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HomeMy WebLinkAboutR-94-0169,Y J iY t t d-94-247 3/17/94 94169 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 $100,0001 FOR CORRECTIVE TRIMMING AND STRUCTURAL REPAIRS TO DAMAGED TREES UNDER THE "HURRICANE ANDREW URBAN REFORESTATION GRANT PROGRAM"OF THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FORESTRY DIVISION; AUTHORIZING THE, CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TO ACCEPT AND IMPLEMENT SAID GRANT, SHOULD SAID GRANT BE AWARDED;' FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCY. L WHEREAS, the natural disaster knows as "Hurricane Andrew" severely damaged the urban tree resources of the City of Miami on the morning of August-24, 1992; and WHEREAS, the State of Florida, Department of Agriculture and Consumer Services, Forestry Division, has announced that grant funding is available for specified projects within hurricane '+ affected areas under the Hurricane Andrew Urban Reforestation Grant Program; and CITY COIyMSSIOR MMETING OF MAR 2 4 1994 Resolution No. 94- 169 P t WHEREAS, as a result of storm damage, the City of Miami i requires funding so that it may conduct a project for the corrective trimming and structural repair of damaged.trees in the amount of $100,000; 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 authorizedl' to submit a grant application, in a form acceptable to the City Attorney, to request funding, in the amount of $100,000, for corrective trimming and structural repairs to damaged 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 form, 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. 94- 169 -2- ATTACHMENT I •, „ Page 1 of 9 3 t HURRICANE ANDREW URBAN REFORESTATION GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day Of 119 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, 1992, by granting funds to the Grantee for the purpose as outlined in grant; application Number , included herein as Exhibit "All and by reference made a part hereof; WHEREAS, the Department and the Grantee are of the opinion thr.t thecitizens 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; 94- 169 Page 2 of 9 NOW THEREFORE, for and in considerationf"he 'f►utal be 'efts 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 criteria. 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 Page of 3 of 9 4 ` �,r��.� E check numbers). (c) Bills for fees or other compensation for services or I 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 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. f Failure_ to submit 'a required report or submission of an unsatisfactory required report is sufficient grounds for 94- 169 46 i AI- terminationPage 4 of 9U+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, i' pruning, and fertilizing) of all trees must be in accordance with the Planting and.Maintenance j Guidelines included herein as Exhibit "C and 1 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, j length; proper pruning of all trees including 1. 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 yentirety, or removing and replacing those trees f that fall below original Project Standards; (vi) Tn the event that trees must be removed or replaced for whatever reason, then they shall be replaced with trees of the same grade, .t 94- 169 47 5 Page of 9 .:. size and specification as provided for in 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.) Inthe event that seedling or tubeling survival 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 forin the original plans for the project. The above named functions to be performed by the Grantee shall be subject 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: j `(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. E (c) By either'- party following sixty (60) calendar days written notice. (d) By both parties following the complete execution by both 5 parties of an agreement to terminate this Agreement. 94- 169_ 48 VVI Page 6 of 9 L!Cy 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 acreement 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 te=,s 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 94-- 169 1 Fgz�''{"))Yl r Page 7 of 9 G 9!2 N! !ri R'� 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 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 i notice to the Grantee; 4. (b) If to the Grantee addressed to: I 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 i lobbying the Florida Legislature, the Department, or any other . i ` 9169 4- So ,� r r fiRR { Page 8 of 9Lai �:. state agency' • 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-prof it 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 statement prepared by an independent certified publicaccountant 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 rocordings, films and photographs produced as part of this project shall not be -restricted under the copyright. laws of the United States of America. 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 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. 94- 169 51 .� if ytpig W • e t'sr M, r,.j k } f r,` � •�M.r,I.� tyam\ r.. 1 •. Page 9 of 9 If a payment is not available within 40 days, a separate interest penalty of 03333 percentper 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. E A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include t i. acting as an advocate for Grantees who may be experiencing problems �•. in obtaining timely payment(s) from a state agency. The Vendor Page,9 of 9 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. t STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 7" X��Zer-4 BY: Approval.as to. Form and Director, Division of i Legality Administration .4. is Name of Grantee i BY: j Title: r Attest: (SEAL). j.' Approval as to Form and Legality 94 169 52 .. \J F ^ITY OF Mil%ml. FLORID . INTER-QFFICF. Mwom CA 3­7"',. �U Honorable Mayor and M�:mb�a�•s aAlk T '�pqA ►u of the 'City commise.lon sues�ect • Hurricane Andrew Urban Reforestation $rant ��` Hatt pgFgAE'�CES city Commission Agenda- Cee' C.io March 24, 1904 ENCLOSURES Ci.tY !1 agOr RLCO23METIA87a�1`i , It. is respectfully recommended that the City Commission adopt the attached 'resolution authcrizing the city Manager to e�pply tar a grant in the 'maximum amo+ant of %noo,000 for corrective trimming. and et'ructural repairs to damaged trees under the Hurricane % Andrew Urban Reforestation Grant Program of the rIori41a ( 150pnrtment af, Agriculture and consumer aervlcea, Foreat�ry Division, and, if awarded, to execute the rteceseary aelreementn Aso aoaspt said 'grant (a) $keKQAO�1_Ho-r� The Parke " and '-Recreation and Public works Dehart.rriente, have received notification from the Florida Department of Agriculture and Consumer Services, Forestry Division, that funding is n,5w availableunder the Hurricane Andrew Urban Reforestation Grant Program. The purpose of this grant program is to. .promote t.1e reestablishment of the 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 submit up to -- 'four total cjrant applications, one for each program category. The Parks and Recreation Department has prepared grant appiir.attons for corrective trimming and structural repair to damag©d troe s-('$100,o00 maximum award). The corrective trimming and pruning services would be provided primarily in parks where trees.. were damaged. As required unifier the grant program, ,this 1. work will be performed by private contractors afte:c receipt, of hide, and', will be supervised by the Parke and PiAblia Works 1)a13art:mant9. A7, 94- 169