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EXHIBIT 1
URBAN AND COMMUNITY FORESTRY (U&CF)
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into thi5"the /8 day of tun
and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVI ES, State of Florida,
hereinafter called the "Department" and the City of Miami, hereinafter called the Entity (Subrecipient).
WITNESSETH '"
WHEREAS, the Department desires to increase the application of the principles of_urban-and.
community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in
grant application Number 05H2-27, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664
WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of
the state would benefit from the implementation of urban and community forestry projects that improve
our communities through the proper care of trees and related plant materials;
WHEREAS, the Entity (Subrecipient) by Resolution No. R-05-0743, dated December 15, 2005,
has indicated its support of the grant application and authorized its officers to execute this Agreement
nn its behalf; agree as follows:
A. Failure by the Entity (Subrecipient) to sign and return this agreement,.within 60 days
upon receipt of the agreement, shall constitute forfeiture of the award.
13:= ----The contract -:is valid=upon executionIthrough:`==September_30;.2007._
I I
C. The Entity (Subrecipient) has estimated the project cost to be $46,725 as shown on the
grant application budget sheet attached as Exhibit B. The Department agrees to
reimburse to the Entity (Subrecipient) the total sum of $31 725 or seventy five percent
(75%) of the final approved project costs, whichever is less (the "Grant Amount"). 'l he
Grant Amount is limited to only those items which are directly related to this project as
described in Exhibits "A" and "B". Project costs for which the applicant has already
received reimbursement from any other source are not eligible for funding under this
grant.
D. The Entity (Subrecipient) agrees to maintain plant materials established as a part of
project for a period of three years and enter into an agreement which designates and
sets forth the duties and responsibilities of the parties in maintaining the project.
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E. The project to be performed by the Entity (Subrecipient) shall be subject to periodic
inspections by the Department. The Entity (Subrecipient) shall not change or deviate'
from the project without written approval by the Department.
The Entity (Subrecipient) agrees to submit to the Department an interim report on project
accomplishments quarterly (December 31, March 31, June 30 and September 30).
Failure to 'submit a required report or submission of an unsatisfactory report is sufficient
grounds for termination of this agreement.
G. Reimbursements can be made on a quarterly basis, if requested. No advance
payments will be provided. Applicants must submit a completed reimbursement
summary sheet to the Department with sufficient attachments to verify the claims made.
These may include invoices, receipts, canceled checks, payroll log sheets,'etc. No more
than 75 percent of the grant amount will be paid to the Entity (Subrecipient) prior to the
submission of a completed Certification of Acceptance endorsed by the Department.
The final payment shall be made once the following documents are received:
(1) Certification of Acceptance endorsed by a Division of Forestry official.
(2) Final Reimbursement Summary Sheet with attached backup documentation.
(3) Brief narrative summarizing project accomplishment. -
(4) News release to be submitted to a local publication crediting the U.S. Forest
Service for providing funding.
(5) Letter of appreciation to the local congressional representative.
For installed plant materials, a sixty (60) day grow -in -period will be required after project
completion. Certification of Acceptance by the Department may be requested sixty (60)
days after project completion.
H. The Entity (Subrecipient) must submit the final claim for reimbursement.to the
Department on or before November 30,12007.
I. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other '-
printed material, videos, audio recordings, films and photographs produced as part of
this-7projecf:sliaU=riot=be=-restricted_urider_the.copyright.Jaws_Qf...the_United._Stat io.
America. All products (brochures, signs, videos, etc.) funded by the Urban and
Community Forestry Grant must display a statement that the material has been prepared
using Urban and Community Forestry grant funds received through the U.S. Forest
Service.
Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect
and approve goods and services, unless bid specifications or the purchase order specifies otherwise.
With the exception of payments to health care providers for hospital, medical, or other health care
services, if payment is not available within 40 days, measured from the latter of the date the invoice
was received or the goods or services are received, inspected and approved, a separate interest
penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and
payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the
Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552. invoices returned to
an Entity (Subrecipient) due to preparation errors will result in a payment delay. Invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof. Bills for travel expenses specifically authorized
by this Agreement shall be.submitted and paid in accordance with the rates specified in Section
112.061, Florida Statutes. All approved travel expenditures must be submitted on a State travel form
(see Attachment F).
Purchases of $2,500 to $25,000 shall becarried out documenting two or more written
quotations or written record of telephone quotations or informal bids to be opened upon receipt,
whenever pTactica -Competitive 'sealed bidding is required for all purchases exceeding $25,000.
Justification must be provided for a sole source award or for an award to a vendor other than the
vendor submitting the lowest bid or quote.
A Vendor Ombudsman has been established within the'Department of Financial Services. The
duties of this individual include acting as an advocate for Entities (Subrecipients) who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman
may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline,
1-850-410-9724.
This Agreement may be terminated under any one of the following conditions:
A. The Department of Agriculture and Consumer Services shall have the right of unilateral
cancellation for refusal by the Entity (Subrecipient) to allow public access to all
documents, papers, letters or other material made or received by the Contractor in
conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of
the State Constitution and s. 119.p7(1), Florida Statutes.
B. By the Department, if the Entity (Subrecipient) fails to perform its duties under this
Agreement, following thirty (30) calendar days written notice by the Department.
C. . By either party following sixty (60)1 calendar.days written notice.
D. By both parties following the complete execution by both parties of an agreement to
terminate this. Agreement. .
In the event this Agreement is terminated before the Department has paid the Entity
=---(Subrecipiei t).:the=entire=Grant.Amoun.t,-.then_the_Department:agrees_tQpay_ the:Ent ty�Subrecipient) the __
entire Grant amount, if the project has been completed. If the project has not been completed, the
Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the
percentage of the project's completion.
Extension of a contract for contractual services shall be in writing for a single period only not to
exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial
contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth
in the contract for completion of the contract is due to events beyond the control of the Contractor. If
initially competitively procured, contracts for contractual services may be renewed on a yearly basis for
• no more than three (3) years, or for a period no longer than the original contract, whichever period is
longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the
same terms and conditions set forth in the initial contract. Renewals shall be contingent upon •
satisfactory performance evaluations by the Department. 'Renewal -costs may not be charged by the
Entity (Subrecipient).
It is mutually understood and agreed that this contract is:
A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's
performance and obligation to pay under this contract is contingent upon an .annual
appropriation by the Legislature as provided in Section 287.0582, Florida Statutes.
B. Subject to the approval of the State Chief Financial Officer (Department of Financial
Services).
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 managementdistrict, 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 th terms of the grant or contract prohibit the expenditure
of funds for the purpose of lobbying the Legislatur, ., the judicial branch, or a state
agency.
The following provisions of A through H 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.
•f
A. There are uniform state audit requirements for state financial assistanceprovided by
state agencies to Nonstate entitie's to carry out state projects in accordance with and
subject to requirements of Sectio, 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.
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B. In the event that the Recipient expends a total amount of state financial assistance equal
to or in excess of $500,000 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 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 2 to this agreement indicates state
-- financial assistance awarded-thrdugh.:th s:Department:resource_by_ this:agre.ernent
determining the state financial assistance expended in its fiscal year, the Recipient shall
consider all sources of state financial assistance, including statefinancial assistance
= eceived from this Department resource, other state agencies, and other Nonstate
agencies. State financial assistance does not include Federal direct or pass -through
awards and resources received by a Nonstate entity for Federal program matching
requirements.
C. Audits conducted pursuant to Sebtion 215.97, F.S., shall be: (1) performed annually, and
conducted by independent auditors in accordance with auditing standards as stated in
Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for -profit
organizations), Rules of the Auditor General.
D.7. '-- 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 Recipient expends less than $500,000 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. 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. 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 provision of Section 215.97, F.S., the
cosf of the audit must be paid from the Nonstate 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).
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. „
(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 non -state entities financial reports, management
letter;-auditee's written responses-or=corrective_:action_ptan,_correspondenGe_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 General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
G. Any reports, management letters, or other information required to be submitted to the
Department of Agriculture and Consumer Services pursuant to this agreement shall be
submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, as applicable.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the
— terms of this agreement for a period of five (5) years from the date the audit report is --------
issued, and shall allow the Department of Agriculture and Consumer Services, 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, or its designee, Chief Financial Officer, or Auditor General upon request for
a period of five (5) years from the,' date the audit report is issued, unless extended in
writing by the Department. • '
The following provisions of A through H are applicable regarding the administration of resources
provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the
Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133,
as revised.
A. In the 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
accordance with the provisions oti OMB Circular A-133, as revised. Exhibit 2 to this
agreement indicates Federal resources awarded through this Department 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
this Department. 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 provisions of
OMB Circular A-133, as revised, will meet these requirements.
B. In connection with these audit requirements, the Recipient shall fulfill the requirements -
relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
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C. If the Recipient expends Tess than $500,000 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 $500,000 in federal awards
in its fiscal year and elects to have an audit conducted in accordance with provisions of
OMB Circular A-133, as revised, the cost of the audit must be paid from the non-federal
resources (i.e., the cost of such an audit must be paid from the Recipient resources
obtained.from other than Federal, entities).
D. Copies of reporting packages for audits conducted in accordance with OMB CircularA-
133, as revised, and required by 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:
(a)
The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street,
Tallahassee, Florida 32399-0800
(b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320(d)(1) 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(c) and (f), OMB Circular A-133, as revised.
E. 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 letter issued by the Auditor, to the Department of
Agriculture and Consumer Services at the following address:
The Department of Agriculture and Consumer Services
509 Mayo Building
407 South Calhoun Stret
Tallahassee, Florida 32399-0800
F. Any reports, management Ietter4, or other information required to be submitted to the
Department of Agriculture and Consumer Services pursuant to this agreement shall be
submitted timely in accordance with OMB Circular A-133, as revised.
G. Recipients, when submitting financial reporting packages to the Department of
Agriculture and Consumer Services for audits done in accordance with OMB Circular
A-133, as revised, should indicate the date that the reporting package was delivered to
the Recipient in correspondence accompanying the reporting package.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five (5) years from the date the audit report is
- issued; -and shall-allow_the Department_of.Agriculture andConsurner Services or its
designee, Chief Financial Officef, or Auditor Geri ral access -to -such records -upon----•----- - -
request. The Recipient shall ensure that audit working papers are made available to the
Department, or its designee, Chief Financial Officer, or Auditor.General upon request for
a period of five (5) years from the date the audit report is issued, unless extended in
writing by -the Department. • •
It is expressly understood and agreed that any articles that are the subject of, or required to.
carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely
handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under
the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this
contract the person, firm, or other business entity carrying out the provisions of this contract shall be
deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency
are concerned. Available products, pricing and delivery information may be obtained by contacting:
RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946,
telephone number (850) 487-1471 and fax number (850) 942-7832.
It is expressly understood and agreed that any articles which are the subject of, or required to
carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida
Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4),
Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying
out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings
with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries
and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be
obtained by contacting: PRIDE of Florida, 12425 28` Street, North, St. Petersburg, Florida 33716,
rh��o nirnhpr (727) 572-1987.
The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the
convicted,'yendor list following a conviction for a public entity crime may not submit-abi&on an
agreement to provide any goods or services to a public entity, may not submit a bid on an agreement
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 an agreement 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 36 months from the date of being placed on the
convicted vendor list.
The Entity (Subrecipient) is informed that the employment of unauthorized aliens by ant Entity
(Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act.
If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this agreement.
The Entity (Subrecipient) is informed that an entity or affiliate who has been placed in 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.
In accordance with 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 _
ersons_ror_ .ro .ert._direct) _causedor_resulting from the_ sole,negligence_of-the De artment
or any of its officers, agents or employees.
In the event that two or more documents combine to form this agreement between the parties,
including future amendments and addenda, and in the event that there are contradictory or conflicting
clauses or requirements in these documents, the'provisions of the document(s) prepared.by the
Department of Agriculture and Consumer Services Contract shall be controlling.
. All contracts entered into by the Department of Agriculture and Consumer.Services or any
Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions •
notwithstanding.
In the event that any clause or.requirement of this agreement is contradictory to, or conflicts
with the requirements of Florida law, including, but not limited to requirements regarding contracts with
Florida's governmental agencies, the offending clause or requirement shall be without force and effect
and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject
shall substitute for that clause or requirement and be binding on all parties to this contract.
As applicable under Florida Statute 768.28, each party will be liable under this paragraph for
damages arising out of injury or damage to persons or property directly caused or resulting from the
negligence of such party or any of its officers, agents or employees. 0
All notices, demands, requests or other instruments to the Department shall be addressed to:
Mr. Charlie Marcus
Forest Management Bureau
7-rr.._"--3125 Conner Boulevard, Suite R-8 -
Tallahassee, Florida 32399-1650
All notices, demands, requests or other instruments to the Entity (Subrecipient) shall be
addressed to:
Mr. Robert Ruano
City of Miami
444 S.W. Second Avenue, 5`r' Floor
Miami, Florida 33130
Signed by parties to this agreement:
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Signature
CONTRACTOR
-c• x
Signature •
Title
Date Date
FEID Number of Socia► Security Number
DACS-01085 Rev. 01/06
CITY OF MIAMI, a municipal
.Corporation of the State of Florida
ATTEST:
44t)
62/'
/PRISCILLA THOMPSON P/Y--02
CITY CLERK
f
PEDRO G. HE ANDEZ
CITY MANAGER
APPROVED AS TTRANCE APPROVED AS TO FOR ND
R.EQVIREMENT CQr RECTNESS:
, RICK MANAGEMENT