09/18/2002 - LC322
SOLID WASTE MANAGEMENT
RESOLUTION NO. 358 - 2002
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
MONROE COUNTY FWRIDA, AUTHORIZING THE EXE-
CUTION OF A GRANT AGREEMENT WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE ACCEPfANCE OF LIITER CONTROL AND PREVEN-
TION GRANT FUNDS.
WHEREAS, by Resolution No. 232-2002, the Monroe County Board of
Commissioners authorized the submission of a grant application to the
Department of Environmental Protection for Litter Control and Prevention Grant
funds; and
WHEREAS, the Florida Department of Environmental Protection has
awarded Monroe County a Litter Control and Prevention Grant in the amount of
$11,789.00; and
WHEREAS, the Florida Department of Environmental Protection has issued
Grant Agreement LC322 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.
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PASSED AND ADOPfED by the Board of County Commissioners of Monroe
County, Florida, at a meeting of said Board held on the 18th day of September
2002. ~ ~
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Mayor McCoy
Mayor Pro Tem Spehar
Commissioner Neugent
Commissioner Jimenez
Commissioner Nelson
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BOARD OF COUNTY COMMISSIONERS
OF MONROE :fPUNTY, FLORIDA
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MayorY Chairperson
APPROVED AS TO
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Attest:
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Danny L. Kolhage, Clerk
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Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Jeb Bush
Governor
LITTER CONTROL AND PREVENTION 2002-2003 GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1.
Grant Number:
2. Date of Award: August 1, 2002
LC322
3. Grant Title: LITTER CONTROL AND PREVENTION GRANT
4. Grant Period: October 1, 2002 - September 30, 2003
5. Grant Amount: $11,789.00
6. CSFA # : 37009
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:
Title:
Charles McCoy
Mayor of Monroe County
Phone:
(305) 292-4432
11. Contact Person:
Name:
Address:
Carol A. Cobb
Senior Administrator
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
"More Protection, Less Process"
Printed on recycled paper.
David B. Struhs
Secretary
PART II - GRANT CONDITIONS
A. GENERAL CONDITIONS:
1. 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
request, 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
(including 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
(http://www.dbf.state.fl.us/aadir/mainindex.html) .
5. Existing public and private programs shall be used to
implement this grant program before any new program will be
approved. Funds shall not be used for duplicating existing
public and private litter and marine debris prevention
programs unless the applicant demonstrates that such existing
programs cannot be integrated into the planned litter and marine
debris prevention program.
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Expenditures shall be limited to the following two options:
OPTION 1
Grantees may spend 100% of the grant award for operating costs
associated with education and prevention programs listed in
section 10 and 11 of the grant application. These costs will
include rent, telephone, utilities, salaries and benefits,
postage, office equipment and supplies, program material and
marketing.
OPTION 2
Grantees may use up to 35% of the grant award for operating
costs for projects to assist local governments with the
removal of litter and debris. The remainder of the award not
spent on removal shall be used to fund educational and
prevention programs.
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-1, must be
provided to the Grantee with each amendment which authorizes a
funding increase or decrease. The revised Exhibit-1 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.
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11. 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 documents,
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
of lobbying the Legislature,
Agency.
using grant funds for the purpose
the judicial branch or a State
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 provide Workers' Compensation Insurance for all of
the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program
or insurance coverage shall comply fully with the Florida Workers'
Compensation law. In case any class of employees engaged in
hazardous work under this 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,
representati ve, 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
authorized purposes of the contractual arrangement as
as the required work is being performed.
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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 inj ury 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.
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LC322
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
$11,789.00.
Grant Application dated, 06/19/02, included herein by reference.
THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION:
~!~~eY, Chief
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Date
Bureau of Solid & Hazardous Waste
Approved as to form and legality:
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DEP - Program Attorney
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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 0
DESIGNATED RECIPIENT COUNTY:
1.13. "z.
Signature of Auth
Charles McCoy
Mayor of Monroe Co
Date
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Bureau of Solid and Hazardous Waste APPROVED AS
Solid Waste Section - M. s. # 4565 AND L SUR;1t
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Please return to:
BY
NNE A. HUTTON CD
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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-B3,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., 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-B3, 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 (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LC322, Attachment A, Page I of 5
DEP 55-215 (01102)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State fmancial 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 fmancial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the State fmancial assistance expended in its fiscal year, the recipient shall
consider all sources of State fmancial assistance, including State fmancial 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 I, 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)(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 fmancial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://sun6.drns.state.fl.uslfsaalcatalog.htrn or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.uslfor assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website http://www.leg.state.fl.us/, Governor's Web site http://www.flgov.coml, 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 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 Agreement 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:
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. LC322, Attachment A, Page 2 of 5
DEP 55-215 (01102)
B. The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the number of
copies required by Sections .320 (d)(I) 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
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 of financial 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 ofthe 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-B3, 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-B3, 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. LC322, Attachment A, Page 3 of 5
DEP 55-215 (01102)
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. The recipient shall
ensure that audit working papers are made available to the Department of Environmental Protection, or its designee,
Comptroller, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless
extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LC322, Attachment A, Page 4 of 5
DEP 55-215 (01/02)
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