HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-024Temp. Reso. #11995
February 23, 2011
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CITY OF TAMARAC, FLORIDA 1�
RESOLUTION NO. R-2011- l
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO SUBMIT AN
APPLICATION TO THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES —
DIVISION OF FORESTRY FOR NATIONAL URBAN
AND COMMUNITY FORESTRY PROGRAM GRANT
FUNDS FOR THE DEVELOPMENT OF A TREE
INVENTORY AND MANAGEMENT PLAN IN AN
AMOUNT NOT TO EXCEED $20,000, PROVIDING FOR
A ONE-TO-ONE MATCH IN LOCAL FUNDS IN THE
EVENT OF APPROVAL OF THE APPLICATION;
PROVIDING FOR AUTHORIZATION TO ACCEPT THE
AWARD AND TO EXECUTE THE NECESSARY
DOCUMENTS UPON APPROVAL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to
provide its residents and visitors a higher level of service by enhancing and
improving the environment; and
WHEREAS, the City of Tamarac realizes the importance of open space
and restoring and expanding urban forests within the City; and
WHEREAS, the City Commission of the City of Tamarac realizes that
trees provide many benefits to residents including cleaner air, wind buffers,
decreased storm water runoff, wildlife habitats, and aesthetic value; and
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Temp. Reso. #11995
February 23, 2011
WHEREAS, the US Department of Agriculture (USDA) Forest Service
National Urban and Community Forestry grant program, through the Florida
Department of Agriculture and Consumer Services — Division of Forestry,
provides funds to municipalities for the development of tree inventories and
management plans to improve state urban environments; and
WHEREAS, the agency requires and the City of Tamarac is willing to
match the grant request in an amount not to exceed $20,000 with a one-to-one
match in local funds in the event of approval of the application; and
WHEREAS, it is a requirement of the grant program that this Resolution
be adopted and become an official part of the application; and
WHEREAS, the Directors of Financial Services and Public Works
recommend approval; 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 an
application to the Florida Department of Agriculture and Consumer Services —
Division of Forestry for National Urban and Community Forestry grant program
funds for the development of a tree inventory and management plan.
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
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Temp. Reso. #11995
February 23, 2011
of this Resolution. All exhibits attached hereto are incorporated herein and made
a specific part of this Resolution.
SECTION 2: The appropriate City Officials are HEREBY authorized to
submit a National Urban and Community Forestry grant program application in
an amount not to exceed $20,000 to the Florida Department of Agriculture and
Consumer Services — Division of Forestry, providing for a one-to-one match in
local funds in the event of approval of the application. A copy of said application
form is attached hereto as Exhibit A which is incorporated herein by this
reference.
SECTION 3: Upon approval of the application, the appropriate City
officials are HEREBY authorized to accept the award and execute the necessary
documents following legal review and approval.
SECTION 4: An appropriation for the receipt and expenditure for this
grant and any matching funds will be included in a budget amendment following
notification of the grant award and full execution of the grant agreement pursuant
to F.S. 166.241(2).
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.
Temp. Reso. #11995
February 23, 2011
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this I day of 2011.
PAMELA BUSHNELL
MAYOR
ATTEST:
Je�
PETER M. RICHARDSON, CRM, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM. G SSER
DIST 4: COMM. DRESSLERO�✓ _
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
Y*"� );)r'l 2L
SAMUEL S. GORE
CITY ATTORNEY
u
Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
ADAM H. PUTNAM Telephone: (850) 617-7181
COMMISSIONER
Page 1 of 66 Pages BIDS NO. RFP/DF-10/11-30
AGENCY MAILING DATE: WILL BE OPENED MARCH 18, 2011 @ 2:00 P.M.
and may not be withdrawn within 90 days after such date and time
January 20, 2011
NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT May 20, 2011
BID TITLE: 2011 NATIONAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
VENDOR NAME
AUTHORIZED SIGNATURE (MANUAL)
VENDOR MAILING ADDRESS
CITY - STATE - ZIP
AUTHORIZED SIGNATURE (TYPED) TITLE
TELEPHONE:( )
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
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. The
"Buyer" may also be the "Customer" as defined in the PUR
1000 if that entity meets the definition of both terms.
(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.
(a) "Timeline" means the list of critical dates and actions included in
the Introductory Materials.
2. General Instructions. Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein and
prepare responses accordingly.
r2l9*tF9niftS411`-FAi06i0R Of . 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:
• an electronic signature on the response, generally,
• an electronic signature on any form or section specifically
calling for a signature, and
• an affirmative agreement to any statement contained in the
solicitation that requires a definite confirmation or
acknowledgement.
4. 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:
• Technical Specifications,
• Special Conditions and Instructions,
• Instructions to Respondents (PUR 1001),
• General Conditions (PUR 1000), and
• 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 respondents 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,--Q1611e6iiens. Respondents shall address all questions regarding this
solicitation to the Procurement Officer. Questions must be submitted
via the O&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 MyFloridaMarketPlace 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:
• submitting a bid on a contract to provide any goods or services
to a public entity;
• submitting a bid on a contract with a public entity for the
construction or repair of a public building or public work;
• submitting bids on leases of real property to a public entity;
• being awarded or performing work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and
• 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:
• submit a bid on a contract to provide any goods or services to a
public entity;
• submit a bid on a contract with a public entity for the
construction or repair of a public building or public work;
• submit bids on leases of real property to a public entity;
• be awarded or perform work as a contractor, supplier,
sub -contractor, or consultant under a contract with any public
entity; or
• transact business with any public entity.
9. 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).
• 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.
• Respondent currently has no delinquent obligations to the State,
including a claim by the State for liquidated damages under any
other contract.
• 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.
• 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.
• 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:
o 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
o Has within a three-year period preceding this certification
had one or more federal, state, or local government
contracts terminated for cause or default.
• The product offered by the respondent will conform to the
specifications without exception.
• The respondent has read and understands the Contract terms
and conditions, and the submission is made in conformance
with those terms and conditions.
• 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.
• 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.
• 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.
• 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. 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 Buyer'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 Buyer shall determine in its sole
discretion whether a product is acceptable as an equivalent.
11. 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. In determining Respondent's
responsibility as a vendor, the agency shall consider all information
or evidence which is gathered or comes to the attention of the
agency which demonstrates the Respondent's capability to fully
satisfy the requirements of the solicitation and the contract.
Respondent must be prepared, if requested by the Buyer, to present
evidence of 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
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14.
15.
16.
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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. 119.071(1)(b), 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://fcn.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.
Firm 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 Buyer's 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.
18. 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.
**19 Publie Reeepde Article 1, section 24, Florida Constitution,
guarantees every person access to all public records, and Section
119.011, Florida Statutes, provides a broad definition of public
record. As such, all responses to a competitive solicitation are public
records unless exempt by law. Any respondent claiming that its
response contains information that is exempt from the public records
law shall clearly segregate and mark that information and provide the
specific statutory citation for such exemption.
20, 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."
21. Limitation on Vendor Contact with Agency During Solicitation
Period. Respondents to this solicitation or persons acting on their
behalf may not contact, between the release of the solicitation and
the end of the 72-hour period following the agency posting the notice
of intended award, excluding Saturdays, Sundays, and state
holidays, any employee or officer of the executive or legislative
branch concerning any aspect of this solicitation, except in writing to
the procurement officer or as provided in the solicitation documents.
Violation of this provision may be grounds for rejecting a response.
* DOES NOT APPLY TO THIS AGENCY. PLEASE REFER
TO SUBMISSION INSTRUCTIONS IN THE BID
DOCUMENT.
"* DOE'S NOT APPLY TO THIS AGENCY. PLEASE REFER
TO SPECIAL CONDITIONS IN THE ,BID DOCUMENT.
GENERAL CONTRACT CONDITIONS
Definitions. The definitions contained in s. 60A-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 identified in
a contract as the party to receive commodities or contractual
services pursuant to a contract or that orders commodities or
contractual services via purchase order or other contractual
instrument from the Contractor under the Contract. The
"Customer" may also be the "Buyer' as defined in the PUR
1001 if it meets the definition of both terms.
(c) "Product" means any deliverable under the Contract, which may
include commodities, services, technology or software.
(PUR 1001 - 60A-1.002(7), F.A.C.)
(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,
contract or other authorized means).
2. Purchase Orders. In contracts where commodities or services are
ordered by the Customer via purchase order, 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 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 8.
subparagraphs (a) through (f) thereof. Customers shall designate a
contract manager 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 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
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.
(d) Trade -In. Customers may trade-in equipment when making
purchases from the Contract. A trade-in shall be negotiated
between the Customer and the Contractor. Customers are
obligated to actively seek current fair market value when trading
equipment, and to keep accurate records of the process. For
State agencies, it may be necessary to provide documentation
to the Department of Financial Services and to the agency
property custodian pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. 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.
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.
8, 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.
10. Literature. Upon request, the Contractor shall furnish literature
reasonably related to the product offered, for example, user manuals,
price schedules, catalogs, descriptive brochures, etc.
11. Transportation and Delivery. Prices shall include all charges for
packing, handling, freight, distribution, and inside delivery.
Transportation of goods shall be FOB Destination to any point within
thirty (30) days after the Customer places an Order. A Contractor,
within five (5) days after receiving a purchase order, shall notify the
Customer of any potential delivery delays. Evidence of inability or
intentional delays shall be cause for Contract cancellation and
Contractor suspension.
12, 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
Contract or 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.
5. Additional Quantities. For a period not exceeding ninety (90) days 13.
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.
6. 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.
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.
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 carrier's 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.
14. Transaction Fee. The State of Florida has instituted
MyFloridaMarketPlace, 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.C. 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
MAY BE SUBJECT TO BEING REMOVED FROM THE
DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LISTAS
PROVIDED IN RULE 60A-1.006, F.A.C.
15. Invoicing and Payment. Invoices shall contain the Contract number,
purchase order number if applicable, and the appropriate vendor
identification number. The State may require any other information 19.
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.
16. 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 in the special contract
conditions section of the solicitation or in the Contract or purchase
order.
17. 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,
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
which is available at the following:
hftp://dlis-dos-st@te.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.
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, and
their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attomeys' 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 attomeys' 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 Contractor 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.
18. Lobbying and Integrity. Customers shall ensure compliance with
Section 11.062, FS and Section 216.347, FS.The Contractor shall 20. Limitation of Liability. For all claims against the Contractor under
not, in connection with this or any other agreement with the State, any contract or purchase order, and regardless of the basis on which
directly or indirectly (1) offer, confer, or agree to confer any pecuniary the claim is made, the Contractor's liability under a contract or
purchase order for direct damages shall be limited to the greater of
$100,000, the dollar amount of the contract or 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 contract or 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.
21. Suspension of Work. The Customer may in its sole discretion
suspend any or all activities under the Contract or purchase order, 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 or purchase order.
Suspension of work shall not entitle the Contractor to any additional
compensation.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. Purchase Order Duration. Purchase orders issued pursuant to a
state term or agency contract must be received by the Contractor no
later than close of business on the last day of the contract's term to
be considered timely. The Contractor is obliged to fill those orders in
accordance with the contract's terms and conditions. Purchase
orders received by the contractor after close of business on the last
day of the state term or agency contract's term shall be considered
void.
Purchase orders for a one-time delivery of commodities or
performance of contractual services shall be valid through the
performance by the Contractor, and all terms and conditions of the
state term or agency contract shall apply to the single
delivery/performance, and shall survive the termination of the
Contract.
Contractors are required to accept purchase orders specifying
delivery schedules exceeding the contracted schedule even when
such extended delivery will occur after expiration of the state term or
agency contract. For example, if a state term contract calls for
delivery 30 days after receipt of order (ARO), and an order specifies
delivery will occur both in excess of 30 days ARO and afterexpiration
of the state term contract, the Contractor will accept the order.
However, if the Contractor expressly and in writing notifies the
ordering office within ten (10) calendar days of receipt of the
purchase order that Contractor will not accept the extended delivery
terms beyond the expiration of the state term contract, then the
purchase order will either be amended in writing by the ordering
entity within ten (10) calendar days of receipt of the contractor's
notice to reflect the state term contract delivery schedule, or it shall
be considered withdrawn.
The duration of purchase orders for recurring deliveries of
commodities or performance of services shall not exceed the
expiration of the state term or agency contract by more than twelve
months. However, if an extended pricing plan offered in the state
term or agency contract is selected by the ordering entity, the
contract terms on pricing plans and renewals shall govern the
maximum duration of purchase orders reflecting such pricing plans
and renewals.
Timely purchase orders shall be valid through their specified term
and performance by the Contractor, and all terms and conditions of
the state term or agency contract shall apply to the recurring 33,
delivery/performance as provided herein, and shall survive the
termination of the Contract.
Ordering offices shall not renew a purchase order issued pursuant to
a state term or agency contract if the underlying contract expires prior
to the effective date of the renewal.
28. 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, to
any entity that is not a party to Contract, except potential or actual
authorized distributors, dealers, resellers, or service representative.
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 and shall comply with all controlling
laws and regulations relevant to the services they are providing under
the Contract. 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.
Security and Confidentiality. The Contractor shall comply fully with
all security procedures of the United States, State of Florida 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.
34. Contractor Employees, Subcontractors, and Other Agents. The
29. Assignment. The Contractor shall not sell, assign or transfer any of
Customer and the State shall take all actions necessary to ensure
its rights, duties or obligations under the Contract, or under any
that Contractor's employees, subcontractors and other agents are not
purchase order issued pursuant to the Contract, without the prior
employees of the State of Florida. Such actions include, but are not
written consent of the Customer. In the event of any assignment, the
limited to, ensuring that Contractor's employees, subcontractors, and
Contractor remains secondarily liable for performance of the contract,
other agents receive benefits and necessary insurance (health,
unless the Customer expressly waives such secondary liability. The
workers' compensations, and unemployment) from an employer other
Customer may assign the Contract with prior written notice to
than the State of Florida.
Contractor of its intent to do so.
30, Antitrust Assignment. The Contractor and the State of Florida
recognize that in actual economic practice, overcharges resulting
from antitrust violations are in fact usually borne by the State of
Florida. Therefore, the contractor hereby assigns to the State of
Florida any and all claims for such overcharges as to goods,
materials or services purchased in connection with the Contract.
31. 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 twenty one (21) days from the date of receipt, the Contractor
files with the Customer a petition for administrative hearing. The
Customers decision on the petition shall be final, subject to the
Contractor's right to review pursuant to Chapter 120 of the Florida
Statutes. Exhaustion of administrative remedies is an absolute
condition precedent to the Contractors 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 and the parties waive any right to jury
trial.
35. Insurance Requirements. During the Contract term, the Contractor
at its sole expense shall provide commercial insurance of such a type
and with such terns 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 undereach 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.
36. Warranty of Authority. Each person signing the Contract warrants
that he or she is duly authorized to do so and to bind the respective
parry to the Contract.
37. 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 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.
38. Notices. All notices required under the Contract shall be delivered
32, Employees, Subcontractors, and Agents. All Contractor by certified mail, return receipt requested, by reputable air courier
employees, subcontractors, or agents performing work under the service, or by personal delivery to the agency designee identified in
Contract shall be properly trained technicians who meet or exceed 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.
39. 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.
40. 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 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.pddefl.com.
41. 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.
42. 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 Contractors 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.
43. 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 requesters use of the contract is cost-effective
and in the best interest of the State.
44. 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 Customers 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.
45. 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.
47. 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.
*THIS CONDITION DOES NOT APPLY TO THIS AGENCY.
(PUR 1000 - 60A-1.002(7), F.A.C.) 11I06
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
CHECKLIST
1. The entire Request for Proposal (RFP) has been read.
2. The RFP Form 1001/1000 Instructions to Respondents and General Contract
Conditions (Page 1 of 8) is completed and signed. Do not submit pages 2-8 of
RFP document (PUR Form 1001/1000).
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. Conflict of Interest Statement (Attachment B) is completed and signed.
5. Certifications Regarding Lobbying; Debarment; Suspension and Other
Responsibility Matters for Expenditure of Federal Funds (Attachment C) is
completed and signed.
Drug Free Workplace Program (Attachment P) is signed.
Urban and Community Forestry Proposal form (Attachment D) is completed and
signed. Please note: ALL FUTURE CORRESPONDENCE WILL BE SENT TO THE
CONTACT PERSON LISTED ON YOUR PROPOSAL.
Detailed itemized budget summary (Attachment E) is completed.
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 H).
10. For Demonstration or Site Specific Projects, this resolution (Attachment H) must also
state that they will execute a Maintenance Memorandum of Agreement with the
Department of Agriculture.
11. For Demonstration or Site Specific Projects along roadways, a map must be
included showing 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. At least three photos of the
site should also be included.
12. 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.
13. One (1) original with blue ink signature and five (5) copies of the proposal
package have been submitted.
14. Applicant has registered current Federal Employer Identification Number (FEID)
and mailing address in MyFloridaMarketplace.com (see Attachment M) for
instructions.)
9
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 CS 2:00 PM
REQUEST FOR PROPOSAL
2011 NATIONAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
INSTRUCTIONS TO PROPOSERS
Each Proposer must complete/provide the following by the time and date listed on the form 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. 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.
1. a. These should be rinted co ied an one -side only and must not exceed thirty (30) pages,
including attachments. Do not submit pages 2-8 of RFP document (PUR Form 1001/1000).
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,
plastic binde[& gr fglclers.
d. All signatures on the "original" must be in blue ink.
Alternate 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 Rgsl2ondent'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. Submit only page 1 of Form PUR 1001/1000.
3. Conflict of Interest Statement (Attachment B) - must be completed and signed.
4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility_Matters for
Expenditure of Federal Funds (Attachment C) - must be completed and signed.
5. Drug Free Workplace Program (Attachment P) - must be signed.
6. Urban and Community Forestry 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 page and the project narrative (two page maximum).
a. Contact information for the project manager must be included in its entirety.
b. The legally authorized representative for the Proposer must sign and date the form.
Unsigned proposals shall cause the proposal to be ruled ineligible.
C. A narrative of up to two pages (size 12 font) describing the project and its benefits.
7. Budget (Attachment E) - must be completed in detail.
8. Up to five (5) letters of local support may be included as part of the proposal; at least three (3)
letters are recommended. Letters of support delivered separately will be ruled ineligible.
9. Maps, photos, cost estimates and other supporting materials may be included at the end.
9. Applicants must register their current Federal Employer Identification number (FEID) and mailing
address at MyFloridaMarketplace.com before a contract can be executed (see Attachment M
for instructions). This should be done preferably before the grant submission deadline.
10
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 02:00 PM
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 -
Certification Regarding Lobbying; Debarment, Suspension and Other
Responsibility Matters for Expenditure of Federal Funds
Attachment D -
Urban and Community Forestry Grant Proposal Form 2011
Attachment E -
Budget
Attachment F -
Example Urban and Community Forestry Grant Proposal
Attachment G -
Example Budget
Attachment H -
Example Urban and Community Forestry Grant Resolution
Attachment I -
Example Urban and Community Forestry (U&CF) Grant Memorandum of
Agreement (MOA)
Attachment J -
Example Urban and Community Forestry (U&CF) Grant Maintenance
Memorandum of Agreement (MMOA)
Attachment K -
Reimbursement Summary Sheet
Attachment L -
Interim Status Report
Attachment M -
Federal Employer Identification number (FEID) registration instructions
Attachment N -
Allocation of U&CF Funds
Attachment O -
Division of Forestry Local Contacts
Attachment P -
Drug Free Workplace Program
11
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
2011 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS
INTRODUCTION
Urban and Community Forestry (U&CF) grant funds provided through the USDA Forest Service are
administered in each of the fifty states through the office of the State Forester.
The State Foresters provide national leadership for the implementation of U&CF programs at the
state level. The National Association of State Foresters works closely with the USDA Forest Service,
members of Congress, and national conservation organizations to provide for adequate Urban and
Community Forestry funding, a responsible national U&CF policy and progressive strategies to
manage and replant our nation's community forests.
The growth of our national population and the accompanying development of urban centers and
the surrounding rural areas have resulted in the continual loss of natural areas and tree cover. Trees
provide many benefits to people living in cities and towns including energy conservation through
shade, wildlife habitat, decreased storm water runoff, cleaner air, production of oxygen, removal of
carbon dioxide and increased property values. It is through these and other benefits that trees
contribute to the health, safety and welfare of people living in cities and towns. Studies have shown
that in our cities more trees are removed than are planted and that the average lifespan of a tree in
inner city areas is only seven years.
PURPOSE
The purpose of Florida's U&CF Grant Program is to provide financial assistance to local governments,
Native American Tribal Governments, volunteer groups, nonprofit organizations and educational
institutions to initiate or enhance local urban and community forestry programs and improve the
urban environment within the State of Florida. The State of Florida anticipates an allocation of
$300,000 for fiscal year 2011. However, the Division of Forestry has not received the federal funding
to support this grant program at the time of issuance of this RFP, and may have to delay contract
execution until these funds are received. The primary purpose of the U&CF grant program is not
beautification through tree planting, but to develop and enhance Urban and Community Forestry
programs. Total funding available for demonstration or site specific tree planting projects is limited
to 20% of available funds ($60,000) and tree planting projects are limited to a maximum award of
$10,000 per applicant.
The U&CF grant program is intended to help local governments, Native -American Tribal
Governments, volunteer groups, nonprofit organizations and educational institutions get programs
started and is not meant to be a continual funding source for staffing. The U&CF grant will only fund
staffing for three grant years.
The US Forest Service has directed the Florida Division of Forestry to focus on assisting communities to
strengthen their urban forestry programs in the following four core areas:
1. Active involvement by community tree boards or citizen tree advisory groups.
2. Development of urban tree management plans based on current inventory data.
3. Program oversight by qualified professional staff or professional consultant.
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
4. Development of a tree ordinance that will enforce community tree care standards.
Addressing these four areas will involve education of citizens, local officials, and tree care
professionals. Encouraging volunteer and citizen group participation in these activities is also a key
to program success. Some demonstration areas to show good urban forestry practices are also
helpful, and will be funded to a limited extent under this grant program.
Copies of the Urban and Community Forestry Grant Program Request for Proposal may be obtained
by contacting: Department of Agriculture and Consumer Services, Purchasing Office, Mayo Building,
Room SB-8, Tallahassee, Florida, 32399-0800, (850) 617-7181. It can also be downloaded from the
Division of Forestry website, www.fl-dof.com.
SCOPE
Florida's Urban and Community Forestry Grant Program is part of the Forestry Title of the 1995 Farm Bill
passed by the 107th Congress. Section 589.28, Florida Statutes 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. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required
attachments and supporting documentation not to exceed a total of 30 one-sided pages,
including maps and plans.
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 Section 589.30, Florida Statutes.
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. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State
Forester to coordinate implementation of the grant program.
8. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to score and
rank the qualifying proposals.
9. "Local Government" means a county government, a municipality (an incorporated city, town,
or village), a school board district or an independent special district.
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
10. "Nonprofit Organization" means an organization which has filed an application with the
Secretary of State of Florida for nonprofit corporate status pursuant to Chapter 617, Florida
Statutes, and has been issued a Federal Employer Identification Number by the Internal
Revenue Service.
11. "RFP" means Request for Proposal.
12. "State Forester' means the Director of The Division of Forestry.
13. "Statewide Project" means a project that impacts the whole state or one that implements
specific activities in all three regions of the state as determined by the Department.
14. "Non-federal public property" means public property owned by state or local governments or
Tribal governments.
ELIGIBILITY REQUIREMENTS
Qualified applicants are limited to legal nonprofit organizations, educational institutions, local
governments and Native -American Tribal Governments.
2. Grant requests may not exceed $20,000. Maximum grant award to a single applicant is
$20,000. The minimum grant amount that may be requested is $2,000.
3. The maximum grant award for a Category 2 Demonstration or Site Specific Project is $10,000.
4. The maximum grant award for a Category 4 grant (Information and Education) is $10,000.
Grants are for projects not currently budgeted and may not be used to replace existing
commitments.
Expenses associated with travel and per diem are not eligible.
GRANT CATEGORIES
There are four grant categories:
1. Local Government Program Development or Improvement
2. Demonstration or Site Specific Projects
3. Non -Profit Administration
4. Information and Education
Category 1: Local Government Program Development or Improvement
Qualified Applicants: Local Governments, Educational Institutions and Native -American Tribal
Governments (Non -Profits apply under Category III)
Activities in this category focus on improving Urban and Community Forestry technical assistance at
the local level. Priority will be given to projects which initiate community forestry programs or
enhance a local government's ability to develop and maintain a comprehensive tree management
program. Projects must yield tangible results which provide a basis for improving Urban and
Community Forestry programs.
A resolution by the applicant is required which states that they concur with the proposal and
will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution must be
submitted as part of the proposal packet).
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
• Maximum grant allocation is $20,000 in this category.
• Up to 10% of the awarded grant funds can be used for reimbursement of In-house staff time
devoted to execution or oversight of these projects. Additional staff time can be used as
match.
Subcategories:
1. Ordinance development or revision - includes costs associated with reproduction, mailing or
consultant fees to develop or revise a Tree Protection Ordinance.
2. Tree Inventories - for the development of a local tree inventory/hazardous tree inventory on
non-federal public properties (includes parks, rights -of way and preserves). This can include
the purchase of hardware, software and related equipment, as well as fees paid to vendors to
conduct the inventory.
3. Manaaement or Master Plans - for the development of a management plan for the protection,
preservation or maintenance of urban trees on non-federal public properties.
4. In-house training - for the development of (or improvement of) an in-house Urban and
Community Forestry training package. This can include instructor fees but not travel.
5. Staffina - for the employment of an Urban Forestry professional, technician or consultant. The
U&CF grant is to help local governments get programs started and is not meant to be a
continual funding source for staffing. Staffing is limited to three grant years of funding from this
program, and funding is not guaranteed from one year to the next. The second year funding is
limited to $15,000, and the third year $10,000. The narrative should include specific activities
that this position will accomplish during the grant period.
6. Spent internships - for the employment of a student intern in Urban Forestry or a student from
a related field of study for the development of or improvement of an Urban and Community
Forestry Program. The narrative should include specific activities that this position will
accomplish during the grant period.
7. E uui mment - for the purchase of any related equipment which will improve an existing Urban
and Community Forestry Program (example: water wagons or water trucks, bucket trucks, tree
spades, stump grinders, green house equipment, etc.)
Category 2: Demonstration or Site Specific Projects
Qualified Applicants: Local Governments, Native -American Tribal Governments, Nonprofit
Organizations and Educational Institutions
The purpose of these projects is to establish examples of proper urban tree planting, protection, and
pruning. Projects must be conducted on non-federal public land or tribal community property.
Species diversity, native species and site limitations should be considered when planning a project.
Highest priority will be given to projects that demonstrate correct urban forestry principles, and are
conducted in highly visible areas. Additional consideration for funding shall be given to smaller, rural
communities or underserved neighborhoods in larger cities.
Total grants in category 2 (site specific tree planting projects) will not exceed 20% of available state
funds. All plant materials must meet the Division of Plant Industry's standards for a Florida Grade # 1
specimen or be of equivalent or better quality. Proposals must include a three (3)-year
maintenance plan at the grant recipient's expense. Maintenance costs incurred after certification
by the Division of Forestry are ineligible for reimbursement. A resolution signed by the owner of the
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
property must be included in the proposal packet which states that they concur with the proposal.
A Grant Maintenance Memorandum of Agreement must be signed by the grant recipient if
awarded a grant. No more than ten percent (1017o) of the grant funds may be budgeted for
personnel costs in this category.
Subcategories:
Demonstration tree/palm plantina projects on Public. Property- - for the development and
installation of tree/palm planting projects which demonstrate proper urban forestry principles.
Projects can demonstrate "right tree - right place" principles, utility line compatibility with
appropriate species, energy conservation considerations, improvement of entranceway or
gateway beautification, street tree plantings, park tree plantings or tree planting for the
encouragement or support of economic development. Funds may only be used for purchase
and planting of trees/palms. Purchase and planting of shrubs and ground covers (not sod) In
conjunction with the tree planting may only serve as a matching cost, and as such cannot be
reimbursed.
The maximum grant award for demonstration tree planting is $10,000. 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.
a. Tree Planting Re uirements:
1. Trees/palms (including those planted as part of the local match) must be Florida
Grade 41 or equivalent (Florida Division of Plant Industry, Grades and Standards).
2. Trees may not exceed a 4-inch caliper. Palms may not be taller than 16 feet, clear
trunk.
3. Minimum tree size is 1 and 1 /2 inch caliper, in at least a 15 gallon container.
4. At least three tree species native to the area and suitable for the site and objective
must be planted.
5. Up to ten percent (10%) of the grant award may be used for the purchase and/or
installation of irrigation equipment or an irrigation system, or for supplemental
watering during the 60 day grow -in period.
6. Trees listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's Invasive
Species may not, be planted as any part of this grant program; the list may be
found on the internet at www.fler)r)c.org.
7. Maximum allowable cost per tree or palm is $375.00 charged to the grant and
$125.00 charged as match for purchase and planting.
8. Written approval is required (as part of the proposal) from the Florida Department of
Transportation for planting and maintenance on any state right-of-way.
9. Eligible multi -stemmed tree species include only those listed on the Right Tree/Right
Place posters produced by the Florida Urban Forestry Council, unless Division of
Forestry permission is granted for other species.
10. A maximum of $12.00 per tree may be spent on planting materials during the 60
day row -in period -only.
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
11. Up to ten percent (10%) of the grant award may be spent on site -preparation costs
directly related to the tree planting.
12. Successful applicants may rent equipment with which to plant the trees or palms.
The maximum allowance is ten percent (10%) of the grant award.
13. Proposals must include: (a) 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, (b) a location map, and (c) a minimum of
three color photographs of the planting site.
b. Demonstration tree protection projects - for the development and installation of a
demonstration tree protection project. Funds are for the purchase of materials, rental
equipment, labor costs for installation and associated interpretive (educational)
materials. The maximum grant award for a tree protection demonstration is $10,000.
C. Demonstration maintenance projects - for the demonstration of correct tree
maintenance techniques (pruning, fertilization, lightning protection, etc) that improve
Urban and Community forests. Practices must be performed according to ISA standards.
The maximum grant award for Demonstration maintenance projects is $10,000.
Category 3: Nonprofit Administration
Qualified -Applicants: Nonprofit Organizations
This category provides funding for personnel costs only and is intended to help volunteer groups,
nonprofit organizations, and volunteer tree advocacy groups become more effective in their ability
to support and promote local tree management programs. Primary emphasis will be on assistance
with administrative staffing and funding that will allow the organization or group to improve and/or
develop Urban and Community Forestry programs through citizen involvement. A resolution or letter
from the president (or a representative authorized to enter into contract agreements) must be
included in the proposal packet stating their concurrence with the proposal. Six-month progress
reports will be required for the duration of the grant. Maximum grant allocation in this category is
$20,000.
Subcategories:
Staffing - for the employment of additional staff member(s) or to increase the number of hours
of an existing local program manager or administrator on the staff of a local non-profit
volunteer group.
2. Student internships - for the employment of an intern student in Urban and Community Forestry
(or another related field of study) to assist with the development or improvement of an Urban
and Community Forestry program.
For both categories, funding is limited to three grant years, and funding is not guaranteed from one
year to the next. The second year funding is limited to $15,000, and the third year $10,000. The
narrative should include specific activities that this position will accomplish during the grant period.
The proposed goals and activities of these staff members must be consistent with the goals of this
grant program.
Category 4: Information and Education
Qualified Applicants: Local Governments, Native -American Tribal Governments, Nonprofit
Organizations and Educational Institutions
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 cs 2:00 PM
This category is provided to encourage local governments, nonprofit organizations, and educational
institutions to purchase or produce information and education materials (leaflets, newsletters,
handbooks, videos) for distribution to the general public, or to cost -share seminars, training sessions
and workshops on Urban and Community Forestry topics. The emphasis here is on informing and
training the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and
Community Forestry technology transfer). The maximum grant award for this category is $10,000,
and the minimum $2,000. Up to 10% of the awarded grant funds can be used for reimbursement of
In-house staff time devoted to execution or oversight of these projects. Additional staff time can be
used as match.
Subcateaories:
1. Educational programs - for the exhibition, purchase or development of materials for the benefit
of public education in Urban and Community Forestry.
2. Arbor Day Programs - for the development, planning, advertising and organizing of a local
Arbor Day Program.
3. Workshops/Trainina Sessions/Conferences/Seminars - for the support and organization of
public programs which benefit Urban and Community Forestry. Costs may cover mailing,
speaker's travel expenses, audio/visual equipment rental and related expenses.
4. Youth programs - for the development and production of Urban and Community Forestry
Programs which will involve/benefit young people, K through college level.
5. Public service materials - (PSA development) - for the development of or purchase of public
service programs, videos, slide shows, or web -based products which educate the public in
principles of Urban and Community Forestry. These may include expenditures for paper,
production costs, equipment rental or other accessories (excluding the purchase of camera or
other video equipment).
6. Volunteer training - for the development, production and presentation of an Urban and
Community Forestry Training Program to interested volunteers, individuals or organizations.
7. Brochures and Web Page Development - for the purchase of existing technical brochures or
the design, development, production or mailing of an educational or informational brochure
or web page stressing the importance of any aspect of Urban and Community Forestry and
the principles involved. Those desiring brochures are encouraged to utilize existing brochures, if
brochures exist, and apply for funding for the purchase and distribution of brochures.
8. Exhibits - for the purchase of or design, development and construction of an
educational/informational exhibit which promotes the principles of Urban and Community
Forestry.
9. Wildfire Safety/"Fire Wise" Promotion - for design and development of materials, brochures,
Public Service Announcements (PSAs), workshops or meetings that promote Fire Safety or the
"Fire Wise" message in high wildfire risk communities in the Wild land/Urban Interface.
SELECTION CRITERIA
The U&CF Grant Coordinator shall review and determine the completeness of the proposal. The
following criteria must be met before the grant proposal may be determined to be complete:
1. The proposal must contain all the requested information and be legible and understandable.
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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. Late proposals, email transmissions, and fax transmissions shall not be accepted or considered.
Unsigned proposals will be ruled ineligible.
PROPOSAL EVALUATION CRITERIA
The U&CF Subcommittee shall develop a prioritized list of all proposals which the U&CF Grant
Coordinator has determined to be complete.
1. The U&CF Subcommittee shall evaluate each proposal based upon how well the proposal
meets the purpose of the grant program. Maximum possible points: 150 points, including bonus
points. A minimum score of 90 points is required to be considered eligible for funding.
2. Scoring of proposals is based upon the following prioritized and weighted attributes:
a. Previous U&CF Grants_ Received - 20 points maximum.
Highest score will be given to first-time applicants whose proposals will help to initiate or
enhance their community forestry program, and communities with populations of less
than 35,000 inhabitants. Applicants that are applying to continue the second year of a
grant -funded staff position will receive 15points. Other applicants will have five points
deducted from their maximum score for each grant approved in the past three years,
including ARRA grants.
b. Urban Forestry Program Development - 20 points maximum.
Highest score will be given to proposals that provide documentation indicating that the
proposal (applicant) is enhancing its capacity to build a sustained program and/or
address urban and community forestry needs. The current state of the applicants' urban
forestry program will be considered, as well as the project's potential to improve that
program, as well as citizen awareness and participation.
C. Demonstrated Need - 20 points maximum.
Highest score will be given to proposals that demonstrate an economic need for cost -
share dollars, in particular, smaller, rural communities or underserved neighborhoods in
larger cities.
d. Well -Defined Goals and Ob ectives - 15 points maximum.
Highest score will be given to proposals that clearly state goals and objectives that will
expand/complement existing U&CF efforts, as defined above under program
development.
e. Technical Correctness -15 points maximum.
Highest score will be given to proposals which include competent project supervision,
adherence to tree planting and other practice specifications, and knowledge of how to
implement the practice they are proposing.
f. Environmental or Educational Value - 10 points maximum.
Highest score will be given to proposals that will either contribute multiple environmental
benefits to the community or educate a significant sector of the public or local
professional community.
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 Cup 2:00 PM
g. Cost Effectiveness - 10 points maximum.
Highest score will be given to proposals that will clearly maximize results with the efficient
use of grant dollars, clearly describe how funds will be expended, and adhere to the cost
parameters listed in this RFP. Including written estimates will enhance this score.
h. Level of Community Involvement or Support - 10 points maximum.
Highest score will be given to proposals that provide documented community support,
involve partnerships with private industry, volunteer groups or local governments, and
encourage continued citizen involvement in the local urban forestry program. At least
three letters of endorsement from the local community are recommended.
Promotional Value - 5 points maximum.
Highest score will be given to proposals which have a high potential for positive public
relations, where the applicant indicates a strategy for publicizing the project.
Completeness of Proposal - 5 points maximum.
Highest score will be given to proposals which are complete, include all of the required
attachments, and provide a detailed explanation of the proposal.
In addition to the above the following will be considered for bonus scoring during the evaluation:
(15 point maximum)
k. Tree City USA certification -- 5 points.
Indicates a community's commitment to sustaining their urban forestry program.
Tree City Growth Award Recipient - 5 points.
Community demonstrates a sustained commitment to its urban forestry program.
M. Proposal specifies a Certified Arborist(s) or a araduate forester from an accredited four
vear Bachelor of Science In Forestry oroaram will be involved in protect implementation --
5 points.
Indicates a community's commitment to the proper implementation of urban forestry
practices.
n. New partnership established for project - 5 points.
Demonstrates a community's commitment to pursue alternative resources.
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
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.myflorido.com, click on
Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid
System, Search Advertisements. The 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.
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BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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 some time, suggestions will be provided
for ways they can improve their chances of being awarded an Urban and Community Forestry
Grant in the future.
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)
A grant under this program will not be awarded until a Grant Memorandum of Agreement has been
fully executed between the Department and the Applicant.
The Grant Memorandum of Agreement (Attachment 1) shall detail the responsibilities of the
applicant, a schedule and the terms of payment for the project.
2. The Maintenance Memorandum of Agreement (Attachment J), if applicable shall detail the
responsibilities for maintenance of any areas landscaped or improved by the proposed
project. This applies only to projects in which grant funds are used to plant trees.
EXECUTION OF AGREEMENTS AND DOCUMENTS
Upon notification of a Grant Award, the following shall take place:
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 execution of a grant Memorandum of Agreement
could be delayed for some time until federal funding is received. They should schedule their
projects accordingly. No costs to be charged against the grant or counted as match can be
Incurred before the MOA is executed.
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.
f. Maintenance responsibilities for trees planted as part of the grant program.
21
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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 (Attachment L) showing the status of the project is due December 31, 2011, and
shall be due quarterly until project completion.
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 1, 2012. All reimbursement claims must be submitted
by September 15, 2012.
FUNDING SOURCE
Grant awards are 100% funded by the federal government through the U.S. Forest Service. These
funds are nationally authorized by the 1995 Farm Bill. For fiscal year 2011, the Florida Division of
Forestry has allocated an estimated $300,000 of the funds that we anticipate receiving 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 to regions based on population (see Attachment N). FDACS reserves
the right to transfer surplus funds from one region of the state to another 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 50/50 match is required (5076 grant/50% 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
A-87 State and Local Governments
A-122 Non -Profit Organizations
These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmi or you can
request a copy from the U&CF Grant Coordinator.
Purchases by the grant recipient of $2,500 to $35,000 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
$35,000. 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.
22
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
The maximum allowable assessment for in -kind match for general volunteer labor (non-professional)
is $15.00 per hour. Salaried or hourly employees working in the some job class may use their current
salary and benefit rate for match purposes.
METHOD OF REIMBURSEMENT
Reimbursements can be made on a quarterly basis, if requested. No advance payments will be
provided. Applicants must submit a completed reimbursement summary sheet to the Department
with sufficient attachments to verify the claims made. These may include invoices, receipts,
canceled checks, payroll log sheets, etc. FDACS will submit the claim for payment. No more than
75 percent of the grant amount will be paid to the Grantee prior to the submission of a completed
Certification of Acceptance endorsed by the Department.
The final payment shall be made once the following documents are received:
• Certification of Acceptance endorsed by a Division of Forestry official.
• Final Reimbursement Summary Sheet with attached backup documents.
• Final Report - brief narrative summarizing project accomplishments.
• News release to be submitted to a local publication crediting the US Forest Service for
providing funding.
• Letter to US Congressional representative describing the benefits received from the grant.
Upon receipt of these items in the Tallahassee Division Office, the Department will submit the claim
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).
ANY WORK PERFORMED ON THE PROJECT AND/OR ANY EXPENDITURES MADE PRIOR TO EXECUTION OF
A GRANT AGREEMENT AND WRITTEN AUTHORIZATION FROM FDACS, DIVISION OF FORESTRY, IS
INELIGIBLE FOR REIMBURSEMENT.
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 I and J) 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.
A quarterly interim progress report 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.
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."
23
BID NUMBER: RFP/DF-10/1 1 -30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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, 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 CATEGORY TWO 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.
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
FOR EXPENDITURE OF FEDERAL FUNDS
Any person submitting a response to this bid MUST execute the enclosed form DACS-01522,
CERTIFICATION REGARDING LOBBYING AND DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS FOR EXPENDITURE OF FEDERAL FUNDS, and enclose it with his/her bid or proposal (see
Attachment C). The certification for Lobbying is required by 7 CFR Part 3018 for expenditures
$100,000 and above. The certification for Debarment and Suspension and Other Responsibility
Matters is required by 7 CFR Part 3017 for expenditures $25,000 and above. (Attachment C,
Certification Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters for
Expenditure of Federal Funds must be completed and returned as part of this contract.)
24
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
DRUG -FREE WORKPLACE
Preference shall be given to the proposal certifying a drug -free workplace (see Attachment P) has
been implemented in accordance with Section 287.082, Florida Statutes. Whenever two or more
equal proposals are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a proposal received from a business that certified that it has
implemented a drug -free workplace shall be given preference in the award process. Established
procedures for processing a tie proposal will be followed if none of the tied vendors have a drug -
free workplace program.
CERTIFICATION OF NO CONFLICT OF INTEREST
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. Award will 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 low 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.
AWARD OF IDENTICAL (TIE) PROPOSALS
In the event that identical proposals are received, preference shall be given to the proposal
certifying a drug -free workplace has been implemented in accordance with Section 287.087, F.S.
Award shall be determined by using the number of valid vendor complaints on file or by lot; except
that the proposal which related to commodities manufactured within this State shall be given
preference and the proposal of any foreign manufacturer with a factory in the State employing over
200 employees working in the State shall have preference over the proposal of any other foreign
manufacturer.
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 O, List of Division of Forestry
District/Center Contacts), or to:
25
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
Urban Forestry Program Coordinator, Division of Forestry
Florida Department of Agriculture and Consumer Services
3125 Conner Boulevard, Room 274
Tallahassee, FL 32399-1650
Telephone (850) 921-0300
Questions regarding procedures for submittal of proposals should be submitted to:
Christie Hutchinson, Purchasing Director
Department of Agriculture and Consumer Services
Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 671-7181
Email: christie.hutchinson@freshfromflorido.com
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.
There will be Applicant Workshops held at various locations throughout the state. Attendance at the
workshops is required for first-time applicants. Attendance at the grant workshops will be considered
during the scoring and ranking to submit a proposal. The purpose of each session is to discuss the
requirements of the proposal. Oral questions will be accepted during the workshops by the Division
of Forestry staff. The answers to any oral questions shall not be binding.
SCHEDULE OF EVENTS
January 20, 2011 Notification of Availability of Request for Proposal mailed to all potential
applicants. RFP is available for download at www.mvflorida.com and
www.l i• do l .<_om.
March 18, 2011 @ Sealed proposals in response to RFP must be received by FDACS Purchasing
2:00 P.M. office.
April 2011 Evaluation of proposals.
May 20, 2011 Posting of Award on the Florida Bid System at http://myflorido.com, click
on Business, Doing Business with the State of Florida, Everything for Vendors
and Customers, Vendor Bid System, Search Advertisements. The 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.
June 2011 Expected grant agreement (contract) execution and authorization to begin.
December 31, 2011 First quarterly Interim report due.
July 1, 2012 Deadline for submitting request for no -cost time extension.
September 1, 2012 Contract ending date.
September 30, 2012 Deadline for final reimbursement claims.
26
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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 bid 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 .02740 percent per day
shall be due and payable, in addition to the invoice amount, to the vendor. Payments to health
care providers for hospital, medical or other health care services, shall be made not more than 35
days from the date eligibility for payment is determined, and the daily interest rate is .03333
percent. Interest penalties of less than one (1) dollar shall not be enforced unless the vendor
requests payment. Invoices which have to be returned to a vendor because of vendor
preparation errors shall 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 payments(s) from a state agency. The Vendor Ombudsman may be
contacted at (850) 413-5516 or by calling the Department of Financial Services Consumer Hotline
at 1-877-693-5236 or (850) 413-3030.
27
BID NUMBER: RFP/DF-10/11-30
OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT B
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONFLICT OF INTEREST STATEMENT
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
28
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT C
Department of Agriculture and Consumer Services
Division of Administration
CERTIFICATION REGARDING LOBBYING:
* DEBARMENT, SUSPENSION AND OTHER
ADAM H. PUTNAM RESPONSIBILITY MATTERS
COMMISSIONER FOR EXPENDITURE OF FEDERAL FUNDS
LOBBYING
As required by 7 CFR Part 3018, for persons entering into a contract, grantor cooperative agreement over $100,000 involving the expenditure
of Federal funds, the undersigned certifies for itself and its principals that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence and officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a
Member of Congress, in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
PRINTED NAME/TITLE OF REPRESENTATIVE
SIGNATURE OF REPRESENTATIVE/DATE
CONTRACT/PURCHASE ORDER NUMBER
DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS
As required by 7 CFR Part 3017, for persons entering into a contract, grant or cooperative agreement over $25,000 involving the expenditure
of Federal funds, the undersigned certifies for itself and its principals that:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by
any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of
any offenses enumerated in paragraph (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State or local) terminated for
cause or default; and
Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
PRINTED NAM
OF REPRESENTATIVE CONTRACT/PURCHASE ORDER NUMBER
SIGNATURE OF REPRESENTATIVE/DATE
DACS-01522 03/09
29
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT D
FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2011
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are
applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All
attachments must be 8 1 /2" X 1 I", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 1 /2" X 11 ". Six (6) copies (one copy with original signatures and five
copies) of the proposal packet including the proposal form, the project description and all attachments
must be received no later than 2:00 p.m., March 18, 2011, at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2011 PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 617-7181
If you have any questions, please see ATTACHMENT O, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title:
Proposer Name:
Name and Title of Contact Person:
Address:
Zip:
FEID Number
Phone:
US Congressional District Number:
Is your organization a Non-profit corporation pursuant to Chapter 617, Florida Statutes?
Yes No
If the applicant is a city or county government, does your urban forestry program have the following:
Professional Staff, in-house or contracted. List qualifications such as ISA certification, forestry degree,
etc
Citizen Tree Advisory Board or Tree Advocacy Group. Describe:
Urban Tree Inventory or Management Plan, how current?:
Tree Ordinance covering either public or private lands, describe:
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:
30
Date:
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
(two page limit, #12 font, single-space)
Urban and Community Forestry Grant Proposal
Describe the local community and current urban forestry program, and role of applicant in that
program if a non-profit group:
Previous U&CF Grants received by the applicant. When were they implemented and what did they
accomplish?
Describe the goals and objectives of this project:
Describe how this project will help to develop and improve this program in the long-term:
Describe why these funds are needed to complete this project:
For a tree planting: Describe what species are being planted and why. How will they be installed
and maintained (be brief and concise, but complete):
What environmental or educational value will the community derive from this project?
What steps have been taken to carry out this project in a cost effectiveness manner?
How will this project increase citizen involvement and support for the Community's Urban Forestry
program in the long term? What evidence of community support for this project can be produced?
How will this project be publicized in the local community?
Tree City USA certification and growth award, last year current?
Will a Certified Arborist(s) or a graduate forester from an accredited four -year Bachelor of Science
in Forestry program oversee this project? If not, who will provide oversight and what are their
credentials?
What new partnerships will the project create or encourage?
31
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT E
BUDGET
Activity:
Specific Description:
SUMMARY OF COSTS (A 50/50 match on behalf of the Proposer is required)
REQUESTED GRANT $ LOCAL MATCH $
1 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)
Grant request
Add columns I and II for total III (100%)
A BUDGET 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:
Email Address:
32
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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
0i
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
COST ITEMS
QUANTITY
RATE OR PRICE
GRANT COST
MATCH COST
E uy iRment
(List items)
Supplies
(List items)
34
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
COST ITEMS
QUANTITY
RATE OR PRICE
GRANT COST
MATCH COST
Operatina 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.
35
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
Please Note:
The enclosed example of a completed application was chosen
to be included because the applicant was especially thorough
in providing the requested information, and applied for a
number of practices that can be used as examples by other
applicants. They also submitted their narrative in outline format,
in order to ensure that they had included all of the information
that the reviewers would consider. However, a paragraph
format is acceptable for the narrative if it contains sufficient
information.
W
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT F
EXAMPLE
FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2007
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are
applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All
attachments must be 8 1 /2" X 1 1 ", except any attached sketches, plans and maps which must be no larger
than 2' X 3' and folded into 8 1 /2" X 1 1 ". Six (6) copies (one copy with original signatures and five copies) of
the proposal packet including the proposal form, the project description and all attachments must be
received no later than 2:30 p.m., March 30, 2007, at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2007 PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see Attachment O, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title: Windermere Urban Forestry Proclram
Proposer Name: Town of Windermere, FL, Inc. _
Name and Title of Contact Person: Cecilia Bernier, Town Mana er
Address: 614 Main Street P.O. Drawer 669, Windermere Florida
Zip: 347 6 Phone: (_407_) 876-2563
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes - No X
FEID Number
US Congressional District:
If the applicant is a city or county government, does your urban forestry program have the following:
Professional Staff, in-house or contracted. List qualifications such as ISA certification, forestry degree, etc:
Janet Maland tree board chairman has an ISA certification and co r inates most activities.
Citizen Tree Advisory Board or Tree Advocacy Group. Describe: Active tree board chaired by Janet Maland
Urban Tree Inventory or Management Plan, how current?: One will be grepared using this grant
Tree Ordinance covering either public or private lands, describe: Enacted In 2002, currently under revision.
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: Cecilia Bernier
Title: Town Manager
Signature: Date: _ 01126/07
37
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT F (CONTINUED)
PROJECT DESCRIPTION
(two page limit)
Urban and Community Forestry Grant Proposal
Describe the local community and current urban forestry program, and role of applicant In that program If a
non-profit group: Windermere is a heavily wooded community with a population of 2,329. An urban forestry
program has existed in Windermere for ten years, under the leadership of a volunteer Tree Board.
Previous U&CF Grants received by the applicant. When were they Implemented and what did they accomplish?
The Town of Windermere is a first time applicant.
Describe the goals and objectives of this project:
1. Conduct a Tree Inventory, including data maintenance, personnel and training (Contract). Establish
baseline data, including tree health and recommended maintenance actions.
2. Establish and initiate an Urban Forest Management Plan (Contract).
a. Develop and document a long-term strategy and process for managing our urban forest.
b. Provide a comprehensive Planting Plan, based on gaps identified during the inventory.
Describe how this project will help to develop and improve this program In the long-term: The U&CF Grant
provides a strategic opportunity to significantly move Windermere's Urban Forestry program forward. The Tree
Board, for over ten years, has recommended a comprehensive urban forest management program, with
emphasis on a public -land tree inventory. A public -land tree inventory is the cornerstone of this multi -faceted
project. The Town has solicited bids to perform an initial tree inventory to provide baseline data (location,
health, maintenance required) and an assessment of hurricane damaged canopy. An ISA certified arborist will
supervise the inventory and will provide continuing support and consultation (Contract). The management plan
will: (a) detail recommended management practices, (b) provide guidance for the town manager and
maintenance supervisor in allocating tree maintenance resources, (c) provide a recommended Planting Plan
(location, species, size), and (d) document the inventory and required maintenance. (Contract)
Describe why these funds are needed to complete this project: To date, sufficient funding has not been
available for this project. A small town with a small tax base needs to seek external sources of funding for
projects.
For a tree planting: Describe what species are being planted and why. How will they be installed and
maintained (be brief and concise, but complete): N/A
What environmental or educational value will the community derive from this project? Environmental benefits
include (a) removal of hazard trees, (b) corrective pruning/crown thinning of Town trees, (c) planting to replace
losses and increase canopy and species diversity. An intensive public education program will raise community
awareness of eco-forestry integrity. A highlight will be Art in the Park, which will feature activities,
demonstrations, and dissemination of information to provide: (a) an overview of this Grant program and the
resulting urban forestry management plan, (b) education on a recent Town ordinance requiring use of low
phosphorous fertilizers, and (c) training on tree planting, pruning, and preservation. Other educational activities
include several Nature Education Series presentation, updates on trees and Tree Board to the public and
Council at Town Council meetings, and the Windermere Rotary Spring Festival Tree Adoption Program.
What steps have been taken to carry out this project in a cost effectiveness manner? Funding will take
Windermere's Urban Forest Program to a new level. Budget limitations have restricted tree replacements, and
tree losses have outstripped new planting. With limited dollars available in these areas, a comprehensive urban
forestry management program is critical in allocating resources most efficiently. Baseline inventory data will be
used for strategic deployment of resources in the areas of (a) health maintenance of existing forest and (b)
appropriate planting locations (right tree right place). The grant will increase funding to a level that will allow for
proactive rather than reactive maintenance expenditures.
38
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
How will this project increase citizen involvement and support for the community's urban forestry program In the
long term? What evidence of community support for this project can be produced?
Documentation of community support is seen in the Town resolution of grant support (Attachment. F) and in
letters of support from Windermere residents (Attachment. J.a6-J.10). The volunteer Windermere Tree Board has
received support for urban forest management from the Town Council, Windermere Rotary, Windermere
Garden Club, Progress Energy, Watershed Action Volunteers, Windermere Land and Tree, Inc., Boy Scout Varsity
Troop #225, Biosphere Consulting, Henry Nehrling Society and Butler Chain Conservation Association to develop
this program. Support from the Town Council is seen in the local dollars (matching funds) allocated to this effort.
How will this project be publicized in the local community? Windermere is already recognized as one of the
most beautiful locales in Central Florida. The Tree Board will publicize the positive effects of funding from the
U&CF Grant Program. Information will be disseminated at Tree Board Events, to local newspaper ("Mere News,
West Orange Times), television (Channel 13 Upcoming Events), and in local schools and churches.
Tree City USA certification and growth award, last year current: Growth award for 9 years.
Will a Certified Arborist(s) or a graduate forester from an accredited four -year Bachelor of Science in Forestry
program oversee this project? If not, who will provide oversight and what are their credentials? The tree
inventory, Urban Forestry Management Plan, and remedial/restorative maintenance plan will be supervised by
Certified Arborists (contract requirement).
What new partnerships will the project create or encourage? With the funding of this project, the Town of
Windermere will enter into new partnerships with (a) Progress Energy, who has agreed to cooperate in an
easement reforestation effort (Demonstration), and (b) local artists, who will participate in Art in the Park
(Culture).
39
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT G
EXAMPLE
BUDGET
Activity: Local Government Program Development I Improvement
Specific Description: Tree Inventory/Master Plan_
SUMMARY OF COSTS (A 50/50 match on behalf of the Proposer is required)
REQUESTED GRANT $ LOCAL MATCH $
1 II
Contractual costs 17,500 17,500
Personnel costs 0
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (1)
Total Matching Costs (11)
Total Program Costs (III)
Add columns I and II for total III (100%)
1,500
$ 19,000
$ 38,000
100%
0
1,500
19,000
50 % Grant request 50 % Local match
A BUDGET, DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED.
PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable)
County Orange
Describe the Specific Location of the Project: Windermere, FL
Who has Maintenance Responsibility for the Property (Category 2 Grants)?
Cecilia Bernier, Town Manager
Is the Land Ownership Public or Private? Public
Name of Landowner: Town of Windermere, FL, Inc.
Project Title: Windermere „U r!2an Forestry Program
Proposer Name: Town of Windermere
40
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
BUDGET (CONTINUED)
EXAMPLE
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
V)
M
M
Contractual
(Description)
Tree Inventory w/
GIS Mapping (1 B)
1 ea
33,200
16,600
16,600
OF Management
Plan (1 C)
1 ea
1,800
900
900
SUBTOTAL
35,000
17,500
17,500
Personnel
(list titles or
positions)
Inventory/GIS
Coordinator (1 F)
Certified Arborist
(Training) (1 F)
SUBTOTAL
Travel
Trees FL Conf.
& other training
(I F)
SUBTOTAL
Ell
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
#
M
M
M
Eauipment
(list items)
Inventory/GIS
Computer System
1 ea
3,000
1,500
1,500
(Hdw & S/W)(1 H)
SUBTOTAL
11500
1,500
Supplies*
(list items)
SUBTOTAL
Operating Costs (list)
none
SUBTOTAL
42
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
Trees
(list species and
size)
SUBTOTAL
Overhead**
Total
$19,000
$19,000
* 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.
43
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT H
URBAN AND COMMUNITY FORESTRY GRANT
RESOLUTION 00-1,23
A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY
FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY
WHEREAS, trees are an important part of our community; and
WHEREAS, the City of Hometown desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program, and
WHEREAS, the City of Hometown desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Hometown wishes to enter into an Urban and Community Forestry Grant
Memorandum of Agreement between the City of Hometown, Florida and the Florida
Department of Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED by the City council of Hometown, Florida:
Section 1. The City Council supports the development of a citizen forester program to allow
continuation of the city's tree planting program.
Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and
Community Forestry Grant Memorandum of Agreement between the City of Hometown, Florida
and Florida Department of Agriculture and Consumer Services.
INTRODUCED, PASSED AND ADOPTED THIS THE 10T" DAY OF JUNE, 2000.
L•l'1
ATTEST:
Mayor
City Clerk
44
APPROVAL AS TO FORM:
City Attorney
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT I
EXAMPLE
URBAN AND COMMUNITY FORESTRY (U&CF)
GRANT MEMORANDUM OF AGREEMENT
This Agreement, made and entered into this the day of , 20 by and
between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter
called the "Department" and the City of Dania Beach, hereinafter called the "Contractor."
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and community
forestry by awarding funds to the Contractor for the specific project set forth in grant application Number 08-06,
included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the six digit Department of Management Services' class/group code commodity catalog
control number is 991-365,
WHEREAS, the Department and the Contractor are of the opinion that the citizens of the state would
benefit from the implementation of urban and community forestry projects that improve our communities
through the proper care of trees and related plant materials;
WHEREAS, the Contractor by Resolution No. 2008-070, dated April 23, 2008, has indicated its support of
the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows:
A. Failure by the Contractor to sign and return this agreement, within 60 days upon receipt of the
agreement, shall constitute forfeiture of the award.
B. The contract is valid upon execution through September 30, 2009.
C. The Contractor has estimated the project cost to be $20,000 as shown on the grant application budget
sheet attached as Exhibit B. The Department agrees to reimburse to the Contractor the total sum of
10 000 or fifty percent (50%) of the final approved project costs, whichever is less (the "Grant Amount").
The Grant Amount is limited to only those items which are directly related to this project as described in
Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any
other source are not eligible for funding under this grant.
D. The Contractor agrees to maintain plant materials established as a part of the project for a period of three
years and enter into an agreement which designates and sets forth the duties and responsibilities of the
parties in maintaining the project.
E. The project to be performed by the Contractor shall be subject to periodic inspections by the Department.
The Contractor shall not change or deviate from the project without written approval by the Department.
F. The Contractor agrees to submit to the Department an interim report on project accomplishments
quarterly (September 30, 2008, December 31, 2008, March 31,2009, June 30, 2009, etc.). Failure to
submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of
this agreement.
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided.
Applicants must submit a completed reimbursement summary sheet to the Department with sufficient
attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll
log sheets, etc. No more than 75 percent of the grant amount will be paid to the Contractor prior to the
submission of a completed Certification of Acceptance endorsed by the Department.
The final payment shall be made once the following documents are received:
(1) Certification of Acceptance endorsed by a Division of Forestry official.
(2) Final Reimbursement Summary Sheet with attached backup documentation.
(3) Brief narrative summarizing project accomplishment.
(4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing
funding.
(5) Letter of appreciation to the local congressional representative.
For installed plant materials, a sixty (60) day grow -in -period will be required after project completion.
Certification of Acceptance by the Department may be requested sixty (60) days after project completion.
H. The Contractor must submit the final claim for reimbursement to the Department on or before November
15, 2009.
I. The Contractor acknowledges and agrees that public use of all reports or other printed material, videos,
audio recordings, films and photographs produced as part of this project shall not be restricted under the
copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by
the Urban and Community Forestry Grant must display a statement that the material has been prepared
using Urban and Community Forestry grant funds received through the U.S. Forest Service.
Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and
approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the
exception of payments to health care providers for hospital, medical, or other health care services, if payment is
not available within 40 days, measured from the latter of the date the invoice is received or the goods or
services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer
pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To
obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing
Office at (850) 488-7552. Invoices returned to a Contractor due to preparation errors will result in a payment
delay. Invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof. Expenses associated with travel and per diem are not eligible.
Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or
written record of telephone quotations or informal bids to be opened upon receipt, whenever practical.
Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for
a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in
46
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-
5516 or by calling the Department of Financial Services' Hotline, 1-850-410-9724.
This Agreement may be terminated under any one of the following conditions:
A. The Department may terminate this contract at any time in the event of the default or failure of the
Contractor to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for
herein, the Department shall provide thirty (30) calendar days written notice of default and shall provide
the Contractor the opportunity to cure such failure or default within said thirty (30)) day period. Upon the
failure or inability to cure, the Department shall have all rights and remedies provided at law or in equity,
including without limitation the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the
Contractor.
2. Disallow all or part of the cost of the services not in compliance.
3. Wholly or partly suspend or terminate this contract.
B. The Department shall have the right of unilateral cancellation for refusal by the Contractor to allow public
access to all documents, papers, letters or other material made or received by the Contractor in
conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
C. , By either party following sixty (60) calendar days written notice.
In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant
Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been
completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of
the Grant amount equal to the percentage of the project's completion.
Extension of a contract for contractual services shall be in writing for a single period only, not to exceed
six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall
be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion
of the contract is due to events beyond the control of the Contractor. If initially competitively procured,
contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a
period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual
services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract.
Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs
may not be charged by the Contractor.
It is mutually understood and agreed that this contract is:
A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as
provided in Section 287.0582, Florida Statutes.
B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services).
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids
5YA
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
The following provisions of A through K are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes, which may be applicable to and binding upon Recipient. Nonstate entity means
a local governmental entity, nonprofit organization, or for -profit organization that receives state resources.
Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding
agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess
of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project -specific
audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the
Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for -profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state
financial assistance awarded through this Department resource by this agreement. In determining the
state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state
financial assistance, including state financial assistance received from this Department resource, other
state agencies, and other Nonstate agencies. State financial assistance does not include Federal direct
or pass -through awards and resources received by a Nonstate entity for Federal program matching
requirements.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by
independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local
governmental entities) or 10.650 ( nonprofit and for -profit organizations), Rules of the Auditor General.
D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not
exempt a Nonstate entity from compliance with provisions of law relating to maintaining records
concerning state financial assistance to such Nonstate entity or allowing access and examination of those
records by the state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the
Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must
meet terms and conditions specified in this written agreement with the state awarding agency. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the
audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from
the Recipient's resources obtained from other than state entities).
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F.S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying with
the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records
48
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
demonstrating its compliance with the terms of this agreement for a period of three years from the
date the audit report is issued, and shall allow the department of Agriculture and Consumer
Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any state agency Inspector General, the Auditor General, or any
other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with
the requirements of Section 215.97, F.S. The financial reporting package means the non -state
entities financial reports, management letter, auditee's written responses or corrective action plan,
correspondence on the follow-up of prior years corrective actions taken, and such other information
determined by the Auditor General to be necessary and consistent with the purposes of Section
215.97, F.S. Copies of the financial reporting package required by this agreement shall be
submitted by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(b) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
G. Any reports, management letters, or other information required to be submitted to the Department of
Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance
with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor
General access to such records upon request. The Recipient shall ensure that audit working papers are
made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon
request for a period of five (5) years from the date the audit report is issued, unless extended in writing by
the Department.
The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with
laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the
Reference Guide for State Expenditures (DFS).
The Recipient agrees that this agreement may be charged only with allowable costs resulting from
obligations incurred during the term of this agreement.
K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be refunded to the state.
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
The following provisions of A through H are applicable regarding the administration of resources provided by
the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or
local government or a nonprofit organization as defined in OMB Circular A-133, as revised.
A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the
Recipient must have a single or program -specific audit conducted in accordance with the provisions of
OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded
through this Department by this agreement. In determining the Federal awards expended in its fiscal
year, the Recipient shall consider all sources of Federal awards, including Federal resources received
from this Department. The determination of amounts of federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient
conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will
meet these requirements.
B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with provisions of OMB Circular A-133, as revised, the cost of the audit must be
paid from the non-federal resources (i.e., the cost of such an audit must be paid from the Recipient
resources obtained from other than Federal entities).
D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A-
133, as revised, by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
(b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse) at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(c) Other federal agencies and pass -through entities in accordance with Sections .320(c) and (0, OMB
Circular A-133, as revised.
E. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following
address:
50
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
The Department of Agriculture and Consumer Services
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
F. Any reports, management letters, or other information required to be submitted to the Department of
Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance
with OMB Circular A-133, as revised.
G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer
Services for audits done in accordance with OMB Circular A-133, as revised, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department of Agriculture and Consumer Services, or its designee, Chief Financial
Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit
working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor
General upon request for a period of five (5) years from the date the audit report is issued, unless
extended in writing by the Department.
It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this
contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set
forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the provisions of this contract shall be deemed to be substituted for the state
agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and
delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite
205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850) 942-7832.
It is expressly understood and agreed that any articles which are the subject of, or required to carry out,
this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the
same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for
the purposes of this contract the person, firm, or other business entity carrying out the provisions of this
contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are
concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises,
Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of
Florida, 12425 281h Street, North, Td Floor, St. Petersburg, Florida 33716, telephone number (727) 572-1987.
The Contractor is informed that a person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or
services to a public entity, may not submit a bid on an agreement with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement
with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
The Contractor is informed that the employment of unauthorized aliens by any Contractor is considered a
violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
51
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 Cs 2:00 PM
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 accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is
prohibited from discriminating on the basis of race, sex, religion, color, national origin, age or disability and shall
comply with all applicable state and federal laws and regulations related thereto, including without limitation, the
Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC
795); and the Age Discrimination Act of 1975 (42 USC 6101-6107). To file a complaint of discrimination, write
USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW,
Washington, DC, 20250-9410, or call (202)720-5964 (voice and TDD). USDA is an equal opportunity provider
and employer.
In accordance with Section 768.28, Florida Statutes, the Contractor Covenants and agrees that it shall
indemnify and hold harmless the Department and all of the Department's officers, agents and employees from
any claim, action, neglect or omission by the Contractor during the performance of the Agreements, whether
direct or indirect, and whether any person or property to which the Department or said parties may be subject,
except that neither the Contractor nor any of its sub -contractors shall be liable under this paragraph for
damages arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Department or any of its officers, agents or employees.
In the event that two or more documents combine to form this agreement between the parties, including
future amendments and addenda, and in the event that there are contradictory or conflicting clauses or
requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture
and Consumer Services Contract shall be controlling.
All contracts entered into by the Department of Agriculture and Consumer Services or any Division or
Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding.
In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the
requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's
governmental agencies, the offending clause or requirement shall be without force and effect and the
requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for
that clause or requirement and be binding on all parties to this contract.
As applicable under Section 768.28, Florida Statutes, each party will be liable under this paragraph for
damages arising out of injury or damage to persons or property directly caused or resulting from the negligence
of such party or any of its officers, agents or employees.
All notices, demands, requests or other instruments to the Department shall be addressed to:
Mr. Charlie Marcus
Forest Management Bureau
3125 Conner Boulevard, Suite R-8
Tallahassee, Florida 32399-1650
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
All notices, demands, requests or other instruments to the Contractor shall be addressed to:
Ms. Corrine Lajoie
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Signed by parties to this agreement:
DEPARTMENT OF AGRICULTURE AND CONTRACTOR
CONSUMER SERVICES
Signature
Title
Date
53
Signature
Title
Date
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
EXHIBIT - 2
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: if the resources awarded to the recipient represent more than one Federal program, provide the same information
shown below for each Federal program and show total Federal resources awarded.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) —
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If'the resources awarded to the recipient represent more than one Federal program, list applicable compliance
requirements. for each Federal program in the same manner as shown below,
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance. requirement (e.g., what services/purposes resources must be used_for),
2. Second applicable compliance requirement (e.g., eligibility requirements, for recipients of the resources).
3. Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use
language that requires the recipient to comply with the requirements o/'applicable provisions of specific laws, rules,
regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific
law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are
to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
NOTE: If the resources awarded to the recipient far matching -represent more than one Federal program, provide the same
in ormation shown below fbr each Federal ro rpm and show the total State resources awarded fbr matching.
Federal Program (list Federal agency, Catalog offederal Domestic Assistance title and number)_
$ (amount)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: 1 'the resources awarded to the recipient re resent more than one State proiect, provide the same information shown
below for each Stale project and show total state financial assistance awarded that is subi ct to Section 215.97, Florida
Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) —
$ (amount)
DACS-01085 REV. 07/10
54
DFS-A2-GL
July 2005
Rule 691-5.006, FAG
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching
resources provided by the Department of "ABC "for Federal programs, the requirements might be similar to the requirements
. for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of'the non -
Federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc) listed under this category.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the
information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient,
DACS-01085 REV. 07/10
55
DFS-A2-CL
July 2005
Rule 691-5.006, FAC
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT J
EXAMPLE
URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This Agreement, made and entered into this the day of , 20 , by and
between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter
called the Department and the Miami -Dade Count , hereinafter called the Contractor.
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban
and community forestry by awarding funds to the Contractor for the establishment of a demonstration tree
planting project as outlined in the Urban and Community Forestry grant application Number 10-34 and Grant
Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a
part hereof;
WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as described in the
Grant Application;
WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes its officers
to do so.
NOW THEREFORE, herein and in Exhibit 1", the Grant Memorandum of Agreement, the parties
covenant and agree as follows:
A. The Contractor shall maintain the project in a responsible manner and with due care in
accordance with the below listed Project Standards for the property at the following location:
1 mile segment of CountR.O.W. on S.W. 56th Street Miller Drive) between SR 826 and 117'"
Avenue.
Specifically, the Contractor accepts the below listed responsibilities and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better.
(2) Proper watering and proper fertilization of all trees/plants.
(3) Keeping trees/plants as free as practicable from disease and harmful insects;
(4) Proper mulching of trees and/or planting beds;
(5) Keeping the premises free of weeds;
(6) Mowing and/or cutting grasses to the proper length;
(7) Proper pruning of all trees which includes; removing dead or disease parts of trees or
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.
56
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
(9) Following the Planting and Maintenance Guidelines as included herein.
The Contractor agrees to repair, or remove and replace at its own expense all or part of the project that
falls below Project Standards. In the event any part or parts of the project, including all plants, must be
removed and replaced for whatever reason, then they shall be replaced with the same grade, size and
specification as provided in the original plans for the project. Furthermore, the Contractor shall keep litter
removed from the project area. The above named functions to be performed by the Contractor shall be subject
to periodic inspections by the Department. It is the intent of the parties that the Contractor shall be the owner
of the planting and other installations included and stipulated in the grant application comprising the project.
B. The terms of this Agreement commence on the date of Certification of Acceptance and continue
for a period of three (3) years.
C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1,
then the Contractor shall refund to the Department a pro -rated portion of the grant award based
upon the following schedule:
(1) If this agreement is terminated within one year of this agreement, 75 percent of the grant
award;
(2) If this agreement is terminated during the second year of this agreement, 50 percent of
the grant award;
(3) If this agreement is terminated during the third year of this agreement, 25 percent of the
grant award.
D. This Agreement, together with the Urban and Community Forestry Grant Memorandum of
Agreement, embodies the entire agreement and understanding between the parties hereto and
there are no other agreements or understandings, oral or written, with reference to the subject
matter hereof that are not superseded hereby.
Signed by parties to this agreement:
DEPARTMENT OF AGRICULTURE AND CONTRACTOR
CONSUMER SERVICES
Signature
Title
Date
57
Signature
Date
Title
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
EXHIBIT A
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and underground
utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of
planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non -biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must
be removed from the root ball before planting. All biodegradable material should be removed from the
upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above
the soil surface where it can act as a wick and dry the surrounding soil.
If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire
be cut and removed after the root ball is set in the planting hole.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same
depth as the root ball.
Position the tree or palm in the center of the planting hole with the tree's root flare at or within two inches
of 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 24" 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 24" 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-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
Q
E.
F
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
1/4 of the live crown during one growing season.
Watering
Follow the standard IFAS watering schedule for new tree plantings. 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.
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.
6Y]
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT K
Page
REIMBURSEMENT SUMMARY SHEET
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
Name of Grantee: Contract No.:
Item #
Descriptions of Items or Services Purchased
Grant Amount
Match Amount
(Attach copies of canceled checks, receipts and
invoices)
Totals
Remit payment to:
Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and
documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should
verbal quotes be received, name and address of company and dollar amount quoted shall be
documented in writing. Sealed bids are required for all purchases over $25,000.
AUTHORIZED SIGNATURE:
Grantee Date
60
BID NUMBER: RFP/DF-10/11-30
OPENING DATE: MARCH 18, 2011 @ 2:00 PM
Project Status as of:
(Date)
ATTACHMENT L
Florida Division of Forestry
Urban Forestry Grant Project
Interim Status Report
DOF Contract Number
Grant Recipient Name
Project Name
Name/Phone No. of Project Manager
Type of Entity (check one)
Local Government ❑
Educational Institution ❑
Non -Profit Organization ❑
Date when the vendor to perform the project will be/has been selected:
Date when work on the project will/has been completed:
Date when the project is scheduled to be/has been completed:
Date when claims have been/will be submitted for reimbursement:
Assistance needed from a DOF Forester:
Technical Assistance on Project Site ❑
Technical Assistance on Claim Process ❑
Unforeseen problems or circumstances:
Return To:
Kelly Boutwell
3125 Conner Blvd, Rm 262
Tallahassee, FL32399-1650
Fox: 850 921-8305
Date
Technical Assistance on Urban Program ❑
Certification of Acceptance ❑
Prepared By:
61
(Print Name)
(Signature)
BID NUMBER: RFP/DF-10/11.30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT M
FEDERAL EMPLOYER IDENTIFICATION NUMBER
REGISTRATION INSTRUCTIONS
1. Go to www.mvflorida.com
2. Choose "Business"
3. Choose "Doing Business with the State"
4. Under "Everything for Vendors and Customers" choose
MyFloridaMarketplace/e-Pro
5. Choose "Register with MFMP"
6. Choose "New Vendor Registration"
7. Enter your company name and tax ID number and update your mailing address
and other information where applicable. Follow the prompts.
62
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT N
ALLOCATION OF GRANT FUNDS
POPULATION ZONE #1 COUNTIES S100.000
Escambia
Liberty
Suwannee
Clay
Santa Rosa
Franklin
Hamilton
St. Johns
Okaloosa
Gadsden
Columbia
Levy
Walton
Leon
Gilchrist
Putnam
Holmes
Wakulla
Baker
Flagler
Washington
Jefferson
Union
Marion
Bay
Madison
Bradford
Volusia
Gulf
Taylor
Alachua
Citrus
Calhoun
Dixie
Duval
Hernando
Jackson
Lafayette
Nassau
Pasco
Brevard
Sumter
POPULATION ZONE #2 COUNTIES S100,000
Pinellas
Indian River
Manatee Brevard
Hillsborough
St. Lucie
Hardee
Polk
Okeechobee
DeSoto
Orange
Highlands
Sarasota
Osceola
Lee
Charlotte
Lake
Glades
Seminole
P_QPULATION ZONE #3
S100,000
Collier
Palm Beach
Dade Martin
Hendry
Broward
Monroe
63
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT O
FLORIDA DIVISION OF FORESTRY
DISTRICT/CENTER CONTACTS
Note: Individual County Forester contact information is available on the website at
www.fl-dof.com.
Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties)
Center Manager - Tom Ledew
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 - Ken Weber
850/414-1 131
Perry District (Taylor, Dixie, Madison, Lafayette Counties)
District Manager - Erin Albury
850/838-2290
Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties)
District Manager --- Sam Leneave
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
352/754-6777
Orlando District (Orange, Osceola, Seminole, Brevard Counties)
District Manager - Sean Gallagher
407/251-2355
Lakeland District (Polk, Hillsborough, Pinellas Counties)
District Manager - Gary Zipprer
863/648-3163
Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties)
District Manager - Duane Weis
941/751-7629
64
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
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
65
BID NUMBER: RFP/DF-10/11-30 OPENING DATE: MARCH 18, 2011 @ 2:00 PM
ATTACHMENT P
Florida Department of Agriculture and Consumer Services
Bureau of General Services
ADAM H. PUTNAM DRUG -FREE WORKPLACE PROGRAM - BIDDER CERTIFICATION
COMMISSIONER
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug- free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by
the State or by any political subdivision for the procurement of commodities or contractual services, a
bid received from a business that certifies that it has implemented a drug -free workplace program
shall be given preference in the award process. Established procedures for processing tie bids will be
followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free
workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
DACS-01218 10/00
66
VENDOR'S SIGNATURE