Resolution 274-2016SOLID WASTE MANAGEMENT
RESOLUTION N0048-2017
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF MONROE COUNTY FLORIDA, RESCINDING
RESOLUTION 274 -2016 AND AUTHORIZING THE
EXECUTION OF A GRANT AGREEMENT WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
FOR THE ACCEPTANCE OF THE CONSOLIDATED SMALL
COUNTY SOLID WASTE MANAGEMENT GRANT FOR
FISCAL YEAR 2015/2016.
WHEREAS, by Resolution 274 -2016, the Monroe County Board of Commissioners authorized the
acceptance of the Florida Department of Environmental Protection (FDEP) consolidated
Small County Solid Waste Management Grant funds; and
WHEREAS, Resolution 274 -2016 incorrectly referenced Fiscal Year 2016 -2017 and Grant Agreement
524SC rather than SC624 and this resolution seeks to rescind Resolution 274 -2016; and
WHEREAS, the Florida Department of Environmental Protection has awarded Monroe County a
Small County Solid Waste Grant, in the amount of $90,909.00 for Fiscal 2015/2016; and
WHEREAS, the Monroe County Board of County Commissioners hereby authorizes
acceptance of the FDEP Grant Agreement SC625 for Fiscal year 2015/2016; now
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
1. Resolution 274 -2016 is hereby rescinded and replaced with this Resolution.
2. The Grant Agreement SC624 for Fiscal Year 2015/2016 is hereby
accepted and the former Mayor was authorized to execute the Grant
Agreement on August 5, 2016.
3. This resolution will become effective immediately upon adoption by the
Commission and execution by the Mayor and Clerk and approval of the
to
grant and authorization to execute the grant will be retroactively effective to _":
August 5, 2016.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Count�,S'
Florida, at a meeting of said Board held on 15 th day of March 2017.
Mayor George Neugent Y
Mayor Pro Tem David Rice Y
Commissioner Danny L. Kolhage Y
ssioner Heather Carruthers Y
-x; �o loner Sylvia Murphy Y
7- =i
BOARD OF COUNTY COMMISSIONERS
c ADOK, OF MONROE COUNTY, FLORIDA
0
t4ONROE COUNTY ATTORNEY
�n ` Pf'ROV D AS TO FORM:
Deputy Clerk CHRISTINE M. LIMBERT- BARROWS
Mayor /Chairmarba ATTORNEY
2015-2016 SMALL COUNTY CONSOLIDATED GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095(3), FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1. Grant Agreement Number: SC624 2. Date of Award: July 12, 2016
3. Grant Title: SMALL COUNTY CONSOLIDATED SOLID WASTE GRANT
4. Grant Period: October 1, 2015 - September 30, 2016, unless completed earlier in accordance with PART
11, paragraph 2.
5. Grant Amount: $ 90,909
6. CSFA # and Project Name: 37.012 - Small County Consolidated Grants
7. Grantee(s): Monroe County
Address: Monroe County Board of County Commissioners
1100 Simonton Sreet Room 2 -231
Key West, Florida 32040
8. Grantee Fiscal Year End: September 30, 2016
9. Federal Employer Identification Number: 59- 6000749
10. Grantee's Authorized Representative:
Name: Heather Carruthers
Title: Mayor
Address: 1100 Simonton Sreet Room 2 -231
Key West, Florida 32040
Phone: (305) 2924432
Email: Thompson - will @monroecounty- fl.gov
If there is a change in the authorized representative during the Grant period, the Grantee must notify the
Department in writing and provide appropriate documentation.
11. Grantee's Grant Manager:
Name: Will Thompson
Title: Solid Waste Director
Address: 1100 Simonton Sreet Room 2 -231
Key West, Florida 32040
Phone: (305) 2924432
Email: Thompson - will @ monroecounty-fl.gov
Any changes to the contact information shown above must be provided in writing to the Department's Grant
Manager identified in paragraph 13.
DEP Agreement No. SC624
Page l of 13
12. Total county population from official April 1, 2014 population estimates: 74,044
13, Issuing Office/Department's Grant Manager:
Mr. Henry Garrigo, Grant Manager
Florida Department of Environmental Protection
Waste Reduction Program (MS 4555)
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
(850) 245 -8822
Email: Henry.Garrigo @dep.state.fl.us
Any changes to the contact information shown above must be provided in writing to the Grantee's Grant
Manager identified in paragraph 11, above.
PART II — GRANT CONDITIONS
COMPENSATION:
A. 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 $90,909
for all eligible direct project costs, upon the completion, submittal and approval of deliverables
identified in Attachment A, Grant Work Plan. To be eligible for reimbursement, costs must be
in compliance with laws, rules and regulations applicable to expenditures of State funds, including,
but not limited to, the Department of Financial Services Reference Guide for State Expenditures
available at htto / /www fldfs com /aadir /referengtr %5Fguide
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement. Changes to approved budget categories within a single task that are less than 10% of
the total approved task budget amount will require a formal Change Order to the Agreement.
Changes that are 10% or greater of the total approved task budget amount, or changes that transfer
funds from one task to another task, or changes that increase or decrease the project's total funding
amount will require a formal Amendment to the Agreement.
PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain
in effect until September 30, 2016, inclusive. The Grantee shall be eligible for reimbursement for work
performed on or after October 1, 2015 until funds are fully expended or September 30, 2016, whichever
occurs first.
NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S.
Mail, a courier delivery service, or delivered in person, to the individuals identified in PART I, paragraphs
10, 11, and 13. Notices shall be considered delivered when reflected by an electronic mail read receipt, a
courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by
recipient.
INVOICING REQUIREMENTS:
A. The Grantee, using Attachment B, Payment Request Summary Form, shall submit
reimbursement requests upon the completion, submittal and approval of each deliverable identified
in Attachment A, in accordance with the schedule therein. The Grantee may submit invoices no
less frequently than quarterly and no more frequently than monthly. Invoices shall be submitted
within thirty days following the completion of the invoice period. The Grantee shall submit a final
invoice to the Department no later than October 31, 2016, 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 identified in Part I, Paragraph 10.
DEP Agreement No. SC624
Page 2 of 13
B. As an attachment to the Payment Request Summary 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 and must be broken
down by task. 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 Attachment A will be authorized without written approval from FDEP Grant Manager.
Any requests for reimbursement of authorized travel expenses must be submitted in accordance with
Section 112,061, Florida Statutes.
C. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed,
problems encountered, problem resolution, schedule updates and proposed work for the next
reporting period. Reports shall be submitted to the Department's Grant Manager no later than thirty
(30) calendar days following the completion of the invoice period described under Part 1I, Paragraph
4.A (no more frequently than monthly and no less frequently than quarterly). It is hereby understood
and agreed by the patties that the term "monthly" shall reflect the calendar months and the term
"quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and
December 31. The Department's Grant Manager shall have ten (10) calendar days to review the
required reports and deliverables submitted by the Grantee.
D. The Grantee shall submit a final Payment Request Package, marking the submittal as the final
request pursuant to this Agreement, to the Department no later than October 31, 2016, to assure the
availability of funds for final payment. After the Department receives the final Payment Request
Package, no additional Requests for Payment will be authorized.
5. PROOF OF PAYMENT: In addition to the requirements in the paragraph above, the Department may
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. As described in paragraph 6.B below, the Department shall not reimburse the Grantee for indirect,
overhead or general and administrative costs (excluding fringe benefits) under this Agreement. All bills for
amounts due under this Grant Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof and must be in compliance with the laws, rules and regulations applicable to expenditures
of state funds. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at http�Hwww myfloridacfo wni/aadirlreference
6. EXPENDITURES:
A. Allowable costs for reimbursement under this Agreement include:
Solid waste management program operating costs;
ii. Purchasing or repairing solid waste scales;
iii. Planning;
iv. Construction and maintenance of solid waste facilities;
V. Recycling and education programs, which may include solid waste management education
for employees or the public and recycling demonstration projects;
vi. Litter prevention and control; and
vii. Waste tire collection and disposal.
DEP Agreement No. SC624
Page 3 of 13
B. Prohibited costs for reimbursement under this Agreement include:
i. Cell phone expenditures;
ii. Indirect, overhead or administrative costs (excluding fringe benefits)
iii. Promotional items such as T- shirts and other items promoting the program;
iv. Vehicles, unless authorized by this Agreement or an executed amendment to this
Agreement;
V. Handling fees such as set percent overages associated with purchasing supplies or
equipment;
vi. Civil or administrative penalties;
vii. Attorney fees or court costs; and
viii. Any interest in real property.
ix. Grantee recognizes that Department is an agency of the State of Florida, which by virtue
of its sovereignty is not required to pay any taxes on services or goods purchased under
this Agreement. Department does not pay Federal excise or sales taxes on direct purchases
of tangible personal property. Department will not pay for any personal property taxes
levied on Grantee or for any taxes levied on employee's wages.
C. Specific costs authorized for this Agreement are identified in Attachment A.
D. For payment to subcontractors the following applies: Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup documentation identical to
that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly
identify the personnel involved, salary rate per hour, and hours /time spent on the project.
Additionally, independent of the Grantee's contract obligations to the subcontractor, the Department
shall not reimburse any of the charges enumerated in paragraph 63 above. If such costs are charged
by a Contractor, the Grantee shall be responsible for paying them from sources other than this Grant.
E. For fixed price/rate (vendor) subcontracts, the following provisions shall apply:
The Grantee may award, on a competitive basis, fixed price /rate subcontracts to
consultants/contractors in performing the work described in Attachment A. Invoices
submitted to the Department for fixed price subcontracted activities shall be supported with
a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive
procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed
price/rate subcontract.
The Grantee may request approval from the Department to award a fixed price /rate
subcontract resulting from procurement methods other than those identified in the
paragraph above. In this instance, the Grantee shall request the advance written approval
from the Department's Grant Manager of the fixed price /rate negotiated by the Grantee.
The letter of request shall be supported by a detailed budget and Scope of Services to be
performed by the subcontractor. Upon receipt of the Department Grant Manager's
approval of the fixed price/rate amount, the Grantee may proceed in finalizing the fixed
price/rate subcontract.
iii. All subcontracts are subject to the provisions of this Agreement.
DEP Agreement No. SC624
Page 4 of 13
PROHIBITION AGAINST COMMINGLING OF FUNDS:
A. The accounting systems for all Grantees must ensure that these funds are not commingled with funds
from other agencies. Funds from each agency must be accounted for separately. Grantees are
prohibited from commingling funds on either a program -by- program or a project -by- project basis.
Funds specifically budgeted and/or received for one project may not be used to support another
project. Where a Grantee's, or subrecipienfs, accounting system cannot comply with this
requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund
accountability for each project it has been awarded.
B. If the Department finds that these funds have been commingled, the Department shall have the right
to demand a refund, either in whole or in part, of the funds provided to the Grantee under this
Agreement for non - compliance with the material terms of this Agreement. The Grantee, upon such
written notification from the Department shall refund, and shall forthwith pay to the Department,
the amount of money demanded by the Department. Interest on any refund shall be calculated based
on the prevailing rate used by the State Board of Administration. Interest shall be calculated from
the date(s) the original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
C. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the
Department, from another source(s), the Grantee shall reimburse the Department for all recovered
funds originally provided under this Agreement. Interest on any refund shall be calculated based
on the prevailing rate used by the State Board of Administration. Interest shall be calculated from
the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the
Department by the Grantee.
8. DOCUMENT RETENTION AND AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
The Department, the State, or their authorized representatives shall have access to such records for
audit purposes during the term of this Agreement and for five (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.
B. The Grantee understands its duty, pursuant to Section 20.055(5), Florida Statutes, to cooperate with
the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The
Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any,
impose this requirement, in writing, on its subcontractors.
9. SPECIAL AUDIT REQUIREMENTS:
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 Grant Manager to request a copy of the updated
information.
DEP Agreement No. SC624
Page 5 of 13
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:
hAps:j/apps.fldfs.co
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.
10. TERMINATION:
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, Annual Reports, and Recycling 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.
IL FINANCIAL CONSEQUENCES FOR UNSATISFACTORY PERFORMANCE: No payment will be made
for unsatisfactory deliverables. In the event that a deliverable is deemed unsatisfactory by the Department,
the Grantee shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional
cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a
satisfactory deliverable is not submitted within the specified timeframe, the Department may, either: 1)
terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter
specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan
(CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and
performed in no more than sixty (60) calendar days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing
whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have
ten (10) calendar days from receipt of the Department letter rej ecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In
the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department
shall retain the right to require additional or further remedial steps, or to terminate this Agreement
for failure to perform. No actions approved by the Department or steps taken by the Grantee shall
preclude the Department from subsequently asserting any deficiencies in performance. The Grantee
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of
the CAP will be made to the Department as requested by the Department Grant Manager.
DEP Agreement No. SC624
Page 6 of 13
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
12. PERMITS: The Grantee shall obtain all necessary federal, state and local permits before initiating
construction.
13. ANNUAL APPROPRIATION. The State of Florida "s performance and obligation to pay under this Grant
Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that
this Agreement is not a commitment offuture appropriations. Authorization for continuation and completion
of work and payment associated therewith may be rescinded with proper notice at the discretion of the
Department if Legislative appropriations are reduced or eliminated.
14. PUBLIC RECORDS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request, or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(lxa), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency], then the following requirements apply:
i. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the Grantee
of the request, and the Grantee must provide the records to the Department or allow the
records to be inspected or copied within a reasonable time. If Grantee fails to provide the
public records to the Department within a reasonable time, the Grantee may be subject to
penalties under s. 119. 10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law.
Grantee shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by law for the duration of the Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by the
Department to perform the services under this Agreement. If the Grantee transfers all public
records to the Department upon completi on of the Agreement, the Grantee shall destroy any
duplicate public records that are exempt or confidential and exempt from public disclosure
requirements. If the Grantee keeps and maintains public records upon completion of the
DEP Agreement No. SC624
Page 7 of 13
Agreement, the Grantee shall meet all applicable requirements for retaining public records.
All records that are stored electronically must be provided to Department, upon request from
the Department's custodian of public records, in a format that is accessible by and
compatible with the information technology systems of Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245 -2118 by email at
omyudsma&a)dep.state.fl.us, or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
15. PROHIBITION FROM LOBBYING: 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.
Further, in accordance with Section 11.062, Florida Statutes, no state funds, exclusive of salaries, travel
expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi -
judicial department shall be used by any state employee or other person for lobbying purposes.
16. WORKER'S COMPENSATION INSURANCE: 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.
17. LIABILITY INSURANCE:
A. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure
and maintain, Commercial General Liability insurance including bodily injury and property damage.
The minimum limits of liability shall be $200,000 each individual's claim and $300,000 occurrence.
This insurance will provide coverage for all claims that may arise from the services and/or
operations completed under this Agreement, whether such services and/or operations are by the
Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the
Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as
Additional Insureds for the entire length of the Agreement.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure
and maintain, Commercial Automobile Liability insurance for all claims which may arise from the
services and /or operations under this Agreement, whether such services and/or operations are by the
Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the
DEP Agreement No. SC624
Page 8 of 13
Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as
Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall
be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -Owned Vehicles, if
applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
C. If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable,
any other type of required insurance, including but not limited to Jones Act, Longshoreman's and
Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and
any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the
Grantee shall include these requirements in any sub grant or subcontract issued for the performance
of the work specified in Attachment A, Grant Work Plan. Questions concerning required
coverage should be directed to the U.S. Department of Labor
(http://www.dol.gov/owcp/dlhvA-Ascoiitac.htm or to the parties' insurance carriers.
D. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida.
The Grantee's current certificate of insurance shall contain a provision that the insurance will not be
canceled for any reason except after thirty (30) calendar days written notice (with the exception of
non - payment of premium which requires a 10- calendar -day notice) to the Department's Procurement
Administrator. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan.
18. INDEMNIFICATION: 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. Further, nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by
third parties in any matter arising out of any contract or this Agreement.
19. CONFLICT OF INTEREST: 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.
20. EQUIPMENT: Reimbursement for equipment or vehicle purchases costing $1,000 or more is not authorized
under the terms and conditions of this Grant Agreement,
21. SUBCONTRACTING:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager, subject to the limitations established in paragraph 6. above. The
Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any
invoices for subcontracted work. 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
maybe obtained by contacting the Office of Supplier Diversity at (850) 487 -0915. See the following
website for assistance:
i a ;r,4�.? `<:.' -.ins '_�_ Y ".._ °�_! ,r:.��_. -' -- • F � RNPIVAKO
DEP Agreement No. SC624
Page 9 of 13
22. NONDISCRIMINATION:
A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, 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. [287.134, Florida Statutes]
B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section
287.134, F.S., 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 rest 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.
23. PUBLIC ENTITY CR1IviES: 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 thirty -six (36) months from the date of being placed on the convicted vendor list.
[287.133, Florida Statutes]
24. HEALTH AND SAFETY REQUIREMENTS: 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, but is not limited to, 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.
25. CHANGE ORDERS: The Department may at any time, by written order designated to be a change order,
make any change in the contact information identified in Part 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.
26. NO ACQUISITION OF REAL PROPERTY: The acquisition of real property or any interest in real property
is not allowed under the terms of this Agreement.
27, PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, Florida Statutes, for a competitive solicitation for construction
services in which 50 percent or more of the cost will be paid from state - appropriated funds which
have been appropriated at the time of the competitive solicitation, a state, college, county,
municipality, school district, or other political subdivision of the state may not use a local ordinance
or regulation that provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local
jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local
jurisdiction; or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular
local jurisdiction.
B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county,
municipality, school district, or other political subdivision of the state shall disclose in the
DEP Agreement No. SC624
Page 10 of 13
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
28, UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee or its
contractors ( "subcontractors" under this agreement) is considered a violation of Section 274A(e) of the
Immigration and Nationality Act. If the Grantee or a subcontractor knowingly employs unauthorized aliens,
such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
29. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement, including by any of the following methods:
A, Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
30. SEVERABILITY: This Agreement has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision of this
Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County,
Florida.
31. MODIFICATIONS REQUIRED BY LAW: The Department reserves the right to revise this Agreement to
include additional language required by federal agency(ies) or other sources awarding funding to Department
in support of this Agreement; or to include changes necessitated by Department Wile changes.
32. ATTORNEY'S FEES: In the event of any legal action to enforce the terms of this Agreement, each party
shall bear its own attorney's fees and costs.
33. HEADINGS: The headings contained herein are for convenience only and do not constitute a part of this
Agreement and shall not be deemed to limit or affect any of the provisions hereof.
34. EXECUTION IN COUNTERPARTS: This Agreement may be executed in two or more counterparts, each
of which together shall be deemed an original, but all of which together shall constitute one and the same
instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a
if the party executing (or
.pdf' format data file, such signature shall create a valid and binding obligation of
on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf'
signature page were an original thereof.
35. ENTIRE AGREEMENT: 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. SC624
Page 11 of 13
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 $90,909.
THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:
Secretary or designee
Date
Print Name and Title
Approved as to form and legality:
DEVA ttorn
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 BE OF THE DESIGNATED RECIPIENT COUNTY:
Signs re of Au oriz Representative Date
N
Ch rman, County Commissioners
Please return to:
Department of Environmental Protection
Division of Waste Management - M.S. #4550
2600 Blair Stone Road
Tallahassee, Florida 32399 -2400
List of attachments/exhibits included as part of this Agreement:
Specify
Letter/
Tvae
Number
Attachment
A
Attachment
B
Attachment
C
Attachment
D
Attachment
E
Descrintion (include number o names)
Grant Work Plan (3 Pages)
Payment Request Summary Form and Instructions (3 Pages)
Contract Payment Requirements (1 Page)
Progress Report Form (1 Page)
Special Audit Requirements (5 Pages)
DEP Agreement No. SC624
Page 13 of 13
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
1-a ljaltj&se2�FT 32399-2400
DEP Form #: 62-716.900(2) F.A.C.
Form Title: Small County Consolidated
Solid Waste Management
Grant Application
Effective Date: December 17, 2013
31
1. Name of County
• magul =I'
mwr,ii#Ls=MU
11091rcdeff 0=901111111091011110
X b. Annual solid waste management program
operating costs (may include waste tire and
litter control and prevention)
c. Planning
e. Maintenance of solid waste facilities
M I
11 lffiyvwlcl��
I
,. Purpose for which grant money is requested detail. Please complete the two attached fortris: (1) DEP - Attachment "A"
Grant Work Plan; and ( 2) DEP Budget-Cost Analysis.
10, Name and Title of Authorized Representative
Name HEATHER CARRUTHERS Title MAYOR
12, E-Mail Address
• Contact person thoMpson-will.amonroccountv-fl.uov
11 My Florida Market Place Registered Vendor Address (this address should be registered with My Florida Market Place
and is the address your County wants the Reimbursement Request amount, e.g. State Warrant, seutto)
13A. Name of County (as it appears in M.F.M.P.) MONROECOUNTY
13B. Address of County (as it appears in M.F.M.P.) 1100 SIMONTON ST., R-2-23 1, KEY WEST, FL 33040_
Consolidated Small County Solid Waste
Management Grant Application
Page 2
� , I jqjli�i
i 11 M. i 141a ; 1 '1111 1
.11 your county is sell-insure• , we must nave a written statement trom your Chiet Vinanciall.tticer statingthis. (tlease
Attach).
I CERTIFY that I am familiar with the information contained in this application, and that to the best of my knowledge
belief such information is true, complete and accurate. I further certify that I possess the authority to apply for this grant
• behalf of thi� county. 1 1
ofAuthorized Representative
NOTE: This forin may
• submitted electronically to waste. grants@dep, state. fl.us or by mail to Financial Management and
Procurement, NIS
4 of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400.
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CERTIFICATE OF COVERAGE
Ce rtficate Holder m ist a r I ssam Date: W W201
M ONROE COU447Y BOARD 43F COUNTY C( IISSIO -RS Florida League o Cities, Inc
1100 S IMOIrfrON STRE SOOM 2-268 Department Insurance and Financial Services
Y WEEST FL 3,3040 a
cearaeEaaAM -8
THIS to UI a'EM F :` 'raffia `f'38ar AWt O: W BELfw NKS PEEN OSSAAD TO THE nESMArED MEWERF OR 'I RE d,9°i'V'FRAGI"C PEAX.30 &7i6" Aa"ED t:.k` IAKY"I VAN�# #W A.NV at, ° lft�„", .v
TEAM. eta C , YT t`! N OF ANY C"W€' RAC I TO VANC a -'seed Ca aaa MATI BY 'IWG
ACAS WEM M. ,,S AaFF$,a) llfiAfi IN 6 GUMMY W ARY. FHE' FEAMM Fs EXCIU KM AI'M f r�� B OV SUCH At REEK, 1
AGREEME NLAWREW F Al l° 0 366 COVERAer- PERIGO, FROM UY I S I COWRAGE PFRIOMTO 10,1106 12,0144 Br Two
s - OF COVERAGE - UABILRY TYPEE OF COVERAGE PPOPFR
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At TVA THE COWAMR AFF0*040 817M A(UNISRENT AIMS,
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