Resolution 267-2008
SOLID WASTE MANAGEMENT
~ESOLUTION NO. 267- 2008
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 J11,J:NDS.
WHEREAS, by Resolution No. 174-2008, the Monroe County Board of COmm;!'l~OnerS
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 SC924 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.
This resolution will become effective immediately upon adoption by the Comm;....;on and
execution by the Mayor and Clerk.
....
PASSED AND ADOPTED by the Board of County Commissioners ofMonro~o9ty ~oriifu,
at a meeting of said Board held on the 17th day of September, 2008. ~ n?c ~ "
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Mayor Di Gennaro
Mayor Pro Tem McCoy
Commissioner Spehar
Commissioner Neugent
Commissioner Murphy
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By:
Mayor/Chairperson
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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15 c:B
2008-2009 SMALL COUNTY CONSOLIDATED GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1.
Grant Agreement Number: SC924
2. Date of Award: August 1, 2008
3. Grant Title: SMALL COUNTY CONSOLIDATED GRANT
5. Grant Amount: $277,316
4. Grant Period: October 1,2008 or Execution (whichever is later) - September 30, 2009
6. CSFA # and Project Name: 37.012/Small County Consolidated Grants
7. Grantee(s): MONROE COUNTY
Address: 1100 Simonton Street, Room 2-231
8.
9.
Grantee Fiscal Year End: September 30, 2009
Federal Employer Identification Number: 596000749
10.
Grantee's Authorized Representative:
Name: Charles "Sonny" McCoy
Title: Mayor
Phone: 305-292-4432
11. Grantee's Contact Person:
Name:
Title:
Phone:
Beth Leto
Ass!. Director, Monroe County Public Works
305-292-4432
12. Total county population from official April 1, 2007 population estimates: 78,987
13. Issuing Office:
Mr. Bobby Adams, Grant Manager
Florida Department of Environmental Protection
Bureau of Solid and Hazardous Waste (MS 4555)
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
(850) 245-8736
DEP Agreement No. SC924, Page 1 of6
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ART 11- GRANT CONDITIONS
GENERAL CONDITIONS:
1. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$277,316 toward the project described in Attachment A, Grant Application, for direct costs only.
2.
A.
The Grantee, using Attachment B, Reimbursement Request Fonm, 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 Form, 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).
Reimbursement Request Forms 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. As an attachment to the reimbursement request form, the Grantee must provide from its
accounting system a listing of expenditures made under this Agreement. The listing shall
include, at a minimum, a description of the goods or services purchased, date of the
transaction (check date), voucher number, amount paid, and vendor name. The Grantee
shall comply with the minimum requirements set forth in Attachment C, Contract
Payment Requirements. Authorized travel expenses are included in the amount of this
Grant and no additional travel expenses will be authorized. Any requests for
reimbursement of authorized travel expenses must be submitted in accordance with
Section 112.061, Florida Statutes.
C. As an attachment to the Reimbursement Request Form, the Grantee must submit an
activity report that clearly describes what the expenditures were used for and how such
expenditures relate to one of the allowable items described in paragraph 5 below. To the
extent that the expenditures are used for a specific project, the activity report should also
include a description of problems encountered, problem resolutions, a financial summary
of the project, and any schedule updates.
3. Grant funds may be expended through September 30, 2009. A final reimbursement request must
be submitted no later than October 31,2009.
4. 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 (including cost allocation
guidelines), as appropriate. This information, when requested, must be provided within thirty (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 for 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.
DEP Agreement No. SC924, Page 2 of 6
5. Expenditures shall be limited to the following items, as specified in Section 403.7095, Florida
Statutes:
A. General solid waste management, which may include purchasing or repairing solid waste
weight scales, waste tire costs, planning costs, construction and maintenance of solid
waste management or recycling facilities, and annual solid waste management program
operating costs;
B. Litter prevention and control; and
C. Recycling and education programs, which may include solid waste management
education for employees or the public and 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 five (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. In the event any work is subcontracted, the
Grantee shall similarly require each subcontractor to maintain and allow access to such records
for audit purposes.
7.
A.
In addition to the requirements of the preceding paragraph, the Grantee shall comply with
the applicable provisions contained in Attachment 0 (Special Audit Requirements),
attached hereto and made a part hereof. Exhibit 1 to Attachment 0 summarizes the
funding sources supporting the Agreement for purposes of assisting the Grantee in
complying with the requirements of Attachment D. 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.
B. 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 0, Exhibit 1 when making its determination. For federal
financial assistance, the Grantee shall utilize the guidance provided under OMB Circular
A-133, Subpart B, 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:l/aoos. lidfs. 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, 2008 or
the date this Grant Agreement is fully executed, whichever date is later.
9.
A.
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, Section 403.7095, Florida Statutes,
or the Solid Waste Grants Program Rule, Chapter 62-716, Fiorida Administrative Code.
Such action may also result in the Department declaring the local government ineligible
DEP Agreement No. SC924, Page 3 of 6
for further participation in the program until the local government complies with the terms
of the Grant award. Prior to termination, the Department shall provide thirty (30) calendar
days written notice of its intent to terminate and shall provide the Grantee an opportunity
to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee
with thirty (30) calendar days written notice.
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. 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.
13. 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.
14. 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.
15. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the
Grantee's officers, employees, servants and agents while acting within the scope of their
employment with the Grantee.
16. 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.
17. The Grantee covenants that it presently has no interest and shall not acquire any interest, which
would conflict in any manner or degree with the performance of services required.
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 E, 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.
DEP Agreement No. SC924, Page 4 of 6
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.
19.
A.
The Grantee may subcontract work under this Agreement with the prior written consent of
the Department's Grant Manager. The Grantee agrees to be responsible for the
fulfillment of all work elements included in any subcontract and agrees to be responsible
for the payment of all monies due under any subcontract. It is understood and agreed by
the Grantee that the Department shall not be liable to any subcontractor for any expenses
or liabilities incurred under the subcontract and that the Grantee shall be solely liable to
the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities afforded by this Agreement
embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State of Florida. A list of minority owned firms that could be
offered subcontracting opportunities may be obtained by contacting the Office of Supplier
Diversity at (850) 487-0915.
20.
A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability,
shall be excluded from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this Agreement.
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.
21. 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.
22. The Grantee shall comply with all applicable federal, state and local rules and regulations in
conducting the project funded under this Agreement. The Grantee acknowledges that this
requirement includes compliance with all applicable federal, state and local health and safety rules
and regulations. The Grantee further agrees to include this provision in all subcontracts issued as
a result of this Grant Agreement.
23. Land acquisition is not allowed under the terms of this Agreement.
24. 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. SC924, Page 50[6
PART 111- 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.
Grant Application dated June 18, 2008, included herein by reference.
THE~LORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:
Charles F. GOddarCf)4 Dat~,;/.J,/J ~
Bureau of Solid & Hazardous Waste
Approved as to form and legality:
This form has been pre-approved as to
Form and legality by Chris McGuire,
Senior Assistant General Counsel, on
Julv 18. 2008 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.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY:
.1'luwJO;~
9/62S/08'
Date '
Signature of Authorized Representative
Name: GIlaFIe&-~~Ml:lCoy Mario DiGennaro
Title: Mayor
Please return to:
~~i
Department of Environmental Protection
Bureau of Solid and Hazardous Waste
Waste Reduction Section, MS4555
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
List of attachments/exhibits included as part of this Agreement:
Specify
Tvpe
Letter!
Number
Description (include number of paces)
Attachment
Attachment
Attachment
Attachment
Attachment
A
B
C
D
E
Grant Application (1 Pace)
Reimbursement Reauest Form and Instructions (2 Paaes)
Contract Pavment Reauirements (1 Paae
Soecial Audit Reauirements (5 Paaes)
ProperlY Reportina Form (1 Paae)
DEP Agreement No. SC924, Page 6 of 6
EY
ATTACHMENT B
REIMBURSEMENT REQUEST FORM
Grantee:
Mailing Address:
Grantee's Grant Manager:
Payment Reqnest No.:
DEP Agreement No.:
Date Of Request:
Amount Requested: $
Expenditure
Period:
GRANT EXPENDITURES SUMMARY SECTION
EXPENDITURE
Purchasing or Repairing Solid Waste Weight
Scales
Annual Solid Waste Management Program
o eratin Costs
Planning
Construction of Solid Waste Management or
Rec c1in Facilities
Maintenance of Solid Waste Management or
Rec c1in Facilities
Solid Waste Management Education for
Em 10 ees or the Public
Recycling Demonstration Projects
Waste Tire Costs
Effective Date of Grant tbrou End-of-Grant Period]
AMOUNT OF THIS
RE VEST
TOTAL CUMULATIVE
PAYMENTS
$
$
$
$
$
$
$
$
$
$
$
$
Litter Control and Prevention Projects
TOTAL AMOUNT
AGREEMENT AMOUNT
$
$
Less Total Cumulative Payments of:
TOTAL REMAINING IN GRANT
$
$
$
CERTIFICATION
The nodersigned certifies that the amonot being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Signature of Authorized Representative (Not Stamp)
Priot Name
Date
DEP Agreement No. SC924, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
REIMBURSEMENT REQUEST FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS
REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
EXPENDITURE PERIOD: This is the beginning and ending date of the period of these expenditures.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REOUEST" COLUMN: Enter the amount that was paid out during the invoice period for which
you are requesting reimbursement. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the
Agreement on the "A GREEMENT AMOUNT' line. Enter the total cumulative amount of this request and all previous
payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE
PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT'
line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been claimed to date for
reimbursement by budget category. The final request should show the total of all payments; first through the final payment
(this amount cannot exceed the approved budget amount for this Agreement). Enter the column total on the "TOTALS"
line. Do not enter anything in the shaded areas.
CERTIFICATION: Must be signed by the Grantee's Authorized Representative. This should be the same person
who signed the Grant Agreement.
A LISTING OF EXPENDITURES AND AN ACTIVITY REPORT MUST BE SUBMITTED ALONG WITH THIS
REIMURSEMENT REQUEST, AS REQillRED IN PARAGRAPH 2 OF THE GRANT AGREEMENT.
DEP Agreement No. SC924, Attachment B, Page 2 of 2
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
(1) Salaries:
Listed below are examples of the types of documentation representing the minimum requirements:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In-house charges:
(6) Indirect costs:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception:
Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form ofFLAlR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: htto:/lwww.fldfs.com/aadir/referenceguide.htm .
DEP 55-219 (05/2008)
DEP Agreement No. SC924, Attachment C, Page 1 of 1
ATTACHMENT D
SPECIAL AUDIT REQmREMENTS
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 andlor 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-133 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, andlor 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 government or a non-profit organization as defmed in OMB
Circular A-133, as revised.
1. 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 ofOMB Circular A-133,
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 of OMB 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 of OMB Circular A-133, 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 ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., 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 http://12.46.245.173/cfda/cfda.htrul.
DE? 55-215 (02/07)
DEP Agreement No. SC924, Attachment D, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In 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 siogle or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
ofFio.ncial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
detennining the state financial assistance expended io 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 ioclude 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 I; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes subntission
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. If the recipient expends less than $500,000 in state financial assistance io its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $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 obtaioed 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 httos://apps.fldfs.comlfsaa for assistance. In
addition to the above websites, the following websites may be accessed for infonnation: Legislature's
Website at htto://www.leg.state.fl.uslWelcomelindex.cfm. State of Florida's website at
htto://www.mvflorida.coml, Department of Financial Services' Website at htto://www.fldfs.coml and the
Auditor General's Website at htto://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQmREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that 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 of State 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 of such additional audits.)
PART IV: REPORT SUBMISSION
I. Copies ofreportiog packages for audits conducted io accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be subntitted, 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 (02107)
DEP Agreement No. SC924, Attachment D, Page 2 of 5
A. 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
B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the numher of
copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I),
OMB Circular A-B3, 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 Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies offmancial 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 Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State ofFiorida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (02/07)
DEP Agreement No. SC924, Attachment D, Page 3 of 5
4. Copies ofreports 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-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 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 (02/07)
DEP Agreement No. SC924, Attachment D, Page 4 of 5
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