Res. No. 216-06-12357-additionRESOLUTION NO. 21 6 - 0 6 -12357
WHEREAS, the Mayor and City Commission wish to accept FY 2006-07 Urban and Community Forestry
(U&CF) grant award through the Florida Department of Agriculture and Consumer Affairs of $35,000 for City Tree
Inventory-Phase I; and
WHEREAS, the grant award will provide partial funds for the first phase of an inaugural citywide
inventorying of the trees on the roadways, waterways, and in the City's parks; and
WHEREAS, the City is committed to protecting, preserving and restoring its tree canopy and was provided
with contract agreement documents to be executed and returned no later than December 15, 2006; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant
memorandum of agreement for the FY 2006-2007 U&CF funding through the Florida Department of Agriculture
and Consumer Affairs.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY •
SOUTH MIAMI, FLORIDA:
Section 1: The City wishes to accept FY 2006-07 U&CF grant award funding of $35,000 from the Florida
Department of Agriculture and Consumer Affairs for City Tree Inventory-phase I
Section 2: That the Mayor and City Commission authorize the City Manager to execute the FY 2006-2007
Memorandum of Agreement with Florida Department of Agriculture and Consumer Affairs.
Section 3: The attached exhibit is incorporated by reference into this resolution.
Section 4: This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this day of Xk_�I - '2006.
ATTEST:
Y CLERK
CITY—ATTORNEY
NMI'
Commission Votk/
4-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
absent
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
Florida Department of Agriculture and Consumer Services Page I of I
CHARLES H. BRONSON, Commissioner
The Capitol - Tallahassee, FL 32399-0800 0 `` TO T TY CONTRACT AMENDMENT 1970
Please Respond To: Florida Department of Agriculture
and Consumer Services
Division of Forest y
Forest Management Bureau
3125 Conner Boulevard, C-25
Tallahassee, Florida 32399-1650
July 16, 2007
Ms. Julie Dalzell
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
RE: Amendment of Contract # 11970.
This letter, upon execution by both parties and attachment to the original contract shall
serve to amend said contract. The contract shall be amended as follows:
Page 1, paragraph 7:
B. The contract is valid upon execution through March 31, 2008.
Page 2, paragraph 9:
H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or
before May 15, 2008.
NO OTHER PROVISIONS OF THIS CONTRACT ARE AMENDED OR OTHERWISE
ALTERED BY THIS AMENDMENT.
Mike Gresham
Director of Adninistration
Department of Agriculture
and Consumer Services
(Date)
n
City of South Miami
(Company)
Sept.11,2007
(Date)
Florida Agriculture and Forest Products
$ 87 Billion for Florida's Economy
INCORPORATED • CITY OF SOUTH MIAMI
4 _ OFFICE OF THE CITY MANAGER
) RI INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julie L. Dalzell
Grants Administrator
Date: November 28, 2006 Agenda Item No:
Request: Authorization for the City Manager to execute an Agreement with the Florida Department
of Agriculture and Consumer Affairs for Phase I of the inaugural City Tree Inventory.
Reason/Need: To initiate the process of inventorying the trees on the roadways, waterways, and in the
City's parks. A tree inventory will assist the City in the effective planning and
management of the City's canopy. A tree inventory will also assist the City with efforts to
achieve Tree City USA designation. The phase I area is bordered on the South by U.S.
Highway 1; on the West by Ludlam Rd (S.W. 67th Avenue); on the East by S.W. 62
Avenue; and on the North by Miller Rd (S.W. 56 Street).
Cost: $35,000
Funding Source: $35,000 from U&CF Grant
Backup Documentation:
• Proposed Resolution
• Award Contract
T
M -J
•
lip YJ Eel WA
This agreement, made and entered into this the day of , 20_ by
and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida,
hereinafter called the "Department" and the City of South Miami, hereinafter called the Entity
(Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and
community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in
grant application Number 06H-52 included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the Department and the Entity (Subrecipient) 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 Entity (Subrecipient) by Resolution No. N/A, dated N/A, has indicated its
support of the grant application and authorized its officers to execute this Agreement on its behalf;
agree as follows:
A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 60 days
upon receipt of the agreement, shall constitute forfeiture of the award.
B. The contract is valid upon execution through September 30, 2007
C. The Entity (Subrecipient) has estimated the project cost to be $46,667 as shown on the
grant application budget sheet attached as Exhibit B. The Department agrees to
reimburse to the Entity (Subrecipient) the total sum of $35,000 or seventy-five percent
(75%) 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 for which the applicant has already
received reimbursement from any other source are not eligible for funding under this
grant.
D The Entity (Subrecipient) 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.
E. The project to be performed by the Entity (Subrecipient) shall be subject to periodic
inspections by the Department. The Entity (Subrecipient) shall not change or deviate
from the project without written approval by the Department.
F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project
accomplishments quarterly (December 31, 2006, March 31, 2007, June 30, 2007 and
September 30, 2007, etc.). Failure to submit a required report or submission of an
unsatisfactory report is sufficient grounds for termination of this agreement,
G. Reimbursements can be made one quarterly basis, if requested. No advance
payments will be provided. Applicants must submit e completed reimbursement
summary sheet to the Department with sufficient attachments to verify the claims made.
These may include invoices, receipts, canceled checks, payroll log sheets, etc. No more
than 75 percent of the grant amount will be paid to the Entity /SubnaoipienU prior tothe
submission of a completed Certification of Acceptance endorsed by the Department.
The final payment shall bemade once the following documents are received:
M\ Certification of Acceptance endorsed b«3 Division of Forestry official,
/2\ Final Reimbursement Summary Sheet with attached backup documentation.
(3) Brief narrative summarizing project @CCO0pliSh08Ot.
(4) News release to be submitted to a local publication crediting the U.S. Forest
Service for providing funding.
(5) Letter of appreciation tothe |OCg| congressional representative.
For installed plant materials, g sixty (60) day grow-in-period will be required after project
completion. Certification of Acceptance by the Department may be requested sixty /OU\
d8Vg after project CODlp|etiDD.
H. The Entity (SUbnecipieOt) [OUBt submit the final claim for reimbursement to the
Department onor before November 3O.2OO8.
The Entity (SU and agrees that public use 0fall reports or other
printed material, videos, audio recordings, films and photographs produced as part of
this project ahm||Dotbenaathctadunderthecopyhght|avvooftheUnitedStateaof
/\Onehca. All products (bn}ohuPes. signs, videos, etc.) funded by the Urban and
Community Forestry Grant must display a statement that the material has been prepared
using Urban and Community Forestry grant funds received through the U.S. Forest
Service.
Section 215.422, Florida Statutes, have five (5) working days to inspect
and approve goods and services, unless bid specifications or the purchase order specifies otherwise'
With the exception of payments to health care providers for hospital, medical, or other health care
services, if payment is not available within 40 days, measured from the latter of the date the invoice
was received or the goods or services are received, inspected and approved, a separate interest
penalty set by the Chief Financial Officer pursuant tO Section 55.03. Florida Statutes, will be due and
payable in addition to the invoice arnounL To obtain the applicable interest r8te, please contact the
Agency's Fiscal Section at(@5O)488-2O2Oo[ Purchasing Office @t(85O)488-7552. Invoices returned tO
an Entity (GUbF8cipieDt) due to preparation errors will result in a payment delay. Invoice payment
requirements do not start until a properly completed invoice is provided to the Department,
Bills for fees o[ other compensation for services nF expenses shall be submitted indetail
sufficient for a proper pre-audit and post-audit thereof. Bills for any travel expenses specifically
authorized by this Agreement shall be submitted and paid in accordance with the rates specified in
Section 112.O81.Florida Statutes. All approved travel expenditures must be submitted Dna State
travel form (see Attachment F).
Purchases of $2.500 to $25,000 shall be carried out documenting two ormore Written
quotations or written record of telephone quotations or informal bids to be opened upon receipt,
whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000.
Justification must be provided for 'a sole source avvo[d or for an mvvaPd to a vendor other than the
vendor submitting the lowest bid or quote.
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for Entities (Subrecipienta) who may be
experiencing problems in obtaining timely pgynnent/aJ from a state agency. The Vendor Ombudsman
may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline,
1-850-410-9724.
This Agreement may be terminated under any one of the following conditions:
A. The Department VfAgriculture and Consumer Services shall have the right ofunilateral
cancellation for refusal b« the Entity (SVbrecpienUto allow public access toall
documents, papers, letters o[ other material made or received by the Contractor in
conjunction with the contract, unless the records are exempt from g.24(@) OfArticle I of
the State Constitution and s. 119.O7/1\. Florida Statutes.
B. By the Department, if the Entity KSubnec ' nAfmUsto perform its duties under this
Agreement, following thirty (30) calendar days written notice by the Department.
C. Bv either party following sixty (GO) calendar days written notice.
D. Bv both parties following the complete execution bvboth parties OfBD agreement tO
terminate this Agreement.
In the event this Agreement is terminated before the Department has paid the Entity
(Subreo 'enhtheenbreGrantAmountthendleDepartnlerdagreeetopaytheEntitvUSubreopienMthe
entire Grant amount, if the project hasbeeOco[Opleted. |f the project haenotbeenco0p|eted.the
Department shall pay t0 the Entity (SUb[ecipieOt) a percentage Of the Grant amount equal tOthe
percentage of the project's completion.
Extension Of a contract for contractual services shall be in writing for @ single period only not to
exceed six (6)months and shall be subject tothe same terms and conditions set forth in the initial
contract. There shall be only one extension of contract unless the failure tV meet the criteria set forth
in the contract for completion 0fthe contract io due tV events beyond the control of the Contractor. If
initially competitively procured, contracts for contractual services may be renewed on a yearly basis for
OD more than three (3) years, or for B period DD longer than the 0[igiO8| contract, whichever period is
longer. Renewal ofa contract for contractual services shall beiO writing and shall be subject tothe
same terms and conditions set forth iO the initial contract. Renewals shall ba contingent upon
satisfactory performance evaluations by the Department. Renewal costs may not be charged bythe
Entity (SUbR}cipienU.
It is mutually understood and agreed that this contract is:
A. Subject tothe, 'SiODs of Section 287.058.Florida Statutes, and the State OfFlorida's
performance and obligation h} pay under this contract iS contingent upon 8Oannual
appropriation by the Legislature as provided in Section 287.0582, Florida Statutes.
B. Subject to the approval of the State Chief Financial Officer (Department of Financial
It is mutually understood and agreed that if this contract disburses grants and aids
appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a
water management district, or the judicial branch may not authorize or make any
disbursement of grants and aids appropriations pursuant to a contract or grant to any
person or organization unless the terms of the grant or contract prohibit the expenditure
of funds for the purpose of lobbying the Legislature, the judicial branch, or a state
agency.
The following provisions of A through K are not applicable to procurement contracts used to buy
goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single
Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by
state agencies to Nonstate entities to carry out state projects in accordance with and
subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be
applicable to and binding upon Recipient. Nonstate entity means a local governmental
entity, nonprofit organization, or for-profit organization that receives state resources.
Recipient means a Nonstate entity that receives state financial assistance directly from a
state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal
to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have
a state single or project-specific audit conducted for such fiscal year in accordance with
Section 215,97, F.S., applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state
financial assistance awarded through this Department resource by this agreement. In
determining the state financial assistance expended in its fiscal year, the Recipient shall
consider all sources of state financial assistance, including state financial assistance
received from this Department resource, other state agencies, and other Nonstate
agencies. State financial assistance does not include Federal direct or pass-through
awards and resources received by a Nonstate entity for Federal program matching
requirements.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and
conducted by independent auditors in accordance with auditing standards as stated in
Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for-profit
organizations), Rules of the Auditor General.
D. Regardless of the amount of the state financial assistance, the provisions of Section
215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law
relating to maintaining records concerning state financial assistance to such Nonstate
entity or allowing access and examination of those records by the state awarding
agency, the Chief Financial Officer, or the Auditor General.
E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the
state single audit, such Nonstate entity must meet terms and conditions specified in this
written agreement with the state awarding agency. In the event that the Recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provision of Section 215.97, F.S., the
cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such
an audit must be paid from the Recipient's resources obtained from other than state
entities).
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the
requirements of Section 215.97, F.S.'
(2) Require the Recipient, as a condition of receiving state financial assistance, to
allow the state awarding agency, the Chief Financial Officer, and the Auditor
General access to the Recipient's records and the Recipient's independent
auditor's working papers as necessary for complying with the requirements of
Section 215.97, F.S. The Recipient is required to retain sufficient records
demonstrating its compliance with the terms of this agreement for a period of
three years from the date the audit report is issued, and shall allow the
department of Agriculture and Consumer Services or its designee, access to
such records upon request.
(3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the
state awarding agency to conduct or arrange for the conduct of additional audits
or evaluations of state financial assistance or limit the authority of any state
agency Inspector General, the Auditor General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared
in accordance with the requirements of Section 215.97, F.S. The financial
reporting package means the non-state entities financial reports, management
letter, auditee's written responses or corrective action plan, correspondence on
the follow-up of prior years corrective actions taken, and such other information
determined by the Auditor General to be necessary and consistent with the
purposes of Section 215.97, F.S. Copies of the financial reporting package
required by this agreement shall be submitted by or on behalf of the Recipient
directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(b) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
G. Any reports, management letters, or other information required to be submitted to the
Department of Agriculture and Consumer Services pursuant to this agreement shall be
submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five (5) years from the date the audit report is
issued, and shall allow the Department of Agriculture and Consumer Services, or its
designee, Chief Financial Officer, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the
Department, or its designee, Chief Financial Officer, or Auditor General upon request for
a period of five (5) years from the date the audit report is issued, unless extended in
writing by the Department.
The Recipient shall be required to ensure expenditures of state financial assistance be in
compliance with laws, rules, and regulations applicable to expenditures of state funds,
including, but not limited to, the Reference Guide for State Expenditures (DFS).
J. The Recipient agrees that this agreement may be charged only with allowable costs
resulting from obligations incurred during the term of this agreement.
K. The Recipient agrees that any balances of unobligated cash that have been advanced or
paid that is not authorized to be retained for direct program costs in a subsequent period
must be refunded to the state.
The following provisions of A through H are applicable regarding the administration of resources
provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the
Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A -133,
as revised.
A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal
year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this
agreement indicates Federal resources awarded through this Department by this
agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from
this Department. The determination of amounts of federal awards expended should be
in accordance with the guidelines established by OMB Circular A -133, as revised. An
audit of the Recipient conducted by the Auditor General in accordance with provisions of
OMB Circular A -133, as revised, will meet these requirements.
B. In connection with these audit requirements, the Recipient shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not
required. In the event that the Recipient expends less than $500,000 in federal awards
in its fiscal year and elects to have an audit conducted in accordance with provisions of
OMB Circular A -133, as revised, the cost of the audit must be paid from the non-federal
resources (i.e., the cost of such an audit must be paid from the Recipient resources
obtained from other than Federal entities).
D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by this agreement shall be submitted when required by
Section .320(4), OMB Circular A -133, as revised, by or on behalf of the Recipient directly
to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
(b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised
(the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse) at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(c) Other federal agencies and pass-through entities in accordance with Sections
.320(c) and (f), OMB Circular A -133, as revised.
E. Pursuant to Section .320(f), OMB Circular A -133, as revised, the Recipient shall submit
a copy of the reporting package described in Section .320(c), OMB Circular A -133, as
revised, and any management letter issued by the Auditor, to the Department of
Agriculture and Consumer Services at the following address:
The Department of Agriculture and Consumer Services
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
F. Any reports, management letters, or other information required to be submitted to the
Department of Agriculture and Consumer Services pursuant to this agreement shall be
submitted timely in accordance with OMB Circular A -133, as revised.
G. Recipients, when submitting financial reporting packages to the Department of
Agriculture and Consumer Services for audits done in accordance with OMB Circular A-
133, as revised, should indicate the date that the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five (5) years from the date the audit report is
issued, and shall allow the Department of Agriculture and Consumer Services, or its
designee, Chief Financial Officer, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the
Department, or its designee, Chief Financial Officer, or Auditor General upon request for
a period of five (5) years from the date the audit report is issued, unless extended in
writing by the Department.
It is expressly understood and agreed that any articles that are the subject of, or required to
carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely
handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under
the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this
contract the person, firm, or other business entity carrying out the provisions of this contract shall be
deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency
are concerned. Available products, pricing and delivery information may be obtained by contacting:
RESPECT of Florida, 2475Aoo|achee Parkway, Suite 2O5. Tallahassee, Florida 323O1-4948.
telephone number (B5D) 4O7-1471 and fax number (85O)858-01O8.
|tia expressly understood and agreed that any articles which are the o[or[equiredto
carry out, this contract shall bepurchased from the corporation identified under Chapter 948.Florida
Statutes, in the same manner and under the same procedures set forth in Section 04O.515/2\ and (4)`
Florida Statutes; and for the purposes ofthis contract the person, firm, or other business entity carrying
out the provisions Vf this contract shall be deemed tobe substituted for this Agency insofar aSdealings
with such corporation are concerned. The"corporation identified" is Prison Rehabilitative Industries
and Diversified Enterprises, Incorporated. Available VKJduota.phoiOg and delivery schedules may b8
P
obtained by contacting: PRIDE of Florida, 1242528 Street, North, Bt. Pete[obUrg, Florida 33716.
telephone number /727\572-1S87.
The Entitx(GU is informed that a person or affiliate who has been placed on the
convicted vendor list following a conviction for @ public entity crime may not submit 8 bid oOaD
agreement toprovide any goods Dr services tOa public entity, may not submit o bid oOonagreement
with g public entity for the cDnRtnJ<tiDD or repair Of @ public building or public VVOd<` may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, o[ consultant under @O agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO fora period of 36 months from the date of being placed on the
convicted vendor list.
The Entity (SUb[eCi 'enMiSiDfOrDedth@tthe employment Ofunauthorized aliens bv any Entity
(SUbreci 'ent) is considered @ violation of SectiDO274A(e) of the Immigration @Dd Nationalization Act.
If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this agreement.
The Entity (Subrecipient) is informed that an entity or affiliate who has been placed in the
discriminatory vendor list may not submit g bid on a contract to provide goods or services toapublic
entity, may not submit o bid onm contract with apublic entity for the construction o[ repair ofepublic
building or public work, may not submit bids OD leases of real property to a public entity, may not award
or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public
entity, and may not transact business with any public entity.
In accordance with Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that
it shall indemnify and hold harmless the Department and all of the Department's officers, agents and
employees from any daim, action, neglect or omission by the Entity (Subreoipient) during the
performance of the Agreements, whether direct or indirect, and whether any person o[ property to
which the Department 0[ said parties may be subject, except that neither the Entity (GUb[eCipient)nor
any of its sub-contractors shall be liable under this paragraph for damages arising out Ofinjury or
damage to persons or property directly caused or resulting from the sole negligence of the Department
or any of its officers, agents oremployees.
|n the event that two or more documents combine to form this agreement between the parties,
including future amendments and addenda, and in the event that there are contradictory or conflicting
clauses Vr requirements iO these documents, the provisions of the dooumeOt(G) prepared bvthe
Department Of Agriculture and Consumer Services Contract shall be controlling.
All contracts entered into by the Department of Agriculture and Consumer Services or any
Division O[ Bureau thereof, are and shall be controlled by Florida law, contrary provisions
notwithstanding.
In the event that any clause O[ requirement of this agreement is contradictory to, orconflicts
with the requirements of Florida |8VV including, but not limited to requirements regarding contracts with
Florida's governmental agencies, the offending clause or requirement shall be without force and effect
and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject
shall substitute for that clause or requirement and be binding on all parties to this contract.
As applicable under Florida Statute 768.28, each party will be liable under this paragraph for
damages arising out Of injury O[da0ggetopg[soOs o[ property directly caused o[ resulting from the
negligence of such party or any of its officers, agents or employees.
All nOUce8, derOands, requests or other instruments tnthe Department ahmU be addressed to:
Mr. Charlie Marcus
Forest Management Bureau
3125 Conner Boulevard, Suite R-8
To||mh8G9ae, Florida 32399-1650
All notices, demands, requests or other instruments to the Entity (SUbRecipient) shall be
addressed to:
K8S. Julie DGhze}|
City of South Miami
G13O Sunset Drive
South Miami, Florida 33143
Signed b« parties ho this agreement:
ature
1
Date
FEID Number of Social Security Number
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) —
U.S. Department of Agriculture/U. S. Forest Service, CFDA #10.664 Cooperative Forestry Assistance
$35,000.00
Xil
A
_Ar ]N1K01TJY
NOTE. If the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement (e.g., what services /purposes resources must be used for).
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources).
3. Etc,
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the recipient to comply with the requirements of applicable provisions of
specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the
recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources
must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want
to attach a copy of the specific law, rule, or regulation referred to.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:,
NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide
the same information shown below for each Federal program and show the total State resources awarded for
matching.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number)
—
$ (amount)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project provide the same
information shown below for each State project and show total state financial assistance awarded that is subiec
to Section 215.97, Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) —
$ (amount)
DACS-01085 Rev. 08/06
DFS-A2-CL
July 2005
Rule 691-5.006, FAC
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
• THIS AGREEMENT ARE AS FOLLOWS:
NOTE. List applicable compliance requirements in the same manner as illustrated above for Federal resources,
For matching resources provided by the Department of 'ABC" for Federal programs, the requirements might be
similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements
pertain to different amounts of the non-Federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc.)
listed under this category.
NOTE. Section .400(d) of OMB CircularA-133, as revised, and Section 215,97(5), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient,
DACS-01085 Rev. 08/06
DFS-A2-CL
July 2005
Rule 691-5.006, FAC
I-, I I k I—ITA
MM
91111-W&I-01110841 III 111, 11 i I a
�jj:A,-YAjJN Alij T 7 f 'kNik • -j:Mj
kip 0
_XV
Q ]JjIjjL
_IJ �j -
Name of Grantee: Contract No.:
Item #
Descriptions of Items or Services Purchased
Grant Amount
Match Amount
(Attach copies of canceled checks, receipts and
invoices)
Totals
Remit payment to:
Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and
documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should
verbal quotes be received, name and address of company and dollar amount quoted shall be
documented in writing. Sealed bids are required for all purchases over $25,000.
AUTHORIZED SIGNATURE:
Grantee
Date
BID NUMBER: RFP /DF- 05106 -123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M.
ATTACHMENT C
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants
should also review the instructions for certification included in the regulations before completing this form Signature of this form
provides for compliance with certification requirements under 34 CFR Part 82, `New Restrictions on Lobbying; and 34 CFR Part 85,
`Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace
(Grants).' The certifications shall be treated as a material representation of fact upon which reliance will be placed when the
Department of Education determines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 34 CFR Part 82, for persons entering into a
grant or cooperative agreement over $100,000, as defined at
34 CFR Part 82, Sections 82.105 and 82.110, the applicant
certifies that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the making of any Federal grant, the entering
into of any cooperative agreement, and the extension, continu-
ation, renewal, amendment, or modification of any Federal
grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, `Disclosure Form to
Report Lobbying; in accordance with its instructions;
(c) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and
that all subracipients shall certify and disclose accordingly_
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 34 CFR Part 85, for prospec-
tive participants in primary covered transactions, as defined at
34 CFR Part 85, Sections 85.105 and 85.110—
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three -year period preceding this applica-
tion been convicted of or had a civil judgement rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a
public (Federal. State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
P *1
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph
(2)(b) of this certification; and
(d) Have not within a three -year period preceding this application
had one or more public transaction (Federal, State, or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the state-
ments in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 34 CFR Part 85, Subpart F, for grantees, as
defined at 34 CFR Part 85, Sections 85.605 and 85.610 -
A. The applicant certifies that d will or will continue to provide a
drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace:
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Malang it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by para-
graph (a) that, as a condition of employment under the grant, the
employee will:
(1) Abide by the terms of the statement: and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
BID NUMBER: RFPIDF -05/06 -123
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers
of convicted employees must provide notice, including position
title, to: Director, Grants Policy and Oversight Staff, U.S_ Depart-
ment of Education, 400 Maryland Avenue, S.W. (Room 3652,
GSA Regional Office Building No. 3), Washington, DC 20202-
4248. Notice shall include the identification number(s) of each
affected grant:
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted:
(1) Taking appropriate personnel action against such an em-
ployee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a
drug -free workplace through implementation of paragraphs
(a), (b), (c), (d), (a), and (f).
B. The grantee may insert in the space provided below the site(s)
for the performance of work done in connection with the specific
grant:
Place of Performance (Street address. city, county, state, zip
code)
Check [ j if there are workplaces on file that are not identified
here.
OPENING DATE: JULY 14, 2006 @ 2:00 P.M.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 34 CFR Part 85, Subpart F, for grantees, as
defined at 34 CFR Part 85, Sections 85.605 and 85.610-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance in conducting any activity with the
grant; and
B. If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I will
report the conviction, in writing, within 10 calendar days of the
conviction, to: Director, Grants Policy and Oversight Staff,
Department of Education, 400 Maryland Avenue, S.W. (Room
3652, GSA Regional Office Building No. 3), Washington, DC
20202 -4248. Notice shall include the identification number(s) of
each affected grant.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications.
NAME OF APPLICANT
PR/AWARD NUMBER AND / OR PROJECT NAME
City of South Miami City Tree Inventory -Ph
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Yvonne Soler - McKinley City Manager
TINATU DATE
July 12, 2006
80 -0013 v 12/98
30
'WID NUMBER: RFPIDF-05/06-123OPENING DATE: July 14,2006 @ 2:cEM. IBIT A
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category
Grant for which you are applying. The proposal packet must not exceed forty (40) one
sided pages, including attachments. All attachments must be 8 112" 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 ". Six (6) copies (one copy with original signatures and (5) five copies)
of the proposal packet including the proposal form, the project description and all
attachments must be received no later than 2:00 p.m., July 14, 2006 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2006 HURRICANE SUPPLEMENTAL PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT J, "Division of Forestry
District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title: City Tree Inventory Phase -1
Proposer Name: CITY OF SOUTH MIAMI
Name and Title of Contact Person: Julie L. Dalzell, Grants Administrator
Address: 6130 Sunset Drive, South Miami, FL
Zip: 33143 Phone.( 305 663-6343 x-5430
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes X No
FEID Number 59-6000431
Has the implementation of this project already begun? NO . If so, on what date was
it begun?
As the duly authorized representative of the Proposer named above, I hereby certify that
all parts of the proposal and required grant information have been read and understood
and that all information submitted herein is true and correct.
Authorized Executive Officer:
Title: Yvonne Soler-McKinley, City Manager
Signature:
Date: July 12, 2006
BID NUMBER: RFP/DF-05106-123OPENING DATE: July 14, 2006 @ 2:00 P.M.
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
(Two page limit, #12 font, single-space)
2005 EMERGENCY HURRICANE SUPPLEMENTAL GRANT
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
(include information that will support the evaluation criteria listed on page 19-21 of this RFP)
The City of South Miami is requesting $35,000 from Urban and Community Forestry
Grant Program. Grant and in-kind contributions will be used to conduct the first phase of
a citywide tree inventory. This project will be the first phase of the inaugural citywide
tree inventory, consequently, the canopy figures provided herein are educated estimates.
The City. of Pleasant Living, was founded in 1927, and is located 8.5 miles south of
downtown Miami. This All-American City, of approximately 2.5 square miles, is a
diverse and dynamic municipality with just over ten thousand residents and is 98% built-
out. The City is presently working toward designation as a Tree City and to strengthen
its code related to the City's tree canopy. The overall project is described below in terms
of the U&CF Grant evaluation factors.
Demonstrated Need:
Storm Impact in the Project Area: The project area is .7 square miles representing
28% of the City of South Miami. The 2005 storm season, with its concomitant Category
I and Category 2 hurricane force winds, caused extensive damage within the City
resulting in 10,108.55 tons of debris removed thus far. Of this amount, 3,376.26 tons or
33.4 % was generated in the designated Phase I project area. It is estimated that the
canopy in the phase I area was the densest in the City by about fifteen percent (15%)
prior to being hit by the 2005 hurricanes.
Supporting Documents Included: Two maps of the Phase I project area show what
is estimated to be the hardest hit area in terms of canopy loss with the City limits. The
first map shows the parks, waterways and the Historic District. The second map shows
an aerial view of the area from 2004. In addition, photographs are included to provide a
sampling of the overwhelming damage within the project area caused by the 2005
hurricanes.
Well-Defined Goals and Objectives:
Measurable End Results of the Project:
1. In the project area, the tree inventory will be completed for all trees and palms on
public properties (streets, facilities, parks and waterways) by a Certified Axborist. The
deliverable is the GPS database and GIS mapping in a shape file format. Attributes to be
inventoried include the following:
• Common Name; Scientific Name; Classification: Native, Exotic, Invasive
• DBH (Diameter at Breast Height); Height; Condition Rating
• Site: Median, Swale, Park, ROW
• Property Features: Sidewalk, Signs, Utilities
• GPS Location to less than a meter accuracy & Date
2. Following the tree inventory data collection, 'a Management Plan including
management recommendations and data analysis is a deliverable.
Long-Term Management of the Project Area:
The City of South Miami is committed to protecting, preserving and restoring its tree
canopy as evidenced in the attached proposed amendment to the City's Land
Development Code which passed on first reading at the May Commission meeting.. in
addition, the City's Comprehensive Plan includes goals, objectives and policies related to
the City's tree canopy. The City's Public Works department has included a $25,000
budget item, for canopy restoration efforts, as part of the 2006-2007 Budget Process
currently underway within the City. The canopy restoration planning process will utilize
the management plan from this project.
Technical Correctness:
Supervision and Monitoring of the Project: This project design, scope, and phase
selection are under the jurisdiction of the City's Public Works Department and the City's
Arborist Doug Baker, who is ISA certified. The entity contracted to conduct the Tree
Inventory will provide a certified arborist to conduct the actual tree inventory.
Recognized Specifications and Standards to be Followed: The tree inventory will
be conducted according to ISA standards by a certified arborist utilizing an ISA certified
vendor. The integration of the Management Plan recommendations into future canopy
restoration efforts will be supervised by the City's Arborist Doug Baker, who is ISA
certified.
Cost-Effectiveness:
Sources of Cash, Labor, Materials, and Other Resources: The City of South
Miami is requesting $35,000 from Urban and Community Forestry Grant Program. The
funds will be matched by in-kind contributions from the City of at least $11,667.
Sources of Matching Resources: The matching resources are City staff and
overhead costs. The City's match may be greater to the extent staff contributions and
overhead exceed estimates herein contained.
Partnerships Contributing to Project Completion: The City of South Miami
welcomes the opportunity to partner with Florida Department of Agriculture and
Consumer Services, Division of Forestry on the inaugural City Tree Inventory-Phase I.
Documentation of Cost Figures Listed in the Budget Sheet: Cost for contractual
services are estimated based on proposal inquiries made by the City. It is the practice of
the City of South Miami to select the most cost-effective vendor from qualified
applicants. Labor rates are actual and all listed staff are current full-time City employees.
Overhead is 5% of the total project cost.
Tree City USA Certification (current as of 2004): N/A
Tree City USA Growth Award (current as of 20041: N/A
Other Information to Support Approval of this Project: Visibility of the project: All
the trees and palms to be inventoried are located along streets, waterways and in City
parks; the entire area experiences significant pedestrian, auto and marine traffic. This
project is a cornerstone for the canopy restoration planning efforts in the City.
NOTE: This format will also serve as the Proposal Evaluation Sheet
g*
.VIBIT 13,
BID NUMBER: RFPIDF-05106-123OPENING DATE: July 14, 2006 @ 2:
oil" Q
Activity: City Tree Inventory Phase I
Specific Description: .7 sq mile N of US 1 surrounding Twin Lakes and Brewer Canal
SUMMARY OF COSTS
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (1)
Total Matching Costs (11)
Total Program Costs (111)
(A 75/25 match on behalf of the proposer is required).
Requested Grant $ Local Match $
1 11
Add columns I and II for total I I I (100%
35.000
0
0
0
0
0
0
0
35,000
46,667.00
100%
0
9,343.73
0
0
0
0
0
2,323.27
11,667.00
75 % Grant request 25 %Local match
A budget, detailing all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type)(compiete where applicable)
County Miami-Dade
Describe the Specific Location of the Project: An area within the City of South Miami.
PL, bordered on the youth by U.S. Highwqy 1; on the West by Ludlam Rd (S .W. 6
Avenue); on the East by S.W. 62 Avenue; and on the North by Miller Rd (S .W. 56
Street).
Who has Responsibility for Overseeing Project Implementation (name and title)?
Rudy de la Torre, Maintenance Operations Manager
Who has Maintenance Responsibility for the Project after Completion?
Rudy de la Torre, Maintenance Operations Manager
Is the Land Ownership Public or Private?: Public
Name of Landowner: City of South Miami
Project Title: City Tree Inventory Phase I
Applicant Name: City of South Miami
5=11IIIIIII Ili! •
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists
all anticipated expenditures and explains all project costs. Proposals for site specific
demonstration tree planting projects must list the quantity, species, and approximate
size (container size, or caliper and height) of trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM
WILL BE RULED INELIGIBLE
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
M
M
M
M
Contractual
(Description)
Inventory
8,000
$4/each
32,000
Management Plan
& Date Analysis
I Plan
$3,000
3,000
SUBTOTAL
35,000
Personnel
(list titles or
positions)
Doug Baker,
Supervision,
3 5.29/hr
4,235.30
Certified Arborist
Planning
Landscape
Maintenance
120 Hours
Supervisor
Donald Benjamin
Supervision
26.70/hr
1,821.31
Landscape
66 Hours
Maintenance
Supervisor
Rudy de la Torre
Maintenance
Supervision,
41.08/hr
1,643.17
Operations Manager
Planning
40 Hours
Slaven Kobola
Management Plan
41.10/hr
1,643.95
GIS Coordinator
Integration and
Mapping 40 Hours
SUBTOTAL
$ 9,343.73
BID NUMBER: RFP/DF-05/06-123OPENING DATE: July 14, 2006 @ 2:00 P.M.
Travel
N/A
SUBTOTAL
Equipment
N/A
(list items)
SUBTOTAL
Supplies*
N/A
(list items)
SUBTOTAL
Operating Costs
N/A
(list)
SUBTOTAI,
BID NUMBER: RFPIDF-05106-123OPENING DATE: July 14, 2006 @ 2:00 P.M.
Trees
(list species and
size)
N/A
SUBTOTAL
Overhead**
2,323.27
Total
35,000
11,667.00
Grant dollars may not be used to purchase food as supplies.
Overhead costs up to 5% of total project cost may only be used as a matching
cost, grant funds may not be used for overhead costs.