HomeMy WebLinkAboutR-94-0156r
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RESOLUTION NO.
`
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO SUBMIT A GRANT
APPLICATION, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN. THE AMOUNT OF $25,000, FOR ;
CONDUCTING A PROJECT TO RESTORE THE URBAN }
TREE CANOPY AND OBTAIN AN URBAN TREE
INVENTORY ALONG CITY STREET3AND RIGHTS -OF -SWAY
UNDER THE "HURRICANE ANDREW URBAN
REFORESTATION GRANT ,PROGRAM" OF THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER !
SERVICES, FORESTRY DIVISION; AUTHORIZING THE E
CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE FLORIDA DEPARTMENT OF
AGRICULTUREAND CONSUMER SERVICES TO ACCEPT f
AND IMPLEMENT SAID GRANT, SHOULD SAID GRANT
BE _ AWARDED; FURTHER DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF THE
PLANNING, BUILDING AND ZONING DEPARTMENT TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
HEREIN DESIGNATED AGENCY.
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WHEREAS, the natural disaster knows as "Hurricane Andrew"
severely damaged the urban tree resources of the City of Miami on f
the morning of August 24, 1992; and
WHEREAS, the State of Florida, Department of Agriculture and
Consumer Services, Forestry Division, has announced thatgrant_
funding is available for speoified projects within hurricane
affected areas under the Hurricane Andrew Urban Reforestation
Grant Program; and
Y
WHEREAS, as a result of storm damage, the City of Miami
"
requires funding so that it may conduct the following project as
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a basis for restoring its urban tree canopy: obtain an urban tree
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inventory along City street and rights -of -way in an estimated
amount of $26,000; and
WHEREAS, conditions of said grant program require that the
City enter into agreement(s) with the Department of Agriculture
and Consumer Services to allow for the receipt of federal grant
funds, if.awarded for said City project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized-" to
submit a grant application, in a form acceptable to the City
Attorney, to request funding, in the amount of $25,000, for a
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project to restore the urban tree canopy and obtain an urban
tree inventory along city streets and rights -of -way under the
"Hurricane Andrew Urban Reforestation Grant Program" from the
Florida Department of Agriculture and.Consumer Services, Forestry
Division.
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
'
applicable City Charter and Code provisions.
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Section 8. The City Manager is,
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7` execute the necessary documents, in subst
form,, with the Florida Department of Agri
r. Services to aoceDt and imnlemant qqA A B-pn-n+
,1 awarded
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7 Section 4. The City Manager is
instruct the Director of the. Department of
to transmit a copy of this Resolution to t]
of Agriculture and Consumer Services.
Section 5. This Resolution shall
immediately upon its adoption.
areby authorized to
itiaily the attached
ulture and Consumer
should said grant be
iereby directed to
?arks and Recreation
s Florida Department
become effective
PASSED AND ADOPTED this 24th day of March 1994.
STE HEN P. CLA MAYOR
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ATTACHMENT I s ;, •,;;` ,' ; w
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Page 1 of 9 JJhjt' , , ,^ f,
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HURRICANE ANDREW URBAN REFORESTATION
GRANT MEMORANDUM 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,
hereinafter called the .Grantee .
WITNESSETH
WHEREAS, the Department desires to reestablish the urban tree
canopy damaged or destroyed by Hurricane Andrew on August 24, 19921
by granting funds to the Grantee for the purpose as outlined in
grant application Number , included herein as Exhibit "A"
and by reference made a part hereof;
WHEREAS, the Department and the Grantee are of the opinion
thr.t the citizens of the state of Florida would benefit from the
Implementation of urban. and community forestry projects that would
contribute to the restoration of the urban tree cover damaged or
destroyed by, Hurricane Andrew;
WHEREAS, the Department has awarded the Grantee an urban
forestry grant for the specific project set forth in Grant
Application Number , hereinafter the "project";
WHEREAS, the Grantee by Resolution No. , dated
has indicated its support of the
grant application and authorized its officers to execute this
Agreement on its behalf;
WHEREAS, the parties recognize that tree planting also
requires maintenance and the Grantee has agreed to provide that
maintenance for any trees planted as a part of the project;
WHEREAS, the parties hereto mutually recognize the benefits of
such a project as described in Exhibit "A" and the need for
entering into an agreement' designating and setting forth the
responsibilities of each party;
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Page 2 of 9
NOW THEREFORE, for and in iut�ia consideration bhe ` be e�lts
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
1994, shall constitute forfeiture of
the award.
2. The effective date of this agreement is , 1994.
IMPLEMENTATION
3, The Grantee shall complete the Implementation portion of
this project by September 30, 1995 as set forth in the Hurricane
Andrew Urban Reforestation Grant Application Number
approved by the Department on , 1994, during
which time the grant shall continue in effect. The criteria for
the project is set forth therein. The final date by which such
crite::ia must be met for completion of this agreement is September
30, 1995. 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.
4. The Grantee has estimated the project cost to be
$ as shown on the grant application budget sheet
attached as Exhibit "B". The Department agrees to reimburse to the
Grantee the total sum of $ , the "Grant Amount",
upon satisfactory completion of the project.
(a) Two or more verbal quotes must be obtained for all
individual purchases/expenditures over $3,'500.00 and
less than $10,000.00. Three or more written.quotes must
be obtained or a formal bid procedure used for all
individual purchases/expenditures of $10,000.00 or more.
Justification must be provided for a sole source award or
for an award to a vendor other than that vendor
submitting the lowest bid or quote.
(b) Invoices must be 'accompanied by proof of
payment (billing statements or invoices
accompanied by copies of cancelled checks or
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check numbers)
(c) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof, and bills for
travel expenses specifically authorized by this Agreement
shall be submitted and paid in accordance with the rates
specified in Section 112.061, Florida Statutes.
(d) 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. Recordsof
costs incurred necessary for a proper audit shall be kept
and include all records of the project costs of the
Grantee and subcontractors.
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. At the request of the
Grantee, partial payments may 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 tree planting projects, Certification of Acceptance by the
Department may be requested sixty (60) days after installation of
plant materials. Upon receipt of the Certification of Acceptance,
the Grantee.may submit an invoice for final payment.
5. The Grantee agrees to submit to the Department an interim
report on project accomplishments by ,19 and
a final report summarizing project accomplishments as a
prerequisite to Certification of Acceptance by the Department.
Failure to submit a required report or submission of an
unsatisfactory required report is sufficient grounds for
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termination of this agreement according to the provisions of
Subparagraph 8(b).
MAINTENANCE
5. The Grantee agrees to maintain those trees established as
a part of the project for a period of three (3) years following -
Certification of Acceptance by the Department.
7. The,Grantee shall maintain the project in a responsible
manner and with due care in accordance with the below listed
"Project Standards" for the property owned by:
and located at:
Specifically, the Grantee accepts the below listed responsibilities
and duties:
(a) For Balled and Burlapped and Container -Grown Trees:
(i) Care and maintenance (including but not limited
to: planting, watering, mulching, staking,
pruning, and fertilizing) of all trees must be
in accordance with the Planting and Maintenance
Guidelines included herein as Exhibit "C and
by reference made a part hereof;,
(ii) Proper mulching of tree beds;
(iii) Keeping the premises free of weeds;
(iv) Mowing and/or cutting grasses to the proper
length; proper pruning of all trees including
removing dead or diseased parts of trees or
pruning such parts thereof which present a
hazard;
(v) Removing or replacing, at the Grantee's
expense, dead or diseased trees in their
' entirety, or removing and replacing those trees
that fall below original Project Standards;
(vi) In the event that trees must be removed or
replaced for whatever reason, then they shall
be replaced with trees of the same grade,
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size ands ecification as `J r vided for i �t
p p n the
original plans for the project.
(b) For Bareroot Seedlings and Tubelings:
(i) Protection from destructive wildfire by the
establishment and regular maintenance of
firebreaks;
(ii) Protection from destructive grazing by domestic
livestock;
(iii.) In the event that seedling or tubeling survival
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falls below fifty (50) percent within 3 years
after Certification of Acceptance by the
Department then the entire project area shall
be replanted by the Grantee at the Grantee's
expense using seedlings or tubelings of the
same grade, size and specification as provided
for in the original plans for the project.
The above
named functions to be performed by the Grantee shall be
-subjecL. to periodic inspections by the Department. It is the
intent of
the parties hereto that the owner of the property
described
in Paragraph 7 shall be the owner of trees planted as a
part of the project.
8.
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,
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.
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9. Notwithstanding any provision of this Agreement to the
contrary but subject to Subparagraph 8(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
satisfactorily 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 that is satisfactorly
completed.
10. In the event this Agreement is terminated in accordance
with subparagraph 8(b), due to failure of the Grantee to
satisfactorily perform the maintenance portion of this agreement,
then the Grantee shall refund to the Department a pro -rated portion
of the grant award based upon the following schedule:
(a). If this agreement is terminated during the first
year following Certification of Acceptance by the
Department, 75 percent of the grant award.
(b)'. If this agreement is terminated during the second
year following Certification by the Department, 50
percent of the grant award.
(c). If this agreement is terminated during the third
year following Certification by the Department, 25
percent of the grant award.
11 Extension of a contract for contractual services shall be
in writing for a single period only not to exceed six (6).months
and shall be subject to the same terns and conditions set forth in
the initial contract. There shall be only one extension of a
contract unless the failure to meet the criteria set forth in the
contract for completion of the contract is due to events beyond the
control of the Contractor. If initially competitively procured,
contracts for contractual services may be renewed on a yearly basis
for no more than two (2) years, or for a period no longer than the
original contract, whichever- period is longer. Renewal of a
contract for contractual services shall be in writing and shall be
subject.to the same terms and conditions set forth in the initial
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contract. Renewals shall be contingent upon satisfactory
performance evaluations by the Department.
12. This 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.
13. This Agreement may not be assigned or transferred by the
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Grantee, in whole or in part, without the expressed written consent
of the'Department.
140 This 'Agreement, regardless of where executed, shall be
governed by and construed in accordance with the laws of the State
of Florida.
15. All notices, demands, requests or other instruments shall
be given by depositing the _same in the U.S. Mail, postage prepaid, t
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:
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.
16. Time is of the essence of this agreement.
17. 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
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state agency.�;� 4s?�
This contract, which disburses grants and aids appropriations,
is subject to the requirements of Section 216.349, FloridaStatutes,
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 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
j 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.
18. 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.
i 19. 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
1. Banking and Finance. The 20 days are measured from the latter of
i the date the invoice is received or the goods or services are
received, inspected and approved.
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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
(1) dollar will not be enforced unless the Grantee requests
payment. Invoices which have to be returned 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 individualinclude
acting as an advocate for Grantees who may be experiencing problems
in obtaining timely payments) from a state agency. The Vendor
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Ombudsman may be contacted at (90.4) 488-2924 or by calling the
State Comptroller's Hotline, 1-800-848-3792.
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
7" BY:
Approval as to. Form and Director, Division of
Legality Administration
Name of Grantee
BY:
Title:
Attest: (SEAL)
Approval as to Form and
Legality
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''CA 22
{ - CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDU
Honorable Mayor and Members of
TO : DATE : FILE
the City Commission lT
Hurricane. Andrew Urban
suaJecT : Reforestation Grant
City Commission Agenda March
FROM : REFERENCES 24, 1994
Cesa Oge
o
Ci ty ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the City Manager to apply for an urban tree inventory
grant in the amount of $25,000, from the Florida Department of Agriculture and.
Consumer Services and, if said grant is awarded, to execute agreements and
documents associated with the grant request.
BACKGROUND
The Planning, Building and Zoning Department has prepared an application for
funding under the Hurricane Andrew Urban Reforestation Grant Program.- The
purpose, of this grant program is to promote reestablishment of the urban tree
canopy destroyed by Hurricane Andrew through federal financial assistance.
This grant program provides 100 percent federal funding; no local match is
required.
The Planning, Building and Zoning Department is requesting $25,000 (the
maximum grant award to a single applicant) to contract with a private vendor
for an inventory of trees within the public rights -of -way. Because the
available funds would cover only a small portion of the City, priority has
been given to Coconut Grove, where the greatest damage to trees occurred, and
to the Scenic Transportation Corridors.
This grant will facilitate the City's management of hazardous trees, allow for
scheduled tree maintenance, and identify tree planting opportunities. The
inventory, to be prepared by consultants, would be supervised by the Planning,
Building and Zoning Department.
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