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BIð NUMBER: RFPIDF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. H. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. I. 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 (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 Department may from time to time designate by written notice to the Entity (Subrecipient); and If to the Entity (Subrecipient) addressed to: City of Casselberry 95 Triplet Lake Drive Casselberry, FL. 32707 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 tenms 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 s1ate financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equaf 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 Govemor, rules of the Chief Financiaf Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assis1ance expended in its fiscal year, the Recipient shall consider all 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. 56