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Res. No. 216-06-12357RESOLUTION NO. 216-06-12357 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT OF $35,000 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS FOR PHASE I OF THE INAUGURAL CITY TREE INVENTORY; PROVIDING AN EFFECTIVE DATE. 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 OF 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 of - '2006. ATTEST: Y CLERK READ AND APPROVED AS TO FORM: CI TORNEY APPROVED: 1 •t Commission Votk,,/ 4-0 Mayor Feliu: Yea Vice Mayor Wiscombe: absent Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea To: Via: From: South Miami The Honorable Mayor Feliu and Members of the City Commission Yvonne S. McKinley, City Manager Julie L. Dalzell Grants Administrator Date: November 28, 2006 Agenda Item No: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT MEMORANDUM OF AGREEMENT OF $35,000 WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS FOR PHASE I OF THE INAUGURAL CITY TREE INVENTORY; PROVIDING AN EFFECTIVE DATE. Request: Authorization for the City Manager to execute an Agreement with the Florida Department of Agriculture and Consumer Affairs for Phase 1 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. 67ffi 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 URBAN AND COMMUNITY FORESTRY (U &CF) GRANT MEMORANDUM OF AGREEMENT 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. NIA, dated NIA, 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 $4_6,667 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 on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a 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 (Subrecipient) prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. 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. H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 30, 2008. The Entity (Subrecipient) 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. All products (brochures, 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, provides that agencies 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 amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488 -2020 or Purchasing Office at (850) 488 -7552. Invoices returned to an Entity (Subrecipient) 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 or other compensation for services or expenses shall be submitted in detail 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 112.061, Florida Statutes. All approved travel expenditures must be submitted on a State travel form (see Attachment F). Purchases of $2,500 to $25,000 shall be carried out documenting two or more 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 award or for an award 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 (Subrecipients) who may be experiencing problems in obtaining timely payment(s) 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 of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. B. By the Department, if the Entity (Subrecipient) 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. In the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Entity (Subrecipient). It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual 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 Services). 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 examinati6n 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 $000,000 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 210.97, 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). 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(d), 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 10�' 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, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301 -4946, telephone number (850) 487 -1471 and fax number (850) 656 -0168. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes, and for the 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 this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available Products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28' Street, North, St. Petersburg, Florida 33716, telephone number (727) 572 -1987. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, 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, or consultant under an 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 for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the employment of unauthorized aliens by any Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and 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 a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on 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 claim, action, neglect or omission by the Entity (Subrecipient) 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 Entity (Subrecipient) nor any of its sub- contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. In 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 or requirements in these documents, the provisions of the document(s) prepared by the 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 or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, 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 or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R -8 Tallahassee, Florida 32399 -1650 All notices, demands, requests or other instruments to the Entity (Subrecipient) shall be addressed to: Ms. Julie Dalzell City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SE VICES Signa�re A DACS -01085 Rev. 08106 CONTRACTOR nature Lzdk� 11;n Title 11- 30 -0& Date FEID Number of Social Security Number EXHIBIT - 2 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 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 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 prot rq am 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 proiect and show total state financial assistance awarded that is sub ect to Section 215.97 Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) — $ (amount) DACS -01085 Rev. 08106 DFS -A2 -CL July 2005 Rule 691- 5.006, FAC COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO 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 Circular A -133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DACS -D1085 Rev. 08106 IFS -A2 -CL July 2005 Rule 691- 5.006, FAC ATTACHMENT G Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY FORESTRY GRANT PROGRAM 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: RFPIDF- 05106 -123 OPENING DATE: JULY 94, 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 delemilne 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 Pan 82, `New Restrictions on Lobbying,' and 34 CFR Part 85, `Government -wide Debarment and Suspension (Nonprocurement) and Govemment -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 officar 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 raking 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 grantor 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 subrecipients 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 depa€lment 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, mating false statements, or receiving stolen property, 29 (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 rnore public transaction (Federal, State, or local) terminated for cause or detault. 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 Woigelam Act of 1 gee, 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 it 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 erployees for drug abuse violations occurring in the workplace; (c) Mating it a requirement that each employee to be engaged in the performanoe 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 -06106 -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 oonvidion. Employers of convicted employees must provide notice, including position tilde, to- Director. Grants Policy and Overslght 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 numbers) 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) Taldng appropriate personnel action against such an em- ployee, up to and including temunatton, consistent with the requirements of the Rehabilitation Act or 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) Mating a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c). fd), (e), and (f). B. The grantee may insert in the space provided balow 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 [ ] 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 or a controlled substance in conducting any activity with the grant; and B- If convicted of a ctindrial 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, [o_ 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 authored representatnre of the applicant. I hereby certify that the applicant will comply with the above Certifications. NAME OF APPLICANT PRIAWARD NUMBER AND f OR PROJECT NAME City of South Miami City Tree Inventory -Ph PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Yvonne Soler - McKinley, City Manager SIgNATURE DATE f July 12, 2006 80 -0013 V 12198 30 BID NUMBER: RFP /DF- 05106- 123OPENING DATE: July 14, 2006 @ 2XE . I®IT ATTACHMENT D 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 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 -I 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 Mankger Signature: Date: July 12, 2006 BID NUMBER: RFPIDF- 0 510 6- 1 2 3OPENING 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 reap 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 Obiectives. 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 Arborist. 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 BID NUMBER: RFPIDF- 05106- 123OPENING DATE. July 14, 2006 @ 2:00 P.M. 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 2004): N/A Other Information to SupRort 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 BID NUMBER: RFPIDF- 05 /06- 123OPENING DATE: July 14, 2006 @ 2:NV �¢� ATTACHMENT E BUDGET Activity:_ _ City Tree Inventor +Phase I Specific Description: .7 so mile N of US 'I 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 ([I) Total Program Costs (111) (A 75125 match on behalf of the proposer is required). Requested Grant $ Local Match $ l 11 35,000 0 0 9,343.73 0 0 0 0 0 0 0 0 0 0 0 _ 2.323.27 35.000 Add columns I and 11 for total 11[ (100 %) 75 % Grant request $ 11 667.04 46 667.00 100% 25 A bud-get, detailin all costs identified above must be attached. %Local match PROJECT LOCATION INFORMATION (Please Print or Type)(complete where applicable) County Miami -Dade Describe the Specific Location of the Project: An area within the City of South l FL bordered on the South by U.S. Hi hwa 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 BID NUMBER: RFP /DF- 05106- 1230PENING DATE: July 14, 2006 a@ 2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which fists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must fist 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 Contractual (Description) Inventory 18,o00 Management Plan 1 Plan & Date Analysis SUBTOTAL Personnel (list titles or positions) Doug Baker, Certified Arborist Landscape Maintenance Supervisor Donald Benjamin Landscape Maintenance Supervisor Rudy de la Torre Maintenance Operations Manager Siaven Kobola GfS Coordinator SUBTOTAL Supervision, Planning 120 Hours Supervision 66 Hours Supervision, Planning 40 Hours Management Plan Integration and Mapping 40 Hours $4/each $3,000 13 5.29/hr 26.70/hr [111002M 41.10/hr 32,000 3,000 35,000 4,235.30 1,821.31 1,643.17 1 1,643.95 $ 9,343.73 BID NUMBER: RFP /DF- 05/06- 123OPENING DATE: July 14, 2006 @ 2 :00 P.M. BID NUMBER: RFPIDF- 05106- 123OPENING DATE: July 14, 2006 @ 2:00 P.M. Trees (fist species and size) NIA 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.