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FY2001 WT01-44 t".)/ I 1l9annp lL. )tolbage BRANCH OFFICE 3117 OVERSEAS ffiGHWAY MARATIION, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS ffiGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: October 12, 2000 TO: James Malloch, Acting Director Solid Waste Management Division ATTN: Carol Cobb, Executive Assistant Solid Waste Management Division Pamela G. Hanco~ Deputy Clerk U FROM: At the September 20, 2000, Board of County Commissioner's meeting the Board adopted the following Resolutions: Resolution No. 325-2000 authorizing the execution of a Grant Agreement with the Department of Environmental Protection for the acceptance of Recycling and Education Grant Funds, and granted approval and authorized execution of the 13th Year Recycling and Education Grant Agreement No. REOI-42. / Resolution No. 326-2000 authorizing the execution of a Grant Agreement with the V Florida Department of Environmental Protection for the acceptance of Waste Tire Grant Funds, and granted approval and authorized execution of the Waste Tire Grant Agreement No. WTOI-44. Resolution No. 327-2000 authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of Small County Solid Waste Grant Funds, and granted approval and authorized execution of the Small County Solid Waste Grant Agreement No. SCOI-24. Resolution No. 328-2000 authorizing the execution of a Grant Agreement with the Florida Department of Environmental Protection for the acceptance of Litter Control and Prevention Grant Funds, and granted approval and authorized execution of the 8th Year Litter Control and Prevention Grant Agreement No. LCOI-42. The Board also approved and authorized execution of an Agreement between Monroe County and Clean Florida Keys, Inc., Contract No. LCOI-42, to provide disbursement of funds form the Litter Control and Prevention Grant. Enclosed are certified copies of the subject Resolutions and duplicate originals of the Agreements for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File SOLID' "<\STE MANAGEMENT RESOLUTION N0.326 - 2000 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY FLORIDA, AUTHORIZING THE EXE- CUTION OF A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ACCEPTANCE OF WASTE TIRE GRANT FUNDS. WHEREAS, by Resolution No. 223-2000 the Monroe County board of Commissioners authorized the submission of a grant application to the Department of Environmental Protection for Waste Tire Grant funds; and WHEREAS, the Florida Department of Environmental Protection has awarded Monroe County a Waste Tire Grant in the amount of $39,751.00; and WHEREAS, the Florida Department of Environmental Protection has issued Grant Agreement WTOl'-44 as part of the grant awards; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The grant is hereby accepted and the Mayor is authorized to execute the grant contract. 2. This resolution will become effective immediately upon adoption by the Commission and execution by the Mayor and Clerk. a A~ED ANp ADOPTED by the Board of County Commissioners of Monroe County, ~lo~a~t ~jneeting of said Board held on the 20th day of September, 2000. c...> - <: I.c... Lu - XI:,.: 0: 2: -J (..) J- cz: o. ::z: 0:: :x: 0::: ::> o C\J .<30 L;.. _ -J. (..) Cl ..... >- :::c i.1.J . (..) 2':: -J 0 :Z:::Ua::: o 2 <:> 2;: Mayor Freeman Mayor Pro Tem Neugent Commissioner Harvey Commissioner Williams Commissioner Reich nor present ~ yes yes ~ BOARD OF COUNTY COMMISSIONERS o MONROE COUNTY, FLORIDA lPPROYED AS TO FORM B Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 Jeb Bush Governor WASTE TIRE GRAIfT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRAIfT NOTIFICATION INFORMATION 1. Grant Number: WTOl-44 2. Date of Award: July 1, 2000 :x 0 0 ~ 0 0 Z :P- r- ::o("')z 0 f'l1 o ...,. n n,:x:=< .... 0 ("')' r- "T1 0('"'). I'.) <::> C:;o:;.'l!.: ::0 Z. 0 ~ -i(")r- :z ;:0 :<: ':.1: - f'T1 'T, .> - C"') ,..- c.' - 0 r~ "., 0 :::0 ~ 0 3. Grant Title: WASTE TIRE SOLID WASTE GRAIfT 4. Grant Period: October 1, 2000 - September 30, 2001 5. Grant Amount: $39,751 6. Grantee(s): MONROE COUNTY Address: 5100 College Road, Room #506 Key West, Florida, 33040 7. Federal Employer Identification Number: 59-6000749 8. Authorized Representative: Name: Title: Shirley Freeman Mayor of Monroe County Phone: 305-292-4432 9. Contact Person: Name: Address: Carol A. Cobb 5100 College Road, Room #506 Key West, Florida, 33040 Phone: 305-292-4432 10. Total population of Grantee(s) from official April 1, 1999, Population Estimates: 87,030 11. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 "Protea, Conserve and Manage Florida's Environment and Natural Resources" 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, 2000 through September 30, 2001, 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, 2001. A final reimbursement request must be submitted no later than October 31, 2001. 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. 5. Expenditures shall be limited to allowable items as listed in Section 62-716.620 of the Solid Waste Grants Program Rule: (a) Construct or operate, or contract for the construction or operation of, a waste tire processing facility and equipment purchases therefore; (b) Contract for a waste tire processing facility service within or outside the county or state; (C) Remove or contract for the removal of waste tires from the county, region, or state; (d) Perform or contract for the performance of research designed to facilitate waste tire recycling and to operate waste tire recycling and waste tire education programs. (e) Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities; (f) Provide incentives for establishing or expanding privately operated waste tire collection centers for the public; (g) In addition to ~he use specified in paragraph (c), abate and provide mosquito control relating to waste tire sites, or other tire piles, and other waste debris sites in the county identified by local mosquito control agencies as mosquito breeding areas; (h) Perform, or contract for the performance of, enforcement and prevention activities to prevent the illegal transportation and disposal of waste tires and other solid waste; (i) Purchase materials and products made from waste tires that are collected and recycled within this state; (j) Counties with populations less than 100,000 may use waste tire grants for any purpose related to solid waste management. 6. Up to five percent of a county's grant for fiscal year 2000-01 may be used for administrative costs and planning or research studies to assess the feasibility of eligible projects within a county, or to assess the feasibility of establishing a regional waste tire program. 7. 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 3 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. 8. Allowable costs may be charged to this agreement beginning either October 1, 2000, or the date this agreement is fully executed, whichever date is later. 9. Grant funds shall be included in the grantee's Annual Audit subject to the requirements of CH.215.97, F.S.. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 31st of each year. 10. 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. 11. Grantee shall obtain all necessary construction-related permits before initiating construction. 12. 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. 13. 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. 14. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 15. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. 16. Each county, or association of counties, receiving funds from the waste tire account shall submit an annual report to the Department accounting for the use of such funds. Grant # WTOl-44 OFFER ARD ACCEPTAlfCE 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 $39,751. Grant Application dated 06/30/00, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: ~~~ ~ ~f~J~k: d th7l 7J~/?loo Date Division of Waste Management 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~ ON BEHALF OF THE DESIGNATED RECIPIENT ~~e ~~d Signature ~thorized Represe tLve Shirley Freeman Mayor of Monroe County COUNTY: - e:;/2.0/.0 Date 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 A I Y. ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of funds 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 section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, 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-I33, 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 detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the 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 defined in OMB Circular A-133, as revised. I. 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 ofOMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In detennining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The detennination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions 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 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-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 of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (Le., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access infonnation regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. PART II: STATE FUNQED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. . DEP Grant No. WTOl-44, Attachment A, Page 1 of5 I. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) 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 Chapter 10.600, Rules of the Auditor General. EXHIBIT I to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 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 reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards 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 awards 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 non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office of Planning and Budget located at http://www.eog.state.fl.us/for assistance. In addition to the above website, the following websites may be accessed for information: Legislature's Website http://www.leg.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.lIs/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 21 5. 97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 2 I 5.97, Florida Statutes. In such an event, the State agency must arrange for funding the full cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency'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).) PART IV: REPORT SUBMISSION I. Copies of audit reports 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 each of the following addresses: Mr. Bobby Adams Florida Department of Environmental Protection Solid Waste Section, MS4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 DEP Grant No. WTOI-44, Attachment A, Page 2 of5 B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, 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 (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), 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 each of the following addresses: Mr. Bobby Adams Florida Department of Environmental Protection Solid Waste Section, MS4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies of 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 each of the following addresses: Mr. Bobby Adams Florida Department of Environmental Protection Solid Waste Section, MS4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building III West Madison Street . ~.. ",' Tallahassee, Florida 32302-1450 4. Copies of reports or management letters required by PART III of this agreement shail be subm'itted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: DEP Grant No. WTOl-44, Attachment A, Page 3 of5 Mr. Bobby Adams Florida Department of Environmental Protection Solid Waste Section, MS4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 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-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 (specify appropriate number of years, sllould be at least tllree years) years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, 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, upon request for a period of 3 (specify appropriate number of years, sllould be at least tllreeyears and be equivalent to tile number of years identified above) 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 Grant No. WTOl-44, Attachment A, Page 4 of5 ~ I E-c ~ ~ ~ == ~ ~ c:: o o;c v._ 0 Ea~ (/)e'ta g;u < c:: .~ c v.~ 0 0; ... 00 o.v Vi e~ g;u << i:: :;3 0 E < 00 c:: :a c:: ;,; :;3 8 t.L. = .. ~ Q .. j:l., -; .. .. "CI .. t.L. .. oS '" "CI C ::I ~ ~ ~ c :.c 1= OJ - << = ~ 0 t.L. ~ U c 'i ~ '0 ~ .. .c - ... Q - '" 'u; C Q U - c .. 8 .. << .. .. 0 ~ < t.L. '" U :.c - Q - - c = ::I '" .. ::I j:l., >. - u C C .. v 'C, 00 'u << .. e llC: .. v -0 .c v - t.L. .s "CI .. 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