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HomeMy WebLinkAbout23541AGREEMENT INFORMATION AGREEMENT NUMBER 23541 NAME/TYPE OF AGREEMENT STATE OF FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES DESCRIPTION GRANT AGREEMENT/PURCHASE & INSTALL PALM TREES/FILE ID: 92-850/R-92-0779 EFFECTIVE DATE ATTESTED BY WALTER FOEMAN ATTESTED DATE 1/12/1993 DATE RECEIVED FROM ISSUING DEPT. NOTE ame o DOCUMENT LOG FORM /CITY MANAGER'S OFFICE arjy(ies): Doc_umeht type: '-purpose: Facility: "Date(s): Department: Contact person(questions): Contact person(delivery): 0135�-ir( State of Fla. - Dept. of Agriculture Grant for Peacock Park Grant Agreement Purchase and install palm trees Peacock Park Execution - September 30, 1993 Parks & Recreation Charles Hudson Tel.: 5240 Anita Moore Tel .: 5240 EXPENS $ 8,122 ACCOUNT(s)/PROJECT(s) 1,c cz_wovtt`c , Authorized by Resolution No. 92— APPROVED BY: Budget Director N/A (IF (IF Comm.Dev.Director N/A (IF CIP Administrator N/A All City requirements have been met and the document(s) is(are) ready for execution Dept. Director/Designe DEPT. DIRECTOR OR DESIGNE ACM/Advisor OR GENERAL FUNDS) CIP FUNDS) C.D. FUNDS) gnature Signature Date R-ec.by Mgr's. Off.: Date signed by Mgr.: Attested by City Clerk: Returned to dept/office: ORIGINAL TO CITY CLERK: REV. 9/20/91 Date Date e 6\ 0 r \1 ,C 1 1 Attachment -H Page 1 of 7i e AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE 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 the City of Miami , hereinafter called the Grantee. WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by granting funds to the Grantee for the establishment of a demonstration tree planting project as outlined in the America The Beautiful Urban and Community Forestry grant application Number 92-64 and Grant Memorandum of Agreement (the "Grant Agreement") attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Department has awarded the Grantee an urban and community forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the Grantee agreed in the Grant Agreement to maintain the project(as described in the Grant Application); T$2..4A- q2-oaf-lit' iC'� 9a -G /7 Page 2 of 7 WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting ! forth the responsibilities of each party in maintaining the project; and WHEREAS, the Grantee by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows:. 1. 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 at the following location: Coconut Grove, 2820 McFarlane Road on Biscayne Bay. - Specifically, the Grantee accepts the below listed responsibilities and duties: (a). Proper watering and proper fertilization of all trees keeping them as free as practicable from disease and' harmful insects; (b). Proper mulching of tree beds; (c). Keeping the premises free of weeds; (d). Mowing and/or cutting grasses to the proper length; (e). Proper pruning of all trees which include (i) removing dead or diseased parts of- trees or (ii) pruning such parts thereof which present a hazard; Removing and replacing dead or diseased trees in (f). Page 3 of 7 their entirety, or removing and replacing those that fall below original Project Standards. The Grantee agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size and specification as provided in the original plans for the project. Furthermore, the Grantee shall keep litter removed from the project area. 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 except as otherwise provided in paragraphs 2 and 4 hereof, the Grantee shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. 2. This Agreement may by terminated under any one of the following conditions: (a). By the Department, if the Grantee fails to perform its duties under this Agreement or for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Grantee in conjunction with this Agreement following reasonable written notice. (b). By either party following sixty (60) calendar days written notice. Page 4 of 7 (c). By both parties following the complete execution by both parties of an agreement to terminate this Agreement. 3. The terms of this Agreement commence on and continue for a period of three (3) years. 4. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the 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 within one year of the date in Paragraph 3, 75 percent of the grant award. (b). If this agreement is terminated during the second year of this agreement, 50 percent of the grant award. (c). If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. 5. The Grantee Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Grantee during the performance of the Agreements, whether direct or indirect,' and whether any person or property to which the Department or said parties may be subject, except that neither the Grantee nor any of its sub -contractors shall be liable under this paragraph for damages arising out of injury or damage to Page 5 of 7 persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. 6. This Agreement, together with the America The Beautiful (ATB) Urban and Community Forestry Grant"Memorandum of Agreement, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference, to the subject matter hereof that are not superseded hereby. 7. This Agreement may not be .assigned or transferred by the Grantee, in whole or in part without the expressed written consent of the Department. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (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; and (b) . If to the Grantee addressed to City of Miami 1390 NW 7th Street, Miami, FL 33125. or at such other address as the Grantee from time to Page 6 of 7 time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. 10. Time is of the essence of this agreement.• - 11. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347,. Florida Statutes, and the 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 disburses grants and aidsappropriations, 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, non-profit 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 statement prepared by an independent certified public accountant Page 7 of 7 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. 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 Apppoval as to a Legality BY: Director, Division of Administration City of Miami, Florida Name of .Grans e BY: Cesar H. Odio, City Manager Title: Manager ATIJ Approvals as to flat CForm j��rat' Hira and Legality A. Quinn Jones, III, City Attoy Attachment G Page 1 of 10 AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY 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 the City of Miami , hereinafter called the Grantee. WITNESSETH 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 92-64 , 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 ATB Urban HEN RETUHYiNU huttI .i REVIEW, PLEASE IDENTIFY AS 0(94-/F? # .9c;2 —42/1 Page 2 of 10 and Community Forestry Grant Application Number 92-64 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 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 award. 19 January 15, 1993 shall constitute forfeiture of •the 2. The effective date of this agreement is 1 3. The Grantee shall complete the project by September 30, 1993 as set forth in the, ATB Urban and Community Forestry Grant Application Number. 92-64 approved by the Department on September 28, 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 $ 16, 244.00 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Grantee the total sum of $ 8,122.00 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 (60) 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 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, 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 employees. 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.. 10. This Agreement may not be assigned or transferred by the 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 Miami 13904V 7th Street Miami, FL 33125 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 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 Florida Legislature, the Department, or any other it -NE 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 ndt 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 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 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. Page 10 of 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. 'ray -moo i ze 9 Approval as to 'Wake, Fo a d Legality Appr val as to Dat,%La and Legality L� A. Quinn Jones, III, City Attorney FP STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BY: Director, Division of Administration City of Miami, Florida Name of G. ntee BY: Cesar H. Od.io Title: City Manager AttE; y5 tom: �;/GP�J C ro c (S EAL) �l pb Matty Hirai, zty Clerk ., THE CITY OF MIAMI'S APPLICATION FOR AN AMERICA THE BEAUTIFUL URBAN AND COMMUNITY FORESTRY GRANT JULY, 1992 TABLE OF CONTENTS -Letter of Transmittal -Request for Proposal -Application Form/Project Description - Cost Estimates (Budget) -Evaluation Criteria -Photographs - Location Map - Site Plan -Resolution Authorizing City Manager to Apply for Grants -Draft Resolution Authorizing City Manager to enter into a Memorandum of Agreement with the State Florida Ci±g of ALIIERTO RUDER Director July 29, 1991 Mr. D. R..Curtis Acting Director Florida Division of Forestry 3125 Conner Boulevard Tallahassee, FL 32399-1650 Dear Mr. Curtis: iami CESAR H. ODIO City Manager The City of. Miami is pleased to .submit the attached grant application to the Florida Division of Forestry under the America the Beautiful Urban and Community Forestry Matching Grant Program. The application was prepared by the Department of Parks and Recreation. Two (2) originals and eight (8) copies are attached pursuant to application guidelines. Dianne E. Johnson will serve as liaison agent for this City of Miami Grant Project. Any questions about the application or request for information should be directed to Ms. Johnson at (30.5)575-5245. Thank you for your consideration. Sincerely, Alberto Ruder Director AROadm • cc: Cesar H. Odio, City Manager Aurelio Perez-Lugones, Legislative Administrator Wally Lee, Assistant City Manager Sergio Rodriguez, Assistant City Manager Attachment DEPARTMENT OF PARKS AND RECREATION 1390 N.W. 7th Street/Miami, FL 33125/(305) 575-5240/FAX (305) 575-5255 Addendum No. 1 ` Revised 05/13/92; j tr'. 1 SUBMIT PROPOSAL DEPT: ,'.OF. • AGRICULTURE' .. 1.! • •2; ..• PLICATION'`}::t PURCHASING, • TALLAHASSEE, r J `rt-ht vi i 1 A i7, f `I TO 'r F t ;; , r ` yk„ .;1. AND }.CONSUMER . SERVICES •••• a,.t i- .•t•isn•,,; J. • ;i•t,,ty+: .p, i.._;t .; = ROOM SB-8,'..MAYO BUILDING : FLORIDA' 323,99-0800 •-•%:.: • .(904):.488-7552 • • • . •::. ' I 4 STATE REQUEST CONTRACTUAL Acknowledgement OF FI ORIDA FOR PROPOSAL SERVICES Form Telephone Number:;':•:,'• • Page 1 of . • 9. ,�o" • 8 pages PROPOSALS WILL BE OPENED -.2: 30 P.N. JULY 3 , 1,. 1992; : . i'. • .. and maynot be withdrawn within 7, .days after such date and time::,3y I;n;+'•;s Al=•" ;QROPOSAL.NOJ.'' �* .;i=';;r." `" w4 iii y4,.7. ik'i fr. Ri4�'' DF-91%92-69*,•f l�• w; AGENCY MAILING DATE:::, i05/04/92 .. •-• PROPOSAL TITLE • . :.....;.. :,,. `:,; ;,-:-as:;"-; ,x"� ir,;•., rikj7a ?;r,:a_ n l; zw f:0 i'•''.AMERICA:TEE•BEAUTIFUL URBAN AND COMMUNITYFORESTRT.tGRANT.,PROGRAM -i;f.. l'1ij•'�jr�.',`!;,,:''• 7.r;;yt'1.h•:rr: Si:!•``t" t-: FEDERAL EMPLOYER IDENTIFICATION NUMBER OR• S.S. NUMBER 59-6000-375 , VENDOR NAME City of Miami REASON FOR NO PROPOSAL , 1 VENDOR MAILING ADDRESS - 1390 NW 7 Street CITY - STATE - ZIP 'Miami, FL 33125 POSTING OF PROPOSAL TABULATIONS Proposal tabulations with recommended awards will be posted for review by interested parses a; Ine location where proposals were opened and will remain posted for a period 0l 72 hours. Failure to file a protest within the time prescribed in Section 120.53(5). Florida Statutes. shall ConsIitule,a waiver of proceedings under Chapter 120. Florida Statutes. Posting will be on or about U / `j 2 ARE/4 CODE 305 TELEPHONE NUMBER 57 5- 5 2 40 TOLL -FREE NUMBER • I certify that (his proposal is made without prior understanding. agreement. or connection wen any corporation. firm, or person submitting a proposal for the same contractual services and is in ail respects fair and without collusion or fraud. 1 agree fo abide by all conditions of this Droposal and certify that f am authorized to sign thus proposal for the proposer and mat the prcposer rs in comphance with all requirements of the Request for Proposal. including but not fimeed 17. certification requirements. In subm,ning'a proposal to an agency for me State of Florida. the proposer otters and agrees that if the proposal is accepted. the proposer will convey. sell. assign or franster tc the Stale of Fronde all rights. Ode and interest in and to all causes of action a may now or hereafter acourre under :ir the Anli-trust laws of the United States and the State of Florida for price hxing relating to e particular commodities or services purchased or acquired by the State of Florida At the State s discretion. such assignment shall be made and becorne effective at the time the purchasing agency tenders final payment fo the proposer. AUTHORIZED SIGNATURE (MANUAL) Cesar H . Oil • Cit• y t Manager / y ' ••- AUTHORIZED SIGNATURE (TYPED) TITLE . -u c; 1 • T SEALED PROPOSALS: All proposal form must be executed and submitted THAN ONE PROPOSAL PER ENVELOPE.) addition 10 the above address. the dale number. Proposal prices not submitted shall be rejected. All proposals are subject do not comply with these conditions are 1. ' EXECUTION OF PROPOSAL: of authorized representative in the printed in ink. Use of erasable ink proposer must be initiated. The company must appear on each pricing page repetitive business with the Stale company. contact Department of Cenlerview Drive, Knight Building, 904.468-8440 immediately. 2. NO PROPOSAL SUBMITTED: returning only this proposer acknowledgement and explain the reason in the procurement solicitation without conformance to contract conditions, and valid shall be cause for removal fist. NOTE: To quality as a respondent. and it must be received no later than 3. PROPOSAL OPENING: specified on the acknowledgement that his proposal is delivered a1 Proposals which for any reason are telegram or telephone are not opening of the price proposals. written request with an enclosed. a predetermined tee. Proposal tabulations 4. PRICES, TERMS AND include all services rendered to the (a) TAXES: The Stile of Florida on direct purchased Of services. order or agreemenl.liirm. services in the performance real property as defined in (b) DISCOUNTS: Cash discount In determining the lowest net C MISTAKES: Pro posers work, proposal prices. extensions, involved. Failure to do so will ,,.1... n6,i 1 , y,r 2,:.. 1yi."1r0fh,i..d.. GENERAL CONDITIONS ,,_ sheets and this original acknowledgement (d) INVOICING' AND PAYMENT: The ponlractor shall be paid upon in a sealed envelope. (DO NOT INCLUDE MORE submission of properly certified invoices to the Purchaser at the prices stipulated The lace of the envelope shall contain. in on the contract al the lime the order is placed. alter delivery and aideplance of and time of the proposal opening and the proposal, goods. less deductions if any. as provided. Invoices shall contain the contract on attached proposal price sheers when required number. purchase order number and the contractors' Federal Employer Idenlili• to the conditions specified herein Those which- cation Numoer. An original and three (3) copies of the invoice shall be submitted. subject to rejection. The linal payment shall not be made until alter the contract is complete unless the State has agreed otherwise. Invoices for lees or other compensation for Proposal must contain a manual signa:.:re services or expenses submitted for contractual services shall be submitted in space provided above. Proposal must be typec cr detail sufficient for a proper preaudil and poslaudil thereof and invoices for any is not permitted. All corrections to prices made oy travel expenses shall be submitted in accordance with the rates at or below those name and F.E 1.0. or social security number specified in Sections 112.061 and 287.058 F.S. Interest Penalties: Payment of the proposal as required. II a vender intends lc cc shall be made in accordance with Section 215.422. F.S., which stales the and a vendor number has not been assigned to vo-r conlraclois' rights and the Stale agency's responsibilities concerning interest General Services. Division of Purchasing. 2737penalties and time limits for payment of invoices. The Division of Purchasing Suite 220. Tallahassee. FL 32399-O950. shall revier. the conditions and circumstances surrounding non-payment and unless there is a bonalide dispute. the Division may in writing authorize the contract supplier to reject and return purchase orders from said agency until II not submitting a proposal. responc �y such lime as the agency complies with the provisions of Section 215.422. F.S. Iorm. marking it "NO PROPOSAL. (e) ANNUAL APPROPRIATIONS: The State of Florida's performance space provided above. Failure to respond to a and obligation to pay under this contract is contingent upon an annual giving justifiable reasons for such lailure. non. appropriation by the Legislature. or•other pertinent factors deemed reasonaole of the proposers name from the proposal mailing 5. CONFLICT OF INTEREST: The award hereunder is subject to the provi- proposer must submit a "NO PROPOSAL . sions o1 Chapter 112, Florida Statutes. Proposers must disclose with their proposal the slated proposal opening dale and hour. the name of any officer. director, or agent who is also an employee of the Stale of Florida. or any of its agencies. Further. all proposers must disclose the name of any Shall be public. on the date. location and the time State employee who owns, directly or indirectly, an interest of five percent (5%) or form. II is the proposer's responsibility to assure more in the proposer's firm or any of its branches. In accordance with Chapter 287. the proper time and place of the proposal opening Florida Statutes. no person or firm receiving a Contract that has not been procured not so delivered. will not be considered. Offers by pursuant to Section 287.057(2) or (3) to perform a feasibility study of the potential acceptable. A proposal may not be altered after implementation of a subsequent contract. participating in the drafting of a request for NOTE: Proposal tabulations will be furnished upon - proposals. or developing a program for future implementation shall be eligible 10 self-addressed, stamped envelope and payment of contract with the agency for any other contracts dealing with that specific subject will not be provided by telephone. matter: and proposers must disclose with their proposal any such conflict of interest. PAYMENT: Firm prices shall be proposed and 6. AWARDS: As the best interest of the State may require. the right is reserved to purchaser. reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has . does not pay Federal Excise and Sales taxes been evaluated as being responsive. See tax exemption number on lace of purchase This exemption does not apply to purchases cl 7_ INTERPRETATIONS/DISPUTES: Any questions concerning conditions of contracts for the improvement of slate -owned and specifications shall be directed in writing to this office for receipt no later than ten Chapter 192. Florida Statutes. (10) days prior to the proposal opening. Inquiries must reference the date of proposal for prompt payment shalt not be considered opening and proposal number. No interpretation shall be considered binding unless cost for proposal evaluation purposes. provided in writing by the State of Florida in response to requests in lull compliance with this provision. Any actual or prospective proposer who protests the terms. specifications are expected to examine the conditions, scope of and conditions of the Request for Proposal, proposal selection or contract award and all instructions pertaining to Me services recommendation, shall file such protest in Iorm of a petition in compliance with Rule be at proposer's risk. 13A-1.006. ,Florida Administrative Code. Failure to file a protest within the lime pre- scribed in Section 120.53(5), Florida Statutes. shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. .u. s.":I"1'i1 ,,i..,. •i. r .i; ;sr. 0, 1,n... 4..r 71 .. m , ,•. afi..; 0.,.. Ai, x i• . r;..,i r+'.. ,,:.,,. i•., -• ... Attachment C Page 1 of 4 FLORIDA AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY GRANT APPLICATION FORM 1992 D -6y Administrative Use _.,? 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 -received no later than 2:30 p.m. July 31, 1992 at: Department of Agriculture and Consumer Services Purchasing Office - ATB - 92 APPLICATION Mayo Building - Room SB 8 Tallahassee, FL 32399-0800 Telephone (904) 488-7552 1 If you have any questions, please see Attachment D, "Where to Go for Help". APPLICANT INFORMATION (Please Print or Type) Project Title: Restoration of Peacock Park Palm Grove Applicant Name (Local Government, Volunteer Organization Or Educational Institution): City of Miami, Florida Name and Title of Contact Person:Ms. Dianne Johnson Address 1390 NW 7th Street Miami Zip: 33125 Phone:( )_ 575-5240 Is your organization a not for profit corporation pursuant to Chapter 617, Florida Statutes? Yes No X, Municipal Corporatioi FEID Number 59-6000-375 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 -Executive Offic . Cesar H. Odio Title: City Manager l/ Signature �/t Date 7-30-92 Attachment C Page 2 of 4 GRANT PROGRAM INFORMATION Specify Category 1, 2, 3 or 4 and designate the applicable subcategory (see Attachment B, General Information"). Category: 2 - Demonstration or Site Specific Project Sub -Category A - Demonstration Tree Planting Project SUMMARY OF COSTS (A 50/50 match or better on behalf of the applicant is required). Requested Grant $ Loca1•Match $ I II Personnel Expenses $ $ 8,099.00 Operating Expenses $ $ Capital Expenses Materials $ 3,622.00 $ 23.00 Other Installation $ 4,500.00 $ Total Requested Grarit(I) $ 8,122.00 -0- Total Matching Costs(II) $ -0- $ 8,122.00 Total Program Costs(III) $ 16,244.00 100% Add columns I and II for total III (100%) $8,122.00 %,Grant request $8,122.00 %Local match A budget, detailing all costs identified above must be attached. The local match,including cash and in -kind services, must be substantiated by documentation. PROJECT LOCATION. INFORMATION ,(Please Print or Type) (Complete where applicable) County Dade Forestry District/Center Ft. Lauderdale Local Government Jurisdiction (County Government, Municipality, School Bo4rd District or Independent Special District): City of Niami Describe. the Specific Location of the Project:Coconut Grove, 2820 McFarlane Rd. on Biscayne Bay Who has Maintenance Responsibility for the •Property(Category 2 Grants)? City of Miami Parks & Recreation Is the Land Ownership Public or Private?: Public Name of Landowner: City of Miami Attachment C Page 3 of 4 Project Title: Applicant Name: Restoration of Peacock Park Palm Grove - City of Miami PROJECT DESCRIPTION (two page limit) Urban and Community Forestry Grant Application SEE ATTACHED PAGE Attachment C Pagq 4 of 4 BUDGET SEE ATTACHED PAGE • PROJECT DESCRIPTION RESTORATION OF PEACOCK PARK PALM GROVE The project will be a site specific tree planting project at Peacock Park in Coconut Grove. It will consist of the re- planting of a coconut palm grove which was lost to lethal yellowing nearly 20 years ago. The City of Miami in conjunction with the Coconut Groye Chamber of Commerce, the Coconut Grove Jaycees, The Coconut Grove Arts Festival Committee, The Coconut Grove Association, and residents and homeowners established a Tree Planting and Beautification Committee for Coconut Grove, Peacock Park and Myers Park in 1990. Several volunteer tree planting projects have been undertaken by this group over the past two years - the most -recent being the planting of 35 Coconut Palms on Arbor Day (April 24, 1992) in Peacock Park. The palms were provided by Trees for Dade. This project was the first step toward reaching the committee's goal of restoring the large coconut palm grove which once existed in the Park. The original grove of over 200 palms (see attached photos) was decimated by lethal yellowing during the 1970's. These palms were the Jamaican Tall variety and were highly susceptible to the disease. The replacement palms will all be the Maypan variety which is resistant to lethal yellowing. Volunteers in large numbers (30 to 40), committee members, and City staff have enthusiastically participated in all`'of the;tree planting projects in Coconut Grove. However, if the final'goal of complete restoration of the original palm grove is to be ftchieved, additional funds will be required in order to properly plant the palms according to applied urban forestry principles to insure their survival. For example: Special equipment will be needed to auger larger holes in order to accommodate proper planting soil and fertilizer and afford a more fertile environment for the development of healthier palms (see the attached cost estimates). The project is certainly of a scope which can easily be completed within 12 months. It is anticipated that three plantings spaced three months apart will be needed to complete the project. Trees for Dade will be the source of the palms. The project will also provide for the installation of an informational sign explaining the project and the applied urban forestry principles employed. . EVALUATION CRITERIA 1. DEMONSTRATED NEED As evidenced by the Trees for Dade program, which is raising large numbers of coconut palms for the purpose of replenishing the hundreds of thousands lost to lethal yellowing, there is a need to re-establish these lost palms. The City of Miami and the residents, merchants, and civic leaders of Coconut Grove support this effort and have, in fact, already begun to fulfill this need through volunteers and city staff initiating palm planting projects. 2. ENVIRONMENTAL VALUE By replacing the lost palms along the bay in Peacock Park a canopy of new growth will be established as well as added protection for the shoreline which in some places has begun to erode. The palms will serve to stabilize the shoreline, thus protecting marine life and water quality. 3. 1991 ATB FUNDING STATUS This is a new project, not previously funded. 4. GOALS AND OBJECTIVES a. To re-establish the original palm grove decimated by lethal yellowing. b. To provide a demonstration planting program following established urban forestry principles. c. To demonstrate to the public the benefits of maintaining and expanding areas of tree cover by initiating a project in a high visibility area. d. To encourage cost effective measures in tree planting projects both on public and private lands by using volunteers and grant funds to achieve the goal of expanded tree cover areas. e. To 'enhance the aesthetic appeal of public parks by providing a palm grove canopy. 5. COST EFFECTIVENESS By using volunteer labor and city staff and equipment to match grant funds, the project provides maximum effectiveness for the least amount of cost. 6. LEVEL OF COMMUNITY INPUT OR SUPPORT The�Coconut Grove Community initiated this project through such'groups as the Jaycees, the Chamber of Commerce, residents and homeowners, the Coconut Grove Arts Festival Committee, and the Coconut Grove Association. These Community groups and individuals sponsored numerous tree -planting projects in Coconut Grove prior to the formation of the Peacock Park Beautification Committee. They are able to mobilize volunteers for beautification and tree planting projects throughout Coconut Grove. 7. VISIBILITY Peacock Park is one of the most "visible" locations in the City of Miami. Millions of people visit Peacock Park during a year to participate in dozens of festivals, fairs, shows, performances, and activities which take place in and around the park. ,i 8. PROMOTIONAL VALUE Because of the high visibility location discussed above, the opportunity exists for this project to stand as a model demonstration project. Also, the participation of groups such as the Coconut Grove Chamber of Commerce and Jaycees offers an ideal vehicle for promoting this and other urban forestry projects in Coconut Grove and elsewhere. 9. SUPPORTS THE OVERALL ATB IMPLEMENTATION PLAN This project will support the following aspects of the ATB Plan. a. Will improve the understanding of the benefits of preserving urban trees. b. Will implement a tree planting program. c. Will establish demonstration projects to irlustrate the benefits of forest cover and trees. 10. BENEFIT TO FLORIDA By presenting a renewed, large coconut palm grove in a very visible location where it can be viewed and experienced by millions of people, many of them tourists and visitors, the image will be one of pure subtropical flora-- indelibly imprinted in the minds of those visit and leave, taking visions "Florida" with them and eager to return. PAC CCX PA K PALM GRD\ - -A R.L-y (9 70 {� 1WsCoct< PA K 'IPA LA &ROU ' -rOPAy 7•ado 92. Robert Y FL.GIEP 1• LEGEN rJ ,convL` CPoYG 1/BR4RY c=;I .• vo.� s BAYSHOR E S.h .•a l4. MY •, %Zercrertec 'U/Ye'i. '�r.0 Ai. -=�-5< Re e. 2e3 iFe c . / -A / I1. L.. z f Lam/ V� '/ / 1 r . :� � .,( A '4 j".'.•. Cry .so slL .aim-L; �S<_,�y • iti" `� J'sne `: • /'% fAIQK BA Y F l.. P.I. i K/A/1Y 5 PA,2Ks- +DATE /.24-,612, hl0 �re'fIZ� 5 Frs. G.R 178 SHEET 1 OF % RESOLUTIONS The attached draft resolution authorizing the City Manager to enter into a Memorandum of Agreement will be submitted for adoption upon notification of award of grant. The City Manager is authorized by the attached Resolution No. 89- 912 to submit applications for Grants -in -Aid from Federal, State, County, and Local Governments as well as designate the appropriate in -kind and/or cash match as required. 10/3/89 J-89-959 RESOLUTION NO. 89--912 ARESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION(S) REQUESTING GRANTS-IN- AID FROM FEDERAL, STATE,COUNTY AND LOCAL GOVERNMENTS, AS WELL AS PRIVATE FOUNDATIONS, CORPORATIONS AND OTHER SIMILAR ORGANIZATIONS AT THE LOCAL, STATE AND NATIONAL LEVEL; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE APPROPRIATE IN -KIND AND CASH MATCH AS REQUIRED BY THE GRANTING AGENCY OR AGENCIES, WITH FINAL ACCEPTANCE OF ANY SUCH GRANT REQUEST AND ALLOCATION OF GRANT MONIES TO BE MADE BY THE CITY COMMISSION UPON THE CITY MANAGER'S RECOMMENDATION. WHEREAS, the City of Miami usually supplements its revenues via Federal, State, County and Local government grants< as well as from private foundations, corporations and any similar type of organization; and WHEREAS, in most cases these government and private agencies require that a resolution or ordinance be adopted authorizing submission of the application, assuring the availability of the required match, and the name of the person authorized to sign the application; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to submit application(s) requesting grants-in-aid •from Federal, •State, County and Local government agencies, as well as from private foundations, corporations and any other similar organization at the local', state and national level. Section 2. The City Manager is hereby further authorized to designate the appropriate in -kind and cash match as required by the granting agency or agencies. Section 3. Final acceptance of any such grant(s) request(s) and allocation of grant(s) monies is to be made by the City Commission upon the City Manager's recommendation. • CITY COMMISSION MEETING OF OCT. 12 1989 RESOLUTION No. REMARKS Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of ATTE MA HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JO GE FE NANDEZ CITY ATTOR •Y 1 October , 1969. AVIER L. SUA EZ, M -2- 89-912. America The Beautiful Urban and Community Forestry Grant RESOLUTION NO. A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO A URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. WHEREAS, many public and private areas within the jurisdiction of the City of Miami are in need of sound tree care and maintenance and must be improved and maintained as Urban and Community Forests; and WHEREAS, the Mayor and City Commission desire that City of Miami improve various areas within the city of Miami by adopting and promoting proper Urban and Community Forestry Practices; and WHEREAS, the Mayor and City Commission of the City of Miami wish to authorize the City Manager to enter into a Urban and Community Forestry Grant Memorandum of Agreement between the City of Miami and the Florida Division of Forestry; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA. Section 1. The Mayor and City Commission of the City of Miami hereby authorize the City Manager to enter into a Urban and Community Forestry Grant Memorandum of Agreement, in a form acceptable to the City Attorney between the City of Miami and the State of Florida Department of Agriculture and Consumer Services Division of Forestry. Section 2. The City Clerk of the City of Miami is hereby directed to send copies of this Resolution to the Division of Forestry and all other persons as directed by the Mayor and City Commission. PASSED AND ADOPTED this day of , 1991. XAVIER L. SUAREZ, MAYOR ATTEST: MATTY HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ' 1 SUMMARY OF COSTS GRANT CITY TOTAL PERSONNEL EXPENSES -0- $8,099.00 $ 8,099.00 OPERATING EXPENSES -0- -0- -0- CAPITAL EXPENSES -0- -0- -0- MATERIALS EXPENSE $3,622.00 23.00 3,645.00 INSTALLATION (AUGER) 4,500.00 -0- 4,500.00 $8,122.00 $8,122.00 $16,244.00 COST BREAKDOWN 1. SITE ANALYSIS & PREPARATION OF PLAN: a. Park Planning Coordinator $139.38/day x 15 days = $2,090.70 b. Horticulturist $82.42/day x 5 days = 412.10 Sub -Total $2,502.80 2. SITE WORK AND INSTALLATION: a. Park Planning Coordinator $139.38/day x 8 days = $1,254.42 b. Horticulturist $82.42/day x 8 days = 741.78 c. Auger holes in coral rock 150 x $30/hole = 4,500.00 Sub -Total $6,496.20 3. INSTALLATION MATERIALS: a. Planting Soil $60/cu. yd. x 50 cu. yd. = $3,000.00 b. Fertilizer (Palm Tree Special 12-4-12) $12/bag x 10 bags = 120.00 c. Mulch 7 s.f. x 150 = 1,050 s.f. x $.50 = 525.00 Sub -Total $3,645.00 4. INSTALLATION: Tree Planting Volunteers 20 @ 4 hrs = 80 hrs 80 hrs. x 3* = 240 hrs x $15.00 = $3,600.00 5. PLANT MATERIAL: 150 Maypan Coconut Palms - Trees ,for Dade - No Cost *NOTE: Planting of 150 Coconut Palms will take place on three (3) odeasions with 3 months between each and an estimated 4 hours each with 20 volunteers.