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Item C11' CM ounty of onroe BOARD OF COUNTY COMMISSIONERS  Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting September 21, 2016 Agenda Item Number: C.11  Agenda Item Summary #2021 BULK ITEM: DEPARTMENT: Yes Solid Waste TIME APPROXIMATE:STAFF CONTACT: Will Thompson (305) 292-4432 no AGENDA ITEM WORDING: Approval of a Resolution authorizing the execution of the Consolidated Small County Solid Waste Management Grant Agreement with the Florida Department of Environmental Protection, (FDEP) for the Fiscal Year 2016/2017. ITEM BACKGROUND: For over a decade Monroe County has applied for and received funds from this Grant. The Grant award depends on what is budgeted by the State Legislature, and how many small Counties apply. For fiscal year 2016/2017, the award is $90,909.00 PREVIOUS RELEVANT BOCC ACTION: Accepted CONTRACT/AGREEMENT CHANGES: 2016/2017 FDEP Grant STAFF RECOMMENDATION: Approval DOCUMENTATION: complete resolution FINANCIAL IMPACT: Effective Date: October 1, 2016 Expiration Date: September 31, 2017 Total Dollar Value of Contract: $90,909.00 Total Cost to County: $0 Current Year Portion: Budgeted: Source of Funds: FDEP CPI: No 4EGOIX4K ' Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No If yes, amount: Grant: Yes County Match : N/A Insurance Required: No Additional Details: N/A REVIEWED BY: Will Thompson Completed 08/26/2016 1:33 PM Christine Limbert Completed 08/31/2016 10:00 AM Budget and Finance Completed 08/31/2016 10:56 AM Maria Slavik Completed 08/31/2016 11:30 AM Kathy Peters Completed 08/31/2016 7:43 PM Board of County Commissioners Pending 09/21/2016 9:00 AM 4EGOIX4K %XXEGLQIRXGSQTPIXIVIWSPYXMSR %GGITX*()47QEPP'SYRX]7SPMH;EWXI+VERX 'E 2015-2016SMALL COUNTY CONSOLIDATED GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095(3), FLORIDA STATUTES PART I -GRANT NOTIFICATION INFORMATION 1.Grant Agreement Number: SC6242.Date of Award:July 12, 2016 3.Grant Title: SMALL COUNTY CONSOLIDATED SOLID WASTE GRANT 4.Grant Period: October 1, 2015-September 30, 2016, unless completed earlier in accordance with PART II, paragraph 2. 5.Grant Amount: $ 90,909 6.CSFA # and Project Name: 37.012-Small County Consolidated Grants 7.Grantee(s): MonroeCounty Address:MonroeCounty Board of County Commissioners 1100 Simonton Sreet Room 2-231 Key West, Florida 32040 8.Grantee Fiscal Year End: September 30, 2016 9.Federal Employer Identification Number: 59-6000749 10.Grantee’s Authorized Representative: Name:Heather Carruthers Title:Mayor Address:1100 Simonton Sreet Room 2-231 Key West, Florida 32040 Phone:(305)292-4432 Email:Thompson-will@monroecounty-fl.gov If there is a change in the authorized representative during the Grant period, the Grantee must notify the Department in writingand provide appropriate documentation. 11.Grantee’s Grant Manager: Name:Will Thompson Title:Solid Waste Director Address:1100 Simonton Sreet Room 2-231 Key West, Florida 32040 Phone:(305) 292-4432 Email:Thompson-will@monroecounty-fl.gov Any changes to the contact information shown above must be provided inwriting to the Department’s Grant Manageridentified in paragraph 13. DEP Agreement No. SC624 Page 1of 13 4EGOIX4K 'E 12.Total county population from official April 1, 2014population estimates: 74,044 13.Issuing Office/Department’s Grant Manager: Mr. Henry Garrigo,Grant Manager Florida Department of Environmental Protection Waste Reduction Program(MS 4555) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8822 Email:Henry.Garrigo@dep.state.fl.us Any changes to the contact information shown above must be provided inwriting to the Grantee’s Grant Manageridentified in paragraph 11, above. PART II –GRANT CONDITIONS 1.COMPENSATION: A.As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Granteeon a cost reimbursement basis in an amount not to exceed $90,909 for all eligible direct project costs, upon the completion, submittal and approval of deliverables Attachment A,Grant Work Plan. identified in To be eligiblefor reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Department of Financial Services Reference Guide for State Expenditures available at http://www.fldfs.com/aadir/reference%5Fguide. B.Prior written approval from the Department’s Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single task that are less than 10% of the total approved task budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved task budget amount, or changes that transfer funds from one task to another task, or changes that increase or decrease the project’s total funding amount will require a formal Amendment to the Agreement. 2.PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain in effect until September 30, 2016, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after October 1, 2015 until funds are fully expended or September 30, 2016, whichever occurs first. 3.NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person, to the individuals identified in PART I, paragraphs 10, 11, and 13. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 4.INVOICING REQUIREMENTS: Attachment BPayment Request SummaryForm A.The Grantee, using ,, shall submit reimbursement requests upon the completion, submittaland approvalof each deliverable identified Attachment A in , in accordance with the schedule therein.The Grantee may submit invoicesno less frequentlythan quarterly and no more frequently than monthly.Invoices shall be submitted within thirty days following the completion of the invoice period. The Grantee shall submit a final invoice to the Department no later than October 31, 2016, to assure the availability of funds for final payment.An original of the Reimbursement Request Form, with summaries and appropriate contracts attachedmust be submitted.Reimbursement Request Forms must be signed by the designated authorized representativeidentified in Part I, Paragraph 10. DEP Agreement No. SC624 Page 2of 13 4EGOIX4K 'E B.As an attachment to the PaymentRequest Summary Form, the Grantee must provide from its accounting system a listing of expenditures made under this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction(check date), voucher number(if available), check number, amount paid, and vendor nameand must be broken Attachment down by task.The Grantee shall comply with the minimum requirements set forth in C, Contract Payment Requirements .Authorized travel expenses are included in the amount of this Agreementand no additional travel expenses above those included in the allowable items described in Attachment Awill be authorizedwithout written approval from FDEP Grant Manager. Any requests for reimbursement of authorized travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. Attachment D, Progress Report Form C.The Grantee shall utilize , to describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Reportsshall be submitted to the Department’s Grant Manager no later than thirty (30) calendar days following the completion of the invoice period described under Part II, Paragraph 4.A (no more frequentlythan monthly and no less frequently than quarterly).It is hereby understood and agreed by the parties that the term“monthly” shall reflect the calendar months and the term “quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the Grantee. D.The Grantee shall submit a final Payment Request Package, marking the submittalas the final request pursuant to this Agreement, to the Department no later than October 31, 2016, to assure the availability of funds for final payment. After the Department receives the final Payment Request Package, no additional Requests for Payment will be authorized. 5.PROOF OF PAYMENT: In addition to the requirements in the paragraph above, the Department may periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Grant Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30)calendar days of such request. As described in paragraph 6.B below, the Department shall not reimburse the Grantee for indirect, overhead or general and administrative costs (excludingfringe benefits)under this Agreement.All bills for amounts due under this Grant Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereofand must be in compliance with the laws, rules and regulations applicable to expenditures of state funds.State guidelines for allowable costs can be found in the Department of Financial Services’ . Reference Guide for State Expendituresat http://www.myfloridacfo.com/aadir/reference_guide/ 6.EXPENDITURES: A.Allowable costs for reimbursement under this Agreement include: i.Solid waste management program operating costs; ii.Purchasing or repairing solid waste scales; iii.Planning; iv.Constructionand maintenance of solid waste facilities; v.Recycling and education programs, which may include solid waste management education for employees or the public and recycling demonstration projects; vi.Litter prevention and control;and vii.Waste tire collection and disposal. DEP Agreement No. SC624 Page 3of 13 4EGOIX4K 'E B.Prohibitedcosts for reimbursement under this Agreementinclude: i.Cell phone expenditures; ii.Indirect, overhead or administrative costs(excludingfringe benefits) iii.Promotional items such as T-shirts and other items promoting the program; iv.Vehicles, unless authorized by this Agreement or an executed amendment to this Agreement; v.Handling feessuch as set percent overages associated with purchasing supplies or equipment; vi.Civil or administrative penalties; vii.Attorney fees or court costs; and viii.Any interest in real property. ix.Grantee recognizes that Department is an agency of the State of Florida, which by virtue of its sovereignty is not required to pay any taxes on services or goods purchased under this Agreement. Departmentdoes not pay Federal excise or sales taxes on direct purchases of tangible personal property. Department will not pay for any personal property taxes levied on Grantee orfor any taxes levied on employee’s wages. Attachment A C.Specific costs authorized for this Agreement are identified in . D.For payment to subcontractorsthe following applies:Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. Additionally, independent of the Grantee’s contract obligations to the subcontractor, the Department shall not reimburse any of the chargesenumerated in paragraph 6.B above.If such costs are charged by a Contractor, the Grantee shall be responsible for paying them from sources other than this Grant. E.For fixed price/rate(vendor) subcontracts, the following provisions shall apply: i.The Grantee may award, on a competitive basis, fixed price/ratesubcontracts to Attachment A consultants/contractors in performing the work described in . Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price/ratesubcontract. ii.The Grantee may request approval from the Department to award a fixed price/rate subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price/ratenegotiated 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/rateamount, the Grantee may proceed in finalizing the fixed price/ratesubcontract. iii.All subcontracts are subject to the provisions of this Agreement. DEP Agreement No. SC624 Page 4of 13 4EGOIX4K 'E 7.PROHIBITION AGAINST COMMINGLING OF FUNDS: A.The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-programor 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. B.If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Departmentby the Grantee to the date repayment is made by the Grantee to the Department. C.In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 8.DOCUMENT RETENTIONAND AUDIT: A.The Granteeshall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes duringthe term of this Agreement and for five (5) years following Agreement completion. The Grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this Grant Agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code.In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B.The Grantee understands its duty, pursuant to Section 20.055(5),Florida Statutes, to cooperate with the Department’s Inspector General in any investigation, audit, inspection, review, or hearing.The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, onits subcontractors. 9.SPECIAL AUDITREQUIREMENTS: A.In addition to the requirements of the preceding paragraph, the Grantee shall comply with the Attachment E,Special Audit Requirements applicable provisions contained in , attached hereto Exhibit 1Attachment E and made a part hereof.to summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment EExhibit 1 . A revised copy of must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1 , the Grantee shall notify the Department’s Grant Manager to request a copy of the updated information. DEP Agreement No. SC624 Page 5of 13 4EGOIX4K 'E 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 Attachment E, Exhibit consider the type of financial assistance (federal and/or state) identified in 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section ___.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance withquestions pertaining to the applicability of these requirements. 10.TERMINATION: A.The Department has the right to terminate a Grant award and demand refund of Grant funds for non- compliance with the terms of the award;Section 403.7095, Florida Statutes;or the Solid Waste Grants, Annual Reports, and RecyclingRule, Chapter 62-716, Florida Administrative Code. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the Grant award. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B.The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 11.FINANCIAL CONSEQUENCES FOR UNSATISFACTORY PERFORMANCE: No payment willbe made for unsatisfactory deliverables. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. A.A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposalto submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department’s termination of this Agreement for cause as authorized in this Agreement. B.Upon the Department’s notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department orsteps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. DEP Agreement No. SC624 Page 6of 13 4EGOIX4K 'E C.Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 12.PERMITS: The Grantee shall obtain all necessary federal, state and local permits before initiating construction. 13.ANNUAL APPROPRIATION:The State of Florida's performance and obligation to pay under this Grant Agreement is contingent upon an annual appropriation by the Legislature.The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorizationforcontinuation andcompletion of workandpaymentassociatedtherewithmayberescinded withpropernoticeatthediscretionof the DepartmentifLegislativeappropriationsarereduced or eliminated. 14.PUBLIC RECORDS: A.Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or received in conjunction with this Agreement are public records under Florida law, as defined in Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the Department to perform the services under this Agreement. B.This Agreement may be unilaterally canceled by the Department for refusal by the Granteeto 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: i.Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Grantee of the request, and the Grantee must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Grantee fails to provide the public records to the Department within a reasonable time, the Grantee may be subject to penalties under s. 119.10, F.S. ii.Upon request from the Department’s custodian of public records, Grantee shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 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 DEP Agreement No. SC624 Page 7of 13 4EGOIX4K 'E 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. IF THE GRANTEE HAS QUESTIONS REGARDING THE D. 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 or at the mailing address below: ombudsman@dep.state.fl.us, Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Blvd, Mail Slot 49 Tallahassee, FL 32399 15.PROHIBITION FROM LOBBYING:Pursuant to Section 216.347, Florida Statutes, the Grantee is prohibited from using Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a State Agency. Further, in accordance with Section 11.062, Florida Statutes, no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi- judicial department shall be used by any state employee or other person for lobbying purposes. 16.WORKER’S COMPENSATION INSURANCE:To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance programor insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Grant Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, andcause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17.LIABILITY INSURANCE: A.The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain,Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual’s claim and $300,000 occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors.Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. B.The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors.Such insurance shall include the State of Florida, the DEP Agreement No. SC624 Page 8of 13 4EGOIX4K 'E 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. Theminimum limits of liability shall be as follows: $300,000Automobile Liability Combined Single Limit for Company-Owned Vehicles, if applicable $300,000Hired and Non-owned Automobile Liability Coverage C.If any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman’s and Harbormaster’s, or the inclusion of any applicable rider to worker’s compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance Attachment A, Grant Work Plan. of the work specified in Questions concerning required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties’ insurance carriers. D.All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days written notice (with the exception of non-payment of premium which requires a 10-calendar-day notice) to the Department's Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or Attachment A, Grant Work Plan. subcontract issued for the performance of the work specified in 18.INDEMNIFICATION:Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 19.CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest, which would conflict in any manner or degree with the performance of services required. 20.EQUIPMENT:Reimbursement for equipment or vehicle purchases costing $1,000 or more is not authorized under the terms and conditions of this GrantAgreement. 21.SUBCONTRACTING: A.The Grantee may subcontract work under thisAgreement without the prior written consent of the Department's Grant Manager, subject to the limitations established in paragraph 6. above. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B.The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.See the following website for assistance: http://www.dms.myflorida.com/other_programs/office_of_supplier_diversity_osd DEP Agreement No. SC624 Page 9of 13 4EGOIX4K 'E 22.NONDISCRIMINATION: A.No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement.[287.134, Florida Statutes] B.An entity or affiliate who has been placed on the discriminatory vendor listpursuant 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 nottransact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850)487-0915. 23.PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a Grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for Category Two, for a period of thirty-six (36)months from the date of being placed on the convicted vendor list. [287.133, Florida Statutes] 24.HEALTH AND SAFETY REQUIREMENTS: The Grantee shall comply with all applicable federal, state and local rules and regulations in conducting the project funded under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to,compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Grant Agreement. 25.CHANGE ORDERS: The Department may at any time, by written order designated to be a change order, make any change in the contact information identified in Part I of this Agreement. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee’s cost or time, shall require formal amendment to this Agreement. 26.NO ACQUISITION OF REAL PROPERTY: Theacquisitionof real property or any interestin real property is not allowed under the terms of this Agreement. 27.PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A.Pursuant to Section 255.0991, Florida Statutes, for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i.The contractor’s maintaining an office or place of business within a particular local jurisdiction; ii.The contractor’s hiring employees or subcontractors from within a particular local jurisdiction; or iii.The contractor’s prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B.For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the DEP Agreement No. SC624 Page 10of 13 4EGOIX4K 'E solicitation documentthat any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 28.UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee or its contractors (“subcontractors” under this agreement) is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee or a subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizationsissued as a result of this Agreement. 29.PHYSICAL ACCESS AND INSPECTION: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A.Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B.Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C.Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuantto this Agreement. 30.SEVERABILITY:This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31.MODIFICATIONS REQUIRED BY LAW: The Department reserves the right to revise this Agreement to include additional language required by federal agency(ies) or other sources awarding funding to Department in support of this Agreement; or to include changes necessitated by Department rule changes. 32.ATTORNEY’S FEES: In the event of any legal action to enforce the terms of this Agreement, each party shall bear its own attorney’s fees and costs. 33.HEADINGS: The headings contained herein are for convenienceonly and do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. 34.EXECUTION IN COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".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. 35.ENTIRE AGREEMENT: This Agreement represents the entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. SC624 Page 11of 13 4EGOIX4K 'E REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SC624 Page 12of 13 4EGOIX4K 'E PART III - OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the County of Monroefor all allowable costs incurred up to and not exceeding $90,909. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: ________________________________________________________ Secretary or designeeDate _____________________________________ Print Name and Title Approved as to form and legality: DEP Attorney In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that they areduly authorized to act on behalf of the recipient county, and (2) the Grantee does hereby agree to perform in accordance AttachmentAGrant Work Plan with the terms and conditions set forth in this Agreement, ,, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: ________________________________________________________ Signature of Authorized RepresentativeDate Name Chairman, Board of County Commissioners Please return to: Department of Environmental Protection Division of Waste Management - M.S. #4550 2600 Blair Stone Road Tallahassee, Florida 32399-2400 List of attachments/exhibits included as part of this Agreement: SpecifyLetter/ Type NumberDescription (include number of pages) AttachmentA Grant Work Plan (3 Pages) Attachment B PaymentRequest SummaryForm and Instructions (3 Pages) AttachmentC Contract Payment Requirements (1 Page) AttachmentD Progress Report Form (1 Page) AttachmentE Special Audit Requirements (5 Pages) DEP Agreement No. SC624 Page 13of 13 4EGOIX4K 'E   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 No1693, Solid Waste Management Trust Fund, Fiscal Year (FY) 2015- 2016, General Appropriations Act. The Grantee meets the threshold for a small county (population under 100,000) and received this funding under the Small County Consolidated Grants program for the purpose of subsidizing its solid waste management program cost. Authority for this Project is specified in Section 403.7095 Florida Statutes, and Chapter 62-716, Florida Administrative Code. 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 Cudjoe Key Transfer Station, located at 740 Blimp Road, MM 21.5, Cudjoe Key, FL 33040; the Long Key Transfer Station, located at MM 68, US 1 (Gulf), Long Key, FL 33001; and, the Key Largo Transfer Station, 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 Broward, an energy-from-waste facility, located at 4400 South State Road 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. Funds provided through this Agreement will allow the Grantee to off-set a small portion of the haul-out costs associated with its solid waste program operations. The Grantee needs this funding to help off-set these costs because of its small population and limited funding resources. PROJECT DESCRIPTION: The Grantee has an existing, competitively procured contract for the collection of household solid waste, recyclables and marine debris, provided by four (4) private franchise operators (Waste Management, Inc., each serving a specific area of the county. three (3) transfer stations, where materials are prepared for transportation and disposal at the Wheelabrator South Broward facility, located in Fort Lauderdale, Florida, Broward County. Waste Management, Inc., the cost for proper haul-out and disposal for Monroe County solid waste is: Recycling $75.08 per ton, Residential $87.15 per ton, and Commercial $87.52 ton. All grant funds will be used to reimburse the fees for proper haul-out and disposal. TASKS and DELIVERABLES: Task 1: Solid Waste Management Haul-Out Operations Task Description: The Grantee has an existing contract with Waste Management, Inc. to have four (4) private franchise operators collect and transportall solid waste, marine debris and recyclables transfer stations. All collected materials are then prepared for transportation and proper disposal at the Wheelabrator South Broward facility, located in Fort Lauderdale, Florida, Broward County. The costs for proper haul-out and disposal for Monroe County will not exceed the established rates of: $75.08 per ton for Recycling, $87.15 per ton for Residential, and $87.52 per ton for Commercial. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement quarterly. Payment requests shall be submitted within thirty (30) days following completion of the quarter. The outlined payment request submittal. Deliverables: Number of tons collected and haul-out of transfer stations. The Grantee will submit copies of the following: 1) an event report that includes the tonnage, date, and location, the types and amounts of waste collected, copy of invoices and checks for the contracted services, due no later than thirty (30) days after completion; 2) All deliver DEP Agreement No. SC624, Attachment A, Page 1 of 3  4EGOIX4K 'E   Performance Measure: each deliverable to verify that it meets the specifications in the Grant Work Plan and this task description. Upon review and written acceptance or approval by submittal. Budget: Allowable costs are not to exceed $90,909.00 for haul- 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 Deliverable Due Date/ No. Task Title Task Start Date Task End Date Frequency Quarterly, within thirty Solid Waste Management Haul-(30) days of the end of 1 10/1/2015 9/30/2016 Out Operations each quarter and prior to each payment request.  BUDGET DETAIL BY TASK: Task No. Budget Category Budget Amount Contractual Services $90,909.00 1 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  DEP Agreement No. SC624, Attachment A, Page 2 of 3  4EGOIX4K 'E   Written authorization for Payment Request Submittal {May be sent via e-mail} [Date] Subject: Grant No. {Agreement #}; {Project Title} Deliverable(s) Review I am in receipt of the tip fee report dated _______, received on _______ for Task xx under Grant No. SC624, have completed my review, and find this/these deliverable(s) acceptable. Monroe County may proceed with payment request submittal for Task 1 costs associated with this/these deliverable(s). This written acceptance should be included with the payment request submittal for these deliverables. {If you find deficiencies in submitted deliverables} I am in receipt of the tip fee report dated _______, received on _______ for Task xx under Grant No. SC624, have completed my review, and find the following items that require correction before payment request submittal is allowed for work associated with this/these deliverable(s). {Describe items requiring correction; bullets or narrative} Please submit the corrected items to me within {#} days {revise as needed}.  DEP Agreement No. SC624, Attachment A, Page 3 of 3  4EGOIX4K 'E 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 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: http://www.fldfs.com/aadir/reference_guide.htm       DEP 55-219 (05/2008) DEP Agreement No. SC624, Attachment C, Page 1 of 1  4EGOIX4K 'E ATTACHMENT B PAYMENT REQUEST SUMMARY FORM DEP Agreement No.: _______________ Agreement Effective Dates: _______________________ Grantee: ________________________________ Mailing Address: ___________________________________________________________________ Payment Request No. ______________________ Date of Payment Request: __________________ Performance Period (): _______________________________________________ Start date End date Task/Deliverable No(s). _______________ Task/Deliverable Amount Requested: $______________ GRANT EXPENDITURES SUMMARY SECTION _____________________________________________ [Effective Date of Grant through End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE PAYMENT THIS REQUEST MATCHING REQUESTS FUNDS Salaries/Wages $ $ $$ Overhead/Indirect/G&A Costs $ $ $ $ Fringe Benefits $ $ $$ Indirect Cost $ $ $ $ Contractual (Subcontractors) $ $ $ $ Travel (if authorized) $ $ $$ Equipment Purchases (if authorized) $$$$ Rental/Lease of Equipment $ $ $ $ Other Expenses $ $ $$ Land (if authorized) $ $ $$ TOTAL AMOUNT $ $ $$ TOTAL TASK/DELIVERABLE $ $ BUDGET AMOUNT LessTotal Cumulative Payment $ $ Requests of: TOTAL REMAINING IN TASK $ $ GRANTEE CERTIFICATION Complete 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 55-223 (11/15) DEP Agreement No. SC624, Attachment B, Page 1 of 4 4EGOIX4K 'E Certification of Payment Request I, _______________________________________________________________________________ , (Print name of Grant Manager designated in the Agreement) on behalf of _____________________________________________________ , do hereby certify that: (Print name of Grantee/Recipient) 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. 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 Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP 55-223 (11/15) DEP Agreement No. SC624, Attachment B, Page 2 of 4 4EGOIX4K 'E 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: 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 TOTAL TASK/DELIVERABLE BUDGET AMOUNT OF THIS REQUEST GRANT EXPENDITURES SUMMARY SECTION: : 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 TOTAL AMOUNT of the task TOTAL TASK BUDGET and AMOUNT LESS TOTAL CUMULATIVE PAYMENT REQUESTS OFLESS TOTAL CUMULATIVE PAYMENT REQUESTS OFTOTAL TASK BUDGET AMOUNTTOTAL REMAINING IN TASK line. PAYMENT REQUESTS: 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 Do not enter anything in the shaded areas. you are reporting on)TOTALS : 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 TOTAL AMOUNT TOTAL TASK BUDGET AMOUNT LESS TOTAL CUMULATIVE PAYMENTS OF LESS TOTAL CUMULATIVE PAYMENTS OFTOTAL TASK BUDGET AMOUNT TOTAL REMAINING IN TASK : 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 Do not enter anything in the shaded should show the total of all claims, first claim through the final claim, etc. areas. GRANTEE CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers Must be signed by that certifiedwork or services completed during the period included in the request for payment. NOTES : DEP 55-223 (11/15) DEP Agreement No. SC624, Attachment B, Page 3 of 4 4EGOIX4K 'E 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 55-223 (11/15) DEP Agreement No. SC624, Attachment B, Page 4 of 4 4EGOIX4K 'E ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: SC624 Grantee Name: Monroe County Grantee Address: 1100 Simonton Street Room 2-2131 Key West, Florida 33040 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. SC624 and accurately reflects the activities associated with the project. Date DEP Agreement No. SC624, Attachment D, Page 1 of 1 4EGOIX4K 'E 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 and Section 215.97, F.S., as -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 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 A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, 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. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via http://12.46.245.173/cfda/cfda.html. the internet at DEP 55-215 (06/14) DEP Agreement No. SC624, Attachment E, Page 1 of 5 4EGOIX4K 'E PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 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 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. 3. If the recipient expends less than $500,000 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 $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-s ained 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 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.cfm, ebsite at http://www.myflorida.com/ at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are 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 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (06/14) DEP Agreement No. SC624, Attachment E, Page 2 of 5 4EGOIX4K 'E 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@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 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 submittewhich can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at 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@dep.state.fl.us 3. 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 Electronically: FDEPSingleAudit@dep.state.fl.us DEP 55-215 (06/14) DEP Agreement No. SC624, Attachment E, Page 3 of 5 4EGOIX4K 'E B. address: State of Florida Auditor General Room 401, Claude Pepper Building 111 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@dep.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, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a 5 period of 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, 3 or its designee, Chief Financial Officer, or Auditor General upon request for a period of years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (06/14) DEP Agreement No. SC624, Attachment E, Page 4 of 5 4EGOIX4K 'E 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 State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement 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, Original Line Item 1693, Solid 2015-2016 37.012 Small County Consolidated Grants $90,909 140134 Agreement 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) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. 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 55-215 (06/14) DEP Agreement No. SC624, Attachment E, Page 5 of 5 4EGOIX4K