Loading...
HomeMy WebLinkAboutexhibit IBID NUMBER: RFP!DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ATTACHMENT I URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 _, by and between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the Department and the Town of Valdermere, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 005-67 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in the Grant Application); WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the project; and WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Town of Valdermere. Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better, unless otherwise agreed upon in writing by the Urban Forestry Coordinator. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees or (ii) pruning such parts thereof which present a hazard; (8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and replacing those that fall below original Project Standards. (9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C. The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthermore, the Entity (Subrecipient) shall keep litter removed from the project area. The above named functions to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is 53 BID NUMBER: RFP!DF-04105-99 OPENING DATE: JUNE 30, 2006 @ 2:00 P.M. the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. This Agreement may be terminated under any one of the following conditions: (1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable written notice. (2) By either party following sixty (60) calendar days written notice. (3) By both parties following the complete execution by both parties of an agreement to terminate this agreement. C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity (Subrecipient) shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of the grant award. (2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award. If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. (3) E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Entity (Subrecipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor any of its sub -contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of Agreement, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. H. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. AD notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau, 3125 Conner Boulevard, Suite R-3, Tallahassee, Florida 32399-1650 or at such other address the 54 BID NUMBER: RFPIDF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. Department may from time to time designate by written notice to the Entity (Subrecipient); and If to the Entity (Subrecipient) addressed to: Ms. Bernice Celia Town of Valdermere Post Office Drawer 669 Windermere, Florida 34786 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. J. Time is of the essence of this agreement. It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. 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 conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider ail sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F. S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F. S. 66 BID NUMBER: RFPIDF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F, S. The Recipient is required to 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 of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding agency 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. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities financial statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditees written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399 0800 (b) The Auditor Generals Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302 1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipients) books for compliance with the above applicable circulars. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 56 BID NUMBER: RFP/DF-04/05.99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. BY: BY: TITLE: STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Director, Division of Administration Town of Windermere Name of Entity (Subrecipient) 67