HomeMy WebLinkAboutR-05-19
RESOLUTION NO. R-05-19
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, EXPRESSSING SUPPORT FOR THE CITY MANAGER TO ENTER
INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF
AGREEMENT & MAINTENANCE AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY, IF IT IS AWARDED; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, trees are an important part of our community as evidenced by our Tree and
Landscape Advisory Board commitment to the City of Sebastian; and
WHEREAS, the City of Sebastian desires to apply for an Urban and Community Forestry
Grant which would provide monies in which to help restore trees lost during Hurricanes Frances and
Jeanne in 2004; and
WHEREAS, the City of Sebastian wishes to express its support for the City Manager to enter
into an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance
Agreement between the City of Sebastian and the Florida Department of Agriculture and Consumer
Services, if it is awarded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS:
Section 1. The City Council hereby expresses its support and authorizes the City Manager
to enter into an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance
Agreement between the City of Sebastian, Florida and the Florida Department of Agriculture and
Consumer Services, if it is awarded to the City of Sebastian; and will appropriate the required
matching funds.
Section 3. Conflicts. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 4. Effective Date. This resolution shall take effect immediately upon its adoption.
A motion to adopt the foregoing Resolution was made by Council Member Coy
The motion was seconded by Council Member Mon i e r and, upon being put to a vote,
the vote was as follows:
Mayor Nathan McCollum
Vice Mayor Brian Burkeen
Council Member Lisanne Monier
Council Member Andrea Coy
Council Member Sal Neglia
aye
aye
aye
aye
absent
The Mayor thereupon declared this Resolution duly passed and adopted this 22"d day of
June, 2005.
~T: (?'>>J-
CI~LORIDA
By'
Natlian B. McCollum, Mayor
~
Approved as to form and legality for
reli ce the City of Sebastian only:
Ric
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EXHIBIT 1
FDACS CONTRACT # 1
!
010461
URBAN AND COMMUNITY FORESTRY (U&CF)
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the 7 t h day of No v e m be r ,20 0 5 by
and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, an agency of the State of Florida, hereinafter called the "Department" and the Citv of
Sebastian, hereinafter called the Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and
community forestry by granting funds to the Entity (Subrecipient) for the purpose as outlined in grant
application Number 05H-146, 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 Department has awarded the Entity (Subrecipient) an urban forestry grant for
the specific project set forth in the U&CF Grant Application Number 05H-146, hereinafter the "project";
WHEREAS, the Entity (Subrecipient) by Resolution No. R-05-19, dated June 22. 2005, has
indicated its support of the grant application and authorized its officers to execute this Agreement on its
behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in
the U&CF Grant application and the need for entering into an agreement designating and setting forth
the responsibilities of each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other,
the parties covenant and agree as follows:
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 effective date of this agreement is
June 22
,20 05
C. The Entity (Subrecipient) shall complete the project by September 30, 2007 as set forth
in the Urban and Community Forestry Grant Application Number 05H-146 approved by
the Department on September 2, 2005, during which time the grant shall continue" in
effect. Criteria for the project is set forth therein. The final date by which such criteria
must be met for completion of this agreement is September 30,2007.
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.
D. The Entity (Subrecipient) has estimated the project cost to be $49,540 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 $37.140 or seventy five percent
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(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 incurred as of October 13, 2004, are
eligible for reimbursement. Project costs for which the applicant has already received
reimbursement from any other source are not eligible for funding under this grant.
FEMA or other federal funds can not be used to match funding received under this grant.
To assist the Entity (Subrecipient) with the initial three (3) months of implementation, the
Department may make an advance of no more than 25 percent of the grant award. The
Entity (Subrecipient) must request the advance payment in writing using forms provided
by the Department. Funds provided as an advance payment must be placed in a non-
interest bearing account. Only one advance payment will be made; thereafter,
disbursements will be made on a reimbursement basis.
No more than 75 percent of the Grant Amount will be paid to the Entity (Subrecipient)
prior to Certification of Acceptance by the Department. The final payment shall not be
made until Certification of Acceptance is received from the Department. For installed
plant materials, a sixty (60) day grow-in-period will be required after project completion.
Certification of Acceptance by the Department may be requested sixty (60) days after
project completion. Upon receipt of the Certification of Acceptance, the Entity
(Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must
submit the final claim for reimbursement to the Department on or before
November 15, 2007.
(1) 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.
(2) 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, and bills for travel
expenses specifically authorized by this Agreement shall be submitted and paid
in accordance with the rates specified in Section 112.061, Florida Statutes.
(3) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of
this Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request.
Records of costs incurred include all records of the costs of the Entity
(Subrecipient) and subcontractors considered necessary by the Department for a
proper audit of the project.
(4) 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 contract to provide
any 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 be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a.
contract 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
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Statutes, for CATEGORY TWO, for a period of 36 months from the date of being
placed on the convicted vendor list.
(5) The CONTRACTOR is informed that an entity or affiliate who has been placed on
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 a 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 .
E. 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.
F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project
accomplishments quarterly (December 31, 2005, March 31, 2006, June 30, 2006 and
September 30, 2006) and a final report summarizing project accomplishments as a
prerequisite to final acceptance by the Department. Failure to submit a required report
or submission of an unsatisfactory report is sufficient grounds for termination of this
agreement according to the provisions of Section 7(b). The Entity (Subrecipient) upon
project completion shall submit a news release to local newspaper media highlighting
the successes of the project.
G. This Agreement may be terminated under anyone of the following conditions:
(1) 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.
(2) 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.
(3) By either party following sixty (60) calendar days written notice.
(4) By both parties following the complete execution by both parties of an agreement
to terminate this Agreement.
(5) Notice to Entity (Subrecipient): The Department shall consider the employment
by any Entity (Subrecipient) of unauthorized aliens a violation of section 274A(e)
of the Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this agreement.
H. Notwithstanding any provision of this Agreement to the contrary but subject to
Subparagraph 7(b), 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
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(Subrecipient) a percentage of the Grant amount equal to the percentage of the project's
completion.
I. 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.
J. 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.
K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded for
participation in this grant program by any Federal department or agency.
L. This Agreement, together with any Maintenance Agreement, if executed, embodies the
entire agreement and understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to the subject matter
hereof that are not superseded hereby.
M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in
whole or in part without the expressed written consent of the Department.
N. This Agreement, regardless of where executed, shall be governed by and construed in
accordance with the laws of the State of Florida.
O. All notices, demands, requests or other instruments shall be given by depositing the
same in the U.S. Mail, postage prepaid, registered or certified with return receipt
requested, or by telex (FAX) or telegram:
(1) If to the Department, address to Program Coordinator, 3125 Conner Boulevard,
Suite R-8, Forest Management Bureau, Tallahassee, Florida 32399-1650 or at
such other address the Department may from time to time designate by written
notice to the Entity (Subrecipient);
(2) If to the Entity (Subrecipient) addressed to:
Mr. Alfred Minner
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
or at such other address as the Entity (Subrecipient) from time to time designates
by written notice to the Department. All time limits provided hereunder shall run
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from the date of receipt of all mailed notices, demands, requests and other
instruments, or from the date telexed or faxed.
P. Time is of the essence of this agreement.
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 G 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 Executive Office of the Governor, rules of
the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In
determining the state financial assistance expended in its fiscal year, the Recipient shall
consider all sources of state financial assistance, including state funds received from this
Department resource, except that state financial assistance received by a Nonstate
entity for federal financial assistance and state matching requirements shall be excluded
from consideration.
C. Audits conducted pursuant to ~ection 215.97, F.S., shall be: (1) performed annually, and
(2) conducted by an independent auditor in accordance with auditing standards as
stated in 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 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.
F. Each state awarding agency shall:
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(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 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must,
prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of
Lobbying Activities, Standard Form LLL, is required, it may be obtained from the Department. All
disclosure forms as required by the Certification are attached. The Lobbying form must be completed
and returned to the Department.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this
agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the
latest version of Office and Management Budget Circular No. A-133 - Revised June 27,2003 (Audits of
States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above
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which would relate to the undersigned Entity (Subrecipient) are available for review at the following
address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial
assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state
or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in
accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local
Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all
federal sources, not just the amount provided by this agreement. The undersigned Entity
(Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of
Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipient's) books
for compliance with the above applicable circulars.
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
Division of Forestry.
Entities (Subrecipients) providing goods and services to the Department should be aware of the
following time frames. 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
which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation
errors will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the department.
A Vendor Ombudsman has been established within the Department of 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.
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.
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The Entity (Subrecipient) is informed that the Department shall consider the employment by an
Entity (Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement.
The contractor 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 WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
BY:
STATE OF FLORIDA
DEPARTMENT OF AGR CULTURE AND
COMV'C
k-
Division of Administration
ATTEST:
BY:
I(
<
TITLE:
Approved as to form and
reliance ~t~ City of
Rich Stringer, Cit
legality for
Sebastian only:
Attorney
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URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the 7 t h day of No v e m be r , 20 0 5 ,by
and between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, an agency of the State of Florida, hereinafter called the Department and the City of Sebastian,
hereinafter called the Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the principles of
urban and community forestry by granting funds to the Entity (Subrecipient) for the establishment of a
demonstration tree planting project as outlined in the Urban and Community Forestry grant application
Number 05H-146 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit
"1" and by reference made a part hereof;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry
grant for the improvements to the project property more particularly set forth in the Grant Agreement;
WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as
described in the Grant Application);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and
setting forth the responsibilities of each party in maintaining the project; and
WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and
authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other
herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows:
A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due
care in accordance with the below listed Project Standards for the property at the following
location:
City of Sebastian.
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better.
(2) Proper watering and proper fertilization of all trees/plants.
(3) Keeping trees/plants as free as practicable from disease and harmful insects;
(4) Proper mulching of trees and/or planting beds;
(5) Keeping the premises free of weeds;
(6) Mowing and/or cutting grasses to the proper length;
(7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees
or (ii) pruning such parts thereof which present a hazard;
(8) Removing and replacing dead or diseased trees/plants in their entirety, or removing
and replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C.
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or
part of the project that falls below Project Standards. In the event any part or parts of the
project, including all plants, must be removed and replaced for whatever reason, then they
shall be replaced with the same grade, size and specification as provided in the original
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plans for the project. Furthermore, the Entity (Subrecipient) shall keep litter removed from
the project area. The above named functions to be performed by the Entity (Subrecipient)
shall be subject to periodic inspections by the Department. It is the intent of the parties
hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity
(Subrecipient) shall be the owner of the planting and other installations included and
stipulated in the grant application comprising the project.
B. This Agreement may be terminated under anyone of the following conditions:
(1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this
Agreement or for refusal by the Entity (Subrecipient) to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with
this Agreement following reasonable written notice.
(2) By either party following sixty (60) calendar days written notice.
(3) By both parties following the complete execution by both parties of an agreement to
terminate this agreement.
C. The terms of this Agreement commence on the date of Certification of Acceptance and
continue for a period of three (3) years.
D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the
Entity (Subrecipient) shall refund to the Department a pro-rated portion of the grant award
based upon the following schedule:
(1) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent
of the grant award.
(2) If this agreement is terminated during the second year of this agreement, 50 percent
of the grant award.
(3) If this agreement is terminated during the third year of this agreement, 25 percent of
the grant award.
E. As applicable under 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.
F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of
Agreement, embodies the entire agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the
subject matter hereof that are not superseded hereby.
G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or
in part without the expressed written consent of the Department.
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H. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
I. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by
telex (FAX) or telegram:
If to the Department, addressed to Urban Forestry Program Coordinator, Forest
Management Bureau, 3125 Conner ~oulevard, Suite R, Tallahassee, Florida 32399-1650 or
at such other address the Department may from time to time designate by written notice to
the Entity (Subrecipient); and
If to the Entity (Subrecipient) addressed to:
Mr. Alfred Minner
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
or at such other address as the Entity (Subrecipient) from time to time designates by written
notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all mailed notices,
demands, requests and other instruments, or from the date telexed or faxed.
J. Time is of the essence of this agreement.
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 G 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 Executive Office of the Governor, rules of the Chief
Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state
financial assistance expended in its fiscal year, the Recipient shall consider all sources of
state financial assistance, including state funds received from this Department resource,
3
except that state financial assistance received by a Nonstate entity for federal financial
assistance and state matching requirements shall be excluded from consideration.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2)
conducted by an independent auditor in accordance with auditing standards as stated in
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 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. '
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 statements, Schedule of State
Financial Assistance, auditor's 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 Generals Office at the following address:
4
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement
hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of
Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local
Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate
to the undersigned Entity (Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building .
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in
a fiscal year, either directly from federal agencies or indirectly through other units of state or local
governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance
with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and
Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not
just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under
this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and
any federal agency to audit the Entity's (Subrecipients) books for compliance with the above applicable
circulars.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and
year first above written.
BY:
Sally . Maio,
City Clerk
City of Sebastian
BY:
w
c...
Title:
Ai Minner
City Mana2er
legality for
Sebastian only:
5
EXHIBIT C
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and underground
utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size
of planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc.
must be removed from the root ball before planting. All biodegradable material should be removed
from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from
extending above the soil surface where it can act as a wick and dry the surrounding soil.
If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of
wire be cut and removed after the root ball is set in the planting hole.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the
same deoth as the root ball.
Position the tree or palm in the center of the planting hole with the top of the root ball even with the
surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to
fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated
into the backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips,
bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the
tree or palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
C. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree diameter
increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
Stakes and ties should remain on the trees no longer that one year to avoid girdling.
6
D. Pruning
At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed.
Remove sucker sprouts from the base of the tree after planting.
Corrective/structural pruning can begin approximately one year after planting. Do not remove more
than 1/3 of the live crown during one growing season.
E. Watering
Establish a regular watering schedule and follow it. Slow deep watering is recommended.
Additional water may be needed during hot or dry periods.
As tree or palm growth progresses, be sure to water outward (away from the trunk) to the
surrounding soil area. This will promote the outward growth and spread of roots.
Various species of trees or palms and/or soil types may require varied degrees of watering. Soil
moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated
sites need to be monitored more closely.
F. Fertilizing
Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer
plugs/stakes are recommended.
Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the
tree or palm and any special nutrient requirements).
If micronutrient deficiencies are suspected, have a soil test completed and supplement the
fertilization program accordingly.
7
BID NUMBER: RFP/DF-04/05-99
ATTACHMENT C
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
CERTIFIC~TIONS .REGARDIN(31.0BBYlNG; QEBARMENt, SUSPENSIQN ;"NeOTHER
RESPONSIBiLITYMATrERS; AND DRUG-FREE WORKPlACEREQuiREMENlS .. .
AJ.,,~alltuhould referto.lhe rlJfl.Ultl1ii:4w dted .below Iodfll&lIIin& the .cerli!k:!Ilion to Wlllth they .are. required to atte$l.. Applicants
shoold. &roo .r'ilvlew~tiie:in&tR.iction5:iOr' certiiicatJoninaudlld in .1he:I'IlgiitaUOOsbefoi'eoomjilelirV.lt1istOmJ.SigrialUni- Of this.fOOn .
~8S JOt ~~wIIh .~cMiOI'l fllqtJIr~l1l$ WKlEit ;'34 CFRJ>art 82..'Ne~: Re$ltictloi1s orilobbytng,- 8nll34..c;:F~ Part 85;
'G.ovemrnet:!l"wide.Oeb.am1ent.a/lCl SIJ$P\lIlsion (N;:lnp.rocllfement) aoo.:G.ov$m)llllnl;-wide R$<!uirel11Qfll$ (Qr Drug:FfllIlWOIkpIaca
(\Srents): TI18 CiiltJflcal/OO$. shan be.ueatiid as ii rriiiterlill feprii5lintatiori d facllijxlilwhiCti reliance Will bu. placed .when .the
Oeparl/J1lmlol'Educatlon d919mines to. aWllrd the. OOIiQrlld.transildlon;. grant. a- .oooperaWQ sgrQQrnent.
1, LQBI;lYING
As requlred.i:ly Se.dbn 13S2".TiliIl31 ofilie U:S. Code. and
irrperyJ9ljf~ at:M.~ P8.~ 82. ror:P.8~ enterihg irlto:a
grant orlXqiiltaliVe agreetnentover $100,OOO..8s.deflnecl at
34 CFR P9Jt.82. "S1lcti.6J:\$82.1l!S andi!2:110. the ilppliCllnt
aertifi9S.: Iha,t .
(aHici Hoeral.alPDPria1ei:l furids. haile:l!eerq:iaid ot'WjJlbe
P.lIilt IW pron ~hal"d:~ UOO!lfJigned. W.aI}Ypersonfor.
I~ .ar:.llerrijJli:Ig to inlIiJeriileail dli.esr or :eiriPJd!eed
llIlYDgeJJI.'Y; aMarOlerd..<:av.ress,lIn oIIicar or lIf1ll1oYl1e:d
GOOgr~.:O!::an. e~ ~ ~ ~en:i1er of~re~ in
~.l)IIbn:wj\h U'i!l1'Tlllf(!ng ci! .lIny I' ede~a\ grallt .lhe -!IJ$.ting.
1m d arPj ixicipOrative :llQI'eliri1lm\. lind the eXtili1$KliI. oonliniJ..
lIIklrT. renewal. .arneoomeTtt, OF modlflcatlon iii any Federal
grant-or: ooopera1!v.4l agreemenl:.
(b). II. any fuJllls .otheJ1ban Federal.a~llted fUJJ.d6 have
bliim paid: or willb&. p8Kt 10 any person fridnflurmdng.or
all~ lli.lrifIuenca 81i o1IlCai:-or eilliblea 'f1~ny llfIeitGy. a
Me~r.d..Congr~s. iIn.dfIeet cw ell1iloYee 6fCOl'igreu, or
110 e~.ct-~'Men1l8rotCPngr8S:S in..oonnection \.Y(th ~i$
F.ederal granlor oooperaliv.e:egr!l9ffi9l]t.1heul]dersignedshall
c'xxqlJetll:and sUbmtStandaitl.Form - lLL, 'D1mosurll.Formto
Re)lOlt lobflyIng:.in..atrordanatWitft.ils instrudionS:
(~"'1i8 uriderllgned shan r8quirii.thatthe.larigiJ~.bnhis
certillcatlon.l1a.iriduded.1n tfIe swarll. docurnei1lS for :all
sl.ll>llWf!/dS ahia .~ fmcludiog $lJiigr.anis; oonira[is Ul'lder
gri!n!J i!11ll~~.~eemerjts. i!1]d:slJboontra~J !lrtd.
thllt aIf"SUbrel;i(ilIl~ stilill ~: IInQ d'~l!:aQix:!rdil'JQlY.
2: D.EBARMfNTi.SUSPE~ION..ANOOTHER
~:e$l"ON$IEllllrv MA T1'ERS. ....
Al!.required.l>y~e!llltiVeQ~er 12&49: D.ebarlTl9f1l;al1l:l
Stisponsfcili..:ahd iirpemetJfecJ at 34 CFR Part 85..for prospec-
tive: pedlcip8nts in primary lXlY.eTBd trarnlaclions. as defimld. al.
34~RPalt.85, .Sectilns SS.105.aoo 8(;;HU...
fl.; thllajlpli~~l1ifil!sUiatirlil\r;ljts pdncipals:
(a).Are:OOt p.jIs8ituy:d~barred. suspailcied: jlropdsBd tb1:
dQbarrTlllJil.. dettal'.ed lneliglblll.. at VOIuntllrily ilXCIOOlld from
a;lVer.ed..tr!l~~s ~y 1Ii1y.F9!Jl!~1 d~partinentor 8Ql!ncy:
(1'i).H8Vl1:00t witliin :aUiTil9-year .JieOOd precoding thisapPIica-
~ b~~ tmIIIcted Of:Or. .had ~Ii.dvn jLll:lglllllllntriindarll(f .
!Illll!J:l$t 1J:len,:fqr ~s~19n Cif.ftlllJ',i or.ll:.criminallJlfenlfe In.
ooRneditln '4ItIh' obtali1ilig~al1errptir~f to obtliin,br peifliri'iing a
pubHn:(FlKf9n!J. .Slatll. or 1oca~.transaclklr".Or roritrad. uoo.er a.
pubic. tran.~; vIoIatiorl tirF,ed8ral.orSiil~ aniitrul!f
sta.~'ilr' ~Ion.Cll:ll~_ment. theft, forgery.
Iirilioty :ralsilicatior1 or desttudibri '01 rl!rordS; making. false
slalAlments, 91' recalv.llJJ sloJlIn:prpjJ!lqy;: ..
Cc} AT&. .l)Oi.pr9S9!ltI.Y.1ndi<<ed Jor Qf olI'!OlWlse ~ Q!" <;iviIIy
Jtiargl!d. by .ligiii(iimrnetJf$l olililY .CF.edilraJ..Stille;. tir,.locaij.wlltr
IXll'IJiIssion or-any of.!he or;QRl!"BS enumerated In pa~agra~.
(2}(b) oflhii>certific:a~iorr: ~nd
Cd) HaVl!not:willjin Ilthr9lM'1Il1r period preClldl"l1g Ihls. applica1lon
had one or. FrDre: public transadion (Federal. Slate. or .lociIl)
1Al11'l1n1lted for eause .at default; aM
B. W~l!re lbe. appliC$nt i$Unlilbla iocertiiy 1o.al'!Y Of t!1e$1aie-
r1ients irithis eertificati6ri. he or .she shall.al1ad1 en
llXpIanalioir to this applicatiOn~:. ... ..
3~ [jRuQ.~F~.E WORKPJ.AC~
. (GRANTEgs6TH~R THAN. iNDIVIDUALS)
M requir!ldbyiheDll.IlfFree ~6rkJj80llAd:d r9&8. BI'J.d
ilJlllllmented .at 3.4 CFR Part 85.. SUbPart F; fOr grantees. -as
tlefl.nild:.at 34 CFR Part.8S; SlIctions 85..605 aoo.85.610 _.
A. Thil ilpplicaritcatlifiesthal l'wllror.wlll OOnlilluQ:lOpfovidli-a
drug-frea "YlorJq:llace by.:
(lit). PlIIilishihg alf1ate~nloo1ifYing.!llipbyees UiatJlie unlawful
iiliinl.lfaaurli. diSlribuIloh..dispjiri$ilig..possessiOri; or.uS!l:dli ....
QJOIfolk!d .substance is. PJQhi6ltlld iirihe grantoe~s.~CIl ri.
sped.lying thlla~.that ",n be biialllllQainst 8fIllIoYee~ klf
viOIaliot1 Of su~ pItlhibltioo;:
~) Eslablishing an <l(l,Q(iing drug:free Ilwarao8Ss. program 10-
irifoi1i111nllloYiieSaboUl
(1) ThedanggfS oj<:lrug:a~se In the wotkpIac:a:
(2) The '9rilntea~s p:>1icy d tneintalniilQ.9 druwfrell:wPrkP.ISG8;
(3) Any !lv8i1able~rug QJ\.mseiiqg, re/18bilitatiQrJ. !!nd:.employell
assistimco ~[ilms: aOO
(4poopetlaJ&s thllt maY.1>e ~!.'d:uponeflllloY.llG$Jt.~!lru'J
abuse Violatiol1s 06wrrirg In the: workplace-;
(e) M~ng it.arl!quirllrn!ln( UJat aad1.lImp1oyelllo tie .engag~ in
trill i:>er1ciri1ai1:ce dtrie.gl'9nt be.giVen :a~:d the statimiarlt
required bypQr~r8p/l (.a);
(d) NotifYing the emplOylle .in Ifill stat8fTlllI'Il regliir9(f by. para;
OraPh: (aj.that a:8" .a: funditiQri or ~nfiJnder:(he .gninttrie
9"1J1OY98W1U: . . ..
(1). Abide I)ythe lerrn5of"thll stiltainerit; and
(2) NQijrylhliQlllJioyer in. wiitlng Of: his <If her ~CtiOfl:tor a
vl9I~1ion 9f a. a1tninal CIrUg . stal1lle octurrillg III Ute 'WOrIqJIli~ ilo
hiter: thilrr fIVe .d8lenclar' days .sftiir :suCh aliMdioi1:
29
BID NUMBER: RFP/DF-04/05-99
(e)- Notifying the ag~, in writing. withi.n 10 allllndW dli.ynfler
rllCalving:notlce u~t sullparagrap/l (d)(2)- fTomilll empby~Qf.
ciliierWisQ reaal\lUiQ: 8duaJ ricittOa. of sud:i: OOiTvllibJi ErnP/ciyeii
ot.lQMCted 8~llS iru6t:plOIIkle:notItie..ind\KIing~..
1iIIe, to:.DiredDr, GrarU Pt;llicy.and OvelSight Statt; u.s. Depart-
ment dEdueliliaJ. 400 ~and.Avanue. S:W.(ROom36S2",.
GsA Regional Ollli>> BuildlrV No.3);WasblriQim. DC 20202-,
<4248. ~ 5haIJ IlllOle \he idllntlfk:stion lIlinDer(s1 (If eadl
alfedlld.gnmt:: .:
(I) T ~ '*!e:ot the foIIaMfIg .Qdions... \'!ilI'Iih ~O. ca\elldar..lIays tI
t,,~Mng ~ und8r ~~lV:apb (d)-(2). with r.esp8<i tollny
ert1Jbf~iI:wbcili.-o ~d8d:
(1) 1~ ~. peI'llQI1n~' ac;tk:n agl!inslSU!=h an 1l!Tl-
P.k7f8e,l!P:to:and indi!dIiIg t~l!IiQn.. ~ste~WiIh lIie.
r9!luitemei1lS:cf 1he- RehabiIllaIkin.Ad Of 1913~.iJs amended;:or
(;I) ~ $I,IdI..!II11lIoyee ~par!icipale salisfacliJrjly II! l!:<!fU9
atillS8 BSSist8iic8' Or rehabIIlI8lioO program ilpj:irOVed b slidJ
ptlrpOses by.,. FlIdead, atabl. o.r IQl:llI :heallh,llIw.el)foroeltlllnl; or
~m: a.ppr6prial!! ..&g4lnClf:
(g) Maldro: ~ 0QQd. faWl l!IfQrt. to lXlnti/lue to Il'laintaln .,. .
iliug-tr.ee 'wQrkpIllC)8 #utIugh implementlllion. cif paragraphs
la);.(il);(C), (d),. (I): 8nd (I).
If. The gnmlee rnay.inssrt: In the .spaal provIdlld belaw.lbl site(s)
tor thll :JllIIlaJrlllnoli oJ \wJrk. t;ione: in IlOIlneClion. Wilh the .speaflc .
granli
Place e( P.~1l9 :(Street llljOrllSS. lily; lnInly; .state.Zip
lriijii)
~~ E: 1 ifth;re:lIre.wotkplaC8S on .filli thai are I'Iot iilenlillEKl
here:
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ORUG:-FREE.WORKPLAG=E
(GRANTEES WItQARE INDIVIOI1ALSJ
~ reqOited:by. the. DfUg-Fflle WdrkplaceAifot 1988, and
i~eJii9l)llid ilt :~4 CFR Pal'!"85, SUbpart. F, torg~el'!lee$ ,: lis
deflhed at ~ CFR Partll!;.. SQClIOns ~:6~ lln/;lll5:6~0:-
A: As:a c'rkltllti(KH1flhilgtSIlI, '.C9t'lify.thaq.d Ill~~.lnlhe
unlawfl,1I mam.!factu~!l. dilitrlbolioo.. <!iSpensing.. pos8ess~. cr-
USl! O! a<Xlnlrolle.d subst~ in. oonducting.any ~~.WiIh :the
!}fail!; arid .
e; ":~ctil!:!O! a.l;rl~nal!lrug.ClIf8~!l r~uliirJg:flrol.a
violallOri.Occuriing.dtiring llili oonductd any lirarit IldMty, f.WiIl
(efl.Qlt the oonvJ<:liol1. inwti\ing; ~1l.1!lQil9l'l<fllr d~:d \lie
~,.l.o:. OiJe(tor.. Gram: PQliw. and.~ISIght.SI8IJ.:
Oiii>artirientof EdullllP, 4110 Maryl8lidAvenue,:S.W. tRWm
3652: GSA R\lQIQnill Office ~ NQ; 3): WashiiJgtQjI,. ~
202U2"~48. NoUc.e. shalUnaude.the ldentifi.caIIon.numller(s):tlf
eadl. affected:glllrit:
As the 4;luJy ~ed feprll$l!l!!iwvo of the applipant. I hllr!lI\Ycer!iiy itJai ll!e.appJlcanl wiu Q;llT"P.yWil!l:i!JII ~bov!l pa~!ioos.
NAME.OF I\P.PLICANT-
City of Sebastian
PRINTED NAME AND TITLE- OF. AUTHORIZED REPRESENTATIVE
.PRfAWARONUMBERAND:I OR.PROJECT w.ME
{
City Manager
PATiO.
7./?J o=r
:l2198
30
EXHIB,I'T A
BID NUMBER: RFP/DF-04/05.99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT D
2005 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 thirty (30) one sided pages, including attachments.
All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 1/2" X 11". 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., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 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:
Sebastian Urban Forestry Hurricane Recovery
Proposer Name: City of Sebastian
Name and Title of Contact Person: Alfred Minner, City Manager
Address:
1225 Main Street Sebastian, Florida
Zip:
32958
Phone:( 772 ) 388-8200
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No XX
FEID Number
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.
Title:
..
Alfred Minner
City Manager
Date: 7f?>/o:;-
31
CDYOf
SEBAST~
~411;- ~
HOME OF PELICAN ISlAND
1225 MAIN STREET · SEBASTIAN. FLORIDA 32958
TELEPHONE: (772) 589-5330 . FAX (772) 589-5570
PROJECT DESCRIPTION
2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND
COMMUNITY FORESTRY GRANT PROGRAM
The City of Sebastian is requesting a $50,000 Grant from the Urban and Community
Forestry Grant program. Grant and budgeted funds will be appropriated to replant trees
in damaged areas.
Sebastian is a tree friendly community located along the Indian River with a population
of22,000. Since 199?,_ ~ebastian has ha~ a Tree and Landscape advisory board that
meets monthly and conducts an Arbor Day Celebration each year. Recently an
Environmental advisory Board has started and begun monthly meetings.
Demonstrated Need: Because of Category 2 and 3 Hurricane Force winds received
during Hurricanes Frances and Jeanne, the City lost numerous trees of all sizes. The
City would like to increase the tree canopy damaged by storms in the Medians, Parks,
and Cemetery. Airport and Golf Course. 200 trees will need to be replaced.
Well-Defined Goals and Obiectives: The City budgets every year to add trees to
Parks, Cemetery, Medians, Airport and Golf Course. The hurricanes destroyed many
trees we planted and many large trees that Mother Nature planted. Under this grant, 200
trees will be planted in different areas of the City.
Technical Correctness: The trees species listed in the budget section are either native
to the immediate area, or have been successfully grown here for decades and have
proven not to be invasive. An irrigation system exists in the medians and the City water
truck will water all new trees on a regular basis until all trees are established.
Cost Effectiveness: The City will conduct competitive sealed bid process to purchase
trees.
Tree City U.S.A. The City of Sebastian was a certified Tree City USA from 1996 until
2002 and is working to obtain certification again this year.
Visibility ofProiect: All trees planted under this project are located along City streets
with heavy pedestrian and vehicular traffic.
EXHIBIT B .
BID NUMBER: RFP/DF-04I05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT E
BUDGET
Activity:
Replacement Plantings
Specific Description: Tree plantings at Cemetery, Sports Complex,
Aiz:port, Golf Course, Parks and Medians
SUMMARY OF COSTS (A 75/25 match on behalf of the proposer is required).
Requested Grant $ Local Match $
I II
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I)
Total Matching Costs (II)
Total Program Costs (III)
10,000
:l,509 2.lfoo
$
$
$
37, ::;06 37,1'10
37,500- 31,1'f-D
$
4't, 5Lf-D
12,500 12.,400
30,000
100%
Add columns I and II for total III (100%)
75 % Grant request
25
%Local match
A budaet. detailing all costs identified above must be attached.
County
Indian River
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
Describe the Specific Location of the Project: Sebast ian, Florida
Who has Responsibility for Overseeing Project Implementation (name and title)?
Chris McCarthy, Parks & Recreation Superintendent
Who has Maintenance Responsibility for the Project after Completion?
Chris McCarthy, Parks & Recreation Superintendent
Public
Name of Landowner:
Is the Land Ownership Public or Private?:
City of Sebastian
Project Title: Sebastian Urban Forestry Hurricane Recovery
Applicant Name:
City of Sebastian
33
l
BID NUMBER: RFP/DF-04I05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
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
(#) ($) ($) ($)
Contractual
(Description)
Personnel
(list titles or
positions)
Parks Supt. Planning
80 hrs. $29/hr $2,320
Maint.
Worker I (3) Installation
160 hrs. $16/hr $7,660
Travel
34
,
BID NUMBER: RFP/DF-Q4/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
EauiDment
(list items)
35
~1
BID NUMBER: RFP/DF-04I05.99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
SUDDlies*
(list items)
Fertilizer
Mulch
Staking $ ~. 3D/tree $2,500
12.00 2400
~
36
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Ooeratina Costs
(list)
Trees
(list species and
size)
Live Oak 50 - 65 gal. $250 $12,500
Crape Myrtle 50 - 65 gal. $180 $ 9,000
Red Cedar 30 - 65 gal. $180 $ 5,400
Wax Myrtle 30 - 65 gal. $160 $ 4,800
Red Maple 20 - 65 gal. $200 $ 4,000
Cabbage Palm ::xf- 12'- 14' $ 90 $ 1,800
I~ ,'+%
Overhead** *
Total $~7 , ~OO $12,500
*
31,''+0 ,~ 'taQ
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.
**
37
ATTACHMENT G
RESOLUTION NO. R-GS-19
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER .COUNTY,
FLORIDA, EXPRESSSING SUPPORT FOR THE CITY MANAGER TO ENTER
INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF
AGREEMENT & MAINTENANCE AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY, IF IT IS AWARDED; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, trees are an important part of our community as evidenced by our Tree and
Landscape Advisory Board commitment to the City of Sebastian; and
WHEREAS, the City of Sebastian desires to apply for an Urban and Community Forestry
Grant which would provide monies in which to help restore trees lost during Hurricanes Frances and
Jeanne in 2004; and
WHEREAS, the City of Sebastian wishes to express its support for the City Manager to enter
into an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance
Agreement between the City of Sebastian and the Florida Department of Agriculture and Consumer
Services, if it is awarded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS:
Section 1. The City Council hereby expresses its support and authorizes the City Manager
to enter into an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance
Agreement between the City of Sebastian, Florida and the Florida Department of Agriculture and
Consumer Services, if it is awarded to the City of Sebastian; and will appropriate the required
matching funds.
Section 3. Conflicts. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 4. Effective Date. This resolution shall take effect immediately upon its adoption.
A motion to adopt the foregoing Resolution was made by Council Member Coy
The motion was seconded by Council Member Moni e r and, upon being put to a vote,
the vote was as follows:
Mayor Nathan McCollum
Vice Mayor Brian Burkeen
Council Member Lisanne Monier
Council Member Andrea Coy
Council Member Sal Neglia
aye
aye
aye
aye
absent
The Mayor thereupon declared this Resolution duly passed and adopted this 2200 day of
June, 2005.
/~
C~LORIDA
By.
Natfian B. McCollum, Mayor
Approved as to form and legality for
reli ce the City of Sebastian only:
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