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06/21/2001 Agreement CLERK'S ORiGiNAL. EXHIBIT 1 SOUTH FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSHIP, INe, (SFCURP, INC,) GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the Z/~ day of -J uNt.- .20-12.L (Effective Date) by and between the SOUfH FLORIDA COMMUNITY .URBAN RESOURCES PARTNERSmP. INC., hereinafter called the "SFCURP, Inc." and Monroe County Board of County Commissioners Community Volunteers. hereinafter called the Sub-grantee (Sub-recipient). WITNESSETH WHEREAS, the SFCURP, Inc. desires to increase the principles of urban and community foresuy by granting funds to the Sub-grantee (Sub-recipient) for the purpose as outlined in Grant Project Number 99-39 included herein as Exhibit "A" and by reference made a part hereof: WHEREAS. the SFCURP, Inc. and the Sub-grantee (Sub-recipient) are of the opinion that the citizens of the State of Florida would benefn from the implementation ofmban and community forestry Projects that improve our communities natural resources and assist with ecosystem restoration~ WHEREAS, the SFCURP, Inc. bas awarded the Sub-grantee (Sub-recipient) a South Florida Community-Urban Resources Partnership (SFCURP) grant for the specific Project set forth in the SFCURP Grant Project Number 99-39 hereinafter the "Project"; , . / WHEREAS, the Sub-grantee (Sub-recipient) by Resolution No. 2- 03. . dated ... ~/2--/ / ~ / . has indicated its support of the grant Project and authorized its officers to cxeCute this Agreement on its behalf; WHEREAS, the parties hereto mutually recognize the benefits of such a Project as described in the SFCURP Grant Project and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW TImREFORE. for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "2", the Grant Maintenance Memorandum of Agreement, the parties covenant and ajl'ee as follows: 1. Failure by the Sub-grantee (Sub-recipient) to sign and return this agreement by Julv 31. 2001 shall constitute forfeiture of the award. 2. The Effective Date of this agreement is !PM . 20 tP / . I 3. The Sub-grantee (Sub-recipient) shall complete the Project twelve (12) months of agreement date contained herein as set forth in the South Florida Community.Urban Resources pannership Grant Project Number 99-39 approved by the SFCURP, during which time the grant shall continue in effect The criteria for the Project is set forth therein. The f"1nal date by which such criteria must be m~or completion of this agreement is twelve (12) months from Effective Date. ~ ~~ ~ ~ ;0 :;; -., FT1 on:: rr1 C) C:\My DoCumOlllS'.FY 99 - SFCURP 0niGl MOA " Great MaUttmsru:c MOAdoc rrj ~ -< OJ, 1. ~ !Editi~ 6 99-39 - Old S~cra Park Landse~pe ed Irrigation Plan ~;:;u ::c~ :::0 "'C 'CI :r:- :::0 ~,,~;:: --- ,...,.., . ,... .J.. . ' I -" .)> c.:> ('") r- C) 0 )> rq . .s::- :::0 -.J C) !,1F,l-jU-UJ WiV!: U4 YM U~VA, NMCS, SFUCAP FAX NO, 19547923996 P. 7 The Project to be performed by the Sub-arantee (Sub-recipient) shall be subject to periodic inspections by the SFCURP, Inc and/or the SFCURP Federal Suppon Team andlor their usignees. The Sub-grantee (Sub-recipient) shall not change or deviate from the Project without written approval by the SFCURP, Inc. . 4, The Sub-grantee (Sub-recipient) has estimated the Project cost to be $28,000.00 as shown on the grant Project budget sheet attached as Exhibit "B". The SFCURP, Inc, agrees to reimburse to the Sub.. grantee (Sub-recipient) the total sum of $14,000.00 or fifty percent (50%) of the final approved Project costs, whichever is less (the "Grant Amount"), The Grant Amount is limited to only those items which are directly related to this Project as described in Exhibits "A" and "B". Project costs incurred prior to the Effective Date of this agreement are ineligible for reimbursement. To assist the Sub-grantee (Sub- recipient) with the initial three (3) months of implementation, the SFCURP, Inc, may make an advance of no more than 25 percent of the grant award. The Sub-grantee (Sub-recipient) must request the advance payment in writing using forms provided by the SFCURP, Inc. Funds provided as an advance payment must be placed in a non-interest bearing account. Only one advance payment will be made, thereafter, disbursements will be made on a reimbursement basis. No more than 75 percent of the Grant Amount will be paid to the Sub-jlIntce (Sub.recipient) prior to Certification of Acceptance by the SFCURP, Ine, The final payment shall not be made until Certification of Acceptance is received from the SFCURP, Inc. For installed plant materials, a sixty (60) day grow-in-pcriod will be required after Project completion, Certification of Acceptance by the SFCURP, !nc, may be requested sixty (60) days after Project completion. Upon receipt of the Cenification of Acceptance, the Sub-grantee (Sub-recipient) may submit an invoice for fmal payment, (a) Two or more verbal quotes are required for all purchases, expenditures exceeding $1,000,00 and up to $5,500.00. A minimum of three written quotes or a formal bid process is required for all purchases/expenditures exceeding $5,500.00 and not greater than 515,000,00, Sealed bids are required for all purchases exceeding S 15,000,00, 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. (b) Bi11s for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, and 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. ( c) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the SFCURP, Inc. at aU 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 SFCURP, Inc. upon request. Records of costs incurred include all records of the costs of the Sub.grantee (Sub- recipient) and subcontractors considered necessary by the SFCURP, Inc. for a proper audit of the Project. (d) 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 contract to provide any goods or services to a public entity, may not submit a bid on a contract with Ii C:\My Documems\FY 99 - SFCURP 0rIm MOA '" Gnml Mein1Ift_ MOA,c1cc 2 2M Edition 99.39 - Old Settlers Park Lll1dec.pe and lniption Plan r,llU-jU-UJ 'r"ItV ;,: Ij~ t'M U~JjA, IW,,~, ~ru!"At' fAX NO. 1~~4~~23996 p, 6 public entity for the constn1etion 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 perl'orm 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, for Demonstrated or Site Specific Projects, for a period of36 months from the date of being placed on the convicted vendor list. 5. The Sub-grantee (Sub-recipient) agrees to maintain plant materials established as a part of the Project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the panies in maintaining the Project. 6. The Sub-grantee (Sub-recipient) agrees to submit to the SFCURP, Inc. an interim reponon Project accomplishments within six months of Effective Date and a final report summarizing Project accomplishments as a prerequisite to final acceptance by the SFCURP, Inc. Failure to submit a required repon or submission of an unsatisfactory report is sufficient grounds for tennination of this agreement according to the provisions of Section 7(b). The Sub-grantee (Sub-recipient) upon Project completion shall submit a news release to local newspaper media highJightinj the successes of the Project. 7. This Agreement may be terminated under anyone of the following conditions: (a) By the SFCURP, !ne" unilaterally, for refusal by the Sub-grantee (Sub-recipient) to allow public access to all documents, papers, letters, or other material subject to Chapter 119, F.S. and made or received by the Sub-grantee (Sub-recipient) in conjunction with this Agreement. (b) By the SFCURP, Inc., if the Sub-grantee (Sub-recipient) fails to perfonn its duties under this Agreement, following thirty (30) calendar days written notice by the SFCURP, Inc. (c) By either party foHowing sixty (60) calendar days written notice. (d) By both parties following the complete execution by both panics of an agreement to temtinate this Agreement. (e) Notice to Sub-grantee (Sub-recipient): The SFCURP, Inc. shall considcrthe employment by any Sub-grantee (Sub-recipient) ofunauthoIUed aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. 8. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the event this Agreement is renninated before the SFCURP, Inc. has paid the Sub-grantee (Sub- recipient) the entire Grant Amount, then the SFCURP, Inc. agrees to pay the Sub-grantee (Sub-recipient) the entire Grant amount, if the Project has been completed. If the Project has not been completed, the SFCURP, Ine, shall pay to the Sub-grantee (Sub-recipient) a percentage of the Grant amount equal to the percentage of the Project's completion. C:lMy Docvmenu\FY 99 . SFCURP Onm MOA II: Gnat MliIlteaace MOA.doc 3 2ad Edition 99-39 . Old ScttlCrI Parle Landsol~O and Irrisa.tion Plan Sub-grantee (Sub-recipient) the entire Grant Amount, then the SFCURP/BSWCD agrees to pay the Sub- grantee (Sub-recipient) the entire Grant amount, if the Project has been completed. If the Project has not been completed, the SFCURP/BSWCD shall pay to the Sub-grantee (Sub-recipient) a percentage of the Grant amount equal to the percentage of the Project's completion. 9, 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 tenus 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 two (2) 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 SFCURPIBSWCD. 10. As applicable under Florida Statute 768.28, the Sub-grantee (Sub-recipient) covenants and agrees that it will indemnify and hold hannless the SFCURP/BSWCD and all oCthe SFCURP/BSWCD officers, agents and employees from any claim, action, neglect or omission by the Sub-grantee (Sub- recipient) during the performance of the Agreement, whether direct or indirect, and whether any person or property to which the SFCURPIBSWCD or said parties may be subject, except that neither the Sub~ grantee (Sub-recipient) nor any of its sub-contractors will be liable under this paragraph for damages arising out of injury or dalnage to persons:or property directly caused 'or resulting from the sole negligence . of the SFCURP/BSWCD or any of its officers, agents or employees, II!. The Sub-grantee (Sub-recipient) certifies that neither it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for panicipation in this grant program by any Federal department or agency. 12. This Agreement, together with any Maintenance Agreement, if executed, e~bodies 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. 13, This Agreement may not be assigned or transferred by the Sub-grantee (Sub-recipient), in whole or in part without the prior expressed written consent of the SFCURPIBSWCD. 14. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. IS, All 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 (F I\X) or telegram: C:\My Oocum'llU\FY 99 . SfCURl' Gram MOA &: anal Maintelwlco MOA-cloc 4 zwt Edition 99.39 - Old S~crl Park LandICaP' and IrriJltion PllUl r.1Al-jU-Ul '1'11\1' /, UL I'm U~VA, HKC~, ~l'U!JAr U.X Nv, 1 ~J4'i~n~~b p, 4 (a) If to the SFCURP, Inc., address to Russell M, Setti, SFCURP Regional Director, South Florida Community-Urban Resources Partnership, Inc., lJSDA Service Center, 6191 Orange Drive, Suite 6183Q, Davie, Florida 33314 or at such other address the SFCURP, Inc. may from time to time designate by written notice to the Sub-grantee (Sub-recipient) voice: (954) 792-1984 or fax: (954) 792-3996; (b) If to the Sub-grantee (Sub-recipient) addressed to: or at such other address as the Sub-grantee (Sub-recipient) from time to time designateS by written notice to the SFCURP. Inc. 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. 16. Time is of the essence of this agreement. 17. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Sub-grantee (Sub-recipient) is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the SFCURP, Inc., the Judicial Branch, or any other state agency. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.349t Florida Statutes, which are: (a) The SFCURP. !nc, and the Comptroller before disbursing any funds must independently ensure that the proposed expenditure is in accordance with all legal and regula.tory requirements and that this contract specifically prohibits the use offunds for the purpose of lobbying the Legislature, the SFCURP, Inc., the Judicial Branch. or any state agency, (b) If the Sub-grantee (Sub-recipient) is a 10ca1govemment agency, nonprofit organization, or not-for-profit organization it shall: (I) for amounts $25.000 or less, have its head atteSt that it has complied with grant provisions, (ii) for amounts great.erthan $25,000 but not more than 5100,000 have a grant-specific audit performed in accordance with the rules of the Auditor General or have a statement prepared by an independent certified public accountant which attests that the grant provisions have been complied with,(iii) for amounts greater than 5 I 00,000, have a grant-specific audit performed in accordance with the rules of the Auditor General, and (iv) have such audits, statementS, or attestations filed with the SFCURP, Inc. and the Auditor General, (c) The intent of this paragraph is to include lobbying. of applicable federal agencies, C;lMy DocumC'lltl\FY Sl9 . SFCVRP GrUlt MOA Ir Onnt MalmtnInoe MOA-doc 5 2114 Edition 99.39 . Old Settlc:ra Park Lanchcape and Irrisatioft Plan l\1,~.r-jU-Uj \'IJ',U /:Uj I'M U~VA, NE~, ~rUCAf FAX NO, 19547923996 p, 3 18. If this agreement contains federal funding in excess of $100,000, the Sub~ifantee (Sub- recipient) must, prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities, Standard Form LLL, is required, it may be obtained from the SFCURP, Inc. All disclosure forms as required by the Certification Lobbying form must be completed and returned to the SFCURP, Inc. 19. The undersigned Sub-grantee (Sub-recipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of me latest version of Office and Management Budget CircuJarNo. A-I33 - Revised June 24,1997 (AuditS of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Sub-grantee (Sub-recipient) may be obtained by contacting SFCURP, Inc.; South Florida Community-Urban Resources Partnership USDA Service Center 6191 Orange Drive, Suite 6183Q Davie, FL 33314 (Contact SFCURP,lnc. office for assistance in obtaining copies at (954) 792-1984) If the undersigned Sub-grantee (Sub-recipient) expends $300,000 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 Sub-grantee (Sub-recipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-B3 (Audits of State, Local Governments, and Non-profit Organizations). The 5300,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Sub-grantee (Sub- recipient) receiving funds under this agreement hereby agrees that it will allow the SFCURP, !nc, and any federal agency to audit the Sub-grantee's (Sub-recipient's) books for compliance with the above applicable circulars. 20. The Sub-arantee (Sub-recipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, filxm and photographs produced as pan of this Project shall not be restricted under the copyright laws of the United States of America. All produetS (brochures, signs, videos, etc.) funded by the South Florida Community-Urban Resources Parttlership grant must display a statement that the material has been prepared using South Florida Community-Urban Resources Partnership grant funds received through the Florida Department of Agriculture and Consumer Services- Division of Forestry and USDA-Forest Service, 21. The Sub-grantee (Sub-recipient) is infonned that 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 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 C:\My Dol11lllltntS1fY 99 - SFCUllP OrmlIMOA. 0ruIt ~ MOA-doc: 6 21ld Edition ~39 - Old Settlor. Park Landlca,. lU1cI Irrisa1ion Plan M.l\l-jU-Ul \':'1',1' I: Ul l'M U~jjA, Nr:C~, ~rU'~A~ FAX NO, 19547923996 p, 2 leues of real propeny 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 ttanSa.Ct 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 22. The Sub-grantee (Sub-recipient) is informed that the SFCURP. Inc. shall consider the employment by a Sub-grantee (Sub-recipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be caused for unilateral cancellation of this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year fast above written. Monroe County Board of County Commissioners Comm . Volunteers N of Sub-grantee (Sub-recipi~ ,.-/ ()-,e r--t~:~;S---\J Title: rv1 AL{ P t2....... Witn...: (SEAL) B C:\My DoC\IIImll5\FY " . SfCURP Oraat MOA. a: Onnt MaizMn_ MOA.doo 2nd Edition 7 99-39 . Old Sc:ttICln Park Landaca1)c lad IrrigltioD Plan MAI-jU-UJ W~U I,UU rM U~VA, NKL~, ~~ULAr fAX NU, 1~~4~~2j~96 p, 1 EXHffiIT 2 SOUTH FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSHIP. INC, (SFCURP. INC.) MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, madc and entered into this the -Z-I ~ day of J J!\fC-- 20 ~ by and betWeen the sourn FLORIDA COMMUNITY-URBAN RESOURCES P ARTNERSHlP, INC., hereinafter called the "SFCURP, Inc." and Monroe County Board ofCountv Commissioners Community Volunteers, hereinafter called the Sub-grantee (Sub-recipient). WITNESSETH WHEREAS, the SFCURP, Inc. desires to increase the general level of knOWledge of the principles of urban and community forestry enhancement of natural resources and ecosystem restoration by granting funds to the Sub-grantee (Sub-recipient) for the establishment of a demonstration tree planting Project as outlined in the South Florida Community-Urban Resources Partnership Grant Project Number 99-39 and Grant Memorandum of Agreement (the "Grant Agreement") attached hereto as Exhibit "I" and by reference made a part hereof; WHEREAS, thc SFCURP, Inc. has awarded the Sub-grantee (Sub-recipient) a South Florida Community-Urban Resources Partnership (SFCURP) grant, more particularly set forth in the Grant Aareemem; WHEREAS, the Su!).arantee (Sub-recipient) agreed in the Grant Agreement to maintain the Project (as described in the Grant Project); WHEREAS, the parties hereto recognize tho need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the Project; and WHEREAS, the Sub-grantee (Sub-recipient) by Resolution desires to enter into this Agreement and authorizes its officers to do 10. NOW TIIEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "I", the Grant Memorandum of Agreement, the parties covenant and agree as follows : I. The Sub-grantee (Sub-recipient) shall maintain the Project in a responsible manner and with due care in accordance with the below listed "Project Standards" for the propeny at the following location: Attach Site Plan and/or Map oflocattOD (if applicable) Specifically, the Sub-grantee (Sub-recipient) acceptS the below listed responsibilities and duties: (a) Proper watering and proper fertilization of all trees/plants. (b) Keepina trees/plants as ftee as practicable from disease and harmful insects; ( c) Proper mulching of trees and/or planting beds; Keeping the premises free of weeds; Mowing and/or cutting grasses to the proper length; C:lMy Docummla\FY 99 . SFCURl' Orlan MOA .. Orult MalDtcMnae MOA.doo 2M Edition 8 99-39 . Old Settlers Pule. Landscape and Irrigation Plan (d) proper pruning of all trees which includes; (i) remo~ina dead or diseued parts of treeS or (ii) pnming such parts thereof which present a hazard; (e) Removing and replacing dead or diseased trees/plants in their entirety, Of removing and replacing those that fall below ori&inal Project Standards. The Sub-grantee (Sub-recipient) agrees to repair, or remove and replace at its own expense all or part of the Project that faUs below Project Standards. In the event any part or parts of the Project, including all planu. must be removed and replaced for whatever rcason. then they shall be replaced with the $ame grade, size and specification as provided in the original plans for the Project. Furthermore. the Sub-grantee (Sub-recipient) shall keep titter removed from the Project area. The above named functions to be perl'onned by the Sub-crantec (Sub-recipient) shall be subject to periodic inspections by the SFCURP, Inc. It is the intent of the parties hereto that except as otherwise provided in paragraphs 2 8Ild 4 hereof. the Sub-grantee (Sub-recipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the Project. 2. This Agreement may by terminated under anyone of the following conditions: (a). By the S~CURP, Inc., if the Sub-JI'Ultee (Sub-recipient) fails to perfonn its duties und~ thIS Agreement or for refusal by the Sub-srantee (Sub-recipient) to allow publ~c. access to all documents, papers, leners, or other ma~a1 subject to the proVISIOns of Chapter 119, Florida Statutes and made or secured by the Sub- ~tee (S~b-recipient) in conjunction with this Agreement following reasonable written notIce. (b). By either p~ following sixty (60) calendar days written notice. (c). By bo~ partl~ fOllowing the complete execution by both parties of an agreement to termmate thIS Agreement. fi 3: The tenns of this Agreement commence on the date of Certification of A""~."ce and conti or a penod of three (3) years, ...-..-- nue 4. In the event this Agreement is terminated in accordance with sub h ifmtee (Sub-recipient) shall refund to the SFCURP In ?&ragrap 2(a) then the Sub- upon the following schedule: / c, a pro-rated pomon of the grant award based (a). If this agreement is terminated within one year of the date in ParaDnl h 3 75 percent of the grant award. co -p , (b). If this aareement is terminated during the second year of this a~ t SO of the ifant award. eo __~.en., percent (c). If this agreement is terminated during the third year of this agreement, 2S oCthe grant award. percent S. As applicable under Florida Statute 768 28 the S b . . agrees that it shall hold harmless the SFCURP, In~. ~d all ~f ~~~b-recl,plent) Covenants and employees from any claim ti gl . . e / Inc. 5 officers, agents and performance of the Agre~;~ :h:ere~r~ om~s~~n by the Sub-grantee (Sub-recipient) during the C'\My DoculDeDU\l'Y 99. Sl'CUlU' GnIll MC:A II: GnIll M8intnancoo~~:d:ect, and whether any person or property to which 9 99-39. Old Sottlcl'I Park LamillCapc and Itrilation Plan 2- Edition mKj-JU-Ul "tv O,JL rm U~UA, N!L~, ~rULAr rAA NU, 1~~4J~~j~~b t 1U the SFCURP, Inc. or said parties may be subject, except that neither the Sub-grantee (Sub-recipient) 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 SFCURP, Inc. or any of its officers, agents or employees. Notwithstanding any verbiage within this paragraph (5), the City of West Palm Beach does now wave its right to sovereign immunity as provided by Florida Statute 768.28. 6. This Agreement, together with the South Florida Community-Urban Resources Partnership, Inc. 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, . 7, This' Agreement may not be assigned or transferred by the Sub-grantee (Sub-recipient) or SFCURP, Inc., in whole or in part without the expressed written consent ofthc other party. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall like in Palm Beach Count)', Florida. 9. All notices, demands, requests or other instrUments shall be given by depositing the same in the U. S, Mail, postage prepaid, registered or cenified with return receipt requested, or by telex (FAX) or telegram: (a) If to the SFCURP, Inc., addressed toRussellM. Seni, SFCURPRegionalDircctor, USDA Service Center, 6191 Orange Drive, Rm. 6183Q, Davie, Florida 33314, Phone: (954) 792.1984 or Fax: (954) 792-3996 or at such other address the SFCURP, Inc. may from time to time designate by Written notice to the Sub- srantee (Sub-recipient); and (b) If to the Sub-grantee (Sub-recipient)addressed to: or at such other address as the Sub.grantee (Sub.recipient) from time to time designates by written notice to the SFCURP, Ine, All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instroments, or from the date telexed or faxed. 10, Time is of the essence of this agreement. 11. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Sub.grantee (Sub.recipient) is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the SFCURP, Inc., the Judicial Branch, or any other state agency or federal ageney as it may apply. C:\My DocIlmIflll\FY 99 . SFCVlU' Grat MOA" Ormt MainttnI4Ce JdOAdoe 1 0 2ad Edition 99-39 . Old SQtt)Orl Park Landscape and Irriaation Plan MAY-jU-Ul w~v b:JL fM USDA, NHCS, SFUCAF F'V 11"' F4l~ '. tJ. 19547923996 p, 9 This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.349, Florida Statutes, which are: (a) The SFCURP, Inc. and the Comptroller before disbursing any funds must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and that thi~ contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the SFCURP, Inc., the Judicial Branch or any state agency, (b) If the Sub-grantee (Sub-recipient) is a local government agency, non-profit organization, or not-for-profit organization it shall: (1) for amounts 525,000 or less, have its head attest that it has complied with grant provisions, (ii) for amounts greater than $25,000 but not more than 5100,000 have a grant-specific audit performed in accordance with the rules of the Auditor General or have a statement prepared by an independent certified public accountant which attests that the grant provisions have been complied with, (Hi) for amounts, greater than 5100,000 have'a arant-specifio audit perfonned in accordance with the rules of the Auditor General, and (iv) have such audits, statements, or attestations filed with the SFCURP. Inc. and the Auditor General. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written, - Witness: (SEAL) C:\My Documentl\FY 99 . SFCUlU' 0tIIu MOA" 0rIIl\ MaiatenAnl:. MOA.doc 99-39 . Old Sottlerll Park LandllCllpe and Irrillation Plan mfU-JU-U1 \'i)',lJ O,:J1 rm U::>lJ.I-I., j'Hn,~, ~ru'v1\r tAX NU, ]~~4j~Zj~~b p e EXHIBIT A South Florida Community-Urban Resources Partnership SUB-GRANTEE INFORMATION (please Print or Type) Project Applicant Name: Monroe County Board of County Commissioners Community Voluntcen Project No.: 99-39 Project Title: Old Settlers Park Landscape and Irrigation Plan Sub-grantee lnfonnatiOD~l Gov~"9onprofit Organization, Indian Tribe or Educational Institution): Name and Title of Contact Person: ::rp,<, VI · ~.t, ~U' I ~; "j; ~e1>> Col{!} '41 j j()Cj' t MHJtlnSLH,(y\'1'4 1>J..AIVNlNb..~4rLDI. pl. l'') Address: ~~I( DO DI/~{LS&A<; H/~IW ALl I TAj)B~AJJ/~f- City~ VeA/\5u t1/ Zip: -=3~()7 D Phon.(~ ') ~5' d---i ( '*0 Fax:(~) <(~.J. -It () ~ Email: Web Address: -- IRS FEID Number Name of Landowner: i>/~~OI As the duly authorized officer/representative of the Sub-grantee named parts of the proposal and required grant information have been read an information submitted herein is true and correct, Authorized OfficerlRepresentative: Title: Sign Please attach project description, work p n, flow thart, and related documents that will become part of this agreement. C:\My Docum.ftTS\FY " - SfCURP Onnt MOA '* ar.m M4liaterlauw MOA.4oQ 1.2 211t Edition 99-39 - Old Settlers Park Landlll"po and Irrigalivn Plan 5eE: $ ~r< bt-.DQtT ATlAL >>-.81) J\lF.l-jU-Ul 'till) b, JU I'M U~jjA, NK!.J~, ~jtUCAr ]tAX NU. 1~~41~2j~~b EXHmIT A GRANT PROGRAM INFORMATION Project Applicant Name: Monroe County Board of County Commissioners Community Volunteers Project Title: Old Settlers Park Landsc&De and Irriu.tion Plan Project No.: 99-39 SUMMARY OF COSTS (A SO/50 match on behalf of the Sub-grantee is required) Requested Grant S Local Match $ I II ConU'a.ctual COlts PerloMcl costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) $ Total Matching CotU (ll) S 0 Total Program Costs (Ill) $ Add columns I and n Cor total ill (100010) % Grant Request o $ % Local Match A bud2et. detailin2 all eosts identified above must be attached. PR.OJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) County M D h rtJ -Q Local Government Jurisdiction (~unty Govemm~ Municipality, School Board District or Independent Special District):"" Describe the Speati. Loc:ation lI!!he Proj",:,:'.i~ _ P.. fwc: 'l f 6LL- ~\-U.e~ ?t;-r{( \ LAVOJ'y\,g::;~d~ Who has Maintenance Respopsibility for the Propeny?: f S C ( ~, Is the Land Ownershj~ Private?: c:\~)' OoClllllClltl\FY 9j . SfcuRP 0nIU MOA a Orm\ MaiDunaDoc MOA.d09 13 2ad Edition 99.39 . Old ScttlCl1l Park Landecape and Irrilalion PlIO .J P. 7 f,1Al-jU-Ul \'liU b::JU n,t U~UA, Hr:C~, SruCA~ FAX NO. 19547923996 p, 6 Project Title: Old Settlers Park Landscape and Irrigation Plan Project No. 99-39 EXHIBIT B Attath your budget or use the enclosed form. This is the type of detail required. ~ 5~e. ~' rpq)~ ~ BUDGET P,l-\~~~ Ah~~R, Please note: All Projects must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size. or caliper and height) of trees. to be planted. Cost Items Quantity (#) Rate or Price (S) SFCURP 50010 50% Match Cost Share Cost ($) (S) Contractual (description) Pponnel (list titles or positiona) C:\My DoovmeaulFY 99 - SFCURP Gnn\ MOA Ie Oram twIalntm_. MOA-doc 14- '7 2ad Edition 99-39 - 014 SmftS Park LandlOlPI and Irription Plan c'i-- t-f- ( PJ II 'B ~fL t rI S' Budget Please note: All Projects must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. Cost Items Quantity (#) Rate or Price ($) SFCURP 50% Cost Share ($) 50% Match Leverage Cost ($) Contract Labor None (water lines were installed by Public Works) Personnel Project Manager, County Biologist Jean "Niko" Reisinge Oversee Holes Oversee Planting Weekly Inspections Quarterly Reports Retirement Benefits Health Benefits 1 week 37.5 hr 2 weeks 75 hr 48 hours 2 weeks 75 hr $746.25 $1,492.50 $955.20 $1,492.50 $475.70 $680.60 $746.25 $1,492.50 $955.20 $1,492.50 $475.70 $680.60 Monroe County Public Works General Laborers Planting Trees and Shrubs Worker's Comp Insurance Health Benefits Retirement Benefits 320 hours 320 hours 320 hours 320 hours $2,880.00 $230.76 $867.70 $291.38 $2,880.00 $230.76 $867.70 $291.38 $:1:.,~~\1.1:9 $660.60 Subtotal, Coun&;y Labor AtJd Benefits Volunteer Labor (over match) 500 hours @ $10.00/ hour $5, 'aJ9' ... 'a ~,"i '# : "; ," . - ;' 'f .::.: ':::::i~:"", '::~~;:::.,::::~~~~:.: "t:::::,.".~ . }, _,~}, '::::, $5000.00 Old Settlers Park. Tavernier, Monroe County Budget S~tll~ IT E ~~. J-of s- Cost Items Quantity (#) Rate or SFCURP 50% 50% Match Cost Leverag Price ($) Cost Share ($) ($) Travel (NONE) Equipment Backhoe 1 20 hr 1 9.00/hr $1 , 140.00 $1 , 140.00 Front-end Loader 1 20 hr 1 9.00/hr $1 ,140.00 $1 , 140.00 Motor Grader 80 hr 25.00/hr $1 ,000.00 $1 ,000.00 Dump Truck 80 hr 32.00/hr $1 ,280.00 $1 ,280.00 E~:~m..jl..tll ..ill 11_- $4)i~l(;;t{Jl(!) " ' J:,':,,::Ti, _ '.00_.'_ .;.=if\~;.):,..~' ::,:':,:;:::>:~~,:',:.,;>.;.- :"'",'. .,' BUDGET Supplies* (list items) Soil Mulch, Cypress 6-6-6 Fertilizer Micortree Saver Pathway Herbicide Spray Bottles Arbor Tie, White Flagging Tape, Surveyors Metal Stakes for Guys Spray Paint, Fluorescent Hose, 5/8" X 80 feet Hose, Drip, 5/8" X 50 feet Fan Sprayer Supply St\lMQ-' Quantity 80 Cubic yards 40 Cubic Yards 3 @ 40 Pounds 41 Pound Pail 2.5 Gallon 3 5 rolls (@ 250') 12 rolls 255 @ 1.5' each 6 cans 6 10 3 Old Settlers Park, Tavernier, Monroe County Budget Rate or Price $ $1,920.00 $1,640.00 $11.97 $98.18 $93.62 $18.00 $178.52 $19.68 $57.37 $32.00 $119.94 $109.90 $3.87 e SFCURP 50% Match Leverage 50% Cost Cost $ Share $ $1,920.00 $1,640.00 $11.97 $98.18 $93.62 $18.00 $178.52 $19.68 $57.37 $32.00 $119.94 $109.90 $3.87 $t,*ltl,l~ 'e~l:ll~lT B ~~f?- ~ of S' Cost Items Quantity (#) Rate or SFCURP 50% Match Levera Price ($) 50% Cost Cost ($) ge Share ($) Operating Costs (list) (NONE) Not in this request, Operating costs part of normal park maintenance, once plants and irrigation are installed. Community volunteers will maintain plants for the first year. Old Settlers Park, Tavernier, Monroe County Budget e~t+ I ~lT ~ ~L\of ~ Tree - (list species and size) **Please Note: Canopy trees are 8-12 feettall, 2.5 to 3,5" caliper, container grown. Understory trees are 5-6 feet tall, 1.5 to 2.5" caliper, container grown. Shrubs are 2-3 feet tall, container grown in 3 to 7 gallon pots. See also Plant List with landscape plans for trade names of plants and Quantity 50% Match Leverage special status. Cost $ Bursera simaruba, Canopy 12 @ $45 $540.00 $540.00 Chrysophyllum oliviforme, Canopy 2 @ $40 $80.00 $80.00 Citharexylum fruiticosum, Undo 8 @ $25 $400.00 $400.00 Coccoloba diversifolia, Canopy 4 @ $60 $240.00 $240.00 Coccoloba uvifera, Canopy 5 @ $125 $625.00 $625.00 Coccoloba uvifera, Understory 1 @ $45 $45.00 $45.00 Colubrina arborescens, Canopy 2 @ $45 $90.00 $90.00 Colubrina elliptica, Canopy 2 @ $100 $200.00 $200.00 Colubrina elliptica, Understory 1 @ $25 $25.00 $25.00 Conocarpus erecta, Understory 2 @ $30 $60.00 $60.00 Conocarpus erecta, Canopy 4 @ $60 $240.00 $240.00 Cordia sebestena ,Canopy 5 @ $65 $325.00 $325.00 Eugenia axillaris, Understory 3 @ $25 $75.00 $75.00 Eugenia foetida, Understory 3 @ $25 $75.00 $75.00 Ficus aurea, Understory 1 @ $25 $25.00 $25.00 Ficus citrifolia, Understory 5 @ $45 $225.00 $225.00 Guapira discolor, Understory 5 @ $10 $50.00 $50.00 Mastichodendron foetidissimum, C. 6 @ $125 $750.00 $750.00 Piscidia piscipula ,Understory 4 @ $10 $40.00 $40.00 Sapindus saponaria, Canopy 2 @ $50 $100.00 $100.00 Simaruba glauca, Canopy 4 @ $45 $180.00 $180.00 Swietenia mahogani, Canopy 4 @ $125 $500.00 $500.00 Sophora tomentosa, Shrub 19 @ $8 $152.00 $152.00 Hamelia patens, Shrub 40 @ $8 $320.00 $320.00 Acacia farnesiana, Shrub 9@$8 $72.00 $72.00 Acacia choriophylla ,Shrub 18 @ $8 $144.00 $144.00 Byrsonima lucida, Shrub 27 @ $8 $216.00 $216.00 Mvrcianthes fraarans, Shrub 10 @ $8 $80.00 $80.00 Old Settlers Park, Tavernier, Monroe County Budget e-+-W-lP.> II B p~~ ~',F S""' Calyptranthes pallens, Shrub 1 8 @ $8 $ 1 44.00 $ 1 44.00 Gossypium hirsuitum, Shrub 1 6 @ $8 $1 28.00 $1 28.00 Cordia globosa, Shrub 5 @ $8 $40.00 $30.00 $ 1 0.00 Cassia chapmanii, Shrub 34 @ $8 $272.00 $272.00 Pithecellobium keyense, Shrub 1 0 @ $8 $80.00 $80.00 Callicarpa americana, Shrub 1 6 @ $8 $1 28.00 $1 28.00 St!lbt~tatl~I.1$ 11.!li~l. .j~.I. $1 ,530.00 Overhead Project Total ...'.. li..IIMII $13,.991 .99 $7,21 0.60 .,,<'(' _: {? :.~", Old Settlers Park, Tavernier, Monroe County Budget RESOLUTION NO. 243 -2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A GRANT MEMORANDUM OF AGREEMENT BETWEEN THE SOUTH FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSIDIP, INC. AND MONROE. COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY VOLUNTEERS TO IMPLEMENT A MATCIDNG GRANT PROJECT TO ASSIST IN THE RESTORATION PLANTING OF NATIVE VEGETATION AT OLD SETTLER'S PARK, TAVERNIER. WHEREAS, on Aprlll9, 2000, the Board authorized the grant application to the South Florida Community-Urban Resources Partnership (SFCURP) Program to assist in the restoration planting of Old Settler's Park; and WHEREAS, based on that application, the South Florida Community-Urban Resources Partnership, Inc. awarded a grant for the sum of $14,000 to be matched with monies from the Monroe County Environmental Restoration Fund; and WHEREAS, the South Florida Community-Urban Resources Partnership, Inc. (SFCURP, Inc.) submitted a Grant Memorandum of Agreement for execution by the Board. NOW THEREFORE, BE IT RESOL YED BY THE MONROE COUNTY BOARD OF COMMISSIONERS: to approve the Grant Memorandum of Agreement between the South Florida Community-Urban Resources Partnership, Inc. and Monroe County Board of County Commissioners Community Volunteers to implement a matching grant project to assist in the restoration planting of native vegetation at Old Settler's Park, Tavernier. ~;~ f f. f l \. PASSED AND ADOPTED BY THE BOARD OF COUNl'Y COMMISSIONERS of Monroe County, Florida, at a meeting of the Board held~ tie 21 st day of June, 200 1. ~~~ g~: C;oA z- 0 -fCii :<;-l~ yes yes yes yes yes -:-1 r- ::Po ", t::::) -,., t::::) - - r- C-. rTJ c::: CJ r- ." 0 a :::0 -u ;:0 - ...... r-., N " .. c:::; N ::0 U1 "::1 BOARD OF COUNTY COMMISSIONERS r MO.1NROE COUNTY, FLORIDA ~(J,e ~(f-d Mayor/Chairperson -