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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-191Temp. Reso. # 6407 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- 9 ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE FLORIDA AMERICA THE BEAUTIFUL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM AND THE CITY OF TAMARAC RELATING TO DISBURSEMENT OF MATCHING FUNDS IN THE AMOUNT OF SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) FROM THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY FOR A STREET TREE INVENTORY PROJECT IN TAMARAC, FLORIDA; AUTHORIZING A TRANSFER OF FUNDS IN THE AMOUNT OF $7,500 FROM MATCHING GRANTS ACCOUNT 001- 872-519-830 INTO THE APPROPRIATE ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac; and WHEREAS, Assistant City Manager Dina McDermott prepared a grant application for the Street Tree Inventory Project in Tamarac; Florida under the Florida America the Beautiful Urban and Community Forestry Grant Program; and WHEREAS, the grant application was submitted and presented to the State of Florida Department of Agriculture and Consumer Services Division of Forestry on June 30, 1992; and WHEREAS, the State of Florida Department of Agriculture and Consumer Services Division of Forestry accepted and approved this grant application and funding in the amount of Seven Thousand Five Hundred Dollars ($7,500.00); and WHEREAS, the City of Tamarac has prepared a matching grant application to fund a street inventory project; and WHEREAS, the City of Tamarac is required to enter into an Agreement that governs the disbursement of grant funds to finance the approved project; and WHEREAS, this grant project is vitally important to our commitment to beautify and reforest our city; and WHEREAS, this grant project responds to the public's request to improve the aesthetic quality of Tamarac; and 1 I Temp. Reso. # 6407 V . WHEREAS, the Tamarac City Council hereby agrees that thi project will benefit the residents of the City of -Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are here ratified and confirmed as being true and correct and are her made a specific part of this resolution. SECTION 2: That the City Council of the City of Tamara authorizes a transfer of funds from Matching Grants Account 001 872-519-830 into the appropriate account for the City's match the amount of Seven Thousand Five Hundred Dollars ($7,500.00). SECTION 3: That the City Council of the City of Tamarac authorizes the appropriate City Officials to execute the attached Agreement (a copy of which is attached hereto and made a part hereof as Exhibit "A"). SECTIQU4 :_ 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 K_; This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 1992. H.L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I H Y CERTIFY that I ha e proved this R SOL ION as to - form./ - TCHELL S. KRA CITY ATTORNEY RECORD OF COUNCIL. V( MAYOR _.__ _ . BENDER DISTRICT 1 : ('/M KAIZ DISTRICT 2: V/M S: ,Fi .4It�iAIVN DISTRICT 3: C/M SCJ-JRE 1I3ER DISTRICT 4: C/M ABRAMOVVIT A ,. L� Attachment G Page 1 of 10 AMERI A THE BEAUTIFUL ATH BAN AND CQM--MUNITY-FORESTRY GRANT MEM RANDUM OF AGREEMENT This agreement, made and entered into this the day of ,19 by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, a component agency of the State of Florida, hereinafter called the "Department" and -..fibe City o - Tamarac , hereinafter called the _ ,.._.... .._ - .,_ Grantee. E WITNESEETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by granting funds to the Grantee for the purpose as outlined in grant application Number 92-50 _, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Department and the Grantee are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Department has awarded the Grantee an urban . forestry grant for the specific project set forth in the ATS Urban �Z 1 17 1 1) Page 2 of 10 and Community Forestry Grant Application Number 92-50 , hereinafter the "project"; WHEREAS, the Grantee by Resolution No. __b320 , dated has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the ATB Urban and Community Forestry 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 Grantee to sign and return this agreement by January 15, 1993 shall constitute forfeiture of the award. 19 2. The effective date of this agreement is , 3. The Grantee shall complete the project by September 30, 1993 as set forth in the ATB Urban and Community Forestry Grant Application Number 92--50 approved by the Department on September 2,8,% 1992, during which time the grant shall continue in effect. The criteria for the project is set forth therein. The final date by which such criteria must be met for completion of this agreement is September 30 19 93 Page 3 of 10 The project to be performed by the Grantee shall be subject to periodic inspections by the Department. The Grantee shall not change or deviate from the project without written approval by the Department. 3. The Grantee has estimated the project cost to be $ 15 000.00 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Grantee the total sum of $ 7,500.00 or fifty percent (50%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs incurred prior to the effective date of this agreement are ineligible for reimbursement. Payment shall be made following submittal of invoices on a quarterly basis. No more than 75 percent of the Grant Amount will be paid to the Grantee 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 160) 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 Grantee may submit an invoice for final payment. . (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a Page 4 of 10 0 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. (b) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include all records of the costs of the Grantee and subcontractors considered necessary by the Department for a proper audit of the project. 4. The Grantee 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. 5. The Grantee agrees to submit to the Department an interim report on project accomplishments by March 1 ,19 93 and a final report summarizing project accomplishments as a prerequisite to final acceptance by the Department. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, unilaterally, for refusal by the grantee to allow public access to all documents, papers, • 0 E ff,�e - �o2 -, / 91 J Page 5 of 10 letters, or other material subject to Chapter 119, F.S. and made or received by the Grantee in conjunction with this Agreement. (b) By the Department, if the Grantee fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. (c) By either party following sixty (60) calendar days written notice. (d) By both parties following the complete execution by both parties of an agreement to terminate this Agreement. 7. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 6(b), in the event this Agreement is terminated before the Department has paid the Grantee the entire Grant Amount, then the Department agrees to pay the Grantee the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Grantee a percentage of the Grant amount equal to the percentage of the project's completion. 8. The Grantee covenants and agrees that it will 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 Grantee during the performance of the Agreement, whether direct or indirect, and whether any person or property to which the Departments or said parties may be subject, except that neither the Grantee nor any of its sub -contractors will be liable under this paragraph for damages arising out of injury or damage to Page 6 of 10 persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or Nothing contained herein in any way limits the City's sovereign employees. immunity or any other right limiting liability including but not limited to Fla. $tat. 768.28. 9. 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. 0 10. This Agreement may not be assigned or transferred by the A Grantee, in whole or in part without the expressed written consent of the Department. 11. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. 12. 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: (a) If to the Department, addressed to 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 Grantee; (b) If to the Grantee addressed to: City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 �J Page 7 of 10 or at such other address as the Grantee 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. 13. Time is of the essence of this agreement. 14. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Grantee is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the Department, or any other • state agency. This contract, which disbursed 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 or any state agency. (b) if the Grantee is a local government agency, nonprofit organization, or not -for- profit organization it shall: (i) for amounts $25,000 or less, have its head attest that it has complies 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 Page 8 of 10 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. 15. The Grantee 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. 16. Grantees providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the • goods and services, unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a 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 or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the grantee. 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 Page 9 of 10 (1) dollar will not be enforced unless the grantee requests payment. Invoices which nave to be returnea to a grantee because of grantee 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 grantees who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848--3792. 0 Page 10 of 10 • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES -� /n � BY: Ap oval as to e, Fo Director, Division of a d Legality Administration .Approva as to D�t and Legality Rlitchell S. Kraft, Ci ttorney Crff OF TAMARAC APPROYED AT MEETING OIL City of Tamarac Name of Grantee BY: H. L. S ER, MAYOR Title: Mayor Attest /1 �G ( SEAL) Carol A. Evans, City Clerk E • • IY- %02- / IF / " The City of Tamarac Tree Inventory Project Florida America the Beautiful Urban and Community Forestry Grant Application 1992 Dina. M. McDermott Assistant City Manager July 6,1992 l JOHN P. KELLY City Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 June 30, 1992 Department of Agriculture & Consumer Services Purchasing Office - ATB- 92 Application Mayo Building Room SB-8 Tallahassee, Florida 32399-0800 Re: City of Tamarac Tree Inventory Project - Grant Application Gentlemen: dx 5,2—/ / / It Phone (305) 722-5900 Fax (305) 722-4509 Please find enclosed two (2) originals and eight (8) copies of the above subject grant application. • The City of Tamarac is dedicated and supports programs that develop and enhance urban and community forestry projects, and environmental improvements. 0 We hope that you will support our application and look upon it favorably. If you have any questions, or need additional information please contact me. Sincerely, Ana✓-�.- Dina M. McDermott Assistant City Manager DMM/bjl cc: John P. Kelly, City Manager Tom Haxby, Volunteer/Partnership Coordinator Dr. Ed Gilman, Chair. Florida Urban Forestry Gary Henry, Fla. Highway Beautification Council David Utley, Everglades District Gene Dempsey, Forester, Fort Lauderdale tHE CITY OF IAMARAC IS AN EQUAL OPPORTUNII Y EMPI OVER AND DUES No 0ISC311411NAI E ON 1 HF BASIS Of IIANDII API,k D S11,1 0 11• A, I \ Addendum No. 1 • 1 "` 7 I r Revised 05/13/92 SUBMIT PROPOSAL TO: DZPT. OF AGRICULTURE AND'COXSVxER''SFSTATE OF EI QRIDA RV2CSs ` ATS 92 - APPLICATION.� "•i REQUEST FOR PROPOSAL ..�. PURCHASING. ROOM 88-8, KAYO BUILDING TALLMASSEE, FLORIDA 32399-0800 ' ; `` .. CONTRACTUAL SERVICES Telephone Number.. (904) 488-7352 Acknowledgement Form Page t of PROPOSALS WILL BE OPENED 2 s 30 P.M., JULY 31, 1992 PROPOSAL i. 48 pages and may not be withdrawn within 90 , days after such date and tirne. ; y, RFP/DF-91/9.'i-R69 �,, AGENCY MAILING DATE: PROPOSAL TITLE„: yi_ ...;;.:.., 05/04/92 AMERICA-THE, BEAUTIFUL URBMUNI AN AND COMTY=PORES TRYi�iRA�4hi'a''PRO GRAM FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER VF 591039552 VENDOR NAME City of Tamarac VENDOR MAILING ADDRESS 7525 N.W. 88th Avenue CITY - STATE - ZIP Tamarac, Florida 33321 AREA7E5BE___7 TELEPHONE NUMBER 305 1 TOLL -FREE NUMBER I REASON FOR NO PROPOSAL Tamarac Street Tree Inventory Project I POSTING OF PROPOSAL TABULATIONS Proposal labu181rOns with recOmr"It ided awards will be posted for review by interested Parties 8: ine location where Proposals were spend and ,it remain posted for a period —59W i of 72 hours Failure to file a protest wdhin the fine prescribed in Section 120.53(5), Florida Statutes. shall constitute a wane` of� A uncle cl r ChaptOr 120. Florida Statutes Posting will be on or about 69 t Candy that this proposeo is made without prior understanding agreement or tonne: r.on wiln any corporation. firm. or pets" subm,ning a proposal OF the same cOntractuSt seti•,ces and is in elf respects fait and without Collusion Or fraud I agree 10 abide by all Conditions or this ), oosal and Candy Met I am aufhOWed to Sign this proposal for the proposer ano that she p'Cooser is in / compliance with all requirements of the Aequest for Proposal. lncli.lrng but For Am,ted % cend.caron fequventenls In submmmga proposal to an agency for she State of Florida. die proposer ofners and AUTHOR4SIGTUMANUAL) agrees pia,'d the proposal is accepted the plopos[r will convey sell. assign or transfer ;C Ine Slate ofFlorida 0If rights. filie and inFNesr in and to all caussOf action l maynow or heritaher accaife under the Adp•rrust saws of the united Stares and the Stare orFonda for Once firing plating tc •he Darncufan Ohn P. Keller commodnues or services purchased or acpuired by the State of FlOnda At theStates ovsr,e:,On such �ssignment shall be made and become effective of she lime the pwchastng agency :enders final AUTHORIZED SIGNATURE (TYPED) TITLE ym[nf to the proposer GENERAL CONDITIONS SEALED PROPOSALS: Ajf proposal sheets and inns original ackrimAedgement lorm TFIANmust ONE PROPOSAculetf L PER PER ENVELOPin E1 The led tie of the he ennvelope shaO NOT ll containDE �in addilgn to the above addressthe date and time Of the proposal opening and the proposal. number. Proposal prices hot submitted on attached Proposal price sheets when required Shall be `elected. All proposals are subject to the Conditions Speed ed herein. Those wnCn do not COn1py with these conditions see subject to rejection 1. EXECUTION OF PROPOSAL: Proposal must contain a manual sync~,.[ OI auihorizeo representative in the space provided above Proposal must be lypec C' printed in ink Use of erasable ink is not permitted All coneclwns to prices maoe 7y proposer must be enibaled The Company name and F.E ID or social security number must appear on each pricing page of the Proposal as required If a vender intends tc C: repltilive business with the Slate and a vendor number has not been assigned 10 v:^..r company, contact Department of General Services Divnsdn of Purchasing 2-3- Centerwew Drive, Knight Budoing. Suite 220. Tallahassee. FL 32399.095- ON486-04110 immediately. 2. NO PROPOSAL SUBMITTED: If not submitting a proposal. respone ty. returrwig Only this proposer acknowkm dgaerimarking it form, markiit 'NO PROPOSAL, and explain the reason in the space provided above Failure tO respond to a protallement "'Citation wrthoiA giving itratAiabte reasons lot Such allure. non. ConlormarldR 10 Contract condition. of other pertinent factors d/er/yd reasonable and valid Shall be Cause Tor removal of Bit proposers name Imm the poposal na.hng list NOTE. To quality as a respondent. proposer must submits `NO PROPOSAL. and it must be received no Islas than the stated Proposal opening dale and hour. 3. PROPOSAL OPENING: Shan be pubke. an the date. location and the little specified on the adkriowledgement form. if Is the proposers resportsbtfity lo assure Its his prgpOlFs) Is delivered at the proper time and place of the prop I open Fir which for any reason are not So delrvped. will not be considered. Offers by letegram or Nkpiorie are rot acceptable. A proposal may not be altered after Opening of the price Proposals. NOTE. Proposal tabulations will be furnished upon wrrnen request with an enClosed. Seri•addressed, stamped envelope and paymern of a predetarmated hie. Proposal tabulations will h0f be provided by telep home. 4. PRICES, TERMS AND PAYMENT: Firm prices Shan be proposed and Include all services tendered to We purchases ' (a) TAXES: The State of Florida does not Pry Federal Excise and Sales taxes On direct purchases of services. Sae tax exemption nunibas on tape Of purchase grill` or agreement form, This exemption does not apply to purchases 01 services in the PeAormance of Contracts for hie impovament 91 State-owned real property as defined in Chapter 192, Florda Statues. (b) DISCOUNTS: Cash discount for prompt payment shah rot be twnswe•ed on delemrnmg the to"'esl net Cost lot PrOPOSal evaluation purposes. (e) MISTAKES: Proposers are expected to examine we condrions. scope of work" Proposal Prices. exlension. and all instructions performing to the services involved. Failure to do so win be at proposers risk (d) INVOICING- AND PAYMENT: The contractor Shan be paid upon Submission of property unified invoices to die purchaser at the prices stipulated On the contract N the Irma the order of paced. Wier delivery and acceptance of goodsless deductions if any. as provided. Invoices shall contain the oomract number. purchase order number and the contractors' Federal Employer Idemdi• Galion Number An Original aria three (3) copes of the invoice shall be submitted The final payment Shan not be made until Shier the contract is compete unless Me State has agreed otherwise Invoices for ties OF other Compensation for services or expenses submitted to, contractual services shall be submitted in detail suffictem for a proper preaucill and postaudit thereof and invoices tot any travel expenses Shall be submitted in accordance with the rates at or below those Specified in Sections 112.061 and 287 OM F.S. Interest Penalties: Payment Shall be made in accordance wdn Section 215422, FS., which stales the contractors rights and the Slate egencys reapgl$01lities Concerning interest penahles and lime limits for payment of vivo"$. The Division of Purchasing Shan revien the conditions and circumstances surounding nOn"payment and unless there is a ponaftoe dispute, the Division may in wtitirig authorize the contract supplier to reject and return purchase Orders from Said agency until such time as the agency Compites wen the provisions of Section 211422. F S. (e) ANNUAL APPROPRIATIONS: The State of Fpridas performance and Oblgation to pay under this Contract te eOntlrigaril upon an annual aWoorialidn by the Legislature S. CONFLICT OF INTEREST: The sward hretuder Is SeMW to the pro"" Slone of Chapter 112. Florida Statutes. Proposers must disclose With their proposal the name 01. •ny ollicer, director. of agent who is also an Mnployee of the Slate of Florida, Of any Of Ifs agencies. Further, all Proposers must disclose the name of any Slate employee who ohms, dvenly of Indirectly, an interest of five percent (S%) or more in the proposes film or any of its branches. In accordance with Chapter 287. Florida Statutes. no person or firm repenting a Contrail dial has not been procured Pursuant 10 Section 287.057(R) or (3) lo pemorm a feasibility study of the potential "emanation of a subsequern contract. participating in the drahing of a request for proposals. of developing a program fo`'inure Inpte"All anon shall be eligible to Contract with ine agency lot any Other Contracts dealing with that Speak subject matter: and aOposer& must disclose with their proposal arty such Contko of intasest. 6. AWARDS: As the best Interest or She Sale may ragwre, ma right is naerved to reject any ano all proposals or wane any Rumor Irregularity or sechnlcality in proposals received. PtOPDS@rs are cautioned to make no assumptions unless ffe`r proposal has been evoklaw as being reaponsne. 7. INTERPRETATIONSIDISPUTES: Any queshwns Concerning Cardnivns area specifications than be directed m v `nitre toays Office for receipt no later man ten (10) days Prior to the Proposal opemrg Inquiries must reference the date of proposal opening ano Proposal number No mlerpfetelion shall be considared binding unless Provided in writing by the Slate of FIorICa In response to requests in full compliance with inns provnson Any actual or prospective Proposer who protests the arms. specifications and CCnd tons bl the Request for Proposal, proposer selection rr contract award recommendation, Small file such protest m (vim d a petition in compliance with Rule 13A•1.006, Fiords Adetunglralne COO! Failure to file a protest within the Mine pte. scribed in f-lctram 120.59(5). Florioa Statutes, shall constitute a waiver of proCaedrng5 under Chapter 120. Florida Statutes S. COVERNMENTAL RESTRICTIONS: in the event any gvvemsinemai restrictions may be mposeo which would recesseate attest on of the material quality of the services otlefed on Inns Proposal poor to Men Completion, it alma be the responsibility 01 the successful proposer to notify the purchaser at once, hindicating in hii letter the specific regulation which required an alteration The Stale reserves the might to accept any such aflefaffon. including any price sdlusmenti occasioned thereby. or to Cancer The Contract at no further expense to Ire $tale. 9. DEFAULT: Failure to perform according to this proposal and/or fffultng Doi tl(ap staff be Cause for your firm to be found in detault in which arenl any and aft reprocurement Costs may be charged against your firm. Any viotafions of Wiese Stipulations may also result in. a) Comradors name being removed from the Owrsoon of Purchasing veriffor mailing list b) All State agencies Dlmq advised not to do business wih the CaOacws srltttout wrmen approval Of the Division of Purchasing 10. LEGAL REQUIREMENTS: Applicable provision of all Federal. State. courtly and local laws and of all ordinances, rules. and regulations shaft govern develop ment, submittal ano evaluation of all proposals recened in response hereto and shall govern any and all Claims an0 Wspules which may arise between persons) swimming a proposal response hereto and it* Slate of Florda, by and through its Officers, employees and authorized represemalives, or any other person, natural or Otherwise: and lack of knowledge by any proposer shall not constitute a Cbgnttable defense against the legal effect thereof. u /ion III It 11. ADVERTISING: in submmlrq ■ proposal. proposer agrees not to use the results onerefrom as a part Of any Commercial aerenisulg. 12. ASSIGNMENT: Any Contrad b Ptwdtase Order "uad pursuant to this request for proposal arid the hKirnes which may become due hereurlder are not assignable except with the prior written approval of the purct Agar. 13. LIABILITY: on I this Contract resulting from s proposal Ihr proposer shall hold end save the State m torch, its officers, agents. and employees harmless against Claims by tWd parties rasuttng from she Contractors breach of this Contract or the OonVaclbrs negtigenee. This requirement dues riot apply tb oorwacls between govaimmeraal agencies. 14. FACILITIES: The State receives the ripen so Inspect the proposers lacitibas at arty low with prior notice. 15. CANCELLATION: The State shim have the of uritatersi cancelialwn for refusal by Me Contractor to allow public *Cress to ail roC~S, papers, letters, or Other material subject to the provisions of Chapter 119, Florida Statutes, end made or refer ed by the COnbacor in Odr1)unctidn with the Contract. 16. PUBLIC RECORDS: Any material submitted in response to this Request for Proposals will become a public document pursuant to Section 119 07, F.S This in- pudes material which the responding proposer might Consider to be Confidential or a trade secret. Any Claim of confidentiality is wafved upon submission, effective after opening pursuant to Section 1t9.07. F.S. NOTE: ANY LAND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. PUR: 7033 REv. tnom 0 Attachment C Page 1 of 4 FLORIDA AMERICA THE BEAUTIFUL URBAN AND COMMUNITY FORESTRY GRANT 1992 die , iP ZD Administrative Use (ATB) APPLICATION FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The application packet must not exceed (15) fifteen pages front and back or (30) thirty one sided pages, excluding maps and plans. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 3" and folded into 8 1/2" X 11". Ten (10) copies (two originals and (8) eight copies) of the application packet including the application form, the project description and all attachments must be receiv6d no later than 2:30 p.m. July 31, 1992 at: Department of Agriculture and Consumer Services Purchasing Office - ATB w 92 APPLICATION Mayo Building - Room SB 8 Tallahassee, FL 32399-0800 Telephone (904) 488-7552 •If you have any questions, please see Attachment D, "Where to Go for Help" APPLICANT INFORMATION (Please Print or Type) Project Title: Tamarac Street Tree Inventory ,Proiect Applicant Name (Local Government, Volunteer Organization or Educational Institution): City of Tamarac Name and Title of Contact Person: Dina_ M. McDermottAssisjgnt Qttr Manager Address 7525 N.W. 88th Avenue Tamarac Florida Zip: 33221 Phone r Is your organization a not for profit corporation pursuant to Chapter 617, Florida Statutes? Yes�� No FEID Number VF 591039552 Is your organization tax exempt under IRS code? Yes X No As the duly authorized representative of the Applicant named above, I hereby certify that all parts of the application and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executiv Officer: ohn P. Kelly Title: City Manager Signature Date 11 11 Attachment C Page 2 of 4 GRANT PROGRAM,INFQRMATION Specify Category 1, 2, 3 or 4 and designate the applicable subcategory (see Attachment B, General Information"). Category: 1. Local Goverrne t Sub -Category L.__.Trge Inven1gr Y OST (A 50/50 match or better on behalf of the applicant is required). Requested Grant $ Local Match $ I 11 Personnel Expenses $.raj 500 $ Operating Expenses $ $ Capital Expenses $ $ Other $ $ Total Requested Grant(I) $, 70S00 -0- Total Matching Costs(II) $ -0- $,7, 500 Total Program Costs(III) $ 100% Add columns I and II for total III (100%) 50 % Grant request 50 %Local match A bud et detailing all costs identified above must be attached. The local match, including cash and in -kind services, must be substantiated by documentation. B_O_JEQTLWATION INFORMATION ( Please Print or Type) (Complete where applicable) County Forestry District/Center Everglades District Local Government Jurisdiction (County Government, Municipality, School Board District or Independent Special District): Describe the Specific Location of the Project: City wide tree Who has Maintenance Responsibility for the Property (Category 2 Grants)? Is the Land Ownership Public or Private?: N/A Name of Landowner: N/A ^� l . Attachment C Page 3 of 4 CITY OF TAMARACITREE INVENTORY PROGRAM PROJECT DESCRIPTION URBAN AND COMMUNITY FORESTRY GRANT APPLICATION Since Tamarac's incorporation in 1963, we have lost much of its aesthetic vitality like so many older Florida communities. This is a direct result of shifting demographics; from owners to renters; land use changes (from residential to commercial); and declining income levels. The end result is less discretionary income for beautification throughout the City. Recently, city officials, and residents, have joined efforts to improve the aesthetic beauty and visual appearance of Tamarac. On July 10, 1991 Tamarac established the first Urban Forestry Committee consisting of city staff and residents. The Committee was established to review, study, investigate and develop plans and programs for the care, preservation, pruning, planting, replanting, removal of trees and shrubs in parks, public rights -of -way and other public areas. The Committee was instrumental in the City's award of Tree City USA designation and Arbor Day activities. The City of Tamarac has received grant awards from the Florida Highway Beautification Program, the Broward County Tree Trust Fund and private sponsors. The need for a comprehensive tree inventory on public properties is clearly apparent as Tamarac applies for beautification grants and the increased public demand to improve the aesthetic quality of their city. A Tree Inventory Plan will include the development of a local tree inventory and hazardous tree inventory on public properties. This project will help promote the need for proper future placement of individual trees, and identity the hazardous trees that must be moved or removed. A grant award to prepare this tree inventory will help the City establishing a program to follow and incorporate in our Master Plan. This project will help us strive to improve the appearance of trees in public spaces, and emphasize a new and improved aesthetic quality that will positively impact our tax base. The Tree Inventory Plan will be an important component of an overall forestry program which includes the following: 1. Tree canopy analysis; 2. Review of City's landscaping code; 3. Street Tree Inventory to determine the composition, health and number of trees; 4. A tree planting program. These components will ensure a successful urban forestry program supported jointly by public and private initiatives. 0 11 t-iaz- I I I ,, EXvgE, a,� k Attachment C Page 4 of 4 CITY OF TAMARAC TREE INVENTORY PROJECT FLORIDA AMERICA THE BEAUTIFUL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM BUDGET Contractual Agreemetit For preparation of Street Tree Inventory Plan to include. City wide analysis identification of target areas prioritization of planting areas and preparation of master plan. $ 6,500 $ 6,500 Qa ital, ,Exl2e.;xlt Photography Reproduction Maps Printing and Binding for data gathering and resultant project document $ 1,000 _1.000 Subtotals $ 7,500 $ 7,500 Total 11 $15, 000 L EXHIBIT 2 of 5 CITY OF TAMARAC TREE INVENTORY PROJECT FLORIDA AMERICA THE BEAUTIFUL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM 1 / .ti_ M 'V Orr (rL _ rip 4M t� t. �. wr. V �•.. ...t V I wa.rw�`ns r.wrc[ i� w • - • • MC[Ob. . Vill STATE PLANNING REGIONS dw '""'"" `• o `"�`:; n —.J �o r.. e[apro r.wrw Cr,ItieT7l 0tM04 .w.. IA•4 �r--' e LOCATION OF PROJECT .Mt °X' a.dasso -•' 1.1 vi w W c, V � � W N Cn ra J N w a R w � Q z It U 3[ N w Q R W V � a h a 4, co e�- 0 0� � V w *-Nrl 0 111,- � -L,I EXHIBIT 3 of 5 VI-3A I. a 0 0 1 hereby Certify that this document is a true - and Correct copy of 0 ,inal of W:-c,' is an i ,e ,n City Hall. 2 WITNESS 10Y.H:,NU AND OFFICIAL SEAL 2 OF THE LIT•e Or TAMARAC, FLORIDA. This -2�bn day of 1 1:� f , Cirr CLERK i CITY OF TAMARAC, FLORIDA 7 RESOLUTION NO. R-92--.l.Lo- i i sD. s� !2 s� i� 3$ 34 31 se 3• 27 22 23 2/ I 25 11it -Plate-, g/ If - EXHIBI.T X of - 5 - I Temp. Reso. #jf = A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR $7,500.00 IN MATCHING FUNS FROM THE FLORIDA AMERICA THE BEAUTIFUL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM FOR A STREET TREE INVENTORY PROJECT; AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT' WITH THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVE RABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Tamarac, Florid deems it to be in the best interests of the citizens and resident of the City of Tamarac; and WHEREAS, Assistant City Manager Dina M. McDermott ha attended the Florida America the Beautiful Urban and Communi Forestry Grant Program review session and recommends pursuing this program; and WHEREAS, the City of Tamarac has prepared a matching grant application to fund a street inventory project; and WHEREAS, this grant project is vitally important to our commitment to beautify and reforest our city; and WHEREAS, this grant project responds to the publics request to improve the aesthetic quality of Tamarac; and WHEREAS, the City Manager is authorized to submit ar application requesting $7,500.00 in financial assistance from the Florida America the Beautiful Urban and Community Forestry Grant Program for a Street Tree Inventory Project] and WHEREAS, the City of Tamarac is in a fiscally and legally responsible position to satisfactorily develop, operate and maintain the project in accordance with the program requirements; and 3 8 1 ! i 30 33 32 33 31 35 36 37 is 3" 21 23 23 23 2/ 25 26 21 2t 29 30 33 3: 33 :/ 35 I.! 2 Temp. Reso. A = WHEREAS, Assistant City Manager Dina -M. McDermott is designated as the official liaison agent and City Manager John P. Kelly is authorized to accept the grant, execute all appropriate documents and contracts including the Urban and Community Forestry Grant Memorandum of Agreement between the City of Tamarac and the State of Florida Department of Agriculture and Consumer Services Division of Forestry for the purpose of administering this grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: gRCTION 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: That the administration of the City of Tamarac is hereby authorized to apply for financial assistance in the amount of $7,500.00 from the Florida America the Beautiful Urban and Community Forestry Grant Program for a Street Tree Inventory Project. SECTION 3: That the City Council of the City of Tamarac fully endorses this grant application and will financially support it with its match of $7,500.00. 59CTION 4. That the administration of the City of Tamarac is hereby authorized to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Tamarac and the State of Florida Department of Agriculture and Consumer Services Division of Forestry for the purpose of this grant. rark=iON 5: That the appropriate city officials are authorized to proceed with the necessary budget transfers. SECTION 6: All resolutions or parts Of resolutions in conflict herewith are hereby repealed to the extent of such conflict. . 0 LIS S 7 4 i f 1� 1! 13 14 Is 1t 17 !e 3• 2t !3 23 31 3s 3L !1 31 3f 30 31 3. 33 31 3$ 11 �,, 7A., / 17 1, 1 3 Temp. Reso. #LQ ;RCTION 7;. If any clause, section,' other part o application Of this Resolution is held by any court of competen Jurisdiction to be unconstitutional or invalid, in part o application, it shall not affect the validity of the remainin portions or applications of this Resolution. SECTIpN 6: This Resolution shall become effectiv immediately upon its passage and adoption. pASSED, ADOPTED AND APPROVED this �L4 day of 1992. //Z" H.L. BENDER MAYOR ATT ST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as O rm ITCH S. CITY ATTOfJMY RESO-AMERTHEBEAUT RECORD OF COUNCIL VOTE MAYOR petin rr, DISTRICT 1: R1 AT' DISTRICT2: 1•Sr^ ��gNt1 DISTRICT 3: f. 0 SCHMRFIpag DISTRICT 4: C/M ABRAMOWIT7 /I 9 • 9 • 11 Nil ulWelir MFwI N NnY N�u�pur PU NNIN ■ o i ! A Niel 6 npdum N,epljNld .40 ANepery 'dx3 pUOM 0. i C pf b C b L A V O z �N R1� cV d y O G 9 U A33 Y9 t �to Za ..d€ pppL lLVO)O � p � r EAninil 5 of 5