FY2004 SC424
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 28, 2003
TO:
Carol Cobb, Executive Assistant
Solid Waste Management Division
Pamela G. Hanc~
Deputy Clerk V
FROM:
At the August 20, 2003, Board of County Commissioner's Meeting the Board adopted
Resolution No. 279-2003 authorizing the execution of a Grant Agreement with the Florida
Department of Environmental Protection, Agreement No. SC424 for the acceptance of Small
County Solid Waste Grant Funds.
Enclosed is a certified copy of the subject Resolution and a duplicate original of the Grant
Agreement for your handling. Should you have any questions please do not hesitate to contact
this office.
cc: County Administrator wlo document
Public Safety wlo document
County Attorney
Finance
File .I
Department of
Environmental Protection
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Jeb Bush
Governor
2003-2004 SMALL COUNTY GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1.
Grant Agreement Number: SC424
2. Date of Award: July 1, 2003
3. Grant Title: SMALL COUNTY SOLID WASTE GRANT
4. Grant Period: October 1, 2003 or Execution - September 30, 2004
5. GrantAmount: $117,647
6. CSFA # and Project Name: 37.012/Small County Grants
7. Grantee(s): MONROE COUNTY
Address: 1100 Simonton Street, Room 2-284
Key West, Florida 33040
8. Grantee Fiscal Year End: September 30,2004
9. Federal Employer Identification Number: 59-6000749
10. Authorized Representative:
Name:
Title:
Phone:
Dixie M. Spehar
Mayor
305-292-4432
11. Contact Person:
Name:
Title:
Address:
Phone:
Carol A. Cobb
Senior Admistrator
1100 Simonton Street, Room 2-284
305-292-4432
12. Total county population from official April 1 , 2002 population estimates: 81,140
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) 245-8707
DEP Agreement No. SC424, Page 1 of 5
DEP 55-235 (06/03) "More Protection, Less Process"
Printed on recycled paper.
David B. Struhs
Secretary
PART II - GRANT CONDITIONS
GENERAL CONDITIONS:
1. The method of payment, for the period October 1, 2003 through September 30, 2004, will
be on a reimbursement basis for direct costs 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, 2004. A final reimbursement
request must be submitted no later than October 31, 2004.
4.
A.
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.
B. In addition to the requirements in the paragraph above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Grant Agreement pursuant to State
and Federal guidelines (including cost allocation guidelines), as appropriate. This
information, when requested, must be provided within 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 Grant 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 Department of Financial
Services' Reference Guide for State Expenditures at
http://www.dbf.state.fl.us/aadir/reference guide.
5. Expenditures shall be limited to allowable items as listed in the Solid Waste Grants
Program Rule, Section 62-716.510, Florida Administrative Code:
A. Purchasing or repairing solid waste weight scales;
B. annual solid waste management program operating costs;
C. planning costs;
D. construction and maintenance of solid waste management or recycling facilities;
E. solid waste management education for employees or the public;
F. recycling demonstration projects.
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
DEP Agreement No. SC424, Page 2 of 5
DEP 55-235 (06/03)
the Grant period. The Grantee agrees that it will expeditiously initiate and complete the
program work for which assistance has been awarded under this Grant Agreement in
accordance with all applicable provisions of Florida Statutes and the Florida
Administrative Code.
7. In addition to the provisions contained in the paragraph 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 Grant 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
850/245-8707 to request a copy of the updated information.
8. Allowable costs may be charged to this Grant Agreement beginning on October 1, 2003
or the date this Grant 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, Chapter 62-716, Florida Administrative Code. Such action may also result in the
Department declaring the local government ineligible for further participation in the
program until the local government complies with the terms of the Grant award.
10. Grantee shall obtain all necessary construction-related permits before initiating
construction.
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 and an annual appropriation by the Legislature.
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. Pursuant to section 216.347, Florida Statutes, the Grantee is prohibited from using Grant
funds for the purpose of lobbying the Legislature, the judicial branch, or a State Agency.
15. To the extent required by law, the Grantee will be self-insured against, or will secure and
maintain during the life of this Grant Agreement, Workers' Compensation Insurance for all
of its employees connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Grantee. Such self-insurance 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 Grant 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.
DEP Agreement No. SC424, Page 3 of 5
DEP 55-235 (06/03)
16. The Grantee, as an independent contractor and not an agent, representative, or
employee of the Department, agrees to carry adequate liability and other appropriate
forms of insurance. The Department shall have no liability except as specifically provided
in this Agreement.
17. 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.
18. Upon satisfactory completion of this Grant Agreement, the Grantee may retain ownership
of the equipment purchased under this Grant Agreement. However, the Grantee shall
complete and sign a Property Reporting Form, provided as Attachment S, 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.
D. The Grantee shall report the inventory of the equipment, on an annual basis, no
later than January 31st for each year this Agreement is in effect.
19.
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
Grant 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.
20. 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.
DEP Agreement No. SC424, Page 4 of 5
DEP 55-235 (06/03)
PART 111- 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 $117,647.
Grant Application dated June 18, 2003, included herein by reference.
Tyy;~~rA BY THE DEPARTMENT OF ENVIRO~ ~A~;ROTECTION:
William W. Hinkley. Chi':!1 Date
Bureau of Solid & Hazardous Waste
1((7;;'3-
Date
D P Program Attorney
[The Procurement Section recommends an
original signature on all Agreements not a r-' or.
canned statement with sign off of template.] ..\ 0 B
t=9 :'P' :P-
In accepting this award and any payments made pursuant thereto, (1) the undersigne erii
that he is duly authorized to act on behalf of the recipient county, and (2) the recipient O~to N
the general and special conditions. g"c->f" 0::>
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BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY:
Sig t re of Authorized
Na e: Dixie M. Spehar
Mayor
Flzl) 1(1.5
Date
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,
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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
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number
Description (include number of paQes)
Attachment
Attachment
A
B
Special Audit Requirements (5 Pages)
Property Reporting Form (1 Page)
DEP Agreement No. SC424, Page 5 of 5
DEP 55-235 (06/03)
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 attachment.
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
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
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 of OMB Circular
A-133, as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://aspe.os.dhhs.gov/cfda.
REMAINDER OF PAGE INTENTIONALLY LEFf BLANK
DEP Agreement No. SC424, Attachment A, Page 1 of 5
DEP 55-215 (04/03)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State financial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the
recipient shall consider all sources of State financial assistance, including State financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2)(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 financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the
Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website htt\J:llwww.leg.state.fl.us/. Governor's Website http://www.flgov.coml. Department of Financial
Services' 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. 1n 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:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. SC424, Attachment A, Page 2 of 5
DEP 55-215 (04/03)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The 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 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 directlv to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
DEP Agreement No. SC424, Attachment A, Page 3 of 5
DEP 55-215 (04/03)
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, 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 LEFf BLANK
DEP Agreement No. SC424, Attachment A, Page 4 of 5
DEP 55-215 (04/03)
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SOLID WASTE MANAGEMENT
RESOLUTION NO. 279 - 2003
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
MONROE COUNTY FLORIDA, AUTHORIZING THE EXE-
CUTION OF A GRANT AGREEMENT WITH THE FWRIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
THE ACCEPI'ANCE OF SMALL COUNTY SOLID WASTE
GRANT FUNDS.
WHEREAS, by Resolution No. 218-2003, the Monroe County Board of
Commissioners authorized the submission of a grant application to the
Department of Environmental Protection for Consolidated Solid Waste
Management Grant funds; and
WHEREAS, the Florida Department of Environmental Protection has
awarded Monroe County a Small County Solid Waste Grant, in the amount of
$117,647.00; and
WHEREAS, the Florida Department of Environmental Protection has issued
Grant Agreement SC424 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 will become effective immediately upon adoption by the
Commission and execution by the Mayor and Clerk.
PASSED AND ADOPfED by the Board of County Commissioners of Monroe
County, Florida, at a meeting of said Board held on the 20th day of August 2003.
. . ..-,
.~__,_-: L.- _~~ ,_~ "__\...
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. . \ ....'
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(~E;At)
Mayor Spehar
Mayor Pro Tem Nelson
Commissioner Neugent
Commissioner McCoy
Commissioner Rice
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BOARD OF COUNTY COMMI~,~~~ ?
OF MONROE COUNTY, FWRfiJA"_~""}~:";"'d ,., . ',....
L))~ >n ~
Mayor/Chairperson
MONROE COUNTY ATTORNEY
A OVEO AS TO F
Attest:
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Danny . Kolhage, Clerk