01/17/2001 Agreement
Clelt( 01 De
Circul coun
Danny L. Kolhage
Phone: 305-292-3550 Fax: 305-295-3615
Memnrtmdum
To:
Richard D. Roth, Sheriff
Det. Sgt. Bobby Randolph
Attn:
From:
Isabel C. DeSantis, /1 /1 L\..
Deputy Clerk ....v. l:. .LT.
Date:
Tuesday, January 30, 2001
At the Board of County Commissioner's Meeting on January 17, 2001, the Board
granted approval and authorized execution of an Agreement between Monroe County
and the State of Florida Department of Environmental Protection for a Unique and
Innovative Project Grant - DEP Agreement No., HW448 State of Florida pursuant to line
item 1615 of the 2000-2001 Appropriation Act.
Attached are two (2) duplicate originals ofthe subject document for your
handling.
Should you have any questions concerning this matter please feel free to contact
this office.
Copies: Finance
CoUnty Attorney
vFlle
DEP AGREEMENT NO. HW448 :J: c:l 0 ::!
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STATE OF FLORIDA ~p~: ~ C>
UNIQUE AND INNOVATIVE PROJECT GRANT rTl~--' CN .."
PURSUANT TO LINE ITEM 1615 OF THE 2000 - 2001 APPROPRIATIONS ~T, ~- ~
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THIS AGREEMENT is entered into between the STATE OF FLORIDA OW>A&M~ ef
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
(hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
whose address is Monroe County Sheriffs Office, 5525 College Road, Key West, Florida 33040 (hereinafter referred to as
"Grantee" or "Recipient"), a unit of local government, to perform a unique and innovative project designed to decrease the
generation of household and conditionally exempt small quantity generator hazardous wastes and increase the proper
management of such wastes, in accordance with Section 403.7265, Florida Statutes. Any terms and conditions of this
Agreement which vary from those contained in Attachment A, shall have precedence.
In consideration of the mutual benefits to be derived here from, the Department and the Grantee do hereby agree as
follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Project Work Plan), 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.
2. This Agreement shall begin upon execution by both parties and end no later than June 30, 2006, inclusive. The
Grantee shall not be eligible for reimbursement for work performed prior to the execution date of this Agreement.
The Grantee is responsible for competing all reimbursable activities funded under this Agreement no later than
June 30, 2001. A fmal invoice for reimbursable activities must be submitted to the Department's Grant Manager
no later than July 15,2001. The additional period identified under this Agreement is provided for the Grantee to
complete its other obligations as described in this Agreement. This Agreement may be amended to provide for
additional services if additional funding is made available by the Legislature.
3. The Grantee is responsible for obtaining all applicable local, state and federal permits. In addition, the Grantee
shall comply with all applicable rules and regulations governing the use of the Mobile Thermal Destruction Unit.
On at least the first four (4) burns following completion of the thermal treatment process, the Grantee is
responsible for having all remaining ash tested, using the Toxicity Characteristic Leaching Procedure. Depending
on the test results, the Grantee shall properly dispose of the ash as either a solid waste or a hazardous waste, as
appropriate, and recycle any recoverable metal from flare or ammunition casings.
4. The Grantee is responsible for having establishing an advertised collection program for damaged and outdated
visual distress signal flares (hereinafter referred to as "flare" or "flares") generated by recreational boaters. The
Grantee is responsible for assuring that the flares and other reactive household hazardous wastes that may be
collected, such as pyrotechnics, tactical tear gas canisters, and small caliber ammunition, are safely transported
and stored prior to destruction in the mobile thermal destruction unit.
5. The Grantee shall be fmancially responsible for one half of the total cost of its unique and innovative project and
shall provide assurance of funding to match the Agreement funding amount. Grantee's match to the Agreement
funding amount may be for administrative costs, training, equipment, or construction costs necessary to
implement the project or activity or in the form of in-kind or volunteer services provided the value of these
services is assessed and approved, in advance, by the Department. The Grantee is eligible for reimbursement of
anticipated expenses identified in Attachment A and, with written permission from the Department, for
unanticipated project expenses.
DEP Agreement No. HW448, Page 1 of 6
6. The Grantee is responsible for guaranteeing operation of its flare collection and destruction program for five (5)
years. Such operation shall include at least two (2) collections per year when household flares will be accepted by
the Grantee at no charge to non-business entities. These free collections will be advertised to encourage
participation.
7. In addition to paragraph 6 above, the Grantee is responsible for offering at least two (2) advertised collections per
year for the five (5) years when commercial operations can bring their flares to a collection location in order to
obtain a reduced fee for proper management.
8. The Grantee is responsible for working with marinas and other local governments and agencies, such as the Fire
Deparbnent and the Monroe County Household Hazardous Waste Collection Program, in establishing a
comprehensive, advertised collection and management program for outdated flares and other household reactive
wastes.
9. In the event that the Grantee fails to perform its obligations pursuant to paragraphs 6, 7, and 8 above, the
Deparbnent shall proceed to determine the value of such non-performance and shall notify the Grantee in writing
of its determination. The Grantee shall, within sixty (60) days of notification by the Department, reimburse the
Deparbnent for the value of the non-performance as determined by the Deparbnent.
10. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Deparbnent shall
pay the Grantee on a cost reimbursement basis in an amount not to exceed $15,000. The parties hereto agree that
the Grantee is responsible for providing a minimum match of $15,000 toward the project described in
Attachment A. If the Grantee fmds, after receipt of competitive bids, that the work described in Attachment A
cannot be accomplished for the current estimated amount, the parties hereto agree to modify the Project Work
Plan described in Attachment A to provide for the work that can be accomplished for the funding identified
above. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B). In
addition to the Payment Request Summary Form, the Grantee shall submit documentation, in accordance with the
Comptroller's Contract Payment Requirements, attached hereto and made a part hereof as Attachment C,
supporting the costs reported on the Payment Request Summary Form. All requests for reimbursement of travel
expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. The Grantee may
include volunteer services, donated services and/or donated goods which have advance written approval by the
Department in the Grantee's 50% match. However, the Deparbnent's 50% share must be equal to or less than the
total value of all volunteer services, donated services, and donated goods. The Deparbnent shall not be
responsible for compensating the Grantee for donated or volunteered services and/or goods. The Department
reserves the right to audit the Grantee's disbursements as it deems necessary. All bills for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof.
11. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
12.
A.
In an effort to conserve and recycle natural resources, the Grantee shall submit all reports generated
under this Agreement on recycled paper.
B. The Grantee shall submit quarterly progress reports describing the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting period.
Quarterly reports shall be submitted to the Deparbnent's Grant Manager no later than twenty (20) days
following the completion of the quarterly reporting period. It is hereby understood and agreed by the
parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September
30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review
deliverables submitted by the Grantee. In addition to the information described above for the quarterly
progress reports, the Grantee shall provide the following:
DEP Agreement No. HW448, Page 2 of 6
1. The Grantee shall provide the Department with a written report for each collection event which
shall include the following information: collection date(s), hours of operation, location, sample
advertising, number of households participating, number of commercial boaters participating,
type, quantity and management of waste collected, and total cost of the collection event. The
Grantee shall provide the Department with a written summary of thermal treatment within thirty
(30) days of each bum.
2. Prior to reimbursement of authorized expenditures, the Grantee shall submit to the Department a
report summarizing steps taken in implementing the unique and innovative project with
comments, results and recommendations. Said report must contain sufficient detail to prove
valuable as a guide to other local governments.
3. Copies of any educational and public awareness materials created or produced under a unique
and innovative project shall be submitted to the Department and shall become public domain.
B. Documentation, in the form of required reports, must be in detail sufficient for pre-audit and post-audit
review and approval of invoices. The Grantee agrees to provide a copy of any draft report and/or fmal
report the Department before making, or allowing to be made, a press release, publication, or other public
announcement of the project fmdings.
13. The Grantee shall submit quarterly invoices in conjunction with the quarterly progress reports . required under
paragraph 12.B.
14.
A.
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.
B. The Grantee agrees to require all subcontractors to indemnify, defend, save and hold harmless the
Department from all claims, demands, liabilities and suits of any nature arising out of, because of, or due
to any negligent act or failure to act by the subcontractor, its agents or employees to the extent permitted
by Florida law.
15. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any
of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar
days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason( s) for termination.
16. 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 to the provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee in conjunction with this Agreement.
17. The Grantee shall 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 during the term of this
Agreement and for three years following Agreement completion. 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.
18. In addition to the provisions contained in paragraph 17 above, the Grantee shall comply with the applicable
provisions contained in Attachment D. A revised copy of Attachment D, Exhibit-I, 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 D. If the Grantee fails to receive a revised copy of Attachment D, Exhibit-I, the
Grantee shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated
information.
DEP Agreement No. HW448, Page 3 of 6
19.
A.
The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. 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. The
Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting
opportunities.
20. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided
by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency.
21. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to
the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with
all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include
this provision in all subcontracts issued as a result of this Agreement.
22. The Department's Grant Manager for this Agreement is identified below.
Ian Kleman
Florida Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tarnpa,Florida 33169
Phone: 813/744-6100, Extension 320
23. The Grantee's Grant Manager for this Agreement is identified below.
Sargent Bobby Randolph
Monroe County Sheriffs Office
5525 College Road
Key West, Florida 33040
Phone: 305/292-7060
24. 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 his 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.
25.
A.
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.
B. The Grantee shall ensure that its subcontractors secure and maintain such insurance as will protect it from
claims under Workers ' Compensation Acts; comprehensive general liability coverage with limits of not
DEP Agreement No. HW448, Page 4 of 6
less than $1,000,000 per occurrence and $2,000,000 annual aggregate for bodily injury and property
damage, and comprehensive automobile liability coverage with limits of not less than $1,000,000
combined single limit for bodily injury and property damage. The Contract shall ensure that its
subcontractors' current certificate(s) of insurance contains a provision that the insurance will not be
cancelled for any reason except after thirty (30) calendar days written notice to the Contractor.
26. 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.
27. 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 E, 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.
28. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal
amendment to this Agreement.
29. By execution of this Agreement, the Grantee certifies that all information technology products resulting from this
Agreement will properly manage Year 2000 dates/data. In addition, the Grantee agrees to comply with the
provisions of Florida Department of Management Services, Division of Purchasing Memorandum No.6 (1998-
99), dated February 5, 1999, which are hereby incorporated by reference and provided as Attachment F, attached
hereto and made a part hereof.
30. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided
herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. HW448, Page 5 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
MONROE COUNTY BOARD OF
/COUNTY COMMISSIONERS
~y.
Title: DAN1\r--71" ""'r, 0" ".:",\ "'7
1". i ..10 l'1.\...il.;.1l..:.-.:.,.t.rl:"
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
sf
-
By:
Secretary or designee
Date:-tlMJ 00
'i-~ R~jJ ~ ,,~~ /i&
DEP Grant Manager
~~,
Approved as to form and legality:
if<<"- ~~
D P Attorney
FEID No.: 59-6000753
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must
accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number
Description (include number of pages)
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
---A-
-IL
~
.J2..
....L
....L
Proiect Work Plan (4 Pages)
Payment ReQuest Summary Form (1 Page)
Comptroller's Contract Payment ReQuirements (1 Page)
Special Audit ReQuirements (5 Pages)
Property Reporting Form (1 Page)
DMS. Division of Purchasing Memorandum No.6 (1998-9'9) (3 Pages)
DEP Agreement No. HW448, Page 6 of 6
ATTACHMENT A
PROJECT WORK PLAN
STATEMENT OF NEED
"
The Florida Keys are a chain of islands extending west from the southern tip of Florida. From
the Monroe County line at the 112 mile marker of Highway U.S. 1 to the island of Key West at
the 5 mile marker ofthe same highway, the Monroe County Sheriff's Office is the primary law
enforcement agency providing service to the citizens of the county. The agency also is charged
with operating all county detention facilities and with serving civil papers in the county and in
Key West.
The Sheriff s Office has its main Headquarters building, and its main Detention Center just
outside of Key West on Stock Island. .The county is broken up into three districts. District One,
the Lower Keys District, encompasses the area from Key West to the Seven Mile Bridge (mile
marker 40). District Two, the Middle Keys, encompasses the area from the Seven Mile Bridge
, to Long Key (the 68 mile marker of the highway). District Three, the Upper Keys, covers the
area from Long Key to Key Largo ending at the county line (the 112 mile marker of highway
U.S. 1).
At this time we have two certified Bomb Technicians and one non-certified person assigned to
the Sheriff's Bomb Squad. We respond to all bomb or explosivelHaz-Mat calls that occur within
Monroe County. We also conduct all district bums of explosives, fireworks, ammunition, and
flares that come into the Sheriff's Office.
As of today there are 24,806 boats registered in Monroe County and another 350,000 that visit
our county each year. Not only are out dated flares generated by our local boats, but our visitors
also need to replace their outdated flares prior to launch. Many boaters are discarding flares in
our local waters, trash cans, and roadsides. Only a limited amount offlares are turned into the
Fire Department or Sheriff's Office.
To prevent this contamination to the Florida Keys and our state waters and public safety hazards,
we request funds to purchase of a MTDU for the purpose of proper disposal. With wide spread
advertisements and training, we could collect the majority of this waste for pro'per disposal.
Due to our remote location we feel that a MIDU placed in the Florida Keys would assist us in
the proper disposal and cut do~ on the expense involved in the destruction of our hazardous
waste.
Making people aware of the problem and providing a solution to this problem are the first steps
to creating a safe, and healthy environment.
OPERATIONS
The proposed operations of the MIDU, would be the destruction of all reactive household
hazardous waste to include out dated flares, pyrotechnics, and small caliber ammunition. Other
hazardous waste that would be destroyed include tactical tear gas canisters and found military
flares that wash ashore, within Monroe County. This could include reactive hazardous waste
from surrounding counties and from state agencies as the need arises.
DEP Agreement No. HW448, Attachment A, Page 1 of 4
We anticipate quarterly bums of hazardous waste. To do this, we as the Sheriff's Office would
collect and store materials as warranted or requested through our office.
We propose that a joint agency program for collection be started so each agency could collect or
have a collection location, This would be advertised as needed to fill the public requirement.
Proposed television and newspaper advertisements will be announced semi-annually to promote
the safety of keeping flares updated and taking discarded flares to appropriate collection sites.
This along with turning in old ammo, fireworks, and/or any other explosive hazardous materials
for home or business safety.
The cost to pay a private company to dispose out dated flares is approximately $2,000.00 for the
first 150 lbs and $7.00 for ,each additional pound. On the other hand, the cost to -purchase a
M1DU for the County ranges from $7,400.00 to $17,800.00.
An average burn can range from 200 lbs to 300 lbs, which should be done four to six times a
year. It would be more cost effective to purchase and operate a MTDU th~ to pay a private
company every time a bum is needed.
The Monroe County Sheriff's Office agrees with the Department of Environmental Protection in
educating the public on the hazards of improper disposal of out dated flares as well as the
recommendations towards solutions for proper disposal such as:
1. Organize special flare collection events
2. Disposal in a MTDU
'3. Provide flare collection and disposal information in annual boater registration
renewal notifications
4. Post signs by boat ramps and other locations frequented by boaters
5. Provide articles for press release and/or bill board
6. Place flare disposal information by manufacturers at the time of packaging of
flares
7. Create a flare disposal display for use at boat shows and/or sporting events
8. Post information on a web page.
The actual use of the MTDU will follow the Department of Environmental Protection guidelines
(Conditional Exemption for a MTDU for Flares, Pyrotechnics, Tactical Tear Gas Canisters, and
Small Caliber Ammunition) and all applicable regulations. On at least the first 4 bums, once the
thermal treatment process has been completed, all remaining ash will be tested using the Toxicity
Characteristic Leaching Procedure (TCLP), and depending on the test results the ash will be
properly disposed of as either a solid waste or a hazardous waste. Any leftover recoverable
metal from some types of flare or ammunition casings will be sent to a recycling facility. Within
30 days of the thermal treatment process a representative of Monroe County will submit to the
DEP a completed written summary of the thermal treatment.
DEP Agreement No. HW448. Attachment A. Page 2 of 4
PROPOSED 'BUDGET
'-
A. Personnel = $10,500.00
B. Contractual services =
C. Training = $ 720.00
D. Equipment = $12,650.00
E. Operating = $ 4,492.00
TOTAL:
$28,362.00
Agency Gontact:
Det. Sgt. Bobby Randolph
Monroe County Sheriff's Office
5525 College Road
Key West, Florida 33040
Ph. 305-292-7060
Fax 305-296-6889
Patricia Almeda- W elichko
Director of Planning & Research
Monroe County Sheriff's Office
5525 College Road
Key West, Florida 33040
Ph. 305-292-7058
Fax 305-296-6889
DEP Agreement No. HW448, Attachment A, Page 3 of 4
Timeline for Competition of Grant
Upon completion of the contract for the Grant and approval date, an order will be placed
for the Mobil Thermal Destruction Unit.
A schedule of locations and times for the pickup of destruction items will be prepared.
This along with notice of intentions to all surrounding agencies will be completed within the first
90 days. A Documentation Report shall be completed.
2nd quarter: . Begin the advertisements and contracts with marinas as well as the first bum
will be done. Assist with the Clean Marina's Program, with collection and advertisements. A
Documentation Report shall be completed.
3rd quarter: Continuation of bums with an advertised two day "turn in" program wherein
individuals can turn in all old flares, ammo, fireworks for destruction. A Documentation Report
will be completed.
4th quarter: Continuation of bums, as needed. Scheduled meetings with each agency that
have participated in the program, to gain information on improvements and/or changes needed,
At this time a final report of the program will be completed as to the status.
Note: Burns will be done as the need arises or demand for destruction is required,
DEP Agreement No. HW448, Attachment A, Page 4 of 4
ATTACHMENTB
PAYMENT REQUEST SUMMARY FORM
GRANTEE:
GRANTEE'S GRANT MANAGER:
DEP AGREEMENT NO.:
AMOUNT REQUESTED:$
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING
REQUIRED:
DATE OF REQUEST:
GRANT EXPENDITURES SUMMARY SECTION
AMOUNT OF TIDS TOTAL MATCHING
CATEGORY OF EXPENDITURE REQUEST CUMULATIVE FUNDS
PAYMENTS
Salaries $ $ $
Fringe Benefits $ $ $
Travel (if authorized) S S S
Subcontracting: S
Planning $ S $
Design $ $ $
Construction S $ S
Construction Related Costs S $ S
Equipment Purchases $ S S
Supplies/Other Expenses S $ S
Land $ S $
Volunteer Services N/A N/A $
Donated Goods/Services N/A N/A S
Overhead $ S $
TOTAL REQUESTED $ s $
TOTAL GRANT AGREEMENT $
Less Total Cumulative Payments of: $
TOTAL REMAINING IN GRANT S
[Effective Date of Grant through End-of-Grant Period]
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above were for items that were charged
to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP Agreement No. HW448, Attachment B, Page 1 of 1
ATTACHMENT C
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
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 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 defmed 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.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including
any contract involving the State University system or the State Community College
system, the agency receiving the contract or grant moneys shall charge no more than
5 percent of the total cost of the contract or grant for overhead or indirect cost or any
other cost not required for the payment of direct costs.
DEP Agreement No. HW448, Attachment C, Page 1 of 1
ATTACHMENT D
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 defmed 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 -13 3, as revised.
l. 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 1 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 funds 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 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 of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds 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.
DEP Agreement No. HW448, Attachment D, Page 1 of 5
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 awards (i.e., State fmancial 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. EXHffilT 1 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 1, 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 defmed 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 Single Audit Act, including the Florida Catalog of State Financial
Assistance (CFSA), a recipient should access the website for the Governor's Office located at
http://sun6.dms.state.fl.us/fsaa/ for assistance. In addition to the above website, the following websites may be
accessed for information: Legislature's Website htto://www.1eg.state.fl.us/. Governor's Website
htto://www.flgov.com/. Department of Banking and Finance's Website
htto://www.dbf.state.fl.us/aadir/FSAATndex.html. and the Auditor General's Website
http://sun6.dms.state.fl. us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: Pursuant to Section 215.97(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 215.97, 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
1. 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:
DEP Agreement No. HW448, Attachment D, Page 2 of 5
A. The Department of Environmental Protection at each of the following addresses:
Jan Kleman
Florida Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
Audit Director
Florida Department of Environmental Protection
Office of Inspector General
2600 Blair Stone Road, MS40
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, 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 at each of the following
addresses:
Jan Kleman
Florida Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
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:
Jan Kleman
Florida Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
DEP Agreement No. HW448, Attachment D, Page 3 of 5
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
111 West Madison Street
Tallahassee, Florida 32302-1450
4. Copies of reports or management letters required by P ART III of this agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at each of the following
addresses:
Ian Kleman
Florida Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33619-8318
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-B3, 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-B3, 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
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of 3 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
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. HW448, Attachment D, Page 4 of 5
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ATTACHMENT F
.
DUlUIDWff(1f liIAIIA.IEYINf
SERVICES
..~ Eapla.n* W.T" T~.-. fl-i,I. ~)'
I.. IlIl$K, COOVIlIO
TON McClJlK. 5EalirA If
February S. 1999
S~lile :n~
MF.MORANOUM NO,:
6 (98.99)
TO:
S tatC' Agent y Pun: Ilasing lJirec:ton.
Chief [nfOrIIl.lltion Officers
~Gcorge C Banks. CP'PO
W v Pir&:lOt, Slal~ J'urch:asing
Year 2000 Corr1ld ianoe W arrant)' C'~ullie
FROM:
SUBIECT~
Tbr: Office of Inc Atlomcy Gr::[)cral ill conjuACtioll wilb th~ Yt.at 2000 Project Office and SUite
Purchasang. b~ devc]Qpcd a compn:hcn,jyc: YCIIl 2000 CompJiam:e Cb.UR whitt. IL'lC:Iuck:s III
comp.iam:c wilrranty. remedy. and rcseUr:r'lIo re:iponstblliry.
11 is nlCommcnded that this "Year 2000 CompliallC~ lat\guage be iacludcd (in 11!l entireI:)') in any
procurement document and CODtI:1't r or In rorlllatioll technoloey hardwar~, !lOftwarc, and services,
and olber "products" whic.b ..~ or (ontain SQltWlft, finnwart., microcode, or embedded chip
technology.
It is not neces.W')' 10 replace rhc Year 2000 lana\lage j. existing proc: urcme~t documents or
conttac1$, but instead. utilize Ibis new language in any new prUC\lrem~nts and contracts. Aao.
for "product." or 5c[Vil:~ bougn. rrmn Statr. contracts il i~ An( ~eceuary to include the: Year
2000 Janpagc in lhe procuremenl document or cunlracr, since vendors arc .~.dy buuncl b)' tht.
Year 2000 lan,guagc ilt lhe State contract.
This YCIr 2.000 Ct.lmpl.ance languagc is .y.ill1b~ in SPURS.
~
...,.Jt.I ~.....
DEP Agreement No. HW448, Attachment F, Page 1 of 3
Slale Agency Purchasiog DirctloT.~
February 5. 1999
Pate 2
YEAR 2000 C()MI'LlANCE W ARRA~-rY
For p\l rposes of this Year 2000 walnnl)'. the lcnn "Product" shall iDe: kld~ soft... ~. firmware,
microcode, hardware: and embedded chip lechnDlogy.
Vendor waaanls tllat lhe produclls Ycar 2000 Complianl. All venillfl$ of lhe Producl offered by
lhe vendor ana p\lrcha~lI~d by che Slatt. for which V~or is ohligllled to proYidc m~nCc~
service arc, iLlJd .]1 the future. will be, Year 2000 Compliaot.. Year 2000 Complianc Rans 'he
Prootx:l will include the ability tQ~ consls.tently handle dale infonnation berur~. during. and after
Il1J1l1llTY ].2000. including accepting dale input. ptQ"'iding dale: outpuLI.m:l PtoCr.s.sini dales:
fun.clion bc.fO~1 dorinl aIld aJler Janu&l)' 1.2000. wJtbout lhl; Jlccd for program chanF cawil;d
by the !Idvenl oflb'=l new CIIl.IUUry; properly handle all dale ~lalro informaJ:ion bc:fmc .nd
follDwinz; J iLn I, 200 I. including bUJ llollanuted tD ,.CCUtate and ,eliablc perf~~ in
JlIlJCc~~ing dale and dace related data. includin& calClaJatin8.- compving ..Q sel.lue.lW:i.l~ properly
process. lUly and 0lI1L dale calculations before, on and lIflcr lhe leap ~at da-. of rl:bRlar)' 29, 2000
and S&~re llCtd provide OUlput of [Lat~ informalion in .....y5 Ihat are unambipous as 10 cmtul')'.
The duration of chis Wamulty and tile I"l;medies available 10 ,he Slate for breach of Ibis warrMlt)'
shall be 4'$ d~fjned in. and subject to, the lerms and limilMion$ of an)' pneral w~ant)' pro",i~ionl
or1hi~ e:nnttoct. provided lhqc notwithstandinllKJ~ ptovisioD to lbe ~~;lDtrary in ~uch warranty
proYisLon(i). or in the ...b~l\ce of any sucla waoanty provision(s). defeclll in the r~roducl Wilh
regard to Yc~ 2000 Complillm:e, ir an)', will be c:orM.;lcd by Vendor .it VeDdor'5 CtlSC within a
\imdrwlle mutua.ly al~ upon witb lb. Slale. VetldOl can not be lxld TClpunsible for erran
t'e,ullinS from deviet$ or syseems u~mallO lhi.q cQnlracl 'Which ;&r" pernutted 10 dirc~tly acee~~
any dac.base provided under Ibis Az;reentrnl and Qvcrwntr; Product dale fields or from tbe WIer,
improper intr.gration af D<:Jn. YcM" 2000 Complianc s)'Jlcm5. NothlnJ in thi, wmanty shall be
cotl5t~d to limilllDY riJht.'l. or Tem~cs the 51.1e may otherwise have under tbi5 contrllCt with
respect lD defects oltleuhan Year 2000 pcrrOM'lance.
YEAR 2000 REMEDY CLAUSE
In the ~ve.nt of any dccR!$: in pcoduct funclionltlilY related to time and d81~ related codeli and
iDfSnal subrautin=s Ihile impe4e the bardwMe 01' loft ware pOOIP"MDS !ronl oper&LinJ beyond Ihe
Millennium D.le Change, LicensoT5 and Vl:'ndors of Li<:cn.sur.; produClS. ~ to imm=diatel)'
mab Rquirc:d com:c;lioos to re~tore hardw~ llind softwlIrc program.1i. to 1M ~1JnC level of
functionalil, a:a wmmtlO'lCl Derein al no cbllrgt: to th~ licensee, al1d without inlcnuplKm 10 Ibe
ongoing business of che Jicen~, time being oflh~ essence.
DEP Agreement No. HW448, Attachment F, Page 2 of 3
S(llt~ Agency Purr.:hil5ing Directors
Februlry 5, ] !)99
P'".e.ga= 3
RE:sJiLLERS
All prodUt;15 bid un~r this bidl~on'racl will ~ Year 2000 comp!illIlt. YQI" 2000 Compl ian,
means lhe: Producl will include lb,= ability to: c0Jl5islentl)' h.andl~ date informacica before.
during. and alter January 1. 2000, ineludins aa;~plin8 date input. providing dale o~lpUI, and
pTOGe!'i:<iing dates; function before, during and afaer January 1.2000. witool.l' the Jlacd t'QI" program
changes caused by the *,Wlnt of th~ new <:cnlul')'; properly hlllndJc: all dl1l1!: relalllld informlltion
before and following 1 an I, 200] . includini bu.t not limit&:d to accura.te and NJiable pcrforman~
m processing dlW!: and date relaled dida, iocludini nl-=ulatin&. comparing aDd IiCquenc:inl;
properly procen any and all tlldc calculations before, on and after the )CMp )'Ca.r da.te ot' Febm;uy
29,2000 and IItore and provide output of d.t~ information in waY5 lb~ are unambiguous WI to
century. ResdlcIS mA.y provide.. "PUl> through warranty" frorn the manuraaUl"erJ~ftwuc
developer, which m~et5. all the WlIIl'IUI)' ICquirement5 by t~ Slatl!J, and whicluhall indwc lIU
other wanantie6 provided by the ~r)ut'Kl1lRr or SO~WaRl dcvclopa. Rncncr li!laJl he
telponsiblc for w;unnl)' Nlluranc:e. anL5UlncC'. enforcement .n~ itCl)' olhu actions or nmtcdiiltion.
roquin::d to Slllilify w.arnanty requLrcmenlS.
Pl~$e contact Del Hic:ks ., 481-()417. Sun~om 277-0417. should )'OU ha\'e que$odan5 or need
oodillonal infonnMiort.
GCBfd,g"h
DEP Agreement No. HW448, Attachment F, Page 3 of 3