Resolution 268-2007
SOLID WASTE MANAGEMENT
RESOLUTION NO. 268 - 2007
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
MONROE COUNTY FLORIDA, AUTHORIZING THE EXE-
CUTION OF A GRANT AGREEMENT WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE ACCEPTANCE OF SMALL COUNTY SOLID WASTE
GRANT FUNDS.
WHEREAS, by Resolution No. 206-2007, the Monroe County Board of
Commissioners authorized the submission of a grant application to the Department of
Environmental Protection for Consolidated Solid Waste Management Grant funds; and
WHEREAS, the Florida Department of Environmental Protection has awarded
Monroe County a Small County Solid Waste Grant, in the amount of$277,316.00; and
WHEREAS, the Florida Department of Environmental Protection has issued
Grant Agreement SC824 as part of the grant awards; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The grant is hereby accepted and the Mayor is authorized to execute the grant
contract.
2. This resolution will become effective immediately upon adoption by the
Commission and execution by the Mayor and Clerk.
(SEAL)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the 15th day of August 2007. .....
Mayor DiGennaro ~ CJ ~ ..."
Mayor Pro Tem Spehar Yes ~,,~ ~ 8
Commissioner Neugent Yes ~;:~( ~ 0"
Commissioner McCoy Yes ~2n~.0 0'\ c~
Commissioner Murphy Yes C~~~;.O ~ ~
BOARD OF COUNTY COMMI~i~~ ~~
OF MONROE COUNTY, FLOmDA -
~j{fA
Mayor/Chairperson
,
Attest:
a.~ ..-{
Danny L. olhage, Clerk
Florida Department of
Environmental Protection
Charlie Crill
Gt1VCrn()r
Idl Kottk:llllfl
Lt. C;(lVLTllllr
Bob Martinez Center
2600 Blair Stone Road
Tallahassee. Florida 32399-2400
i'vlithxl tv. Sole
Snlt'[;ln
2007-2008 SMALL COUNTY SOLID WASTE GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES
PART 1- GRANT NOTIFICATION INFORMATION
1. Grant Agreement Number: SC824 2. Date of Award: August 1, 2007
3. Grant Title: Small County Solid Waste Grant
4. Grant Period: October 1, 2007 or Execution (whichever is later) - September 30, 2008
5. Grant Amount: $277,316.00
7.
Grantee:
6. CSFA # and Project Name: 37.0121Small County Grants
Monroe County
Address:
1100 Simonton Street, Room 2-231
Key West, Florida 33040
8. Grantee Fiscal Year End: September 30, 2008
10.
9. Federal Employer Identification Number: 59-6000749
Grantee's Authorized Representative:
Name:
Title:
Phone:
11.
Mario Di Gennaro
Mayor of Monroe County
305-292-4432
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Grantee's Contact Person:
C',)
Name:
Title:
Address:
Phone:
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Carol A. Cobb
Senior Administrator
1100 Simonton Street, Room 2-231
Key West, Florida 33040
305-292-4432
13. Issuing Office:
12. Total County population from official April 1, 2006 population estimates: 80,510
Mr. Bobby Adams, Grant Manager
Florida Department of Environmental Protection
Bureau of Solid and Hazardous Waste (MS4565)
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
(850) 245-8736
DEP AGREEMENT No. SC824, Page 1 of 6
DEP 55-235 (06/07)
"A1nrc Protection, less fJro(c..~'-
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PART II - GRANT CONDITIONS
GENERAL CONDITIONS:
1. The method of payment, for the period October 1, 2007 through September 30, 2008, will be on a
reimbursement basis for direct costs only.
2. The Grantee, using forms prescribed by the DEP Grant Manager, shall elect to submit
reimbursement requests on either a monthly or quarterly basis. The method chosen shall be
followed for the entire grant period. An original of the reimbursement request, with summaries
and appropriate contracts attached, shall be due on the last day of the month following the end of
the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in
detail sufficient for pre-audit and post-audit review.
3. Grant funds may be expended through September 30, 2008, A final reimbursement request must
be submitted no later than October 31, 2008.
4.
A.
Reimbursement requests must be signed by the designated authorized representative.
This should be the same person who signed the Grant Agreement. If there is a change in
the authorized representative during the Grant period, the Department must be notified of
the new representative by resolution or minutes of a commission meeting.
B. In addition to the requirements in the paragraph above, the Department will periodically
request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Grant Agreement pursuant to State and Federal
guidelines (inciuding cost allocation guidelines), as appropriate. This information, when
requested, must be provided within 30 calendar days of such request. The Grantee may
also be required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills
for amounts due under this Grant Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found
in the Department of Financial Services' Reference Guide for State Expenditures at
htto://www.fldfs.com/aadir/reference%5Fauide.
5. Expenditures shall be limited to allowable items as listed in the Solid Waste Grants Program
Rule, Section 62-716.510, Florida Administrative Code. Allowable items include:
A. Purchasing or repairing solid waste weight scales;
B. annual solid waste management program operating costs;
C. planning costs;
D. construction and maintenance of solid waste management or recycling facilities;
E. solid waste management education for employees or the public; and,
F. recycling demonstration projects.
6. Each recipient of Grant funds shall maintain accurate records of all expenditures of Grant funds
and shall assure that these records are available at all reasonable times for inspection, review or
audit by Department personnel and other personnel authorized by the Department. Records shall
be kept for a period of at least 5 years following the end of the Grant period. The Grantee agrees
that it will expeditiously initiate and complete the program work for which assistance has been
awarded under this Grant Agreement in accordance with all applicable provisions of Florida
Statutes and the Florida Administrative Code.
DEP Agreement No. SC824, Page 2 of 6
DEP 55-235 (06/07)
7.
A.
In addition to the requirements of the preceding paragraph, the Grantee shall comply with
the applicable provisions contained in Attachment A (Special Audit Requirements),
attached hereto and made a part hereof. Exhibit 1 to Attachment A summarizes the
funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment A. A revised copy of Exhibit 1 must be
provided to the Grantee for each amendment which authorizes a funding increase or
decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall
notify the Department's Grants Manager to request a copy of the updated information.
S. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The Grantee shall consider the type of financial assistance (federal and/or
state) identified in Attachment A, Exhibit 1 when making its determination. For federal
financial assistance, the Grantee shall utilize the guidance provided under OMS Circular
A-133, Subpart S, Section .210 for determining whether the relationship represents that
of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations RecipientlSubrecipient vs Vendor
Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms"
section appearing at the following website:
httos:/Iaoos. fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these
requirements.
8. Allowable costs may be expended under this Grant Agreement beginning on October 1, 2007 or
the date this Grant Agreement is fully executed, whichever date is later.
9. The Department has the right to terminate a Grant award and demand refund of Grant funds for
non-compliance with the terms of the award or the Solid Waste Grants Program Rule, Chapter
62-716, Florida Administrative Code. Such action may also result in the Department declaring
the local government ineligible for further participation in the program until the local government
complies with the terms of the Grant award.
10. The Grantee shall obtain all necessary construction-related permits before initiating construction.
11. The State of Florida's performance and obligation to pay under this Grant Agreement is
contingent upon an annual appropriation by the Legislature.
12. Travel expenses incurred are included in the amount of this Grant and no additional travel
expenses will be authorized. Any requests for reimbursement of travel expenses must be
submitted in accordance with Section 112.061, Florida Statutes.
13. 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.
14. Pursuant to Section 216.347, Florida Statutes, the Grantee is prohibited from using Grant funds
for the purpose of lobbying the Legislature, the judicial branch, or a State Agency.
DEP Agreement No. SC824, Page 3 of 6
DEP 55-235 (06/07)
15. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain
during the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees
connected with the work of this project and, in case any work is subcontracted, the Grantee shall
require the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by the 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 Grant
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 specifically provided in this Agreement.
17. 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.
18. Upon satisfactory completion of this Grant Agreement, the Grantee may retain ownership of the
equipment purchased under this Grant Agreement. However, the Grantee shall complete and
sign a Property Reporting Form, provided as Attachment B, and forward it along with the
appropriate invoice to the Department's Grant Manager. The following terms shall apply:
A. The Grantee shall have use of the equipment for the authorized purposes of the
contractual arrangement as long as the required work is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures
to keep the equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or
injury caused by the use of, non-expendable personal property or equipment purchased
with state funds and held in his possession for use in a contractual arrangement with the
Department.
D. The Grantee shall report the inventory of the equipment, on an annual basis, no later
than January 31st for each year this Agreement is in effect.
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 Grant Agreement.
B. An entity or affiliate who 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 work, 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.
DEP Agreement No. SC824, Page 4 of 6
DEP 55-235 (06/07)
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, Florida Statutes, 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.
THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SC824, Page 5 of 6
DEP 55-235 (06/07)
PART III . OFFER AND ACCEPTANCE
The State of Florida, acting by and through the Department of Environmental Protection, hereby offers
assistance to the county of MONROE for all allowable costs incurred up to and not exceeding
$277,316.00.
Grant Application dated June 26, 2007, included herein by reference.
THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:
a
'1////0
Date. .
Charles F. Goddard, ief
Bureau of Solid & Hazardous Waste
Approved as to form and legality:
This form has been ore-aooroved as to
Form and leoalitv bv Chris McGuire.
Senior Assistant General Counsel. on
Auoust 1. 2007. for use for one year.
In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he
is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and
special conditions.
~ ON BEHALF OF TH
r " 1
v ~/f
Signature of Authorized Repr entative
Mario Di Gennaro
Mayor of Monroe County
D RECIPIENT COUNTY:
CJ!o547
Date
Please return to:
\~~ ;'~.l
:1r,Xfc1tc ~
\?'15'O OEI'UlYCLERY
ATILEENE W. CASSEL
~_ASSfTANTCOUNTYATTORNEY
~t. _r~-"7
I~T 0 . .
"tF"Qf,I1 s~./ 7-/9.07
Department of Environmental Protection
Bureau of Solid and Hazardous Waste
Solid Waste Section - M.S. # 4565
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
List of attachments/exhibits included as part of this Agreement:
Specify
Tvoe
Letter/
Number
Descriotion (include number of oaaes)
Attachment
Attachment
A
B
Special Audit Requirements (5 Pages)
Property Reporting Form (1 Page)
DEP Agreement No. SC824, Page 6 of 6
DEP 55-235 (06/07)
ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" 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 attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-B3 and Section 215.97, F.S., 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 Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local govermnent or a non-profit organization as defined in OMB
Circular A-B3, as revised.
I. In the event that the recipient expends $500,000 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 I 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 resources 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 of OMB Circular A-B3,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-B3, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOME Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources
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://I2.46.245.173/cfda/cfda.html.
DEP 55-215 (06107)
DEP Agreement No, SC824, Attachment A, Page 1 of5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 2]5.97(2)(m), Florida Statutes.
I. ]n the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 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 Department
of Financial Services; and Chapters ]0.550 (local governmental entities) or ]0.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIB]T] to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. ]n
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. 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. ]n connection with the audit requirements addressed in Part II, paragraph]; the recipient shall ensure that
the audit complies with the requirements of Section 2]5.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. ]fthe recipient expends less than $500,000 in state fmancial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. ]n the event that the
recipient expends less than $500,000 in state financial assistance 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 the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httus://aoos.tldfs.comlfsaa for assistance. ]n
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at httu://www.leg.state.tl.us/Welcome/index.cfrn. State of Florida's website at
httu://www.mvtlorida.coml, Department of Financial Services' Website at httu://www.tldfs.coml and the
Auditor General's Website at httu://www.state.tl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter olthat State awarding entity'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). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits afState financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost 01 such additional audits.)
PART IV: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following:
DEP 55-215 (06/07)
DEP Agreement No. SC824, Attachment A, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Enviromnental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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
120 I East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(1), 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 the following address:
Audit Director
Florida Department of Enviromnental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directlv to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Enviromnental Protection
Office ofthe Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (06107)
DEP Agreement No. SC824, Attachment A, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directlv to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
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, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-B3, 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.
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, Chief Financial Officer, or Auditor General 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, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (06107)
DEP Agreement No. SC824, Attachment A, Page 4 of 5
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'" E Q..!:
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS.
RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION
This checklist and the standard contract audit language may be obtained electronically from the Department of Financial Services'
website (https:/Iapps.fldfs.com/fsaa).
If a Florida Single Audit Act State Project Detenmination Checklist has not been previously completed, please complete it now. (Applies
only to State agencies)
This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSM) to non-state
organizations after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to
provide state financial assistance (Le. is a State Project as defined in 215.97 (2), F.S.). This checklist assists in determining if the non-
state organization is a vendor, recipientlsubrecipient, or an exempt organization.
Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSM to non-
state organizations to which they provide State resources to assist in carrying out a State Project.
Name of Non-state Organization: Mnnrnp r.nllnty
Type of Non-state Organization: I n~~1 ~m/Prnml=mt ~f":nllnty}
(Le. nonprofit, for-profit, local government; if the non-state organization is a local government, please indicate the type of
local government - municipality, county commission, constitutional officer, water management district, etc.)
Awarding Agency: np.p~rtmpnt nf i=n\lirnnmQlnt::a1 PrntlCortinn
Title of State Project: r.nnc:.nlirl::lh:t."rl ~m:::lll r.:nllnty ~r::mt
Catalog of State Financial Assistance (CSFA) Number: ::\701?
Contract/Grant/Agreement Number: ~r.R?4
PART A
YES NO
6 1.
6 2.
6 3.
6 4.
6
6
6
Is the non-state organization a district school board, charter school, community college, public
university, government outside of Florida, or a Federal agency?
Is the relationship with the non-state organization only to procure commodities (as defined in
287.012(5) F.S.)?
Does the relationship with the non-state organization consist of only Federal resources, State
matching resources for Federal Programs or local matching resources for Federal Programs?
Does the relationship with the non-state organization consist of only State maintenance of effort
(MOE) 1 resources that meet all of the fOllowing criteria?
A. Do Federal Regulations specify the requirements for the use of the State MOE resources and
are there no additional State requirements?
B. Do contracts contain sufficient language to identify the State MOE resources and the associated
Federal Program?
C. Do A-133 audit requirements apply to the State MOE resources and do contracts stipuiate that
the State MOE resources should be tested in an A-133 audit in accordance with Federal
Program requirements?
MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A-133
Compliance Requirement G (Matching, Level of Effort, Earmarking).
If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be com~eted because the
FSAA is not applicable to the non-state organization.
DFS-A2-NS
July 2005
Rule 691-5.006, FAC
1
PART B
RecipienWendor Relationship Determination:
The following should be analyzed for each relationship with a non-state organization where It has been determined that
the state program provides state financial assistance (I.e. is a State Project) and the non-state organization is not exempt
based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or
application.
YES
1. Does State law or legislative proviso create the non-state organization to carry out this State Project?
2. Is the non-state organization required to provide matching resources not related to a Federal Program?
3. Is the non-state organization required to meet or comply with specified State Project requirements in
order to receive State resources? (State Project requirements include laws, rules, or guidelines specific
to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of
specified assets, etc. Specified State Project requirements do not include procurement standards,
general guidelines, or generallawslrules.)
2S. 4. Is the non-state organization required to make State Project decisions, which the State agency would
otherwise make? (e.g. determine eligibility, provide case management, etc.)
2S. 5. Is the non-state organization's performance measured against whether State Project objectives are met?
(e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to
be transported, etc. Performance measures mayor may not be related to State performance-based
budgeting.)
If any of the above is yes, there is a recipientlsubrecipient relationship and the non-state organization is subject to the
FSAA. Otherwise the non-state organization is a vendor and is not subject to the FSAA.
NO
2S.
2S.
2S.
PART C
Based on your analysis of the response above and discussions with appropriate agency personnel, state your conclusion
regarding the non-state organization.
(Check one) RecipientlSubrecipient: X Vendor: Exempt Organization:
Comments:
Print Name: Bobby Adams
Title: Operations
Signature:
Telephone Number: 850/245-8736
emenu:t::
Date: ') lit /01)
Note it is the program personnel's responsibility to notify Finance and Accounting of which non-state organizations have
been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500
object code in FLAIR).
Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and
still consider the non-state organization a recipient under the Florida Single Audit Act.
If a recipientlsubrecipient relationship exists the standard contract audit language, including Exhibit 1 (DFS-A2-GL), must
be included in the document that established the State's, recipient's, or subrecipient's relationship with the non-state
entity.
Questions regarding the evaluation of a non-state organization or if it has been determined that the non-state organization
is a recipient and a GSFA number has not been assigned, contact your FSAA State agency liaison or the Department of
Financial Services, Bureau of Auditing at (850) 413-3060 or Suncom 293-3060. Reference may be made to Rule 691-5,
FAC.
DFS-A2-NS 2
July 2005
Rule 691-5.006, FAG