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WHEREAS, as a result of storm damage, the City of Miami
requires ires funding so that it may conduct a tree replacement
planting project in various locations in the amount of $35,000;,
and
WHEREAS,, conditions of said grant program require that the
City enter into agreement(s) with the Department of Agrioulture
and Consumer Services to allow for the reoeipt 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 authoriz edl/ to
submit a grant application, in a form acceptable to the City
Attorney, to request funding, in the amount of $35,000, for the
planting of additional replacement trees under the "Hurricane,
Andrew Urban Reforestation Grant Program" from the Florida
.:Department. of Agriculture and Consumer Services, Forestry
Division.
Section 3. The City Manager is hereby authorized to
,execute the necessary documents, in substantially the attached
f orm, with the Florida Department of Agriculture and Consumer
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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{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. Records of
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 incurredprior 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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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;
Proper mulching of tree beds;
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 and specification as provided for in the
i
original plans for the project.
(b) For Bareroot Seedlings and,Tubelings:. 1
(i) Protection from destructivewildfireby ,the
establishment and regular maintenance of
firebreaks;
(ii) Protection from destructive grazing by domestic
livestock;
(iii) In the event that seedling or tubeling survival
falls below fifty (50) percent within 3 years
after Certification of Acceptance by the
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
subjec"C to
periodic inspections by the Department. It is the
intent' of
'the "parties hereto that the owner of the property
scribed
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 provisioni 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.
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 terms and conditions set forth in
the initial contract. There shall be only one extension of a
contract unless .the failure to meet the criteria set forth in the
contract for completion of 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
i
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
Grantee,, in whole or in part, without the expressed written consent
of the Department
14. This Agreement, regardless of where executed, shall be .
governed by and construed in accordance with the laws of the State
of Florida.
15.All notices, demands, requests or other instruments shall
be�given by, depositing the same in the U.S. Mail, postage prepaid,
registered, or certified with return receipt requested, or by
telex(FAX) or telegram:
(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.
77. 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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{ MNR= ?--9+# THI.I f 144 PPIP.Ksmpec F.. 4�?
C,IT1' OF MIAMI FLONDA
INTER -OFFICE MEMORANCIU
CA--,36:.'1
Honorable Mayor and Mr_mbese on'e � 17 F I r
of the r..ity Commieeion
�uMJW.T Hurricane Andr.aw Urban
Reforestation Orant
►�i�,�a gefef;tr+CE9 city commission Agandet
ceee►r d.io March 24 1904
cit$y a g e r ENCLOSURES .
R.CQXH NDAZ"SJi
It is respectfully recommended that the City commission adapt the
attached rosalution authorizing :he t-ity Manager to apply for a .
grant in them maximum amount of $35,060 for the planting cif
Additional 1ceplaceament trees under: Hurricane Andrew Vrbhr►
Ref orest.sti.or Grant Program Of t*he rloridp Department of
A ricuIt:ury and Consumer servic-as, rorestr.y Divieic-n, e:nd,
awarded, to execute the necessary agreements to accept sa:.d.
grant (q) •
AACJKGR JUDj.
The Parke and Recreation And Public Works Departments received
nati"fICatian from the Florida bepartment of Agriculture: and
consumer :3er�vic8a, Forestry DlViOion, that funding is now
available under the Hurricane Andrew Urban Reloreetcstiorr Brant
Progrom. The purpose of this grant program its to Nromat.e the
reectabliercment of trie urban tree canopy destroyed by Hurricane -
Andrew through federal funding) no local match is required. The
provisions of the grant program allow the City to atibmit up 1;o
four total-grsnt applications, one Po:: mach program category.
The Parks and Recreation Dopartment has prepared grant
applicatio)te for the planting of additional replacement trees (a
maximum award of $35,000). The replacement trees would. be placed
city righte-�of way or in plrrks that received insufficient
funds from other hurxioalle recovery sources. he required under
the grant: program, thin work will be performed by private
contractors) after receipt of bids, and will be supervised by the
Parke and Public Woks Departments.
ort�3 6 -�
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