HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-270Temp Reso. #9536
Page 1
September 14, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001 -270
A RESOLUTION OF THE CITY COMMISSION OF
THE
4 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 IN
THE
AMOUNT OF $10,000 FOR THE PROVISION
OF
ADDITIONAL TREES FOR THE CITY'S STREET
IMPROVEMENT PROGRAM; PROVIDING FOR
A
MAINTENANCE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE DEPARTMENT
OF
AGRICULTURE IN THE EVENT THE AWARD
IS
ACCEPTED; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR
AN
EFFECTIVE DATE.
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 City of Tamarac realizes the importance of restoring and expanding
the tree canopy within the City; and
WHEREAS, The City of Tamarac is committed to enhancing the medians throughout
the City through the installation of landscaping and trees; and
WHEREAS, the Department of Agriculture and Consumer Services through the Urban
and Community Forestry Grant Program provides funds to municipalities for the expansion
of the tree canopy through site specific projects on public spaces; and
WHEREAS, should the application be approved and award accepted, the City agrees
to maintain the trees which are the subject of this application on an ongoing basis; and
Temp. Reso. # 9536
Page 2
September 14, 2001
WHEREAS, the application process requires that the City of Tamarac indicated 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 with the Department of
Agriculture; and
WHEREAS, the City of Tamarac is willing to match the grant request of $10,000
through the Street Improvement Program; and
WHEREAS, the City Manager and the Director of Public Works recommend filing of
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 of $10,000 for the enhancement of the medians as part of the
Street Improvement Program.
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.
Section 2: The appropriate City officials are hereby authorized to submit the Urban
and Community Forestry Grant Application (attached hereto as "Exhibit A") and made a part
hereof.
Section 3: It is hereby agreed that the City will maintain the trees on an ongoing basis
and will enter into a maintenance memorandum of agreement, a sample of which is`included
on page 61 of the State of Florida Request for Proposal (attached hereto as "Exhibit B"), with
Temp. Reso. # 9536
Page 3
September 14, 2001
1
1
the Department of Agriculture and Consumer Affairs should the application be approved and
award accepted.
Section 4: All 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 in application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED, AND APPROVED this 26th day of September, 2001.
AT EST:
MARION SWNSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
'ITCHELL S.
CITY ATTO
r
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER AM
DIST 1: COMM. PORTNER A &
DIST 2: COMM. MISHKIN A1yel
DIST 3: V/M SULTANOF A - yei
RIST 4: COMM. ROBERTS A e�
Temp. Reso. #9536
SUBMIT PROPOSAL TO: STATE OF FLORIDA
DEPT. OF AGRICULTURE AND CONSUMER SERVICES
4070 SOUTH CA HOUN STREETG, ROOM SB.7 REQUEST FOR PROPOSAL
TALLAHASSEE, FLORIDA 32399.0800 CONTRACTUAL SERVICES
Telephone Number: (850) 488.7552 Bidder Acknowledgment
Page 1 of 252 PROPOSALS WILL BE OPENED90 PROPOSANO/DF-01102.01
pages and may not be withdrawn within days after such date and time.
AGJUIL.Y 231�00� DATE; I PROPOSALTITLE:NATIONAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
STATE PURCHASING SUBSYSTEM (SPURS) VENDOR NUMBER
59-1035992
VENDOR NAME
City of Tamarac
VENDOR MAILING ADDRESS
7525 NW 88th Avenue
REASON FOR NO PROPOSAL
CITY - STATE - ZIP POSTING OF BID TABULATIONS
Tamarac FL 3 3 3 21-2 4 01 Bid tabulations with recommended awards will be posted for review by interested parties at the
location where bids were opened and will remain posted for a period of 72 hours. Failure to file a
AREA CODE PI ONE NUMBER — protest within the time prescribed in Section 120.57(3), or fa'�Jitrpp��pp,,ppqq,���,.ttppqq Upppd oo��,,pp� r security
required by law within the time allowed for filing a bond shall cBdStit4Aa133CNfaLdlplaEtl�llklgs under
954 FREE NUMBER Chapter 120, Florida Statutes. Posting will be on or about:
I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation
firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects
fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am
authorized to sign this Proposal for the Proposerand that the Proposer is in compliance with all requirements
of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to
an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the
Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all
causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the
State of Florida for price fixing relating to the particular commodities or services purchased or acquired by
the State of Florida. At the State's discretion, such assignment shall be made and become effective
at the time the purchasing agency tenders final payment to the Proposer.
AUTHORIZED SIGNATURE (MANUAL)
Jeffrey L. Miller, City Manager
AUTHORIZED SIGNATURE (TYPED) TITLE
GENERAL CONDITIONS
SEALED PROPOSALS: All proposal sheets and this original acknowledgment form must be
executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE PROPOSAL
PER ENVELOPE.) The face of the envelope shall contain, in addition to the above address, the date
and time of the proposal opening and the proposal number. Proposal prices not submitted on attached
proposal price sheets when required shall be rejected. All proposals are subject to the conditions
specified herein. Those which do not comply with these conditions are subject to rejection.
1. EXECUTION OF PROPOSAL: Proposal must Contain a manual signature of authorized
representative in the space provided above. Proposal must be typed or printed in ink. Use of
erasable ink is not permitted. All Corrections made by proposer to his proposal price must be
initialed. The company name and SPURS vendor number shall appear on each page of the bid
as required. Complete ordering instructions must be submitted with the proposal. If you are not a
registered vendor with the Department of Management Services, contact State Purchasing, 4050
Esplanade Way, Suite 360, Tallahassee, FL 32399.0950. (850) 487.4634 immediately.
2. NO PROPOSAL SUBMITTED: If not submitting a proposal, respond by returning
only this proposer acknowledgment form, marking it "NO PROPOSAL" and explain the reason in
the space provided above. Failure to respond to a procurement solicitation without giving justifiable
reason for such failure, non-conformance to contract Conditions, or other pertinent factors deemed
reasonable and valid shall be cause for removal of the supplier's name from the proposal mailing
list. NOTE: To qualify as a respondent, proposer must submit a "NO PROPOSAL", and it must
be received no later than the stated proposal opening date and hour.
3. PROPOSAL OPENING: Shall be public, on the date, location and the time specified on
the acknowledgment form. It is the proposer's responsibility to assure that his proposal is delivered
at the proper time and place of the proposal opening. Proposals which for any reason are not so
delivered, will not be considered. Offers by telegram or telephone are not acceptable. A proposal
may not be altered after opening of price proposals. NOTE: Proposal tabulations will be furnished
upon written request with an enclosed, self addressed, stamped envelope and payment of a
predetermined fee. Proposal files may be examined during normal working hours by appointment.
Proposal tabulations will not be provided by telephone.
4. PRICES, TERMS AND PAYMENT: Firm prices shall be proposed and include all
services rendered to the purchaser.
(a) TAXES: The State of Florida does not pay Federal Excise and Sales taxes on direct
purchases of services. See tax exemption number on face of purchase
order. This exemption does not apply to purchases of services in the performance of contracts
for the improvement of state-owned real property as defined in Chapter 192, F. S.
(b) DISCOUNTS: Cash discounts for prompt payment shall not be considered
in determining the lowest net cost for proposal evaluation purposes. $.
(C) MISTAKES: Proposers are expected to examine the conditions, scope of work, proposal
prices, extensions, and all instructions pertaining to the services involved. Failure to do so
will be at the proposer's risk. Unit prices bid will govern in award.
(d) INVOICING AND PAYMENT: The contractor shall be paid upon submission
of properly certified invoices to the purchaser at the prices stipulated on the contract
at the time the order is placed, after delivery and acceptance of goods, less deductions
if any, as provided. Invoices shall contain the Contract number, purchase order
number and the contractor's SPURS vendor number. An original and three
(3) copies of the invoice shall be submitted.The final payment shall not be made until after the
contract is Complete unless the State has agreed otherwise. Invoices for fees or other
compensation for services or expenses submitted in accordance with the rates at or below
those specified in Sections 112.061 and 287,058, F.S.INTEREST PENALTIES: Payment
shall be made in accordance with Section 215.422, F.S., which states the
contractor's rights and the State agency's responsibilities concerning interest
penalties and time limits for payment of invoices. VENDOR RESPONSE SYSTEM: To access
an interactive Voice Response System for vendor payment inquiry. Vendors may Call (850)
413-7269 between 7 a.m. and 6 p.m. Monday through Friday to check on the status of payments
by State agencies. The system can accommodate English and Spanish speaking callers.
VENDOR OMBUDSMAN: Vendors providing goods and services to an agency should be aware
of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve
the goods and services, unless the bid specifications, purchase order or Contract specifies
otherwise. An agency has 20 days to delivera request for payment (voucher) to the Department
of Banking and Finance. The 20 days are measured from the latter of the date the invoice is
received or the goods and services are received, inspected and approved. If a payment is not
available within 40 days, a separate interest penalty set by the Comptroller pursuant to Section
5$.03 FS., will be due and payable, in addition to the invoice amount, to the vendor. To obtain
the applicable interest rate, contact the agency purchasing office. The interest penalty provision
applies after a 35 day time period to health care providers, as defined by rule. Interest penalties
of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices
which have to be returned to a vendor because of vendor 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 agency. A Vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of this individual include acting as an advocate
of vendors who may be experiencing problems in obtaining timely payment(s) from a State
agency. The Vendor Ombudsman may be contacted a (850) 488-2924 or by calling the State
Comptroller's Hotline, 1-800-848.3792. State Purchasing shall review the conditions and
circumstances surrounding non-payment, and unless there is a bona fide dispute, State
Purchasing may, in writing, authorize the contract supplier to reject and return purchase orders
from said agency until such time as the agency complies with the provisions of Section 215,422, F.S.
(e) ANNUAL APPROPRIATIONS: The State of Florida's performance and obligation to
pay under this contract is contingent upon an annual appropriation by the Legislature.
CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter
112, F.S. Proposers must disclose with their proposal the name of any officer, director, or agent
who is also an employee of the State of Florida, or any of its agencies. Further, all proposers must
disclose the name of any State employee who owns, directly or indirectly, an interest of five (5%) or
more in the proposer's firm or any of its branches. In accordance with Chapter 287, FS., no
person or firm receiving a contract that has not been procured pursuant to Section 287,057(2) or
(3), F.S., to perform a feasibility study of the potential implementation of a subsequent contract,
participating in the drafting of a request for proposals, or developing a program for future
implementation shall be eligible to Contract with the agency for any Contracts dealing with that
specific subject matter; and proposers must disclose with their proposal any such Conflict of interest.
PUR 7033 Rev. 6/1198
Temp. Reso. #9536
Exhibit "A"
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 W X 11", except any attached sketches,
plans and maps which must be no larger than 2' X T and folded into 8 YT 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: Diane Phillips, Special Projects Manager
Address: 7525 NW 88th Avenue, Tamarac
Zip: 3 3 3 21-2 4 01 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: Jeffrey L. Miller
Title: City Manager
Signature: _ (Date): —
35
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 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 PlantingProjects 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
Overhead costs
Total Requested Grant (1) $
Total Matching Costs (II) $
Total Program Costs (III) $
$101000.00
10,000.00
$20,300.00
Add columns I anO II for total III (100%)
Grant request
-0-
$ $1,0_,_3 9 00__
100%
51
A budget, detailing all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type)
(Complete where applicable)
%Local match
This project is for Population Zone 1, 2, 3, or statewide (circle one). Please see Attachment J to
determine the applicable region.
County froward
Describe the Specific Location of the Project: The segment is located on 57th Street in
Tamarac between: 79th Avenue and 63rd Avenue
Who has Maintenance Responsibility for the Property (Category 2 Grants)?
City of Tamarac
Is the Land Ownership Public or Private?: Public
Name of Landowner: City of Tamarac
36
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 a@ 2:30 P.M.
Project Title: Tree Canopy Street Improvement
Proposer Name: City of Tamarac
Attachment D (Cont.)
PROJECT DESCRIPTION
(two page limit)
Urban and Community Forestry Grant Proposal
See Attached
37
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 a@ 2:30 P.M.
Attachment D (Cont.)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all
anticipated expenditures and explains all project costs. Proposals for site specific
demonstration tree planting projects (category 2A and 28) must list the quantity, species, and
approximate size (container size, or caliper and height) of trees to be planted.
**** IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM
WILL BE RULED INELIGIBLE ****
Cost Items
Quantity
M
Rate or Price
M
Grant Cost
M
Match Cost
M
Contractual
(Description)
None
Personnel
(list titles or
positions)
None
38
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
Cost Items
Quantity
(#)
Rate or Price
M
Grant Cost
($)
Match Cost
M
Travel
None
Equipment
(list items)
None
39
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
Cost Items
Quantity
(#)
Rate or Price
($)
Grant Cost
M
Match Cost
M
Supplies`
(list items)
See Tree
Column
40
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
Operating_ Costs
(list)
None
41 -
Temp. Reso. #9536
Exhibit "A"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
M
($I
M
M
Trees t
(list species and
size)
Palm
(Queen and
145
$140/ea
$10,000
$10,300
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
Temp. Reso. #9536
Exhibit `B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
ATTACHMENT H
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:
61
Temp. Reso. #9536
Exhibit `B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
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 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.
L•"Y�
Temp. Reso. #9536
Exhibit `B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
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.
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:
l:�?
Temp. Reso. #9536
Exhibit `B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
a. 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
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.
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:
a . 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.
b. If the Entity (Subrecipient) is a local government agency, non-profit
organization, or not -for -profit organization it shall: (1) 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)
64
Temp. Reso. #9536
Exhibit "B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
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.
BY:
F--W
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Director, Division of Administration
Name of Entity (Subrecipient)
Title:
Attest: (SEAL)
[40
Temp. Reso. #9536
Exhibit `B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
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.
R.
Temp. Reso. #9536
Exhibit `B"
PROPOSAL #RFP/DF-01/02-01 OPENING DATE: SEPTEMBER 21, 2001 @ 2:30 P.M.
C
E.
F.
Stakina
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 gridling.
Pruning
At the time of planting only dead, damaged, rubbing or cross branches or fonds 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.
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.
Fertilizing
Begin a fertilization program within the firsts 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.
,:Y1