Loading...
HomeMy Public PortalAbout09-7909 Milagros Farm Nursery Sponsored by: City Manager RESOLUTION NO. 0 9-7 9 0 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE PAYMENT OF TWENTY FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($24,600.00) TO MILAGROS FARM NURSERY FOR THE PURCHASE, PLANTING AND WATERING OF TREES IN ACCORDANCE WITH THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR THE CITY OF OPA-LOCKA TREE PLANTING PROJECT, PAYABLE FROM ACCOUNT NO. 41-541340 WHEREAS, the City Commission of the City of Opa-locka ("City Commission") adopted Resolution 08-7259, authorizing the City Manager to apply for an Urban & Community Forestry Grant from the State of Florida Department of Agriculture and Consumer Services; and WHEREAS,the Florida Department of Agriculture and Consumer Services, Division of Forestry, awarded the City of Opa-locka ("City") Ten Thousand Dollars ($10,000.00) in grant funds allocated for tree planting under"Project Cleaner and Greener"; and WHEREAS, the City Commission adopted Resolution 08-7364, accepting an award of grant funds in the amount of Ten Thousand Dollars ($10,000.00) from the Florida Department of Agriculture and Consumer Services, Division of Forestry for tree planting under "Project Cleaner and Greener"; and WHEREAS, the City entered into and executed an agreement with Florida Department of Agriculture and Consumer Services, for acceptance of the Urban & Community Forestry grant award; and Resolution No. 0 9—7 9 0 9 WHEREAS, a requirement of the grant agreement is that the City purchase and maintain plant materials for a period of three (3) years; and WHEREAS, the City Commission desires to purchase the trees necessary to commence the tree planting project required by the grant; and WHEREAS, the City received three (3) written quotation from vendors for the purchase, planting and watering of trees, and Milagros Farm & Nursery provided the lowest priced quotation; and WHEREAS, the City Commission desires to authorize the purchase and planting of trees as required by the Urban and Community Forestry Grant. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to make a payment in the amount of Twenty Four Thousand Six Hundred Dollars ($24,600.00) to Milagros Farm Nursery for the purchase of trees in accordance with the Urban Forestry Grant Agreement between the City of Opa-locka and the State of Florida Department of Agriculture and Consumer Services, Division of Forestry, payable from Account No. 41-541340 and to take all necessary and expedient action to effectuate the intent of this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9 day of SEPTEMBER , 2009. F---■111110 S P L. ELLEY AYO ' Resolution No. 0 9—7 9 0 9 Attest: Approved as to form and legal sufficiency: r i Deb c: Irby Burnadette Nors-Weeks City Clerk City Attorney Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 0P-Ck4 COQ 't‘? \Op �RPO RA'E�/ Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner DI ' by Johnson Commissioner ' ose Tydus FROM: Bryan K. Finnie, 1' • City Manager DATE: Septembe RE: R: i tion Urban Forestry Phase II-Milagro Farm Nursery REQUES A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE PAYMENT OF TWENTY FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($24,600) TO MILAGROS FARM NURSERY FOR THE PURCHASE, INSTALLMENT AN WATERING OF TREES PAYABLE FROM ACCOUNT NUMBER 41541340, IN ACCORDANCE TO THE AGREEMENT BETWEEN THE CITY OF OPA- LOCKA AND THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR THE CITY OF OPA-LOCKA TREE PLANTING PROJECT AND TO ABIDE TO THE REQUIRED AGREEMENT FOR FUNDING OF THE URBAN FORESTRY PROGRAM. DESCRIPTION: This is a request for authorization to pay MILAGRO FARM NURSERY for the planting of eighty (80) trees as part of the Florida State Department of that were donated by Opa-locka businesses to continue to fund the city's Tree Planting/ Beautification project and to further complement the grant agreement between the City of Opa-locka and the Florida Department of Agriculture and Consumer Services, Division of Urban Forestry. FINANCIAL IMPACT: This is a budgeted item for fiscal year 2008-2009 for an amount of IMPLEMENTATION TIME LINE: The contractor will complete the project within 10 weeks of the executed contract. RECOMMENDATION(S): Staff recommends the City to enter into an agreement with Milagro Farm Nursery for phase II of the Florida State Urban Forestry Program. ANALYSIS: The City Commission of the City of Opa-locka authorized the City Manager on March 28, 2007, to apply for an Urban and Community Forestry Grant of up to $10,000 from the State of Florida Department of Agriculture and Consumer Services. Subsequently, the grant proposal of the City of Opa-locka was selected by the State of Florida Department of Agriculture and Consumer Services, Division of Forestry to receive a grant award in the amount of $10,000.00 with a 50% matching fund requirement. On August 12, 2009 staff reviewed written quotes from three purveyors and Milagro Farm Nursery was found the lowest bidder. The selection process was executed in accordance to the Department of Forestry contract agreement number 14430 between the City of Opa-locka and the Florida Department of Agriculture and Consumer Services, Division of Forestry, Urban and Community Forestry Grant. ATTACHMENT(S): 1.Resolution No. 08-7259 2.Resolution No. 08-7364 3. Itemized quotation from three vendors including Milagro Farm Nursery PREPARED BY: Octavien A. Spanner q - FaN. L':).:. 35 S'u V..+ l ( 7,4y421,-6453 s g '< .4“) yy Wqy., ma�,z$C.$ pc.2. Ut'"4,:_ I. y� ESTIMATE QTY PLANTS PRICE INST TOTAL 30 Cassias $75.00 $90.00 $4,950 20 Simarouba Gluauca $115.00 $120.00 $4,700 30 Green Buttonwood $75.00 $90.00 $4,950 1 Charge for Water ,Fertilizer , and Maintance $10,000 * For the first two months * Total =$ 24,600.00 *All insurance policy can be mail or fax if is requested. * 1 f /II Danny Landscaping 7801 Coral Way Suite 124 Miami Fl 33155 Phone # 305-790-7837 To: Octavien Spanner Re: Price quote for Opa-locka Date: August 7, 2009 Re: Opa-locka Tree Planting As per our telephone conversation the following represents the prices for your tree planting project. QTY Plants or Trees Price Install Total 20 Cassias $140 $150 5,800.00 20 Simarouba Gluauca $140 $150 5,800.00 20 Green Buttomwood $140 $150 5,800.00 1 *Charge for watering Plants for two months * 10,500.00 Total = $27,900.00 For additional information concerning the prices listed above, please feel free to contact Danny Rodriguez. Prices listed are only valid during a 60 days period. Sundance Nursery Ft « 3187 Price Estimate for the City of Opa-locka Octaviano Espanner Planning & Community Development Director Tel: 305-953-2868 Ext. 1503 Quantity Tree Type Price Installation Total 22 Cassias $100.00 $125.00 $6,750.00 20 Simarouba Gl. $100.00 $125.00 $4,500.00 20 Green $100.00 $125.00 $6,750.00 Buttomwood Watering of $10,800.00 Trees Total $28,800.00 Sundance Nursery warrants the trees to be alive, true to name, and in good condition. If trees arrive damaged, or they do not appear to start properly, please call us at once. Our nursery will either replace trees or refund original purchase price of trees at the option of the buyer. Under no circumstances will Sundance Nursery, be liable for any consequential or special damages or for any amount greater than the original purchase price of the trees that are in violation of the above warranty. Our liberal change order policy allows you to change anything you wish. Charges for change orders are agreed to in advance of the change. Should you have questions, please call David Garcia at 786-338-5344 Thank you. David Garcia Sponsored by: City Manager Resolution No. 08-72 5 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AN URBAN AND COMMUNITY FORESTRY GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO OBTAIN THE URBAN AND COMMUNITY FORESTRY GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community and the City of Opa-locka desires to apply for an Urban and Community Forestry Grant which will provide dollars to assist in funding our forestry program; and WHEREAS, the City of Opa-locka wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Opa-locka, Florida and the Florida Department of Agriculture and Consumer Services; and WHEREAS, the Urban and Community Forestry Grant requires a 50/50 match from the City of Opa-locka in the event the grant funds are awarded; and WHEREAS, City staff recommends that the City apply for a grant of up to $10,000 as an Urban and Community Forestry Grant. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 0 8—7 2 5 Section 2. The City Commission hereby authorizes the City Manager to apply for an Urban Community Forestry Grant from the Florida Department of Agriculture and Consumer Services, in an amount up to $10,000. Section 3. The City Manager is hereby authorized to enter into and execute any and all documents necessary to obtain the Urban and Community Forestry Grant. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 2 3 day of APRIL 2008. P\ded 49 M 1.---/i) Attest . Appro :• as to form and legal sufficiency: ,0°.- i , -- --- "■LO..,_i A :4.- 01-ladAlkl CIT LERK A v IN C: 'ATTOI TE DATE Moved by: COMMISSIONER HOLMES Second by: COMMISSIONER MILLER Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES G:\DOCS\GOV\19072\0001\C\31 L1242.DOC 2007 Florida Urban and C m"?*uty Forestry Grant Program; Divis, of Forestry-FDACS Page 1 of 2 Forestry Home>Forest Management>Urban and Community Forestry > Urban and Community Forestry Grant Program As part of the federal government's Urban and Community Forestry 2008 Urban and Community Forestry Grant Program: Matching Grant Program, funds will be available to organizations to develop or enhance their urban and community forestry programs. • Advertisement • Request for Proposal(RFP) Awards are made as 50-50 matching grants (50 percent federal, 50 e percent applicant) to local governments, educational institutions, Native- :$1',"'; ','''',,? iir;,,i "} American tribal governments, and legally organized nonprofit (volunteer) ;{l` ' "'*J..4 .� -�' 9 9 Y 9 p ( ) ; , � r organizations in the five grant categories listed below. L 4 4 � ° p,i '4,` t� l' y 1 rye'. r t ,( 1� '�yy 1 S� r t ¢i�I�,c Y Ate' .�.,y;>�.. Award Categories for Urban and Community Forestry Grants LOCAL GOVERNMENT PROGRAM DEVELOPMENT This includes tree ordinance development or revision, tree inventories, management plans, master plans, in-house training, staffing, student internships, and equipment purchases. DEMONSTRATION OR SITE SPECIFIC PROJECTS This includes tree planting on public land, tree protection projects, and tree maintenance projects. NONPROFIT ADMINISTRATION This is for personnel costs only and is meant to help nonprofit groups become more effective in their ability to support and promote local tree management programs. INFORMATION AND EDUCATION This category includes educational programs, Arbor Day programs, Workshops/Training sessions, Youth programs, PSA (public service announcements) development, volunteer training, purchasing or developing brochures and exhibits. URBAN FORESTRY OR ARBORICULTURAL TRAINING This category is intended to provide cost-share funding for the development of new or additional continuing education courses or degree track educational courses in urban forestry or arboriculture. A maximum of$10,000 will be awarded to successful applicants for demonstration and for information and education projects. Staffing grants will be limited to three years, and the applicant will have to reapply on an annual basis. Otherwise, the maximum award is $20,000 for each applicant, and $20,000 for individual practices. Approximately $265,000 in funds will be available during this enrollment period. Contact Us: httrr//www fl-cirri rnm/fnrPct manaaPmcnt/r'fQ 1,4.0 , n.,-..-.4a, b.4-«.1 n in a v.`.l.r■ 2007 Florida Urban and C. Jr amity Forestry Grant Program; Divisit,__e''Torestry-FDACS Page 2 of 2 Charlie Marcus Kelly Boutwell Urban Forestry Coordinator FLEP Coordinator 850/ 921-0300 850/ 922-5832 Email: Email: marcusc(adoacs.state.fl.us boutwek@doacs.state.fl.us For bidding application and instructions, contact: Florida Department of Agriculture and Consumer Services Purchasing Office Mayo Building,Room SB-8 Tallahassee,FL 32399-0800 Telephone 850/488-7552 • r 1 Sponsored by: City Manager RESOLUTION NO. 0 8—7 3 6 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCIKA, FLORIDA, ACCEPTING AN URBAN & COMMUNITY FORESTRY GRANT AWARD FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) FOR TREE PLANTING UNDER 'PROJECT CLEANER AND GREENER"; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FOR ACCEPTANCE OF SAID GRANT AWARD. WHEREAS, the City Commission of the City of Opa-locka ("City Commission") adopted Resolution 08-7259, authorizing the City Manager to apply for an Urban & Community Forestry Grant from the State of Florida Department of Agriculture and Consumer Services; and WHEREAS, the Florida Department of Agriculture and Consumer Services, Division of Forestry, has awarded the City of Opa-locka ("City") Ten Thousand Dollars ($10,000.00) in grant funds allocated for tree planting under"Project Cleaner and Greener"; and WHEREAS, acceptance of the grant award and receipt of the grant funds will ensure that the City has much needed shade and ultraviolet ray protection for elementary school children walking to and from school; and WHEREAS, it is necessary for the City to enter into and execute an agreement with Florida Department of Agriculture and Consumer Services, for acceptance of the Urban & Community Forestry grant award; and WHEREAS, the City Commission desires to accept the Urban & Community Forestry Grant award from the State of Florida Department of Agriculture and Consumer Services. Resolution No. 0 8-7 3 6 4 NOW, THEREFORE, 1 E IT DULY RESOLVE J BY THE CITY CIMMISS}ON OF THE CITY 'I F OEA-LOCK A,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Secs® The City Commission of the City of Opa-locka hereby accepts the Urban & Community Forestry Grant award in the amount of Ten Thousand Dollars ($10,000.00) from the State of Florida Department of Agriculture and Consumer Services and authorizes the City Manager to enter into and execute an agreement with the Florida Department of Agriculture and Consumer Services for acceptance of said grant award, in substantially the contract form attached hereto, as approved by the City Attorney. Section 3e This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8 day of OCTOBER , 2008. r> EIP' Le , i it EY MAYO i': i Attest: Approved as to form and legal suffi iency: Deborah S. � Irby 131.3rna r Norris-W s City Clerk 0i-37-Attorney Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Tydus: YES Commissioner Holmes: YES Commissioner Miller: VPR Vice-Mayor Johnson: YES Mayor Kelley: YES City of Opa.locka City Commission Agenda Item Request DATE: September 26,2008 TO: Mayor and City Commission FROM/PHONE: Jannie R. Beverly, City Manager(305) 953-2821 DEPARTMENT: Office of the City Manager PREPARED BY: Kathy A.Phillips TITLE OF AGENDA ITEM: ACCEPT U!" :.AN AND COMMUNITY FORESTRY (iJ&CF) GRANT$10,000.00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA ACCEPTING A GRANT FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, URBAN AND COMMUNITY FORESTRY IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) FOR TREE PLANTING UNDER PROJECT CLEANER AND GREENER; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTED AGREEMENT WIGH FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, URBAN AND COMMUNITY FORESTY. REPORT IN BRIEF: To accept grant from U&CF to plant trees and other vegetation throughout the City's main corridors. PREVIOUS ACTIONS: Resolution#08-7259 CONCURRENCES: N/A FISCAL IMPACT: Has request been budgeted? If yes,expected cost: Account Name: Account Number: If no, amount needed: What account will funds be appropriated from: RECOMMENDATION(S): City Commission Approval ATTACHMENT(S): Resolution#08-7259,Award Letter and(U&CF)Agreement Florida Department of Agriculture and Consumer Services ,�'� � C HARL ES‘H. BRONSON, Commissioner os,. The Capitol ® Tallahassee, FL 32399-0800 www.doacs.stateil.us Please Respond to: Division of Forestry Forest Management Bureau 3125 Conner Blvd.,C-25 Tallahassee,FL 323 99-1 650 August 19, 2008 t 2 -11 Igo Mr. Gregory Harris ? City of Opa-Locka Fisherman Street =0 Opa-Locka, Florida 33054n cei RE: Application Number 08-32 f -� Dear Mr. Harris: Congratulations! It gives me great pleasure to inform you that the Urban and Community Forestry grant proposal you submitted in response to RFP/DF-07/08-61 has been selected by the Florida Department of Agriculture and Consumer Services to receive a grant award in the amount of$10,000.00. Under separate cover, you will receive three (3) copies of the Memorandum of Agreement (MOA) for your project. Please have each copy signed by the appropriate individual, and return two of them to Program Accountant Kelly Boutwell at the address at the top of this page at our earliest convenience. Your local County Forester will be in touch with you in the near future to discuss your program implementation and reporting procedures. As you are undoubtedly aware, Florida's urban forests play a vital role in the health and well being of our citizens and communities. I am confident that the work you have proposed under this grant will do much to ensure the sustainability of Urban and Community Forestry in your area and I look forward to hearing of your success. Should you have any questions concerning this Urban and Community Forestry grant, please contact either Program Accountant, Kelly Boutwell, at 850/922-5832 or Urban Forestry Coordinator, Charlie Marcus, at 850/921-0300. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Frgsh Florida Agricultt reband Forest Products S97 Billion fnr Fi'1 ,-, ; „ ,. r. .?; URBAN AND COMMUNITY FORESTRY (U&CF) GAGS CONTRACT GRANT MEMORANDUM OF AGREEMENT 0 1 4 4 3 0 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 Opa-Locka, hereinafter called the "Contractor." WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Contractor for the specific project set forth in grant application Number 08-32, 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 six digit Department of Management Services' class/group code commodity catalog control number is 991-365. WHEREAS, the Department and the Contractor 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 Contractor by Resolution No. 08-7259, dated April 23, 2008, 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 Contractor 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, 2009 C. The Contractor has estimated the project cost to be $20.000 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Contractor the total sum of$10,000 or fifty percent (50%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A"and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Contractor 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 Contractor shall be subject tapariodic inspections by the Department. The Contractor shall not change or deviate from the project without written approval by the Department. F. The Contractor agrees to submit to the Department an interim report on project accomplishments quarterly(September 30, 2008, December 31, 2008, March 31, 2009, June 30, 2009, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. DACS-01085 Rev. 11/07 Page 1 of 13 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 than 75 percent of the grant amount will be paid to the Contractor o prior to the submi sion 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 Contractor must submit the final claim for reimbursement to the Department on or before November 15, 2009. I. The Contractor 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 is 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 a Contractor 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. Expenses associated with travel and per diem are not eligible. 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. DACS-01085 Rev. 11/07 Page 2 of 13 • 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) 413-5516 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 may terminate this contract at any time in the event of the default or failure of the Contractor to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for herein, the Department shall provide thirty (30) calendar days written notice of default and shall provide the Contractor the opportunity to cure such failure or default within said thirty (30)) day period. Upon the failure or inability to cure, the Department shall have all rights and remedies provided at law or in equity, including without limitation the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Contractor. 2. Disallow all or part of the cost of the services not in compliance. 3. Wholly or partly suspend or terminate this contract. B. The Department shall have the right of unilateral cancellation for refusal by the Contractor 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. C. By either party following sixty (60) calendar days written notice. In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Contractor.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 Contractor. It is mutually understood and agreed that this contract is: DACS-01085 Rev. 11/07 Page 3 of 13 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 DACS-01085 Rev, 11/07 Page 4 of 13 entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General: E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non-state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 DACS-01085 Rev. 11/07 Page 5 of 13 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5)years from the date the audit report is issued, unless extended in writing by the Department. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). J. The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be-refunded to the state. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. DACS-01085 Rev. 11/07 Page 6 of 13 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 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass-through entities in accordance with Sections .320(c) and (f), OMB Circular A-133, as revised. E. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A- 133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. DACS-01085 Rev. 11107 Page 7 of 13 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) 942-7832. 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 hproducts, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28` Street, North, 3rd Floor, St. Petersburg, Florida. 33716, telephone number(727) 572-1987. The Contractor 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 Contractor is informed that the employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor knowingly employs unauthorized aliens, 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. DACS-01085 Rev. 11/07 Page 8 of 13 In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, sex, religion, color, national origin, age or disability and shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act(42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101- 6107). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW,Washington, DC, 20250-9410, or call (202)720- 5964 (voice and TDD). USDA is an equal opportunity provider and employer. In accordance with Florida Statute 768.28, the Contractor 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 Contractor 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 Contractor 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 Contractor shall be addressed to: Mr. Gregory Harris City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida 33054 DACS-01085 Rev. 11/07 Page 9 of 13 • Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACT;tR CONSUMER SERVICES �•, ature Signature TitleTitle /7 1-009 Date Date DACS-01085 Rev. 11/07 Page 10 of 13 • 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 $ 10,000.00 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 regulations) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE:If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show the total State resources awarded for matching. Federal Program(list Federal agency Catalog of Federal Domestic Assistance title and number)— $(amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE:If the resources awarded to the recipient represent more than one State project,provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project(list State awarding agency, Catalog of State Financial Assistance title and number)— $ (amount) DFS-A2-CL July 2005 Rule 691-5.006,FAC DACS-01085 Rev. 11/07 Page 11 of 13 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. • DFS-A2-CL July 2005 DACS-01085 Rev. 11/07 Rule 691-5.006,FAC Page 12 of 13 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 DACS-01085 Rev. 11/07 Page 13 of 13 URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE 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 Opa-Locka, hereinafter called the Contractor. WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Contractor for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 08-32 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit"1"and by reference made a part hereof; WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Contractor 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: Public swell area near walking route of local schools. Highly visible and heavy pedestrian area within city limits. Specifically, the Contractor 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; 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 Attachment A. The Contractor 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 plans for the project. Furthermore, the Contractor shall keep litter removed from the project area. The above named functions to be performed by the Contractor shall be subject to periodic inspections by the Department. It is the intent of the parties that the Contractor shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1, then the Contractor 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 this agreement, 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. D. 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. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER SE;VICES 1 7 /, L I: , l J" 'rZ2Signature Signature 44..-- ir',,j---yis„..„■ ,/ _."...,,,-'4.,JI ar�i]v/®g Title , ' Title , /7___ / I ate Date Date FEID Number of Social Security Number ATTACHMENT A 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 depth 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. 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. BID NUMBER: RFP/DF-07/08 61 OPENING DATE: MAY 6, 2008 @ 2:30 P.M. ATTACHMENT C CERTIFICATIONS REGARDING LOBBYING;DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS;AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82,"New Restrictions on Lobbying,"and 34 CFR Part 85, "Government-wide Debarment and Suspension(Nonprocurement)and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction,grant,or cooperative agreement. 1. LOBBYING (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with As required by Section 1352,Title 31 of the U.S.Code,and commission of any of the offenses enumerated in paragraph implemented at 34 CFR Part 82,for persons entering into a (2)(b)of this certification;and grant or cooperative agreement over$100,000,as defined at 34 CFR Part 82,Sections 82.105 and 82.110,the applicant (d)Have not within a three-year period preceding this application certifies that: had one or more public transaction(Federal,State,or local) (a)No Federal appropriated funds have been paid or will be terminated for cause or default;and paid,by or on behalf of the undersigned,to any person for B. Where the applicant is unable to certify to any of the state- influencing or attempting to influence an officer or employee of ments in this certification,he or she shall attach an any agency,a Member of Congress,an officer or employee of explanation to this application. Congress,or an employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement,and the extension,continu- 3. DRUG-FREE WORKPLACE ation,renewal,amendment,or modification of any Federal (GRANTEES OTHER THAN INDIVIDUALS) grant or cooperative agreement; As required by the Drug-Free Workplace Act of 1988,and (b)If any funds other than Federal appropriated funds have implemented at 34 CFR Part 85,Subpart F,for grantees,as been paid or will be paid to any person for influencing or defined at 34 CFR Part 85,Sections 85.605 and 85.610- attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or A. The applicant certifies that it will or will continue to provide a an employee of a Member of Congress in connection with this drug-free workplace by: Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to (a)Publishing a statement notifying employees that the unlawful Report Lobbying,'in accordance with its instructions; manufacture,distribution,dispensing,g,possession,or use of a controlled substance is prohibited in the grantee's workplace and (c)The undersigned shall require that the language of this specifying the actions that will be taken against employees for certification be included in the award documents for all violation of such prohibition; subawards at all tiers(including subgrants,contracts under grants and cooperative agreements,and subcontracts)and (b)Establishing an on-going drug-free awareness program to that all subrecipients shall certify and disclose accordingly inform employees about: 2. DEBARMENT,SUSPENSION,AND OTHER (1)The dangers of drug abuse in the workplace; RESPONSIBILITY MATTERS (2)Th_e grantee's policy of maintaining a drug-free workplace; As required by Executive Order 12549,Debarment and (3)Any available drug counseling,rehabilitation,and employee Suspension,and implemented at 34 CFR Part 85,for prospec- assistance programs;and tive participants in primary covered transactions,as defined at 34 CFR Part 85,Sections 85.105 and 85.110— (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; A. The applicant certifies that it and its principals: (c)Making it a requirement that each employee to be engaged in (a)Are not presently debarred,suspended,proposed for the performance of the grant be given a copy of the statement debarment,declared ineligible,or voluntarily excluded from required by paragraph(a); covered transactions by any Federal department or agency; (d)Notifying the employee in the statement required by pare- (b)Have not within a three-year period preceding this applica- graph(a)that,as a condition of employment under the grant,the Lion been convicted of or had a civil judgement rendered employee will against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a (1)Abide by the terms of the statement;and public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust (2)Notify the employer in writing of his or her conviction for a statutes or commission of embezzlement,theft,forgery, violation of a criminal drug statute occurring in the workplace no bribery,falsification or destruction of records,making false later than five calendar days after such conviction; statements,or receiving stolen property: 29 BID NUMBER: RFP/DF-07/08-61 OPENING DATE: MAY 6, 2008 @ 2:30 P.M. (e)Notifying the agency,in writing,within 10 calendar days after DRUG-FREE WORKPLACE receiving notice under subparagraph(d)(2)from an employee or (GRANTEES WHO ARE INDIVIDUALS) otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,including position As required by the Drug-Free Workplace Act of 1988.and title,to:Director,Grants Policy and Oversight Staff,U.S.Depart- implemented at 34 CFR Part 85,Subpart F,for grantees,as ment of Education,400 Maryland Avenue,S.W.(Room 3652, defined at 34 CFR Part 85,Sections 85.605 and 85.610- GSA Regional Office Building No.3),Washington,DC 20202- 4248. Notice shall include the identification number(s)of each A. As a condition of the grant,I certify that I will not engage in the affected grant: unlawful manufacture,distribution,dispensing,pe g,possession,or use of a controlled substance in conducting any activity with the (f)Taking one of the following actions,within 30 calendar days of grant;and receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted: B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity,I will (1)Taking appropriate personnel action against such art em- report the conviction,in writing,within 10 calendar days of the ployee,up to and including termination,consistent with the conviction,to:Director,Grants Policy and Oversight Staff, requirements of the Rehabilitation Act of 1973,as amended:or Department of Education,400 Maryland Avenue,S.W.(Room in a drug 3652.GSA Regional Office Building No.3),Washington,DC (2)Requiring such employee to participate satisfactorily g 20202-4248. Notice shall include the identification number(s)of abuse assistance or rehabilitation program approved for such each affected grant. purposes by a Federal,State,or local health,law enforcement,or other appropriate agency: (g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),(b),(c).(d),(e),and(f). B.The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance(Street address.city,county,state,zip code) 780 Fisherman Street Opa-locka, Florida 33054 Check[ j if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications. NAME OF APPLICANT PR/AWARD NUMBER AND I OR PROJECT NAME City of Opa-locka Project Cleaner & Greener-08 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Fannie R. Beverly, City Manager SIGNATURE DATE 4/9- /() ED 80-0013 12/98 30 BID NUMBER: RFP/DF-07/08-61 OPENING DATE: MAY 6, 2008 @ 2:30 P.M. ATTACHMENT D FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2008 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 five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:30 p.m., May 6,2008 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF -2008 PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850)487-3727 If you have any questions, please see ATTACHMENT N, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Project Clea-ner & Greener-08 Proposer Name: City of Opa-locka Name and Title of Contact Person: Gregory Harris, Grant Coordinator Address: 780 Fisherman Street, Opa-locka, Florida 33054 Zip: 3054 Phone:( 305 ) 953-2821 FEID Number 59-6000394 US Congressional District Number 17 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes X No If the applicant is a city or county government, does your urban forestry program have the following: Professional Staff, in-house or contracted, List qualifications such as ISA certification, forestry degree, etc. Citizen Tree Advisory Board or Tree Advocacy Group, describe: N/A Urban Tree Inventory or Management Plan, how current? Yes, We have a tree management plan, 2007 Tree Ordinance Covering either public or private lands, describe: N/A 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: Jannie R. Beverly Title: City Manager • Signature: \�[�\AL .�/`d' `(e Date: 1 a,I o r 31 Attachment"D"(Continued) Describe the local community and current urban forestry program and role of applicant in that program if a non profit—group: The City of Opa-locka is a 4.2 mile diverse inner city community in Miami-Dade County. A community challenged with crime and other social ills facing urban cities. We have embarked on a forestry program titled: "Project Cleaner& Greener". To date the program has seen a$600,000.00 grant awarded by FDOT to plant trees and other vegetation along 27th avenue, a main corridor in the city. The program has worked with Miami-Dade County in procuring trees at a low cost to place throughout our city parks. Our board has monthly meetings as well as events to promote the proliferation and education of tree issues throughout the city. Previous U &CF Grants received by the applicant. When were they implemented and what did they accomplish? We applied and we were awarded a$10,000.00 matching grant by the Department of Agriculture and Consumer services for a demonstration or site specific project to establish examples of proper tree planting in highly visible right of way areas between the local elementary school and the city park. Along that route trees will be planted from Department of Forestry funds, the tree planting will enhance the Board and the City Commission decision to establish a community garden which will include trees, flowering plants and landscaping. Describe the goals and objectives of this project: ® Provide much needed shade and ultraviolet ray protection for elementary school children and their parent's on their way to and from school. • Increase the emotional, mental, and physical wellness of our residents though the optical serenity of trees planted in highly populated areas. ® Through the receipt of grant funding and implementation, garner public support in providing policy makers with grounds to establish a citywide tree ordinance. Unity civic and community groups in a new joint collaborative effort in planting much needed trees to enhance our urban forestry program. (Project Cleaner& Greener) Plant a minimum of 1,000 trees by the year 2011 this grant will assist us in reaching this goal by allowing us to purchase 70 more quality shade trees for the residents and visitors of our city. Describe how this project will help to develop and improve this program in the long- term: This project will provide lasting benefits to our urban forestry program through obtaining trees that will be permanently planted on public property for future generations to enjoy. This project will have perpetual implications in demonstrating to Miami-Dade County and municipalities, what a community can do with the future and current development of urban forestry programs. It is with that premise that futuristic partnerships will be formed to collaborate and share ideas that will yield a greater benefit to our society as a whole. This project will initiate an ecological renaissance within our urban sprawled community that will be long lasting and establishing new innovative partnerships that can have far reaching enhancements to our existing forestry program. The receipt of this grant will serve as a catalyst for many great things to come. For a tree planting: Describe what species are being planted and why. How will they be installed a d maintained. Due to the tropical climate and the threat of hurricanes, the trees selected were because of their resilience, beauty, shade potential, and uniqueness within our community. The trees are Galucous Cassia(Cassia Surattensis), Paradise.Tree (Simarouba Glauca), Wild Tamarind (Lysiloma latisiliqua), and Green Buttonwood. The trees will be installed by volunteers and tree professionals and will be maintained by the City of Opa-locka Public Works Department. What enviro,u mental or educational value will the community derive from this project? Upon planting trees along walking routes from local schools, we will implement "Project Cleaner& Greener" workshops with parents, students, and school administrators to inform them of the importance of conservation and protection. This is also a component of garnering public support for the adoption of a tree ordinance. In a community such as Opa-locka, environmental issues are somewhat taboo. This project will provide an outlet to reach residents and youth in celebration in the month of July in which we plan to distribute literature on the goals and objectives of our forestry program as well as this project. What steps have been taken to carry out this project in a costs effectiveness manner? We have taken all the necessary steps to establish a positive relationship with civic organizations that have committed their support in the form of no cost labor in planting the trees if awarded dollars to do so. We had our procurement officer to obtain financial quotes from various nurseries in providing the most cost effective tree planting solutions to the trees selected. How will project increase citizen involvement and support for the community's urban forestry program in the long term? What evidence of community support for this project can be produced? The awarding of this grant will increase citizen participation by providing an innovative and new approach to procuring trees. Funds allocated to this program from the USDA will create a positive connection between our local residents and that of the national government. It will allow them to feel a part of something that unites us all as Americans. This will have a massive impact on our ability to involve and recruit new groups and residents within our city to participate in not only this project, but our forestry program as well. This will have a long term, positive effect on the moral of our community. How will this project be publicized in the local community? We have a wonderful relationship with writers of the Miami-Herald and the Miami Times, with a readership from Miami-Dade County to parts of southern Broward County. We will promote this project on our bus shelters, bus benches, and both the city's website and the city's newsletter. These costs will be covered by the city in the supply section of the budget. Will a certified arborist(s) or graduate forester from an accredited four-year Bachelor of Science in Forestry program oversee this project? If not, who will provide oversight and what are their credentials? The City of Opa-locka has an Arborist, Tashi Codner, who is employed at the City of Miami Gardens. Ms. Codner has agreed to oversee the implementation of the forestry program as a joint venture to ensure the uniform presentation in both the Miami Gardens and Opa-locka areas. Ms. Codner has a Masters Degree and six years experience in managing grant funded projects with EPA,I±MA and DHS. Ms. Codner will bring a wealth of knowledge and energy to the city of Opa-locka What new partnerships will the project create or encourage? The City plans to establish a collaborative partnership between the Black Student Union of Florida International University in providing students to assist us on this project as well as our forestry project. They have a diverse group of academic disciplines including botany, biology, and ecology, which will go a long way in helping us achieve our environmental goals. We greatly anticipate this new friendship. Hil T3 BID NUMBER: RFP/DF-07/08=61 OPENING DATE: MAY 6, 2008 @a 2:30 P.M. ATTACHMENT E BUDGET Activity: Tree Planting & Landscaping Specific Description: SUMMARY OF COSTS (A 50/50 match on behalf of the proposer is required). Requested Grant $ Local Match $ Contractual costs I II Personnel costs $2000. Travel costs Equipment costs $1,000. Supplies costs $2,nnn Operating costs Tree costs $10,000 $5,onn. Overhead costs Total Requested Grant (1) $ $10.000 Total Matching Costs (II) $ $ $10,000. Total Program Costs (III) $ $20,000. 100% Add columns I and II for total III (100%) 50 % Grant request 50 %Local match (50% Min. Required) A budget, detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) This project is for Population Zone 1 , 2 , 3, or statewide (circle one). Please see ATTACHMENT K to determine the applicable region. County Miami-Dade County Describe the Specific Location of the Project: On public swel 1 areas near walking route of local schools. Highly visible and heavy pedestrian area within city limits. Who has Maintenance Responsibility for the Property (Category 2 Grants)? City of Opa-locka Is the Land Ownership Public or Private?: Publ i c Name of Landowner: City of Opa-1 ocka Project Title: Project Cleaner & Greener-08 Applicant Name: Jennie R. Beverly, City Manager 33 BID NUMBER: RFP/DF-07/08-61 OPENING DATE: MAY 6, 2008 @ 2:30 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) Personnel 20 Trees (list titles or Laborers @ $100 $2,000 0 $2,000 positions) per laborer Travel 34 BID NUMBER: RFP/DF-07/08-61 OPENING DATE: MAY 6, 2008 @ 2:30 P.M. Cost items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Equipment (1) Electric (list items) Hole Digger $500 0 $500 (10) Shovels $200 0 $200 (2) Debris Extractors $300 0 $300 35 • - BID NUMBER: RPP/DP-07/08-61 OPENING DATE: MAX 6, 2008 @ 2:30 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) _ ($) Supplies* (20) Gloves $100.00 0 $100.00 (list items) (3) Posters $950.00 0 $950.00 advertising on bus shelters (9) Posters for $950.00 0 $950.00 bus benches - advertising project. 36 BID NUMBER: RPP/DF-07/03-61 OPENING DATE: MAY 6, 2008 @ 2:30 P.M. Cost Items Quantity Rate or Price (�) Grant Cost Match Cost ($) ($) ($) (Operating list) Costs Trees (list species and (60)25ga1 Cassia size) Surattensis $90.00 per tre: $2,700.00 $2,700.00 (15)45 gal Simarouba Glauca , $160.00 per tre: $1,600.00 $800.00 (24)45 gal Lysiloma latisil iquas $175.00 per tre: $4,200.00 $0 (20) 45 gal Green Buttonwood. $150.00 per tre: $1,500.00 $1,500.00 Overhead** Total $10,000.00 $10,000.00 * 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. Please Note: The enclosed example of a completed application was chosen to be included because the applicant was especially thorough in providing the requested information, and applied for a number of practices that can be used as examples by other applicants. They also submitted their narrative in outline format, in order to ensure that they had included all of the information that the reviewers would consider. However, a paragraph format is acceptable for the narrative if it contains sufficient information. 37 Sponsored by: City Manager Resolution No. 08_7259 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AN URBAN AND COMMUNITY FORESTRY GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AND ECUTE ANY AND ALL DOCUMENTS NECESSARY TO OBTAIN THE URBAN AND COMMUNITY FORESTRY GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community and the City of Opa-locka desires to apply for an Urban and Community Forestry Grant which will provide dollars to assist in funding our forestry program; and WHEREAS, the City of Opa-locka wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Opa-locka, Florida and the Florida Department of Agriculture and Consumer Services; and WHEREAS, the Urban and Community Forestry Grant requires a 50/50 match from the City of Opa-locka in the event the grant funds are awarded; and WHEREAS, City staff recommends that the City apply for a grant of up to $10,000 as an Urban and Community Forestry Grant. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Secs The recitals to the preamble herein are incorporated by reference. ResoIunon No. 8—, L 5 9 Section 2. The City Commission hereby authorizes the City Manager to apply for an Urban Community Forestry Grant from the Florida Department of Agriculture and Consumer Services, in an amount up to $10,000.- Section 3. The City Manager is hereby authorized to enter into and execute any and all documents necessary to obtain the Urban and Community Forestry Grant. Section 4. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ;3 day of APRIL 2008. RI, 'I- ) Attest 90: Appro as to form and legal sufficiency: . a 4 CIT LERK INt/Cif ATTORNEY / ?oo DATE Moved by: COMMISSIONER HOLMES Second by: COMMISSIONER MILLER Commission Vote: 5—0 Commissioner Tydus: YES Commissioner Holmes: YES • Commissioner Miller: YES Vice-Mayor Johnson: YES Mayor Kelley: YES G:\DOCS\GOV\19072\000110131 L1242.DOC