HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-202Temp Reso. #10542
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August 25, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004 - o?-a 'I,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO SUBMIT AN
APPLICATION TO THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES FOR AN
URBAN AND COMMUNITY FORESTRY GRANT NOT TO
EXCEED THE AMOUNT OF $15,000 FOR THE
PROVISION OF SHADE TREES AT THE AQUATIC
CENTER; AUTHORIZING EXECUTION OF A
MAINTENANCE MEMORANDUM OF AGREEMENT AND
GRANT MEMORANDUM OF AGREEMENT BETWEEN
THE CITY AND THE DEPARTMENT OF AGRICULTURE IN
THE EVENT THE AWARD IS APPROVED; PROVIDING
FOR A MATCH NOT TO EXCEED $15,000 IN THE EVENT
THE GRANT PROPOSAL IS APPROVED; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, THE City Commission of the City of Tamarac desires to provide
open space and recreational opportunities within the City; and
WHEREAS, the City of Tamarac realizes the importance of restoring and expanding
the tree canopy within the City; and
WHEREAS, the City Commission of the City of Tamarac realizes that trees provide
many benefits to residents including energy conservation, wildlife habitat, decreased
stormwater runoff and cleaner air; and
WHEREAS, the Florida Department of Agriculture and Consumer Services through the
Urban and Community Forestry Grant Program provides funds to municipalities for projects
designed to enhance and sustain urban environments; and
WHEREAS, the City desires to provide for shade trees at the Aquatic Center; and
Temp Reso. #10542
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August 25, 2004
WHEREAS, the application process requires that the City of Tamarac indicate that it
will maintain the trees and agrees to, upon approval of the application and acceptance of
the award, execute a Maintenance Memorandum of Agreement and Grant Memorandum of
Agreement with the Department of Agriculture; and
WHEREAS, should the application be approved and awarded, the City agrees to
maintain the trees which are the subject of this application on an ongoing basis; and
WHEREAS, the City of Tamarac is willing to match the grant request with local funds
in the event of approval; and
WHEREAS, the Assistant City Manager and Parks and Recreation Director
recommend filing the application, (attached hereto as "Exhibit A"); and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to submit an application to the
Florida Department of Agriculture and Consumer Services Urban and Community Forestry
Grant Program in the amount not to exceed $15,000 to provide for shade trees at the
Aquatic Center and enter into an Maintenance Memorandum of Agreement and Grant
Memorandum of Agreement between the City and The Department of Agriculture in the
event the award is approved.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this resolution.
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Temp Reso. #10542
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August 25, 2004
Section 2: The appropriate City officials are hereby authorized to submit the Urban
and Community Forestry Grant Application (attached hereto as "Exhibit A")
Section 3: The appropriate City Officials are hereby authorized to enter into a
Maintenance Memorandum of Agreement, (a sample of which is attached hereto as "Exhibit
B"), and a Grant Memorandum of Agreement, (a sample of which is attached hereto as
"Exhibit C), with the Department of Agriculture and Consumer Affairs should the application
be approved.
Section 4: A cash match not to exceed $15,000 is hereby authorized upon approval of
the application.
Section 5: All resolutions in conflict herewith are hereby repealed to the extent of such
conflict.
Section 6: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
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Temp Reso. #10542
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August 25, 2004
Section 7: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 8th day of September, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-T LABISCO Astc
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRA
CITY ATTORNEY-
1
TR# 10542
Exhibit A
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
ATTACHMENT E
FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2004
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 8 1 /2" X 11 ", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 1/2" X 1 V. Six (6) copies (one copy with original signatures and
(5) five copies) of the proposal packet including the proposal form, the project description and
all attachments must be received no later than 2:30 p.m., September 21, 2004 at:
Department of Agriculture and Consumer Services
Purchasing Office - UBCF - 2004 PROPOSAL.
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT K, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title:
Proposer Name:
Name and Title of Contact Person:
Address:
Zip: —
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No
FEID Number
As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the
proposal and required grant information have been read and understood and that all information
submitted herein is true and correct.
Authorized Executive Officer:
Title:
Signature:
33
Date:
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
ATTACHMENT E (CONTINUED)
GRANT PROGRAM INFORMATION
Specify Category 1, 2, 3, 4, OR 5 and designate the applicable subcategory ("General Information").
Category:
Sub -Category:
SUMMARY OF COSTS (A 50/50 match on behalf of the proposer is required).
Requested Grant $ Local Match $
1 II
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (1)
$
Total Matching Costs (II)
$ -0-
Total Program Costs (III)
$
100%
Add columns I and II for total III (100%)
% Grant request
R
%Local match
A budget, detailing all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
This project is for Population Zone 1, 2, 3, or statewide (circle one).
Please see ATTACHMENT K to determine the applicable region.
County
Describe the Specific Location of the Project:
Who has Maintenance Responsibility for the Property (Category 2 Grants)?
Is the Land Ownership Public or Private?:
Name of Landowner:
Project Title:
Proposer Name:
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BID NUMBER: RFPIDF-04105-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
ATTACHMENT E (CONTINUED)
PROJECT DESCRIPTION
(two page limit)
Urban and Community Forestry Grant Proposal
K1.1
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals 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 (category 2A and 213) must list the quantity, species, and approximate size (container size, or
caliper and height) of trees to be planted.
**** IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE
RULED INELIGIBLE ****
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
(#)
M
M
($)
Contractual
(Description)
Personnel
(list titles or
positions)
Travel
36
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
Cost Items Quantity Rate or Price Grant Cost Match Cost
V) (S) M M
Equipment
(list items)
37
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
Cost Items
Quantity
V)
Rate or Price
M
Grant Cost
M
Match Cost
M
Supplies"
(list items)
38
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
Cost Items Quantity Rate or Price Grant Cost Match Cost
Operating Costs
(list)
Trees
(list species and
size)
Overhead" wwxxxwwx rwrwwxxwxx
Total
Grant dollars may not be used to purchase food as supplies.
w' Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds
may not be used for overhead costs.
39
TR # 10542
Exhibit B
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
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
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 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:
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:
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties:
(a) All planting stock or replacement must be Florida Grade #1 or better.
(b) Proper watering and proper fertilization of all trees/plants.
(c) Keeping trees/plants as free as practicable from disease and harmful insects;
(d) Proper mulching of trees and/or planting beds;
(e) Keeping the premises free of weeds;
(f) Mowing and/or cutting grasses to the proper length;
(g) Proper pruning of all trees which includes; (1) removing dead or disease parts of trees or
(ii) pruning such parts thereof which present a hazard;
(h) Removing and replacing dead or diseased trees/plants in their entirety, or removing and
replacing those that fall below original Project Standards.
(i) 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
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BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
project area. The above named functions to be performed by the Entity (Subrecipient) shall
be subject to periodic inspections by the Department. It is 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.
This Agreement may by terminated under any one of the following conditions:
(a) 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.
(b) By either party following sixty (60) calendar days written notice.
(c) By both parties following the complete execution by both parties of an agreement to
terminate this agreement.
3. The terms of this Agreement commence on the date of Certification of Acceptance and
continue for a period of three (3) years.
4. 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:
(a) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of
the grant award.
(b) If this agreement is terminated during the second year of this agreement, 50 percent of
the grant award.
(c) If this agreement is terminated during the third year of this agreement, 25 percent of the
grant award.
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.
6. 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.
7. 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.
8. This Agreement shall be governed by and construed in accordance with the laws of the State
of 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 certified with return receipt requested, or by telex
(FAX) or telegram:
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BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
If to the Department, addressed to Grants Coordinator, Forest Management Bureau, 3125
Conner Boulevard, 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:
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.
10. Time is of the essence of this agreement.
11. 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 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.
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
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BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
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.
(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
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BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
(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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day
and year first above written.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
BY:
Director, Division of Administration
Name of Entity (Subrecipient)
In
Title:
ATTEST:
61
(SEAL)
TR # 10542
Exhibit C
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
ATTACHMENT H
URBAN AND COMMUNITY FORESTRY U&CF
GRANT 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
, hereinafter called the Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and
community forestry by granting funds to the Entity (Subrecipient)for the purpose as outlined in grant
application Number , included herein as Exhibit A and by reference made a part hereof:
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 Department has awarded the Entity (Subrecipient)an urban forestry grant for the
specific project set forth in the U&CF Grant Application Number hereinafter the
"project";
WHEREAS, the Entity(Subrecipient) by Resolution No. dated
has indicated its support of the grant application and authorized its officers to execute this Agreement on
its behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the
U&CF Grant application and the need for entering into an agreement designating and setting forth the
responsibilities of each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the
parties covenant and agree as follows:
Failure by the Entity (Subrecipient) to sign and return this agreement by
shall constitute forfeiture of the award.
2. The effective date of this agreement is 20
3. The Entity (Subrecipient) shall complete the project by September 30, 2005 as set forth in the
Urban and Community Forestry Grant Application Number approved by the
Department on , during which time the grant shall continue in effect. The
criteria for the project is set forth therein. The final date by which such criteria must be met for
completion of this agreement is September 30, 2005.
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.
4. The Entity (Subrecipient) has estimated the project cost to be $ 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 $ 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 Entity (Subrecipient) with the initial three (3) months of
implementation, the Department may make an advance of no more than 25 percent of the
grant award. The Entity (Subrecipient) must request the advance payment in writing using
forms provided by the Department. Funds provided as an advance payment must be placed in
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BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
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 Entity (Subrecipient) prior to Certification of Acceptance by the
Department. The final payment shall not be made until Certification of Acceptance is received
from the Department. 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. Upon receipt of the Certification of
Acceptance, the Entity (Subrecipient) may submit an invoice for final payment.
(a) Purchases of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written record of telephone quotations or informal bids to be opened upon
receipt, whenever practical. 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.
(b) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit 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 Department at all 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 Department upon request. Records of costs incurred include all
records of the costs of the Entity (Subrecipient) and subcontractors considered
necessary by the Department 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 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 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 of
36 months from the date of being placed on the convicted vendor list.
5. ' The Entity (Subrecipient) 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 parties in maintaining the project.
6. The Entity (Subrecipient) agrees to submit to the Department an interim report on project
accomplishments by and a final report summarizing project
accomplishments as a prerequisite to final acceptance by the Department. Failure to submit a
required report or submission of an unsatisfactory report is sufficient grounds for termination of
this agreement according to the provisions of Section 7(b). The Entity (Subrecipient) upon
project completion shall submit a news release to local newspaper media highlighting the
successes of the project.
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BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
7. This Agreement may be terminated under any one of the following conditions:
(a) By the Department, unilaterally, for refusal by the Entity (Subrecipient) to allow public
access to all documents, papers, letters, or other material subject to Chapter 119, F.S.
and made or received by the Entity (Subrecipient) in conjunction with this Agreement.
(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) calendar days written notice.
(d) By both parties following the complete execution by both parties of an agreement to
terminate this Agreement.
(e) Notice to Entity(subrecipient): The Department shall consider the employment by any
entity (subrecipient) of unauthorized 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 terminated before the Department has paid the Entity
(Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity
(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.
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 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 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 Department.
10. 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.
11. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded for
participation in this grant program by any Federal department or agency.
12. This Agreement, together with any Maintenance Agreement, if executed, 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,
13. 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.
14. This Agreement, regardless of where executed, shall be governed by and construed in
accordance with the laws of the State of Florida.
52
BID NUMBER: RFPIDF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
15. All notices, demands, requests or other instruments shall be given by depositing the sane in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by
telex(FAX) or telegram:
(a) If to the Department, address to Grants Coordinator, 3125 Conner Boulevard, Forest
Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the
Department may from time to time designate by written notice to the Entity (Subrecipient);
(b) If to the Entity (Subrecipient) addressed to:
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.
16. Time is of the essence of this agreement.
17. 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 Comptroller, and Chapter 10.600, rules of the Auditor General. In determining the
state financial assistance 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.
(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.
53
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
(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 Comptroller, 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.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow
the state awarding agency, the Comptroller, 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, auditors 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
(9) The Recipient is hereby notified of and bound by the requirements of F., above.
54
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
18. If this agreement contains federal funding in excess of $100,000, the Entity (subrecipient)
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
Department. All disclosure forms as required by the Certification.
19. Lobbying form must be completed and returned to the Department.
20. 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 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 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.
21. 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
project shall not be restricted under the copyright laws of the United States of 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 Division of Forestry.
22. Entities (Subrecipients) providing goods and services to the Department should be aware of
the following time frames. 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 Comptroller 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 which have to be returned to a Entity
(Subrecipient) because of Entity (Subrecipient) preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the department.
A Vendor Ombudsman has been established within the Department of Banking and Finance.
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
55
BID NUMBER: RFP/DF-04/05-02 OPENING DATE: SEPTEMBER 21, 2004 @ 2:30 PM
Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23. The Entity (Subrecipient) is informed 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 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.
24. The Entity (Subrecipient) is informed that the Department shall consider the employment by an
Entity (Subrecipient) 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.
25. The contractor 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 WITNESS WHEREOF, the parties hereto have caused these
presents to be. executed the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
In
Director, Division of Administration
Name of Entity (Subrecipient)
e1Z
Title:
Attest: (SEAL)
3l
Florida Department. of Agriculture and Consurner Services
CHARLES H. BRONSON, Commissioner '?'{ lr` ,, `:'-,C T
The Capitol *Tallahassee, Ft, 32399-0800 0 0 9 8 0 ��
Please Respond to:
Division of Forestry
Forest Management Bureau
3125 Conner Blvd. C-25
August 24, 2006 Tallahassee, FL 32399-1650
Telephone: (850) 488-6611
Fax: (850) 921-6724
Mr, Lance Moll
City of Tamarac
8601 W. Commercial Boulevard
Tamarac, Florida 33321-2401
RE: Contract Number 9805
Dear Mr. Moll:
This letter, upon execution by both parties and attachment to the original contract, shall serve to
amend and extend Grant Memorandum of Agreement 9805. This amendment is contingent upon
approval from the U.S. Forest Service granting an extension of availability of funds.
The contract shall be amended and revised as follows:
Page 1, Paragraph 11:
The Entity (Subrecipient) shall complete the project by September 30, 2007 as set forth in the Urban and
Community Forestry Grant Application Number 05-20 approved by the Department on April 7, 2005,
during which time the grant shall continue in effect. The criteria for the project is set forth therein. The
final date by which such criteria must be met for completion of this agreement is September 30, 2007.
NO OTHER PROVISIONS F THIS CONTRACT ARE AMENDED OR OTHERWISE ALTERED BY THIS
AMENDMENT.
Mike Gresham" (Signature)
Director of Administration
Department of Agriculture
and Consumer Services 1.•f
(Title)
A
(Date) (Company)
T
VED AS TO LEGAL FORM / 4(
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OEFIGE OF TWE��Y��;,O�NY
DATED:
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Florida Agriculture and Forest Products
$62 Billion for Florida's Fcortomy