Loading...
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