HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-115Temp. Reso. #10741
June 9, 2005
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005- 1 15
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO SUBMIT TWO
APPLICATIONS TO THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES FOR
EMERGENCY HURRICANE SUPPLEMENTAL URBAN
AND COMMUNITY FORESTRY GRANTS NOT TO
EXCEED THE AMOUNT OF $175,000 PER
APPLICATION FOR THE PROVISION OF TREES AT
SOUTHGATE LINEAR PARK AND ALONG
SOUTHGATE BOULEVARD FROM THE SAWGRASS
EXPRESSWAY EAST TO NOB HILL ROAD, AND
ALONG SOUTHGATE BOULEVARD FROM NOB HILL
ROAD EAST TO SW 83RD AVENUE; AUTHORIZING
ADHERENCE TO THE THREE-YEAR MAINTENANCE
PLANS AND EXECUTION OF THE MAINTENANCE
MEMORANDA OF AGREEMENT BETWEEN THE CITY
AND THE DEPARTMENT OF AGRICULTURE IN THE
EVENT THE AWARD(S) IS/ARE APPROVED;
PROVIDING FOR A MATCH OF 25% PER
APPLICATION IN THE EVENT THE GRANT
PROPOSAL(S) IS/ARE APPROVED; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to
provide open space and recreational opportunities within the City; and
WHEREAS, the City of Tamarac realizes the importance of restoring and
expanding urban forests within the City; and
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Temp. Reso. #10741
June 9, 2005
WHEREAS, the City Commission of the City of Tamarac realizes that
trees provide many benefits to residents including energy conservation, wildlife
habitat, decreased storm water runoff, and cleaner air; and
WHEREAS, during September and October of 2004, two major hurricanes
impacted the City of Tamarac - both producing strong winds that took a
significant toll on the City's urban forest; uprooting and damaging trees; and
WHEREAS, the City's developing Southgate Linear Park and the adjacent
Southgate Boulevard from the Sawgrass Expressway east to Nob Hill Road, and
again along Southgate Boulevard to SW 83rd Avenue present ideal opportunities
to replenish the City's urban forest in the wake of the damaging hurricanes by
planting trees to replace those lost in the City in the general vicinity of the
proposed projects; and
WHEREAS, the area's shape and location present the perfect opportunity,
both safe and suitable, to plant more wind resilient trees, which will not only
protect the urban forest within the area, but also the Citywide urban forest; and
WHEREAS, the Florida Department of Agriculture and Consumer Services
through the 2005 Emergency Hurricane Supplemental Urban and Community
Forestry Grant Program provides funds to municipalities to restore their urban
forests in the wake of these hurricanes; and
WHEREAS, the application process requires that the City of Tamarac
indicate that it will maintain the trees according to three-year maintenance plans
and agrees to, upon approval of the applications and acceptance of the awards,
Temp. Reso. #10741
June 9, 2005
execute Maintenance Memoranda of Agreement (Attached hereto as Exhibit B)
and Grant Memoranda of Agreement (Attached hereto as Exhibit C) with the
Department of Agriculture; and
WHEREAS, should the application(s) be approved and awarded, the City
agrees to maintain the trees which are the subject of these applications on an
ongoing basis; and
WHEREAS, the City of Tamarac is willing to match 25% of the project cost
with local funds in the event of approval; and
WHEREAS, the Assistant City Manager, the Interim Director of Parks and
Recreation, and the Director of Public Works recommend filing the applications,
(attached hereto as Exhibit A); and
WHEREAS, the City Commission of the City of Tamarac deems it to be in
the best interest of the citizens and residents of the City of Tamarac to submit
applications to the Florida Department of Agriculture and Consumer Services
2005 Emergency Hurricane Supplemental Grant Program in an amount not to
exceed $175,000 per application to replenish the City's urban forest by planting
trees at Southgate Linear Park and the adjacent Southgate Boulevard from the
Sawgrass Expressway east to Nob Hill Road, and again along Southgate
Boulevard to SW 83rd Avenue, and to enter into Maintenance Memoranda of
Agreement and Grant Memoranda of Agreement between the City and the
Department of Agriculture in the event the award(s) is/are approved.
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Temp. Reso. #10741
June 9, 2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: The appropriate City officials are hereby authorized to
submit the 2005 Emergency Hurricane Supplemental Urban and Community
Forestry Grant Program applications (attached hereto as Exhibit A).
SECTION 3: The appropriate City officials are hereby authorized to
abide by the three-year maintenance plans (attached hereto as Exhibit D) and
enter into Maintenance Memoranda of Agreement (attached hereto as Exhibit B)
and Grant Memoranda of Agreement (attached hereto as Exhibit C) with the
Department of Agriculture and Consumer Services should the application(s) be
approved.
SECTION 4: A match of 25% of the project cost is hereby
authorized upon approval of the application(s).
SECTION 5: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. #10741
June 9, 2005
SECTION 7: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this Hard day of Jwe. ,2005.
ATTEST:
MARION SWEN ON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. G EN
INTERIM CITY ATTORNEY
JOE SCHREI ER, MAYOR
RECORD OF COMMISSION'
MAYOR
SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M TALABISCO
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
TR #10741
Exhibit A
CRARLES H. BRONSON
COMMISSIONER
Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
Telephone: (850) 487-3727
Page 1 of _ Pages BIDS NO. RFP/DF-04/05-99
WILL BE OPENED June 30, 2005 @ 2:00 P.M.
and may not be withdrawn within 90 days after such date and time
NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT
AGENCY MAILING DATE:
May 2, 2005
BID TITLE: 2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
VENDOR NAME
VENDOR MAILING ADDRESS
CITY - STATE - ZIP
TELEPHONE: (
AUTHORIZED SIGNATURE (MANUAL)
AUTHORIZED SIGNATURE (TYPED) TITLE
I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal
for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this
Proposal and certify that I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the
Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Florida, the
Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and
interest in and to all causes of action it may now or hereafter acquire under the Anti=trust laws of the United States and the State of Florida for price
fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall
be made and become effective at the time the purchasing agency tenders final payment to the Proposer.
GENERAL INSTRUCTIONS TO RESPONDENTS
1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall
apply to this agreement. The following additional terms are also
defined:
(a) "Buyer" means the entity that has released the solicitation.
(b) "Procurement Officer" means the Buyer's contracting
personnel, as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the
Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent
in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included
in the Introductory Materials.
4.
2. General Instructions. Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein
and prepare responses accordingly.
*3. Electronic Submission of Responses. Respondents are
required to submit responses electronically. For this purpose, all
references herein to signatures, signing requirements, or other
required acknowledgments hereby include electronic signature by
means of clicking the "Submit Response" button (or other similar
symbol or process) attached to or logically associated with the
response created by the respondent within MyFloridaMarketPlace.
The respondent agrees that the action of electronically submitting
its response constitutes:
b an electronic signature on the response, generally,
b an electronic signature on any form or section specifically
calling for a signature, and
b an affirmative agreement to any statement contained in the
solicitation that requires a definite confirmation or
acknowledgement.
Terms and Conditions. All responses are subject to the terms of
the following sections of this solicitation, which, in case of conflict,
shall have the order of precedence listed:
b Technical Specifications,
b Special Conditions,
b Instructions to Respondents (PUR 1001),
b General Conditions (PUR 1000), and
b Introductory Materials.
The Buyer objects to and shall not consider any additional terms or
conditions submitted by a respondent, including any appearing in
documents attached as part of a respondent's response. In
submitting its response, a respondent agrees that any additional
terms or conditions, whether submitted intentionally or
inadvertently, shall have no force or effect. Failure to comply with
terms and conditions, including those specifying information that
must be submitted with a response, shall be grounds for rejecting a
response.
"5. Questions. Respondents shall address all questions regarding this
solicitation to the Procurement Officer. Questions must be
submitted via the Q&A Board within MyFloridaMarketPlace and
must be RECEIVED NO LATER THAN the time and date reflected
on the Timeline. Questions shall be answered in accordance with
the Timeline. All questions submitted shall be published and
answered in a manner that all respondents will be able to view.
Respondents shall not contact any other employee of the Buyer or
the State for information with respect to this solicitation. Each
respondent is responsible for monitoring the MyFloridaMarketP lace
site for new or changing information. The Buyer shall not be bound
by any verbal information or by any written information that is not
contained within the solicitation documents or formally noticed and
issued by the Buyer's contracting personnel. Questions to the
Procurement Officer or to any Buyer personnel shall not constitute
formal protest of the specifications or of the solicitation, a process
addressed in paragraph 19 of these Instructions.
6. Conflict of Interest. This solicitation is subject to chapter 112 of
the Florida Statutes. Respondents shall disclose with their
response the name of any officer, director, employee or other agent
who is also an employee of the State. Respondents shall also
disclose the name of any State employee who owns, directly or
indirectly, an interest of five percent (5%) or more in the respondent
or its affiliates.
Convicted Vendors. A person or affiliate placed on the convicted
vendor list following a conviction for a public entity crime is
prohibited from doing any of the following for a period of 36 months
from the date of being placed on the convicted vendor list:
b submitting a bid on a contract to provide any goods or services
to a public entity;
b submitting a bid on a contract with a public entity for the
construction or repair of a public building or public work;
b submitting bids on leases of real property to a public entity;
b being awarded or performing work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and
b transacting business with any public entity in excess of the
Category Two threshold amount ($25,000) provided in section
287.017 of the Florida Statutes.
8. Discriminatory Vendors. An entity or affiliate placed on the
discriminatory vendor list pursuant to section 287.134 of the Florida
Statutes may not:
b submit a bid on a contract to provide any goods or services to
a public entity;
b submit a bid on a contract with a public entity for the
construction or repair of a public building or public work;
b submit bids on leases of real property to a public entity;
b be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with any public
entity; or
b transact business with any public entity.
8. Respondent's Representation and Authorization. In submitting
a response, each respondent understands, represents, and
acknowledges the following (if the respondent cannot so certify to
any of following, the respondent shall submit with its response a
written explanation of why it cannot do so).
b The respondent is not currently under suspension or
debarment by the State or any other governmental authority.
To the best of the knowledge of the person signing the
response, the respondent, its affiliates, subsidiaries, directors,
officers, and employees are not currently under investigation
by any governmental authority and have not in the last ten (10)
years been convicted or found liable for any act prohibited by
law in any jurisdiction, involving conspiracy or collusion with
respect to bidding on any public contract.
b To the best of the knowledge of the person signing the
response, the respondent has no delinquent obligations to the
State, including a claim by the State for liquidated damages
under any other contract.
b The submission is made in good faith and not pursuant to any
agreement or discussion with, or inducement from, any firm or
person to submit a complementary or other noncompetitive
response.
b The prices and amounts have been arrived at independently
and without consultation, communication, or agreement with
any other respondent or potential respondent; neither the
prices nor amounts, actual or approximate, have been
disclosed to any respondent or potential respondent, and they
will not be disclosed before the solicitation opening.
The respondent has fully informed the Buyer in writing of all
convictions of the firm, its affiliates (as defined in section
287.133(1)(a) of the Florida Statutes), and all directors,
officers, and employees of the firm and its affiliates for
violation of state or federal antitrust laws with respect to a
public contract for violation of any state or federal law involving
fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This
includes disclosure of the names of current employees who
were convicted of contract crimes while in the employ of
another company.
b Neither the respondent nor any person associated with it in the
capacity of owner, partner, director, officer, principal,
investigator, project director, manager, auditor, or position
involving the administration of federal funds:
X Has within the preceding three years been convicted of or
had a civil judgment rendered against them or is
presently indicted for or otherwise criminally or civilly
charged for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or
performing a federal, state, or local government
transaction or public contract; violation of federal or state
antitrust statutes; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property; or
X Has within a three-year period preceding this certification
had one or more federal, state, or local government
contracts terminated for cause or default.
b The product offered by the respondent will conform to the
specifications without exception.
b The respondent has read and understands the Contract terms
and conditions, and the submission is made in conformance
with those terms and conditions.
b If an award is made to the respondent, the respondent agrees
that it intends to be legally bound to the Contract that is
formed with the State.
b The respondent has made a diligent inquiry of its employees
and agents responsible for preparing, approving, or submitting
the response, and has been advised by each of them that he
or she has not participated in any communication,
consultation, discussion, agreement, collusion, act or other
conduct inconsistent with any of the statements and
representations made in the response.
b The respondent shall indemnify, defend, and hold harmless
the Buyer and its employees against any cost, damage, or
expense which may be incurred or be caused by any error in
the respondent's preparation of its bid.
b All information provided by, and representations made by, the
respondent are material and important and will be relied upon
by the Buyer in awarding the Contract. Any misstatement
shall be treated as fraudulent concealment from the Buyer of
the true facts relating to submission of the bid. A
misrepresentation shall be punishable under law, including,
but not limited to, Chapter 817 of the Florida Statutes.
10. Performance Qualifications. The Buyer reserves the right to
investigate or inspect at any time whether the product,
qualifications, or facilities offered by respondent meet the Contract
requirements. Respondent shall at all times during the Contract
term remain responsive and responsible. Respondent must be
prepared, if requested by the Buyer, to present evidence of
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experience, ability, and financial standing, as well as a statement as
to plant, machinery, and capacity of the respondent for the
production, distribution, and servicing of the product bid. If the
Buyer determines that the conditions of the solicitation documents
are not complied with, or that the product proposed to be furnished
does not meet the specified requirements, or that the qualifications,
financial standing, or facilities are not satisfactory, or that
performance is untimely, the Buyer may reject the response or
terminate the Contract. Respondent may be disqualified from
receiving awards if respondent, or anyone in respondent's
employment, has previously failed to perform satisfactorily in
connection with public bidding or contracts. This paragraph shall
not mean or imply that it is obligatory upon the Buyer to make an
investigation either before or after award of the Contract, but should
the Buyer elect to do so, respondent is not relieved from fulfilling all
Contract requirements.
Public Opening. Responses shall be opened on the date and at
the location indicated on the Timeline. Respondents, may, but are
not required to, attend. The Buyer may choose not to announce
prices or release other materials pursuant to s. 119.07(3)(m),
Florida Statutes. Any person requiring a special accommodation
because of a disability should contact the Procurement Officer at
least five (5) workdays prior to the solicitation opening. If you are
hearing or speech impaired, please contact the Buyer by using the
Florida Relay Service at (800) 955-8771 (TDD).
Electronic Posting of Notice of Intended Award. Based on the
evaluation, on the date indicated on the Timeline the Buyer shall
electronically post a notice of intended award at
http://fen.state.fl.us/owa vbs/owa/vbs www.main menu. If the
notice of award is delayed, in lieu of posting the notice of intended
award the Buyer shall post a notice of the delay and a revised date
for posting the notice of intended award. Any person who is
adversely affected by the decision shall file with the Buyer a notice
of protest within 72 hours after the electronic posting. The Buyer
shall not provide tabulations or notices of award by telephone.
Finn Response. The Buyer may make an award within sixty (60)
days after the date of the opening, during which period responses
shall remain firm and shall not be withdrawn. If award is not made
within sixty (60) days, the response shall remain firm until either the
Buyer awards the Contract or the Buyer receives from the
respondent written notice that the response is withdrawn. Any
response that expresses a shorter duration may, in the Buyers sole
discretion, be accepted or rejected.
Clarifications/Revisions. Before award, the Buyer reserves the
right to seek clarifications or request any information deemed
necessary for proper evaluation of submissions from all
respondents deemed eligible for Contract award. Failure to provide
requested information may result in rejection of the response.
Minor Irregularities/Right to Reject. The Buyer reserves the
right to accept or reject any and all bids, or separable portions
thereof, and to waive any minor irregularity, technicality, or
omission if the Buyer determines that doing so will serve the State's
best interests. The Buyer may reject any response not submitted in
the manner specified by the solicitation documents.
Contract Formation. The Buyer shall issue a notice of award, if
any, to successful respondent(s), however, no contract shall be
formed between respondent and the Buyer until the Buyer signs the
Contract. The Buyer shall not be liable for any costs incurred by a
respondent in preparing or producing its response or for any work
performed before the Contract is effective.
Contract Overlap. Respondents shall identify any products
covered by this solicitation that they are currently authorized to
furnish under any state term contract. By entering into the
Contract, a Contractor authorizes the Buyer to eliminate duplication
between agreements in the manner the Buyer deems to be in its
best interest.
**18. Public Records. Florida law generously defines what
constitutes a public record; see, for example, section 119.07 of the Florida
Statutes. If a respondent believes that its response contains information
that should not be a public record, the respondent shall clearly segregate
and mark that information (for example, placing the material in a separate
electronic file, and including the word "Confidential" in the filename) and
briefly describe in writing the grounds for claiming exemption from the
public records law, including the specific statutory citation for such
exemption.
19, Protests. Any protest concerning this solicitation shall be made in
accordance with sections 120.57(3) and 287.042(2) of the Florida
Statutes and chapter 28-110 of the Florida Administrative Code.
Questions to the Procurement Officer shall not constitute formal
notice of a protest. It is the Buyer's intent to ensure that
specifications are written to obtain the best value for the State and
that specifications are written to ensure competitiveness, fairness,
necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin.
Code require that a notice of protest of the solicitation documents
shall be made within seventy-two hours after the posting of the
solicitation,
Section 120.57(3)(a), F.S. requires the following statement to be
included in the solicitation: "Failure to file a protest within the time
prescribed in section 120.57(3), Florida Statutes, shall constitute a
waiver of proceedings under chapter 120, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following
statement to be included in the solicitation: "Failure to file a protest
within the time prescribed in Section 120.57(3), Florida Statutes, or
failure to post the bond or other security required by law within the
time allowed for filing a bond shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes."
* DOE'S NOT APPLY TO THIS AGENCY. PLEASE REFER TO
SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT.
** DOES NOT APPLY TO THIS AGENCY. PLEASE REFER TO
SPECIAL CONDITIONS IN THE BID DOCUMENT
(PUR 1001 - 60A-1.002(7), F.A.C.)
GENERAL CONTRACT CONDITIONS
1. Definitions. The definitions contained in s. 6OA-1.001, F.A.C. shall
apply to this agreement. The following additional terms are also
defined:
(a) "Contract" means the legally enforceable agreement that
results from a successful solicitation. The parties to the
Contract will be the Customer and Contractor.
(b) "Customer" means the State agency or other entity that will
order products directly from the Contractor under the Contract.
(c) "Product" means any deliverable under the Contract, which
may include commodities, services, technology or software.
(d) "Purchase order' means the form or format a Customer uses
to make a purchase under the Contract (e.g., a formal written
purchase order, electronic purchase order, procurement card,
or other authorized means). 5.
2. Purchase Orders, A Contractor shall not deliver or furnish products
until a Customer transmits a purchase order. All purchase orders
shall bear the Contract or solicitation number, shall be placed by
the Customer directly with the Contractor, and shall be deemed to
incorporate by reference the Contract and solicitation terms and 6.
conditions. Any discrepancy between the Contract terms and the
terms stated on the Contractors order form, confirmation, or
acknowledgement shall be resolved in favor of terms most
favorable to the Customer. A purchase order for services within the
ambit of section 287.058(1) of the Florida Statutes shall be deemed
to incorporate by reference the requirements of subparagraphs (a)
through (f) thereof. Customers shall designate a contract manager 7.
and a contract administrator as required by subsections
287.057(15) and (16) of the Florida Statutes.
3. Product Version. Purchase orders shall be deemed to reference a
manufacturer's most recently release model or version of the
product at the time of the order, unless the Customer specifically
requests in writing an earlier model or version and the contractor is
willing to provide such model or version.
4. Price Changes Applicable only to Term Contracts. If this is a
term contract for commodities or services, the following provisions 8.
apply.
(a) Quantity Discounts. Contractors are urged to offer additional
discounts for one time delivery of large single orders.
Customers should seek to negotiate additional price
concessions on quantity purchases of any products offered 9.
under the Contract. State Customers shall document their
files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer
becomes aware of better pricing offered by the Contractor for
substantially the same or a smaller quantity of a product
outside the Contract, but upon the same or similar terms of the
Contract, then at the discretion of the Customer the price
under the Contract shall be immediately reduced to the lower
price.
(c) Sales Promotions. In addition to decreasing prices for the
balance of the Contract term due to a change in market
conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period. A
Contractor shall submit to the Contract Specialist
documentation identifying the proposed (1) starting and ending
dates of the promotion, (2) products involved, and (3)
promotional prices compared to then -authorized prices.
Promotional prices shall be available to all Customers. Upon
approval, the Contractor shall provide conspicuous notice of
the promotion.
the agency property custodian pursuant to Chapter 273, F.S.
(e) Equitable_ Adlustmennt. The Customer may, in its sole
discretion, make an equitable adjustment in the Contract terms
or pricing if pricing or availability of supply is affected by
extreme and unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the
volatility is due to causes wholly beyond the Contractor's
control, (2) the volatility affects the marketplace or industry,
not just the particular Contract source of supply, (3) the effect
on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance
of the Contract would result in a substantial loss.
Additional Quantities. For a period not exceeding ninety (90) days
from the date of solicitation award, the Customer reserves the right
to, acquire additional quantities up to the amount shown on the
solicitation but not to exceed the threshold for Category Two at the
prices submitted in the response to the solicitation.
Packaging. Tangible product shall be securely and properly
packed for shipment, storage, and stocking in appropriate, clearly
labeled, shipping containers and according to accepted commercial
practice, without extra charge for packing materials, cases, or other
types of containers. All containers and packaging shall become
and remain Customer's property.
Manufacturer's Name and Approved Equivalents. Unless
otherwise specified, any manufacturers' names, trade names,
brand names, information or catalog numbers listed in a
specification are descriptive, not restrictive. With the Customer's
prior approval, the Contractor may provide any product that meets
or exceeds the applicable specifications. The Contractor shall
demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The Customer shall
determine in its sole discretion whether a product is acceptable as
an equivalent.
Inspection at Contractor's Site. The Customer reserves the right
to inspect, at any reasonable time with prior notice, the equipment
or product or plant or other facilities of a Contractor to assess
conformity with Contract requirements and to determine whether
they are adequate and suitable for proper and effective Contract
performance.
Safety Standards. All manufactured items and fabricated
assemblies subject to operation under pressure, operation by
connection to an electric source, or operation involving connection
to a manufactured, natural, or LP gas source shall be constructed
and approved in a manner acceptable to the appropriate State
inspector. Acceptability customarily requires, at a minimum,
identification marking of the appropriate safety standard
organization, where such approvals of listings have been
established for the type of device offered and furnished, for
example: the American Society of Mechanical Engineers for
pressure vessels; the Underwriters Laboratories and/or National
Electrical Manufacturers' Association for electrically operated
assemblies; and the American Gas Association for gas -operated
assemblies. In addition, all items furnished shall meet all applicable
requirements of the Occupational Safety and Health Act and state
and federal requirements relating to clean air and water pollution.
10. Americans with Disabilities Act. Contractors should identify any
products that may be used or adapted for use by visually, hearing,
or other physically impaired individuals.
11. Literature. Upon request, the Contractor shall furnish literature
reasonably related to the product offered, for example, user
manuals, price schedules, catalogs, descriptive brochures, etc.
(d) Tra -In. Customers may trade in equipment when making
purchases from the Contract. A trade-in shall be negotiated 12. Transportation and Delivery. Prices shall include all charges for
between the Customer and the Contractor. Customers are packing, handling, freight, distribution, and inside delivery.
obligated to actively seek current fair market value when Transportation of goods shall be FOB Destination to any point
trading equipment, and to keep accurate records of the within thirty (30) days after the Customer places an Order. A
process. For State agencies, it may be necessary to provide Contractor, within five (5) days after receiving a purchase order,
documentation to the Department of Financial Services and to shall notify the Customer of any potential delivery delays. Evidence
13.
14.
of inability or intentional delays shall be cause for Contract
cancellation and Contractor suspension.
Installation. Where installation is required, Contractor shall be
responsible for placing and installing the product in the required
locations at no additional charge, unless otherwise designated on
the purchase order. Contractor's authorized product and price list
shall clearly and separately identify any additional installation
charges. All materials used in the installation shall be of good
quality and shall be free of defects that would diminish the
appearance of the product or render it structurally or operationally
unsound. Installation includes the furnishing of any equipment,
rigging, and materials required to install or replace the product in
the proper location. Contractor shall protect the site from damage
and shall repair damages or injury caused during installation by
Contractor or its employees or agents. If any alteration,
dismantling, excavation, etc.; is required to achieve installation, the
Contractor shall promptly restore the structure or site to its original
condition. Contractor shall perform installation work so as to cause
the least inconvenience and interference with Customers and with
proper consideration of others on site. Upon completion of the
installation, the location and surrounding area of work shall be left
clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
Risk of Loss. Matters of inspection and acceptance are addressed
in s. 215.422, F.S. Until acceptance, risk of loss or damage shall
remain with the Contractor. The Contractor shall be responsible for
filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer shall: record any
evidence of visible damage on all copies of the delivering carrier's
Bill of Lading; report damages to the carrier and the Contractor; and
provide the Contractor with a copy of the carriers Bill of Lading and
damage inspection report. When a Customer rejects a product,
Contractor shall remove it from the premises within ten days after
notification or rejection. Upon rejection notification, the risk of loss
of rejected or non -conforming product shall remain with the
Contractor. Rejected product not removed by the Contractor within
ten days shall be deemed abandoned by the Contractor, and the
Customer shall have the right to dispose of it as its own property.
Contractor shall reimburse the Customer for costs and expenses
incurred in storing or effecting removal or disposition of rejected
product.
*15. Transaction Fee. The State of Florida has instituted
MyFlorid aMarketPlace, a statewide eProcurement System
("System"). Pursuant to section 287.057(23), Florida Statutes
(2002), all payments shall be assessed a Transaction Fee of one
percent (1.0%), which the Contractor shall pay to the State, unless
exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its
successor), the Transaction Fee shall, when possible, be
automatically deducted from payments to the Contractor. If
automatic deduction is not possible, the Contractor shall pay the
Transaction Fee pursuant to Rule 60A-1.031(2), F.A.G. By
submission of these reports and corresponding payments,
Contractor certifies their correctness. All such reports and
payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by
the Contractor for the purchase of any item(s) if such item(s) are
returned to the Contractor through no fault, act, or omission of the
Contractor. Notwithstanding the foregoing, a Transaction Fee is
non-refundable when an item is rejected or returned, or declined,
due to the Contractor's failure to perform or comply with
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds
for declaring the Contractor in default and recovering
reprocurement costs from the Contractor in addition to all
outstanding fees. CONTRACTORS DELINQUENT IN PAYING
TRANSACTION FEES SHALL BE EXCLUDED FROM
CONDUCTING FUTURE BUSINESS WITH THE STATE.
16. Invoicing and Payment. Invoices shall contain the Contract
number, purchase order number, and the appropriate vendor
identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any
purchase order placed under the Contract. At the State's option,
Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current
guidelines require that Contractor supply electronic invoices in lieu
of paper -based invoices for those transactions processed through
the system, Electronic invoices shall be submitted to the Customer
through the Ariba Supplier Network (ASN) in one of the following
mechanisms — EDI 810, cXML, or web -based invoice entry within
the ASN.
Payment shall be made in accordance with sections 215.422 and
287.0585 of the Florida Statutes, which govern time limits for
payment of invoices. Invoices that must be returned to a Contractor
due to preparation errors will result in a delay in payment.
Contractors may call (850) 413-7269 Monday through Friday to
inquire about the status of payments by State Agencies, The
Customer is responsible for all payments under the Contract. A
Customer's failure to pay, or delay in payment, shall not constitute a
breach of the Contract and shall not relieve the Contractor of its
obligations to the Department or to other Customers.
17. Taxes. The State does not pay Federal excise or sales taxes on
direct purchases of tangible personal property. The State will not
pay for any personal property taxes levied on the Contractor or for
any taxes levied on employees' wages. Any exceptions to this
paragraph shall be explicitly noted by the Customer on a purchase
order or other special contract condition.
18. Governmental Restrictions. If the Contractor believes that any
governmental restrictions have been imposed that require alteration
of the material, quality, workmanship or performance of the
products offered under the Contract, the Contractor shall
immediately notify the Customer in writing, indicating the specific
restriction. The Customer reserves the right and the complete
discretion to accept any such alteration or to cancel the Contract at
no further expense to the Customer.
% Lobbying and Integrity. Customers shall ensure compliance with
Section 11.062, FS and Section 216.347, FS.The Contractor shall
not, in connection with this or any other agreement with the State,
directly or indirectly (1) offer, confer, or agree to confer any
pecuniary benefit on anyone as consideration for any State officer
or employee's decision, opinion, recommendation, vote, other
exercise of discretion, or violation of a known legal duty, or (2) offer,
give, or agree to give to anyone any gratuity for the benefit of, or at
the direction or request of, any State officer or employee. For
purposes of clause (2), "gratuity" means any payment of more than
nominal monetary value in the form of cash, travel, entertainment,
gifts, meals, lodging, loans, subscriptions, advances, deposits of
money, services, employment, or contracts of any kind. Upon
request of the Customer's Inspector General, or other authorized
State official, the Contractor shall provide any type of information
the Inspector General deems relevant to the Contractor's integrity
or responsibility. Such information may include, but shall not be
limited to, the Contractor's business or financial records,
documents, or files of any type or form that refer to or relate to the
Contract. The Contractor shall retain such records for the longer of
(1) three years after the expiration of the Contract or (2) the period
required by the General Records Schedules maintained by the
Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The
Contractor agrees to reimburse the State for the reasonable costs
of investigation incurred by the Inspector General or other
authorized State official for investigations of the Contractor's
compliance with the terms of this or any other agreement between
the Contractor and the State which results in the suspension or
debarment of the Contractor. Such costs shall include, but shall not
be limited to: salaries of investigators, including overtime; travel and
lodging expenses; and expert witness and documentary fees. The
Contractor shall not be responsible for any costs of investigations
that do not result in the Contractor's suspension or debarment.
20, Indemnification. The Contractor shall be fully liable for the actions
of its agents, employees, partners, or subcontractors and shall fully
indemnify, defend, and hold harmless the State and Customers,
21
22.
and their officers, agents, and employees, from suits, actions,
damages, and costs of every name and description, including
attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused
in whole or in part by Contractor, its agents, employees, partners,
or subcontractors, provided, however, that the Contractor shall not
indemnify for that portion of any loss or damages proximately
caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold
harmless the State and Customers from any suits, actions,
damages, and costs of every name and description, including
attorneys' fees, arising from or relating to violation or infringement
of a trademark, copyright, patent, trade secret or intellectual
property right, provided, however, that the foregoing obligation shall
not apply to a Customer's misuse or modification of Contractor's
products or a Customer's operation or use of Contractor's products
in a manner not contemplated by the Contract or the purchase
order. If any product is the subject of an infringement suit, or in the
Contractor's opinion is likely to become the subject of such a suit,
the Contractor may at its sole expense procure for the Customer
the right to continue using the product or to modify it to become
non -infringing. If the Contractor is not reasonably able to modify or
otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the
Customer the amounts paid in excess of a reasonable rental for
past use. The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs
with respect to any legal action are contingent upon the State or
Customer giving the Contractor (1) written notice of any action or
threatened action, (2) the opportunity to take over and settle or
defend any such action at Contractor's sole expense, and (3)
assistance in defending the action at Contractor's sole expense.
The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the State or Customer in any legal
action without the Contractor's prior written consent, which shall not
be unreasonably withheld.
Limitation of Liability. For all claims against the Contractor under
any individual purchase order, and regardless of the basis on which
the claim is made, the Contractor's liability under a purchase order
for direct damages shall be limited to the greater of $100,000, the
dollar amount of the purchase order, or two times the charges
rendered by the Contractor under the purchase order. This
limitation shall not apply to claims arising under the Indemnity
paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the
purchase order, no party shall be liable to another for special,
indirect, punitive, or Consequential damages, including lost data or
records (unless the purchase order requires the Contractor to back-
up data or records), even if the party has been advised that such
damages are possible. No party shall be liable for lost profits, lost
revenue, or lost institutional operating savings. The State and
Customer may, in addition to other remedies available to them at
law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any
claim for damages, penalties, costs and the like asserted by or
against them. The State may set off any liability or other obligation
of the Contractor or its affiliates to the State against any payments
due the Contractor under any contract with the State.
Suspension of Work. The Customer may in its sole discretion
suspend any or all activities under the Contract, at any time, when
in the best interests of the State to do so. The Customer shall
provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but
are not limited to, budgetary constraints, declaration of emergency,
or other such circumstances. After receiving a suspension notice,
the Contractor shall comply with the notice and shall not accept any
purchase orders. Within ninety days, or any longer period agreed
to by the Contractor, the Customer shall either (1) issue a notice
authorizing resumption of work, at which time activity shall resume,
or (2) terminate the Contract. Suspension of work shall not entitle
the Contractor to any additional compensation.
23. Termination for Convenience. The Customer, by written notice to
the Contractor, may terminate the Contract in whole or in part when
the Customer determines in its sole discretion that it is in the State's
interest to do so. The Contractor shall not furnish any product after
it receives the notice of termination, except as. necessary to
complete the continued portion of the Contract, if any. The
Contractor shall not be entitled to recover any cancellation charges
or lost profits.
24. Termination for Cause. The Customer may terminate the
Contract if the Contractor fails to (1) deliver the product within the
time specified in the Contract or any extension, (2) maintain
adequate progress, thus endangering performance of the Contract,
(3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C.,
governs the procedure and consequences of default. The
Contractor shall continue work on any work not terminated. Except
for defaults of subcontractors at any tier, the Contractor shall not be
liable for any excess costs if the failure to perform the Contract
arises from events completely beyond the control, and without the
fault or negligence, of the Contractor. If the failure to perform is
caused by the default of a subcontractor at any tier, and if the
cause of the default is completely beyond the control of both the
Contractor and the subcontractor, and without the fault or
negligence of either, the Contractor shall not be liable for any
excess costs for failure to perform, unless the subcontracted
products were obtainable from other sources in sufficient time for
the Contractor to meet the required delivery schedule. If, after
termination, it is determined that the Contractor was not in default,
or that the default was excusable, the rights and obligations of the
parties shall be the same as if the termination had been issued for
the convenience of the Customer. The rights and remedies of the
Customer in this clause are in addition to any other rights and
remedies provided'by law or under the Contract.
25. Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor shall not be responsible for delay resulting from its
failure to perform if neither the fault nor the negligence of the
Contractor or its employees or agents contributed to the delay and
the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond
the Contractor's control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is
available to the Contractor. In case of any delay the Contractor
believes is excusable, the Contractor shall notify the Customer in
writing of the delay or potential delay and describe the cause of the
delay either (1) within ten (10) days after the cause that creates or
will create the delay first arose, if the Contractor could reasonably
foresee that a delay could occur as a result, or (2) if delay is not
reasonably foreseeable, within five (5) days after the date the
Contractor first had reason to believe that a delay could result.
THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S
SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY.
Providing notice in strict accordance with this paragraph is a
condition precedent to such remedy. No claim for damages, other
than for an extension of time, shall be asserted against the
Customer. The Contractor shall not be entitled to an increase in the
Contract price or payment of any kind from the Customer for direct,
indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is
suspended or delayed, in whole or in part, due to any of the causes
described in this paragraph, after the causes have ceased to exist
the Contractor shall perform at no increased cost, unless the
Customer determines, in its sole discretion, that the delay will
significantly impair the value of the Contract to the State or to
Customers, in which case the Customer may (1) accept allocated
performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to Customers with respect
to products subjected to allocation, or (2) purchase from other
sources (without recourse to and by the Contractor for the related
costs and expenses) to replace all or part of the products that are
the subject of the delay, which purchases may be deducted from
the Contract quantity, or (3) terminate the Contract in whole or in
part.
26,
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34.
36.
36.
Scope Changes. The Customer may unilaterally require, by
written order, changes altering, adding to, or deducting from the
Contract specifications, provided that such changes are within the
general scope of the Contract. The Customer may make an
equitable adjustment in the Contract price or delivery date if the
change affects the cost or time of performance. Such equitable
adjustments require the written consent of the Contractor, which
shall not be unreasonably withheld. If unusual quantity
requirements arise, the Customer may solicit separate bids to
satisfy them,
Renewal. Upon mutual agreement, the Customer and the
Contractor may renew the Contract, in whole or in part, for a period
that may not exceed 3 years or the term of the contract, whichever
period is longer. Any renewal shall specify the renewal price, as set
forth in the solicitation response. The renewal must be in writing
and signed by both parties, and is contingent upon satisfactory
performance evaluations and subject to availability of funds.
Advertising. Subject to Chapter 119, Florida Statutes, the
Contractor shall not publicly disseminate any information
concerning the Contract without prior written approval from the
Customer, including, but not limited to mentioning the Contract in a
press release or other promotional material, identifying the
Customer or the State as a reference, or otherwise linking the
Contractor's name and either a description of the Contract or the
name of the State or the Customer in any material published, either
in print or electronically, toany entity that is not a party to Contract,
except potential or actual authorized distributors, dealers, resellers,
or service representative.
Assignment. The Contractor shall not sell, assign or transfer any of
its rights, duties or obligations under the Contract, or under any
purchase order issued pursuant to the Contract, without the prior
written consent of the Customer; provided, the Contractor assigns
to the State any and all claims it has with respect to the Contract
under the antitrust laws of the United States and the State. In the
event of any assignment, the Contractor remains secondarily liable
for performance of the contract, unless the Customer expressly
waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
Dispute Resolution. Any dispute concerning performance of the
Contract shall be decided by the Customer's designated contract
manager, who shall reduce the decision to writing and serve a copy
on the Contractor. The decision shall be final and conclusive
unless within ten (10) days from the date of receipt, the Contractor
files with the Customer a petition for administrative hearing. The
Customer's decision on the petition shall be final, subject to the
Contractor's right to review pursuant to Chapter 120 of the Florida
Contractor Employees, Subcontractors, and Other Agents. The
Customer and the State shall take all actions necessary to ensure
that Contractor's employees, subcontractors and other agents are
not employees of the State of Florida. Such actions include, but are
not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary
insurance (health, workers' compensations, and unemployment)
from an employer other than the State of Florida.
Insurance Requirements. During the Contract term, the
Contractor at its sole expense shall provide commercial insurance
of such a type and with such terms and limits as may be reasonably
associated with the Contract. Providing and maintaining adequate
insurance coverage is a material obligation of the Contractor. Upon
request, the Contractor shall provide certificate of .insurance. The
limits of coverage under each policy maintained by the Contractor
shall not be interpreted as limiting the Contractor's liability and
obligations under the Contract. All insurance policies shall be
through insurers authorized or eligible to write policies in Florida.
Warranty of Authority. Each person signing the Contract warrants
that he or she is duly authorized to do so and to bind the respective
party to the Contract.
Warranty of Ability to Perform. The Contractor warrants that, to
the best of its knowledge, there is no pending or threatened action,
proceeding, or investigation, or any other legal or financial
Statutes. Exhaustion of administrative remedies is an absolute
condition precedent to the Contractor's ability to pursue any other
form of dispute resolution; provided, however, that the parties may
employ the alternative dispute resolution procedures outlined in
Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or
equitable action that arises out of or relates to the Contract shall be
the appropriate state court in Leon County, Florida; in any such
action, Florida law shall apply. The parties waive any right to jury
trial.
31. Employees, Subcontractors, and Agents. All Contractor
employees, subcontractors, or agents performing work under the
Contract shall be properly trained technicians who meet or exceed
any specified training qualifications. Upon request, Contractor shall
furnish a copy of technical certification or other proof of
qualification. All employees, subcontractors, or agents performing
work under the Contract must comply with all security and
administrative requirements of the Customer. The State may
conduct, and the Contractor shall cooperate in, a security
background check or otherwise assess any employee,
subcontractor, or agent furnished by the Contractor. The State may
refuse access to, or require replacement of, any personnel for
cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-
compliance with a Customer's security or other requirements. Such
approval shall not relieve the Contractor of its obligation to perform
all work in compliance with the Contract. The State may reject and
bar from any facility for cause any of the Contractor's employees,
subcontractors, or agents.
32. Security and Confidentiality. The Contractor shall comply fully
with all security procedures of the State and Customer in
performance of the Contract. The Contractor shall not divulge to
third parties any confidential information obtained by the Contractor
or its agents, distributors, resellers, subcontractors, officers or
employees in the course of performing Contract work, including, but
not limited to, security procedures, business operations information,
or commercial proprietary information in the possession of the State
or Customer. The Contractor shall not be required to keep
confidential information or material that is publicly available through
no fault of the Contractor, material that the Contractor developed
independently without relying on the State's or Customer's
confidential information, or material that is otherwise obtainable
under State law as a public record. To insure confidentiality, the
Contractor shall take appropriate steps as to its personnel, agents,
and subcontractors. The warranties of this paragraph shall survive
the Contract.
condition, that would in any way prohibit, restrain, or diminish the
Contractor's ability to satisfy its Contract obligations. The
Contractor warrants that neither it nor any affiliate,is Currently on
the convicted vendor list maintained pursuant to section 287.133 of
the Florida Statutes, or on any similar list maintained by any other
state or the federal government. The Contractor shall immediately
notify the Customer in writing if its ability to perform is compromised
in any manner during the term of the Contract.
37. Notices. All notices required under the Contract shall be delivered
by certified mail, return receipt requested, by reputable air courier
service, or by personal delivery to the agency designee identified in
the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs
the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice.
38. Leases and Installment Purchases. Prior approval of the Chief
Financial Officer (as defined in Section 17.001, F.S.) is required for
State agencies to enter into or to extend any lease or installment -
purchase agreement in excess of the Category Two amount
established by section 287.017 of the Florida Statutes.
39. Prison Rehabilitative Industries and Diversified Enterprises,
Inc. (PRIDE). Section 946.515(2), F.S. requires the following
statement to be included in the solicitation: "It is expressly
understood and agreed that any articles which are the subject of, or
40.
required to carry out, the Contract shall be purchased from the
corporation identified under Chapter 946 of the Florida Statutes
(PRIDE) in the same manner and under the same procedures set
forth in section 946.515(2) and (4) of the Florida Statutes; and for
purposes of the Contract the person, firm, or other business entity
carrying out the provisions of the Contract shall be deemed to be
substituted for the agency insofar as dealings with such corporation
are concerned." Additional information about PRIDE and the
products it offers is available at http://www.pridefl.com.
Products Available from the Blind or Other Handicapped.
Section 413.036(3), F.S. requires the following statement to be
included in the solicitation: "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." Additional
information about the designated nonprofit agency and the products it
offers is available at http://www.respectofflorida.org.
41. Modification of Terms. The Contract contains all the terms and
conditions agreed upon by the parties, which terms and conditions
shall govern all transactions between the Customer and the
Contractor. The Contract may only be modified or amended upon
mutual written agreement of the Customer and the Contractor. No
oral agreements or representations shall be valid or binding upon
the Customer or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid or
binding against the Customer. The Contractor may. not unilaterally
modify the terms of the Contract by affixing additional terms to
product upon delivery (e.g., attachment or inclusion of standard
preprinted forms, product literature, "shrink wrap" terms
accompanying or affixed to a product, whether written or electronic)
or by incorporating such terms onto the Contractor's order or fiscal
forms or other documents forwarded by the Contractor for payment.
The Customer's acceptance of product or processing of
documentation on forms furnished by the Contractor for approval or
payment shall not constitute acceptance of the proposed
modification to terms and conditions.
42. Cooperative Purchasing. Pursuant to their own governing laws,
and subject to the agreement of the Contractor, other entities may
be permitted to make purchases at the terms and conditions
contained herein. Non -Customer purchases are independent of the
agreement between Customer and Contractor, and Customer shall
not be a party to any transaction between the Contractor and any
other purchaser.
State agencies wishing to make purchases from this agreement are
required to follow the provisions of s. 287.042(16)(a), F.S. This
statute requires the Department of Management Services to
determine that the requestor's use of the contract is cost-effective
and in the best interest of the State.
43. Waiver. The delay or failure by the Customer to exercise or
enforce any of its rights under this Contract shall not constitute or
be deemed a waiver of the Customer's right thereafter to enforce
those rights, nor shall any single or partial exercise of any such
right preclude any other or further exercise thereof or the exercise
of any other right.
44. Annual Appropriations. The State's performance and obligation
to pay under this contract are contingent upon an annual
appropriation by the Legislature.
46. Execution in Counterparts. The Contract may be executed in
counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
46. Severability. If a court deems any provision of the Contract void or
unenforceable, that provision shall be enforced only to the extent
that it is not in violation of law or is not otherwise unenforceable and
all other provisions shall remain in full force and effect.
47. Special Conditions. Pursuant to 60A-1.002(7), F.A.C., a Customer
may attach additional contractual and technical terms and
conditions. These "special conditions" shall take precedence over
this form PUR 1000 unless the conflicting term in this form is
statutorily required, in which case the term contained in the form
shall take precedence.
*THIS CONDITION DOES NOT APPLY TO THIS AGENCY.
(PUR 1000 - 60A-1.002(7), F.A.C.)
CHECKLIST
1. The entire Request for Proposal (RFP) has been read.
2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions
(Pages 1-8) is completed and signed.
3. A complete address for the Proposer in the space provided (include street address or post
office box, city, zip code and telephone number.) Please note: All future correspondence
will be sent to the contact person listed on your proposal.
4. In all instances where a local government's jurisdiction is impacted by the grant, project, a
resolution (by the local government) indicating support for the project must be submitted
with the Grant Proposal Packet (Attachment G).
5. For Site -Specific Projects, a resolution from the responsible governing body must be
submitted with the Grant Proposal Packet, indicating that they will execute a Maintenance
Memorandum of Agreement with the Department of Agriculture.
6. Documentation of costs incurred and photographs before the completion of Site -Specific
Projects, as well as after completion for projects implemented since October 13, 2004.
This documentation needs to be submitted as evidence that storm damage has occurred
for site -specific projects, where applicable. Documentation should also indicate what costs
have already been reimbursed, and by what agency.
7. For site specific projects along roadways, please provide on page 2 of the Proposal form
(Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a
slash (/), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate
which numbers you are giving.
8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform
landscape architectural services not for compensation, or in their capacity as employees
of municipal or county governments, shall not be required to be licensed...." This means
that if the required design is completed by an unpaid volunteer or an employee of
municipal or county government, a Florida registered architect does not have to sign and
seal the drawings.
9. Conflict of Interest Statement (Attachment B) is completed and signed.
10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed in
blue ink. Detailed itemized budget summary (Attachment E) is completed.
11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug -Free Workplace Requirements (Attachment C) is completed and
signed.
12. One (1) copy with original signature and five (5) copies of the proposal package have
been submitted.
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
REQUEST FOR PROPOSAL
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
INSTRUCTIONS TO PROPOSERS
Each Proposer must complete/provide the following to be considered:
HOW TO SUBMIT A PROPOSAL
Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000 Instructions to
Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the
address, the face of the envelope shall be marked with the date and time of the proposal opening and the
proposal number.
Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one
original and five copies) of the proposal including all attachments.
a . These should be printed/copied on one -side only and must not exceed forty (40) pages, including
attachments.
b. All attachments must be folded to a size not to exceed 8 1/2" X 11".
c. All proposals must be complete and bound by binder clip or staple - NO rubber bands, binders of
any kind, folders or envelopes.
d. All signatures on the "original" must be in blue ink.
e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2,
proposal #3, etc. Failure to comply with this requirement may result in non -award of any proposal.
2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions - Complete, date
and obtain a signature from the individual who is legally authorized to approve submittal of the proposal.
Failure to return a signed form will cause the proposal to be ruled ineligible.
3. Conflict of Interest Statement (Attachment B) - must be completed and signed.
4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and
Drug -free Workplace Requirements (Attachment C) - must be completed and signed.
5. Grant Proposal Form (Attachment D) - Proposers must use this form. It must not be altered in format or
content. This form must be completed in its entirety; the first two pages and the project description (two
page maximum, minimum 12 font), and a detailed budget.
The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals
will cause the proposal to be ruled ineligible.
6. Budget (Attachment E) - Must be completed in detail.
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
TABLE OF CONTENTS
Request for Proposal - Form 1001/1000 Instructions to Respondent's and General Contract Conditions
Special Terms, Conditions, Specifications
Attachment A - Notification of Vendor Ombudsman's Name and Telephone Number
Attachment B - Conflict of Interest Statement
Attachment C - Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters;
and Drug -Free Workplace Requirements
Attachment D - Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative
Format/Evaluation Form)
Attachment E - Budget
Attachment F - Example Emergency Hurricane Supplemental U&CF Grant Proposal
Attachment G - Example Emergency Hurricane Supplemental U&CF Grant Resolution
Attachment H - Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA)
Attachment I - Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of
Agreement (MMOA)
Attachment J - Division of Forestry Local Contacts
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2006 @ 2:00 P.M.
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS
INTRODUCTION
During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3),
Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component
of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities
were impacted by hurricane force winds, in some cases on three separate occasions.
The loss of tree cover in these communities has created negative economic, ecological, and aesthetic
consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery
costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded
air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to
surviving urban trees need to be made to improve their health and reduce damage from future storms. Local
community leaders and the general public also need to learn more about how their urban trees benefit their
community, from an economic, social, and environment standpoint. They also need to learn how to properly
select, plant and care for trees to minimize resulting future storm damage.
To address the situation, the USDA Forest Service requested emergency funding from Congress to help
impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for
this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL-108-324). This legislation provides disaster assistance to "... mitigate the effect of recent
hurricanes and other weather -related events."
PURPOSE
The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program
is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban
areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer
groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to
receive 75% cost -share funds to implement the above mentioned activities. Practices may be implemented on
county or municipally -owned lands, including parks or natural areas, as well as highway and street
rights -of -way not maintained by the Federal government. Private homeowners may also receive replacement
trees through sponsoring government or non-profit entities.
Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities
are eligible to receive funding, with the most heavily impacted communities receiving the highest priority.
Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds
($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2
million) allocated for arboricultural, inventory, and assessment projects.
More specifically, the FDACS, Division of Forestry is requesting proposals for grants to:
&- Conduct inventories of trees in public areas, and assess the condition of individual trees.
�- Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas
where they would serve as wind buffers in the event of future storms.
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
5- Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes.
&- Replace exotic, over -mature, and weak -rooted trees with more wind -resistant species.
&- Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004.
&- Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and
improve the wind resistance and overall health of surviving trees.
�- Implement educational programs to improve the understanding of citizens and local officials of the
benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens
and officials to take measures in advance to minimize storm damage from trees and react decisively
when storms occur.
SCOPE
The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to
provide funding to states for grants to communities in support of their urban forestry programs. Florida
Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter
referred to as FDACS or Department) to cooperate with local governments to promote the planting and
protection of trees to improve the beauty and livability of urban environments within the State of Florida.
DEFINITIONS
For the purpose of this Request for Proposal (RFP):
1. "Applicant" means a local government, a Native- American Tribal Government, a legally organized
nonprofit organization or an educational institution submitting a proposal for federal funds under this grant
program.
2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil
characteristics, climate, surrounding natural or man-made obstacles, and any limitations of the planting
site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or
breakage during storms.
3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her
designee responsible for all forestry activities within a multi -county administrative unit, pursuant to Florida
Statute 589.30.
4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit
organization or educational institution.
5. "Commissioner" means the Commissioner of Agriculture for the State of Florida.
6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an
agency of the State of Florida.
7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and
growing site improvement to minimize a tree's risk to life and property.
8. "Local Government" means a county, municipality, city, town, village, local public authority, school board
district, independent special district of any type, regional government entity, or any agency of a local
government.
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BID NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2006 @ 2:00 P.M.
9. "Nonprofit Organization" refers to an organization which has filed an application with the Secretary of
State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been
issued a Federal Employer Identification Number by the Internal Revenue Service. This may include
homeowners associations, where the nature of their application is consistent with the eligibility limitations
of this grant program.
10. "Proposal' means an Urban and Community Forestry Grant Proposal Form and its required attachments
and supporting documentation not to exceed a total of 40 one-sided pages, including maps and plans.
11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing
site improvement is to improve the long term health of trees.
12. "RFP" means Request for Proposal.
13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a
proposed planting site and make the site suitable for tree planting and growth.
14. "State Forester" means the Director of The Division of Forestry.
15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities
in more than one municipality of the state as determined by the Department.
16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to
coordinate implementation of the grant program.
17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the
qualifying proposals.
ELIGIBILITY REQUIREMENTS
1. Qualified applicants include legal nonprofit organizations, educational institutions, local government
entities of all types and Native -American Tribal Governments. Counties may apply on behalf of one or
more unincorporated population centers within their jurisdiction.
2. All communities in Florida are eligible to apply for grants.
3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for
funding under this grant, provided that adequate financial documentation and verifiable evidence of
successful completion exist.
4. Project expenditures for which the applicant has already received reimbursement from any other source
are not eligible for funding under this grant.
5. FEMA or other Federal funds can not be used to match funding received under this grant.
6. Practices may be implemented on county or municipally -owned lands, including parks or natural areas, as
well as highway rights -of -way not maintained by the Federal government. Private homeowners may also
receive replacement trees through sponsoring government or non-profit entities that can be planted in
either residential yards or "common areas."
7. Total grant requests for each proposal are subject to the following maximum limits:
Iv- $76,000: - Communities of any size which received sustained tropical storm -force winds from one or
more storms. Also, educational projects submitted by any Florida entities.
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
�- $100,000: - Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from one storm.
&- $125,000: - Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical
storm. Also, Communities with populations of between 10,000 and 35,000, located in counties
which received sustained Category 1 hurricane force winds from one storm.
�r $150,000: - Communities with populations of between 10,000 and 35,000, which received at least
sustained Category 1 hurricane force winds from at least two storms, or at least one hurricane and
at least one tropical storm. Also, Communities with populations greater than 35,000, located in
counties which received at least sustained Category 1 hurricane force winds from one storm.
�r $175,000: - Communities with populations greater than 35,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical
storm. Also, communities with populations of between 10,000 and 35,000 located in counties which
experienced maximum sustained winds meeting Category 3 criteria.
The minimum grant award for educational projects is $2,000; $10,000 for other projects from government
entities; and $5,000 from non-profit or educational groups.
8. Applicants may submit and receive funding for more than one application if sufficient funds are available.
9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private
vendor to oversee the implementation of this grant.
10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the
implementation of this grant.
ELIGIBLE PRACTICES
The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be
carried out on county or municipally -owned lands, including parks or natural areas, as well as highway
rights -of -way maintained by non-federal entities.
1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy
loss from storms, identify areas needing reforestation or new tree plantings, and provide background
information to develop a comprehensive urban forest recovery and management plan. Eligible expenses
include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary
staff to conduct the inventory, and any other costs associated with data collection or processing.
2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural
treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible areas
and costs are the same as above.
Grant applications for the above two practices need to include the following information:
a. A map of the area where the inventory or assessment will take place, including street locations.
b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or
assessment in the selected area, the percentage of trees within that area that will be included, the data
that will be collected, how that data will be processed, and the desired results. The narrative should also
state whether a vendor will perform the treatments, or if in-house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
3. Reforestation - This may include tree planting projects to achieve one of the following objectives:
a. Replacement of trees that were severely damaged or destroyed during the storms.
b. Replacement of either over mature trees, or exotic or wind -susceptible species with more
appropriate species for the climate and the site.
C. New appropriate tree plantings in areas where the trees will sere as windbreaks and buffer the
impacts of future hurricanes.
Tree Planting Requirements:
a. Each project must include at least three tree species native to the area and suitable for the site and
objective.
b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or
equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized
by the Division of Forestry.
c. No multi -stem trees may be planted under this program, with the exception of the following species:
River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or
Flatwoods Plum.
d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive
Species, on the internet at (www.fleppo.org ), may not be planted as any part of this grant. program.
e. Applicants should consult with various sources to avoid selecting tree species that have proven to
be especially susceptible to wind damage, either from wind throw at the ground level or from stem
breakage. Research is currently in progress to develop a standard species list for hurricane prone
areas.
Minimum tree size is 1 and 112 inch caliper, in a 15 gallon container. Maximum tree size is a 4-inch
caliper. Palms may not be taller than 16 feet, clear trunk.
g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both
the cost -shared and the matched portion of the project.
h. The grant application may include up to $500.00 per planting site for site -preparation costs directly
related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous
trees that have occupied the site. Site preparation costs which have already been reimbursed from
another source are not eligible; however, these costs may be applied to the grant match if the
reimbursement originated from a non-federal source.
Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only
sere as a matching cost, and as such cannot be reimbursed.
Up to ten percent (10%) of the grant award may be used for each of the following purposes:
1. The purchase and/or installation of irrigation equipment or an irrigation system. The remaining
cost may be applied toward the match requirement.
2. Rental of equipment for site preparation or tree planting.
3. Labor costs.
k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
during the 60 day grow -in period only.
Proposals must include the following information:
1. A location map.
2. A minimum of three color photographs of the planting site.
3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing
structures, and site limitations such as underground utilities and overhead wires.
4. Written approval from the Florida Department of Transportation for planting and maintenance
on the State right-of-way.
5. A three (3)-year maintenance plan to be carried out by the grant recipient at their expense.
Maintenance costs incurred after certification by the Division of Forestry are ineligible for
reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for
the project, must be signed by the grant recipient if awarded a grant.
6. A resolution by the managing agency of the property (if different from the applicant) which
states that they concur with the grant proposal and maintenance plan.
m. A 60-day "grow -in period" is required prior to Certification of Acceptance by the Department and the
processing of a final reimbursement. The proposal should state how the trees will be watered and
cared for during the grow -in period.
n. Tree Plantings must follow established procedures for handling, placement, and maintenance.
Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional
guidance.
5. Exotic Vegetation Control in Community Parks and Natural Areas
This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's
Most Invasive Species (Category I and II), on the internet at (www.fleppc.org ). Infestations of these
species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are
eligible for treatment under this program. Funding is available to cost -share up to two treatments of an
infested area. Grant applications for this practice need to include the following information:
a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the
problem, and the proposed treatment regimen, including timing. The latter should be consistent with
standard recommendations for treating the species, as listed in publications produced by the
University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest
Service. Before approval, the treatment will be subject to review. The narrative should also state
whether a vendor will perform the treatments, or if in-house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if
available, should be included.
c. At least three photographs of the infested area which indicates the extent of the infestation.
6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate
immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was
performed immediately after a storm, improve the tree's wind -resistance and overall health. Eligible
activities would include remedial pruning, righting and re -staking, fertilization treatments, cabling and
bracing, or other related treatments. Grant applications for this practice need to include the following
information:
a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS
coordinates if available, should be included.
b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including
timing. The latter should be consistent with standard practices as described in the American
National Standards Institute (ANSI) ANSI A-300 Tree Care Standards manuals. Another source of
technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state
whether a vendor will perform the treatments, or if in-house labor and equipment will be used, and
how the recipient will supervise the project while in progress. It is preferable that an ISA certified
arborist or a graduate forester from an accredited four-year forestry program be involved in planning
and implementing the practice.
7. Providing Trees to Homeowners
Government entities or non-profit groups may receive grants to provide trees to private homeowners who
lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards,
neighborhood common areas (including those not publicly owned), or road rights -of -way (including those
not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher
program set up with local vendors. The project description submitted with the application needs to
include the following details:
a. A list, of tree species that will be provided. At least three species, more if possible, need to be
included. All species need to be suitable for the local climate and site conditions. None can be
listed as invasive exotics, as described under the Reforestation section. Species suited for different
sized planting areas (small, medium, large) also need to be represented.
b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap,"
and between three and fifteen gallons in size, unless the sponsoring agency can make equipment
available to move and plant larger trees.
C. The delive and distributions stem that the applicant will use. This includes the personnel and
equipment involved, and who will furnish them. Trees need to be transported from the vendor to the
eventual recipient in a timely manner, and properly cared for during the handling period.
d. The publicity strategy that will be used to make potential recipients aware of the program. This could
include printed literature, PSA's, media contacts, advertisements, etc.
e. Literature that will be provided to homeowners to explain site location, preparation, species
selection, handling, planting techniques, and post -planting care, in order to ensure good survival
and growth. Funding through this grant program can be used to either purchase, develop or
reproduce this literature.
Applicants can achieve the grant match for this activity through in-house labor, materials and equipment,
volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees
that can be negotiated through the vendor.
8. Information and Education
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BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
This category is provided to make individual residents, community officials, and private vendors more
aware of urban forestry management practices that will reduce damage to trees from hurricanes and
tropical storms. Also, materials can address what steps to take immediately before and after a storm, how
to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the
value of the urban forest to their local communities, and that the benefits of trees outweigh the
potential of tree damage resulting from storms.
Local governments, nonprofit organizations, and educational institutions are eligible to purchase or
produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for
distribution to the general public, or to cost -share seminars and workshops related to Urban and
Community Forestry topics. The emphasis here is on providing information to the general public,
volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology
transfer).
A resolution or letter signed by the chief executive officer of the applicant is required which states that
they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a
Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not
eligible for grant funding in this category, but can be used as part of the match.
Eligible Activities:
a. Educational programs - for the exhibition, purchase or development of materials for the benefit of
public education as described above.
b. Workshops/Training Sessions/Conferences/Seminars - for the support and organization of public
programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel
expenses, audio/visual equipment rental and related expenses.
c. Youth programs - for the development and production of programs which will involve/benefit young
people, K through college level.
d. Public service materials - (PSA development) - for the development of or purchase of public service
programs, videos, or slide shows which educate the public. These may include expenditures for
film, paper, production costs, equipment rental or other accessories (excluding the purchase of
camera or other video equipment).
e. Brochures - for the purchase of existing technical brochures or the design, development, production
or mailing of an educational or informational brochure consistent with the goals of this grant
program. Applicants are encouraged to utilize existing brochures on the selected topics, if they
exist, and apply for funding for the purchase and distribution of brochures.
Exhibits - for the purchase of or design, development and construction of an
educational/informational exhibit which promotes the goals of this grant program.
All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following
statement:
Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's
Urban and Community Forestry Grant Program."
SELECTION CRITERIA
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BID NUMBER: RFP/DF-04/05-99 OPENING -DATE: JUNE 30, 2005 @ 2:00 P.M.
The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following
criteria must be met before the grant proposal may be determined to be complete:
The proposal must contain all the requested information and be legible and understandable.
2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant
to execute agreements and documents associated with the grant request must be submitted as part of
the proposal.
3. A budget detailing all costs of the project must be submitted with the proposal.
4. For site -specific projects which have already been completed, documentation of costs incurred and
photographs before (if possible) and after the completion of the project must be included.
5. This documentation also needs to be submitted as evidence that storm damage has occurred for
site -specific projects that have not yet been implemented, to the extent that it is available. Documentation
should also indicate what costs have already been reimbursed, and from what source.
6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant
program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture).
7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered.. Unsigned
proposals will be ruled ineligible.
PROPOSAL EVALUATION CRITERIA
Once the submitted proposals have been reviewed and determined to be complete, they will be ranked
according to the following criteria:
The severity of the storm(s) that impacted the counties in which these communities are located, and the
number of hurricanes and/or tropical storms that impacted the county in which the community is located.
They will be graded according to the categories in the Saffir-Simpson Hurricane Scale, based on data
supplied by the National Hurricane Center. Applications will receive the following number of points for
each of the four storm impacts Counties that did not receive hurricane force winds will receive no more
than 40 points:
• Category 3 and above Hurricane: 100 points
• Category 2 Hurricane: 75 points
• Category 1 Hurricane: 50 points
• Tropical Storm: 20 points
This information will be posted on the Division of Forestry website: www.fl-dof.com.
2. Within each county, applications will be ranked according to the quality of the proposals submitted,
according to the following criteria:
a. Demonstrated Need - Highest score will be given to proposals that describe and document the
extent of impact to the community's urban tree resources, and the need for cost -share dollars.
Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20 points
b. Well -Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals
and explain how the applicant will ensure that the practice will be maintained to provide long-term
benefits to the community. 15 points
c. Technical Correctness - Highest score will be given to proposals where the documentation indicates
that a competent professional (either an ISA certified arborist or graduate forester from an
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accredited four-year Bachelor of Science in Forestry program) will oversee the implementation of the
practice, and that the practice will be carried out in a technically correct manner according to the
practice specifications. 20 points
d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest
results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to
the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher
scores will be given to applications where a partnering entity has provided either funding, materials,
or logistical support. 15 points
e. Completeness of Proposal - Highest score will be given to proposals containing all of the required
attachments and providing a detailed explanation of the proposal. 10 points
Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry
program. Current member as of 2003. 10 points
g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its
urban forestry program. Current member as of 2003. 10 points
In order to be considered acceptable, an application must achieve a quality score of at least 50 points out
of a possible 100 points, according to the above criteria. A committee of public and private sector urban
forestry professionals will evaluate these components of each proposal.
3. If all other factors are equal, the following criteria will be applied:
Applications from smaller communities will receive priority over those from larger communities.
Applications for practices which will be implemented in areas where the general public has access to
the treatment site, such as public rights -of -way, streets, and parks will receive priority over those to
be implemented in areas where access will be restricted.
Approvals will be distributed equitably over the counties in the state which received sustained
hurricane force winds, in proportion to the number of applications received. Those receiving lesser
wind impacts will receive a lower priority for funding.
URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE
MEMORANDUM OF AGREEMENT, if applicable)
Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully
executed between the Department and the Applicant.
The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and
the terms of payment for the project (Attachment H).
2. The Three -Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities
for maintenance of any areas where site -specific projects are funded under this grant (Attachment 1).
REJECTION OF PROPOSALS
The Department reserves the right to recommend partial funding of proposals, the right to reject any or all
proposals or waive minor irregularities when to do so would be in the best interest of the State of Florida, and
to reject the proposal of a Proposer whom the Department determines is not in a position to perform the
Contract. Minor irregularities are those which will not have a significant or adverse effect on overall
competition, cost or performance.
POSTING AND RECOMMENDED AWARDS
21
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by
interested parties on the Florida Bid System at http://www.myflorida.com, click on Business, Doing Business
with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements,
tabulation will remain posted for a period of seventy-two (72) hours. Failure to file a protest within the time
prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,
Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the
protest.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score. At the same time, suggestions will be provided for ways they
can improve their chances of being awarded an Urban and Community Forestry Grant in the future.
Note: All approved applicants will be required to attend a regional workshop in their immediate vicinity before
their completed MOA is accepted, to ensure that all involved parties are in agreement regarding program
details.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score.
LATE PROPOSALS
Proposals received by the Department after the proposal opening time and date will be rejected as untimely
and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice
with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors
listed on the Department's posted Award Notice are the only offers received timely in accordance with the
Department's proposal opening time and date.
COST OF PREPARATION
The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals
including an optional oral presentation.
URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE
MEMORANDUM OF AGREEMENT, if applicable)
Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully
executed between the Department and the Applicant.
1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and
the terms of payment for the project (Attachment H).
2. The Three -Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities
for maintenance of any areas where site -specific projects are funded under this grant (Attachment 1).
EXECUTION OF AGREEMENTS AND DOCUMENTS
Upon notification of a Grant Award, the following shall take place:
1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully
executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result
in the grant offer being withdrawn..
2. Although it is the intent of the Department to expedite the grant award process as much as possible,
applicants should be aware that they may not receive a fully -executed grant Memorandum of Agreement
22
BID NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
before August 24, 2005, and should schedule their projects accordingly.
3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall
stipulate:
a. What is to be accomplished under the grant.
b. The schedule and payment terms.
c. The schedule and content of progress reports.
d. Any penalties or actions that the Department will take in the event of noncompliance.
e. The methods to be used by the Department to determine compliance with the terms of the grant
agreement.
Maintenance responsibilities for trees planted as part of the grant program.
REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION
The Department shall ensure that the terms of the agreements executed under these guidelines are enforced.
An interim report showing the status of the project is due December 31, 2005, and thereafter on a quarterly
basis until the project is completed.
The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the
Department.
All projects must be completed by September 30, 2007. All reimbursement claims must be submitted by
November 15, 2007.
FUNDING SOURCE
Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are
nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL-108-324), under the auspices of the 1995 .Farm Bill. The Florida Division of Forestry has
allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should
additional funding become available, it will be added to this amount.
State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes.
FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding.
The State of Florida's performance and obligation to pay under this grant program is contingent upon funding
by the U.S. Forest Service.
A 75/25 match is required (75% grant/25% applicant). The local match must be in non-federal dollars or
contributions of materials and/or services. In -kind services provided by Division of Forestry employees may
not be used to contribute to the match by the grant recipient.
ALLOWABLE COSTS
The following Office of Management and Budget Circulars should be used as a reference for allowable costs
for federally funded programs:
A-21 Educational Institutions
23
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
A-87 State and Local Governments
A-122 Non -Profit Organizations
These circulars are available on line at http://whitehouse.gov/omb/circulars/index.html or you can request a
copy from the U&CF Grant Coordinator.
Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more.written
quotations or written records 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.
No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus
award), can be used as part of the local match.
The maximum allowable assessment for in -kind match for general labor (non-professional) is $15.00 per hour.
METHOD OF REIMBURSEMENT
Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written
request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required
attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will
submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is
received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the
reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in
line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states
the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for
payment of invoices (see Attachment A).
The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants.
FDACS cannot process a request for reimbursement without the FEIN.
SPECIAL PROVISIONS
GRANT AGREEMENT AND CONDITIONS
Terms and conditions within the Grant Agreements (Attachments H and 1) and associated attachments shall
apply.
FDACS will have the right to access any books, documents, papers, and records of the grant recipients which
are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and
transcriptions.
Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional
progress reports may be required if grants are extended past the initial deadline. Failure to submit a required
report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement.
A final project report is required as a prerequisite to final payment.
PUBLIC ENTITY CRIMES
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,
24
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
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, for Categories 1-5 for a
period of 36 months from the date of being placed on the convicted vendor list.
DISCRIMINATION
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a
contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit proposals 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 any business with any public entity.
EMPLOYMENT OF UNAUTHORIZED ALIENS
Pursuant to Executive Order 96-236, effective October 1,1996, the following standard provision shall apply to
any contract awarded as a result of this Request for Proposal:
The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section
274(a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens,
such violation shall be caused for unilateral cancellation of this contract.
AUDITS
The Contractor shall maintain books, records and documents directly pertinent to the performance under this
contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State
or their authorized representatives shall have access to such records for audit purposes during the term of the
contract and for three years following the contract termination date or date of final payment, which ever is later.
If an audit, litigation or other action involving the records is started before the end of the three year period, the
records must be retained until all issues arising out of the action are resolved, or until the end of the three year
period, whichever is later.
In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as
applicable, of the Office of Management and Budget (OMB) Circular A-133. Any contract resulting from a
proposal developed for any division where federal funds are distributed, shall be in compliance with this
circular. The latest version of the referenced circular is available for review by Proposers at the Department's
Purchasing Office.
USE OF FUNDS FOR LOBBYING PROHIBITED
The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the
expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor
also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C.
DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed
form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS, and enclose it with
his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing
Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants
responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and
submitted to the Department.
CERTIFICATION OF NO CONFLICT OF INTEREST
W
BID NUMBER: RFP/DF-04/05-99 . OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed
Conflict of Interest Statement (see Attachment B) and enclose it with his/her bid or proposal. Awardwill not be
made by the Department until the certification is signed by the Proposer and submitted to the Department.
NON-DISCRIMINATION STATEMENT
In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited
from discriminating on the basis of race, color, national origin, sex, age or disability.
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.
INTERPRETATIONS/DISPUTES
Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for
receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless
provided in writing by the Department's Purchasing Director in response to requests in full compliance with this
provision. Any person who is adversely affected by the agency's decision or intended decision shall file with
the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended
decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation,
including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts,
reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be
filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with
particularity the facts and law upon which the protest is filed.
QUESTIONS
Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to
the nearest FDACS, Division of Forestry office (see Attachment K, List of Division of Forestry District/Center
Contacts), or to:
Urban Forestry Program Coordinator
Division of Forestry
Florida Department of Agriculture and Consumer Services
3125 Conner Boulevard, Suite R-3
Tallahassee, FL 32399-1650
Telephone (850) 921-0300
Questions regarding procedures for submittal of proposals should be submitted to:
Christie Hutchinson, Purchasing Director
Division of Administration
Department of Agriculture and Consumer Services
Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
(850) 487-3727
No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any
discussions with any FDACS employee. Only those communications which are in writing from the
Department's Purchasing Office may be considered as a duly authorized expression on behalf of the
Department. Only communications from the applicant which are signed and in writing will be recognized by the
FDACS as duly authorized expressions on behalf of the applicant.
SCHEDULE OF EVENTS
26
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
April 29, 2005 Notification of Availability of Request for Proposal mailed to all potential
applicants.
June 30, 2005 Sealed proposals in response to RFP must be received by FDACS Purchasing
office.
July, 2005 Evaluation of proposals.
August 1, 2005 Posting of Award on the Florida Bid System at http://myflorida.com. Click on
Business, Doing Business with the State of Florida, Everything for Vendors and
Customers, Vendor Bid System, Search Advertisements.
Tabulation will remain posted for a period of seventy-two (72) hours. Failure to
file a protest within the time prescribed in Section 120.57(3), Florida Statutes,
shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Failure to file the proper bond at the time of filing the formal protest will result in
denial of the protest.
August 10, 2005 Expected grant agreement (contract) execution and authorization to begin.
August 2005 Workshops for Approved Grant Applicants - Locations, dates and times to be
posted on www.fi-dof.com
December 31, 2005 First quarterly Interim report due.
July 1, 2007 Deadline for submitting request for no -cost time extension.
September 30, 2007 Contract ending date.
November 15, 2007 Deadline for final reimbursement claims.
27
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
NOTIFICATION OF VENDOR OMBUDSMAN'S NAME
AND TELEPHONE NUMBER
Vendors providing goods and services to an agency should be aware of the following time frames. Upon
receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the
proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the
latter of the date the invoice is received or the goods or services are received, inspected and approved.
If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due
and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies after a 35
day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will
not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because
of vendor 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. agency.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling
the Chief Financial Officer's Hotline, 1-800-848-3892.
28
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT B
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
A91,11411Mto] A1:1>i4:1*3j&1r_1%Will 4,11y>r
I, , as authorized
representative of
certify that no member of this firm nor any person having interest in this
firm has been awarded a contract by the Department of Agriculture and
Consumer Services on a non-competitive basis to:
(1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP);
(2) perform a feasibility study concerning the scope of work contained in this ITB/RFP;
(3) develop a program similar to what is contained in this ITB/RFP.
Authorized Representative
Date
Proposal Number
29
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT C
CERTIFICATIONS REGARDING LOBBYING: DEBARMENT. SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Ap(.11txkrits :>hcalMJ solar L•j Uso rwlulahorra cited titak ms Lo determine tire vartllwalrxl lep eeluch the, ale rw.lunetl k, attest. Appllcarrls
:`hrwhI rrlsu icivieaIho irimimskxls kit cxrrltrresrlir?n indill1r.I in Iha imilulHlkxrs boll a isimplolimp Ii.% hwri Skirwhirci of IhtN Llrrn
pr,mdas for complis ncoverth carllrlcalr,N1 r 1utremensis under 31 Cl-R Irerl 92. 'Navi LZ6S11notipns 4n Lobb%yiT.- And 31 CFFt I'art M
'C -winn1onli acle L)o4anw•nt and dut-pDnsim (N(Alpracuro1161M} and (irlf01rilmoilt'it0c I(cquiromo111s for UUtLig I roc. !-,; i(I;Aaw
+r3rarllsl. Ilia •a3rhhcaticns shall hry lraat&d Asa nl9tona[ roprosonla00n -31 tACL 1111011 tidllch relience'wrll r•e pis owl wliron Me
11a 1llnrtnimil lit 1 chie.,ltinn t1,71%rnvnr-,t Wl. r fc-r,'.rl rr,Inr^O nii, gnmir, nr ,vA*,pr.r.-Avrc. 7vmr.•mnnl
fl�S+1=i f1l:L�:
As rw.luirwJ by Sech ill 1J_52. Idle 31 A 9Ie U.S. (.>Aa, sirri
ligJ1CI11C1W.1 at •J41_I I Wart SZ, iCf 11CM-Allis ollloring Illh:• a
grant or csopsrative agreement, rwer $14I'.Mo. 96 defined At
J i Ql K Pirt 02, Ur:t.-Iwns U2. I LL gild 02.11 U. Uie, appll-:alit
.arhhas that:
.;;,,. Na r!! im;il :!19x! q!ri;xici (imt, l!n u lien r!nid ra mill ho
I;&I, by rr nil bnhalt r,r Ilic• unrlr.•r5ranri, Ao any pn in rnr
irinimricirx)❑t nli ar I; Ili I K 1 I[I in ill il?ric x! wI nfril:m cr t?I Ill Al lvc?I?cl(
nrry ajanr7. 1 1,•1my6or 71 ,^,r,!vjm arz..w 7,Mwr nr rmpIov,+* of
C:r xi gireLN. c ii sort ernr:l! w pi-. of % Fler ! tw of Ci mi li a>y in
,tixure invi faith Ureumkury it ally Fatleral yraril, lire errlauuy
iriltic:r my cx operali-o sayeornHnl, For It rH oxleriskin, am irut
aUon, romvigl, ardor rniarlt, or r1YAilicatr" M any FA"Ieral
ylSill. t•t crr. ipeIaliVa vipvol (lel1L.
r,,. Ir ar)rtiII1r1<;Anor rilan i c•arral *)Kfoknalr.N7 runny hn:ro
b eall 1,01 Of 't7111 t-e p2010 any parson mr mlluenong •ar
lmi Aing in infli i;:rn:r. nil -A wr or r,•nirloyr.•n of army a
r•.'Io mt-or ct cci-Ljuss, an xicer cir 4nlplc yoc..71 0:4101`035. C1r
in r.•n1rJny::r.• ref n 1.•1r.Irtu•r of C:-eklmac rrl,rnnattirtl ;AI11 11-1is
Faiterm 15Isms illu (x>films!rafl-wst)roerrrNri1.11so umlrrsi1itlrrlls<hsr11
,u-ATplr.•tr.• asid suhrrfi RtandnrcJ rnrm 11 I T)ht 3rsurr. (-nrm In
Rol url I uIIII•;irr;)•' ill ski xs?idmrIsm milts its iiOil w iiirr,..
;vj The underaiynvJ shall rw.luire Ural Ilia larr)ua)v ur lhia
•_arlillcatKil t•e sldL19a:1 in tha ar3ard •:I_•_ummts r•:f all
oubawkirds at all tier* dfMirki y autr�)rvIIN. WtlkACts tlrlrlar
grants am oxporatr:'e ;;9r6alllal-ft. 21VI $Lltnxi11racts) and
llral all *ubrauplvnls uhtrll twrIll y wid dmcF_r,a at:trlP1.111 lly.
2. DEBARMENT, SUSPENBION, AND OTHER
RESPONSIBILITY MATTERS
Am ugiiirixI by rs.a:ulkc.Onlr.•1 17546) r?&wrorHd ;or rl
Ii4rk.ns mil, nM ini A,:mr.•rlrcA a1 34 GI It Pnrt 117. hx f.rrlVml.
Iivo IinrlidlsrnlL in 1Orinivisr,minI Imiomskxss• w,olaflru±rl sd
n4 f'.rn Part nti Ra,Yirrls a,, ios and IS 1.111
A. Tha ap(.1itxlut canifiaa Ural it eirJ its (.riuci(.ralb.
. ..Ara rKl plvaen9y•.taL+arre•J, dus(.w1rJw.i.rrr•_gx�*wJ Its
IlrahHnnr?nl.clxljai ttlfIswill )ilIWt11 y1a1in1Hril: Hxllhnitaa Ilk un
oCw•ererJ irAnsae-Ims by arry For.19ml aepammrit or agency;
..- HWe nrn mmul a mrairyear Faroe ITocom rig Um apph-N-
rirA'i bnml now.9,10'.41 cr ar hen 1 nlnr p j:kj,,mr•11l rnn:Jrr:.d
atiainstllirmiii kf %xgnnssicn 19 fraud cf a criminal •]11anas in
,win,l,lk7m •,Arll nbraininrg, nHr:mplinrg in nhrnin nr prsfnrming n
pulllic(FFrir?rsil 91a1e m hxnh InamHc:lkiri cir innirml un11Fr $a
puhlie.. rrtinin.:lkin: 4-flvir,n Of 1'0,�rnl nr Sr im irdMisr
m tal ut as I is cx rs rr is,`h r i ur HrntstmAomors . I tion . h n I Ie1 y
tnilwiv Grlxifrc:;rlisarill i1c.0rudiviic1 1`04331d:,.ruskiiKI rAimcr
ataterrivrrla, •x reuaivirsy vtolen piLparty.
(c) Ai nul pi uses in•Ji,•IwJ ft.,; Lr uRranaiea LtIsnhivIle or Civilly
diArl)ed by H Ip-mrrinwitlul mrilily iFedpral Slsfe. or krcxl) xilll
vxrrnaar_rr•_A ariy 0 Ilya ullvrsses vuurmatvJ nr perayr-r�tr
(2}fbl .n this .,m1rblicaton; any
(d} I lave not voi llin a mmo year porn57 preceding this apl:tiamon
he1c1 or19+Y m7re RIull.transealm (Federal, State, or Iocail
tonilinatca ru.ausa ar uctault; airs
I I -, lu?rr? thn ippimnr 19 I iilnnli: rr, A-: arri 1A any r t 1 hn m.=k
rnvrilN in l his mi I irrtnIh Ili. ill? ar stm, st mil ni l ocll ,III
rxi;lnniiinn loIlik nrplimtvi
1 DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required b'yill e urL1g-11ee i,: Agllace ACI-11U(i8, and
irrrtlornanled A3.1 CFR r'ai18.. SUbpartF. kv grantvv*, as
7at111ad At 34 UFR fart 8b, S90tiClls 8bA0.k Alld &1.1110 -
A. I he apNicam oenmes ulat I will cc %ill wnt111L1e 10 a
c1n Kj frnc• ! xx41In0n by.
p', Pi blishini n varenvirM ivi if.-inrj esr}1t� n,�t illat rIIa unlawhil
nrantrtat Inro, dlstnGuti:n, cusponsi'rlg, pwwssmi, or usa cit a
a-mitralind suhcmn,cki is p0iibitri in 111r.• rirmva,;'s-,p.vAcr*3e.r.• and
Niwifyinip IIIH AdkrrlN Itial twill I?H lakert t3!1Hi!11l milik.voos 11 is
-A•lAkIls Id Lulls r; ohibilkin,
(h; Finakili0iin1pm m ill iirni clrig) (mc ao.i cromti Ixs x)rtuu In
infutm vrr f.*ryays obvi il.
(V. I Iso Uaispi4 eA druli aburiv ul Uto w, vk(Ame.
(2) 1 he grantee's pcltoyc+t nletnlaining a drug -tree LtiYrlq+lace;
(:1; nnv mmilaiAailuill iswris dirsl. rc?icrbililalkm rrrnl c!ulrki.-ac?
nacim.nmo (u!{JrnI1l4; niwl
(4) Thn prnilfi,;s lhnt imW hc• impmr.i tirmn r.mpIny.:•r.•a fnr ilnirg
Htruw vinlalkirm nr:tlrrrirK) Ili site wcirkj1mi:p.
(Q Alsakiliq it sa requirernrnl Ilial Brach ernirlr?veI? hr he r.Irclsrysrl in
the perivr mama dA Use y i anL L v ynvvn a a_y.+y L1 the t taterrrsr d
required t?v limmIrsalitt iw,
(d; htctrrylrg trio oniploy„o in mc• statenviri r quircd Gy para
gmpo fal that, as A amdruon of etnpaymem uivier tna grard, ule
n11pkV.-AA Will,.
(1'. Abda hylhr,. rarms rfihr.• dakime..•nt• mid
(9) W11v the aiTpk-r:,!r in -writing) of hic nr hrr-i7m,dalm for n
ykInlitin of H Iriiiiirtsrlrhull slsrinla rxx:nriiinl III IIIH tm rkr?Isarxr nu
brlor 111nrr ri•rcrcah:•sulnl il:)VL 41or wislrtlnivirliml.
30
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
fl); f*AiIVhr,j ll is apomy, ill .mithp, Y/illlirl 1 C, :alondar 11A^a allot
IoL.viviny riolicvurdsi suUpaiayrarlr (di(2i from mii l)rrrpkj,ee or
+Jlher'.9it,o isceioinLi acluml ivilit* fif utich cy-rl:•iuium. ErrgJYjyola
rA Nnvicteci er . cr-,ees must prmy10 malice, incitming rcQmon
fitly, Lu. Diie:•Irr, Chill. Riliyr and Ovl)reighl. Siulf, I.I.S. Dervlrl-
Iwril of Edulwlkni, • 00 NIAt,.Isid A:•euuv. S rlr. (li•rnn 39f,2,
is SA Ragilrtal Office SuiHiip I*j. 3},'.':asFtiitittoi, DC 29292-
1218. Nilice utiail killudu till) identifitmojii mulil!l)iisi of eauh
affedud yrard,
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mviviny rm lico urdoi rlubpmayrar.fi idj(2), wilts reapyl:l w ariy
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lw.juilernunLs,jr the Rahmbililadtri Ad Ll 1578, a8 aitwrdix.1, uI
f2} Requiring sudi mijluyee k+rlallitiputo t�aIi0a41•Jlily in a drug
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DRUG -FREE WORKPLACE
{GRANTEES WHO ARE INDIVIDUALS)
r a rwrjuuwJ by (I It; Urutrl-rau !'kv64.lac a Ad if 1988, mid
irnpiarnvidwi at 3.1 CFR fart 85, Subpart F, fur granlvaa, as
actinca l-34 ;I ii Pan Itb, So,.uc4ls ob.ow area o.ou
rti ►•a O a> AlA1fAl11 +1r1 n, {jnlnt I hlrllrV rhal I tt'Ill rk-d f.•Ilij xja In rhP
unlawoful IIIMILlratituly, •.lisuibutkJli, digmiying,Irjm!v 4kmi, tr
me of a wiikLllw.1 vubutame in cymJuclirtti any with the
grant: and
I I 1r.limnnrri rr:r mmi m 7nig otmmSr.• mr-unrn;j from i
W7lalkilILv-vallIilly duristpkilo ilductril0117rIlmrltakkvily,Iwill
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DopurtimiLeif Edutxrkirri, •i'30 Marouritl Avoinle, S. rtr. {Rrrn
Y(1ti9 On& IicgvAlll Offloc.IIII Mili11gNO 'Q." lslnngtrA1.I?t:
2 1,12-1218. MAiw shall imuhril) Illy itlaulifiwlfrn number(s) of
eadi efleded yrmt,
10i llu . fifty nldroru'r..J rrrr+lAr.11r 111Vn+1t rnr, iPPIK'anl. I merem vamp; rnrx 111P. Or4Ak:ryllt'7+111 +X1r1rAV'r:nll the lnrl:r• f.0.rrOIk.VIrAls
NM.11 01 APPIIC:<<NI 14ANI).-0RIJR0.JIC:1 NAI-41
PILINII II Nrlk11 ANIJ I III I {:'I M J I I ICNi11I IJ 141 PI41 tit NIAIIVI
SIGNATURE DATE
ED 80-C-313
12'S8
31
BID NUMBER: RFP/DF-04/06-99 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 forty (40) 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 T and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and (6) 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, 2006 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL
Mayo Building - Room S13-8
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:
Proposer Name:
Name and Title of Contact Person:
Address:
Zip:
Phone:(- - _ )
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No
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.
Authorized Executive Officer:
Title:
Signature:
Date:
32
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
(Two page limit, #12 font, single-space)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
(include information that will support the evaluation criteria listed on page 12-13 of this RFP)
Demonstrated Need:
Storm Impact in the Project Area:
Supporting Documents Included:
Well -Defined Goals and Obiectives:
Measurable End Results of the Project:
Long -Term Management of the Project Area:
Technical Correctness:
Supervision and Monitoring of the Project:
Recognized Specifications and Standards to be Followed:
Cost -Effectiveness:
Sources of Cash, Labor, Materials, and Other Resources:
Sources of Matching Resources:
Partnerships Contributing to Project Completion:
Documentation of Cost Figures Listed in the Budget Sheet:
Tree City USA Certification current as of 2003 :
Tree City USA „Growth Award (current as of 2003):
Other Information to Su ort Approval of this Project:
NOTE: This format will also serve as the Proposal Evaluation Sheet
33
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT E
BUDGET
Activity:
Specific Description:
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 (1) $
Total Matching Costs (II) $
Total Program Costs (III) $
100%
Add columns I and II for total III (100%)
% Grant request
A bud et detailing all costs identified above must be attached.
%Local match
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
County
Describe the Specific Location of the Project:
Who has Responsibility for Overseeing Project Implementation (name and title)?
Who has Maintenance Responsibility for the Project after Completion?
Is the Land Ownership Public or Private?:
Name of Landowner:
Project Title:
Applicant Name:
34
BID NUMBER: RFP/DF-04/05-99 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)
Travel
35
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE
30, 2005 @ 2:00
P.M.
Equipment
(list items)
36
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE
30, 2005 @ 2:00
P.M.
Supplies*
(list items)
37
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Operating Costs
(list)
Trees .
(list species and
size)
Overhead"
Total
* 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.
38
BID NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
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 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.
58
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
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.
59
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT J
FLORIDA DIVISION OF FORESTRY
DISTRICT/CENTER CONTACTS
Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties)
Center Manager - Weldon "Sonny" Greene
850/957-6140
Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties)
District Manager - Joe Anderson
850/872-4175
Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties)
District Manager - Tom Ledew
850/414-1131
Perry District (Taylor, Dixie, Madison, Lafayette Counties)
District Manager - John K. Fish
850/838-2290
Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties)
District Manager - Mark Crow
386/758-5700
Jacksonville District (Duval, Clay, Nassau Counties)
District Manager - Bruce Hill
904/266-5003
Waccasassa Center (Alachua, Marion, Gilchrist, Levy, Putnam Counties)
Center Manager - Don West
352/955-2005
Bunnell District (Volusia, St. Johns, Flagler Counties)
District Manager - Mike Kuypers
386/446-6787
Withlacoochee Forestry Center (Pasco, Sumter, Hernando, Lake, Citrus Counties)
Center Manager - Winnie Schreiber
3521754-6777
Orlando District (Orange, Osceola, Seminole, Brevard Counties)
District Manager - John Koehler
321 /690-6465
Lakeland District (Polk, Hillsborough, Pinellas Counties)
District Manager - Gary Zipprer
863/648-3163
Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties)
District Manager - Ed Flowers
941 /751-7629
60
BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Okeechobee District (St. Lucie, Martin, Indian River, Highlands, Glades, Okeechobee Counties)
District Manager - Jim Rath
863/462-5160
Caloosahatchee District (Lee, Collier, Hendry Counties)
District Manager - Hank Graham
239/694-2181
Everglades District (Palm Beach, Broward, Dade, Monroe Counties)
District Manager - David Crane
954/475-4120
Reqional Field Coordinators
Northwest:: Matt Donovan, Bonifay. 850/547-8555
Northeast: Edgar Barrs, Madison. 850/973-5107
Central: Steve Lloyd, Daytona Beach. 386/226-0445
South: Micah Pace, Fort Myers. 2391694-3500
61
TR #10741
Exhibit B
URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of
, 2A , 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 , 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 005-67 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:
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities
and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better,
unless otherwise agreed upon in writing by the Urban Forestry
Coordinator.
(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
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 any one 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.
H. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
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 Boulevard, Suite R-3,
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:
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 $300,000 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 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 nonstate entities financial
statements, Schedule of State Financial Assistance, auditor's reports,
management letter, auditees 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:
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.
W
Administration
STATE OF FLORIDA
DEPARTMENT OF
AGRICULTURE AND
CONSUMER SERVICES
Director, Division of
Name of Entity (Subrecipient)
k1k>L�S
TR #10741
Exhibit C
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of
, 20 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 , 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 005-67, 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
005-67, hereinafter the "project";
WHEREAS, the Entity (Subrecipient) by Resolution No. 2004-06 & 07, dated June
10, 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
45 days upon receipt of the agreement, shall constitute forfeiture of the
award.
B. The effective date of this agreement is , 20
C. The Entity (Subrecipient) shall complete the project by September 30, 2007,
as set forth in the Urban and Community Forestry Grant Application
Number 005-67 approved by the Department on August 1, 2005, during
which time the grant shall continue in effect. The criteria for the project is
set forth therein. The final date by which such criteria must be met for
completion of this agreement is September 30, 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 10 1.900 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 $75,000 or seventy five percent (75%) of the final approved project
costs, whichever is less (the "Grant Amount"). The Grant Amount is
limited to only those items which are directly related to this project as
described in Exhibits "A" and "B". Project costs incurred prior to October
13, 2004, are ineligible for reimbursement. To assist the Entity
(Subrecipient) with the initial three (3) months of implementation, the
Department may make an advance 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. 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 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 by December 31, 2005 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 any one 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 (Subrecipient) a percentage of the Grant
amount equal to the percentage of the project's completion.
Extension of a contract for contractual services shall be in writing for a single
period only not to exceed six (6) months and shall be subject to the same terms
and conditions set forth in the initial contract. There shall be only one extension
of a contract unless the failure to meet the criteria set forth in the contract for
completion of the contract is due to events beyond the control of the Contractor.
If initially competitively procured, contracts for contractual services may be
renewed on a yearly basis for no more than three (3) years, or for a period no
longer than the original contract, whichever period is longer. Renewal of a
contract for contractual services shall be in writing and shall be subject to the
same terms and conditions set forth in the initial contract. Renewals shall be
contingent upon satisfactory performance evaluations by the Department.
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:
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.
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 $300,000 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 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 nonstate 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 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.
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.
STATE OF FLORIDA
DEPARTMENT OF
AGRICULTURE AND
CONSUMER SERVICES
BY:
Director
Division of Administration
Name of Entity (Subrecipient)
BY:
TITLE:
TR #10741
Exhibit D
THREE-YEAR MAINTENANCE PLAN
The City of Tamarac's highly trained Parks and Recreation Department
landscaping crews will routinely perform maintenance of the newly planted trees.
Supervisors will ensure that the new trees are properly established and receive
the necessary watering, fertilization, and grooming to conform with grant
requirements detailed in the provided Planting and Maintenance Guidelines. The
maintenance schedule for the next three years (and in years following) will be as
follows:
• Each tree will be fertilized a minimum of 3 times a year
• Suckers will be removed year round as needed
• The palms will be trimmed twice a year`
• Non -palm trees will be trimmed year round as needed*
• Leaves will be removed as the deciduous trees shed them
*Personnel certified as a Tree Trimmer I by the Broward County Extension
Service will trim all trees.