Item C06County Monroe
BOARD OF COUNTY COMMISSIONERS
of
Mayor George Neugent, District 2
The FlOnda. Keys
_ Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C.6
Agenda Item Summary #3009
REVISED BACK -UP DAY OF MEETING
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432
N/A
AGENDA ITEM WORDING: Approval to enter into an agreement with the State of Florida,
Department of Environmental Protection, Division of Waste Management, for Small County
Consolidated Solid Waste Grant.
ITEM BACKGROUND: This grant is used to offset haul out cost for Solid Waste Management.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved on an annual basis.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
DOC 122 CIORRECTED FDEP GRANT SOLID WASTE C6 3009 (FOR DAY OF MEETING
REVISED BACKUP 6 19 17)
FINANCIAL IMPACT:
Effective Date: 10/01/2016 -
Expiration Date: 09/30/2017
Total Dollar Value of Contract: $90,909.00
Total Cost to County: NA
Current Year Portion: NA
Budgeted:
Source of Funds: DEP
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant: $90,909.00
County Match:
Insurance Required:
Additional Details:
If yes, amount:
None
REVIEWED BY:
Will Thompson
Completed
06/05/2017 2:34 PM
Christine Limbert
Completed
06/06/2017 1:08 PM
Budget and Finance
Completed
06/06/2017 2:06 PM
Maria Slavik
Completed
06/06/2017 2:08 PM
Kathy Peters
Completed
06/06/2017 5:43 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
DEP AGREEMENT NO. SC724
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DMSION OF WASTE MANAGEMENT
SMALL COUNTY CONSOLIDATED SOLID WASTE GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095(3), FLORIDA STATUTES
PURSUANT TO LINE ITEM 1674 OF THE FY16 -17 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department") and the Monroe County
Board of County Commissioners, whose address is 1100 Simonton St., Key West, FL., 33040 (hereinafter referred to
as "Grantee "), a local government, to provide financial assistance for the Monroe Small County Consolidated Solid
Waste Management Grant (herein after referred to as the "Project "). Collectively, the Department and the Grantee
shall be referred to as "Parties" or individually as a "Party".
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
TERMS OF AGREEMENT
The Grantee does hereby agree to perform in accordance with Chapter 62 -716, Florida Administrative Code
(F.A.C.), 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. The Grantee
acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit will
be issued for a particular activity. Further, the Grantee agrees to ensure that all necessary permits are obtained
prior to implementation of any Agreement activity that may fall under applicable federal, state or local laws.
For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably.
2. PERIOD F AGREEMENT
This Agreement shall begin upon execution by both parties and shall remain in effect until September 30,
2017 inclusive. The Grantee shall be eligible for reimbursement for work performed on or after October 1,
2016 through September 30, 2017, or until funds are fully expended, whichever occurs first. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of $90,909.00. It is understood that any additional funds necessary for the completion of
this Project are the responsibility of the Grantee. The parties hereto understand and agree that this
Agreement does not require a match on the part of the Grantee.
Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and/or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten
percent (10 °A) of the total budget as last approved by the Department. All Change
Orders are subject to the mutual agreement of both parties as evidenced in writing.
DEP Agreement No, SC724, Page 1 of 13
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ii. A formal Amendment to this Agreement is required for changes which cause any of
the following: an increase or decrease in the Agreement funding amount; a change in
the Grantee's match requirements; a change in the expiration date of the Agreement;
and/or changes to the cumulative amount of funding transfers between approved
budget categories, as defined in Attachment A, exceeds or is expected to exceed ten
percent (10%) of the total budget as last approved by the Department. All Amendments
are subject to the mutual agreement of both parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein.
Reimbursement shall be requested utilizing Attachment B, Payment Request Summary
Form. 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
Reference Guide for State Expenditures, which can be accessed at the following web
address: hqn: / /www.myfloridacfo.com/aadir /reference guide/ All invoices for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. Pursuant to Chapter 62- 716.310, F.A.C., the Grantee may submit
invoices on a monthly or quarterly basis. Invoices shall be submitted within thirty (30)
calendar days following the completion of the invoice period. A final payment request
should be submitted to the Department no later than sixty (60) calendar days, following the
completion date of the Agreement, to assure the availability of funds for payment. All
work performed pursuant to Attachment A must be performed on or before the completion
date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to
finalize invoices and backup documentation to support the final payment request
ii. Prohibited costs for reimbursement under this Agreement include:
a. Indirect, overhead or administrative costs (excluding fringe benefits);
b. Promotional items such as t- shirts and other items promoting the program;
C. Vehicles, unless authorized under paragraph 20 of this Agreement; and
d. Taxes on services or goods purchased under this Agreement. The Grantee
recognizes that the 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 The Department does not pay Federal excise or
sales taxes on direct purchases of tangible personal property. The Department
will not pay for any personal property taxes levied on the Grantee or for any taxes
levied on employee wages.
Independent of the Grantee's obligation to any subcontractors, the Department shall not reimburse
any of these prohibited costs, and if such costs are charged by a Grantee's subcontractor, the Grantee
shall be responsible for payment from sources other than the grant funds awarded under this
Agreement
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth
in Attachment C, Contract Payment Requirements. The Payment Request Summary Form
shall be accompanied by the following, broken down by task: a listing of expenditures made under
this Agreement from the Grantee's accounting system, including at a minimum, a description of the
goods or services purchased, date of transaction (check date), voucher number (if available), check
number, amount paid, and vendor name; supporting documentation; and other requirements as
follows for each deliverable. Reimbursement shall be limited to the following budget categories:
DEP Agreement No. SC724, Page 2 of 13
SCCW_FY16.17
Con dual Service§ (Subcontractors) — 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 spent
on the project. All eligible multipliers used (i.e., fringe benefits) shall be supported by
audit. If the Department determines that multipliers charged by any subcontractor
exceeded the rates supported by audit, the Grantee shall be required to reimburse such
funds to the Department within thirty (30) calendar days of written notification. Interest
on the excessive charges shall be calculated based on the prevailing rate used by the State
Board of Administration. Nonconsumable and/or nonexpendable personal property or
equipment costing $1,000 or more purchased for the Project under a subcontract is subject
to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I -72, Florida
Administrative Code (F.A.C.) and/or Chapter 691 -73, F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that
include the purchase of equipment as part of the delivery of services. The Grantee shall
comply with this requirement and ensure its subcontracts issued under this Agreement, if
any, impose this requirement, in writing, on its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price 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 (i.e., Invitation to Bid
or Request for Proposals) resulting in the fixed -price subcontract.
The Grantee may request approval from the Department to award a fixed -price
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
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 amount,
the Grantee may proceed in finalizing the fixed -price subcontract.
C. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the 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 (overhead, indirect, general
administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the
Department of Financial Services' Reference Guide for State Expenditures at
bllp:// www. mvflondacfo .com/aadir /referenceguidel
DEP Agreement No. SC724, Page 3 of 13
sccw_flrlbir
F. i. 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 subreeipienes, 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.
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.
iii. 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.
4. ANNUAL APPROPRIATION
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future 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.
5. REPORTS
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the
reporting period, problems encountered, problem resolutions, scheduled 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 authorized under Chapter 62- 716.310,
F.A.C., and described in Paragraph 3.C.i, of this Agreement. It is hereby understood and agreed by the
parties that the term "monthly" shall reflect the calendar months, and that 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.
6. RETATNAGE
Retainage is not required under this Agreement.
7. 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.
DEP Agreement No. SC724, Page 4 of 13
sccw_FYrr~n
S. DEFAULT/TERMINATION/FORCE MAJEURE:
A The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement. 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. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event.
;_ W_ r .L t► ; WAPEOLoazi 1
No payment will be made for deliverables deemed unsatisfactory by the Department. 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, in its soie discretion, either: l) 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 rejecting 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
DEP Agreement No. SC724, Page 5 of 13
SCCw FY16r7
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 fiuther 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.
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. 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.
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) 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 the completion date or termination of the Agreement. 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), F.S., 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.
11. 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 listed in paragraph 17 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 2 CFR §200.330 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:
C. 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. SC724, Page 6 of 13
SCCW„FYI6-17
U. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph 3.D.
of this Agreement, which require prior approval. The Grantee shall submit a copy of the executed
subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless
of any subcontract, the Grantee is ultimately responsible for all work to be performed under this
Agreement 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 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.
13. PRQHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which
fifty percent (50%) 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
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A-
14. LOBBYING PROHIBITION
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the State of Florida Legislature, the judicial branch or a state agency.
Further, in accordance with Section 1 1.062, F.S., 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.
15. COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department 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
Agreement.
DEP Agreement No. SC724, Page 7 of 13
SCCW„FY1617
M. 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. 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. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
17. CONTACTS
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below:
Henry Garrilto or Successor
Florida RMartment of Environmental Protection
Division of Waste Management
2600 Blair Stone Road. , MS# 4555
Tallahassee Florida 32399 -2400
Teley one No.:
850 245 -8822
E -mail Address:
I thorn son -will monroecoun -fl, ov
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
Will Thompson or Successor
Director
Solid Waste
1100 Simonton St. , RM 2 -231
Key West, FL 33040
Telephone No.:
1 305 - 29211432
E -mail Address:
I thorn son -will monroecoun -fl, ov
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.11 should include the updated Grant Manager information.
18. INSURANCE
A Providing and maintaining adequate insurance coverage isamaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is performed by the Grantee, any sub - grantee,
or Grantee's contractors. 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. Coverage may be by private insurance or self - insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to performance of any work
pursuant to this Agreement. All commercial 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 Grant Manager. If the Grantee is self - funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self - funded for said insurance, appropriate and allowable under Florida law, and that such
self- insurance offers protection applicable to the Grantee's officers, employees, servants and agents
DEP Agreement No. SC724, Page 8 of 13
SCCW- FY1617
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any self- insurance program or insurance coverage shall comply filly with
the Florida Workers' Compensation law. In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Commercial General Liability insurance is required, including bodily injury and property
damage. The minimum limits of liability shall be 5200,000 each individual's claim and
$300,000 each occurrence.
iii. Commercial Automobile Liability insurance is required, 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 contractors. The minimum limija of liabili
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
iv. Othgr Insurance may be required if any work proceeds over or adjacent to water, 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. Questions concerning required
coverage should be directed to the U.S. Department of Labor
(htt}: / /www.dol.ggy amSWIhBoIgggW.htm) or to the parties' insurance carrier.
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. EOUIPMENT
Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under
the terms and conditions of this Agreement. Attachment F, Property Reporting Form, is not applicable
and shall be intentionally excluded.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Granteetsubcontractor 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.
DEP Agreement No. SC724, Page 9 of 13
scow_ Y16-17
22. QUALITY ASSURANCE REQUIREMENTS
All sampling and analyses performed under this Agreement will be conducted as part .of the Grantee's
Department - mandated activities to maintain compliance with permitting requirements, which already
conform with the requirements set forth in Chapter 62 -160, F.A.C., and the Quality Assurance Requirements
for Department Agreements. Quality Assurance Project Plans, if applicable, will be submitted to the
Department under permit conditions through the Grantee's permit application and/or renewal process, if
necessary.
23. DISCRIMINATION
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.
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 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 posts 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.
24. LAND ACOUISITION
Land acquisition is not authorized under the terms of this Agreement.
25. 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
26. PUBLIC RECORDS ACCESS:
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 1I9.011(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 L Florida Constitution.
DEP Agreement No. SC724, Page 10 of 13
sccw FYi6-n
C. if Grantee meets the definition of "Contractor" found in Section 119.0701(l)(a), 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:
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.
iii. 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 completion 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
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 ombudsmanOldep.state.fl.us
or at the mailing address below.
Department of Environment Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. SC724, Page 11 of 13
SCCW_FY16617
27. PUBLIC ENTITY CRIME, TERMINATION FALSE CERTIFICATIQN. SCRUTINIZED
COMPANIES. BOYCOTTING:
A. 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, F.S, for Category Two, for a
period of thirty -six (36) months from the date of being placed on the convicted vendor list (287.133,
F.S.).
B. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section
287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for
applicable sub- agreements entered into for the performance of work under this
Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this
Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted
a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable
scrutinized companies list or engaged in prohibited contracting activity during the term of the
Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these
contracting prohibitions then they shall become inoperative.
This Agreement, and any Amendments or Change Orders thereto, 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 ".pdf format data file, such signature shall create a valid and binding obligation of the
party executing (or 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.
29. SEVERABILITY CLAUSE
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.
30. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SC724, Page 12 of 13
sccw_rnr~17
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
GRANTEE NAME
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Signature of Person Authorized to Sign
Print Name and Title of Authorized Person
Date;
FEID No.: 59- 6000749
By:
Secretary or designee
Print Name and Title of Authorized Person
Date:
Henry Garrigo, DEP Grant Manager
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
m.tSrL
CHRISTINE M. LIMBERT•SARROWS
ASSIST j NTY ATTORNEY
Date f PIC 4--
For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan (3 Pa&U)
Attachment
B
Payment Reauest Summary Form (3 Pages)
Attachment
Contract Payment Reauirements 0 Page)
Attachment
ProtrressReReuort Form 0 Page)
Attachment
E
Special Audit Reauirements (5 Pages)
Attachment
F
Property Reporting Form (I Page) Attachment Intentionally Excluded
DEP Agreement No. SC724, Page 13 of 13
sacw„FYI&v
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Monroe County Small County Consolidated Solid Waste Management Grant
PROJECT AUTHORITY: Monroe County (Grantee) received funding from the Florida Legislature in the amount
of $90,909, through Specific Appropriation Line Item No. 1674, Solid Waste Management Trust Fund, Fiscal Year
(FY) 2016- 2017 General Appropriations Act. The Grantee meets the threshold for a small county (population under
110,000) and received this funding under the Small County Consolidated Grants program for the purpose of
subsidizing its solid waste management program Authority for this Project is specified in Section 403.7095, Florida
Statutes (F.S.), and Chapter 62 -716, Florida Administrative Code (F.A.C). Monitoring and auditing guidelines, as
related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA), No,
37.012.
PROJECT LOCATION: Monroe County has three (3) transfer stations for household solid waste. The locations are
as follows: 740 Blimp Road, MM 21.5, Cudjoe Key, FL 33040; MM 68, US I (Gulf), Long Key, FL 33001; MM
100.3, 1180 State Road 905, Key Largo, FL 33037. The household solid waste will be collected from the three (3)
transfer stations located throughout Monroe County and then transported and disposed of at Wheelabrator South waste
to energy plant at 4400 FL.-7, Fort Lauderdale, Florida, 33314, Broward County.
PROJECT BACKGROUND: Monroe County, Florida has been declared by the Florida Department of
Environmental Protection, an area of critical concern. There are no open landfills in Monroe County. All solid waste
and recycling is hauled out of the County for disposal. This grant will be used to offset a small portion of Monroe
County's haul -out costs. The Grantee needs this funding to help offset the cost for disposal because of its small
population and limited funding resources.
PROJECT DESCRIPTION: Household solid waste, recyclables and marine debris will be picked up at all three (3)
transfer stations by the County's Solid Waste Franchise contract with Waste Management, Inc. All material will then
be hauled out of Monroe County to Wheelabrator South, waste to energy facility in Fort Lauderdale, Florida. The cost
for proper haul -out and disposal for Monroe County solid waste is: Recycling $75.08 /ton, Residential $87.15 /ton,
Commercial $87.52/ton. This is part of the County's Solid Waste Franchise contract with Waste Management, Inc.
Additional Narrative: The Grantee's solid waste collection and transportation needs occur on an on -going basis year -
round, and as such the Grantee's operations are budgeted on an annual basis. The annual budget prepared by the
Grantee exceeds the grant award amount, and it is understood that any project costs exceeding the grant funding
awarded for allowable costs under this Agreement remain the sole responsibility of the Grantee
TASKS and DELIVERABLES:
Task N1: Solid Waste Management Haul -Out Operations
Task Description: The Grantee is responsible for the collection of solid waste from its drop -off sites and eligible
residents and businesses throughout Monroe County. The collected waste is transported to the Grantee's Transfer
Stations, where it is weighed, handled and sorted. The waste is then transported out of Monroe County for proper
disposal. The cost for proper haul -out and disposal for Monroe County solid waste is: Recycling $75.08 /ton,
Residential 587.15 /ton, Commercial $87.52/ton. No salaries, fringe benefits or travel will be paid from this grant.
This is part of the County's Solid Waste Franchise contract with Waste Management, Inc. Any costs exceeding the
grant funding are the responsibility of the Grantee.
Deliverable(s): Completion of the task as evidenced by submittal of all the following supporting documentation. The
Grantee will submit copies of the paid invoices and checks. The invoices, provided by the landfill, will provide a
waste description, and list and summarize the load weights and their cost. Additionally, the Grantee will provide
tonnage summaries, using either the Tonnage Summary Report, provided by the Department as Exhibit 1 of this
Grant Work Plan or comparable documentation. All deliverables may be submitted electronically.
DEP Agreement No. SC724, Attachment A, Page 1 of 3
saw 1&17
Performance Standard: The Department's Grant Manager will review each deliverable to verify that it meets the
specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the
Department's Grant Manager of required deliverable(s) under this task, the Grantee may proceed with payment request
submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement quarterly. Payment
requests shall be submitted within thirty (30) calendar days following completion of the quarter. The outlined
Deliverable(s) must have been submitted and accepted in writing by the Department's Grant Manager prior to payment
request submittal.
Budget: Allowable costs for this task are not to exceed $90,909.00 for solid waste transportation and disposal on
behalf of the Grantee (Contractual Services).
PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must be
received by the designated due date.
Task
v
Task Title
Task Sti4rt
-
Task End
Deliverable Due Date! Frequency
No.
Total for -Task:
Date
Date`
Solid Waste Management Haul -
Quarterly, within thirty (30) calendar
1
Out Operations
10/1/2016
9/30/2017
days of the end of each quarter and
prior to each payment request.
BUDGET DETAIL BY TASK
Task No.
Budget Category
Budget Amount
1
Contractual Services Subcontractor
$90,909.00
Total for -Task:
$90,909.00
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below.
a Alw �b
� is •r. '1 •1' it
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SC724, Attachment A, Page 2 of 3
SCCW_16.17
Exhibit i
Tonnage Summary Report
Grantee may submit one (1) report for all disposals completed during the quarter. Complete a claim number for
each disposal completed during the quarter. Attach additional pages, if necessary. Include copies of provider
invoices and proof of payment for each claim, Comparable documentation may be submitted in lieu of of this report,
Claim No: Date of Collection:
Grantee (County) Name: Account No,:
Receipt/Invoice No.:
Claim No: Date of Collection:
Grantee ( County) Name: Account No.:
ReceiptMvoice No_:
TIPPING FEE
FACILITY OR
MATERIAL
DISPOSED (TONS)
FEE PER TON
TOTAL
VENDOR
TOTAL
USED/DESTINATION
Waste Tire
Waste Tire
Claim No: Date of Collection:
Grantee ( County) Name: Account No.:
ReceiptMvoice No_:
Claim No: Date of Collection:
Grantee (County) Name: Account No.:
Receipt/Invoice No.:
TIPPING FEE
FACILITY OR
MATERIAL
DISPOSED (TONS)
FEE PER TON
TIPPING FEE
VENDOR
TOTAL
USED/DESTINATION
Household Solid
Waste
Household Solid
Waste
Claim No: Date of Collection:
Grantee (County) Name: Account No.:
Receipt/Invoice No.:
I, , certify that the information in this report is true and accurate, and that the disposal
operations have been completed in accordance with the terms and condition of DEP Agreement No. SC724
and as described in Attachment A, Grant Work Plan, of the Agreement.
Grantee's Grant Manager Name and Title:
Date.
Grantee's Grant Manager Signature:
DEP Agreement No. SC724, Attachment A, Page 3 of 3
scca_i6-17
TIPPING FEE
FACILITY OR
MATERIAL
DISPOSED (TONS)
FEE PER TON
VENDOR
TOTAL
USED/DESTINATION
Household Solid
Waste
Household Solid
Waste
I, , certify that the information in this report is true and accurate, and that the disposal
operations have been completed in accordance with the terms and condition of DEP Agreement No. SC724
and as described in Attachment A, Grant Work Plan, of the Agreement.
Grantee's Grant Manager Name and Title:
Date.
Grantee's Grant Manager Signature:
DEP Agreement No. SC724, Attachment A, Page 3 of 3
scca_i6-17
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: SC724 Agreement Effective Dates:
Grantee: Monroe County Grantee's Grant Manager:
Mailing Address: 1100 Simonton St., Key West, FL 33040
Payment Request No.
Performance Period (Start date - End date):
Task/Deliverable No(s).
10/1/2016 - 9/30/2017
Will Thompson
Date of Payment Request:
Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
DEP Agreement No. SC724, Attachment B, Page I of 3
smw_ &I.1
AMOUNT OF
TOTAL
MATCHING
TOTAL
CATEGORY OF EXPENDITURE
THIS REQUEST
CUMULATIVE
FUNDS FOR
CUMULATIVE
PAYMENT
THIS REQUEST
MATCHING
REQUESTS
FUNDS
Salaries/Wages
S
S
SN /A
SN /A
Fringe Benefits
S
S
SN /A
SN /A
Contractual Services
S
S
SN /A
SN /A
Subcontractors
Travel
S
S
SN /A
SN /A
Equipment (Direct Purchases)
S
S
SN /A
SN /A
Rental/Lease of Equipment
S
S
SN /A
SN /A
Miscellaneous/Other Expenses
S
S
SN /A
SN /A
Land Acquisition
S
S
SN /A
SN /A
TOTAL AMOUNT
S
S
SN /A
SN /A
TOTAL TASKIDELIVERABLE
S
SN /A
BUDGET AMOUNT
Less Total Cumulative Payment
S
SN /A
Requests of:
TOTAL REMAINING IN TASK
S
SN /A
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
DEP Agreement No. SC724, Attachment B, Page I of 3
smw_ &I.1
Grantee's Certification of Payment Request
L
(Print name of Grantee's Grant Manager designated in the Agreement)
, on behalf of
do hereby certify for
(Print name of Grantee/Recipient)
DEP Agreement No.
and Payment Request No.
that:
® The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
® All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
® The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply:
❑ All permits and approvals required for the construction, which is underway, have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request, and such
certifications are included:
Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy — mm/dd/yy)
Grantee's Grant Manager's Signature
Grantee's Fiscal Agent
Print Name Print Name
Telephone Number
Telephone Number
DEP Agreement No. SC724, Attachment B, Page 2 of 3
sccw_1e.n
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for (must agree with the current Grant Work Plan).
TASK /DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASKYDELIVERABLE BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST' column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASKBUDGETAMOUNT'
line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the
"TOTAL TASKBUDGETAMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request (this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the "TOTALS' line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN Enter the amount to be claimed as match for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently approved
Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on
the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any
previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column Deduct the "LESS
TOTAL CUMULATIVE PAYMENTS OF' from the " 7OTAL TASK BUDGE TAMOUNT" for the amount to enter on the
"TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled "TOTALS" The final report should
show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services, Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No. SC724, Attachment B. Page 3 of 3
SCCW„ 16617
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.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: 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.
(2) Fringe Benefits: 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.
(3) Travel: 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.
(4) Other direct costs: 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.
(S) In -house charges: 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.
For contracts between state agencies, and for contracts between universities, alternative documentation may be
submitted to substantiate the reimbursement request. This may be in the form of FLAIR reports or other similarly
detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: hn:UE3yw_.fld_fl.com/aadirlreference gtride.htm
DEP Agreement No. SC724, Attachment C, Page I of 1
sccw_rsn
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
SC724
Grantee Name:
Monroe County Board of County Commissioners
Grantee Address:
1100 Simonton St. Key West FL 33040
Grantee's Grant Manager:
1 Will Thompson
Telephone No.:
305- 2924432
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant Work
Plan: a summary of project accomplishments for the reporting period; a comparison of
actual accomplishments to goals for the period; if goals were not met, provide reasons why;
provide an update on the estimated time for completion of the task and an explanation for
any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
SC724 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Print Name and Title
Date
DEP Agreement No. SC724, Attachment D, Page 1 of 1
SCOW Ibt7
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP ", "FDEP "or "Grantor ", or other name in the contract/agreement) to the recipient (which
may be referred to as the "Contractor ", Grantee" or other name in the contract/agreement) may be subject to audits
and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, 2 CFR Part 200,
Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not
be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedurestprocesses 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 defined in OMB
Circular A -133, as revised (for fiscal year start dates prior to December 26, 20141 or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) 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, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment 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 A433, as revised, and 2 CFR Part 200,
Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised,
and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F 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 www.cfda.eov
DEP Agreement No. SC724, Attachment E, Page 1 of 5
=W_FY1617
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass - through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part H, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), 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 $750,000 in state financial assistance in 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 S750,000 in state financial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at h1WsJ /apps.fldfs.wmlfsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcomeindex.cftn State of Florida's website at hgp: / /www, . Cam/.
Department of Financial Services' Website at htta: / /www.fldfs.com/ and the Auditor General's Website at
httn : / /www.mvflorida.condaudaen/.
PART M: OTHER AUDIT REQUIREMENTS
(NOTE.- This purl would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity 's policy fl. e., the audit is not required by Federal or Slate 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 SUBAUSSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by
Section .320 (d), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
DEP Agreement No. SC724, Attachment E, Page 2 of 5
SCCVV— FY16b11
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSinSjcAudijq *p. state .fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised, and 2 CFR
§200.501(x) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133,
as revised, and 2 CFR §200.501(a) 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
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at hqp: //huyeaW =sus.gpv /facweb/
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised, and 2 CFR §200.512.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDF,PSinstleAudil@dev.state.fl.us
3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
DEP Agreement No. SC724, Attachment E, Page 3 of 5
SCCW_M6-17
Electronically:
FDEPSinaleAudi deg.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
11 I West Madison Street
Tallahassee, Florida 32399 -1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit adep.state.fl.us
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, as revised, and 2 CFR Part 200, Subpart F, 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, as revised and 2 CFR Part 200, Subpart F, 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 Agreement No. SC724, Attachment E, Page 4 of 5
SCCW lYI&17
EXMIT -1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Award to the Reci pient Pursuant to this
Agreement Consist of the Following:
Federal
Program
Number
Federal Aqency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Catego
State
Appropriation
Cateqo
State
Program
State
CSFA
or
Appropriation
Number
Fundin Source
Fiscal Year
State Resources Awarded to the Recipient
Pursuant to this A
reement Consist of the Following Matching Resources for Federal P rams:
Federal
Program
Number
Federal Aaency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Cateqo
State
Program
State
CSFA
or
Appropriation
Number
Fundin Source
Fiscal Year
Number
State Resources Awarded to the Reci lent
Pursuant to this A
reement Consist of the Following Resources Sub ect to Section 215.97 F.S.:
State
CSFA Title
State
Program
State
CSFA
or
Appropriation
Number
Fundin Source
Fiscal Year
Number
Funding, Source Descri lion
Funding Amount
Catego
General Appropriations Act
(GAA), Line Item 1674,
Grants and Aids to Local
Original
Governments and Nonstate
Entities — Fixed Capital
2016 -2017
37.012
Small County Consolidated Grants
$90,909
140134
Agreement
Outlay, Solid Waste
Management from Solid
Waste Management Trust
Fund
Total Award $90,909
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www,cfda.gov) and/or the Florida Catalog of State Financial Assistance (CSFA) lhims-tlavns.fldfs.comlfsadsc chCatalog,nsoxl The servicestpurposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. SC724, Attachment E, Page 5 of 5
SCCW ,FY1611
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District 1
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C.6
Agenda Item Summary #3009
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432
N/A
AGENDA ITEM WORDING: Approval to enter into an agreement with the State of Florida,
Department of Environmental Protection, Division of Waste Management, for Small County
Consolidated Solid Waste Grant.
ITEM BACKGROUND: This grant is used to offset haul out cost for Solid Waste Management.
PREVIOUS RELEVANT BOCC ACTION: This grant has been approved on an annual basis.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
033117SC724MonroeAgreement with Attachments and Legal Stamp
FINANCIAL IMPACT:
Effective Date: 10/01/2016 -
Expiration Date: 09/30/2017
Total Dollar Value of Contract: $90,909.00
Total Cost to County: NA
Current Year Portion: NA
Budgeted:
Source of Funds: DEP
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant: $90,909.00
County Match:
Insurance Required:
Additional Details:
If yes, amount:
None
h]X TA1 IHIlt -Is
Will Thompson
Completed
06/05/2017 2:34 PM
Christine Limbert
Completed
06/06/2017 1:08 PM
Budget and Finance
Completed
06/06/2017 2:06 PM
Maria Slavik
Completed
06/06/2017 2:08 PM
Kathy Peters
Completed
06/06/2017 5:43 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
DEP AGREEMENT NO. SC724
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WASTE MANAGEMENT
SMALL COUNTY CONSOLIDATED SOLID WASTE GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095(3), FLORIDA STATUTES
PURSUANT TO LINE ITEM 1674 OF THE FY16 -17 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), between the
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Cornrnonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department') and the
Monroe County Board of County Cornrnissioners, whose address is 1100 Simonton St., Key West, FL., 33040
(hereinafter referred to as "Grantee "), a local government, to provide financial assistance for the Monroe Small
County Consolidated Solid Waste Management Grant (herein after referred to as the "Project'). Collectively, the
Department and the Grantee shall be referred to as "Parties" or individually as a "Party ".
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
1. TERMS OF AGREEMENT
The Grantee does hereby agree to perfonn in accordance with Chapter 62 -716, Florida Administrative
Code (F.A.C.), 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.
The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or
local pennit will be issued for a particular activity. Further, the Grantee agrees to ensure that all necessary
pen are obtained prior to implementation of any Agreement activity that may fall under applicable
federal, state or local laws. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used
interchangeably.
2. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall remain in effect until September 30,
2017 inclusive. The Grantee shall be eligible for reimbursement for work perfonned on or after October 1,
2016 through September 30, 2017, or until funds are fully expended, whichever occurs first. This
Agreement may be amended to provide for additional services if additional funding is made available by
the Legislature.
3. FUNDING /CONSIDERATIONANVOICING
A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up
to a maximum of $90,909.00. It is understood that any additional funds necessary for the
completion of this Project are the responsibility of the Grantee. The parties hereto understand and
agree that this Agreement does not require a match on the part of the Grantee.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and /or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten
percent (10 %) of the total budget as last approved by the Department. All Change
Orders are subject to the mutual agreement of both parties as evidenced in writing.
DEP Agreement No. SC724, Page 1 of 14
SCCW FY16 -17
ii. A formal Amendment to this Agreement is required for changes which cause any of
the following: an increase or decrease in the Agreement funding amount; a change
in the Grantee's match requirements; a change in the expiration date of the
Agreement; and /or changes to the cumulative amount of funding transfers between
approved budget categories, as defined in Attachment A, exceeds or is expected to
exceed ten percent (10 %) of the total budget as last approved by the Department. All
Amendments are subject to the mutual agreement of both parties as evidenced in
writing.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein.
Reimbursement shall be requested utilizing Attachment B, Payment Request Summary
Form. 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 Reference Guide for State Expenditures, which can be accessed at the following web
address: http://www.iiivfloridacfo.coliVaadir/reference guide / All invoices for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. Pursuant to Chapter 62- 716.310, F.A.C., the Grantee may submit
invoices on a monthly or quarterly basis. Invoices shall be submitted within thirty (30)
calendar days following the completion of the invoice period. A final payment request
should be submitted to the Department no later than sixty (60) calendar days, following
the completion date of the Agreement, to assure the availability of funds for payment.
All work performed pursuant to Attachment A must be performed on or before the
completion date of the Agreement, and the subsequent sixty -day period merely allows the
Grantee to finalize invoices and backup documentation to support the final payment
request.
ii. Prohibited costs for reimbursement under this Agreement include:
a. Indirect, overhead or administrative costs (excluding fringe benefits);
b. Promotional items such as t -shirts and other items promoting the program;
C. Vehicles, unless authorized under paragraph 20 of this Agreement; and
d. Taxes on services or goods purchased under this Agreement. The Grantee
recognizes that the 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. The Department does not pay Federal excise
or sales taxes on direct purchases of tangible personal property. The
Department will not pay for any personal property taxes levied on the Grantee or
for any taxes levied on employee wages.
Independent of the Grantee's obligation to any subcontractors, the Department shall not reimburse
any of these prohibited costs, and if such costs are charged by a Grantee's subcontractor, the
Grantee shall be responsible for payment from sources other than the grant funds awarded under
this Agreement.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. The Grantee shall comply with the minimum requirements set
forth in Attachment C, Contract Payment Requirements. The Payment Request Summary
Form shall be accompanied by the following, broken down by task: a listing of expenditures made
under this Agreement from the Grantee's accounting system, including at a minimum a
DEP Agreement No. SC724, Page 2 of 14
SCCW FY16 -17
description of the goods or services purchased, date of transaction (check date), voucher number
(if available), check number, amount paid, and vendor name; supporting documentation; and other
requirements as follows for each deliverable. Reimbursement shall be limited to the following
budget categories:
Contractual Services (Subcontractors) — 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 spent on the project. All eligible multipliers used (i.e., fringe benefits) shall be
supported by audit. If the Department determines that multipliers charged by any
subcontractor exceeded the rates supported by audit, the Grantee shall be required to
reimburse such funds to the Department within thirty (30) calendar days of written
notification. Interest on the excessive charges shall be calculated based on the prevailing
rate used by the State Board of Administration. Nonconsumable and /or nonexpendable
personal property or equipment costing $1,000 or more purchased for the Project under a
subcontract is subject to the requirements set forth in Chapters 273 and /or 274, F.S., and
Chapter 69I -72, Florida Administrative Code (F.A.C.) and /or Chapter 69I -73, F.A.C., as
applicable. The Grantee shall be responsible for maintaining appropriate property
records for any subcontracts that include the purchase of equipment as part of the
delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in writing, on
its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants /contractors in perfonning 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 (i.e., Invitation to
Bid or Request for Proposals) resulting in the fixed -price subcontract.
b. The Grantee may request approval from the Department to award a fixed -
price 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 negotiated by the Grantee. The letter of request shall be supported
by a detailed budget and Scope of Services to be perfonned by the
subcontractor. Upon receipt of the Department Grant Manager's approval of
the fixed -price amount, the Grantee may proceed in finalizing the fixed -price
subcontract.
All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the 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 (overhead, indirect,
general administrative costs, and fringe benefits). State guidelines for allowable costs can be found
DEP Agreement No. SC724, Page 3 of 14
SCCW FY16 -17
in the Department of Financial Services' Reference Guide for State Expenditures at
http : / /www.myfloridacfo.com/aadir /reference guide /
F. i. The accounting systems for all Grantees must ensure that these funds are not coiumingled
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
subrecipient's, 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.
ii. 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.
iii. 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.
4. ANNUAL APPROPRIATION
The State of Florida's perfonuance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a
coiumitiuent of future 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.
5. REPORTS
The Grantee shall utilize Attachment D, Progress Report Form, to describe the work perfonued during
the reporting period, problems encountered, problem resolutions, scheduled 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 authorized under Chapter 62-
716.310, F.A.C., and described in Paragraph 3.C.i. of this Agreement. It is hereby understood and agreed
by the parties that the term "monthly" shall reflect the calendar months, and that 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.
6. RETAINAGE
Retainage is not required under this Agreement.
DEP Agreement No. SC724, Page 4 of 14
SCCW FY16 -17
7. 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.
8. DEFAULT /TERMINATION /FORCE MAJEURE:
A. The Department may tenminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or
misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its
obligations under this Agreement. Prior to tenmination, 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 tenmination.
B. The Department may tenminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days' written notice. If the Department terminates the Agreement for
convenience, the Department shall notify the Grantee of such termination, with instructions as to
the effective date of tenmination or specify the stage of work at which the Agreement is to be
tenminated. If the Agreement is terminated before performance is completed, the Grantee shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the
anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay
and the Grantee's intended timetable for implementation of such measures. If the parties agree
that the delay or anticipated delay was caused, or will be caused by a force majeure, the
Department may, at its discretion, extend the time for performance under this Agreement for a
period of time equal to the delay resulting from the force majeure upon execution of an
amendment to this Agreement. Such agreement shall be confinmed by letter from the Department
accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike,
lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot,
lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through
no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or
otherwise, that is not reasonably within the control of the Grantee and /or the Department. The
Grantee is responsible for the perfonmance of all services issued under this Agreement. Failure to
perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure
event.
9. REMEDIES /FINANCIAL CONSEQUENCES
No payment will be made for deliverables deemed unsatisfactory by the Department. 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 timefraime, the Department may, in its sole discretion, either: 1) tenminate this Agreement for
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of
perfonmance 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 perfonmed in no more than
sixty (60) calendar days.
DEP Agreement No. SC724, Page 5 of 14
SCCW FY16 -17
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 rejecting 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 perfonnance deficiencies by
Grantee, the Department shall retain the right to require additional or further remedial steps, or to
tenninate 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 perfonnance. 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.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
perfonnance 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. 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.
10. RECORD KEEPING /AUDIT
A. The Grantee shall maintain books, records and documents directly pertinent to perfonnance under
this Agreement in accordance with United States generally accepted accounting principles (US
GAAP) 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 the completion date or termination of the Agreement. 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), F.S., 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.
11. 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 surnnarizes 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 listed in paragraph 17 to
request a copy of the updated information.
DEP Agreement No. SC724, Page 6 of 14
SCCW FY16 -17
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 2 CFR §200.330 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"
(foram number DFS- A2 -NS) that can be found under the "Links/Forms" section appearing at the
following website:
https:A \apps.fldfs.com \fsaa
C. 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.
12. SUBCONTRACTS:
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontracts pursuant to paragraph
3.D. of this Agreement, which require prior approval. The Grantee shall subunit a copy of the
executed subcontract to the Department prior to submitting any invoices for subcontracted work.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be perfonned
under this Agreement. 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 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 fines that could be offered subcontracting opportunities may be obtained by
contacting the Office of Supplier Diversity at (850) 487 -0915.
13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES:
A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in
which fifty percent (50 %) 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
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
14. LOBBYING PROHIBITION
DEP Agreement No. SC724, Page 7 of 14
SCCW FY16 -17
In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by
this Agreement for the purpose of lobbying the State of Florida Legislature, the judicial branch or a state
agency. Further, in accordance with Section 11.062, F.S., 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.
15. COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department 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 Agreement.
16. 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. 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. Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17.
17. CONTACTS
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below:
Henry Garri o or Successor
Florida Department of Environmental Protection
Division of Waste Management
2600 Blair Stone Road., MS# 4555
Tallahassee, Florida 32399 -2400
Telephone No.:
(850) 245 -8822
E -mail Address:
Henry. Garrigo(d)de .state.fl.us
The Grantee's Grant Manager at the time of execution for this Agreement is identified below:
Will Thompson or Successor
Director
Solid Waste
1100 Simonton St., RM 2 -231
Key West, FL 33040
Telephone No.:
305- 292 -4432
E -mail Address:
thoinpson -will inonroecounty -fl.gov
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail
with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.13 should include the updated Grant Manager inforination.
18. INSURANCE
A. Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee. This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement, whether such work is perfonned by the Grantee, any sub - grantee,
DEP Agreement No. SC724, Page 8 of 14
SCCW FY16 -17
or Grantee's contractors. Such insurance shall include the State of Florida, the Department, and
the State of Florida Board of Trustees of the Internal hnprovement Trust Fund, as Additional
Insureds for the entire length of the Agreement.
B. Coverage may be by private insurance or self - insurance. The Grantee shall provide documentation
of all required coverage to the Department's Grant Manager prior to perfonnance of any work
pursuant to this Agreement. All coiuinercial 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 Grant Manager. If the Grantee is self - funded for any
category of insurance, then the Grantee shall provide documentation that warrants and represents
that it is self - funded for said 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 for the entire length of
the Agreement.
C. During the life of this Agreement, the Grantee shall secure and maintain insurance coverages as
specified below. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement, unless such
sub grant or subcontractor employees are covered by the protection afforded by the Grantee.
Workers' Compensation Insurance is required for all employees connected with the work
of this project. Any 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 Agreement is not protected under Workers' Compensation
statutes, the Grantee shall provide proof of adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
ii. Coiuinercial General Liability insurance is required, including bodily injury and property
damage. The miniinurn limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence.
iii. Coiuinercial Automobile Liability insurance is required, 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 contractors. The miniinurn 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
iv. Other Insurance may be required if any work proceeds over or adjacent to water,
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. Questions concerning
required coverage should be directed to the U.S. Department of Labor
( http:// www. doLgov /owep /dihwc /lscontac.htm or to the parties' insurance carrier.
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 perfonnance of services required.
20. EQUIPMENT
DEP Agreement No. SC724, Page 9 of 14
SCCW FY16 -17
Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under
the terms and conditions of this Agreement. Attachment F, Property Reporting Form, is not applicable
and shall be intentionally excluded.
21. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee /subcontractor is considered a violation of Section
274A(e) of the hnrnigration and Nationality Act. If the Grantee /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.
22. QUALITY ASSURANCE REQUIREMENTS
All sampling and analyses performed under this Agreement will be conducted as part of the Grantee's
Department - mandated activities to maintain compliance with pennitting requirements, which already
conform with the requirements set forth in Chapter 62 -160, F.A.C., and the Quality Assurance
Requirements for Department Agreements. Quality Assurance Project Plans, if applicable, will be
submitted to the Department under permit conditions through the Grantee's permit application and/or
renewal process, if necessary.
23. DISCRIMINATION
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 perfonnance of this Agreement.
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 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 posts
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.
24. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
25. PHYSICAL ACCESS AND INSPECTION
As applicable, Department personnel shall be given access to and may observe and inspect work being
perfonned 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 pen inspection of any facility, equipment, practices, or operations required in
perfonnance of any work pursuant to this Agreement; and
DEP Agreement No. SC724, Page 10 of 14
SCCW FY16 -17
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.
26. PUBLIC RECORDS ACCESS:
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in
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(1)(a), 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:
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.
iii. 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 terra 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 perfonn the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion 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 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
1
unc
CD
W
W
E
— 2
DEP Agreement No. SC724, Page 11 of 14
SCCW FY16 -17
telephone at (850) 245 -2118, by email at
ombudsmana,dep. state.fl.us or at the mailing address below.
Department of Environment Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
27. PUBLIC ENTITY CRIME, TERMINATION FALSE CERTIFICATION, SCRUTINIZED
COMPANIES, BOYCOTTING:
A. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not perfonn 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, F.S, for Category Two, for a
period of thirty -six (36) months from the date of being placed on the convicted vendor list
(287.133, F.S.).
B. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in
Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135,
F.S., for applicable sub - agreements entered into for the performance of work under this
Agreement. Pursuant to Section 287.135, F.S., the Department may immediately tenninate this
Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted
a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any
applicable scrutinized companies list or engaged in prohibited contracting activity during the term
of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
these contracting prohibitions then they shall become inoperative.
28. EXECUTION IN COUNTERPARTS
This Agreement, and any Amendments or Change Orders thereto, 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 ".pdf' fonnat data file, such signature shall create a valid and binding obligation of the
party executing (or 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.
29. SEVERABILITY CLAUSE
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.
30. 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
DEP Agreement No. SC724, Page 12 of 14
SCCW FY16 -17
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SC724, Page 13 of 14
SCCW FY16 -17
1� vi i
IN WITNESS WHEREOF, the parties have caused this Agreement to he duly executed, the day and year
last written below.
[41 SO Z N 0:1 Z V.101 I
By:
Signature or Person Authorized to Sign
Print Name and Title of Authorized Person
V453BIRPENT hill E
In
Secretary or desiance
........ . .....
Print Name and Title of Authorized Person
Date:
Henry Garrigo, DEP Grant Manager
For Agreements with governmental boards/commissions: ir someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee
must accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Grant Work Plan Q Pages)
Attachment
B
Pad , ntvnt , Rou► st Summ
iiry Form t3 P tees 1
Attachment
C
Contrao Payment riquirellignts
Attachment
D
ProgfQss Report Form (I Page) . ...............
Attachment
F
SRv6al Audit Rec uirements Pageis
Attachment
E-
Property- Reporti n g Form ( I Page) A frachni en r hirentionaffi Excluded
DEP Agreement No. SC724, Page 14 of 14
SCM-1,Y105-17
ATTACHMENT A
GRANT WORK PLAN
PROJECT TITLE: Monroe County Small County Consolidated Solid Waste Management Grant
PROJECT AUTHORITY: Monroe County (Grantee) received funding from the Florida Legislature in the amount
of $90,909, through Specific Appropriation Line Item No. 1674, Solid Waste Management Trust Fund, Fiscal Year
(FY) 2016- 2017 General Appropriations Act. The Grantee meets the threshold for a small county (population under
110,000) and received this funding under the Small County Consolidated Grants program for the purpose of
subsidizing its solid waste management program. Authority for this Project is specified in Section 403.7095, Florida
Statutes (F.S.), and Chapter 62 -716, Florida Administrative Code (F.A.C). Monitoring and auditing guidelines, as
related to the Florida Single Audit Act, are specified in the Florida Catalog of State Financial Assistance (CSFA),
No. 37.012.
PROJECT LOCATION: Monroe County has three (3) transfer stations for household solid waste. The locations
are as follows: 740 Blimp Road, MM 21.5, Cudjoe Key, FL 33040; MM 68, US 1 (Gulf), Long Key, FL 33001; MM
100.3, 1180 State Road 905, Key Largo, FL 33037. The household solid waste will be collected from the three (3)
transfer stations located throughout Monroe County and then transported and disposed of at Wheelabrator South
waste to energy plant at 4400 FL. -7, Fort Lauderdale, Florida, 33314, Broward County.
PROJECT BACKGROUND: Monroe County, Florida has been declared by the Florida Department of
Environmental Protection, an area of critical concern. There are no open landfills in Monroe County. All solid
waste and recycling is hauled out of the County for disposal. This grant will be used to off -set a small portion of
Monroe County's haul -out costs. The Grantee needs this funding to help offset the cost for disposal because of its
small population and limited funding resources.
PROJECT DESCRIPTION: Household solid waste, recyclables and marine debris will be picked up at all three
(3) transfer stations by the County's Solid Waste Franchise contract with Waste Management, Inc. All material will
then be hauled out of Monroe County to Wheelabrator South, waste to energy facility in Fort Lauderdale, Florida.
The cost for proper haul -out and disposal for Monroe County solid waste is: Recycling $75.08 /ton, Residential
$87.15 /ton, Commercial $87.52 /ton. This is part of the County's Solid Waste Franchise contract with Waste
Management, Inc.
Additional Narrative: The Grantee's solid waste collection and transportation needs occur on an on -going basis
year- round, and as such the Grantee's operations are budgeted on an annual basis. The annual budget prepared by
the Grantee exceeds the grant award amount, and it is understood that any project costs exceeding the grant funding
awarded for allowable costs under this Agreement remain the sole responsibility of the Grantee
TASKS and DELIVERABLES:
Task #1: Solid Waste Management Haul -Out Operations
Task Description: The Grantee is responsible for the collection of solid waste from its drop -off sites and eligible
residents and businesses throughout Monroe County. The collected waste is transported to the Grantee's Transfer
Stations, where it is weighed, handled and sorted. The waste is then transported out of Monroe County for proper
disposal. The cost for proper haul -out and disposal for Monroe County solid waste is: Recycling $75.08 /ton,
Residential $87.15 /ton, Coinrnercial $87.52 /ton. No salaries, fringe benefits or travel will be paid from this grant.
This is part of the County's Solid Waste Franchise contract with Waste Management, Inc. Any costs exceeding the
grant funding are the responsibility of the Grantee.
Deliverable(s): Completion of the task as evidenced by submittal of all the following supporting documentation.
The Grantee will submit copies of the paid invoices and checks. The invoices, provided by the landfill, will provide
a waste description, and list and summarize the load weights and their cost. Additionally, the Grantee will provide
tonnage suriunaries, using either the Tonnage Summary Report, provided by the Department as Exhibit 1 of this
Grant Work Plan or comparable documentation. All deliverables may be submitted electronically.
DEP Agreement No. SC724, Attachment A, Page 1 of 3
SCCw 16 -17
Performance Standard: The Department's Grant Manager will review each deliverable to verify that it meets the
specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the
Department's Grant Manager of required deliverable(s) under this task, the Grantee may proceed with payment
request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement quarterly.
Payment requests shall be submitted within thirty (30) calendar days following completion of the quarter. The
outlined Deliverable(s) must have been submitted and accepted in writing by the Department's Grant Manager prior
to payment request submittal.
Budget: Allowable costs for this task are not to exceed $90,909.00 for solid waste transportation and disposal on
behalf of the Grantee (Contractual Services).
PROJECT TIMELINE: The tasks must be completed by the end of each task timeline and all deliverables must
be received by the designated due date.
Task
Task Title
Task Start
Task End
Deliverable Due. Date/ Frequency
No
Total for Task:
Date
Date
Quarterly, within thirty (30) calendar
Solid Waste Management Haul-
1
10/1/2016
9/30/2017
days of the end of each quarter and
Out Operations
prior to each payment request.
BUDGET DETAIL BY TASK:
Task No.
Budget Category
Budget Amount
1
Contractual Services (Subcontractor)
$90,909.00
Total for Task:
$90,909.00
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below.
Category Totals
Grant Funding, Not to Exceed,
Contractual Services Total
$90,909.00
Total:
$90,909.00
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SC724, Attachment A, Page 2 of 3
SCCW 16 -17
Exhibit I
Tonnage Summary Report
Grantee may submit one (1) report for all disposals completed during the quarter. Complete a claim number for
each disposal completed during the quarter. Attach additional pages, if necessary. Include copies of provider
invoices and proof of payment for each claim. Comparable documentation may be submitted in lieu of of this report.
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1, Click I tere to citter text,, certify that the infon in this report is true and accurate, and that the disposal
operations have been completed in accordance with the teens and condition of DEP Agreement No. SC724
and as described in Attachment A, Grant Work Plan, of the Agreement.
Grantee's Grant Manager Name and Title:
Date:
Grantee's Grant Manager Signature:
DEP Agreement No. SC724, Attachment A, Page 3 of 3
SCCW 16-17
FACILITY OR
TIPPING FEE
MATERIAL
DISPOSED (TONS)
FEE PER TON
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TOTAL
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1, Click I tere to citter text,, certify that the infon in this report is true and accurate, and that the disposal
operations have been completed in accordance with the teens and condition of DEP Agreement No. SC724
and as described in Attachment A, Grant Work Plan, of the Agreement.
Grantee's Grant Manager Name and Title:
Date:
Grantee's Grant Manager Signature:
DEP Agreement No. SC724, Attachment A, Page 3 of 3
SCCW 16-17
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: SC724
Agreement Effective Dates
Grantee: Monroe County Grantee's Grant Manager
Mailing Address: 1100 Simonton St., Key West, FL 33040
Payment Request No.
Performance Period (Start date End date):
Task/Deliverable No(s).
10/1/2016 - 9/30/2017
Will Thompson
Date of Payment Request:
Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
Travel
AMOUNT OF
TOTAL
MATCHING
TOTAL
CATEGORY OF EXPENDITURE
THIS REQUEST
CUMULATIVE
FUNDS FOR
CUMULATIVE
Rental/Lease of Equipment
$
PAYMENT
THIS REQUEST
MATCHING
Miscellaneous /Other Expenses
$
REQUESTS
$N /A
FUNDS
Salaries/Wages
$
$
$N /A
$N /A
Fringe Benefits
$
$
$N /A
$N /A
Contractual Services
$
$
$N /A
$N /A
Travel
$
$
$N /A
$N /A
Equipment (Direct Purchases)
$
$
$N /A
$N /A
Rental/Lease of Equipment
$
$
$N /A
$N /A
Miscellaneous /Other Expenses
$
$
$N /A
$N /A
Land Acquisition
$
$
$N /A
$N /A
TOTAL AMOUNT
$
$
$N /A
$N /A
TOTAL TASKIDELIVERABLE $ $N /A
BUDGET AMOUNT
Less Total Cumulative Payment $ $N /A
Requests of:
TOTAL REMAINING IN TASK $ $N /A
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the
above cited grant activities.
DEP Agreement No. SC724, Attachment B, Page 1 of 5
SCCW 16 -17
Grantee's Certification of Payment Request
I ,
(Print name of Grantee's Grant Manager designated in the Agreement)
, on behalf of
do hereby certify for
(Print name of Grantee /Recipient)
DEP Agreement No.
and Payment Request No.
that:
El The disbursement amount requested is for allowable costs for the project described in Attachment A of
the Agreement.
El All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other appropriate
documentation as required in the Agreement.
El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the
project; and the Grantee is not in default of any terms or provisions of the contracts.
Check all that apply:
❑ All permits and approvals required for the construction, which is underway, have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and
permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request, and
such certifications are included:
Professional Service Provider (Name / License No.) Period of Service (mm /dd /yy — mm /dd /yy)
Grantee's Grant Manager's Signature
Print Name
Grantee's Fiscal Agent
Print Name
DEP Agreement No. SC724, Attachment B, Page 2 of 5
SCCW 16 -17
Telephone Number
Telephone Number
DEP Agreement No. SC724, Attachment B, Page 3 of 5
SCCW 16 -17
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the
task /deliverable that the request is for (this must be within the timeline shown for the task /deliverable in the
Agreement).
TASKIDELIVERABLE NO.: This is the number of the task /deliverable that you are requesting payment for and /or
claiming match for (must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK /DELIVERABLE B UDGETAMO UNT" line for the "AMOUNT OF THIS REQUEST' column.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET
AMOUNT" line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL
CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS
OF" from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK'
line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request (this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the column total on the "TOTALS' line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN Enter the amount to be claimed as match for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently
approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget
amount on the "TOTAL TASK BUDGET AMOUNT" line for this column. Enter the total cumulative amount of this
and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct
the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL TASK BUDGET AMOUNT" for the amount to
enter on the "TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN Enter the cumulative amount you have claimed to
date for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report
should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded
areas.
GRANTEE'S CERTIFICATION Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP Agreement No. SC724, Attachment B, Page 4 of 5
SCCW 16 -17
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP Agreement No. SC724, Attachment B, Page 5 of 5
SCCW 16 -17
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.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: 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.
(2) Fringe Benefits: 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.
(3) Travel: 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.
(4) Other direct costs: 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.
(5) In -house charges: 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.
For contracts between state agencies, and for contracts between universities, alternative documentation may be
submitted to substantiate the reimbursement request. This may be in the foram of FLAIR reports or other similarly
detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http:// www. fldfs .com/aadir /referenceguide.htm
DEP Agreement No. SC724, Attachment C, Page 1 of 1
SCCW 16 -17
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
SC724
Grantee Name:
Monroe County Board of County Commissioners
Grantee Address:
1100 Simonton St., Key West, FL 33040
Grantee's Grant Manager:
Will Thompson
Telephone No.:
305- 292 -4432
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
SC724 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
Date
Print Name and Title
DEP Agreement No. SC724, Attachment D, Page 1 of 1
SCCW 16 -17
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may he referred to
as the 'Department ", 'DEP ", "EDEP" or "Grantor ", or other name in the contract /agreement) to the recipient
(which may he referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject
to audits and /or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised, 2 CFR Part 200,
Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not
be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised,
and 2 CFR Part 200, Subpart F, and /or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection detennines 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 defined in OMB
Circular A -133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) or more in Federal awards in its fiscal year, the recipient must have a single or prograin- specific
audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment 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 detennination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised, and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements
of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised, and 2 CFR Part 200, Subpart F.
If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F 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).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at www.cfda. v
DEP Agreement No. SC724, Attachment E, Page 1 of 5
SCCW FY16 -17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
detennining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the recipient expends less than $750,000 in state financial assistance in 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 $750,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https: / /apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www.leg.state.fl.us /Welcome /index.efin State of Florida's website at
http://www.iii Department of Financial Services' Website at http: / /www.fldfs.coli and the
Auditor General's Website at http : / /www.myflorida.com/audgen/
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck 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
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required
by Section .320 (d), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directly to each of the following:
DEP Agreement No. SC724, Attachment E, Page 2 of 5
SCCW FY16 -17
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit (d'Aep. state. fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised, and 2 CFR
§200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133,
as revised, and 2 CFR §200.501(a) 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
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http: / /harvester.census.gov /facweb/
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised, and 2 CFR §200.512.
Pursuant to Section .320(f), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit (d'Aep. state. fl.us
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
DEP Agreement No. SC724, Attachment E, Page 3 of 5
SCCW FY16 -17
Electronically:
FDEPSingleAudit (d'Aep. state. fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit (d'Aep. state. fl.us
Any reports, management letters, or other inforination 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, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as
applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, as revised and 2 CFR Part 200, Subpart F, 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 Agreement No. SC724, Attachment E, Page 4 of 5
SCCW FY16 -17
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State
Program
State
CSFA
or
Appropriation
Number
Funding Source
Fiscal Year
Number
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State
Program
State
CSFA
or
Appropriation
Number
Funding Source
Fiscal Year
Number
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
CSFA Title
State
Program
State
CSFA
or
Appropriation
Number
Funding Source
Fiscal Year
Number
Funding Source Description
Funding Amount
Category
General Appropriations Act
(GAA), Line Item 1674,
Grants and Aids to Local
Original
Governments and Nonstate
Agreement
Entities — Fixed Capital
2016 -2017
37.012
Small County Consolidated Grants
$90,909
140134
Outlay, Solid Waste
Management from Solid
Waste Management Trust
Fund
Total Award $90,909
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.efda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [ https: // apps .fldfs.com /fsaa/searchCatalo .ag spxl The services /purposes for
which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. SC724, Attachment E, Page 5 of 5
SCCW FY16 -17