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Resolution 274-2006 SOLID WASTE MANAGEMENT RESOLUTION NO. 274 - 2006 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY FLORIDA, AUTHORIZING THE EXE- CUTION OF A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE ACCEPTANCE OF SMALL COUNTY SOLID WASTE GRANT FUNDS. WHEREAS, by Resolution No. 207-2006, 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 $191, 176.00; and WHEREAS, the Florida Department of Environmental Protection has issued Grant Agreement SC724 as part of the grant awards; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The grant is hereby accepted and the Mayor is authorized to execute the grant contract. 2. This resolution will become effective immediately upon adoption by the Commission and execution by the Mayor and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 16th day of August 2006. Mayor McCoy Yes Mayor Pro Tem Spehar Yes Commissioner Neugent ~ Commissioner District IV Vacant Commissioner Patton BOARD OF COU OF MONROE ~ ....., Ye9C) 0: g 11 ---2: }> c:r"-. .'~;_ ::oZ>o ' OMZ c::: :-."j O~N~S :::; , FL~f\ - (2 z;,::c~c:" ....., -i ~--- ." ::.:0 =<0, :z fTi .;-1 ('") o :;;0 ~ Cl Mayor/Ch' erso~ ~ MONROE COUNTY ATTORNEY APPROVED AS TO FORM' hn' . v S~Y ASSIST T COUNTY ATTORNEY 7' ;ls-OG Job Bush Governor Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Colleen M. Castille Secretary 2006-2007 SMALL COUNTY SOLID WASTE GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART 1- GRANT NOTIFICATION INFORMATION 1. Grant Agreement Number: SC724 2. Date of Award: August 1, 2006 3. Grant Title: Small County Solid Waste Grant 4. Grant Period: October 1, 2006 or Execution (whichever is later) - September 30, 2007 5. Grant Amount: $191,176.00 6. CSFA # and Project Name: 37.0121Small County Grants 7. Grantee: Address: Monroe County 1100 Simonton Street, Room 2-231 Key West, Florida 33040 8. Grantee Fiscal Year End: September 30, 2007 9. Federal Employer Identification Number: 59-6000749 10. Grantee's Authorized Representative: Name: Title: Phone: Charles "Sonny" McCoy Mayor of Monroe County 305-292-4432 11. Grantee's Contact Person: Name: Title: Address: Phone: Carol A. Cobb Senior Administrator 1100 Simonton Street, Room 2-231 Key West, Florida 33040 305-292-4432 12. Total County population from official April 1, 2005 population estimates: 82,413 13. Issuing Office: Mr. Bobby Adams, Grant Manager Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste (MS4565) 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (850) 245-8736 DEP AGREEMENT No. SC724, Page 1 of 6 DEP 55-235 (06/06) "More Protection, Less Process" Printed on recycled paper. PART II - GRANT CONDITIONS GENERAL CONDITIONS: 1. The method of payment, for the period October 1, 2006 through September 30, 2007, will be on a reimbursement basis for direct costs only. 2. The Grantee, using forms prescribed by the DEP Grant Manager, 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 3D, 2007. A final reimbursement request must be submitted no later than October 31,2007. 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 htto:/Iwww.f1dfs.com/aadir/reference%5Fauide. 5. Expenditures shall be limited to allowable items as listed in the Solid Waste Grants Program Rule, Section 62-716.510, Florida Administrative Code. Allowable items include: 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; and, 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 the Grant period. The Grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been DEP Agreement No. SC724, Page 2 of 6 DEP 55-235 (06/06) awarded under this Grant Agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 7. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment A (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment A summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment A, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations RecipienllSubrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httos:/Iaoos. fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 8. Allowable costs may be expended under this Grant Agreement beginning on October 1, 2006 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 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, lellers, or other material 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. DEP Agreement No. SC724, Page 3 of 6 DEP 55-235 (06/06) 15. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain durin!1 the life of this Grant Agreement, Workers' Compensation Insurance for all of its employees conm~cted 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. 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 8, 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 31" 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 DEP Agreement No. SC724, Page 4 of 6 DEP 55-235 (06/06) entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Cate~lory Two, for a period of 36 months from the date of being placed on the convicted vendor list. 21. This Agreement represents the entire Agreement of the parties. Any alterations, variations, chan!leS, 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. THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SC724, Page 5 of 6 DEP 55-235 (06/06) PART III - 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 $191,176.00 Grant Application dated June 21, 2006, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: a:~~ &.u/ Charles F. Goddard, Chief Bureau of Solid & Hazardous Waste ;;,/,/~d? Date Approved as to form and legality: This form has been ore-aooroved as to Form and leaalitv bv Chris McGuire, Senior Assistant General Counsel. on Auaust 1. 2006. for use for one vear. In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. . "dU.> 1>"",.--n-_,,-I:lJ" ~.>i-'~ ~:~ <:.:' '..:/";~ AUG 1 6 2006 Signature of A orized, ~ '~'1!-'&'~0'i Charles "Sonny" McCoy!,;:;' ';" . ~~n} Mayor of Monroe coun~i'\" I ~,i ,'{" ,..; ,.$" ,. \ Please return to' ';,:, , """'" . ''''''''.'<,..> ~:;-c"c;J;""~r" Department of Environmental protection' Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Date MONROE COUNTY ATTORNEY APPROVED AS T~ ~AAA~ - SUSAN M. GRI LEY ASSISTANT ~OUNTYATTORNEY Date - ':Lf& () t., Specify Tvpe Letter/ Number Description (include number of paaes) ..... :x = .." 0 c:> 0 :0- .... ; - :z: ::On~ "'"' r'f1 c: "'=; or""":: G") rT\ A-- W .'\1 o. r CJ 00' .-.'.~ c:: :::;i :::~ .." ~::I ~(-)L'. :It i::2 -<-{-.- ~ ' . ... . ~.-.. C) ..." ,,:.... ::.) r . C) :J> rT\ &" List of attachments/exhibits included as part of this Agreement: Attachment Attachment A B Special Audit Requirements (5 Pages) Property Reporting Form (1 Page) DEP Agreement No. SC724, Page 6 of 6 DEP 55-235 (06/06) 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 audlolC 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, liroited scope audits as defmed by OMB Circular A-133, as revised, audioI' other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with auy monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection detl'rmines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with auy additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with auy inspections, reviews, investigations, or audits deemed necessary by the ChiefFinaucial 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 orgauization as defmed in OMB Circular A-133, as revised. I. In thl' event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordauce 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 accordauce with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordauce with the provisions of OMB Circular A-133, as revisl'd, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revisl~d. 3. If thl' recipient expends less than $500,000 in Federal awards in its fiscal year, au audit conducted in accol'dauce with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less thau $500,000 in Federal awards in its fiscal year aud elects to have au audit conducted in.accordauce with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other thau Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httD://l2.46.245.173/cfda/cfda.html. DEP 55-215 (04/U6) DEP Agreement No. SC724, Attachment A, Page I of 5 PART II: STATE FUNDED This part is applicable ifthe recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,1000 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 Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistlIDce awarded through the Department of Enviromnental Protection by this Agreement. In determining the State fmancial 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 Enviromnental ProtelOtion, 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 cOlmection with the audit requirements addressed in Part II, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local govermnental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General. 3. If the recipient expends less than $500,000 in State fmancial assistance in its fiscal year, an audit conducted in ac"ordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 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 httos://aoos.fldfs.com/fsaaJ or the Governor's Office of Policy and Budget website located at htto://www.ebudeet.state.fl.us/for assistance. In addition to the abow websites, the following websites may be accessed for information: Legislature's Website !!!!J1;L/www.lee.state.fl.uslWelcome/index.cfrn, Governor's Website htto://www.mvflorida.com/. Department of Financial Services' Website htto://www.fldfs.com/and the Auditor General's Website !!!!J1;L/www.state.fl.us/audeenloaeeslflsaa.htm. 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(8), Florida Statutes, State agencies may conduct or arrange/or audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the fUll cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf ofthe recipient directlv to each of the following: DEP 55-215 (04/06) DEP Agreement No. SC724, Attachment A, Page 2 of 5 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 lOth Street Jeffersonville, IN 47132 C. Otber Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB Circular A-133, as revised. 2. Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a copy of the repo"ting 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 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. Copi<:s of financial reporting packages required by P ART II of this Attachment 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 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (04106) DEP Agreement No. SC724, Attachment A, Page 3 of 5 4. Copie:; of reports or management letters required by PART 1I1 of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-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. 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