have been appropriated for
fiscal year 2005/2006, to provide for local grants pursuant to Section 403.4131(5),
Florida Statutes; and
WHEREAS, Section 403.4131(5), Florida Statutes, directs the DEPARTMENT to
establish a system of grants for municipalities and counties to implement litter control
and prevention programs; and
WHEREAS, in addition to the activities described in Section 403.4131(1), Florida
Statutes, such grants shall, at a minimum, be used for litter cleanup, grassroots,
educational programs involving litter removal and prevention, and placement of litter
and recycling receptacles.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
1. The RECIPENT shall furnish the services as described in Exhibit "A," attached
hereto and made a part hereof, hereinafter referred to as the "PROJECT".
2. The RECIPIENT agrees to undertake the PROJECT in accordance with all
applicable federal, state, and local statutes, rules, and regulations.
3. The DEPARTMENT will be entitled at all times to be advised, at its request, as
to the status of work being done by the RECIPIENT and of the details thereof.
The RECIPIENT shall maintain coordination with representatives of the
DEPARTMENT.
4. The RECIPIENT shall not sublet, assign, or transfer any work under this
Agreement without prior written consent of the DEPARTMENT.
5. All notices under this Agreement shall be directed to the following addresses:
TO DEPARTMENT:
Florida Department of Transportation
605 Suwannee Street, Mail Station 61
Tallahassee, Florida 32399-0405
TO RECIPIENT:
Board of County Commissioners
of Monroe County
Attn: Clean Florida Keys
1100 Simonton Street, Suite 2-205
Key West, Florida 33040
6. The RECIPIENT shall commence the PROJECT activities subsequent to the
execution of this Agreement. All work -performed prior to the execution of the
Agreement will not be paid.
7. This Agreement shall not be renewed. Any extension shall be in writing and
executed by both parties, and shall be subject to the same terms and conditions
set forth in this Agreement.
8. The DEPARTMENT'S participation in the estimated cost of the PROJECT is
described in Exhibit "A." All costs charged to the PROJECT and grant
match shall be supported by properly executed payrolls, time records, invoices,
contracts, or vouchers evidencing in proper detail the nature and propriety of the
charges.
The advanced amount shall be paid to the RECIPIENT after execution of this
Agreement and within the fiscal year of the project's funding in the
DEPARTMENT'S Adopted Work Program as of the date of execution. The
RECIPIENT will submit an invoice for the advance. Any unexpended and not accounted
for fund, or funds not spent in accordance with the contract, must be returned to the
DEPARTMENT within thirty (30) days of the completion/termination of the project.
9. Payments shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the State Comptroller under Section
215.422(4), Florida Statutes.
10. Bills for fees, other compensation for services, or expenses shall be submitted in
detail sufficient for a proper pre audit and post audit thereof.
11. Bills for travel expenses specifically authorized by this Agreement shall be
submitted and paid in accordance with Section 112.061, Florida Statutes.
12. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all times during the period
of this Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the DEPARTMENT upon request.
Records of costs incurred include the RECIPENT' S general accounting records
and the project records, together with supporting documents and records of the
RECIPIENT and all subcontractors performing work on the project, and all other
records of the RECIPIENT and subcontractors considered necessary by the
2
DEPARTMENT for a proper audit costs.
13. The DEPARTMENT, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal, or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The DEPARTMENT
shall require a statement from the Comptroller of the DEPARTMENT that funds
are available prior to entering into any such contract or other binding commitment
of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding one year, but any contract so made shall be executory only for
the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years. Accordingly, the State of Florida's performance and obligation to pay under
this Agreement is contingent upon an annual appropriation by the Legislature.
14. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract
to provide any goods or services to a public entity; may not submit a bid on a
contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases of real property to a public entity; may
not be awarded or perform work as a contractor; supplier subcontractor or
consultant under a contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
15. The DEPARTMENT shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and
Nationality Act. If the RECIPIENT knowingly employs unauthorized aliens, such
violation shall be cause for unilateral cancellation of this Agreement.
16. An entity or affiliate who has been placed 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 any public entity; and
may not transact business with any public entity.
17. To the extent allowed by Section 768.28, Florida Statutes, the RECIPIENT hereby
agrees to indemnify, defend, save, and hold harmless the DEPARTMENT and all
of its officers, agents, or employees from all suits, actions, claims, demands, or
liabilities of any nature whatsoever arising out of any act, error, omission, or
negligent act by the RECIPIENT, its officers, agents, employees,
contractors/subcontractors, or consultants/sub consultants under the Agreement.
Neither the RECIPIENT nor any of its officers, agents, employees,
contractors/subcontractors, consultants/sub consultants will be liable under this
section for the negligence of the DEPARTMENT or any of its officers, agents or
employees. The RECIPIENT agrees to include the following indemnification in
all contracts with contractors/subcontractors, or consultants/sub consultants who
perform work in connection with this Agreement.
"The contractor/consultant shall indemnify, defend, save, and hold harmless the
Florida Department of Transportation and all its officers, agents or employees from
all suits, actions, claims, demands, or liability of any nature whatsoever arising out of,
because of, by any negligent act, or by any occurrence of omission or commission of
the contracts, by its officers, agents or employees. Neither the contractor/consultant,
nor any of its officers, agents, or employees will be liable under this section for
damages arising out of injury or damage to persons or property directly caused or
resulting from the negligence of the Florida Department of Transportation or any of
its officers, agents or employees."
18. The County is a self -insured political subdivision of the State of Florida and shall, during
the period of this Agreement, maintain adequate coverage to meet the State's
requirements for general liability insurance with combined bodily injury limits of at least
$100,000 per person and $300,000 each occurrence, and property damage insurance of at
least $50,000 each occurrence, for the services to be rendered in accordance with this
Agreement. The RECIPIENT is a political subdivision of the State of Florida the
officers and fiscal agents thereof are bonded pursuant to State law.
19. The RECIPIENT shall also carry and keep in force Workers' Compensation
Insurance as required by the State of Florida under the Workers' Compensation
Law.
20. The RECIPIENT shall comply with all audit report, monitoring, and state audit and
reporting requirements as specified in Attachment C, incorporated and made a part of
this Agreement.
21. The RECIPIENT shall allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the RECIPIENT in conjunction with this Agreement. Failure by the
RECIPIENT to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the DEPARTMENT.
22. The RECIPIENT shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work
under this Agreement.
No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
The RECIPIENT and the DEPARTMENT agree that the RECIPIENT, its
employees and its subcontractors are not agents of the DEPARTMENT as a result of this
Agreement.
4
This Agreement may be canceled by the DEPARTMENT in whole or in part at any
time the interest of the DEPARTMENT requires such termination. The
DEPARTMENT also reserves the right to seek termination or cancellation of the
Agreement in the event the RECIPIENT shall be placed in either voluntary or
involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate
or cancel this Agreement in the event an assignment is made for the benefit of
creditors. This Agreement may be canceled by the RECIPIENT upon sixty (60) days
written notice to the DEPARTMENT. If the Agreement is terminated before
performance is completed, the RECIPIENT shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
All words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend to and include the singular. All
words used in any gender shall extend to and include all genders.
This Agreement shall not be construed to grant any third party rights.
In no event shall the making by the DEPARTMENT of any payment to the
RECIPIENT constitute or be construed as a waiver by the DEPARTMENT of any
breach of covenant or any default which may then exist on the part of the
RECIPIENT, and the making of such payment by the DEPARTMENT while any
such breach or default shall exist shall in no way impair or prejudice any right or
remedy available to the DEPARTMENT with respect to such breach or default.
29.This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein, and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not
contained in this document. Accordingly, it is agreed that no deviation from the
terms hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith.
If any part of this Agreement shall be determined to be invalid or unenforceable by
a court of competent jurisdiction, or by any other legally constituted body having
the jurisdiction to make such determination, the remainder of this Agreement thus
remains in full force and effect provided that the part of this Agreement thus
invalidated or declared unenforceable is not material to the intended operation of
this Agreement.
31.This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida. Venue of any judicial proceedings arising out of this
Agreement shall be in Leon County, Florida.
32.Time is of the essence as to each and every obligation under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their authorized representatives, this day of , 2006.
(Name of RECIPIENT)
BY:
Title:
Print Name
Witness:
Title:
Print Name
MONROE COUNTY ATTO EY
VED AS T
ZAN A. ON
COUNTg 0 N 6
Data
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
IC •
Assistant Secretary For Engineering & Operations
Approval:
Legal Review:
C
Comptroller
FLORIDA DEPARTMENT OF TRANSPORTATION
KEEP AMERICA BEAUTIFUL SYSTEMS
LITTER PREVENTION EDUCATION GRANTS PROGRAM
Exhibit "A"
1_0 SERVICE OBJECTIVE: The RECIPIENT shall assist the Florida Department of
Transportation (FDOT) in meeting the objectives of the Statewide Litter
Reduction/Prevention Education program and Recycling Education program as provided
in Section 403.4131, Florida Statute:
A. Implementing, administering and promoting the annual Great American Cleanup
within the local community.
B. Implementing, administering and promoting Litter Prevention Education within the
local community.
C. Promoting and securing Adopt -A -Highway participation in the local KABS
communities and events.
D. Implementing, administering and promoting a minimum of four (4) Program
Activity Options as specified and agreed upon in Attachment "A".
E. Maintaining a Web -site as specified.
F. Supporting the departments litter prevention education programs through
the RECIPIENT'S public information, public affairs and volunteer service
programs.
G. Maintain or obtain Keep America Beautiful Certified System status during the
agreement period.
H. Employing a part or full-time program manager during the agreement period.
I. Functioning as a public/private partnership with a working Board of Directors.
J. By matching FDOT funds as provided in this agreement, at a 1/1 ratio.
2.0 SERVICE PERIOD: The service shall commence from the FDOT date of execution. This
Agreement is subject to cancellation, without penalty, if funds are not appropriated by the
Florida Legislature, or otherwise made available to FDOT.
3.0 DESCRIPTION OF SERVICES: The RECIPIENT shall perform the following
services:
3_1 The Great American Cleanup is an annual event, held each March and April,
with the purpose of bringing a coordinated effort towards cleaning up local
communities within the state. The RECIPIENT shall be the local community
coordinator for this event. The RECIPIENT shall include appropriate
inclusion in RECIPIENT'S publications, arrange informational meetings and
media releases necessary to increase local participation this annual event.
RECIPIENT shall include the official logo of the FDOT on all material.
RECIPIENT shall provide FDOT with a copy of the KAB, Great American
Cleanup wrap-up report as part of the reporting requirements.
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3.2 The RECIPIENT shall conduct Litter Prevention Education
workshops/seminars and other educational presentations within the local
community. Every effort will be made by the RECIPIENT to utilize already
approved and established Keep America Beautiful educational material, as
well as environmental education material recommended in the EPA
publication, "Environmental Education Materials Guidelines for Excellence".
RECIPIENT, when possible, will include the official FDOT logo on all printed
educational material. RECIPIENT shall supply FDOT with original copies of
all educational material purchased or developed with FDOT funds.
3_3 The RECIPIENT shall assist FDOT at the local community level with the
State's Adopt -A -Highway education program. The RECIPIENT shall assist
FDOT in increasing participation at the local level, and shall include local
Adopt -A -Highway participants in Keep American Beautiful systems program
activities and mail -outs.
3_4 RECIPIENT agrees to conduct / complete all Program Activity Options as
contained in "Attachment A". RECIPIENT shall submit a Program Activity
Progress Report, on a quarterly basis to FDOT, as part of the reporting
requirements.
3_5 RECIPIENT shall maintain a Web -site. FDOT funds may be used to create,
post to, and maintain said web -site. Said Web -site at a minimum must contain the
current:
KAB Systems Board of Directors and Executive Committee
Members
2. KAB Systems Executive Director's name and title
3. KAB Systems street address and mailing address
4. KAB Systems e-mail address and web -site address
5. KAB Systems calendar of events
6. KAB Systems 2004/2005 Annual Report
7. KAB Systems 05 GAC Report
8. Governor and Lt. Governor's names
9. State of Florida official web -site address
(www.myflorida.com)
10. KAB logo may be displayed, and link provided
11. FDOT logo must be displayed
12. FDOT State Adopt -A -Highway web link
(www.dot.state.fl.us/statemaintenanceoffice) and Statewide Litter -
Hotline number: 1-800-BAN-LITT (er) / 1-800-226-5488
3_6 RECIPIENT shall support FDOT'S litter prevention education
programs through the RECIPIENT'S normal network of seminars, speeches,
newsletter, educational programs, web sites, conferences, and other
communication activities.
3_7 The RECIPIENT, during the agreement period, is required to maintain their
Keep America Beautiful Certified System status. If the RECIPIENT is
declared to be de -certified by Keep America Beautiful, Inc., the RECIPIENT
may be subject to immediate cancellation of this Agreement.
3_8 The RECIPIENT, during this agreement period, is required to employ a part
time or full time program manager. If the RECIPIENT experiences a vacancy
in this position, they are required to immediately notify FDOT so as not be
found in default. FDOT will reserve the right to cancel or continue this
Agreement based on the duration of the vacancy and ability of RECIPIENT to
fulfill this Agreement.
3_9 The RECIPIENT, during this agreement period, is required to maintain a
working Board of Directors. The RECIPIENT shall submit to FDOT a complete
listing of the members of the Board of Directors. Said list shall contain the names,
addresses, phone numbers and affiliation of each board member. Said list shall
identify the President, Vice President, Secretary, and Treasurer of the organization.
The RECIPIENT shall submit copies of the minutes of the Board of Directors
meetings to FDOT as part of their required reporting. RECIPIENT shall adhere to the
laws of the State of Florida in relation to meeting in the Sunshine.
3.10 The RECIPIENT is required to match all FDOT funds awarded under this
agreement, at a 1/1 ratio. All matching funds and in -kind donations must be
documented and included as a part of the RECIPIENT'S required quarterly
reporting. Upon the signing of this Agreement, the RECIPIENT'S submitted
Form FDOT PB1, Attachment "B", shall become part of this agreement.
Form FDOT PB 1 may be amended and approved as necessary by FDOT.
3.11 The RECIPIENT may use Microsoft Office Professional XP and Internet
explorer when meeting the requirements of this Agreement.
4.0 SCHEDULE OF WORK:
4_1 Upon signing of this agreement, the RECIPIENT'S submitted Work Plan and
Program Activity Options, Attachment "A", shall become a part of this
Agreement. The Work Plan and Program Activity Options may be amended
and approved as necessary by FDOT.
4_2 RECIPIENT shall submit to FDOT for review progress reports of
activities within 10 days of the end of each report period as part of their reporting
requirements. For the purposes of this Agreement, progress report due dates are:
June 30, 2006, September 29, 2006, and December 29, 2006. The Final Report and
DOT/KABS Annual Report which includes, but is not limited to, the summary and
receipts totaling grant amount, the grant match with summary and supporting
documentation, the listing of all in -kind documentation, the KAB 2006
system's Annual Report, and the summary of projects as provided for in
Attachment "A," is due by December 29, 2006. (Please submit your Final
DOT/KABS report in a 3 ring binder with an index).
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5.0 PRINTING:
5_1 No printing for the sole use of FDOT will be done under this Agreement.
RECIPIENT shall be responsible for obtaining all printing required to
accomplish this Agreement through their normal channels.
5_2 All purchases of printing in excess of $1000 require a minimum of three
written bids. RECIPIENT shall use reasonable efforts to include at least one
bid from a MBE RECIPIENT. The RECIPIENT shall retain documentation of
competitive bids.
5_3 All printed materials produced under this agreement with the use of FDOT
funds, in full or part, shall contain the following language in no less than a 1 Opt
font. "The printing of this material has been made possible through funds
provided by the Florida Department of Transportation': All material printed with
the use of FDOT funds shall display the official FDOT logo.
6.0 COMPENSATION:
6_1 The total compensation for this service shall not exceed $ 19,150. Currently
only $9575 to be paid in advance is available for services under this agreement.
The RECIPIENT shall not perform services in excess of the currently available
amount until advised in writing by the Department that remaining funds have been
made available and encumbered. The remaining funds will become available for
advancement upon encumbrance. Bills for travel expenses specifically authorized by
this agreement shall be submitted and paid in accordance with Section 11.061, Florida
Statutes. Approved costs incurred by the RECIPIENT during the contract period
shall be in accordance with the following:
a) All direction, art work, training materials development, training,
special events coordination or organization, and program
promotion shall be on an hourly basis in accordance with
RECIPIENT'S expended time toward completion of each project.
b) RECIPIENT shall provide hourly rates for each project.
RECIPIENT'S hourly rate will be multiplied by the hours reported by
the employee to arrive at the cost for work performed
during submission period. The rate of $20.00 per hour shall be
considered the maximum allowable hourly rate.
c) The cost of services rendered or materials produced by
organizations not a part of the RECIPIENTS'S organization, (out of
house expenditures) shall be at actual cost.
d) All long-distance telephone calls, mailing, shipping and
photocopying shall be at actual cost.
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e) The RECIPIENT shall submit FDOT's Request for Reimbursement Form
(FDOT R4R) to the address indicated on the form at the end of each
quarter. The request shall include the following support documentation:
1. paid invoices for purchases of all services
2. paid invoices for outside or out of house expenditures
3. receipts for other direct costs
4. copies of cancelled checks
6_2 The FDOT Request for Reimbursement Form will be used to document
expenditures incurred as payment was made in advance of incurring costs.
7.0 INELIGIABLE EXPENDITURES / ACTIVITIES
7_1 Purchase, lease or other costs associated with personal cell phones, pagers, beepers
and personal e-mail addresses are not an acceptable expenditure under this
agreement.
7_2 No funds received pursuant to this agreement may be expended for lobbying
the legislature, the judicial branch or a state agency. This agreement shall not
be construed to grant any third party rights.
7_3 No funds will be used for construction projects.
7_4 MOT funds may not be used to cover in part or full, costs direct or indirect, of
fundraising activities or fundraising events.
7_5 No reimbursement will be made for partial per diem for non -overnight travel.
7_6 No reimbursement will be made for tips, gratuities, alcohol, valet parking, or
any purchases not directly related to the purpose of the travel.
7.7 No reimbursement will be made for food or drink items.
8.0 RECORDS AND AUDITS:
The RECIPIENT shall maintain financial records, supporting documents, statistical
records, and all other records pertinent to this agreement for a period of three (3) years
from the date of final payment, or until all audit matters, litigation or claims have been
resolved.
FDOT and the Florida State Auditor shall have reasonable access to the records
described in the preceding paragraph during regular business hours during the service
period and for the period set forth in the preceding paragraph for the purpose of making
audits, examinations, excerpts and transcripts.
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9.0 DISPUTES:
The RECIPIENT shall be responsible for the settlement of any contractual or
administrative disputes arising out of the subcontracts entered into in support of the
contract work.
10.0 INDEMNIFICATION:
The RECIPIENT shall save harmless MOT from all claims and liability due to activities
of itself, its agents or employees performed under this Agreement and which result from
negligence, recklessness, or intentional wrongful misconduct of the RECIPIENT, or any
person employed by the RECIPIENT. The RECIPIENT shall also save and hold
harmless FDOT from any and all expenses, including attorney fees, which might be
incurred by MOT in litigation or otherwise resisting said claim or liability which might
be imposed on FDOT as the result of such activities by the RECIPIENT, its agents, or
employees.
11.0 CANCELLATION:
FDOT may cancel this agreement at any time before the date of completion. FDOT will
provide a minimum of 30 days written notice prior to the effective date of cancellation
and will specify the effective date of cancellation and reason(s) for cancellation. Upon
cancellation of this Agreement, whether for cause or convenience, all finished or
unfinished documents, data, reports, models, photographs, scripts, plans, programs, etc.,
prepared by the RECIPIENT utilizing MOT funds shall become the property of FDOT.
12.0 SUCCESSORS AND ASSIGNS:
The RECIPIENT binds the company, self, successors, assigns, executors, and
administrators in respect to all covenants of this Agreement. The RECIPIENT shall not
assign, sublet, or transfer his interest in this agreement without the written consent of the
FDOT. The RECIPIENT shall comply with all federal, state, and local laws and
ordinances, applicable to the work or payment for work thereof, and shall not
discriminate on the grounds of race, color, religion, sex, or national origin in the
performance of work under this Agreement. The RECIPIENT and FDOT agree that the
RECIPIENT, its employees, and sub -contractors are not agents of FDOT as a result of
this Agreement.
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FDOT GRANT REPORTING FORM
Dates through ( Period)
RECIPIENT Name: Monroe County Board of County Commissioners for Clean Florida Keys, a Certified KAB
System
Grant Amount: $
* Budget
- Category
Approved Total
Annual
Expenditure
Amount Used
All Prior
Quarters'_
Amount
Used This
uarter
Remaining
Balance.
Salaries
Office Supplies/Rent
Telephone
Postage
Printing
Program Materials
Travel/Meetings
Office Equipment**
Column Total
* Budget categories may be modified to accommodate the local KABS budgets.
** Please note property purchased with FDOT funds on separate paper.
Authorized/Submitted by:
Approved by:
Date:
Date:
LOCAL PROGRAM ACTIVITIES:
Total number of Adopt -A -Shore Groups to date:
Total number of groups* conducting litter cleanups:
Total number of volunteer* hours for litter removal:
Total pounds of litter*collected:
Total number of volunteer* hours for other activities:
*inclusive of all pickup activities for your organization
Total dollar amount of cost benefits in local community:
Volunteer dollar benefit: hours x $6.20 = $
Litter dollar benefit: pounds divided by 2,000 = tons
Tons x tipping fee of $ per ton = $
Total cost benefits: (grant award match requires supporting documentation)
Volunteer Hours:
$
Litter dollars:
$
In -Kind dollars
$
Cash contributions
$
Other cash funding
$
Total cost benefits
$ (for this quarter)
Total cost benefits
$ (all quarters to date)
Date:
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FLORIDA DEPARTMENT OF TRANSPORTATION
FORM FDOT PB1 **
PROPOSED BUDGET FOR USE OF FDOT FUNDS
Salaries (gross amount)
Employer portion FICA
Employer portion unemployment
Employee Benefits
Liability K Other Insurance
Rent
Telephone*
Utilities
Office Equipment*
Office Supplies
Program Supplies
Advertising
Printing
Volunteer Recognition
Travel *
Employee Training
Internet access Web -site
Educational Material*
KAB 04/05Annual Dues
FDOT FUNDS*
$19,150.00
MATCHING FUNDS
$10,532.50
8,617.50
Total FDOT Funds _ $19,150.00_ Total Matching $19,150.00
* see Items below. / * * May be modified for local systems
**************************************************************************
******************************************
• Telephone — the use of FDOT funds for the purchase/lease or monthly charges
related to personal cell phones, beepers or pagers are not allowed.
• Office Eauipment — the purchase of computers, computer software, fax machine, copiers and other
office equipment with an expected life of 5 years or more may be purchased with FDOT funds. All
equipment purchased with FDOT funds will become the property of the FDOT in the event the
grantee organization is dissolved. (Please document these purchases and include the Invoices in your
quarterly reports)
• Food at Drinks - State funds cannot be used for the purchase of food or drink Items.
• Travel — State rates shall be used when available. Travel and per -diem expenses shall be in
accordance with Section 112.061, Florida Statutes (see attached).
• Educational Material — Wherever possible, the applicant will utilize already accepted and established
educational material rather than develop new material. The department recommends the use of the
EPS publication "Environmental Education Materials: Guidelines for Excellence" in developing
educational material. Before developing or purchasing new educational material other that the ones
listed, the applicant should contact the FDOT for approval.
• Total FDOT Funds reauested — the total amount of FDOT funds requested might not exceed the
maximum amount allocated by the department as stated In the proposal guidelines.
• Total Matching — A 1:1 match of FDOT funds Is required. The total matching should reflect cash,
in -kind donations, anticipated volunteer hours ($6.20 per hour value or minimum wage), donation
of equipment and other materials. The department encourages additional matching funds where
possible. You may use other State or Federal funds as a match, but no other FDOT funds, either
directly or indirectly may be used as a match to this program. Cash, In -kind and other matches,
must be documented In the required reporting.
FLORIDA DEPARTMENT OF TRANSPORTATION
ATTACHMENT "A"
PROGRAM ACTIVITY OPTIONS
Please check all activities that your affiliate will conduct at the local level during the grant period ending
December 2006. The applicant must identify a minimum of 3 additional activities, which will be completed
during the funding period for a total of 8 activities. Return this completed form with your proposal
application. If awarded funds, this document will become a part of the award agreement between the
FDOT and the applicant. Already checked 5 activities are required components, and cannot be counted
towards the required 3 additional activities. All 8 programs must be conducted within your local
communities.
✓ GAC — cleanup (March/April) (required)
✓ Litter prevention community presentations (required)
✓ Adopt -A -Highway promotion (required)
✓ Adopt -A -Shore (required)
✓ 06 Keep America Beautiful Award Submission (req.)
Electronic Recycling partnership with SWIX
America Recycles Day Activities (November)
Litter Hotline
Environmental court
Local Litter enforcement programs
Graffiti Hurts workshops / program implementation
Litter free events
Community gardens
✓ Recycling / reuse projects / programs
Local Waste exchange
_ ✓ Recyclables collection program / special projects
Close the Loop/Buy Recycled presentations
Illegal dumping hotline
Recycling education
Marine Debris abatement programs/projects
Local Adopt -A -Road (County)
Florida Coastal Cleanup (Sept/Oct)
Litter prevention education PSA's
Adopt -A -Spot
Adopt -A -Median
Local Adopt -A -Street (City)
Clean Builders program
Litter receptacle placement
Christmas tree Recycling (Dec)
Litter ordinance improvements
Waste in Workplace education
_ ✓ Graffiti abatement
Neighborhood improvement programs
Business / School Recycling
MSW community presentations
Composting
"Get a Grip" video presentation
Charge up to Recycle presentations
Illegal dumping abatement
Tree planting/reforestation projects
School Programs/Educational Fairs
Other
ATTACHMENT - "C" Financial Project No.
PROJECT AUDIT REQUIREMENTS Contract No.
Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with
any monitoring procedures/processes deemed appropriate by the Department, including but not limited to
site visits and limited scope audits. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor
General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of three years from the date the audit report is issued, and shall allow the
Department access to such records and working papers upon request. The following requirements do not
limit the authority of the Department to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any state agency inspector general, the
Auditor General, or any other state official.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, Florida Statutes, (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, and/or other procedures.
The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. In the event the Department determines that a limited scope audit of the
Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General
(OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as
defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will
apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year from all
sources including Federal resources received from the Department, the recipient must have a single or
program -specific audit conducted in accordance with the provisions of OMB Circular A-133. Federal
resources awarded through the Department by this Agreement are shown below. The determination of
amounts of Federal awards expended shall be in accordance with the guidelines established by OMB
Circular A-133. An audit of the recipient conducted by the Auditor General in accordance with the
provisions OMB Circular A-133 will meet the requirements of this Section.
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.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance
with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit,
the cost of the audit must be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida
Statutes, and a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance from all state agencies
and nonstate entities equal to or in excess of $500,000 in any fiscal year of the recipient, the recipient must
have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida
Statutes, the applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. State
financial assistance awarded through the Department by this Agreement are shown in Exhibit D. State financial
assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity
for Federal program matching requirements.
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 financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of
the Auditor General.
3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the
recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources
obtained from nonstate entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and
number, award number and year, and name of the state agency awarding it.
Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary
schedule of prior year audit findings, including corrective action and current status of the audit findings is
required. Current year audit findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is
completed or the dispute is resolved. Access to project records and audit work papers shall be given to the
Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of
the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any other state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section
.320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the
following address. -
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this
Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit
the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
In addition, 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, and any management letters
issued by the auditor, to the Department at each of the following addresses:
17
3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or
on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be
submitted by or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
5. Any 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, Section
215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, as applicable.
6. The Agency, when submitting financial reporting packages to the Department for audits done in accordance
with OM Circular A-133 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 Agency in correspondence accompanying the reporting package.
FEDERAL RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
STATE RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
MATCHING RESOURCES FOR STATE PROJECTS:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
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Part V Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall
allow the Department or its designee, the CFO or Auditor General access to such records upon request. The
Agency shall ensure that the independent audit working papers are made available to the Department, or its
designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit
report is issued, unless extended in writing by the Department.
Part VI Other Requirements: If an audit discloses any significant audit findings relating to any award,
including material noncompliance with individual project compliance requirements or reportable conditions
in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department
a plan for corrective action to eliminate such audit findings or a statement describing the reasons that
corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any
audit findings, recommendations, and corrective action plans.
Part VII Insurance: Execution of this Joint Participation Agreement constitutes a certification that the
Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event
of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the
event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities
or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this
Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section.
19
�- BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Auxi119, 2006 Division: Comm. Dixie M. Spehar
Bulk Item: Yes , No X Department: BOCCI
Staff Contact Parson: Jana 7obmson-Willi
AGENDA ITEM WORDING: Discussion and approval to recertify affiliation with beep America
Beautiful, a National nonprofit public education organization dedicated, since 1953, to engaging
individuals to take greater responsibility for improving their local community enviroruneafa.
ITEM BACKGROUND: The price affiliate, Clean Florida Keys is now def u a That Board has
indicated to the past Executive Director, Liz Holloway, a former County employee, that they are not
interested in continuing. The desire is 10 now drift to a County -sponsored prop mn engaging all local
governments, private business, civic associdWm owner associations and non-profit
arga dzetions in a canmipW p oiHet prtveudm beautificativa and crow► improvement and waste
reduction. A Keep America Beau*W clean-up will be adwhiled annually and run by the county with
the help of vohmteess. Otber programs and events could be scheduled throughout the year.
Because Clem Florida Keys was the original local affiliate, and has not been "decertified" by Keep
America BeautdK Monroe County can now recertify and rename the organization for a fee of VW
This is a yeady network service fee. The coat to become a new affiliate would be approximately
$4,0W, which is based on population (80,000 estimate). Recertifying the present affiliate and
ramsming at a later date will result in a savings of $3,700.
Oraws are available from FDOT yearly through Keep America Beautiful for tools such as garbage
bags, gloves, t shirts, water, etc. An extension has been granted to the county for submittal to FDOT
for grant funding of approximately $9,575 far fiscal year 2005 - 2006.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: MR to $10,000
COST TO COUNTY: up to $10.000
BUDGETED: Yes _ No _X_
SOURCE OF FUNDS: 780 Y -
REVENUE PRODUCING: Yea — No X AMOUNT PER MONTH - Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL: eDdmk-4 . d e "
Dixie M. Spehar, Commissioner
DOCUMENTATION: Included X -more to follow Not Required
DISPOSITION: AGENDA ITEM #
Revised 2M5