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06/21/2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LITTER CONTROL AND PREVENTION GRANT AGREEMENT KEEP AMERICA BEAUTIFUL SYTEMS - 05/06 ~CouueyOM.'II08b~ llorJ1 5"1- bCUJ14ro / ) /l!4J/(M f}y ~.;:o/a:: This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter referred to as "the RECIPIENT," for Clean Florida Keys, a Certified Keep America Beautiful System. WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Sections 334.044 and 403.4131, Florida Statutes, to enter into this Agreement; and WHEREAS, state grant funds in the amount of $846,000 have been appropriated for fiscal year 2005/2006, to provide for local grants pursuant to Section 403.4131(5), Florida Statutes; and WHEREAS, Section 403 .4131 (5), Florida Statutes, directs the DEP AR TMENT to establish a system of grants for municipalities and counties to implement litter control and prevention programs; and WHEREAS, in addition to the activities described in Section 403.4131(1), Florida Statutes, such grants shall, at a minimum, be used for litter cleanup, grassroots, educational programs involving litter removal and prevention, and placement of litter and recycling receptacles. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1. The RECIPENT shall furnish the services as described in Exhibit "A," attached hereto and made a part hereof, hereinafter referred to as the "PROJECT". 2. The RECIPIENT agrees to undertake the PROJECT in accordance with all applicable federal, state, and local statutes, rules, and regulations. 3. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the RECIPIENT and of the details thereof. The RECIPIENT shall maintain coordination with representatives of the DEPARTMENT. 4. The RECIPIENT shall not sublet, assign, or transfer any work under this Agreement without prior written consent of the DEPARTMENT. 5. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Florida Department of Transportation 605 Suwannee Street, Mail Station 61 Tallahassee, Florida 32399-0405 TO RECIPIENT: Board of County Commissioners of Monroe County Attn: Clean Florida Keys 1100 Simonton Street, Suite 2-205 Key West, Florida 33040 6. The RECIPIENT shall commence the PROJECT activities subsequent to the execution of this Agreement. All work-performed prior to the execution of the Agreement will not be paid. 7. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 8. The DEPARTMENT'S participation in the estimated cost of the PROJECT is described in Exhibit "A." All costs charged to the PROJECT and grant match shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. The advanced amount shall be paid to the RECIPIENT after execution of this Agreement and within the fiscal year of the project's funding in the DEPARTMENT'S Adopted Work Program as of the date of execution. The RECIPIENT will submit an invoice for the advance. Any unexpended and not accounted for fund, or funds not spent in accordance with the contract, must be returned to the DEPARTMENT within thirty (30) days of the completion/termination of the project. 9. Payments shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(4), Florida Statutes. 10. Bills for fees, other compensation for services, or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. II. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. 12. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the RECIPENT'S general accounting records and the project records, together with supporting documents and records of the RECIPIENT and all subcontractors performing work on the project, and all other records of the RECIPIENT and subcontractors considered necessary by the 2 DEPARTMENT for a proper audit costs. 13. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal, or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 14. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a 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, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 15. The DEPARTMENT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the RECIPIENT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 16. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 17. To the extent allowed by Section 768.28, Florida Statutes, the RECIPIENT hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents, or employees from all suits, actions, claims, demands, or liabilities of any nature whatsoever arising out of any act, error, omission, or negligent act by the RECIPIENT, its officers, agents, employees, contractors/subcontractors, or consultants/sub consultants under the Agreement. Neither the RECIPIENT nor any of its officers, agents, employees, contractors/subcontractors, consultants/sub consultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or 3 employees. The RECIPIENT agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/sub consultants who perform work in connection with this Agreement. 'The contractor/consultant shall indemnify, defend, save, and hold harmless the Florida Department of Transportation and all its officers, agents or employees from all suits, actions, claims, demands, or liability of any nature whatsoever arising out of, because of, by any negligent act, or by any occurrence of omission or commission of the contracts, by its officers, agents or employees. Neither the contractor/consultant, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Florida Department of Transportation or any of its officers, agents or employees." 18. The County is a self-insured political subdivision of the State of Florida and shall, during the period of this Agreement, maintain adequate coverage to meet the State's requirements for general liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. The RECIPIENT is a political subdivision of the State of Florida the officers and fiscal agents thereof are bonded pursuant to State law. 19. The RECIPIENT shall also carry and keep in force Workers' Compensation Insurance as required by the State of Florida under the Workers' Compensation Law. 20. The RECIPIENT shall comply with all audit report, monitoring, and state audit and reporting requirements as specified in Attachment C, incorporated and made a part of this Agreement. 21. The RECIPIENT shall 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 RECIPIENT in conjunction with this Agreement. Failure by the RECIPIENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. 22. The RECIPIENT shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. 23. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. 24. The RECIPIENT and the DEPARTMENT agree that the RECIPIENT, its employees and its subcontractors are not agents of the DEPARTMENT as a result of this Agreement. 4 25.This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest ofthe DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation ofthe Agreement in the event the RECIPIENT shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Agreement may be canceled by the RECIPIENT upon sixty (60) days written notice to the DEP AR TMENT. If the Agreement is terminated before performance is completed, the RECIPIENT shall be paid only for that work satisfactorily performed for which costs can be substantiated. 26. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 27. This Agreement shall not be construed to grant any third party rights. 28. In no event shall the making by the DEPARTMENT of any payment to the RECIPIENT constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist on the part of the RECIPIENT, and the making of such payment by the DEP AR TMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. 29. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 30. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement thus remains in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 31. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. 32.Time is of the essence as to each and every obligation under this Agreement. 5 IN WITNESS WHEREOF, the parties have ca~ed this Agreement to be executed by their authorized representatives, this ~ day of ~" ' , 2006. STATE OF FLORIDA DEPARTMENT F TRANSPORTATION BY: BY: {."PROVED FUN , ~N",li ROBIN NAITOVf .r:I~"""'"".' . JUN 0 5 2006 Comptroller U' Legal Review: P (, ; MONROE COUNTY ATTO VEO AS T Data :J: ..... c .... ." 0 ~ :z: )> r= ::00% c... fT1 or-x c:: 0 "':><-< r- ." ("'). r- 0 0(")' C:.30~ ;;<J z. a "'"' :0 -f("), :x fT1 ::<:-i2= n p r:e 0 ..." C> r- ::0 l> fT1 ~ 0 ~ 6 FLORIDA DEPARTMENT OF TRANSPORTATION KEEP AMERICA BEAUTIFUL SYSTEMS LITTER PREVENTION EDUCATION GRANTS PROGRAM Exhibit" A" 1.0 SERVICE OBJECTIVE: The RECIPIENT shall assist the Florida Department of Transportation (FDOT) in meeting the objectives of the Statewide Litter Reduction/Prevention Education program and Recycling Education program as provided in Section 403.4131, Florida Statute: A. Implementing, administering and promoting the annual Great American Cleanup within the local community. B. Implementing, administering and promoting Litter Prevention Education within the local community. c. Promoting and securing Adopt-A-Highway participation in the local KABS communities and events. D. Implementing, administering and promoting a minimum off our (4) Program Activity Options as specified and agreed upon in Attachment "A". E. Maintaining a Web-site as specified. F. Supporting the departments litter prevention education programs through the RECIPIENT'S public information, public affairs and volunteer service programs. G. Maintain or obtain Keep America Beautiful Certified System status during the agreement period. H. Employing a part or full-time program manager during the agreement period. J. Functioning as a public/private partnership with a working Board of Directors. J. By matching FDOT funds as provided in this agreement, at a 1/1 ratio. 2.0 SERVICE PERIOD: The service shall commence from the FDOT date of execution. This Agreement is subject to cancellation, without penalty, if funds are not appropriated by the Florida Legislature, or otherwise made available to FDOT. 3.0 DESCRIPTION OF SERVICES: The RECIPIENT shall perform the following services: 3.1 The Great American Cleanup is an annual event, held each March and April, with the purpose of bringing a coordinated effort towards cleaning up local communities within the state. The RECIPIENT shall be the local community coordinator for this event. The RECIPIENT shall include appropriate inclusion in RECIPIENT'S publications, arrange informational meetings and media releases necessary to increase local participation this annual event. RECIPIENT shall include the official logo of the FDOT on all material. RECIPIENT shaH provide FDOT with a copy of the KAB, Great American Cleanup wrap-up report as part of the reporting requirements. 7 3.2 The RECIPIENT shall conduct Litter Prevention Education workshops/seminars and other educational presentations within the local community. Every effort will be made by the RECIPIENT to utilize already approved and established Keep America Beautiful educational material, as well as environmental education material recommended in the EP A publication, "Environmental Education Materials Guidelines for Excellence". RECIPIENT, when possible, will include the official FDOT logo on all printed educational material. RECIPIENT shall supply FDOT with original copies of all educational material purchased or developed with FDOT funds. 3.3 The RECIPIENT shall assist FDOT at the local community level with the State's Adopt-A-Highway education program. The RECIPIENT shall assist FDOT in increasing participation at the local level, and shall include local Adopt-A-Highway participants in Keep American Beautiful systems program activities and mail-outs. 3.4 RECIPIENT agrees to conduct / complete all Program Activity Options as contained in "Attachment A". RECIPIENT shall submit a Program Activity Progress Report, on a quarterly basis to FDOT, as part of the reporting requirements. 3.5 RECIPIENT shall maintain a Web-site. FDOT funds may be used to create, post to, and maintain said web-site. Said Web-site at a minimum must contain the current: 1. KAB Systems Board of Directors and Executive Committee Members KAB Systems Executive Director's name and title KAB Systems street address and mailing address KAB Systems e-mail address and web-site address KAB Systems calendar of events KAB Systems 2004/2005 Annual Report KAB Systems 05 GAC Report Governor and Lt. Governor's names State of Florida official web-site address (www.myflorida.com) 10. KAB logo may be displayed, and link provided II. FDOT logo must be displayed 12. FDOT State Adopt-A-Highway web link (www.dot.state.fl.us/statemaintenanceoffice) and Statewide Litter- Hotline number: 1-800-BAN-LITT (er) /1-800-226-5488 2. 3. 4. 5. 6. 7. 8. 9. 3.6 RECIPIENT shall support FDOT'S litter prevention education programs through the RECIPIENT'S normal network of seminars, speeches, newsletter, educational programs, web sites, conferences, and other communication activities. 8 3.7 The RECIPIENT, during the agreement period, is required to maintain their - Keep America Beautiful Certified System status. If the RECIPIENT is declared to be de-certified by Keep America Beautiful, Inc., the RECIPIENT may be subject to immediate cancellation ofthis Agreement. 3.8 The RECIPIENT, during this agreement period, is required to employ a part time or full time program manager. If the RECIPIENT experiences a vacancy in this position, they are required to immediately notify FDOT so as not be found in default. FDOT will reserve the right to cancel or continue this Agreement based on the duration of the vacancy and ability of RECIPIENT to fulfill this Agreement. 3.9 The RECIPIENT, during this agreement period, is required to maintain a working Board of Directors. The RECIPIENT shall submit to FDOT a complete listing of the members of the Board of Directors. Said list shall contain the names, addresses, phone numbers and affiliation of each board member. Said list shall identify the President, Vice President, Secretary, and Treasurer of the organization. The RECIPIENT shall submit copies of the minutes of the Board of Directors meetings to FDOT as part of their required reporting. RECIPIENT shall adhere to the laws of the State of Florida in relation to meeting in the Sunshine. 3.10 The RECIPIENT is required to match all FDOT funds awarded under this agreement, at a 1/1 ratio. All matching funds and in-kind donations must be documented and included as a part of the RECIPIENT'S required quarterly reporting. Upon the signing of this Agreement, the RECIPIENT'S submitted Form FDOT PBl, Attachment "B", shall become part of this agreement. Form FDOT PBl may be amended and approved as necessary by FDOT. 3.11 The RECIPIENT may use Microsoft Office Professional XP and Internet explorer when meeting the requirements of this Agreement. 4.0 SCHEDULE OF WORK: 4.1 Upon signing of this agreement, the RECIPIENT'S submitted Work Plan and Program Activity Options, Attachment "A", shall become a part of this Agreement. The Work Plan and Program Activity Options may be amended and approved as necessary by FDOT. 4.2 RECIPIENT shall submit to FDOT for review progress reports of activities within 10 days of the end of each report period as part of their reporting requirements. For the purposes of this Agreement, progress report due dates are: June 30, 2006, September 29, 2006, and December 29, 2006. The Final Report and DOTIKABS Annual Report which includes, but is not limited to, the summary and receipts totaling grant amount, the grant match with summary and supporting documentation, the listing of all in-kind documentation, the KAB 2006 system's Annual Report, and the summary ofprojects as provided for in Attachment "A," is due by December 29, 2006. (Please submit your Final DOT/KABS report in a 3 ring binder with an index). 9 5.0 PRINTING: 5.1 No printing for the sole use of FDOT will be done under this Agreement. RECIPIENT shall be responsible for obtaining all printing required to accomplish this Agreement through their normal channels. 5.2 All purchases of printing in excess of $1 000 require a minimum of three written bids. RECIPIENT shall use reasonable efforts to include at least one bid from a MBE RECIPIENT. The RECIPIENT shall retain documentation of competitive bids. 5.3 All printed materials produced under this agreement with the use ofFDOT funds, in full or part, shall contain the following language in no less than a I Opt font. "The printing of this material has been made possible through funds provided by the Florida Department of Transportation". All material printed with the use ofFDOT funds shall display the official FDOT logo. 6.0 COMPENSATION: 6.1 The total compensation for this service shall not exceed $ 19,150. Currently only $9575 to be paid in advance is available for services under this agreement. The RECIPIENT shall not perform services in excess of the currently available amount until advised in writing by the Department that remaining funds have been made available and encumbered. The remaining funds will become available for advancement upon encumbrance. Bills for travel expenses specifically authorized by this agreement shall be submitted and paid in accordance with Section 11.061, Florida Statutes. Approved costs incurred by the RECIPIENT during the contract period shall be in accordance with the following: a) All direction, art work, training materials development, training, special events coordination or organization, and program promotion shall be on an hourly basis in accordance with RECIPIENT'S expended time toward completion of each project. b) RECIPIENT shall provide hourly rates for each project. RECIPIENT'S hourly rate will be multiplied by the hours reported by the employee to arrive at the cost for work performed during submission period. The rate of $20.00 per hour shall be considered the maximum allowable hourly rate. c) The cost of services rendered or materials produced by organizations not a part of the RECIPIENTS'S organization, (out of house expenditures) shall be at actual cost. d) All long-distance telephone calls, mailing, shipping and photocopying shall be at actual cost. 10 e) The RECIPIENT shall submit FDOT's Request for Reimbursement Form (FDOT R4R) to the address indicated on the form at the end of each quarter. The request shall include the following support documentation: 1. paid invoices for purchases of all services 2. paid invoices for outside or out of house expenditures 3. receipts for other direct costs 4. copies of cancelled checks 6.2 The FDOT Request for Reimbursement Form will be used to document expenditures incurred as payment was made in advance of incurring costs. 7.0 INELlGIABLE EXPENDITURES / ACTIVITIES 7.1 Purchase, lease or other costs associated with personal cell phones, pagers, beepers and personal e-mail addresses are not an acceptable expenditure under this agreement. 7.2 No funds received pursuant to this agreement may be expended for lobbying the legislature, the judicial branch or a state agency. This agreement shall not be construed to grant any third party rights. 7.3 No funds will be used for construction projects. 7.4 FDOT funds may not be used to cover in part or full, costs direct or indirect, of fundraising activities or fundraising events. 7.5 No reimbursement will be made for partial per diem for non-overnight travel. 7.6 No reimbursement will be made for tips, gratuities, alcohol, valet parking, or any purchases not directly related to the purpose of the travel. 7.7 No reimbursement will be made for food or drink items. 8.0 RECORDS AND AUDITS: The RECIPIENT shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this agreement for a period of three (3) years from the date of final payment, or until all audit matters, litigation or claims have been resolved. FDOT and the Florida State Auditor shall have reasonable access to the records described in the preceding paragraph during regular business hours during the service period and for the period set forth in the preceding paragraph for the purpose of making audits, examinations, excerpts and transcripts. 11 9.0 DISPUTES: The RECIPIENT shall be responsible for the settlement of any contractual or administrative disputes arising out of the subcontracts entered into in support of the contract work. 10.0 INDEMNIFICATION: The RECIPIENT shall save harmless FDOT from all claims and liability due to activities of itself, its agents or employees performed under this Agreement and which result from negligence, recklessness, or intentional wrongful misconduct of the RECIPIENT, or any person employed by the RECIPIENT. The RECIPIENT shall also save and hold harmless FDOT from any and all expenses, including attorney fees, which might be incurred by FDOT in litigation or otherwise resisting said claim or liability which might be imposed on FDOT as the result of such activities by the RECIPIENT, its agents, or employees. 11.0 CANCELLATION: FDOT may cancel this agreement at any time before the date of completion. FDOT will provide a minimum of 30 days written notice prior to the effective date of cancellation and will specify the effective date of cancellation and reason(s) for cancellation. Upon cancellation of this Agreement, whether for cause or convenience, all finished or unfinished documents, data, reports, models, photographs, scripts, plans, programs, etc., prepared by the RECIPIENT utilizing FDOT funds shall become the property ofFDOT. 12.0 SUCCESSORS AND ASSIGNS: The RECIPIENT binds the company, self, successors, assigns, executors, and administrators in respect to all covenants of this Agreement. The RECIPIENT shall not assign, sublet, or transfer his interest in this agreement without the written consent of the FDOT. The RECIPIENT shall comply with all federal, state, and local laws and ordinances, applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. The RECIPIENT and FDOT agree that the RECIPIENT, its employees, and sub-contractors are not agents ofFDOT as a result of this Agreement. 12 FDOT GRANT REPORTING FORM through ( Period) Dates RECIPIENT Name: Monroe County Board of County Commissioners for Clean Florida Kevs. a Certified KAB Svstem Grant Amount: $ . Budget Approved Total Amount Used Amount Remaining Annual All Prior Used This Category Expenditure Quarters Quarter Balance Salaries Office Supplies/Rent Telephone Postage Printing Program Materials Travel/Meetings Office Equipment" Column Total . Budget categories may be modified to accommodate the local KABS budgets. .. Please note property purchased with FOOT funds on separate paper. Authorized/Submitted by: Approved by: Date: Date: LOCAL PROGRAM ACTIVITIES: Total number of Adopt-A-Shore Groups to date: Total number of groups' conducting litter cleanups: Total number of volunteer' hours for litter removal: Total pounds of Iitter'collected: Total number of volunteer' hours for other activities: *inclusive of all pickup activities for your organization Total dollar amount of cost benefits in local community: Volunteer dollar benefit: hours x $6.20 = $ Litter dollar benefit: pounds divided by 2,000 = _tons _ Tons x tipping fee of $ per ton = $ Total cost benefits: (grant award match requires supporting documentation) Volunteer Hours: $ Litter dollars: $ In-Kind dollars $ Cash contributions $ Other cash funding $ Total cost benefits $ Total cost benefits $ (for this quarter) (all quarters to date) Date: 13 FLORIDA DEPARTMENT OF TRANSPORTATION FORM FOOT PB 1 ** PROPOSED BUDGET FOR USE OF FOOT FUNDS FOOT FUNDS* MATCHING FUNDS $10.532.50 Salaries (gross amount) Employer portion FICA Employer portion unemployment Employee Benefits LiabilitY & Other Insurance Rent Telephone * Utilities Office Equlpment* 8.617.50 Office Supplies Program Supplies Advertising Printing Volunteer Recognition Travel * Employee Training Internet access Web-site Educational Material * KAB 04/05Annual Dues $ 19. 1 50.00 Total FOOT Funds $ 19.1 50.00 Total Matching $ 19.1 50.00 * see Items below.! .. May be modified/or local systems ************~************************************************************* ****************************************** . Teleohone - the use of FOOT funds for the purchase/lease or monthly charges related to oersonal cell phones, beepers or pagers are not allowed. . Office Eauloment - the purchase of computers, computer software, fax machine, copiers and other office equipment with an expected life of 5 years or more may be purchased with FOOT funds. All equipment purchased with FOOT funds will become the property of the FOOT In the event the grantee organization Is dissolved. (Please document these purchases and Include the Invoices In your quarterly reports) . Food & Drinks - State funds cannot be used for the purchase of food or drink Items. . Travel - State rates shall be used when available. Travel and per-diem expenses shall be In accordance with Section 112.061, Florida Statutes (see attached). · Educational Material - Wherever possIble, the applicant will utilize already accepted and established educational material rather than develop new material. The department recommends the use of the EPS publication "Environmental Education Materials: Guidelines for Excellence" In developing educational material. Before developing or purchasing new educational material other that the ones listed, the applicant should contact the FOOT for approval. · Total FOOT Funds reauested - the total amount of FOOT funds requested might not exceed the maximum amount allocated by the department as stated In the proposal guidelines. · Total Matchln2 - AI: 1 match of FOOT funds Is required. The total matching should reflect cash, In-kind donations, anticipated volunteer hours ($6.20 per hour value or minImum wage), donation of equipment and other materials. The department encourages additional matching funds where possible. You may use other State or Federal funds as a match, but no other FOOT funds, either directly or Indirectly may be used as a match to this program. Cash, In-kind and other matches, must be documented in the required reporting. FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT II A" PROGRAM ACTIVITY OPTIONS Please check all activities that your affiliate will conduct at the local level during the grant period ending December 2006. The applicant must identify a minimum of 3 additional activities, which will be completed during the funding pertod for a total of 8 activities. Return this completed form with your proposal application. If awarded funds, this document will become a part of the award agreement between the FOOT and the applicant. Already checked 5 activities are required components, and cannot be counted towards the required 3 additional activities. All 8 programs must be conducted within your local communities. ~ GAC - cleanup (March/April) (required) _ Florida Coastal Cleanup (Sept/Oct) ~ Litter prevention community presentations (required) _ Litter prevention education PSA's ~ Adopt-A-Highway promotion (required) ~ Adopt-A-Shore (required) ~ 06 Keep America Beautiful Award Submission (req.) Electronic Recycling partnership with SWIX - America Recycles Day Activities (November) Litter Hotline Environmental court _ Local Litter enforcement programs _ Graffiti Hurts workshops / program implementation Litter free events _ Community gardens ~ Recycling / reuse projects / programs _ Local Waste exchange ~ Recyclables collection program / special projects _ Close the Loop/Buy Recycled presentations _Illegal dumping hotline _ Recycling education _ Marine Debris abatement programs/projects _ Local Adopt-A-Road (County) _ Adopt-A-Spot _ Adopt-A-Median _ Local Adopt-A-Street (City) _ Clean Builders program _ Litter receptacle placement _ Christmas tree Recycling (Dec) _ Litter ordinance improvements _ Waste in Workplace education ~ Graffiti abatement _ Neighborhood improvement programs _ Business / School Recycling _ MSW community presentations _ Composting _ "Get a Grip" video presentation _ Charge up to Recycle presentations _lllegal dumping abatement _ Tree planting/reforestation projects _ School Programs/Educational Fairs Other ATTACHMENT - "C" PROJECT AUDIT REQUIREMENTS Financial Project No. Contract No. Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOrs Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year from all sources including Federal resources received from the Department, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133. Federal resources awarded through the Department by this Agreement are shown below. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by OMS Circular A-133. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133 will meet the requirements of this Section. 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 OMS Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance from all state agencies and nonstate entities equal to or in excess of $500,000 in any fiscal year of the recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, the applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. State financial assistance awarded through the Department by this Agreement are shown in Exhibit D. State financial 16 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 Chapter 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 the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSF A) title and number, award number and year, and name of the state agency awarding it. Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to 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 (I), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: In addition, pursuant to Section .320 (I), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 17 3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 6. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with OM 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 Agency in correspondence accompanying the reporting package. FEDERAL RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: STATE RESOURCES AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: MATCHING RESOURCES FOR STATE PROJECTS: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A 18 Part V Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Part VI Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Part VII Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 19 ~ Florida Department of Transportation IEB BUSH GOVERl'!Oa 605 Suwonnee Street Tallahassee, FL 32399-0450 D~NVER .J. S1"UTLER, JR. SECRETARY January 26, 2006 Department of Financial Services Judy Sarvis Bureau of Auditing Room 440A, The Fletcher Building Tallahassee, FL 32399-0350 Dear Ms. Sarvis: The Department is requesting a waiver to make an advance payment in a manner other than required by Section 215.422 F.S. The Florida Legislature has appropriated $846,000.00 in state grant funds for fiscal year 200512006, to provide for local grants pursuant to Section 403.4131(5), F.S. to Florida Certified Keep America Beautiful Systems. We would like to request the authority to disburse these funds in lump sum to each of the 44 systems. This will alleviate the cost of processing 44 reimbursements 4 times a year totaling 176 transactions which would be processed by the DOT Comptroller's Office. A hard copy of the agreement is attached for your review. The goods and services are essential to the operation of the Department of Transportation and are only available if advance payment is made. Your review and approval are appreciated. If you need additional information, please call me at 414-4678 or by fax at 414--4490. ADVANCE PAYMENT APPROVED DEPARTMENT OF FINANCIAl SERVICES OMSION OF ACCOUNTI~ AUO,!TlNG BY: f).v d!t t/~ DATE: tl /. 7. tJ tP Sincerely, 4~ Vincent D. Gerheim, Jr. Deputy Comptroller Disbursement Operations Office VDG/as Attachments www.dot.state.fl.Us * FECVCu:tJ ~^~ .-.c. . II - .. I ~d .. . " .. .1 ". . Renuka Patel/CO/FDOT 06/07/200608:03 AM To Hendra Seott/CO/FDOT@FDOT ee bee Subject Fw: FUNDS APPROVAL/REVIEWED FOR CONTRACT AOF24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AOF24 Contract Type: Vendor Name: MONROE COUNTY BO Vendor ID: VF596000749011 Beginning date of this Agmt: 06/05/06 Ending date of this Agmt: 12/29/06 Method of Procurement: ************************************************************************ ORG-CODE *EO (FISCAL YEAR) AMENDMENT ID *OBJECT * BUDGET *SEQ. * AMOUNT ENTITY *USER ASSIGNED ID *FIN PROJECT *FCT *CFDA *CATEGORY/CAT YEAR *ENC LINE(6S)/STATUS ************************************************************************ Action: ORIGINAL Funds have been: APPROVED 55 621000954 *HM 2006 0001 *730055 * *55150200 *00 * 19150.00 *40975017403 *088850/06 *0001/04 *493 * TOTAL AMOUNT: *$ 19,150.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 06/06/2006 Florida Department of Transportation JEB BUSH GOVER1'lOR 605 Suwannee Street Tallahassee. FL 32399-0450 DENVER J. STUTLER, JR., SECRETARY MEMORANDUM DATE: March 9, 2006 COPIES: Lowell Clary, Assistant Secretary for Transportation Support Y sela 110rt, Assistant Secretary for Intermodal Systems Development " Kevin J. Thibault, Assistant Secretary for Engineering & Operations ~ Executive Committee, Personnel & General Counsel TO: FROM: SUBJECT: Delel!:ation of Sil!nature Authoritv You are delegated signature and approval authority anytime during my absence from the office. This delegation will remain in effect until rescinded by me. In the event all of you are out of the office, signature authority is delegated to Ananth Prasad and Stephanie Kopelousos. Signature should be made in your name "for the Assistant Secretary for Engineering and Operations." All documents requiring signature and/or approval under this delegation should be forwarded to my office for proper coordination/logging prior to signing. This delegation replaces all previous delegations. Please ensure my office receives a reading file copy of all correspondence (letters and memorandums) you sign for me. KJT Ipc www.dot.state.f1.us