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Item C18 , BOARD OF COUrt"tf COMMlSSIOIfERS AGBRDA ITEM SUMMARY Meetillg Date: 9/18/a002 Division: PabUc Worb Balk Item: Yea ~ Jlo _ DefUbDent: BoUd Wute "".cement AOBIIDA ITEII WORDIlfG: Approval of . Resolution aad acceptallce of the 15tJa year RecycllJla aad Education Oraat Agreement ITEM BACKGROUJID: For the IStJa year. the Department of BavlrolUDental Protection is offerlr1c a RecycUng . Education Gl'aIlt. Fourteen (14) previoUS graata have been sought and received. PREVIOUS RBVBLAIfT BOCC ACTION: Approval of fourteen (14) previous appUcatloDS aad .......ments for RecycllJla aad Education pants fioom 1989 - 2002, and approval of the Fiscal Year 2003 appUcatioll on 6/19/2002. CONTRACT 1 AGREEMENT CBAKGBS: JloDe. This is the atalldarcl aanual RecycllJla aad EducatiOD Grant Agreement. STAI'F RECOMMElmATIONS: Approval TOTAL COST: If/. BUDGBTBD: Yea X Ifo_ COST TO COUNTY: If/A RBVElWE PRODUCIBG: Yea XXX_ Ifo _ AMOUNT PER MONTH_Year $127,034 =:::~Atty XXO~:/2rMrentBLA Carol A. Cobb, 8r~tor SoUd Wpate 118....ment DIVISION DIRBCTOR APPROVAL: 0 _ ~ Dent Pierce DOCUllERTATlON: Included XX To FoUow Not Required DISPOSITION: AGERDA ITEM' c.. l "l Revlaed 2/2'1/01 . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DEP Contract # RE322 Effective Date: 10/1/02 Expiration Date: 9/30/03 Contract Purpose/Description: RECYCLING & EDUCATION GRANT AGREEMENT, WHICH IS USED FOR CITIZEN EDUCATION NEW EOUIPMENT ADVERTISING AND WASTE REDUCTION OPERATIONS - Contract Manager: CAROL A. COBB 4432 SOLID WASTE MANAGEMENT/STOP #1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on '/18102 Agenda Deadline: 9/4102 CONTRACT COSTS Total Dollar Value of Contract: $ 127,034 Current Year Portion: $ 127,034 Budgeted? Yes[8] NoD Account Codes: 414-41 005-530490-GR030 1-530340 Grant: $ 127,034 - - - - ---- County Match: $ NIA - - - - -.--.--- - - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $NI Alyr For: (Not included in dollar value above) (el?. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ;?j"l,,- Division Director 8/13/02 Y esO No[8] Risk Management - YesONoO O.M.B./Purchasing ~\ l(Pl~ esO No~ County Attorney S? I' <J / () L Y esO No~ Comments: OMB Fonn Revised 2/27/01 MCP #2 SOLID WASTE MANAGEMENT RESOLUTION NO. - 2002 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY FWRIDA, AUTHORIZING THE EXE- CUTION OF A GRANT AGREEMENT WITH THE DEPART- MENT OF ENVIRONMENTAL PROTECTION FOR THE ACCEPTANCE OF RECYCLING AND EDUCATION GRANT FUNDS. WHEREAS, by Resolution No. 231-2002, the Monroe County Board of Commissioners authorized the submission of a grant application to the Department of Environmental Protection for Recycling and Education Grant funds; and WHEREAS, the Florida Department of Environmental Protection has awarded Monroe County a Recycling and Education Grant, in the amount of $127,034.00; and WHEREAS, the Florida Department of Environmental Protection has issued Grant Agreement RE322 as part of the grant awards; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FWRIDA, that: 1. The grant is hereby accepted and the Mayor is authorized to execute the grant contract. 2. This resolution shall become effective immediately upon adoption by the Commission and execution by the Mayor and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 18th day of September, 2002. Mayor McCoy - Mayor Pro Tern Spehar - Commissioner Neugent - Commissioner Jimenez - Commissioner Nelson - (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FWRIDA Attest: Mayor / Chairperson Danny L. Kolhage, Clerk APPROVED AS TO FORM Y. ~ Department of Environmental Protection Twin Towers Office Building JOO Bush 2600 Blair Stone Road David B, Struhs Governor Tallahassee. Florida 32399-2400 Secretary RECYCLING & EDUCATION 2002-2003 GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION I. Grant Number: RE322 2. Date of Award: July 1, 2002 3. Grant Title: RECYCLING & EDUCATION GRANT 4. Grant Period: October 1, 2002 - September 30, 2003 5. Grant Amount: $ 127,034.00 6. CSFA #: 37011 7. Grantee(s) : MONROE COUNTY Address: 1100 Simonton Street, Room 2-284 Key West, Florida, 33040 8. Grantee Fiscal Year: 2002/2003 9. Federal Employer Identification Number: 59-6000749 10. Authorized Representative: Name: Charles McCoy Title: Mayor of Monroe County Phone: (305) 292-4432 II. Contact Person: Name: Carol A. Cobb Address: 1100 Simonton Street, Room 2-284 Key West, Florida, 33040 Phone: (305) 292-4432 12. Total county population from official April 1, 2001 Population Estimates: 80,588 13 . Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste - MS#4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 "Morc Prorcc1l0n. Less Process ,. Prinr(!d on r(!cycl(!d pap(!r. . , >. PART II .- GRANT CONDITIONS A. GENERAL CONDITIONS: l. The method of payment, for the period October 1, 2002 through September 30, 2003, will be on a reimbursement basis for direct cost only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement reques t, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or quarterly) . Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. 3. Grant funds may be expended through September 30, 2003. A final reimbursement request must be submitted no later than October 31, 2003. 4, Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. 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 (incl uding cost allocation guidelines) , as appropriate. This information when requested must be provided within 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) . All bills for amounts due under this agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at (htto://www.dbf.state.fl.us/aadir/mainindex.html) . 5. Expenditures shall be limited to allowable items as listed in Section 62-716.430 of the Solid Waste Grants Program Rule: (a) Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costs approved by the Department. . . (b) Grant funds may also be used for operating subsidies, provided that the applicant shall demonstrate that such a use is necessary for the success of the recycling program, and shall show how the subsidy will benefit the program. (c) Recycling grant funds shall be used for projects to assist local governments in recycling paper, glass, plastic, construction and demolition debris, white goods, and metals and in composting and recycling the organic material component of municipal solid waste. (d) Solid waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies to assess the feasibility and success of the recycling and education programs. (e) All existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government recycling programs. Funds shall not be used for duplicating existing private and public recycling programs unless the applicant demonstrates that such existing programs cannot be integrated into the planned recycling program. 6. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 5 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 7. In addition to the provisions contained in paragraph 6 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-l shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the Grantee shall notify the Department's Grant Manager at 850/488-0300 to request a copy of the updated information. 8. Allowable costs may be charged to this agreement beginning either October 1, 2002, or the date this agreement is fully executed, whichever date is later. 9. 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 or the Solid Waste Grants Program Rule 62-716. 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. 10. Grantee shall obtain all necessary construction-related permits before initiating construction. H. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 12. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. 13. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all d-:>cuments, papers, letters, or other material subject made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24 (a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 14. The Grantee is prohibited from using grant funds for the purpose of lobbying the r_egislature, the judicial branch or a State Agency. 15. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this 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 prO"lride Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 16. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. , 17. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment B, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 18. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487-0915. 19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. , for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. RE322 OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the county of Monroe for all allowable costs incurred up to and not exceeding $127,034.00. Grant Application dated 6/19/02, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: ~1~~~~. 7 JtJB,}~~ Chief Date Bureau of Solid & Hazardous Waste Approved as to form and legality: ~. ~ 7/lriA- DEP Program ~eY Date In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature of Authorized Representative Date Charles McCoy Mayor of Monroe County Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 APPROVED AS TO FORM ~. R~RT . WO~FE DATE - ,yS- - O"G ATTACHMENT A 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 attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, 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 Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fIScal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions 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 $300,000 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 $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. RE322, Attachment A, Page I of 5 DEP 55-2\5 (0\/02) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. [n the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 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 Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In detennining the State financial assistance expended 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 fmancial 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 I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defmed by Section 215.97(2)(d), 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 $300,000 in State fmancial 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 $300,000 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 infonnation regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.usI for assistance. In addition to the above websites, the following websites may be accessed for infonnation: Legislature's Website http://www.1eg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/, and the Auditor General's Website 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 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(7){m), Florida Statutes, State agencies may conduct or arrangefor audits ofStatejinancial 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 l. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMS Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. RE322, Attachment A, Page 2 of 5 DEP 55-215 (01/02) B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) 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 120 I East 10th Street Jeffersonville, IN 47132 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A, The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 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-I33, 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. DEP Agreement No. RE322, Attachment A, Page 3 of 5 DEP 55-215 (01/02) 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, Comptroller, or Auditor General access to such records upon request. 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