FY2011 SC124 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: June 21, 2011
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Pamela G. Hanel .0 .
At the June 15, 2011, Board of County Commissioner's meeting, the Board granted
approval of the following:
Item C17 Agreement with the Florida Department of Environmental Protection (FDEP)
for FDEP Site Rehabilitation Funding and fuel contamination clean up at the Key West Public
Works compound. Enclosed are three duplicate originals. Please be sure to return the fully
executed Clerk's Original, as well as the Finance Department's Copy.
✓Item C25 Grant Agreement from the Florida Department of Environmental Protection
(DEP) for the Consolidated Small County Solid Waste Management Grant funds in the amount
of $70,588. Enclosed are two duplicate originals (can you please advise staff that we typically
require a minimum of four duplicate originals for distribution). Please be sure to return one
fully executed original.
Item C26 Resolution No. 164 -2011 authorizing the submission of the Consolidated Small
County Solid Waste Management Grant Application to the Florida Department of Environmental
Protection (DEP) for Fiscal Year 2011/2012. Enclosed is a certified copy of the Resolution and
the original Grant Application.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
N
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
Rick Scott
Governor
Jennifer Carroll
Lt, Governor
Herschel T.
Vinyard Jr.
Secretary
2010 -2011 SMALL COUNTY CONSOLIDATED GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095(3), FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1. Grant Agreement Number: 124SC 2. Date of Award: May 4, 2011
3. Grant Title: SMALL COUNTY CONSOLIDATED GRANT
4. Grant Period: October 1, 2010 - September 30, 2011
5. Grant Amount: $70,588
6. CSFA # and Project Name: 37.012/Small County Consolidated Grants
7. Grantee(s): MONROE COUNTY
Address: 1100 Simonton St., #2 -231
Key West, FL 33040
8. Grantee Fiscal Year End: September 30, 2011
9. Federal Employer Identification Number: 596000749
10. Grantee's Authorized Representative:
Name: Heather Carruthers
Title: Mayor /Chairman, Board of County Commissioners
Phone: 305 - 292 -4432
11. Grantee's Contact Person:
Name: Rosa Washington
Title: Senior Administrator
Address: 1100 Simonton St. #2 -231
Key West, FL 33040
Phone: 305 - 292 -4432
RECEIVED
JUL 0 8 2011
OP -WASTE REDUCTION
Any changes to the contact information shown above must be reduced to writing in the form of a letter contact
person identified in paragraph 13.
12. Total county population from official April 1, 2009 population estimates: 77,925
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
Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to
this Agreement.
DEP Agreement No. 124SC, Page 1 of 7
PART II — GRANT CONDITIONS
GENERAL CONDITIONS:
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 $70,588 toward the project
described in Attachment A, Grant Work Plan, for direct costs only. Prior written approval from the Department's
Grant Manager shall be required for changes in task budgets between approved budget categories of up to 10% of
the total budget amount for the task. The DEP Grant Manager will transmit a copy of the written approval and
revised task budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in
the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. Any change in
the budget that increases or decreases the total funding amount will require a formal amendment to the
Agreement. The Grantee shall be eligible for reimbursement for work performed on or after October 1, 2010 until
September 30, 2011.
2. A. The Grantee, using Attachment B, Reimbursement Request Form, shall submit reimbursement
requests upon the completion and submission of deliverables as identified in Attachment A. The Grantee
shall submit a final invoice to the Department no later than October 31, 2011, to assure the availability of
funds for final payment. An original of the Reimbursement Request Form, with summaries and
appropriate contracts attached must be submitted. 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 (if
available), check 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 Agreement and no additional travel expenses above those included in
the allowable items described in paragraph 4 will be authorized. Any requests for reimbursement of
authorized travel expenses must be submitted in accordance with Section 112.061, Florida Statutes.
C. The Grantee shall submit Attachment B, Reimbursement Request Form, in conjunction with progress
reports. The Grantee shall utilize Attachment D, Progress Report Form, to clearly describe what the
expenditures were used for and how such expenditures relate to the allowable items described in
Attachment A. To the extent that the expenditures are used for a specific project, the progress report
should also include a description of problems encountered, problem resolutions, a financial summary of
the project, and any schedule updates.
3. 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 http: / /www.fldfs.com /aadir /reference %5Fguide
DEP Agreement No. 124SC, Page 2 of 7
4. Expenditures shall be limited to the following items, as specified in Rule 62- 716.510, Florida Administrative Code,
in accordance with Section 403.7095(3), Florida Statutes:
Allowable costs for reimbursement under this Agreement, include:
A. Annual solid waste management program operating costs;
B. Purchasing or repairing solid waste scales;
C. Planning;
D. Costruction and maintenance of solid waste facilities; and
E. Recycling and education programs, which may include solid waste management education for employees
or the public and recycling demonstration projects.
Unallowable costs for reimbursement under this Agreement include:
A. Cell phone expenditures;
B. Indirect, overhead or administrative costs;
C. Promotional items such as T- shirts and other items promoting the program; and
D. Vehicles, unless authorized by this Agreement or an executed amendment to this Agreement.
Specific costs authorized for this Agreement are identified in Attachment A.
5. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement
in accordance with generally accepted accounting principles consistently applied. The Department, the State, or
their authorized representatives shall have access to such records for audit purposes duing the term of this
Agreement and for five (5) years following Agreement completion. 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.
6. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable
provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part
hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment E. 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 E, 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 Recipient/Subrecipient vs Vendor Determination" (form number DFS- A2 -NS)
that can be found under the "Links /Forms" section appearing at the following website:
https: / /apps.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.
DEP Agreement No. 124SC, Page 3 of 7
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit
Act Reporting, Attachment F, attached hereto and made a part hereof, within four (4) months following
the end of the Grantee's fiscal year. Attachment F should be submitted to the Department's Grants
Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee,
Florida 32399 -3000. The Grants Development and Review Manager is available to answer any questions
at (850) 245 -2361.
7. 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, 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. 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.
8. The Grantee shall obtain all necessary construction - related permits before initiating construction.
9. The State of Florida's performance and obligation to pay under this Grant Agreement is contingent upon an annual
appropriation by the Legislature.
10. 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)(a), Florida Statutes.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. Reimbursement for equipment or vehicle purchases costing $1,000 or more is not authorized under the terms of
this Project Agreement.
DEP Agreement No. 124SC, Page 4 of 7
W. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The payment terms of subcontracts (other than construction and the
purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under
this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost
reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within
ten (10) days after execution. 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.
18. 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.
19. 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.
20. A. The grantee agrees that it will enroll and participate in the federal E- Verify Program for Employment Verification
under the terms provided in the "Memorandum of Understanding" governing the program. The Grantee further
agrees to provide to the Department, within thirty (30) days of the effective date of this Agreement,
documentation of such enrollment in the form of a copy of the E- Verify "Edit Company Profile" screen which
contains proof of enrollment in the E- Verify Program (this page can be accessed from the "Edit Company
Profile" link on the left navigation menu of the E- Verify employer's homepage.)
B.The Grantee further agrees that it will require each subcontractor that performs work under this Agreement
to enroll and participate in the E- Verify Program within ninety days of the effective date of this Agreement or
within ninety (90) days of the effective date of the contract between the Grantee and the subcontractor,
whichever is later. The Grantee shall obtain from the subcontractor(s) a copy of the "Edit Company Profile"
screen indicating enrollment in the E- Verify Program and make such record(s) available to the Department
upon request.
C. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the
E- Verify program, including participation by its subcontractors as provided above, and to make such records
Available to the Department or other authorized state entity consistent with the terms of the Memorandum of
Understanding.
D. Compliance with the terms of this Employment Eligibility Verification provision is made an express condition
of this Agreement and the Department may treat a failure to comply as a material breach of the Agreement.
DEP Agreement No. 124SC, Page 5 of 7
21. 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.
22. The Department may at any time, by written order designated to be a change order, make any change in the
contact information identified in Section I of this Agreement. All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the
Grantee's cost or time, shall require formal amendment to this Agreement.
23. Land acquisition is not allowed under the terms of this Agreement.
24. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the
extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full
force and effect.
25. 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.
DEP Agreement No. 124SC, Page 6 of 7
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 $70,588.
THE STATE OF FLORIDA k3Y THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:
Charles F. Goddard, Chief, Date
Bureau of Solid & Hazardous Waste
Department of Environmental Protection
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
September 8, 2010 for use for one year.
In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that they are duly
authorized to act on behalf of the recipient county, and (2) the Grantee does hereby agree to perform in accordance with
the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits
named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms
"Contract" and "Agreement" and the terms "Grantee ", "Recipient" and "Contractor ", are used interchangeably.
BY AND ON BEHALF
Signature of
Heather Car
THE DESIGNATED RECIPIENT COUNTY:
Commissioners
Please return to:
Department of Environmental Protection
Bureau of Solid and Hazardous Waste
Waste Reduction Section - M.S. # 4555
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
List of attachments /exhibits included as part of this Agreement:
Specify
Type
Attachment
Letter/
Number
A
Description (include number of pages)
Grant Work Plan (4 Pages)
Attachment
B
Reimbursement Request Form and Instructions (2 Pages)
Attachment
C
Contract Payment Requirements (1
Page)
Attachment
D
Progress Report Form (2 Pages)
CD
Attachment
E
Special Audit Requirements (5 Pages)
Attachment
F
Certification of Applicability to Single
Audit Act Reporting (3 Pages)
0
0
�,
o
w
In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that they are duly
authorized to act on behalf of the recipient county, and (2) the Grantee does hereby agree to perform in accordance with
the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits
named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms
"Contract" and "Agreement" and the terms "Grantee ", "Recipient" and "Contractor ", are used interchangeably.
BY AND ON BEHALF
Signature of
Heather Car
THE DESIGNATED RECIPIENT COUNTY:
Commissioners
Please return to:
Department of Environmental Protection
Bureau of Solid and Hazardous Waste
Waste Reduction Section - M.S. # 4555
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
List of attachments /exhibits included as part of this Agreement:
Specify
Type
Attachment
Letter/
Number
A
Description (include number of pages)
Grant Work Plan (4 Pages)
Attachment
B
Reimbursement Request Form and Instructions (2 Pages)
Attachment
C
Contract Payment Requirements (1
Page)
Attachment
D
Progress Report Form (2 Pages)
Attachment
E
Special Audit Requirements (5 Pages)
Attachment
F
Certification of Applicability to Single
Audit Act Reporting (3 Pages)
DEP Agreement No. 124SC, Page 7 of 7