HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-014Temp. Reso # 11755
January 28, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- /"�"/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE U.S.
DEPARTMENT OF AGRICULTURE FOREST SERVICE FOR
AMERICAN RECOVERY AND INVESTMENT ACT (ARRA)
FOREST HEALTH IMPROVEMENT INITIATIVE PROGRAM
FUNDS FOR THE PROVISION OF TREE PLANTING
PROJECTS IN THE CITY OF TAMARAC IN AN AMOUNT NOT
TO EXCEED $24,000; PROVIDING FOR ACCEPTANCE OF
THE AWARD AND EXECUTION OF DOCUMENTS UPON
APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the U.S. Department of Agriculture (USDA) Forest Service, through the
Florida Department of Agriculture and Consumer Services Division of Forestry, announced
its 2010-11 American Recovery and Investment Act (ARRA) Forest Health Improvement
Initiative Program grant funding opportunity; and
WHEREAS, funding received under the ARRA Forest Health Improvement Initiative
Program provides funds to stimulate economic activity through the improvement and
expansion of community tree canopies and to improve the health of existing canopy -trees;
and
WHEREAS, the City Commission of the City of Tamarac desires to provide
exceptional environmental stewardship and to stimulate economic activity for the citizens
and residents of Tamarac; and
WHEREAS, the granting agency requires the City Commission to certify that the
appropriate City officials are authorized to receive funds and implement the ARRA Forest
Temp. Reso # 11755
January 28, 2010
Page 2
Health Improvement Initiative Program including a Maintenance Memorandum of
Agreement on behalf of the City of Tamarac; and
WHEREAS, the Director of Public Works and the Assistant City Manager recommend
approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interest of the citizens and residents of the City of Tamarac to submit an application to
the USDA Forest Service through the Florida Department of Agriculture and Consumer
Services Division of Forestry for ARRA Forest Health Improvement Initiative Program grant
funds for the provision of tree planting projects in the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to submit the
ARRA Forest Health Improvement Initiative Program grant application in an amount not to
exceed $24,000 to the USDA Forest Service through the Florida Division of Forestry for the
provision of tree planting projects in the City of Tamarac. 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: Upon approval of the application, the appropriate City Officials are
HEREBY authorized to amend the Grants Fund Budget for the ARRA Forest Health
Improvement Initiative Program award in an amount not to exceed $24,000 and appropriate
Temp. Reso # 11755
January 28, 2010
Page 3
said funds including any and all subsequent budgetary transfers to be in accordance with
proper accounting standards.
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, or 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 application of this
Resolution.
Section 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this M day of , 2010.
ATTEST: f 7
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
hS UEL S. GOREN
CITY ATTORNEY
4�MAM
• , •-
Record of COMMISSION VOTE:
MAYOR TALABISCO 6464-1
DIST 1: COMM BUSHNEL
DIST 2: COMM ATKINS-G
DIST 3: COMM GLASSERRA
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DIST 4: VM DRESSLER
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Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
O Tallahassee, FL 32399-0800
CFIARLES H. BRONSON
COHM3:SSI0NER Telephone: (850) 617-7181
Page 1 of 56 Pages BIDS NO. RFP/DF-09/10-47
WILL BE OPENED FEBRUARY 12, 2010 @ 2:00 P.M.
AGENCY MAILING DATE: and may not be withdrawn within 90 days after such date and time
DECEMBER 7, 2009
NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT MARCH 31, 2010
BID TITLE: 2009-2011 FOREST HEALTH IMPROVEMENT INITIATIVE 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.
2.
*3.
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.
(e) "Timeline" means the list of critical dates and actions included in
the Introductory Materials.
General Instructions. Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein and
prepare responses accordingly.
Electronic Submission of Responses. Respondents are required
to submit responses electronically. For this purpose, all references
herein to signatures, signing requirements, or other required
acknowledgments hereby include electronic signature by means of
clicking the "Submit Response" button (or other similar symbol or
process) attached to or logically associated with the response created
by the respondent within MyFloridaMarketPlace. The respondent
agrees that the action of electronically submitting its response
constitutes:
• 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 respondent's response. In submitting
its response, a respondent agrees that any additional terms or
conditions, whether submitted intentionally or inadvertently, shall have
no force or effect. Failure to comply with terms and conditions,
including those specifying information that must be submitted with a
response, shall be grounds for rejecting a response.
*5. Questions. Respondents shall address all questions regarding this
solicitation to the Procurement Officer. Questions must be submitted
via the Q&A Board within MyFloridaMarketPlace and must be
RECEIVED NO LATER THAN the time and date reflected on the
Timeline. Questions shall be answered in accordance with the
Timeline. All questions submitted shall be published and answered in
a manner that all respondents will be able to view. Respondents shall
not contact any other employee of the Buyer or the State for
information with respect to this solicitation. Each respondent is
responsible for monitoring the 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.
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.
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.
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 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 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.
12. 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.
13.
14.
15.
18.
17.
18.
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.
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. Public Records. 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.
** DOES 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.
(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).
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
(PUR 1001 - 80A-1.002(7), F.A.C.)
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 Contractor's order form,
confirmation, or acknowledgement shall be resolved in favor of terms
most favorable to the Customer. A purchase order for services within
the ambit of section 287.058(1) of the Florida Statutes shall be
deemed to incorporate by reference the requirements of
subparagraphs (a) through (f) thereof. Customers shall designate a
contract manager and a contract administrator as required by
subsections 287.057(15) and (16) of the Florida Statutes.
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.
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 10. Literature. Upon request, the Contractor shall furnish literature
on quantity purchases of any products offered under the reasonably related to the product offered, for example, user manuals,
Contract. State Customers shall document their files price schedules, catalogs, descriptive brochures, etc.
accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer 11. Transportation and Delivery. Prices shall include all charges for
becomes aware of better pricing offered by the Contractor for packing, handling, freight, distribution, and inside delivery.
substantially the same or a smaller quantity of a product outside Transportation of goods shall be FOB Destination to any point within
the Contract, but upon the same or similar terms of the Contract, thirty (30) days after the Customer places an Order. A Contractor,
then at the discretion of the Customer the price under the within five (5) days after receiving a purchase order, shall notify the
Contract shall be immediately reduced to the lower price. Customer of any potential delivery delays. Evidence of inability or
(c) Sales Promotions. In addition to decreasing prices for the intentional delays shall be cause for Contract cancellation and
balance of the Contract term due to a change in market Contractor suspension.
conditions, a Contractor may conduct sales promotions involving
price reductions for a specified lesser period. A Contractor shall 12. Installation. Where installation is required, Contractor shall be
submit to the Contract Specialist documentation identifying the responsible for placing and installing the product in the required
proposed (1) starting and ending dates of the promotion, (2) locations at no additional charge, unless otherwise designated on the
products involved, and (3) promotional prices compared to Contract or purchase order. Contractor's authorized product and
then -authorized prices. Promotional prices shall be available to price list shall clearly and separately identify any additional installation
all Customers. Upon approval, the Contractor shall provide charges. All materials used in the installation shall be of good quality
conspicuous notice of the promotion. and shall be free of defects that would diminish the appearance of the
(d) Trade -In. Customers may trade-in equipment when making product or render it structurally or operationally unsound. Installation
purchases from the Contract. A trade-in shall be negotiated includes the furnishing of any equipment, rigging, and materials
between the Customer and the Contractor. Customers are required to install or replace the product in the proper location.
obligated to actively seek current fair market value when trading Contractor shall protect the site from damage and shall repair
equipment, and to keep accurate records of the process. For damages or injury caused during installation by Contractor or its
State agencies, it may be necessary to provide documentation employees or agents. If any alteration, dismantling, excavation, etc.,
to the Department of Financial Services and to the agency is required to achieve installation, the Contractor shall promptly
property custodian pursuant to Chapter 273, F.S. restore the structure or site to its original condition. Contractor shall
(e) Equitable Adjustment. The Customer may, in its sole discretion, perform installation work so as to cause the least inconvenience and
make an equitable adjustment in the Contract terms or pricing if interference with Customers and with proper consideration of others
pricing or availability of supply is affected by extreme and on site. Upon completion of the installation, the location and
unforeseen volatility in the marketplace, that is, by circumstances surrounding area of work shall be left clean and in a neat and
that satisfy all the following criteria: (1) the volatility is due to unobstructed condition, with everything in satisfactory repair and
causes wholly beyond the Contractor's control, (2) the volatility order.
affects the marketplace or industry, not just the particular
Contract source of supply, (3) the effect on pricing or availability 13. Risk of Loss. Matters of inspection and acceptance are addressed
of supply is substantial, and (4) the volatility so affects the in s. 215.422, F.S. Until acceptance, risk of loss or damage shall
Contractor that continued performance of the Contract would remain with the Contractor. The Contractor shall be responsible for
result in a substantial loss. filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer shall: record any
5. Additional Quantities. For a period not exceeding ninety (90) days evidence of visible damage on all copies of the delivering carrier's Bill
from the date of solicitation award, the Customer reserves the right to of Lading; report damages to the carrier and the Contractor; and
acquire additional quantities up to the amount shown on the provide the Contractor with a copy of the carrier's Bill of Lading and
solicitation but not to exceed the threshold for Category Two at the damage inspection report. When a Customer rejects a product,
prices submitted in the response to the solicitation. Contractor shall remove it from the premises within ten days after
notification or rejection. Upon rejection notification, the risk of loss of
6. Packaging. Tangible product shall be securely and properly packed rejected or non -conforming product shall remain with the Contractor.
for shipment, storage, and stocking in appropriate, clearly labeled, Rejected product not removed by the Contractor within ten days shall
shipping containers and according to accepted commercial practice, be deemed abandoned by the Contractor, and the Customer shall
without extra charge for packing materials, cases, or other types of have the right to dispose of it as its own property. Contractor shall
containers. All containers and packaging shall become and remain reimburse the Customer for costs and expenses incurred in storing or
Customer's property. effecting removal or disposition of rejected product.
7. Inspection at Contractor's Site. The Customer reserves the right to 14. Transaction Fee. The State of Florida has instituted
inspect, at any reasonable time with prior notice, the equipment or MyFloridaMarketPlace, a statewide eProcurement System ("System").
product or plant or other facilities of a Contractor to assess conformity Pursuant to section 287.057(23), Florida Statutes (2002), all
with Contract requirements and to determine whether they are payments shall be assessed a Transaction Fee of one percent
adequate and suitable for proper and effective Contract performance. (1.0%), which the Contractor shall pay to the State, unless exempt
pursuant to 60A-1.032, F.A.C.
8. 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.
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.
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 complywith 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 LIST AS
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
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.
19. 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 attorneys' fees,
arising from or relating to personal injury and damage to real or
personal tangible property alleged to be caused in whole or in part by
Contractor, its agents, employees, partners, or subcontractors,
provided, however, that the Contractor shall not indemnify for that
portion of any loss or damages proximately caused by the negligent
act or omission of the State or a Customer.
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 20.
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.
18. Lobbying and Integrity. Customers shall ensure compliance with
Section 11.062, FS and Section 216.347, FS.The Contractor shall
not, in connection with this or any other agreement with the State,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary
benefit on anyone as consideration for any State officer or employee's
decision, opinion, recommendation, vote, other exercise of discretion,
or violation of a known legal duty, or (2) offer, give, or agree to give to
anyone any gratuity for the benefit of, or at the direction or request of,
any State officer or employee. For purposes of clause (2), "gratuity"
means any payment of more than nominal monetary value in the form
of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment,
or contracts of any kind. Upon request of the Customer's Inspector
General, or other authorized State official, the Contractor shall provide
any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include,
but shall not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate
to the Contract. The Contractor shall retain such records for the
longer of (1) three years after the expiration of the Contract or (2) the
period required by the General Records Schedules maintained by the
Florida Department of State which is available at the following:
http://dlis,dos.state.fl.us/barm/q-enschedules/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.
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 Contract or the purchase order. If any product
is the subject of an infringement suit, or in the Contractor's opinion is
likely to become the subject of such a suit, the Contractor may at its
sole expense procure for the Customer the right to continue using the
product or to modify it to become non -infringing. If the Contractor is
not reasonably able to modify or otherwise secure the Customer the
right to continue using the product, the Contractor shall remove the
product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for
any royalties.
The Contractor's obligations underthe preceding two paragraphswith
respect to any legal action are contingent upon the State or Customer
giving the Contractor (1) written notice of any action or threatened
action, (2) the opportunity to take over and settle or defend any such
action at Contractor's sole expense, and (3) assistance in defending
the action at Contractor's sole expense. The Contractor shall not be
liable for any cost, expense, or compromise incurred or made by the
State or Customer in any legal action without the Contractor's prior
written consent, which shall not be unreasonably withheld.
Limitation of Liability. For all claims against the Contractor under
any contract or purchase order, and regardless of the basis on which
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
23.
25.
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.
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.
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.
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 after expiration
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
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 undertying 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.
29. Assignment. The Contractor shall not sell, assign or transfer any of
its rights, duties or obligations under the Contract, or under any
purchase order issued pursuant to the Contract, without the prior
written consent of the Customer. In the event of any assignment, the
Contractor remains secondarily liable for performance of the contract,
unless the Customer expressly waives such secondary liability. The
Customer may assign the Contract with prior written notice to
Contractor of its intent to do so.
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 36. Warranty of Authority. Each person signing the Contract warrants
Florida. Therefore, the contractor hereby assigns to the State of that he or she is duly authorized to do so and to bind the respective
Florida any and all claims for such overcharges as to goods, materials party to the Contract.
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
Customer's 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 Contractor's ability to pursue any other form
of dispute resolution; provided, however, that the parties may employ
the alternative dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or
equitable action that arises out of or relates to the Contract shall be
the appropriate state court in Leon County, Florida; in any such action,
Florida law shall apply and the parties waive any right to jury trial.
32. Employees, Subcontractors, and Agents. All Contractor
employees, subcontractors, or agents performing work under the
Contract shall be properly trained technicians who meet or exceed any
specified training qualifications. Upon request, Contractor shall
furnish a copy of technical certification or other proof of qualification.
All employees, subcontractors, or agents performing work under the
Contract must comply with all security and administrative requirements
of the Customer 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.
33. 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
Customer and the State shall take all actions necessary to ensure that
Contractor's employees, subcontractors and other agents are not
employees of the State of Florida. Such actions include, but are not
limited to, ensuring that Contractor's employees, subcontractors, and
other agents receive benefits and necessary insurance (health,
workers' compensations, and unemployment) from an employer other
than the State of Florida.
35. Insurance Requirements. During the Contract term, the Contractor
at its sole expense shall provide commercial insurance of such a type
and with such terms and limits as may be reasonably associated with
the Contract. Providing and maintaining adequate insurance
coverage is a material obligation of the Contractor. Upon request, the
Contractor shall provide certificate of insurance. The limits of coverage
under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor's liability and obligations under
the Contract. All insurance policies shall be through insurers
authorized or eligible to write policies in Florida.
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
by certified mail, return receipt requested, by reputable air courier
service, or by personal delivery to the agency designee identified in
the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs
the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice.
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 cant' 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.respectoffiorida.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 Contractor's order or fiscal
forms or other documents forwarded by the Contractor for payment.
The Customer's acceptance of product or processing of
documentation on forms furnished by the Contractor for approval or
payment shall not constitute acceptance of the proposed modification
to terms and conditions.
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 ofs. 287.042(16)(a), F.S. This statute
requires the Department of Management Services to determine that
the requestor's use of the contract is cost-effective and in the best
interest of the State.
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 Customer's right thereafter to enforce those rights, nor
shall any single or partial exercise of any such right preclude any other
or further exercise thereof or the exercise of any other right.
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.) 11/06
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
CHECKLIST
1. The entire Request for Proposal (RFP) has been read.
2. The PUR Form 1001/1000 Instructions to Respondent's 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.
6. ARRA Forest Health Improvement Initiative Grant Proposal form (Attachment D) is
completed and signed). Please note: All future correspondence will be sent to the contact
person listed on your proposal.
7. Detailed itemized budget summary (Attachment E) is completed.
8. 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 F).
9. This resolution (Attachment F) must also state that they will execute a Maintenance
Memorandum of Agreement (Attachment H) with the Department of Agriculture.
10. 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 (n, 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.
11. 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.
12. One (1) original with blue ink signature and five (5) copies of the proposal package have
been submitted.
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY
2009-11 FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM
INSTRUCTIONS TO PROPOSERS
Each Proposer must complete/provide the following to be considered:
HOW TO SUBMIT A PROPOSAL
Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000 Instructions to
Respondents and General Contract Conditions, no later than the time and date listed on the form. In addition
to the address, the face of the envelope shall be marked with the date and time of the proposal opening and
the proposal number.
Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one
original and five copies) of the proposal including all attachments.
a. These should be printed/copied on one -side only and must not exceed 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 binders
or folders.
d. All signatures on the "original" must be in blue ink.
e. 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 Respondent's and General Contract Conditions - Complete, date
and obtain a signature from the individual who is legally authorized to approve submittal of the proposal.
Failure to return a signed form will cause the proposal to be ruled ineligible. Submit only page 1 of Form
PUR 1001/1000.
3. Certifications Regarding Lobbying: Debarment: Suspension and Other Responsibility Matters: and
Drug -free Workplace Requirements (Attachment C) - must be completed and signed.
4. Forest Health Improvement Initiative Grant Proposal Form (Attachment D) - This form must be completed
in its entirety; the first page and the project description (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 will cause the proposal to be ruled ineligible.
c. A narrative of up to two pages (12 font) describing the project and its benefits.
6. Budget (Attachment E) - Must be completed in detail.
7. 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.
8. Maps, photos, and other supporting materials.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
TABLE OF CONTENTS
Request for Proposal - Form 1001/1000 Instructions to Respondents/General Contract Conditions
Checklist for Proposal Completeness
Instructions to Proposer
Special Terms, Conditions, Specifications
Evaluation Criteria
Forms for Submission
Attachment A - Notification of Vendor Ombudsman's Name and Telephone Number
Attachment B - Conflict of Interest Statement
Attachment C - Certifications Regarding Lobbying; Debarment; Suspension and Other
Responsibility Matters for Expenditure of Federal Funds
Attachment D - Forest Health Improvement Initiative Grant Proposal Form
Attachment E - Budget
Examples of Completed Forms
Attachment F - ARRA Forest Health Improvement Initiative Grant Program Resolution
Attachment G - Draft ARRA Forest Health Improvement Initiative Grant Memorandum of
Agreement (MOA)
Attachment H - Draft ARRA Forest Health Improvement Initiative Grant Maintenance
Memorandum of Agreement (MOA)
Other Information
Attachment I
- Reimbursement Summary Sheet
Attachment J
- Interim Status Report
Attachment K
- ARRA Recovery Act Questionnaire
Attachment L
- Florida Population Regions, Counties Included in Each
Attachment M
- Division of Forestry Local Contacts
Exhibit A
- Planting and Maintenance Guidelines
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
2009-11 FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM
SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS
INTRODUCTION
At the present time, Florida's home foreclosure rate is among the top five states in the country. This has
resulted in significant reductions in all sectors of the construction and real estate industries in all parts of the
state. Consequently, revenues to local governments have drastically fallen, causing them to reduce
investments in the maintenance of their community forests. City planners report that they prefer not to invest in
additional reforestation because they don't have the necessary resources to maintain the trees that they
already have. The private sector companies who perform this work have also scaled back their operations
because of decreased demand for their services, contributing to the current high unemployment rate.
In addition, a number of Florida communities currently have large populations of declining and over -mature
trees in their parks and rights of way that need to either be maintained or removed and replaced. When a
sufficient amount of resources are not invested in this maintenance, damage to life and property occurs. This
situation causes citizens to perceive trees as a liability or a hazard, rather than as an asset that provides
amenities to their local area. Communities also need to invest more resources in reforestation to promote
species diversity and increase their tree canopy cover to a desirable level.
PURPOSE
Investments in reforestation will stimulate increased economic activity in the nursery, landscaping, and
transportation sectors of the economy. Arborists and tree workers will benefit from funds that are made
available for tree maintenance practices such as pruning and site amelioration. Communities all over Florida
will benefit ecologically from the increase in canopy cover and improved health and vigor of existing trees.
Projects will contribute to improved water and air quality, improved community aesthetics, and increased
employment opportunities for the green industry.
The Florida Division of Forestry will utilize 2009 American Recovery and Reinvestment Act (ARRA) funding
from the US Forest Service to conduct a competitive grant process inviting eligible participants to apply for
funding to reforest public rights -of -ways, parks, public schools, and other natural areas, as well as provide
opportunities for tree remediation work which include corrective tree pruning, hazard tree removal and
rehabilitation of soil conditions for significant trees.
Cities, counties, educational institutions, Native American tribal entities, and non-profit groups throughout the
state will be eligible to apply for these grants. Priority for funding will be given to communities that have the
highest unemployment rates in the state of Florida, and to blighted neighborhoods or underserved rural
population centers. These areas should see increased employment opportunity for commercial arborists,
landscape contractors, nurserymen, consulting arborists, and landscape architects/designers as a result of this
initiative.
Copies of the Forest Health Improvement Initiative 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) 617-7180. It can also be downloaded from the Division of Forestry
website, www.fl-dof.com.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
SCOPE
A total of $1.4 million will be made available to potential grant recipients. Funding for this grant program is
provided by the US Forest Service from the American Recovery and Reinvestment Act that was passed by the
US Congress in February, 2009. Florida Statute (F.S.) 589.28 authorizes the Florida Department of
Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local
governments to promote the planting and protection of trees to improve the beauty and livability of urban
environments within the State of Florida.
DEFINITIONS
For the purpose of this Request for Proposal (RFP):
"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 a Forest Health Improvement Initiative Grant Program 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 Florida
Statute 589.30.
4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit
organization or educational institution.
5. "Commissioner" means the Commissioner of Agriculture for the State of Florida.
6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an
agency of the State of Florida.
7. "Grant Coordinator" means the Division of Forestry employee designated by the State Forester to
coordinate implementation of the grant program.
8. "Grant 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.
10. "Nonprofit Organization" means an organization which has filed an application with the Secretary of State
of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a
Federal Employer Identification Number by the Internal Revenue Service.
11. "RFP" means Request for Proposal.
12. "State Forester" means the Director of The Division of Forestry.
13. "Non-federal public property" means public property owned by state or local governments or Tribal
governments.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ELIGIBILITY REQUIREMENTS
1. Qualified applicants are limited to legal nonprofit organizations, educational institutions, local city and
county governments and Native -American Tribal Governments. All qualified applicants throughout the
State of Florida are eligible to participate.
2. Grant requests may not exceed $24,000. Maximum grant award to a single applicant is $24,000. The
minimum grant amount that may be requested is $2,000.
3. Recipients will not be required to match the funds provided under this grant program, although it is hoped
that the available funding will encourage them to initiate similar tree management activities above and
beyond the scope of the grant.
4. Expenses associated with travel and per diem are not eligible.
GRANT CATEGORIES
There are two grant categories:
1. Reforestation
2. Tree Remediation and Site Amelioration
A maximum of 35% of total funds will be made available for Category 2 projects, and the remainder will be
allocated for Category 1 projects.
CATEGORY 1: REFORESTATION
The purpose of this practice is to increase local tree canopy cover, enhance the environmental and health
benefits that trees provide to the local community, and to stimulate local economic activity in sectors related to
the growing, transportation, and installation of trees. Funds may only be used for purchase and planting of
trees or palms and related expenses listed below. Purchase and planting of shrubs and ground covers is not
eligible.
Tree Planting Reauirements
1. Trees and palms planted with funds from this program must meet or exceed Florida Grade #1 as
described in the Florida Grades and Standards for Nursery Stock, published by the Florida Division of
Plant Industry.
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, unless prior approval to plant
smaller trees in natural areas is granted.
4. At least three tree species suitable for the site and objective must be planted. Native species are
preferred, but some non-invasive introduced species may be included.
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
(Category I or II) may not be planted as any part of this grant program; the list may be found on the
internet at www.fleppc.org.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
7. Maximum allowable cost per tree or palm is $400.00, including purchase, delivery, and installation. The
total cost cannot exceed this amount.
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.
10. A maximum of $12.00 per tree may be spent on planting materials during the 60 day grow -in period.
11. Up to ten percent (10%) of the grant award may be spent on site -preparation costs directly related to the
tree planting.
12. Proposals must include: (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) location
map, and (c) a minimum of three color photographs of the planting site.
13. 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.
14. All transportation and planting must be performed by contract vendors. The grant will not pay for any
in-house labor or in-house professional oversight.
15. Up to ten percent 10% of grant funds may be used to hire an ISA certified arborist to oversee planting
operations if the community does not have sufficient in-house expertise available.
CATEGORY 2: TREE REMEDIATION
The purpose of this practice is to improve the health of existing community trees, eliminate safety hazards
associated with trees, and stimulate local economic activity in sectors related to tree care. The following
practices are eligible for funding under this grant program:
1. Corrective Pruning - This will involve practices to improve tree health and enhance future structural
stability. Grant recipients can use program funds to hire private vendors to prune trees according to
ANSI-A300 standards, and then dispose of debris after pruning is completed. Trees must be located
either on public rights -of way or in publicly owned parks and other natural areas.
2. Tree Removal - Trees located on either public rights -of way or in publicly owned parks and other natural
areas are eligible. Grant recipients can use program funds to hire private vendors to take down qualifying
trees and dispose of woody debris. Grant recipients will have to show evidence to an agency
representative from the Division of Forestry in advance that each eligible tree contains defects that cannot
be corrected by pruning and poses a potential safety hazard to persons and property in the immediate
area. This could include either a written report from an ISA certified arborist or obvious visual defects.
The maximum reimbursement amount per tree is $1000, regardless of the actual total cost.
3. Site Amelioration - This will involve improving the site conditions of existing trees on public rights -of way
or in publicly owned parks and other natural areas. Eligible practices include aeration of compacted soils
using an air spade or similar device, enhancement of soil structure using amendments, and removal of
any impediments that inhibit a trees' root growth or ability to absorb water and nutrients. Private vendors
would have to provide these services. An agency representative from the Division of Forestry would have
to certify in advance that each eligible tree is in a sufficiently visible public location and currently in an
otherwise sufficiently healthy condition to where it could benefit from these treatments. A written report
from an ISA certified arborist can be used as testimony of condition.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Grant applications for category II practices need to include the following information:
a. A map of the area, showing the location of the trees to be treated.
b. The grant narrative must describe the extent of the problem and the proposed treatment regimen,
including timing. The latter should be consistent with standard practices as described in the American
National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of
technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state how the
recipient will supervise the project while in progress. It is preferable that an ISA certified arborist or a
graduate forester from an accredited four year forestry program be involved in planning and implementing
the practice.
SELECTION CRITERIA
The Grant Coordinator shall review and determine the completeness of the proposals. The following criteria
must be met before the grant proposal may be determined to be complete:
The proposal must contain all the requested information and be legible and understandable.
2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant
to execute agreements and documents associated with the grant request must be submitted as part of
the proposal.
3. A budget detailing all costs of the project must be submitted with the proposal.
4. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned
proposals will be ruled ineligible.
PROPOSAL EVALUATION CRITERIA
The Grant Subcommittee shall review and score all proposals which the Grant Coordinator has determined to
be complete, based upon how well the proposal meets the purpose of the grant program. Once the
applications are evaluated and scored according to the point system described below, they will then develop a
prioritized list of applications recommended for approval by the Commissioner of Agriculture.
Scoring of proposals is based upon the following prioritized and weighted attributes. The maximum possible
point score is 150 points, including bonus points. A minimum score of 75 points, including bonus points, is
required for an application to be accepted. Funds will be allocated to the acceptable applications with the
highest numerical scores in each of three (3) population regions of the state (see Appendix K). Each region
shall receive approximately $465,000, unless they do not have a sufficient number of accepted applications. In
that case, funds will be awarded to accepted applications in the other regions. A maximum of 35% of total
funds will be allocated to Category II practices.
a. Demonstrated Need - 50 points maximum
Highest score will be given to proposals that demonstrate an economic need for funds. Applications
from counties with the highest current unemployment rates in their region will receive the higher
scores. Within those counties, either smaller, rural communities or blighted and underserved
neighborhoods in larger cities will be scored the highest in this category.
b. Previous U&CF Grants Received - 20 points maximum
Highest scores will be given to applicants who have not received Urban and Community Forestry
grant funds within the past three years. Applicants will have five points deducted from their
maximum score in this category for each grant approved in the past three years, including hurricane
grants.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
c. Cost Effectiveness -15 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.
d. Well -Defined Goals and Objectives -15 points maximum
Highest score will be given to proposals that clearly state goals and objectives that will
expand/complement their existing U&CF program efforts.
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. 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 other 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.
g. 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.
h. 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)
i. Tree City USA certification - 5 points
Indicates a community's commitment to sustaining their urban forestry program.
j. Tree City Growth Award Recipient - 5 points
Community demonstrates a sustained commitment to its urban forestry program.
k. Proposal specifies a Certified Arborist(s) or a graduate forester from an accredited four year
Bachelor of Science in Forestry program will be involved in project implementation - 5 points.
Indicates a community's commitment to the proper implementation of urban forestry practices.
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.myflorida.com, click on Business, Doing Business
with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements.
Tabulations will remain posted for a period of seventy-two (72) hours. Failure to file a protest within the time
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,
Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the
protest.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score. At the same time, suggestions will be provided for ways they
can improve their chances of being awarded a 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.
FOREST HEALTH IMPROVEMENT INITIATIVE GRANT 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 shall detail the responsibilities of the applicant, a schedule and
the terms of payment for the project (Attachment G).
2. The Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities for
maintenance of any areas landscaped or improved by the proposed project.
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 they may not receive a fully -executed grant Memorandum of Agreement
before April 1, 2010, and should schedule their projects accordingly. No costs to be charged against
the grant 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.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
d. Any penalties or actions that the Department will take in the event of noncompliance.
e. The methods to be used by the Department to determine compliance with the terms of the grant
agreement.
Maintenance responsibilities for trees planted as part of the grant program.
REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION
The Department shall ensure that the terms of the agreements executed under these guidelines are enforced.
An interim report showing the status of the project is due July 1, 2010, and shall be due quarterly until project
completion.
The Grant Coordinator or his designee shall review the projects prior to final acceptance by the Department.
All projects and related expenditures must be completed by July 31, 2011. All reimbursement claims must be
submitted by September 30, 2011.
FUNDING SOURCE
Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are a
part of the 2009 American Recovery and Reinvestment Act. For this grant program, the Florida Division of
Forestry has allocated $1,400,000 in funds received from the U.S. Forest Service for this grant program.
Should additional funding become available, it will be added to this amount.
State funds will be allocated to each of three regions based on population (see Attachment L) as previously
described. 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.
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 Grant Coordinator.
Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever
practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be
provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or
quote.
METHOD OF REIMBURSEMENT
Reimbursements can be made on a quarterly basis, if requested. No advance payments shall be provided.
Applicants must submit a completed reimbursement summary sheet (Attachment 1) to the Department with
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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.
• Recovery Act Questionnaire (Attachment K)- Completed and signed.
• News release to be submitted to a local publication crediting the US Forest Service for providing funding.
• Letter to local US Congressional representative acknowledging receipt of funds under this program and
how they were used.
Upon receipt of these items in the Tallahassee State 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
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Terms and conditions within the Grant Agreement (Attachment G and Attachment H) 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:
"This funding for this project was provided by the American Recovery and Reinvestment Act of 2009. USDA is
working to implement provisions of the American Recovery and Reinvestment Act of 2009 (Recovery Act) to
put Americans back to work and rejuvenate the nation's economy. The Recovery Act provided USDA with
nearly $28 billion in funding, of that, $1.15 billion has been allocated to the Forest Service for project work in
forest restoration, hazardous fuels reduction, construction and maintenance of facilities, trails, and roads,
green energy projects and grants to states, tribes, and private landowners. "
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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 AND 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.
21
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
DRUG -FREE WORKPLACE
Preference shall be given to the proposal certifying a drug -free workplace 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. (Attachment C, Certification Regarding Lobbying;
Debarment; Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements
must be completed and returned as part of this contract.)
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 law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited
from discriminating on the basis of race, color, national origin, sex, age or disability.
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten
Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call (202)720-5964 (voice and
TDD). USDA is an equal opportunity provider and employer.
INTERPRETATIONS/DISPUTES
Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for
receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless
provided in writing by the Department's Purchasing Director in response to requests in full compliance with this
provision. Any person who is adversely affected by the agency's decision or intended decision shall file with
the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended
decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation,
including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts,
reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be
filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with
particularity the facts and law upon which the protest is filed.
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 M, List of Division of Forestry District/Center
Contacts), or to:
22
BID NUMBER: RFP/DF-09/10-47
OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Division of Forestry
Florida Department of Agriculture and Consumer Services
3125 Conner Boulevard, Suite R-3
Tallahassee, FL 32399-1650
Telephone (850) 921-0300
Questions regarding procedures for submittal of proposals should be submitted to:
Christie Hutchinson, Purchasing Director
Division of Administration
Department of Agriculture and Consumer Services
Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 617-7181
No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any
discussions with any FDACS employee. Only those communications which are in writing from the
Department's Purchasing Office may be considered as a duly authorized expression on behalf of the
Department. Only communications from the applicant which are signed and in writing will be recognized by the
FDACS as duly authorized expressions on behalf of the applicant.
SCHEDULE OF EVENTS
December 7, 2009 Notification of Availability of Request for Proposal mailed to all
potential applicants. RFP available for download at
www.mvflorida.com and www.fl-dof.com.
January, 2010 Informational workshops at various locations throughout the state.
February 12, 2010 @ 2:00 P.M. Sealed proposals in response to RFP must be received by FDACS
Purchasing office.
March 15, 2010 Evaluation of proposals.
March 31, 2010 Posting of Award on the Florida Bid System at http://myflorida.com,
click on Business, Doing Business with the State of Florida,
Everything for Vendors and Customers, Vendor Bid System, Search
Advertisements. Tabulations 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.
July, 2010 First quarterly Interim report due.
September, 2011 All closeout documentation submitted no later than September 30,
2011.
23
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
NOTIFICATION OF VENDOR OMBUDSMAN'S NAME
AND TELEPHONE NUMBER
Vendors providing goods and services to an agency should be aware of the following time frames.
Upon receipt, an agency has five (5) working days to inspect and approve the goods and service,
unless the 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 will
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 will not be enforced unless the vendor requests payment.
Invoices which have to be returned to a vendor because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the agency.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties
of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely 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 1-800-342-
2762.
24
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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
Proposal Number
26
BID NUMBER: RFPIDF-09/10-47 OPENING DATE: FEBRUARY 12,2010 @ 2:00 P.M.
ATTACHMENT C
Florida Department of Agriculture and Consumer Services
Division of Administration
CERTIFICATION REGARDING LOBBYING;
DEBARMENT, SUSPENSION AND OTHER
CHMLES H. BRONSON RESPONSIBILITY MATTERS
COMMISSIONER FOR EXPENDITURE OF FEDERAL FUNDS
As required by 7 CFR Pon 3018, for persons entering into a contract. grant or 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
[tempting 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, this entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal giant or cooperative agreement,
(b) If any funds other then Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a
Member or 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 subiecipients. snail certify
and disclose accordingly.
This certification is a material representation of fed 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 transection, imposed by section 1352, title 31, U.S. Code. Any
person who falls to file the required certification shall be sublect to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
PRINTED NAMEITITLE OF REPRESENTATIVE
SIGNATURE OF REPRESENTATIVE I DATE
CONTRACT I PURCHASE ORDER NUMBER
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 faise statements, or receiving stolen property,
W Are not presently indicted for of 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 defauff- and
Mere the applicant is unable to certify to any of the statements in this certification, he or she shall aftach an explanation to this
application.
'A _ - I........ ....... .... ............. ................................ ... . ..........Oki 5WWE bi�Atx s&TAW CONTRACT / PURCHASE ORDER NUMBER
SIGNATURE OF REPRESENTATIVE I DATE -
DAGS-01522 03109
26
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT D
FLORIDA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROPOSAL FORM 2009-2011
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 81/2" X
11", except any attached sketches, plans and maps which must be no larger than 2' X T and folded into 8 1/2" X 11". Six
(6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the
project description and all attachments must be received no later than February 12, 2010, at:
Department of Agriculture and Consumer Services
Purchasing Office - Forest Health Improvement Initiative - 2009-11 PROPOSAL
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 617-7181
If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title: _
Proposer Name:
Name and Title of Contact Person:
Address:
Zip:
FEID Number
Phone:( )
US Congressional District Number
Is your organization a Nonprofit 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:
`*A
Date:
BID NUMBER: RFP/DF-09/1047 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
Forest Health IMPROVEMENT Initiative Grant Proposal
(two page limit, #12 font, single-space)
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?
28
BID NUMBER: RFP/DF-09/10-47
OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Category:
Specific Description:
SUMMARY OF COSTS
Contractual costs
Equipment Use costs
Supplies costs
Operating costs
Tree costs
Total Requested Grant (1) $
ATTACHMENT E
BUDGET
Requested Grant $
1
A budget, detailing all costs identified above must be attached.
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:
29
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects
must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be
planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED
INELIGIBLE
Cost Items
Quantity
M
Rate or Price
M
Grant Cost
M
Contractual
(Description)
Equipment Use
(list items)
30
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost
W) M M
Supplies
(list items)
31
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Cost Items
Quantity
M
Rate or Price
M
Grant Cost
M
Trees
(list species and size)
Total
32
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT F
ARRA Forest Health Improvement Initiative Grant Program
EXAMPLE
RESOLUTION 00-123
A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO A 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 a Forest Health Improvement Initiative Grant
which would provide monies to improve the condition of the community's tree canopy; and
WHEREAS, the City of Hometown desires to apply for a Forest Health Improvement Initiative Grant
which would provide monies to improve the condition of the community's tree canopy; and
WHEREAS, the City of Hometown wishes to enter into a Forest Health Improvement Initiative 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 improvement of the condition of the city's tree canopy.
Section 2. The City Council hereby authorizes the City Manager to enter into a Forest Health
Improvement Initiative Grant Memorandum of Agreement between the City of Hometown, Florida and
Florida Department of Agriculture and Consumer Services.
INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF January, 2010.
BY:
Mayor
ATTEST:
City Clerk
33
APPROVAL AS TO FORM:
City Attorney
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT G
EXAMPLE
ARRA FOREST HEALTH IMPROVEMENT INITIATIVE
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 Name of Agency, 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
XX-XX, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.688;
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. XX-XX, dated month/day/yr, has indicated its support of
the grant application and authorized its officers to execute this Agreement on its behalf;
NOW, THEREFORE, the parties, for and in consideration of the mutual covenants and agreements
contained herein 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, 2011.
C. The Contractor has estimated the project cost to be $ 24. 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 $ 24.000 of the final approved project costs. 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.
34
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
F. The Contractor agrees to submit to the Department an interim report on project accomplishments
quarterly (June 30, 2010, December 31, 2010, March 31, 2011, etc.). Failure to submit a required
report or submission of an unsatisfactory report is sufficient grounds for termination of this
agreement.
G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be
provided. Applicants must submit a completed reimbursement summary sheet to the Department
with sufficient attachments to verify the claims made. These may include invoices, receipts,
canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid
to the 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.
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
September 30, 2011.
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 was received or the goods or
services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer
pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To
obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850) 488-2020 or Purchasing
Office at (850) 617-7181. Invoices returned to an Entity (Subrecipient) due to preparation errors will result in a
payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof. 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
35
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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 Contractors who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by
calling the Department of Financial Services' Hotline, 1-800-342-2762.
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:
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 of Agriculture and Consumer Services shall have the right of unilateral
cancellation for refusal by the Contractor to allow public access to all documents, papers, letters or
other material made or received by the Contractor in conjunction with the contract, unless the
records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida
Statutes.
C. By either party following sixty (60) calendar days written notice.
In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant
Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been
completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of
the Grant amount equal to the percentage of the project's completion.
Extension of a contract for contractual services shall be in writing for a single period only not to exceed
six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There
shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for
completion of the contract is due to events beyond the control of the Contractor. If initially competitively
procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3)
years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for
contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the
initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department.
Renewal costs may not be charged by the Contractor.
It is mutually understood and agreed that this contract is:
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).
36
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency.
The following provisions of A through K are not applicable to procurement contracts used to buy goods
or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state
agencies to Nonstate entities to carry out state projects in accordance with and subject to
requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding
upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or
for -profit organization that receives state resources. Recipient means a Nonstate entity that
receives state financial assistance directly from a state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or
project -specific audit conducted for such fiscal year in accordance with Section 215.97, F.S.,
applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit 2
to this agreement indicates state financial assistance awarded through this Department resource
by this agreement. In determining the state financial assistance expended in its fiscal year, the
Recipient shall consider all sources of state financial assistance, including state financial
assistance received from this Department resource, other state agencies, and other Nonstate
agencies. State financial assistance does not include Federal direct or pass -through awards and
resources received by a Nonstate entity for Federal program matching requirements.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and
conducted by independent auditors in accordance with auditing standards as stated in Chapters
10.550 (local governmental entities) or 10.650 ( nonprofit and for -profit organizations), Rules of the
Auditor General.
D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S.,
do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining
records concerning state financial assistance to such Nonstate entity or allowing access and
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).
37
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements
of Section 215.97, F.S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the
Recipient's records and the Recipient's independent auditor's working papers as necessary
for complying with the requirements of Section 215.97, F.S. The Recipient is required to
retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of three years from the date the audit report is issued, and shall allow the department
of Agriculture and Consumer Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state
awarding agency to conduct or arrange for the conduct of additional audits or evaluations of
state financial assistance or limit the authority of any state agency Inspector General, the
Auditor General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in
accordance with the requirements of Section 215.97, F.S. The financial reporting package
means the non -state entities financial reports, management letter, auditee's written
responses or corrective action plan, correspondence on the follow-up of prior years
corrective actions taken, and such other information determined by the Auditor General to be
necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial
reporting package required by this agreement shall be submitted by or on behalf of the
Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(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.
38
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
The Recipient shall be required to ensure expenditures of state financial assistance be in
compliance with laws, rules, and regulations applicable to expenditures of state funds, including,
but not limited to, the Reference Guide for State Expenditures (DFS).
The Recipient agrees that this agreement may be charged only with allowable costs resulting from
obligations incurred during the term of this agreement.
K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that
is not authorized to be retained for direct program costs in a subsequent period must be refunded
to the state.
The following provisions of A through H are applicable regarding the administration of resources
provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the
Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as
revised.
A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the
Recipient must have a single or program -specific audit conducted in accordance with the
provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal
resources awarded through this Department by this agreement. In determining the Federal awards
expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from this Department. The determination of amounts of federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions
of OMB Circular A-133, as revised, will meet these requirements.
B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to
auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event
that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to
have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost
of the audit must be paid from the non-federal resources (i.e., the cost of such an audit must be
paid from the Recipient resources obtained from other than Federal entities).
D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by this agreement shall be submitted when required by Section .320(d), OMB
Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
(b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse) at the following
address:
39
BID NUMBER: RFP/DF-09110-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(c) Other federal agencies and pass -through entities in accordance with Sections .320(c)
and (f), OMB Circular A-133, as revised.
E. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of
the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any
management letter issued by the Auditor, to the Department of Agriculture and Consumer Services
at the following address:
The Department of Agriculture and Consumer Services
509 Mayo Building
407 South Calhoun Street
Tallahassee, Florida 32399-0800
F. Any reports, management letters, or other information required to be submitted to the Department
of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in
accordance with OMB Circular A-133, as revised.
G. Recipients, when submitting financial reporting packages to the Department of Agriculture and
Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should
indicate the date that the reporting package was delivered to the Recipient in correspondence
accompanying the reporting package.
H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or
Auditor General access to such records upon request. The Recipient shall ensure that audit
working papers are made available to the Department, or its designee, Chief Financial Officer, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the Department.
It is expressly understood and agreed that any articles that are the subject of, or required to carry out,
this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set
forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the provisions of this contract shall be deemed to be substituted for the state
agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing
and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway,
Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850)
656-0168.
It is expressly understood and agreed that any articles which are the subject of, or required to carry out,
this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the
same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for
the purposes of this contract the person, firm, or other business entity carrying out the provisions of this
contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are
concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises,
Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of
Florida, 12425 28th Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987.
40
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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 Entity (Subrecipient) is
considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor
knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this
agreement.
The Contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business with any
public entity.
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. All products (brochures, signs, videos, etc.) funded by the Urban and
Community Forestry Grant must display a statement that the grant recipient is an equal opportunity provider.
In accordance with Florida Statute 768.28, the Contractor Covenants and agrees that it shall indemnify
and hold harmless the Department and all of the Department's officers, agents and employees from any claim,
action, neglect or omission by the Contractor during the performance of the Agreements, whether direct or
indirect, and whether any person or property to which the Department or said parties may be subject, except
that neither the Contractor nor any of its sub -contractors shall be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of
the Department or any of its officers, agents or employees.
In the event that two or more documents combine to form this agreement between the parties, including
future amendments and addenda, and in the event that there are contradictory or conflicting clauses or
requirements in these documents, the provisions of the document(s) prepared by the Department of
Agriculture and Consumer Services Contract shall be controlling.
All contracts entered into by the Department of Agriculture and Consumer Services or any Division or
Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding.
In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the
requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's
governmental agencies, the offending clause or requirement shall be without force and effect and the
requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for
that clause or requirement and be binding on all parties to this contract.
41
BID NUMBER: RFP/DF-09/10-47
OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the negligence of such
party or any of its officers, agents or employees.
All notices, demands, requests or other instruments to the Department shall be addressed to:
Mr. Charlie Marcus
Forest Management Bureau
3125 Conner Boulevard, Suite R-8
Tallahassee, Florida 32399-1650
All notices, demands, requests or other instruments to the Contractor shall be addressed to:
Ms. Corrine Lajoie
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Signed by parties to this agreement:
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Signature
Title
Date
42
CONTRACTOR
Signature
Title
Date
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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:
First applicable compliance requirement (e.g., what services/purposes resources must be used for).
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources).
3. Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language
that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For
example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or
regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State
awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
NOTE: Ifthe resources awarded to the recipient for matching represent more than one Federal program, provide the same
information shown below for each Federal program and show the total State resources awarded for matching.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) -
$ (amount)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State proiect, provide the same information shown below
for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount)
DACS-01085 REV. 11/07
43
DFS-A2-CL
July 2005
Rule 69I-5.006, FAC
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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 I be provided to the recipient.
DACS-01085 REV. 11/07
DFS-A2-CL
July 2005
Rule 69I-5.006, FAC
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT H
EXAMPLE
ARRA FOREST HEALTH IMPROVEMENT INITIATIVE
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 County, 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 Forest Health Improvement Initiative grant application Number
06-34 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 County R.O.W. on S.W. 56th Street (Miller Drive) between SR 826
and 117th 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 (ii) pruning such parts thereof which present a hazard;
(8) Removing and replacing dead or diseased trees/plants in their entirety, or
removing and replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit
A.
(10) For projects other than tree planting, ENTITY agrees to maintain and not remove
any treated trees as per Item B below.
45
BID NUMBER: RFP/DF-09/10-47
OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense
all or part of the project that falls below Project Standards. In the event any part or
parts of the project, including all plants, must be removed and replaced for whatever
reason, then they shall be replaced with the same grade, size and specification as
provided in the original plans for the project. Furthermore, the Entity (Subrecipient)
shall keep litter removed from the project area. The above named functions to be
performed by the Entity (Subrecipient) shall be subject to periodic inspections by the
Department. It is the intent of the parties that the Entity (Subrecipient) 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
CONSUMER SERVICES
Signature
Title
Date
FEID Number of Social Security Number
46
CONTRACTOR
Signature
Title
Date
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: Ifthe 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:
First applicable compliance requirement (e.g., what services/purposes resources must be used for).
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources).
3. Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws,
rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply
with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how
eligibility determinations are to be made. The State awarding agency, ifpractical, 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: Ifthe resources awarded to the recipient for matching represent more than one Federal program, provide the
same information shown below for each Federal program and show the total State resources awarded for matching•_
Federal Program (list Federal agency. Catalog of Federal Domestic Assistance title and number) -
$ (amount)
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: Ifthe resources awarded to the recipient represent more than one State proiect, provide the same information
shown below for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97,
Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) -
$ (amount)
DACS-01085 REV. 11/07
47
DFS-A2-CL
July 2005
Rule 69I-5.006, FAC
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 a@ 2:00 P.M.
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. 11/07
48
DFS-A2-CL
July 2005
Rule 69I-5.006, FAC
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT
REIMBURSEMENT SUMMARY SHEET
ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM
Name of Grantee: Contract No.
Item #
Descriptions of Items or Services Purchased
(Attach copies of canceled checks, receipts and invoices)
Grant Amount
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
49
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT J
Florida Division of Forestry
ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM
Interim Status Report
Project Status as of: PLEASE RETURN BY
(Date)
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:
Date:
Return to:
Kelly Boutwell
3125 Conner Blvd, Suite R
Tallahassee, FL 32399-1650
Fax: 850-921-8305
Date:
Date:
Date:
Technical Assistance on Project Site • • Technical Assistance on Urban Program • -
Technical Assistance on Claim Process • • Certification of Completion/Acceptance • -
Unforseen problems or circumstances:
50
Prepared By:
(Print Name)
(Signature)
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT K
Florida Department of Agriculture and Consumer Services
Division of Forestry
h�weWo
CHARLES H. 13RONSON Recovery Act Questionnaire 19
COMMISSIONER
The American Recovery and Reinvestment Act (Recovery Act) was signed by President Obama on February 17, 2009. It
is an unprecedented effort to jumpstart our economy, create or save millions of jobs, and put a down payment on
addressing long -neglected challenges so our country can thrive in the 21st Century. The Recovery Act provided a wide
range of public benefits including $250,000,000 to the United States Forest Service nationally for state and private
forestry activities. These activities include hazardous fuels reduction, forest health, and ecosystem improvement.
Funding for the contract you received through the Division of Forestry came from the Recovery Act. In an effort to show
fiscal accountability and transparency, the Division of Forestry has been tasked with certain reporting requirements. This
questionnaire must be completed and submitted along with your final invoice. The information we gather will be used to
show how these projects impacted our local economies. Thank you for your cooperation.
1. As a result of this contract did you hire any new employees? ❑ YES ❑ NO
a. If yes, how many? I I Em
b. How many hours did they work on this contract? Hours
_._ .�. _ . _.. ........ ._ ._..............
As a result of this contract were you able to keep any employees that would have otherwise
2" been laid off? n YES n NO
a „ If yes, how many?.Employees .._..._._....._........
b. How many hours did they work on this contract? I I Hours
3. If you have any of the following documentation, please attach a copy.
a. Advertisements or other documentation related to any position that was created.
b. The name and start date of any employee hired to fill a created position.
C. Emplee bmesheets for anyoosibons that were created or retained ,
d. A description of any position being created or retained.
e. Layoff notice or other documentation eliminating the position if no Recovery Act
Do you have any additional comments you would like to share with us concerning the funding
PRINT NAME SIGNATURE DATE
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT M
FLORIDA POPULATION REGIONS
POPULATION ZONE #1 COUNTIES $465,000
Escambia
Liberty
Santa Rosa
Franklin
Okaloosa
Gadsden
Walton
Leon
Holmes
Wakulla
Washington
Jefferson
Bay
Madison
Gulf
Taylor
Calhoun
Dixie
Jackson
Lafayette
Brevard
Sumter
POPULATION ZONE #2 COUNTIES $465,000
Pinellas
Hillsborough
Polk
Orange
Osceola
Lake
Indian River
St. Lucie
Okeechobee
Highlands
Lee
Glades
POPULATION ZONE #3 $466,000
Collier Palm Beach
Hendry Broward
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Suwannee
Hamilton
Columbia
Gilchrist
Baker
Union
Bradford
Alachua
Duval
Nassau
Seminole
Manatee
Hardee
Desoto
Sarasota
Charlotte
Dade
Monroe
Clay
St. Johns
Levy
Putnam
Flagler
Marion
Volusia
Citrus
Hernando
Pasco
Martin
BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
ATTACHMENT M
FLORIDA DIVISION OF FORESTRY
DISTRICT/CENTER CONTACTS
Note: Individual County Forester contact information is available on the website at www.fi-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
850/414-1131
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
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
Myakka River District (Manatee, Sarasota, Charlotte, Desoto, Hardee Counties)
District Manager - Duane Weis
941 /751-7629
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
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
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.
The planting hole should be at least 2-3 times the diameter of the root ball (where possible) and at a
depth where the tree's root flare is even or just above ground line.
Position the tree or palm in the center of the planting hole with the tree's root flare at or up to two inches
above the surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill
' the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the
backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark
mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or
palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
C. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree diameter
increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
Stakes and ties should remain on the trees no longer that one year to avoid girdling.
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BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M.
D. Pruning
At the time of planting, only dead, damaged, rubbing or cross branches 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.
E. 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.
F. Fertilizing
Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer
plugs/stakes are recommended.
Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the
tree or palm and any special nutrient requirements).
If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization
program accordingly.
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