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HomeMy WebLinkAboutCity of Tamarac Resolution (171)r Temp Reso. #9827 June 14, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-171 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR AN URBAN AND COMMUNITY FORESTRY GRANT IN THE AMOUNT OF $10,000 FOR THE PROVISION OF ADDITIONAL TREES FOR THE CITY'S STREET IMPROVEMENT PROGRAM; AMENDING THE GRANTS FUND BUDGET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is committed to enhancing the medians throughout the City through the installation of landscaping and trees; and WHEREAS, the City of Tamarac submitted a grant application to the Florida Department of Agriculture and Consumer Services Division of Urban and Community Forestry in the amount of $10,000 for the provision of additional trees for the City's Street Improvement Program; and WHEREAS, the City of Tamarac has been awarded a grant in the amount of $10,000 from the Florida Department of Agriculture and Consumer Services Division of Urban and Community Forestry; and WHEREAS, the Florida Department of Agriculture and Consumer Services Division of Urban and Community Forestry requires execution of a Grant Memorandum of Agreement and Maintenance Memorandum of Agreement in order to process the grant award; and Temp Reso. #9827 June 14, 2002 Page 2 WHEREAS, the City of Tamarac is willing to match the grant funding in the amount of $10,000 through Street Improvement Program funds; and WHEREAS, the City Manager and the Director or Public Works recommend the execution of the Grant Memorandum of Agreement and Maintenance Memorandum of Agreement; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents to execute the Florida Department of Agriculture and Consumer Services Division of Urban and Community Forestry Grant Memorandum of Agreement and Maintenance Memorandum of Agreement in the amount of $10,000 for the provision of additional trees for the City's Street Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Grant Memorandum of Agreement and Maintenance Memorandum of Agreement hereto attached as Exhibit A. SECTION 3: The City Commission authorizes the appropriate City Officials to amend the grants fund budget in the amount of $10,000 and appropriate said funds I � N including any and all subsequent budgetary transfers to be in accordance with proper accounting procedures. �I 1 Temp Reso. #9827 June 14, 2002 Page 3 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 26T" day of June, 2002. ATTEST: I MARION S ENSON, CMC CITY CLERK City Attorney SCHREIBER ayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE Page I of 10 ATTACHMENT G URBAN AND COMMUNITY FORESTRY (U&CF) GRANT MEMORANDUM OF AGREEMENT his ment, made and entered into this the /2-- day of ,2Q_0 2,,by and between the STATE OF FLORIDA DEPARTMENT F A CULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the "Department" and the City of Tamarac 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 01-54 , 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 o e nefit that improve from the implementation of urban and community forestry p j 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 _01.-54 _ hereinafter the "project"; Y N/A , WHEREAS, the Entity(Subrecipient) b Resolution oof the rant dated N/A , has indicated its supportg 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: 1. Failure by the Entity (Subrecipient) consti o to signand d' ture return oftthe agreement by Jul 29, 2002 award. 2. The effective date of this agreement is 20 The Entity (Subrecipient)shall complete the project by . September 30, 2003 as set forth in the Urban and Community Forestry Grant Application Number 01-54 approved by the Department on during which time the grant shall continue in effect. The final date by The criteria for the project is set forth therein. which such criteria must be met for completion of this agreement is September 30, 2003. Page 2 of 10 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 $ 20,300.00 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 $ 10,000.00 or fifty percent (500) 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 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 page 3 of 10 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. S. 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 January 31, 2003 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. 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. both (d) By both parties following the complete execution by parties of an agreement to terminate this Agreement. (e) Notice to Entity(subrecipient): The Department shall consider Page 4 of 10 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 th-e 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. 15. 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: Page 5 of 10 (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: Diane Phillips Mitchell S. Kraft Assistant to the City Manager City Attorney City of Tamarac City of Tamarac 7525 NW 88th Avenue 7525 NW 88th Avenue Tamarac, FL 33321 Tamarac, FL 33321 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. Page 6 of 10 8. 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. 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 Page 7 of 10 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 ill West Madison Street Tallahassee, FL 32302-1450 Page 8 of 10 G. The Recipient is hereby notified of and bound by the requirements of F., above. 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 $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 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 $300,000 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. 20. 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 Page 9 of 10 been prepared using Urban and Community Forestry grant funds received through the Division of Forestry. 21. 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 Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 22. 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. 23. 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. 24. 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 Page 10 of 10 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 DEPARTE114T OF AG CULTU E AND CONSU VIC BY: Director Division of Administration Citv of Tamarac NamQ of Entity (Subrecipient) By _.�%� l'itic: City Manager By Title: City Attorney By:- Title: Mavor PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M. Attachment D FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2001 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 Y2" X 11 ", except any attached sketches, plans and maps which must be no larger than 2' X T and folded into 8 Y2" X 11 ". 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, 2001 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2000 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: Tree Canopy Street Improvement Proposer Name City of Tamarac Name and Title of Contact Person: Address: Diane Phillips, Special Projects Manager 7525 NW 88th Avenue, Tamarac Zip: 33321-2401 Phone: 954-724--1230 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes X No FEID Number 59-1039552 As the duly authorize 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: City Manager SiQnature:'=' 0 YA16., - /� `'(� Jeffrey L. Miller 35 PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 aC 2:30 P.M. ATTACHMENT D (Cont.) GRANT PROGRAM INFORMATION Specify Category 1, 2, 3, 4, OR 5 and designate the applicable subcategory (see pages 15-22, "General Information"). Category: (#2) Demonstration or Site Specific Projects 9 Sub -Category: (A) Demonstration Tree/Palm Planting Projects on Public Property 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 $10,000.00 $10,300.00 Overhead costs Total Requested Grant (1) $ 10,000.00 -0- Total Matching Costs (I I) $ -0- $ $10 , 3 0 0.0 0_ Total Program Costs (111) $ $ 2 0 , 3 0 0 .0 0 100% Add columns I ajid II for total III (100%) 49 % Grant request 51 %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 J to determine the applicable region. County Broward Describe the Specific Location of the Project: The segment is located on 57th Street in Tamarac between 79th Avenue and 63rd Avenue Who has Maintenance Responsibility for the Property (Category 2 Grants)? City of Tamarac Is the Land Ownership Public or Private?: Public Name of Landowner: City of Tamarac K%1 Tamarac Tree Canopy Street Improvement Project Project Description The City of Tamarac, Florida, located in Broward County, has a population of 56,047 (University of Florida, 2001). Tamarac was incorporated in 1963 and grew rapidly much as the rest of Broward County. In the development process, many of the natural areas and tree cover were lost. A 1996 study conducted by the Broward County Department of Planning and Environmental Protection mapped the tree canopy for Broward County, demonstrating that Tamarac currently has 13% urban tree canopy coverage, compared to a countywide average of 16.5%. The study demonstrated the City's need for increased tree canopy, ranking the City in the lowest third percentile for Broward County. In an effort to foster the growth and sustainability of our urban forests, Broward County began the Urban Forest Initiative. The City supports the County's vision to protect the environment and develop a comprehensive environmental strategy. The goal of the Urban Forest Initiative is to increase the County's overall present tree canopy through public education, intergovernmental coordination, community involvement, tree protection ordinances, tree giveaways and plantings, and monitoring the tree canopy countywide. Tamarac has taken an aggressive approach to tree care and conservation and has aligned itself with Broward County's Urban Forest Initiative. In keeping with the County's vision, the City has developed a Master Landscape Plan so that new development emphasizes the concept of "right tree, right place" along with a preference for native species. The City has attained Tree City USA status and has published a Homeowner's Guide to Proper Tree Care. Recent amendments to the City's Comprehensive Plan further solidify the City's commitment to restoration of the tree canopy by providing for clearing exotic species and replacing them with native trees and plants. In 1999, the City began the Road Resurfacing Project, which is a comprehensive project for resurfacing and beautifying all 133 miles of City -owned roads. This project is divided into several phases involving different aspects of design, milling, resurfacing, landscaping, irrigation, and curbing. As part of this project, the City will enhance the tree canopy on the medians in these areas. Phase IV of the project includes median beautification in various locations throughout the City, encompassing improvements to 19 miles of roadways. The City will enhance the community forests by: • Preservation and enhancement of the existing landscape • Building on the landscape themes that are already prevalent throughout the City while incorporating the concept of "right tree, right place" • Designing safe, low maintenance median plantings Tamarac Tree Canopy Street Improvement Project As part of the landscape preservation and design process, the City has completed a tree survey. This survey was conducted in order to locate and document every tree within the various medians of the project and to determine the species of every tree and its general size. The City's design approach for this project is to build on many of the existing medians already present within the City while also enhancing the mature tree canopy in a safe, maintenance -friendly method. For the purposes of this grant, the City will focus on areas on 57th Street, between 79th Avenue and 63rd Avenue. This section is part of the larger road - resurfacing project that will install a variety of trees and ground cover throughout the City, including Queen and Cabbage Palms, Geigers, Poincianas, Live Oaks, Mahoganies, and Pink Trumpets. The City of Tamarac Public Works Department will be responsible for maintenance of the trees and ground cover. The City will accept responsibility for maintenance of the project on an ongoing, perpetual basis in accordance with the Planting and Maintenance Guidelines as outlined in the RFP. Summary The City of Tamarac is proud of the strides it has made in developing its Urban Forestry Program. Activities such as the development of the City's Master Landscape Plan, publication of a Homeowner's Guide to Proper Tree Care, and Tree City USA designation have all contributed to resident awareness and established development standards, relative to tree canopy creation and preservation. There has been tremendous community support and input relative to the development of the proposed project (see resolution and letters of endorsement attached). While the City has budgeted funding for median landscaping, a $10,000 grant will further help the City rebuild its urban tree canopy. These additional funds will further the City's and Broward County's goal to increase the overall tree canopy thus reducing energy costs, decreasing stormwater runoff, and improving air and water quality. PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M. Attachment D (Cont.) 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 M Rate or Price M Grant Cost M Match Cost M Contractual (Description) None Personnel (list titles or positions) None PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M. Cost Items Quantity V) Rate or Price M Grant Cost M Match Cost M Travel None Equipment (list items) None 39 PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M. Cost Items Quantity (#) Rate or Price M Grant Cost M Match Cost M Supplies* (list items) See Tree Column !to] PROPOSAL #RFP/DF-01102-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M. Cost Items Quantity (#) Rate or Price M Grant Cost M Match Cost M Operating Costs (list) None 41 PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost M M M M Trees r (list species and size) Palm (Queen and 145 $140/ea $10,000 $1.0,300 Cabbage) 8 ' -16' Clear Trunk +NOTE: Above costs include installation Overhead** *******•*••***••** Total 145 1 $140/ea $10,000 $10,300 * Grant dollars may not be used to purchase food as supplies. '« 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. 42 r� of _1W IF got. F--�.o gun mr� Nw 57 ST ,",hhoue 11 cEA7 JACE x,ER( ANGI LOPE PJ NE uza®. a� P�Iv Plvih,) F PS6117! CITY C TAMPJ � � LS-` 50 F U GLAT JACK EMRC ANGI LOPF MCI— W-ms CITY C TAMAi _ ,, PROCINN . �N 6 o 3Palms p—a. t �F— ca6603, Palms ' NW 57 ST LAHOSC-1 "S� GLA .. .. .. .. ]AC: .—_.... .. rndoage�s r.�.T.. emo�,o.e...��-..i LDF RIN I - • NW 57 ST __. ... - n i TAM PRIX'.F ROTC NW 57 ST �tiOMMERCIAL -�� GL JA( KFJ AN LO P-D =C spa. W— CST TAN moc wrc 11 GI rp, HE AT LC RI F W- Wu Mon P.f6 cli TAi PFO 9Rp Ru a e ------------ ----------- , , a. GLA -- — -- --- JACI -� HER NW 51 STW�—— LOP NW 57 ST - -" RIN , � cx _.. CITY TAM 3 IRC .---- ----- --------•--- I = --------• = . A Page 1 of 5 URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT�n s agret, made and entered into this the STATE FLORIDA,ayo 20AO��by and between D Pr�r_ AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the Department and the City of Tamarac I 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 01-54 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: 1. 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: On 57th Street in Tamarac b 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. Page 2 of 5 (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; (I) 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 Jitter removed from the project area. The above named functions to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is 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. 2. 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 Page 3 of 5 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. 5. 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: (1) 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 Page 4 of 5 (2) If to the Entity (Subrecipient) addressed to: Diane Phillips Mitchell S. Kraft Assistant to the City Manager City Attorney City of Tamarac City of'1"amarac 7525 NW 88"' Avenue 7525 NW 88t" Avenue "Tamarac, FL 331321 Tamarac, FL 33321 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. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347 Florida Statutes, and the Entity (Subrecipient) is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the Department, the Judicial Branch, or any other state agency. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.349, Florida Statutes, which are: (1) The Department 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 this contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the Department, the Judicial Branch or any state agency. (2) If the Entity (Subrecipient) is a local government agency, non-profit 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 greater than $25,000 but not more than $100,000 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 $100,000 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 Department and the Auditor General. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Page 5 of 5 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUM R S VICE BY - Director Division of Administration ("I ty of Tamarac Name of Entity (Subreeipieiit) By By:r 71, `fitic: Mavor ATTEST &0��j - �, 'E'AL) ATTACHMENT I EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES A) Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right -of --way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non -biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that Large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B) Mulching Mulch an area at least three times the diameter of the root ball to a dept of 2-4" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches way from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 2--4" layer over the life of the project. C Staking Stake only if necessary. For example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if wire is inside rubber hose. Stakes and•ties should remain on the trees no longer than one year to avoid girdling. D) Pruning At the time of planting only dead, damaged, rubbing or cross branches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective/structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. E) Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods. As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area, this will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degree of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non -irrigated sites need to be monitored more closely. F) Fertilizi Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs/stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly.