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Home My WebLink AboutCity of Tamarac Resolution R-2006-1091 Temp. Reso. #10991 June 28, 2006 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- N d A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR AN EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT IN THE AMOUNT OF $50,000 FOR THE PROVISION OF TREES LOST ON PUBLIC PROPERTY OR RIGHTS OF WAY IN TAMARAC DURING HURRICANE WILMA; AUTHORIZING ADHERENCE TO THE THREE-YEAR MAINTENANCE PLAN AND EXECUTION OF THE MAINTENANCE MEMORANDA OF AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF AGRICULTURE IN THE EVENT THE AWARD IS APPROVED; PROVIDING FOR A CASH MATCH OF 25% IN LOCAL FUNDS IN THE EVENT OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide open space and recreational opportunities within the City; and WHEREAS, the City of Tamarac realizes the importance of restoring and expanding urban forests within the City; and WHEREAS, the City Commission of the City of Tamarac realizes that trees provide many benefits to residents including energy conservation, wildlife habitats, wind buffers, decreased storm water runoff, and cleaner air; and Temp. Reso. #10991 June 28, 2006 WHEREAS, Hurricane Wilma impacted the City of Tamarac in October 2005 with up to Category 2 force winds that took a significant toll on the City's urban forest, including uprooting and damaging trees; and WHEREAS, the City wishes to replenish its urban forest lost in the wake of Hurricane Wilma; and WHEREAS, the Florida Department of Agriculture and Consumer Services through the 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program provides funds to municipalities to restore urban forests in the wake of the 2005 hurricane season, particularly Hurricane Wilma; and WHEREAS, the granting agency requires that a Resolution is made part of the application; and WHEREAS, the application process requires that the City of Tamarac maintain the trees according to a three-year maintenance plan and agrees to, upon approval of the application and acceptance of the award, execute a Maintenance Memoranda of Agreement (Attached hereto as Exhibit B) and Grant Memoranda of Agreement (Attached hereto as Exhibit C) with the Department of Agriculture; and WHEREAS, should the application be approved and awarded, the City agrees to maintain the trees which are the subject of these applications on an ongoing basis; and WHEREAS, the City of Tamarac is willing to match 25% of the project cost with local funds in the event of approval; and Temp. Reso. #10991 June 28, 2006 WHEREAS, it is a requirement of the grant program that this Resolution be adopted and become an official part of the application; and WHEREAS, the Assistant City Manager and the Director of Public Works recommend filing the application, (attached hereto as Exhibit A); and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to submit an application to the Florida Department of Agriculture and Consumer Services 2006 Emergency Hurricane Supplemental Grant Program in an amount of $50,000 to replenish the City's urban forest, and to enter into a Maintenance Memoranda of Agreement and Grant Memoranda of Agreement between the City and the Florida Department of Agriculture and Consumer Services in the event the award is approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: The appropriate City Officials are HEREBY authorized to submit a 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program application for $50,000 to the Florida Department of Agriculture and Consumer Services providing for a 25% cash match in local Temp. Reso. #10991 June 28, 2006 funds of $16,667 for a total project cost of $66,667 in the event of approval of the application. A copy of said application is attached hereto as Exhibit A. SECTION 3: The appropriate City officials are hereby authorized to abide by the three-year maintenance plan (attached hereto as Exhibit D) and enter into Maintenance Memoranda of Agreement (attached hereto as Exhibit B) and Grant Memoranda of Agreement (attached hereto as Exhibit C) with the Department of Agriculture and Consumer Services should the application be approved. Section 4: 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 5: Upon approval of the grant award, the appropriate City Officials are HEREBY authorized to amend the existing Streets Improvement Program Budget in the amount of $50,000 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. #10991 1 L. 1 June 28, 2006 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ), day of Jc ne ,2006. ATTEST: i MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1k,r SAMUEL' REN CITY ORNE -0�" W�11M RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER EXHIBIT A. Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 CHAR%ES V. BRONSON CONRISSIONER Telephone: (850) 487-3727 Pagel of 60 Pages BIDS NO. RFPIDF-05/06-123 WILL BE OPENED JULY 14, 2006 @ 2:00 P.M. AGENCY ,MAILING DATE: and may not be withdrawn within 90 days after such date and time May 15, 2006 NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT August 31, 2006 BID TITLE:: 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME AUTHORIZED SIGNATURE (MANUAL) VENDOR MAILING ADDRESS CITY - STATE - ZIP AUTHORIZED SIGNATURE (TYPED) TITLE TELEPHONE: ( ) I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that t 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 buit 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 1hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing .agency tenders final payment to the Proposer. GENERAL INSTRUCTIONS TO RESPONDENTS DefinMons. The definitions found in S. 60A-1,001, F.A.C. shall 4. Terms and Conditions. All responses are subject to the terms of the apply to this agreement. The following additional terms are also following sections of this solicitation, which, in case of conflict, shall defined: have the order of precedence listed: (a) 'Buyer" means the entity that has released the solicitation. •• Technical Specifications, (b) -Procurement Officer" means the Buyer's contracting personnel, •• Special Conditions, as identified in the Introductory Materials. •- Instructions to Respondents (PUR 1001), (c) 'Respondent" means the entity that submits materials to the •• General Conditions (PUR 1000), and Buyer in accordance with these Instructions. •• Introductory Materials. (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. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. '3. Electronic submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references *6. 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 consKutes: •• 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. 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. 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 6. 8. 9. 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 de 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. •• To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. •• The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. •• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. •• The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. •• Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or a 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. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of 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. 11, Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 12. 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.fi_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. 13. 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. 14. 15. 16. 17 `1 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. **18. Public Records, Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 19, Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287,042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Cade. 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." 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 3. 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 4 the Customer and Contractor. (b) "Customer' means the State agency or other entity that will order products directly from the Contractor under the Contract. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order' means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and 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. (PUR 1001-60A-1.002(7), F.A,C,) 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 onetime delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer- During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) sales Promotions- In addition to decreasing prices for the balance of the Contract term due to a Change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 14 6. a. 9. 10. 11 12. (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated 13. between the Customer and the Contractor- Customers are obligated to actively seek current fair market value when trading equipment; and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) EguitableAdiustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association forelectrically 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. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and 14. *15. 16. Contractor suspension. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shalt perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"), Pursuantto section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A- 1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215,422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 19. 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, orother authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the. Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime, travel and lodging expenses: and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sale 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 paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 21. Limitation of Liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible_ No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, atwhich time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 23. 20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, 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 24. Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnity, defend, and hold harmless the State and Customers from any suits, actions, damages, Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. Termination for Cause. The Customer may terminate the Contract if the Contractorfails to (1) deliverthe productwithin the time specified in the Contract orany 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 A06(3), F.A,C., governs the procedure and consequences of default. The Contractor shall continue work on any 26. 27 28. 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, unlessthe 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. Scope Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract, The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost ortime of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, 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; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contractwith prior written notice to Contractor of its intent to do so. 30. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply. The parties waive any right to jury trial. 31. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet orexceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shal 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 al work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 32. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insum confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 33. 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 (hearth, workers' compensations, and unemployment) from an employer other BID NUMBER: RFP/DF-05/06-123 than the Sta of Florida. 34. Insurance Begsrirements. [During the Contract term, the Contractor at its sole mpense shall provide commercial insurance of such a type and with such texms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage isa material obligation of the Contractor. Upon request, the Contractorshadprovide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpretedas 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. 35. Warranty of Assthority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to theCorWact. 36. 37 38 39. 40. Warranty of AbUlty to Perform, The Contractor warrants that, to the best of its knovWedge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial Condition, that would in amy way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it wr awy 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 governmer4. The Contractor shall immediately notify the Customer in writing if itsability to perform is compromised in any manner during the term of the Contract. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, orby 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. 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, 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 ofthe 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 andthe products it offers is available at http://www.pridefl.com, Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation_ "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org- 41. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 42. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions 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. 43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 44. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 47. Special Conditions. Pursuant to 6OA-1.002(7), F.A.C., a Customer may attach additional contractual and technical terms and conditions. These "special conditions" shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. 'THIS CONDITION DOES NOT APPLY TO THIS AGENCY (PUR 1000-60A-1.002(7), F.A.C.) BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2.00 P.M. CHECKLIST 1. The entire Request for Proposal (RFP) has been read. 2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Pages 1-7) is completed and signed, with the first page submitted. 3. Conflict of Interest Statement (Attachment B) is completed and signed. 4. Certification Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements (Attachment C) are completed and signed. 5. Urban and Community Forestry Proposal form (Attachment D) is completed and signed in blue ink, and a narrative included. A complete address is provided for the Proposer (include street address or post office box, city, zip code and telephone number.). Please note: All future correspondence will be sent to the listed contact person. 6. Detailed itemized budget summary (Attachment E), including supplemental pages is completed on the forms provided. 7. In all instances where an applicant's proposed project impacts a local government's jurisdiction, a resolution (by the local government) indicating support for the project must be submitted with the Grant Proposal Packet (Attachment G). 8. For Tree Planting Projects, a resolution from the responsible governing body must be submitted with the Grant Proposal Packet, indicating that they will execute a Maintenance Memorandum of Agreement with the Department of Agriculture. 9, Documentation of costs incurred and photographs before the completion of Site Specific Projects, as well as after completion for projects implemented since August 29, 2005. This documentation needs to be submitted as evidence that storm damage has occurred for site specific projects, where applicable. 10. For site specific projects along roadways, please provide on page 2 of the Proposal form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a slash (/), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers you are giving. 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) copy with original signature in blue ink and five (5) copies of the proposal package have been submitted. BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. REQUEST FOR PROPOSAL 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM INSTRUCTIONS TO PROPOSERS Each proposer must complete/provide the following to be considered: HOW TO SUBMIT A PROPOSAL Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000, "Instructions to Respondents and General Contract Conditions," and received there by the time and date listed on the form. In addition to the address, the face of the envelope shall be marked with the date and time of the proposal opening and the proposal number. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one original and five copies) of the proposal including all attachments. a. These should be printed/copied on one side only and should not exceed forty (40) pages, including attachments. b. All attachments must be folded to a size not to exceed 8 1 /2" X 11 ". c. All proposals must be complete and bound by binder clip or staple - NO folders or binders of any kind. d. All signatures on the "original" must be in blue ink. e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2, proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal. 2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions - Complete, date and obtain a signature from the individual who is legally authorized to approve submittal of the proposal. Failure to return a signed form will cause the proposal to be ruled ineligible. 3. Conflict of Interest Statement (Attachment B) - must be completed and signed. 4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug free Workplace Requirements (Attachment C) - must be completed and signed. 5. Grant Proposal Form (Attachment D) - Proposers must use this form. It must not be altered in format or content. This form must be completed in its entirety with the project narrative (two page maximum, minimum 12 font). The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals will cause the proposal to be ruled ineligible. 6. Budget (Attachment E) - Must be completed in detail, in its original format, with accompanying detail pages. BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. TABLE OF CONTENTS Request for Proposal - Form 1001/1000 Instructions to Respondent's and General Contract Conditions Special Terms, Conditions, Specifications Attachment A - Notification of Vendor Ombudsman's Name and Telephone Number Attachment B - Conflict of Interest Statement Attachment C - Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements Attachment D - Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative Format/Evaluation Form) Attachment E - Budget Attachment F - Example Emergency Hurricane Supplemental U&CF Grant Proposal Attachment G - Example Emergency Hurricane Supplemental U&CF Grant Resolution Attachment H - Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA) Attachment I - Draft Emergency Hurricane Supplemental U&CF Grant. Maintenance Memorandum of Agreement (MMOA) Attachment J - Division of Forestry Local Contacts 10 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. REQUEST FOR PROPOSAL DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS INTRODUCTION During the months of August and September, 2005, three hurricanes caused widespread damage to the urban forest component of community infrastructures in the southern portion of the State of Florida. It is estimated that at least 70 incorporated communities and 2.8 million people were impacted by hurricane force winds, in some cases on three separate occasions. The loss of tree cover in these communities has created negative economic, ecological, and aesthetic consequences. These include decreased property values, loss of tourism, extensive cleanup and recovery costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to surviving urban trees need to be made to improve their health and reduce damage from future storms. Local community leaders and the general public also need to learn more about how their urban trees benefit their communities, from an economic, social, and environmental standpoint. They also need to learn how to properly select, plant and care for trees to minimize resulting future storm damage. To address the situation, the USDA Forest Servicerequested emergency funding from Congress to help impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for this grant program under the "Defense Authorization Bill (HR 815)." This legislation provides disaster assistance to "...mitigate the effect of recent hurricanes and other weather related events." PURPOSE The purpose of the 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program is to provide financial assistance for tree planting, arboricultural practices, assessment, and educational programs in the impacted urban areas of the State of Florida. Local governments, Native American Tribal Governments, volunteer groups, nonprofit organizations and educational institutions in the selected counties are eligible to receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway and street rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non profit entities. Approximately $700 thousand in grant funds will be available for the impacted communities. Applications from the following counties will be eligible for funding: • Broward • Dade • Monroe • Collier • Hendry Applications received during this enrollment period will be prioritized based on the degree of wind impact they received and the quality of their project proposal. 11 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. The following practices will be eligible to receive grant funding under this proposal: Replanting trees destroyed by the hurricanes of 2005, and planting appropriate new trees in areas where they would serve as wind buffers to protect property in the event of future storms. Providing appropriate replacement trees to homeowners who lost trees as a result of the hurricanes. • Controlling exotic vegetation in public areas that has been spread as a result of the hurricanes of 2005. • Conducting corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and improve the wind resistance and overall health of surviving trees. • Conducting damage assessments and inventories of trees on municipal properties. Developing and presenting educational materials and programs for the general public and urban forestry professionals. SCOPE The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to provide funding to states for grants to communities in support of their urban forestry programs. Florida Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments within the State of Florida. DEFINITIONS For the purpose of this Request for Proposal (RFP): 1. "Applicant" means a local government, a Native American Tribal Government, a legally organized nonprofit organization or an educational institution submitting a proposal for federal funds under this grant program. 2. Appropriate Species for Tree Planting" refers to selecting tree species that are suited to the size, soil characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or breakage during storms. 3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida Statute 589.30. 4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit organization or educational institution. 5, "Commissioner" means the Commissioner of Agriculture for the State of Florida. 6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an agency of the State of Florida. 7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement to minimize a tree's risk to life and property. 12 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 8. "Local Government"' means a county, municipality, city, town, village, local public authority, school board district, independent special district of any type, regional government entity, or any agency of a local government. 9. "Nonprofit Organization" refers to an organization which has tiled an application with the Secretary of State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a Federal Employer Identification Number by the Internal Revenue Service. This may include homeowners associations, where the nature of their application is consistent with the eligibility limitations of this grant program. 10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments and supporting documentation. 11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement is to improve the long term health of trees. 12. "RFP" means Request for Proposal. 13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a proposed planting site and make the site suitable for tree planting and growth. 14. "State Forester" means the Director of The Division of Forestry. 15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities in more than one municipality of the state as determined by the Department. 16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to coordinate implementation of the grant program. 17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the qualifying proposals. ELIGIBILITY REQUIREMENTS 1. Qualified applicants include legal nonprofit organizations, educational institutions, local government entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or more unincorporated population centers within their jurisdiction, 2. Applicants from the counties listed above are eligible to apply for grants. 3. Projects that have been initiated since August 29, 2005, are eligible for funding under this grant, provided that adequate financial documentation and verifiable evidence of successful completion exist. 4. Project expenditures for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. 5. FEMA or other Federal funds can not be used to match funding received under this grant. 6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non profit entities that can be planted in either residential yards or "common areas." 13 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 7. Total grant requests for each proposal are subject to the following maximum limits: • $50,000: Communities with populations greater than 35,000, which received sustained Category 1 or greater hurricane force winds from at least one storm. $35,000: Communities with populations of between 10,000 and 35,000, which received sustained Category 1 hurricane or greater force winds from at least one storm. • $25,000: Communities with populations of less than 10,000, which received Category 1 or greater hurricane force winds from at least one storm, and all other applicants from the eligible counties. The minimum grant award is $2,000 for educational projects and $5000 for all other projects. 8. Applicants may submit and receive funding for more than one application if sufficient funds are available. 9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private vendor to oversee the implementation of this grant. 10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the implementation of this grant. ELIGIBLE PRACTICES The following practices are eligible to receive funding under this grant program. Practices 1-4 may only be carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights of way maintained by non federal entities. Reforestation This may include tree planting projects to achieve one of the following objectives: a. Replacement of trees that were severely damaged or destroyed during the storms. The trees do not have to be planted in the exact same location. b. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer wind damage to property caused by future hurricanes. Tree Plantin Requirements: a. Each project must include at least three tree species native to the area and suitable for the site and objective. b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized by the Division of Forestry. c. No multi stem trees may be planted under this program without permission of a Division of Forestry representative, with the exception of the following species: River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, Japanese Privet, and Chickasaw or Flatwoods Plum. d. Trees listed on the Florida Exotic Pest Plant Council's list of Florida's Most Invasive Species, on the internet at (www.fleppc.org ), may not be planted as any part of this grant program. e. Applicants should consult with various sources to avoid selecting tree species that have proven to be especially susceptible to wind damage, either from wind throw at the ground level or from stem breakage. 14 BID NUMBER: RFP/DF-06106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch caliper. Palms may not be taller than 16 feet, clear trunk. This applies to both the cost -shared and the matched portion of the project. g. A maximum of $375.00 per tree or palm for purchase and planting is allowable for reimbursement under the grant. An additional $125 per tree or palm can be charged as match. h. The grant application may include up to $500.00 per planting site for site preparation costs directly related to the tree planting. This may include removal of damaged or otherwise hazardous trees that have occupied the site. Site preparation costs which have already been reimbursed from another source are not eligible; however, these costs may be applied to the grant match if the reimbursement originated from a non federal source. i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only serve as a matching cost, and as such cannot be reimbursed. j. Up to ten percent (10%) of the grant award may be used for each of the following purposes: 1. The purchase and/or installation of irrigation equipment or an irrigation system, or contract watering of the trees during the 60-day grow -in period. The remaining cost may be applied toward the match requirement. 2. Rental of equipment for site preparation or tree planting. 3. Labor costs. k. A maximum of $12.00 per tree may be spent on planting and support materials for the tree, as well as in-house watering during the grow -in period. Proposals must include the following information: 1. A location map, either hand/machine drawn, aerial photo, plat map, or a digital orthoquad. 2. A minimum of three color photographs of the planting site(s). 3. A detailed planting plan (site plan) for at least one of the areas to be planted, which shows the location of the trees/palms, existing structures, and site limitations such as underground utilities and overhead wires. 4. Written approval from the Florida Department of Transportation for planting and maintenance on the State right-of-way. 5. A brief three (3) year maintenance plan to be carried out by the grant recipient at their expense. This can be incorporated into the grant narrative in Section D. Maintenance costs incurred after certification by the Division of Forestry are ineligible for reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for the project, must be signed by the grant recipient if awarded a grant. 6. A resolution by the managing agency of the property (if different from the applicant) which states that they concur with the grant proposal and maintenance plan. M. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The proposal should state how the trees will be watered and cared for during the grow -in period. 15 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Tree Plantings must follow established procedures for handling, placement, and maintenance. Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional guidance. 2. Exotic Vegetation Control in Community Parks and Natural Areas This would apply to plant species listed on the Exotic Pest Plant Council's list of Florida's Most Invasive Species (Category I and ll), on the internet at (www.fleppc.org). Infestations of these species that have resulted from the 2005 hurricanes, or have been exacerbated by the hurricanes, are eligible for treatment under this program. Funding is available to cost share up to two treatments of an infested area. Grant applications for this practice need to include the following information: a. A narrative that describes the species, location, origin and extent (acres, density, etc.) of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard recommendations for treating the species, as listed in publications produced by the University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest Service. Before approval, the treatment will be subject to review. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if available, should be included. c. At least three photographs of the infested area which indicates the extent of the infestation. 3. Arboricultural Practices for Mitigation and Remediation of Surviving Trees The purpose of this practice is to repair damage to trees caused by the 2005 hurricanes, eliminate immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was performed immediately after a storm, and improve the tree's wind resistance and overall health. Eligible activities would include remedial pruning, righting and re -staking, fertilization treatments, cabling and bracing, or other related treatments. Grant applications for this practice need to include the following information: a. A map of the area, showing the location of the trees to be treated. An approximate street address, as well as GPS coordinates if available, should be included. A narrative that describes the extent of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard practices as described in the American National Standards Institute (ANSI) ANSI A-300 Tree Care Standards manuals. Another source of technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state whether a vendor will perform the treatments, or if in-house labor and equipment will be used, and how the recipient will supervise the project while in progress. It is preferable that an ISA certified arborist or a graduate forester from an accredited four-year forestry program be involved in planning and implementing the practice. 4. A. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy loss from storms, identify areas needing reforestation or new tree plantings, and provide background information to develop a comprehensive urban forest recovery and management plan. Eligible expenses include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary staff to conduct the inventory, and any other costs associated with data collection or processing. 16 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. B. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural treatments or total removal, as well as the urgency of completing these treatments for each tree. Grant applications for the above two practices need to include the following information: • A map of the area where the inventory or assessment will take place, including street locations. • A narrative that describes the need (related to the 2005 hurricanes) to conduct the inventory or assessment in the selected area, the percentage of trees within that area that will be included, the data that will be collected, how that data will be processed, and the desired results. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. 5. Providing Trees to Homeowners Government entities or non-profit groups may receive grants to provide trees to private homeowners who lost trees during at least one of the hurricanes of 2005. Trees can be planted in residential yards, neighborhood common areas (including those not publicly owned), or road rights -of -way (including those not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher program set up with local vendors. The project description submitted with the application needs to include the following details: a. A list of tree species that will be provided. At least three species, more if possible, need to be included. All species need to be suitable for the local climate and site conditions. None can be listed as invasive exotics, as described under the Reforestation section. Species suited for different sized planting areas (small, medium, large) also need to be represented. b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap," and between three and fifteen gallons in size, unless the sponsoring agency can make equipment available to move and plant larger trees. c. The _delivery and distribution system that the applicant will use. This includes the personnel and equipment involved, and who will furnish them. Trees need to be transported from the vendor to the eventual recipient in a timely manner, and properly cared for during the handling period. d. The publicity strate _p y gyth_ at will be. used to make potential recipients aware of the program_ This could include printed literature, PSA's, media contacts, advertisements, etc. e. Literature that will be provided to homeowners to explain site location, preparation, species selection, handling, planting techniques, and post -planting care, in order to ensure good survival and growth. Funding through this grant program can be used to either purchase, develop or reproduce this literature. Applicants can achieve the grant match for this activity through in-house labor, materials and equipment, volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees that can be negotiated through the vendor. Information and Education This category is provided to make individual residents, community officials, and private vendors more aware of urban forestry management practices that will reduce damage to trees from hurricanes and tropical storms. Also, materials can address what steps to take immediately before and after a storm, how to proceed with storm cleanup, and available sources of assistance_ Emphasis needs to be placed on the 17 BID NUMBER: RFP/DF-05/05-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of tree damage resulting from storms. Local governments, nonprofit organizations, and educational institutions are eligible to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for distribution to the general public, or to cost -share seminars and workshops related to Urban and Community Forestry topics. The emphasis here is on providing information to the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology transfer). A resolution or letter signed by the chief executive officer of the applicant is required which states that they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not eligible for grant funding in this category, but can be used as part of the match. Eligible Activities: a. Educational programs - for the exhibition, purchase or development of materials for the benefit of public education as described above. Workshops/Training Sessions/Conferences/Seminars - for the support and organization of public programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel expenses, audio/visual equipment rental and related expenses. c. Youth programs - for the development and production of programs which will involve/benefit young people, K through college level. d. Public service materials - (PSA development) - for the development of or purchase of public service programs, videos, or slide shows which educate the public. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). e. Brochures - for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure consistent with the goals of this grant program. Applicants are encouraged to utilize existing brochures on the selected topics, if they exist, and apply for funding for the purchase and distribution of brochures. f. Exhibits - for the purchase of or design, development and construction of an educational/informational exhibit which promotes the goals of this grant program. All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following statement: "Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's Urban and Community Forestry Grant Program." SELECTION CRITERIA The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following criteria must be met before the grant proposal may be determined to be complete: The proposal must contain all the requested information and be legible and understandable. 18 BID NUMBER: RFP/DF-05106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 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. A budget detailing all costs of the project must be submitted with the proposal. 4. For site specific projects which have already been completed, documentation of costs incurred and photographs before (if possible) and after the completion of the project must be included. 5.. This documentation also needs to be submitted as evidence that storm damage has occurred for site specific projects that have not yet been implemented, to the extent that it is available. Documentation should also indicate what costs have already been reimbursed, and from what source. 6. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned proposals will be ruled ineligible. PROPOSAL EVALUATION CRITERIA Once the submitted proposals have been reviewed and determined to be complete, they will be ranked according to the following criteria: The severity of the storm(s) that impacted the communities where these projects are to be carried out. They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data supplied by the National Hurricane Center. Applications will receive the following number of points. • Category 3 and above Hurricane: 200 points • Category 2 Hurricane: 75 points • Category 1 Hurricane: 50 points • Tropical Storm: 20 points Within each county, applications will be ranked according to the quality of the proposals submitted, according to the following criteria: a. Demonstrated Need - Highest score will be given to proposals that describe and document the extent of impact to the community's urban tree resources, and the need for cost share dollars. Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 25 points b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals and explain how the applicant will ensure that the practice will be maintained to provide long term benefits to the community. 15 points c. Technical Correctness - Highest score will be given to proposals where the documentation indicates that a competent professional (either an ISA certified arborist or graduate forester from an accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the practice, and that the practice will be carried out in a technically correct manner according to the practice specifications. 20 points d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher scores will be given to applications where a partnering entity has provided either funding, materials, or logistical support. 20 points 19 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JUL.Y 14, 2006 @ 2:00 P.M. e. Completeness of Proposal - Highest score will be given to proposals containing all of the required attachments and providing a detailed explanation of the proposal. 10 points f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry program. Current member as of 2004. 5 points g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its urban forestry program. Current member as of 2004. 5 points In order to be considered acceptable, an application must achieve a quality score of at least 50 points out of a possible 100 points, according to the above criteria. A committee of public and private sector urban forestry professionals will evaluate these components of each proposal. 1 If all other factors are equal, the following criteria will be applied: • Applications from smaller communities will receive priority over those from larger communities. • Applications for practices which will be implemented in areas where the general public has access to the treatment site, such as public rights of way, streets, and parks will receive priority over those to be implemented in areas where access will be restricted. • Approvals will be distributed as equitably as possible over the eligible counties, in proportion to the population and number of applications received from those counties. URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE' MEMORANDUM OF AGREEMENT, if applicable) Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement must be fully executed between the Department and the Applicant. 1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and the terms of payment for the project (Attachment H). 2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities for maintenance of any areas where site specific projects are funded under this grant (Attachment 1). 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, tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. 20 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 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 should additional funding become available. 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. EXECUTION OF AGREEMENTS AND DOCUMENTS Upon notification of a Grant Award, the following shall take place: 1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result in the grant offer being withdrawn. 2. Although it is the intent of the Department to expedite the grant award process as much as possible, applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement before October 1, 2006, and should schedule their projects accordingly. 3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall stipulate: a. What is to be accomplished under the grant. b. The schedule and payment terms. c. The schedule and content of progress reports. d. Any penalties or actions that the Department will take in the event of noncompliance. e. The methods to be used by the Department to determine compliance with the terms of the grant agreement. f. Maintenance responsibilities for trees planted as part of the grant program. REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION The Department shall ensure that the terms of the agreements executed under these guidelines are enforced. An interim report showing the status of the project is due December 31, 2006, and thereafter on a quarterly basis until the project is completed. The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the Department. 21 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. All projects must be completed by September 30, 2008. All reimbursement claims must be submitted by November 15, 2008. FUNDING SOURCE Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are nationally authorized by the Defense Authorization Bill (HR 815), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has allocated approximately $700,000 of the funds received from the U.S. Forest Service for grant applications received during this enrollment period. Should additional funding become available, it will be added to this amount. State funds will be allocated on a priority basis to areas impacted most heavily by the 2005 hurricanes. FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding. The State of Florida's performance and obligation to pay under this grant program is contingent upon funding by the U.S. Forest Service. A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or contributions of materials and/or services. In -kind services provided by Division of Forestry employees may not be used to contribute to the match by the grant recipient. ALLOWABLE COSTS The following Office of Management and Budget Circulars should be used as a reference for allowable costs for federally funded programs: A 21 Educational Institutions A 87 State and Local Governments A 122 Non -Profit Organizations These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmi or you can request a copy from the U&CF Grant Coordinator. Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus award), can be used as part of the local match. The maximum allowable assessment for in kind match for general labor (non-professional) is $15.00 per hour. METHOD OF REIMBURSEMENT FDACS will submit claims for reimbursement upon receipt by the Division of Forestry of a reimbursement summary sheet with all required attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc. Final and partial payments shall not be made until the Certification of Acceptance is received from the U&CF Grant Coordinator or designee. Upon receipt in the Tallahassee State Office of the reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices (see Attachment A). No requests for advanced payments will be honored. •11 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants. FDACS cannot process a request for reimbursement without the FEIN. SPECIAL PROVISIONS GRANT AGREEMENT AND CONDITIONS Terms and conditions within the Grant Agreements (Attachments H and 1) and associated attachments shall apply. FDACS will have the right to access any books, documents, papers, and records of the grant recipients which are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and transcriptions. Quarterly progress reports and a brief final project report will be required of all selected grant recipients. The recipient must also submit for publication a news release that describes project accomplishments. 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. 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 Categories 1-5 for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact any business with any public entity. EMPLOYMENT OF UNAUTHORIZED ALIENS Pursuant to Executive Order 96-236, effective October 1,1996, the following standard provision shall apply to any contract awarded as a result of this Request for Proposal: The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section 274(a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be caused for unilateral cancellation of this contract. UVIAN klK 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 23 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. period, whichever is later. In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as applicable, of the Office of Management and Budget (OMB) Circular A-133. Any contract resulting from a proposal developed for any division where federal funds are distributed, shall be in compliance with this circular. The latest version of the referenced circular is available for review by Proposers at the Department's Purchasing Office. USE OF Fl7ND5 FOR LOBBYING PROHIBITED The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C. DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. CERTIFICATION OF NO CONFLICT OF INTEREST 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 the specific facts and law upon which the protest is filed. 24 BID NUMBER: RFP/DF-05106-123 QUESTIONS OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 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 J, List of Division of Forestry District/Center Contacts), or to: Urban Forestry Program Coordinator Division of Forestry Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, Suite R-3 Tallahassee, FL 32399 1650 Telephone (850) 921-0300 Questions regarding procedures for submittal of proposals should be submitted to: Christie Hutchinson, Purchasing Director Division of Administration Department of Agriculture and Consumer Services Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 (850) 487-3727 No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any discussions with any FDACS employee. Only those communications which are in writing from the Department's Purchasing Office may be considered as a duly authorized expression on behalf of the Department. Only communications from the applicant which are signed and in writing will be recognized by the FDACS as duly authorized expressions on behalf of the applicant. SCHEDULE OF EVENTS May 15, 2006 Notification of Availability of Request for Proposal mailed to all potential applicants. July 14, 2006 @ 2:00 P.M. Sealed proposals in response to RFP must be received by FDACS Purchasing office. August, 2006 Evaluation of proposals. August 31, 2006 Posting of Award on the Florida Bid System at http://myflorida.com. Click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. October 1, 2006 Expected grant agreement (contract) execution and authorization to begin. December 31, 2006 First quarterly Interim report due. July 1, 2008 Deadline for submitting request for no cost time extension. 26 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. September 30, 2008 Contract ending date. November 15, 2008 Deadline for final reimbursement claims. 26 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTIFICATION OF VENDOR OMBUDSMAN'S NAME AND TELEPHONE NUMBER Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the Chief Financial Officer's Hotline, 1-800-848-3892. 27 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONFLICT OF INTEREST STATEMENT representative of as authorized 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 28 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for Compliance with certification requirements under 34 CFR Part 82. "New Restrictions on Lobbying;` and 34 CFR Part 85, `Government -wide Debarment and Suspension (Nonprocuremenl) and Government -wide Requirements for Drug -Free Workplace (Grants).` The Certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the Covered transaction, grant, or Cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U S. Code, and implemented at 34 CFR Part 82. for persons entering into a grant or 000perative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and $2.110, the applicant certifies that (a) No Federal apprWriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person .for influencing or attempting to influence ari officer or employee of. any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in Connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continu- abon, renewal, amendment, or modification of any Federal grant or Cooperative agreement,. (b) If any funds other than Federal appropriated funds have boon 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 of Congress in connection wilh.this Federal grantor cooperative agreement, the undersigned shall Complete and submit Standard Furm LLL, 'Disclosure Form to. Report Lobbying,' in accordance with its instructions, (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgranls, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension,. and implemented at 34 CFR Part 85, for prospec- tive participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85110— A. The applicant certifies that it and its principals: (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 applica- tion been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting 10 obtain, or performing public (Federal. State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or Commission of embezzlement. theft, forgery. bribery, falsification or destruction of records, making false statements, of receiving stolen property', 29 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with, commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default: slid 8, Whore the applicant is unable to cortify.to any of the stale - meats in this certification, he or she shall attach an explanation to this application_ 3. DRUG-FREE.WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, arid implemented at 34 CFR Part 85, Subpart F. for grantees, as defined at 34 CFR Part 95, Sections 85.605 and 85,610 - A. The applicant certifies that it will or will Continue to provide a drug froe,workplace by: (a) Publishing a statement notifying employees that the unlawful manuf301.1re, distribution, dispensing, possession; pr use Of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition,. (b) Establishing an on -going, drug -free awareness program to inform employees about. (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation. and employee. assistance programs; and (4) The penalties that may be if upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be giver) a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will; (1) Abide by the terms of the statement; 21YJ (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute ocCurnng in the workplace no later than five calendar days after such conviction; BID NUMBER: RFPIDF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. (e) Notifying the agency, in writing, within 10 calendar days After receiving notice under subparagraph (d)(2) from an employee Of otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Policy and Oversight Staff, U.S. Depart- menl of Education. 400 Maryland Avenue, S.W. (Room 3652. GSA Regional Office Building No. 3). Washington. DC 20202- 4248. Notice shall include the identification number(s) of each affected grant, (f) Taking`0ne of thefollowing actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicled: (1 j Taking appropriate personnel. action against such an ernt- ployee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as Amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. Stale. Or local heallh, law enforcement, or other appropriate agency; (g) Making a good faith effort to ootttinue to maintain a. drug -free workplace through implementation of paragraphs (a). (b), (c). (d), (e). and (f). B. The grantee may insert in the space provided below the site(s) for the perfonttance of work done in connection with the specific grant. Place of Performance .(5treet address. city, tx,)unty, state, zip node) Check. (..] if there are workplaces on file that are not identified here. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85. Sections 85.605 and 85.610- A. As a conjition of the grant. I certify that I will not engage'hl the unlawful manufacture, distribution, dispensing, possession, or use of a oortlrolled substance in conducting any activity with the grand. and B. if convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, 1 will report the Oonviction, in writing, within 10 calendar days of the conviction, to, -Director. Grants Policy and Oversight Staff, Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3). Washington. DC 20202-4248. Notice shall include the identification number(s) of each affected grant. As the duly authorized representative of the applicant, I hereby. certify that the applicant.will comply with the above certifications. NAME OF APPLICANT PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE PR/AWARD NUMBER AND / OR PROJECT NAME DATE ED 80-0013 72/98 30 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT D 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than Z X T and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., July 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2006 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Proposer Name: Name and Title of Contact Person: Address: Zip: — Phone: Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No FEID Number As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Title: Signature: Date: 31 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (Two page limit, #12 font, single-space) 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM (include information that will support the evaluation criteria listed on page 19-20 of this RFP) Demonstrated Need: Storm Impact in the Project Area: Supporting Documents Included: Well -Defined Goals and Obiectives: Measurable End Results of the Project: Long -Term Management of the Project Area: Technical Correctness: Supervision and Monitoring of the Project: Recognized Specifications and Standards to be Followed: Cost -Effectiveness: Sources of Cash, Labor, Materials, and Other Resources: Sources of Matching Resources: Partnerships Contributing to Project Completion: Documentation of Cost Figures Listed in the Budget Sheet: Tree City USA Certification (current as of 2004): Tree City USA Growth Award (current as of 2004): Other Information to Support Approval of this Project: NOTE: This format will also serve as the Proposal Evaluation Sheet 32 BID NUMBER: RFP/DF-05/06-123 Activity: Specific Description: SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) $ Total Matching Costs (II) $ Total Program Costs (III) $ OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT E BUDGET (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II 100% Add columns I and II for total III (100%) % Grant request A budget, detailing all costs identified_ above must be attached. %Local match PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) County Describe the Specific Location of the Project: Who has Responsibility for Overseeing Project Implementation (name and title)? Who has Maintenance Responsibility for the Project after Completion? Is the Land Ownership Public or Private?: Name of Landowner: Project Title: Applicant Name: 33 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) Personnel (list titles or positions) Travel 34 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity M Rate or Price M Grant Cost M Match Cost W Equipment (list items) 36 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity V) Rate or Price M Grant Cost M Match Cost W Supplies* (list items) R11 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity M Rate or Price M Grant Cost M Match Cost M Operating Costs (list) Trees (list species and size) Overhead" Total * Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. 37 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXAMPLE BUDGET Specific Description: Broadway/42nd Street and Islip/Rahway Activity: Replacement Planting, ree Pruning p p Blocks SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) Total Matching Costs (II) Total Program Costs (III) (A 75/25 match on behalf of the Proposer is required) REQUESTED GRANT $ LOCAL MATCH $ 10,000 0 5,000 0 0 0 3,000 0 2,000 0 15,000 0 0 $ 25,000 $ 10,000 35,000 100% Add columns I and II for total 111 (100% 71 % Grant request 29 % Local match A BUDGET DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Grapefruit Describe the Specific Location of the Project: Valdermere, FL Who has Maintenance Responsibility for the Property? Bernice Celia Town Manager Is the Land Ownership Public or Private? Public Name of Landowner: Town of Valdermere FL Inc. Project Title: Valdermere Urban Forestry Hurricane Recovery Proposer Name: Town of Valdermere 38 BID NUMBER: RFPIDF-05/06-123 OPENING DATE: JULY 14, 2006 @ 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 (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost M M (�) Contractual (Description) Tree Remedial 100 Trees 100/tree 10,000 Pruning 10,000 Personnel (list titles or positions) Certified Arborist Supervision, 40.00/hr 4,000 (Boris Smith) planning 100 hours Volunteer Labor Delivery and 10.00/hr 1,000 Troop 29 Planting SUBTOTAL 100 hours 5,000 Travel SUBTOTAL 39 BID NUMBER: RPP/DF-05/06.123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost M ($) M ($) E u_g� iAment (list items) Stake Body Truck 10 hours 60/hr 600 for Delivery Irrigation System 2,400 Upgrade and Operation SUBTOTAL 3,000 Supplies* (list items) Planting supplies TBD $12/tree 1,200 (fert, mulch, etc.) (Per mgt plant) Shovels, gloves, 800 staking materials, etc. SUBTOTAL 2,000 40 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) () ($) ($) Operating Costs (list) None Trees (list species and size) Chickasaw Plum Cypress 100 Purchase price $15,000 -0- Flowering Cherry (15 gal) $150/tree Live Oak (Florida #1) Long Leaf Pine Magnolia Purple Leaf Plum SUBTOTAL $15,000 -0- Overhead** Total $25,000 $10,000 * Grant dollars may not be used to purchase food as supplies. "* Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. 41 BID NUMBER: RFPIDF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT F EXAMPLE 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 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 2:00 p.m., July 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2006 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Valdermere Urban Forest Pro ram Proposer Name: Valdermere FL Inc. Name and Title of Contact Person: Bernice Celia Town Manager Address: 100 Main Street Valdermere Florida Zip: 33867 Phone: _ (407) 555-8733 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No X FEID Number 59-123456789 Has Implementation of the Practice Already Begun? Yes If So, Date Project was Initiated 12/15/04 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: Bernice Celia Title: Town Mana er Signature: 42 Date: 06/01 /05 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXAMPLE (CONTINUED) PROJECT DESCRIPTION (two page limit) 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM The Town of Valdermere is requesting a $25,000 Grant from the Urban and Community Forestry Grant program. Grant and budgeted funds will be used to replant trees in damaged areas, and reimburse the city for corrective pruning expenses that occurred between August 31 and December 31, 2005. Valdermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed here for ten years, under the leadership of a volunteer Tree Board. The overall program is described below in terms of the U&CF Grant evaluation factors. Demonstrated Need: As a result of Category I Hurricane Force winds received during Hurricane Charley, tree canopy has been reduced from an estimated 35% before the storm to a current level of 20%. The neighborhoods indicated on the attached maps within the city limits of Valdemere experienced significant damage to trees as a result of Hurricane Frances. The map indicates areas where trees had to be removed, as well as other areas where corrective pruning was necessary to mitigate safety hazards and improve the health of the trees. A total of xxx trees will need to be replaced, and xxx trees required corrective pruning. As further evidence of the damage impacts, we have included photographs and debris removal cost figures. We realize that only those costs incurred since August 29. 2005 were not reimbursed by an outside source, and are directly related to these projects can be used as either part of the grant application or the match. Well -Defined Goals and Obiectivesr Before the storm, the city had a goal of reaching a tree canopy level of 40% by 2010. Since this effort has been set back, receipt of grant funds will help to reduce the delay in meeting this goal. Under this grant, xxx trees as described above will be planted and xxx trees will receive corrective pruning. These areas will be incorporated into the city's existing urban forestry master plan for maintenance. Technical Correctness: The trees species listed in the budget section are either native to the immediate area, or have been successfully grown here for decades and have proven not to be invasive. An irrigation system exists in the area, and will be upgraded to water the new trees on a regular basis for the first year until the trees are established. The existing trees were pruned according to ISA standards. Both the pruning and the upcoming planting are under the supervision of City Aborist Boris Smith, who is ISA certified. Plantings will be conducted according to University of Florida guidelines listed on their website. Cost Effectiveness: Contract crews who conducted the tree pruning were selected from three ISA certified vendors who submitted written quotes. See attached documentation of corrective pruning costs. City employees and funds will be used to perform the tree planting. In addition, overall project costs will be reduced by using volunteers from Boy Scout Troop 29 to deliver and plant the trees. The Chamber of Commerce is providing mulch and ground cover plants. Tree City USA Certification: The City of Valdemere has been certified as a Tree City USA since 1991, and has earned the Tree City Growth Award for the past four years. Other Supportinq Information: Visibility of the Project: All trees planted or treated under this project are located along city streets with heavy pedestrian and vehicular traffic. 43 BID NUMBER-- RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT G 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM EXAMPLE RESOLUTION 00-1,23 A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, the City of Valdermere has received significant damage to its urban trees as the result of the 2005 hurricanes; and WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant which would provide monies to help remediate the impacts of the 2005 hurricanes; and WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Valdemere, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the City council of Valdermere, Florida: Section 1. The City Council supports the remediation of its urban forestry resources. Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement and (if applicable) a Maintenance Memorandum of Agreement between the City of Valdermere, Florida and Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2006. ATTEST: City Clerk 44 Mayor APPROVAL AS TO FORM: City Attorney EXHIBIT B BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT I DRAFT 2006 URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM .OF AGREEMENT'"` This agreement, made and entered into this the day of , 20 , by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and the City of Altamonte Springs, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 051-1-02 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Entity (Subrecipient) 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 Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: CihL of Altamonte Springs Eight -of -Ways. Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; 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) Fallowing the Planting and Maintenance Guidelines as included herein as Exhibit A. 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 65 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JUL.Y 14, 2006 @ 2:00 P.M. (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 Entity (Subrecipient) shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of 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 Wi Signature Title CONTRACTOR Date BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non -biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project. C. Staking Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if the wire is inside rubber hosing. 57 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Stakes and ties should remain on the trees no longer that one year to avoid girdling, D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective/structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area. This will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degrees of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non -irrigated sites need to be monitored more closely. F. Fertilizing Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs/stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. 58 EXHIBIT C BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT H DRAFT 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the City of Anna Maria, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in grant application Number 051-1-19, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Entity (Subrecipient) by Resolution No. N/A, dated N/A, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows: A. Failure by the Entity (Subrecipient) 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, 2007 C. The Entity (Subrecipient) has estimated the project cost to be $19,952 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $9,976 or fifty percent (50%) of the final approved project costs, whichever is less (the "Grant Amount"), The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, March 31, June 30 and September 30). 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 Entity (Subrecipient) 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. 46 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. For installed plant materials, a sixty (60) day grow -in -period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 30, 2007. I. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the 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) 488-7552. 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. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. All approved travel expenditures must be submitted on a State travel form (see Attachment F). Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. This Agreement may be terminated under any one of the following conditions: A. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. B. By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. C. By either party following sixty (60) calendar days written notice. D. By both parties following the complete execution by both parties of an agreement to terminate this 46 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Agreement. In the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Entity (Subrecipient). It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids 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 H 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. 47 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient_ expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records 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 48 BID NUMBER: RFP/DF-05/06-123 OPENING DATE. JULY 14, 2006 @ 2:00 P.M. Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from the non-federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass -through entities in accordance with Sections .320(c) and (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 49 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, G_ Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850) 942-7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the employment of unauthorized aliens by ant Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Entity (Subrecipient) 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. 50 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R-8 Tallahassee, Florida 32399-1650 All notices, demands, requests or other instruments to the Entity (Subrecipient) shall be addressed to: Mr. Ewen Thomson Vice President Friends of Gainesville Hawthorn Trail 3215 NW 17th Street Gainesville FL 32605-2511 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature Title Date FEID Number of Social Security Number DACS-01085 Rev, 01/06 Signature Title CONTRACTOR Date 51 BID NUMBER: RFP/DF-05106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: First applicable compliance requirement (e.g., what services/purposes resources must be used for). 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: If the resources awarded to the recipient for matching represent more than one Federal -program, provide the same information shown below for each Federal program and show the total State resources awarded for matchin . 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 suit to Section 215.97, Florida Statutes, State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) DFS-A2-CL July 2005 DACS-01085 Rev, 01/06 52 Rule 691-5.006, FAC BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 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 CircularA-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. DI" S-A2-CL July 2005 DACS-01085 Rev. 01/06 Rule 691-5.006, FAC 63 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY FORESTRY GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount Match Amount (Attach copies of canceled checks, receipts and invoices) Totals Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. AUTHORIZED SIGNATURE: Grantee Date 54 EXHIBIT D THREE-YEAR MAINTENANCE PLAN The City of Tamarac Public Works Department landscaping crews will routinely perform the maintenance on the newly planted trees. Supervisors will ensure that the new trees are properly established and receive the necessary watering, fertilization, and grooming to conform to grant requirements detailed in the provided Planting and Maintenance Guidelines. The maintenance schedule for the next three years (and thereafter) will be as follows: • Each tree will be fertilized a minimum of three times per year • Suckers will be removed year round as needed • The palms will be trimmed twice a year* • Non -palm trees will be trimmed year round as needed* • Leaves will be removed as the deciduous trees shed them *Personnel certified as a Tree Trimmer I by the Broward County Extension Service will trim all trees. 1 Temp. Reso. #10991 June 28, 2006 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- N d A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR AN EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT IN THE AMOUNT OF $50,000 FOR THE PROVISION OF TREES LOST ON PUBLIC PROPERTY OR RIGHTS OF WAY IN TAMARAC DURING HURRICANE WILMA; AUTHORIZING ADHERENCE TO THE THREE-YEAR MAINTENANCE PLAN AND EXECUTION OF THE MAINTENANCE MEMORANDA OF AGREEMENT BETWEEN THE CITY AND THE DEPARTMENT OF AGRICULTURE IN THE EVENT THE AWARD IS APPROVED; PROVIDING FOR A CASH MATCH OF 25% IN LOCAL FUNDS IN THE EVENT OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide open space and recreational opportunities within the City; and WHEREAS, the City of Tamarac realizes the importance of restoring and expanding urban forests within the City; and WHEREAS, the City Commission of the City of Tamarac realizes that trees provide many benefits to residents including energy conservation, wildlife habitats, wind buffers, decreased storm water runoff, and cleaner air; and Temp. Reso. #10991 June 28, 2006 WHEREAS, Hurricane Wilma impacted the City of Tamarac in October 2005 with up to Category 2 force winds that took a significant toll on the City's urban forest, including uprooting and damaging trees; and WHEREAS, the City wishes to replenish its urban forest lost in the wake of Hurricane Wilma; and WHEREAS, the Florida Department of Agriculture and Consumer Services through the 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program provides funds to municipalities to restore urban forests in the wake of the 2005 hurricane season, particularly Hurricane Wilma; and WHEREAS, the granting agency requires that a Resolution is made part of the application; and WHEREAS, the application process requires that the City of Tamarac maintain the trees according to a three-year maintenance plan and agrees to, upon approval of the application and acceptance of the award, execute a Maintenance Memoranda of Agreement (Attached hereto as Exhibit B) and Grant Memoranda of Agreement (Attached hereto as Exhibit C) with the Department of Agriculture; and WHEREAS, should the application be approved and awarded, the City agrees to maintain the trees which are the subject of these applications on an ongoing basis; and WHEREAS, the City of Tamarac is willing to match 25% of the project cost with local funds in the event of approval; and Temp. Reso. #10991 June 28, 2006 WHEREAS, it is a requirement of the grant program that this Resolution be adopted and become an official part of the application; and WHEREAS, the Assistant City Manager and the Director of Public Works recommend filing the application, (attached hereto as Exhibit A); and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to submit an application to the Florida Department of Agriculture and Consumer Services 2006 Emergency Hurricane Supplemental Grant Program in an amount of $50,000 to replenish the City's urban forest, and to enter into a Maintenance Memoranda of Agreement and Grant Memoranda of Agreement between the City and the Florida Department of Agriculture and Consumer Services in the event the award is approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: The appropriate City Officials are HEREBY authorized to submit a 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program application for $50,000 to the Florida Department of Agriculture and Consumer Services providing for a 25% cash match in local Temp. Reso. #10991 June 28, 2006 funds of $16,667 for a total project cost of $66,667 in the event of approval of the application. A copy of said application is attached hereto as Exhibit A. SECTION 3: The appropriate City officials are hereby authorized to abide by the three-year maintenance plan (attached hereto as Exhibit D) and enter into Maintenance Memoranda of Agreement (attached hereto as Exhibit B) and Grant Memoranda of Agreement (attached hereto as Exhibit C) with the Department of Agriculture and Consumer Services should the application be approved. Section 4: 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 5: Upon approval of the grant award, the appropriate City Officials are HEREBY authorized to amend the existing Streets Improvement Program Budget in the amount of $50,000 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. #10991 1 L. 1 June 28, 2006 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ), day of Jc ne ,2006. ATTEST: i MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1k,r SAMUEL' REN CITY ORNE -0�" W�11M RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER EXHIBIT A. Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 CHAR%ES V. BRONSON CONRISSIONER Telephone: (850) 487-3727 Pagel of 60 Pages BIDS NO. RFPIDF-05/06-123 WILL BE OPENED JULY 14, 2006 @ 2:00 P.M. AGENCY ,MAILING DATE: and may not be withdrawn within 90 days after such date and time May 15, 2006 NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT August 31, 2006 BID TITLE:: 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME AUTHORIZED SIGNATURE (MANUAL) VENDOR MAILING ADDRESS CITY - STATE - ZIP AUTHORIZED SIGNATURE (TYPED) TITLE TELEPHONE: ( ) I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that t 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 buit 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 1hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing .agency tenders final payment to the Proposer. GENERAL INSTRUCTIONS TO RESPONDENTS DefinMons. The definitions found in S. 60A-1,001, F.A.C. shall 4. Terms and Conditions. All responses are subject to the terms of the apply to this agreement. The following additional terms are also following sections of this solicitation, which, in case of conflict, shall defined: have the order of precedence listed: (a) 'Buyer" means the entity that has released the solicitation. •• Technical Specifications, (b) -Procurement Officer" means the Buyer's contracting personnel, •• Special Conditions, as identified in the Introductory Materials. •- Instructions to Respondents (PUR 1001), (c) 'Respondent" means the entity that submits materials to the •• General Conditions (PUR 1000), and Buyer in accordance with these Instructions. •• Introductory Materials. (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. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. '3. Electronic submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references *6. 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 consKutes: •• 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. 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. 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 6. 8. 9. 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 de 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. •• To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. •• The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. •• The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. •• The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. •• Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or a 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. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, if requested by the Buyer, to present evidence of 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. 11, Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 12. 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.fi_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. 13. 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. 14. 15. 16. 17 `1 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. **18. Public Records, Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material in a separate electronic file, and including the word "Confidential" in the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 19, Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287,042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Cade. 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." 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 3. 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 4 the Customer and Contractor. (b) "Customer' means the State agency or other entity that will order products directly from the Contractor under the Contract. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order' means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and 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. (PUR 1001-60A-1.002(7), F.A,C,) 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 onetime delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer- During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) sales Promotions- In addition to decreasing prices for the balance of the Contract term due to a Change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 14 6. a. 9. 10. 11 12. (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated 13. between the Customer and the Contractor- Customers are obligated to actively seek current fair market value when trading equipment; and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) EguitableAdiustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equivalent. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association forelectrically 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. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and 14. *15. 16. Contractor suspension. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shalt perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"), Pursuantto section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A- 1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215,422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 19. 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, orother authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the. Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime, travel and lodging expenses: and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sale 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 paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 21. Limitation of Liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible_ No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, atwhich time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 23. 20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, 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 24. Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnity, defend, and hold harmless the State and Customers from any suits, actions, damages, Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. Termination for Cause. The Customer may terminate the Contract if the Contractorfails to (1) deliverthe productwithin the time specified in the Contract orany 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 A06(3), F.A,C., governs the procedure and consequences of default. The Contractor shall continue work on any 26. 27 28. 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, unlessthe 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. Scope Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract, The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost ortime of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, 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; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contractwith prior written notice to Contractor of its intent to do so. 30. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply. The parties waive any right to jury trial. 31. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet orexceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shal 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 al work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 32. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insum confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 33. 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 (hearth, workers' compensations, and unemployment) from an employer other BID NUMBER: RFP/DF-05/06-123 than the Sta of Florida. 34. Insurance Begsrirements. [During the Contract term, the Contractor at its sole mpense shall provide commercial insurance of such a type and with such texms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage isa material obligation of the Contractor. Upon request, the Contractorshadprovide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpretedas 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. 35. Warranty of Assthority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to theCorWact. 36. 37 38 39. 40. Warranty of AbUlty to Perform, The Contractor warrants that, to the best of its knovWedge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial Condition, that would in amy way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it wr awy 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 governmer4. The Contractor shall immediately notify the Customer in writing if itsability to perform is compromised in any manner during the term of the Contract. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, orby 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. 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, 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 ofthe 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 andthe products it offers is available at http://www.pridefl.com, Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation_ "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org- 41. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 42. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions 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. 43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 44. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 47. Special Conditions. Pursuant to 6OA-1.002(7), F.A.C., a Customer may attach additional contractual and technical terms and conditions. These "special conditions" shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. 'THIS CONDITION DOES NOT APPLY TO THIS AGENCY (PUR 1000-60A-1.002(7), F.A.C.) BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2.00 P.M. CHECKLIST 1. The entire Request for Proposal (RFP) has been read. 2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Pages 1-7) is completed and signed, with the first page submitted. 3. Conflict of Interest Statement (Attachment B) is completed and signed. 4. Certification Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements (Attachment C) are completed and signed. 5. Urban and Community Forestry Proposal form (Attachment D) is completed and signed in blue ink, and a narrative included. A complete address is provided for the Proposer (include street address or post office box, city, zip code and telephone number.). Please note: All future correspondence will be sent to the listed contact person. 6. Detailed itemized budget summary (Attachment E), including supplemental pages is completed on the forms provided. 7. In all instances where an applicant's proposed project impacts a local government's jurisdiction, a resolution (by the local government) indicating support for the project must be submitted with the Grant Proposal Packet (Attachment G). 8. For Tree Planting Projects, a resolution from the responsible governing body must be submitted with the Grant Proposal Packet, indicating that they will execute a Maintenance Memorandum of Agreement with the Department of Agriculture. 9, Documentation of costs incurred and photographs before the completion of Site Specific Projects, as well as after completion for projects implemented since August 29, 2005. This documentation needs to be submitted as evidence that storm damage has occurred for site specific projects, where applicable. 10. For site specific projects along roadways, please provide on page 2 of the Proposal form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a slash (/), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers you are giving. 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) copy with original signature in blue ink and five (5) copies of the proposal package have been submitted. BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. REQUEST FOR PROPOSAL 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM INSTRUCTIONS TO PROPOSERS Each proposer must complete/provide the following to be considered: HOW TO SUBMIT A PROPOSAL Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000, "Instructions to Respondents and General Contract Conditions," and received there by the time and date listed on the form. In addition to the address, the face of the envelope shall be marked with the date and time of the proposal opening and the proposal number. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one original and five copies) of the proposal including all attachments. a. These should be printed/copied on one side only and should not exceed forty (40) pages, including attachments. b. All attachments must be folded to a size not to exceed 8 1 /2" X 11 ". c. All proposals must be complete and bound by binder clip or staple - NO folders or binders of any kind. d. All signatures on the "original" must be in blue ink. e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2, proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal. 2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions - Complete, date and obtain a signature from the individual who is legally authorized to approve submittal of the proposal. Failure to return a signed form will cause the proposal to be ruled ineligible. 3. Conflict of Interest Statement (Attachment B) - must be completed and signed. 4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug free Workplace Requirements (Attachment C) - must be completed and signed. 5. Grant Proposal Form (Attachment D) - Proposers must use this form. It must not be altered in format or content. This form must be completed in its entirety with the project narrative (two page maximum, minimum 12 font). The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals will cause the proposal to be ruled ineligible. 6. Budget (Attachment E) - Must be completed in detail, in its original format, with accompanying detail pages. BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. TABLE OF CONTENTS Request for Proposal - Form 1001/1000 Instructions to Respondent's and General Contract Conditions Special Terms, Conditions, Specifications Attachment A - Notification of Vendor Ombudsman's Name and Telephone Number Attachment B - Conflict of Interest Statement Attachment C - Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements Attachment D - Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative Format/Evaluation Form) Attachment E - Budget Attachment F - Example Emergency Hurricane Supplemental U&CF Grant Proposal Attachment G - Example Emergency Hurricane Supplemental U&CF Grant Resolution Attachment H - Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA) Attachment I - Draft Emergency Hurricane Supplemental U&CF Grant. Maintenance Memorandum of Agreement (MMOA) Attachment J - Division of Forestry Local Contacts 10 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. REQUEST FOR PROPOSAL DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS INTRODUCTION During the months of August and September, 2005, three hurricanes caused widespread damage to the urban forest component of community infrastructures in the southern portion of the State of Florida. It is estimated that at least 70 incorporated communities and 2.8 million people were impacted by hurricane force winds, in some cases on three separate occasions. The loss of tree cover in these communities has created negative economic, ecological, and aesthetic consequences. These include decreased property values, loss of tourism, extensive cleanup and recovery costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to surviving urban trees need to be made to improve their health and reduce damage from future storms. Local community leaders and the general public also need to learn more about how their urban trees benefit their communities, from an economic, social, and environmental standpoint. They also need to learn how to properly select, plant and care for trees to minimize resulting future storm damage. To address the situation, the USDA Forest Servicerequested emergency funding from Congress to help impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for this grant program under the "Defense Authorization Bill (HR 815)." This legislation provides disaster assistance to "...mitigate the effect of recent hurricanes and other weather related events." PURPOSE The purpose of the 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program is to provide financial assistance for tree planting, arboricultural practices, assessment, and educational programs in the impacted urban areas of the State of Florida. Local governments, Native American Tribal Governments, volunteer groups, nonprofit organizations and educational institutions in the selected counties are eligible to receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway and street rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non profit entities. Approximately $700 thousand in grant funds will be available for the impacted communities. Applications from the following counties will be eligible for funding: • Broward • Dade • Monroe • Collier • Hendry Applications received during this enrollment period will be prioritized based on the degree of wind impact they received and the quality of their project proposal. 11 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. The following practices will be eligible to receive grant funding under this proposal: Replanting trees destroyed by the hurricanes of 2005, and planting appropriate new trees in areas where they would serve as wind buffers to protect property in the event of future storms. Providing appropriate replacement trees to homeowners who lost trees as a result of the hurricanes. • Controlling exotic vegetation in public areas that has been spread as a result of the hurricanes of 2005. • Conducting corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and improve the wind resistance and overall health of surviving trees. • Conducting damage assessments and inventories of trees on municipal properties. Developing and presenting educational materials and programs for the general public and urban forestry professionals. SCOPE The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to provide funding to states for grants to communities in support of their urban forestry programs. Florida Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments within the State of Florida. DEFINITIONS For the purpose of this Request for Proposal (RFP): 1. "Applicant" means a local government, a Native American Tribal Government, a legally organized nonprofit organization or an educational institution submitting a proposal for federal funds under this grant program. 2. Appropriate Species for Tree Planting" refers to selecting tree species that are suited to the size, soil characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or breakage during storms. 3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida Statute 589.30. 4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit organization or educational institution. 5, "Commissioner" means the Commissioner of Agriculture for the State of Florida. 6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an agency of the State of Florida. 7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement to minimize a tree's risk to life and property. 12 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 8. "Local Government"' means a county, municipality, city, town, village, local public authority, school board district, independent special district of any type, regional government entity, or any agency of a local government. 9. "Nonprofit Organization" refers to an organization which has tiled an application with the Secretary of State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a Federal Employer Identification Number by the Internal Revenue Service. This may include homeowners associations, where the nature of their application is consistent with the eligibility limitations of this grant program. 10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments and supporting documentation. 11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement is to improve the long term health of trees. 12. "RFP" means Request for Proposal. 13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a proposed planting site and make the site suitable for tree planting and growth. 14. "State Forester" means the Director of The Division of Forestry. 15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities in more than one municipality of the state as determined by the Department. 16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to coordinate implementation of the grant program. 17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the qualifying proposals. ELIGIBILITY REQUIREMENTS 1. Qualified applicants include legal nonprofit organizations, educational institutions, local government entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or more unincorporated population centers within their jurisdiction, 2. Applicants from the counties listed above are eligible to apply for grants. 3. Projects that have been initiated since August 29, 2005, are eligible for funding under this grant, provided that adequate financial documentation and verifiable evidence of successful completion exist. 4. Project expenditures for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. 5. FEMA or other Federal funds can not be used to match funding received under this grant. 6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non profit entities that can be planted in either residential yards or "common areas." 13 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 7. Total grant requests for each proposal are subject to the following maximum limits: • $50,000: Communities with populations greater than 35,000, which received sustained Category 1 or greater hurricane force winds from at least one storm. $35,000: Communities with populations of between 10,000 and 35,000, which received sustained Category 1 hurricane or greater force winds from at least one storm. • $25,000: Communities with populations of less than 10,000, which received Category 1 or greater hurricane force winds from at least one storm, and all other applicants from the eligible counties. The minimum grant award is $2,000 for educational projects and $5000 for all other projects. 8. Applicants may submit and receive funding for more than one application if sufficient funds are available. 9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private vendor to oversee the implementation of this grant. 10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the implementation of this grant. ELIGIBLE PRACTICES The following practices are eligible to receive funding under this grant program. Practices 1-4 may only be carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights of way maintained by non federal entities. Reforestation This may include tree planting projects to achieve one of the following objectives: a. Replacement of trees that were severely damaged or destroyed during the storms. The trees do not have to be planted in the exact same location. b. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer wind damage to property caused by future hurricanes. Tree Plantin Requirements: a. Each project must include at least three tree species native to the area and suitable for the site and objective. b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized by the Division of Forestry. c. No multi stem trees may be planted under this program without permission of a Division of Forestry representative, with the exception of the following species: River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, Japanese Privet, and Chickasaw or Flatwoods Plum. d. Trees listed on the Florida Exotic Pest Plant Council's list of Florida's Most Invasive Species, on the internet at (www.fleppc.org ), may not be planted as any part of this grant program. e. Applicants should consult with various sources to avoid selecting tree species that have proven to be especially susceptible to wind damage, either from wind throw at the ground level or from stem breakage. 14 BID NUMBER: RFP/DF-06106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch caliper. Palms may not be taller than 16 feet, clear trunk. This applies to both the cost -shared and the matched portion of the project. g. A maximum of $375.00 per tree or palm for purchase and planting is allowable for reimbursement under the grant. An additional $125 per tree or palm can be charged as match. h. The grant application may include up to $500.00 per planting site for site preparation costs directly related to the tree planting. This may include removal of damaged or otherwise hazardous trees that have occupied the site. Site preparation costs which have already been reimbursed from another source are not eligible; however, these costs may be applied to the grant match if the reimbursement originated from a non federal source. i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only serve as a matching cost, and as such cannot be reimbursed. j. Up to ten percent (10%) of the grant award may be used for each of the following purposes: 1. The purchase and/or installation of irrigation equipment or an irrigation system, or contract watering of the trees during the 60-day grow -in period. The remaining cost may be applied toward the match requirement. 2. Rental of equipment for site preparation or tree planting. 3. Labor costs. k. A maximum of $12.00 per tree may be spent on planting and support materials for the tree, as well as in-house watering during the grow -in period. Proposals must include the following information: 1. A location map, either hand/machine drawn, aerial photo, plat map, or a digital orthoquad. 2. A minimum of three color photographs of the planting site(s). 3. A detailed planting plan (site plan) for at least one of the areas to be planted, which shows the location of the trees/palms, existing structures, and site limitations such as underground utilities and overhead wires. 4. Written approval from the Florida Department of Transportation for planting and maintenance on the State right-of-way. 5. A brief three (3) year maintenance plan to be carried out by the grant recipient at their expense. This can be incorporated into the grant narrative in Section D. Maintenance costs incurred after certification by the Division of Forestry are ineligible for reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for the project, must be signed by the grant recipient if awarded a grant. 6. A resolution by the managing agency of the property (if different from the applicant) which states that they concur with the grant proposal and maintenance plan. M. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The proposal should state how the trees will be watered and cared for during the grow -in period. 15 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Tree Plantings must follow established procedures for handling, placement, and maintenance. Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional guidance. 2. Exotic Vegetation Control in Community Parks and Natural Areas This would apply to plant species listed on the Exotic Pest Plant Council's list of Florida's Most Invasive Species (Category I and ll), on the internet at (www.fleppc.org). Infestations of these species that have resulted from the 2005 hurricanes, or have been exacerbated by the hurricanes, are eligible for treatment under this program. Funding is available to cost share up to two treatments of an infested area. Grant applications for this practice need to include the following information: a. A narrative that describes the species, location, origin and extent (acres, density, etc.) of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard recommendations for treating the species, as listed in publications produced by the University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest Service. Before approval, the treatment will be subject to review. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if available, should be included. c. At least three photographs of the infested area which indicates the extent of the infestation. 3. Arboricultural Practices for Mitigation and Remediation of Surviving Trees The purpose of this practice is to repair damage to trees caused by the 2005 hurricanes, eliminate immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was performed immediately after a storm, and improve the tree's wind resistance and overall health. Eligible activities would include remedial pruning, righting and re -staking, fertilization treatments, cabling and bracing, or other related treatments. Grant applications for this practice need to include the following information: a. A map of the area, showing the location of the trees to be treated. An approximate street address, as well as GPS coordinates if available, should be included. A narrative that describes the extent of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard practices as described in the American National Standards Institute (ANSI) ANSI A-300 Tree Care Standards manuals. Another source of technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state whether a vendor will perform the treatments, or if in-house labor and equipment will be used, and how the recipient will supervise the project while in progress. It is preferable that an ISA certified arborist or a graduate forester from an accredited four-year forestry program be involved in planning and implementing the practice. 4. A. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy loss from storms, identify areas needing reforestation or new tree plantings, and provide background information to develop a comprehensive urban forest recovery and management plan. Eligible expenses include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary staff to conduct the inventory, and any other costs associated with data collection or processing. 16 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. B. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural treatments or total removal, as well as the urgency of completing these treatments for each tree. Grant applications for the above two practices need to include the following information: • A map of the area where the inventory or assessment will take place, including street locations. • A narrative that describes the need (related to the 2005 hurricanes) to conduct the inventory or assessment in the selected area, the percentage of trees within that area that will be included, the data that will be collected, how that data will be processed, and the desired results. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. 5. Providing Trees to Homeowners Government entities or non-profit groups may receive grants to provide trees to private homeowners who lost trees during at least one of the hurricanes of 2005. Trees can be planted in residential yards, neighborhood common areas (including those not publicly owned), or road rights -of -way (including those not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher program set up with local vendors. The project description submitted with the application needs to include the following details: a. A list of tree species that will be provided. At least three species, more if possible, need to be included. All species need to be suitable for the local climate and site conditions. None can be listed as invasive exotics, as described under the Reforestation section. Species suited for different sized planting areas (small, medium, large) also need to be represented. b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap," and between three and fifteen gallons in size, unless the sponsoring agency can make equipment available to move and plant larger trees. c. The _delivery and distribution system that the applicant will use. This includes the personnel and equipment involved, and who will furnish them. Trees need to be transported from the vendor to the eventual recipient in a timely manner, and properly cared for during the handling period. d. The publicity strate _p y gyth_ at will be. used to make potential recipients aware of the program_ This could include printed literature, PSA's, media contacts, advertisements, etc. e. Literature that will be provided to homeowners to explain site location, preparation, species selection, handling, planting techniques, and post -planting care, in order to ensure good survival and growth. Funding through this grant program can be used to either purchase, develop or reproduce this literature. Applicants can achieve the grant match for this activity through in-house labor, materials and equipment, volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees that can be negotiated through the vendor. Information and Education This category is provided to make individual residents, community officials, and private vendors more aware of urban forestry management practices that will reduce damage to trees from hurricanes and tropical storms. Also, materials can address what steps to take immediately before and after a storm, how to proceed with storm cleanup, and available sources of assistance_ Emphasis needs to be placed on the 17 BID NUMBER: RFP/DF-05/05-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of tree damage resulting from storms. Local governments, nonprofit organizations, and educational institutions are eligible to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for distribution to the general public, or to cost -share seminars and workshops related to Urban and Community Forestry topics. The emphasis here is on providing information to the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology transfer). A resolution or letter signed by the chief executive officer of the applicant is required which states that they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not eligible for grant funding in this category, but can be used as part of the match. Eligible Activities: a. Educational programs - for the exhibition, purchase or development of materials for the benefit of public education as described above. Workshops/Training Sessions/Conferences/Seminars - for the support and organization of public programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel expenses, audio/visual equipment rental and related expenses. c. Youth programs - for the development and production of programs which will involve/benefit young people, K through college level. d. Public service materials - (PSA development) - for the development of or purchase of public service programs, videos, or slide shows which educate the public. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). e. Brochures - for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure consistent with the goals of this grant program. Applicants are encouraged to utilize existing brochures on the selected topics, if they exist, and apply for funding for the purchase and distribution of brochures. f. Exhibits - for the purchase of or design, development and construction of an educational/informational exhibit which promotes the goals of this grant program. All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following statement: "Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's Urban and Community Forestry Grant Program." SELECTION CRITERIA The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following criteria must be met before the grant proposal may be determined to be complete: The proposal must contain all the requested information and be legible and understandable. 18 BID NUMBER: RFP/DF-05106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 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. A budget detailing all costs of the project must be submitted with the proposal. 4. For site specific projects which have already been completed, documentation of costs incurred and photographs before (if possible) and after the completion of the project must be included. 5.. This documentation also needs to be submitted as evidence that storm damage has occurred for site specific projects that have not yet been implemented, to the extent that it is available. Documentation should also indicate what costs have already been reimbursed, and from what source. 6. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned proposals will be ruled ineligible. PROPOSAL EVALUATION CRITERIA Once the submitted proposals have been reviewed and determined to be complete, they will be ranked according to the following criteria: The severity of the storm(s) that impacted the communities where these projects are to be carried out. They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data supplied by the National Hurricane Center. Applications will receive the following number of points. • Category 3 and above Hurricane: 200 points • Category 2 Hurricane: 75 points • Category 1 Hurricane: 50 points • Tropical Storm: 20 points Within each county, applications will be ranked according to the quality of the proposals submitted, according to the following criteria: a. Demonstrated Need - Highest score will be given to proposals that describe and document the extent of impact to the community's urban tree resources, and the need for cost share dollars. Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 25 points b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals and explain how the applicant will ensure that the practice will be maintained to provide long term benefits to the community. 15 points c. Technical Correctness - Highest score will be given to proposals where the documentation indicates that a competent professional (either an ISA certified arborist or graduate forester from an accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the practice, and that the practice will be carried out in a technically correct manner according to the practice specifications. 20 points d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher scores will be given to applications where a partnering entity has provided either funding, materials, or logistical support. 20 points 19 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JUL.Y 14, 2006 @ 2:00 P.M. e. Completeness of Proposal - Highest score will be given to proposals containing all of the required attachments and providing a detailed explanation of the proposal. 10 points f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry program. Current member as of 2004. 5 points g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its urban forestry program. Current member as of 2004. 5 points In order to be considered acceptable, an application must achieve a quality score of at least 50 points out of a possible 100 points, according to the above criteria. A committee of public and private sector urban forestry professionals will evaluate these components of each proposal. 1 If all other factors are equal, the following criteria will be applied: • Applications from smaller communities will receive priority over those from larger communities. • Applications for practices which will be implemented in areas where the general public has access to the treatment site, such as public rights of way, streets, and parks will receive priority over those to be implemented in areas where access will be restricted. • Approvals will be distributed as equitably as possible over the eligible counties, in proportion to the population and number of applications received from those counties. URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE' MEMORANDUM OF AGREEMENT, if applicable) Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement must be fully executed between the Department and the Applicant. 1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and the terms of payment for the project (Attachment H). 2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities for maintenance of any areas where site specific projects are funded under this grant (Attachment 1). 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, tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. 20 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 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 should additional funding become available. 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. EXECUTION OF AGREEMENTS AND DOCUMENTS Upon notification of a Grant Award, the following shall take place: 1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result in the grant offer being withdrawn. 2. Although it is the intent of the Department to expedite the grant award process as much as possible, applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement before October 1, 2006, and should schedule their projects accordingly. 3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall stipulate: a. What is to be accomplished under the grant. b. The schedule and payment terms. c. The schedule and content of progress reports. d. Any penalties or actions that the Department will take in the event of noncompliance. e. The methods to be used by the Department to determine compliance with the terms of the grant agreement. f. Maintenance responsibilities for trees planted as part of the grant program. REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION The Department shall ensure that the terms of the agreements executed under these guidelines are enforced. An interim report showing the status of the project is due December 31, 2006, and thereafter on a quarterly basis until the project is completed. The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the Department. 21 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. All projects must be completed by September 30, 2008. All reimbursement claims must be submitted by November 15, 2008. FUNDING SOURCE Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are nationally authorized by the Defense Authorization Bill (HR 815), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has allocated approximately $700,000 of the funds received from the U.S. Forest Service for grant applications received during this enrollment period. Should additional funding become available, it will be added to this amount. State funds will be allocated on a priority basis to areas impacted most heavily by the 2005 hurricanes. FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding. The State of Florida's performance and obligation to pay under this grant program is contingent upon funding by the U.S. Forest Service. A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or contributions of materials and/or services. In -kind services provided by Division of Forestry employees may not be used to contribute to the match by the grant recipient. ALLOWABLE COSTS The following Office of Management and Budget Circulars should be used as a reference for allowable costs for federally funded programs: A 21 Educational Institutions A 87 State and Local Governments A 122 Non -Profit Organizations These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmi or you can request a copy from the U&CF Grant Coordinator. Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus award), can be used as part of the local match. The maximum allowable assessment for in kind match for general labor (non-professional) is $15.00 per hour. METHOD OF REIMBURSEMENT FDACS will submit claims for reimbursement upon receipt by the Division of Forestry of a reimbursement summary sheet with all required attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc. Final and partial payments shall not be made until the Certification of Acceptance is received from the U&CF Grant Coordinator or designee. Upon receipt in the Tallahassee State Office of the reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices (see Attachment A). No requests for advanced payments will be honored. •11 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants. FDACS cannot process a request for reimbursement without the FEIN. SPECIAL PROVISIONS GRANT AGREEMENT AND CONDITIONS Terms and conditions within the Grant Agreements (Attachments H and 1) and associated attachments shall apply. FDACS will have the right to access any books, documents, papers, and records of the grant recipients which are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and transcriptions. Quarterly progress reports and a brief final project report will be required of all selected grant recipients. The recipient must also submit for publication a news release that describes project accomplishments. 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. 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 Categories 1-5 for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact any business with any public entity. EMPLOYMENT OF UNAUTHORIZED ALIENS Pursuant to Executive Order 96-236, effective October 1,1996, the following standard provision shall apply to any contract awarded as a result of this Request for Proposal: The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section 274(a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be caused for unilateral cancellation of this contract. UVIAN klK 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 23 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. period, whichever is later. In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as applicable, of the Office of Management and Budget (OMB) Circular A-133. Any contract resulting from a proposal developed for any division where federal funds are distributed, shall be in compliance with this circular. The latest version of the referenced circular is available for review by Proposers at the Department's Purchasing Office. USE OF Fl7ND5 FOR LOBBYING PROHIBITED The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C. DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. CERTIFICATION OF NO CONFLICT OF INTEREST 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 the specific facts and law upon which the protest is filed. 24 BID NUMBER: RFP/DF-05106-123 QUESTIONS OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 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 J, List of Division of Forestry District/Center Contacts), or to: Urban Forestry Program Coordinator Division of Forestry Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, Suite R-3 Tallahassee, FL 32399 1650 Telephone (850) 921-0300 Questions regarding procedures for submittal of proposals should be submitted to: Christie Hutchinson, Purchasing Director Division of Administration Department of Agriculture and Consumer Services Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 (850) 487-3727 No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any discussions with any FDACS employee. Only those communications which are in writing from the Department's Purchasing Office may be considered as a duly authorized expression on behalf of the Department. Only communications from the applicant which are signed and in writing will be recognized by the FDACS as duly authorized expressions on behalf of the applicant. SCHEDULE OF EVENTS May 15, 2006 Notification of Availability of Request for Proposal mailed to all potential applicants. July 14, 2006 @ 2:00 P.M. Sealed proposals in response to RFP must be received by FDACS Purchasing office. August, 2006 Evaluation of proposals. August 31, 2006 Posting of Award on the Florida Bid System at http://myflorida.com. Click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. October 1, 2006 Expected grant agreement (contract) execution and authorization to begin. December 31, 2006 First quarterly Interim report due. July 1, 2008 Deadline for submitting request for no cost time extension. 26 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. September 30, 2008 Contract ending date. November 15, 2008 Deadline for final reimbursement claims. 26 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTIFICATION OF VENDOR OMBUDSMAN'S NAME AND TELEPHONE NUMBER Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)488-2924 or by calling the Chief Financial Officer's Hotline, 1-800-848-3892. 27 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONFLICT OF INTEREST STATEMENT representative of as authorized 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 28 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for Compliance with certification requirements under 34 CFR Part 82. "New Restrictions on Lobbying;` and 34 CFR Part 85, `Government -wide Debarment and Suspension (Nonprocuremenl) and Government -wide Requirements for Drug -Free Workplace (Grants).` The Certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the Covered transaction, grant, or Cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U S. Code, and implemented at 34 CFR Part 82. for persons entering into a grant or 000perative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and $2.110, the applicant certifies that (a) No Federal apprWriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person .for influencing or attempting to influence ari officer or employee of. any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in Connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continu- abon, renewal, amendment, or modification of any Federal grant or Cooperative agreement,. (b) If any funds other than Federal appropriated funds have boon 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 of Congress in connection wilh.this Federal grantor cooperative agreement, the undersigned shall Complete and submit Standard Furm LLL, 'Disclosure Form to. Report Lobbying,' in accordance with its instructions, (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgranls, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension,. and implemented at 34 CFR Part 85, for prospec- tive participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85110— A. The applicant certifies that it and its principals: (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 applica- tion been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting 10 obtain, or performing public (Federal. State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or Commission of embezzlement. theft, forgery. bribery, falsification or destruction of records, making false statements, of receiving stolen property', 29 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with, commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default: slid 8, Whore the applicant is unable to cortify.to any of the stale - meats in this certification, he or she shall attach an explanation to this application_ 3. DRUG-FREE.WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, arid implemented at 34 CFR Part 85, Subpart F. for grantees, as defined at 34 CFR Part 95, Sections 85.605 and 85,610 - A. The applicant certifies that it will or will Continue to provide a drug froe,workplace by: (a) Publishing a statement notifying employees that the unlawful manuf301.1re, distribution, dispensing, possession; pr use Of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition,. (b) Establishing an on -going, drug -free awareness program to inform employees about. (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation. and employee. assistance programs; and (4) The penalties that may be if upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be giver) a copy of the statement required by paragraph (a). (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will; (1) Abide by the terms of the statement; 21YJ (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute ocCurnng in the workplace no later than five calendar days after such conviction; BID NUMBER: RFPIDF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. (e) Notifying the agency, in writing, within 10 calendar days After receiving notice under subparagraph (d)(2) from an employee Of otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Policy and Oversight Staff, U.S. Depart- menl of Education. 400 Maryland Avenue, S.W. (Room 3652. GSA Regional Office Building No. 3). Washington. DC 20202- 4248. Notice shall include the identification number(s) of each affected grant, (f) Taking`0ne of thefollowing actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicled: (1 j Taking appropriate personnel. action against such an ernt- ployee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as Amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal. Stale. Or local heallh, law enforcement, or other appropriate agency; (g) Making a good faith effort to ootttinue to maintain a. drug -free workplace through implementation of paragraphs (a). (b), (c). (d), (e). and (f). B. The grantee may insert in the space provided below the site(s) for the perfonttance of work done in connection with the specific grant. Place of Performance .(5treet address. city, tx,)unty, state, zip node) Check. (..] if there are workplaces on file that are not identified here. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85. Sections 85.605 and 85.610- A. As a conjition of the grant. I certify that I will not engage'hl the unlawful manufacture, distribution, dispensing, possession, or use of a oortlrolled substance in conducting any activity with the grand. and B. if convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, 1 will report the Oonviction, in writing, within 10 calendar days of the conviction, to, -Director. Grants Policy and Oversight Staff, Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3). Washington. DC 20202-4248. Notice shall include the identification number(s) of each affected grant. As the duly authorized representative of the applicant, I hereby. certify that the applicant.will comply with the above certifications. NAME OF APPLICANT PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE PR/AWARD NUMBER AND / OR PROJECT NAME DATE ED 80-0013 72/98 30 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT D 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than Z X T and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., July 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2006 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Proposer Name: Name and Title of Contact Person: Address: Zip: — Phone: Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No FEID Number As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Title: Signature: Date: 31 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (Two page limit, #12 font, single-space) 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM (include information that will support the evaluation criteria listed on page 19-20 of this RFP) Demonstrated Need: Storm Impact in the Project Area: Supporting Documents Included: Well -Defined Goals and Obiectives: Measurable End Results of the Project: Long -Term Management of the Project Area: Technical Correctness: Supervision and Monitoring of the Project: Recognized Specifications and Standards to be Followed: Cost -Effectiveness: Sources of Cash, Labor, Materials, and Other Resources: Sources of Matching Resources: Partnerships Contributing to Project Completion: Documentation of Cost Figures Listed in the Budget Sheet: Tree City USA Certification (current as of 2004): Tree City USA Growth Award (current as of 2004): Other Information to Support Approval of this Project: NOTE: This format will also serve as the Proposal Evaluation Sheet 32 BID NUMBER: RFP/DF-05/06-123 Activity: Specific Description: SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) $ Total Matching Costs (II) $ Total Program Costs (III) $ OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT E BUDGET (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II 100% Add columns I and II for total III (100%) % Grant request A budget, detailing all costs identified_ above must be attached. %Local match PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) County Describe the Specific Location of the Project: Who has Responsibility for Overseeing Project Implementation (name and title)? Who has Maintenance Responsibility for the Project after Completion? Is the Land Ownership Public or Private?: Name of Landowner: Project Title: Applicant Name: 33 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) Personnel (list titles or positions) Travel 34 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity M Rate or Price M Grant Cost M Match Cost W Equipment (list items) 36 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity V) Rate or Price M Grant Cost M Match Cost W Supplies* (list items) R11 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity M Rate or Price M Grant Cost M Match Cost M Operating Costs (list) Trees (list species and size) Overhead" Total * Grant dollars may not be used to purchase food as supplies. Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. 37 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXAMPLE BUDGET Specific Description: Broadway/42nd Street and Islip/Rahway Activity: Replacement Planting, ree Pruning p p Blocks SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) Total Matching Costs (II) Total Program Costs (III) (A 75/25 match on behalf of the Proposer is required) REQUESTED GRANT $ LOCAL MATCH $ 10,000 0 5,000 0 0 0 3,000 0 2,000 0 15,000 0 0 $ 25,000 $ 10,000 35,000 100% Add columns I and II for total 111 (100% 71 % Grant request 29 % Local match A BUDGET DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Grapefruit Describe the Specific Location of the Project: Valdermere, FL Who has Maintenance Responsibility for the Property? Bernice Celia Town Manager Is the Land Ownership Public or Private? Public Name of Landowner: Town of Valdermere FL Inc. Project Title: Valdermere Urban Forestry Hurricane Recovery Proposer Name: Town of Valdermere 38 BID NUMBER: RFPIDF-05/06-123 OPENING DATE: JULY 14, 2006 @ 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 (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost M M (�) Contractual (Description) Tree Remedial 100 Trees 100/tree 10,000 Pruning 10,000 Personnel (list titles or positions) Certified Arborist Supervision, 40.00/hr 4,000 (Boris Smith) planning 100 hours Volunteer Labor Delivery and 10.00/hr 1,000 Troop 29 Planting SUBTOTAL 100 hours 5,000 Travel SUBTOTAL 39 BID NUMBER: RPP/DF-05/06.123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost M ($) M ($) E u_g� iAment (list items) Stake Body Truck 10 hours 60/hr 600 for Delivery Irrigation System 2,400 Upgrade and Operation SUBTOTAL 3,000 Supplies* (list items) Planting supplies TBD $12/tree 1,200 (fert, mulch, etc.) (Per mgt plant) Shovels, gloves, 800 staking materials, etc. SUBTOTAL 2,000 40 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) () ($) ($) Operating Costs (list) None Trees (list species and size) Chickasaw Plum Cypress 100 Purchase price $15,000 -0- Flowering Cherry (15 gal) $150/tree Live Oak (Florida #1) Long Leaf Pine Magnolia Purple Leaf Plum SUBTOTAL $15,000 -0- Overhead** Total $25,000 $10,000 * Grant dollars may not be used to purchase food as supplies. "* Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. 41 BID NUMBER: RFPIDF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT F EXAMPLE 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 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 2:00 p.m., July 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2006 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Valdermere Urban Forest Pro ram Proposer Name: Valdermere FL Inc. Name and Title of Contact Person: Bernice Celia Town Manager Address: 100 Main Street Valdermere Florida Zip: 33867 Phone: _ (407) 555-8733 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No X FEID Number 59-123456789 Has Implementation of the Practice Already Begun? Yes If So, Date Project was Initiated 12/15/04 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: Bernice Celia Title: Town Mana er Signature: 42 Date: 06/01 /05 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXAMPLE (CONTINUED) PROJECT DESCRIPTION (two page limit) 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM The Town of Valdermere is requesting a $25,000 Grant from the Urban and Community Forestry Grant program. Grant and budgeted funds will be used to replant trees in damaged areas, and reimburse the city for corrective pruning expenses that occurred between August 31 and December 31, 2005. Valdermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed here for ten years, under the leadership of a volunteer Tree Board. The overall program is described below in terms of the U&CF Grant evaluation factors. Demonstrated Need: As a result of Category I Hurricane Force winds received during Hurricane Charley, tree canopy has been reduced from an estimated 35% before the storm to a current level of 20%. The neighborhoods indicated on the attached maps within the city limits of Valdemere experienced significant damage to trees as a result of Hurricane Frances. The map indicates areas where trees had to be removed, as well as other areas where corrective pruning was necessary to mitigate safety hazards and improve the health of the trees. A total of xxx trees will need to be replaced, and xxx trees required corrective pruning. As further evidence of the damage impacts, we have included photographs and debris removal cost figures. We realize that only those costs incurred since August 29. 2005 were not reimbursed by an outside source, and are directly related to these projects can be used as either part of the grant application or the match. Well -Defined Goals and Obiectivesr Before the storm, the city had a goal of reaching a tree canopy level of 40% by 2010. Since this effort has been set back, receipt of grant funds will help to reduce the delay in meeting this goal. Under this grant, xxx trees as described above will be planted and xxx trees will receive corrective pruning. These areas will be incorporated into the city's existing urban forestry master plan for maintenance. Technical Correctness: The trees species listed in the budget section are either native to the immediate area, or have been successfully grown here for decades and have proven not to be invasive. An irrigation system exists in the area, and will be upgraded to water the new trees on a regular basis for the first year until the trees are established. The existing trees were pruned according to ISA standards. Both the pruning and the upcoming planting are under the supervision of City Aborist Boris Smith, who is ISA certified. Plantings will be conducted according to University of Florida guidelines listed on their website. Cost Effectiveness: Contract crews who conducted the tree pruning were selected from three ISA certified vendors who submitted written quotes. See attached documentation of corrective pruning costs. City employees and funds will be used to perform the tree planting. In addition, overall project costs will be reduced by using volunteers from Boy Scout Troop 29 to deliver and plant the trees. The Chamber of Commerce is providing mulch and ground cover plants. Tree City USA Certification: The City of Valdemere has been certified as a Tree City USA since 1991, and has earned the Tree City Growth Award for the past four years. Other Supportinq Information: Visibility of the Project: All trees planted or treated under this project are located along city streets with heavy pedestrian and vehicular traffic. 43 BID NUMBER-- RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT G 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM EXAMPLE RESOLUTION 00-1,23 A RESOLUTION BY THE CITY OF HOMETOWN, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, the City of Valdermere has received significant damage to its urban trees as the result of the 2005 hurricanes; and WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant which would provide monies to help remediate the impacts of the 2005 hurricanes; and WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Valdemere, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the City council of Valdermere, Florida: Section 1. The City Council supports the remediation of its urban forestry resources. Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement and (if applicable) a Maintenance Memorandum of Agreement between the City of Valdermere, Florida and Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2006. ATTEST: City Clerk 44 Mayor APPROVAL AS TO FORM: City Attorney EXHIBIT B BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT I DRAFT 2006 URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM .OF AGREEMENT'"` This agreement, made and entered into this the day of , 20 , by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and the City of Altamonte Springs, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 051-1-02 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Entity (Subrecipient) 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 Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: CihL of Altamonte Springs Eight -of -Ways. Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; 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) Fallowing the Planting and Maintenance Guidelines as included herein as Exhibit A. 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 65 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JUL.Y 14, 2006 @ 2:00 P.M. (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 Entity (Subrecipient) shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of 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 Wi Signature Title CONTRACTOR Date BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non -biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project. C. Staking Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if the wire is inside rubber hosing. 57 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Stakes and ties should remain on the trees no longer that one year to avoid girdling, D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective/structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area. This will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degrees of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non -irrigated sites need to be monitored more closely. F. Fertilizing Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs/stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. 58 EXHIBIT C BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT H DRAFT 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the City of Anna Maria, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in grant application Number 051-1-19, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Entity (Subrecipient) by Resolution No. N/A, dated N/A, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows: A. Failure by the Entity (Subrecipient) 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, 2007 C. The Entity (Subrecipient) has estimated the project cost to be $19,952 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $9,976 or fifty percent (50%) of the final approved project costs, whichever is less (the "Grant Amount"), The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, March 31, June 30 and September 30). 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 Entity (Subrecipient) 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. 46 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. For installed plant materials, a sixty (60) day grow -in -period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 30, 2007. I. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the 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) 488-7552. 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. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. All approved travel expenditures must be submitted on a State travel form (see Attachment F). Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. This Agreement may be terminated under any one of the following conditions: A. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. B. By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. C. By either party following sixty (60) calendar days written notice. D. By both parties following the complete execution by both parties of an agreement to terminate this 46 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Agreement. In the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Entity (Subrecipient). It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids 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 H 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. 47 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient_ expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records 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 48 BID NUMBER: RFP/DF-05/06-123 OPENING DATE. JULY 14, 2006 @ 2:00 P.M. Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from the non-federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass -through entities in accordance with Sections .320(c) and (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 49 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, G_ Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850) 942-7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the employment of unauthorized aliens by ant Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Entity (Subrecipient) 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. 50 BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R-8 Tallahassee, Florida 32399-1650 All notices, demands, requests or other instruments to the Entity (Subrecipient) shall be addressed to: Mr. Ewen Thomson Vice President Friends of Gainesville Hawthorn Trail 3215 NW 17th Street Gainesville FL 32605-2511 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature Title Date FEID Number of Social Security Number DACS-01085 Rev, 01/06 Signature Title CONTRACTOR Date 51 BID NUMBER: RFP/DF-05106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: First applicable compliance requirement (e.g., what services/purposes resources must be used for). 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: If the resources awarded to the recipient for matching represent more than one Federal -program, provide the same information shown below for each Federal program and show the total State resources awarded for matchin . 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 suit to Section 215.97, Florida Statutes, State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) DFS-A2-CL July 2005 DACS-01085 Rev, 01/06 52 Rule 691-5.006, FAC BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 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 CircularA-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. DI" S-A2-CL July 2005 DACS-01085 Rev. 01/06 Rule 691-5.006, FAC 63 BID NUMBER: RFP/DF-06/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY FORESTRY GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount Match Amount (Attach copies of canceled checks, receipts and invoices) Totals Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. AUTHORIZED SIGNATURE: Grantee Date 54 EXHIBIT D THREE-YEAR MAINTENANCE PLAN The City of Tamarac Public Works Department landscaping crews will routinely perform the maintenance on the newly planted trees. Supervisors will ensure that the new trees are properly established and receive the necessary watering, fertilization, and grooming to conform to grant requirements detailed in the provided Planting and Maintenance Guidelines. The maintenance schedule for the next three years (and thereafter) will be as follows: • Each tree will be fertilized a minimum of three times per year • Suckers will be removed year round as needed • The palms will be trimmed twice a year* • Non -palm trees will be trimmed year round as needed* • Leaves will be removed as the deciduous trees shed them *Personnel certified as a Tree Trimmer I by the Broward County Extension Service will trim all trees. Following is a fully executed document received on 1112012006 From Florida Department of Agriculture and Consumer Services Grant for an Emergency Hurricane Supplemental Urban and Community Forestry Grant - Hurricane Wilma- R-2006-109 Exhibits A, BI C, D No Text r a "EXHIBIT 1 URBAN AND COMMUNITY FORESTRY U&CF GRANT MEMORANDUM OF AGREEMENT ' This agreement, made and entered into this the -� , day of _ CA lr'r Y bC( , 202j� _ by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the City of Tamarac, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in grant application Number 06H-55 included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.6641 WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Entity (Subrecipient) by Resolution No. R-2006-109, dated June 28, 2006, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows: A. Failure by the Entity (Subrecipient) 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 2007 C. The Entity (Subrecipient) has estimated the project cost to be $33,376 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $25,032 or seventy-five percent (75%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, 2006, March 31, 2007, June 30, 2007 and September 30, 2007, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. No Text 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 Entity (Subrecipient) prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. For installed plant materials, a sixty (60) day grow -in -period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 30, 2008. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the 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) 488-7552. 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. Bills for any travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. All approved travel expenditures must be submitted on a State travel form (see Attachment F). No Text Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. This Agreement may be terminated under any one of the following conditions: A. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. B. By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. C. By either party following sixty (60) calendar days written notice. D. By both parties following the complete execution by both parties of an agreement .to terminate this Agreement. In the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Entity (Subrecipient). 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). No Text 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 No Text expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non -state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (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. No Text H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. 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: No Text (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass -through entities in accordance with Sections .320(c) and (f), OMB Circular A-133, as revised. E. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A- 133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. 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 No Text 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. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the employment of unauthorized aliens by any Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Entity (Subrecipient) 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 Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Entity (Subrecipient) during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor any of its sub -contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. 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. No Text In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R-8 Tallahassee, Florida 32399-1650 All notices, demands, requests or other instruments to the Entity (Subrecipient) shall be addressed to: Mr. Michael Gresek with a copy to the City Attorney at City of Tamarac the following address: 7525 N.W. 88th Avenue 7525 NW 88th Avenue Tamarac, Florida 33321 Tamarac, Florida 33321 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SE VICES C Date DACS-01085 Rev. 08/06 CONTRACTOR Sianat 0 Sri� l^'76/Z . Title 1< - zo - ac, Date FEID Number of Social Security Number 4 AP A 0 V I�QR EY No Text EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) — U.S. Department of Agriculture/U.S. Forest Service, CFDA #10.664 Cooperative Forestry Assistance $ 25,032.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient most comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE. If the resources awarded to the recipient for matching represent more than „one -Federal program, provide the same information shown below for each Federal, pro -gram and show the total State resourcesawardedfor matching. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) — $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE._ If the resources awarded to the recipient represent more than one State project, provide the same information shown below for each State project and show total, state financial assistance awarded that is subject to Section 215.97. Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) — $ (amount) DACS-01085 Rev. 08/06 DFS-A2-CL July 2005 Rule 691-5.006. FAC No Text COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC' for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non -Federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DFS-A2-CL July 2005 Rule 691-5.006, FAC No Text ATTACHMENT G Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY FORESTRY GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount Match Amount (Attach copies of canceled checks, receipts and invoices) Totals Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. m1 :rll110:4 �I Grantee Date No Text URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of f1Gi�`t"rYl,, 20, by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and the City of Tamarac, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 061-1-55 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Entity (Subrecipient) 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 Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: City of Tamarac. Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade ##1 or better. (2) Proper watering and proper fertilization of all trees/plants. (3) Keeping trees/plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and/or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and/or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; 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. No Text 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 Entity (Subrecipient) shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of 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 CONTRACTOR v� ignatu X_ Cri `7 /� Gle Title le, -Zo•0G Date FEID Number of Social Security Number APP D F R CffY ATTORNEY No Text EXHIBIT A PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better All synthetic or non -biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of wire be cut and removed after the root ball is set in the planting hole. The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the same depth as the root ball. Position the tree or palm in the center of the planting hole with the top of the root ball even with the surrounding soil surface. Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated into the backfill. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips, bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the tree or palm trunk. Replenish mulch as it decomposes maintaining a 24" layer over the life of the project C. Staking Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential vandalism or strong winds. Use flexible materials such as strapping or commercially available ties that give as the tree diameter increases and as the tree moves. Biodegradable material is recommended. Do not use wire even if the wire is inside rubber hosing. Stakes and ties should remain on the trees no longer that one year to avoid girdling. No Text D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove sucker sprouts from the base of the tree after planting. Corrective/structural pruning can begin approximately one year after planting. Do not remove more than 1/3 of the live crown during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during hot or dry periods. As tree or palm growth progresses, be sure to water outward (away from the trunk) to the surrounding soil area. This will promote the outward growth and spread of roots. Various species of trees or palms and/or soil types may require varied degrees of watering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non -irrigated sites need to be monitored more closely. F. Fertilizing Begin a fertilization program within the first year of planting. Broadcast fertilizing or fertilizer plugs/stakes are recommended. Fertilize lightly after the first year using a balanced fertilizer (rates should be based on the size of the tree or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. No Text BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.M. ATTACHMENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS: AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to dolerrrnne the certification to which they are required to attest. Applicants shooW also review the instructions for certification included in the regulations before completing this ft_;rm Signature of this form provides for olnpliance with certification requirements under 34 CFR Part 82,'New Ro7triclions on Lobbying,- and 34 CFR Pan 85 'Government -wide Debarment and Suspension (Nonprocuremenl) and Government -wide Requirements for Drug -Free Workplace (Grants).- -rho certifications shall be treated as a material representation of fact upon which reliance will be placedwhen the Department of Education determines to award the oovered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352. Title 31 of the U.S, Code, and implemented at 34 CFR Pan 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sedions 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influerw,ing of allernipting to influence an officer or employee of any agency, a Member of Congress, an officer or ornployee of congress. or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continu- ation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Iviernber of Congress, an officer or employee of Cory.)ress, or an employee of a Member of Congress in connection with this Federal grant or crx>,,ietalive agreement, the undersigned shall complete and submit Standard Form - LLL,'Disclosure Form to Report Lobbying," in accordance with its instructions: (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including silbgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subredpionts shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospec live participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110— A. The applicant certifies that it and its principals: (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 applica- tion been convicted cl or had a civil judgement rendered against them for commmrs5ion of Iraud or a crimtinal offense in onnection with ohlaining, attempting to obtain, or performing a public, (Federal, Stale, or local) transaction or contract under a public transaction. violation of Federal or Stale antitrust statutes or tx�mmission of embezzlement, theft, forgery, bribery, falsification or destruction of recx')rds, making false statements, or receiving stolen property, (c) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entily (Federal. State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification, and (d) Have not within a three-year period preceding this applicata had one or more public transaction (Federal. State, or local) lonnrnated for cause or default: anct B. Where the applicant is unable to certify to any of the state- ments in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Mforkplace Act of 1988. and implemented at 34 CFR Part 85. Subpart F. for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 - A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace. (2) The grantees policy of maintaining a drug -free workplace (3) Any available drug counseling, rehabilitation, and employee assistance programs, and (4) The penalties that may be imposed uprin employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a), (d) Notifying the employee in the statement required by para. graph (a) ilia(, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the stat.emenl. and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace rlo later than five calondar days after such convictioo. 29 No Text BID NUMBER: RFP/DF-05/06-123 OPENING DATE: JULY 14, 2006 @ 2:00 P.►, (a) Notifying lire agency, in writing, within 10 calendar days after DRUG -FREE WORKPLACE receiving notice under subparagraph (d)(2) from an employee or (GRANTEES WHO ARE INDIVIDUALS) otherwise recorving actr.ral notice of such conviction. Employers of convicted amplovees must provide notice, including position As required by the Drug -Free N%orkplace Act of 1988, and title, to: Director, Grants Policy and Oversight Staff, U.S. Depart- implemented at 34 CFR Part 85, Subpart F, for grandees, as ment of Education, 400 Maryland Avenue, S.W. (Room 3652, defined at 34 CFR Part 85, Sections 85.605 and 85 610- GSA Regional Office Building No. 3). Washlrxg6m, DC 20202- 4248. Nclice shall include the Identification number(s) of each A. As a condition of the grant. I certify that I quill not engage in the affected grant; unlawful manufacture, distribution, dispensing, po35e.4sm7n, or use of a controlled substance in conducting any activity with the (f) Taking one of the following actions, within 30 cnlandar clays of grant: and receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: S. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will (1) Taking appropriate personnel action against such an erne report the conviction. in writing, within 10 calendar days of the ployee, up to and including termination, consistent with the conviction, to: Director, Grants Policy and Oversight Staff, requirements of the Rehabilitation Act of 1973, as amended. or Departmont of Education, 400 Maryland Avenue, S W. (Room 3652. GSA Regional Office Building No. 3). Washington, DC (2) Requiring such employee to participate satisfactorily in a drug 20202-4248. Notice shall include the identification nurnber(s) of abuse assistance or rehabilitation program approved for such each affected grant. purposes by a Federal, State, or focal health, law enforcement, or other appropriate agency: (cg) Making a good faith effort to (xxmtinue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (0), and (1). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address. city, county, state, zip code) Public property or rights of way within city limits of the City of Tamarac Check [ ] it there are workplaces on file that are not identified here. As the duty autlxxizod ropresenlalive of the applicant, I hereby certify that the applicant will comply with the above certifications. NAME, OF APPLICANT PRlAWARD NUMBER AND f OR PROJECT NAME CITY OF TAMARAC Hurricane Wilma Reforestation Proj PRINTED NAME AND TITLE OF AIJTHORIZFD REPRESENTATIVE Jeffrey L. Miller, City Manager S IGNAIURE DATE ED 80.0013 12l98 t 30 No Text EXHIBIT A ,DER: RFP/DF-05106-123 OPENING DATE: JULY 14, 2006 @ 2:00 P. ATTACHMENT D 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 112" 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 (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., July 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2006 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Hurricane Wilma Reforestation Project Proposer Name: City of Tamarac Name and Title of Contact Person: Michael Gresek, Special Projects Coordinator Address: 7525 NW 88th Avenue Tamarac, Florida Zip: 33321 Phone:( 954 ) 597-3517 Is sour organization No Nonprofit corporation pursuant to Chapter 617, Florida Statutes? FEID Number 59-1039552 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: City Manager Jeffrey L. Miller Signature: �• %�LL�-�� _ Date: - Ciao z / ! ' 31 No Text ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (Two page limit, #12 font, single-space) 2006 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM (include information that will support the evaluation criteria listed on page 19-20 of this RFP) The City of Tamarac, Florida is located in western Broward County and is the 11t" largest of the County's 29 municipalities. Tamarac's current population is approximately 58,000 people with a median age of 52. According to the National Hurricane Center, hurricane force winds from Hurricane Wilma impacted Broward County. A peak wind velocity of 138 knots (Category 5 on Saffir-Simpson Scale) was reported at an elevation of about 5,000 feet over western Broward County. Category 2 winds were reported in all three counties of Miami -Dade, Broward, and Palm Beach. In addition, the Division of Forestry's Point Scale for Exposure to Hurricane Force Winds indicates Tamarac withstood Category 3 force winds during this storm. As a result of this wind intensity, Hurricane Wilma took a severe toll on Tamarac residents, infrastructure, and its entire urban forest. As a Tree City USA, Tamarac is dedicated to upholding principles of urban and community forestry. With this commitment, Tamarac is requesting a $50,000 grant from the 2006 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program. These grant funds plus the 25% City match will help replenish the City's tree canopy by replacing approximately 210, or 46% of the trees that were lost during this storm. The City itself will be providing reforestation of the 54% remaining tree balance. The total number of trees lost due to Hurricane Wilma is located throughout Tamarac and therefore took a severe toll on the City's entire tree canopy. As the planting plan illustrates (see Planting Plan tab), the red indicator marks are shown throughout the City's boundaries depicting trees on public property or City rights of way that must be replaced. At present, these trees have either been removed or have been tagged for removal by the City Public Works Department Landscaping Division. As clean-up and damage assessment of the City's urban forest has been substantial, no trees have been replanted as of this date Demonstrated Need: Storm Impact in the Project Area: The City of Tamarac was severely impacted by Hurricane Wilma during October 2005. The storm devastated the community's urban forest. Approximately 458 of the City's trees were lost or damaged beyond recovery during the storm and over 100,000 cubic yards of debris were collected during just the first two weeks after the storm. The photo on the cover of this application illustrates the enormous debris field required to remove all the remains in the aftermath. The City's commitment to provide, care for and maintain a healthy community forest necessitates the replacement of trees that were lost during Wilma, not to mention the 2004 hurricanes of Frances and Jeanne. Unfortunately, this endeavor has proven to be a great financial challenge to the City. Total City costs attributed to Wilma are estimated at $12 million, or 28% of the entire FY2006 Tamarac General Fund Budget. As $183,200 of these costs are attributed to the value of lost trees alone (458 X $400ea.), the City requires assistance in meeting its obligation to replace these trees with wind resistant species that will help ensure a larger, stronger tree canopy for Broward County and the State of Florida. Supporting Documents Included: The Division of Forestry's Compiled Extrapolated Data for Hurricane Wilma is included as Attachment 1 of Attachment D. The City of Tamarac is highlighted. An excerpt from the National Hurricane Center's 2005 Atlantic No Text Hurricane Season Report for Hurricane Wilma is also included. Finally, a copy of the Capital Improvement Project sheet from the City's Street Improvement Program is attached since this project is being made part of this larger CIP. Well -Defined Goals and Objectives: Measurable End Results of the Project: A goal in the City of Tamarac Master Plan is to foster a well -developed, natural, healthy urban forest for the benefit of wildlife and enjoyment of residents in the community. One major objective is increasing the forest by planting more trees in more suitable locations. The reforestation of 210 newly planted trees throughout the City on public property or City rights of way is the measurable end result of a project designed to replenish and increase the City's urban forest. In addition, the project assists the County's Replant Broward goal of increasing average tree cover in residential areas upward from 14% toward the national average of 28%. Long -Term Management of the Proiect Area: The site's forest will be incorporated into the City's public works maintenance program. Please see the enclosed Three-year Maintenance Plan included in Attachment G. Technical Correctness: Supervision and Monitoring of the Project: The tree planting project will be overseen by the City's ISA Certified Arborist, who will ensure that all species selected are suitable, native, and non-invasive, according to the standards of the Florida Department of Agriculture. An irrigation system will also be installed within the area. The newly planted trees will be maintained by the Tamarac Public Works Landscaping Division. Recognized Specifications and Standards to be Followed The tree plantings will be conducted according to the "Planting and Maintenance Guidelines" provided by FDACS Division of Forestry. Cost -Effectiveness: Sources of Cash, Labor, Materials, and Other Resources: The planting project will be funded in its entirety by the partnership between FDACS Division of Forestry and the City of Tamarac. The City's Landscaping Division will plant and maintain the trees. Sources of Matching Resources: The City of Tamarac will provide a 25% cash match, or $16,667, in additional trees needed for the reforestation project. As the grant will fund an estimated 210 trees, the City is also providing the purchase of an additional 248 trees ($99,200 at approximately $400 per tree) in order to fulfill its commitment of reforesting the 458 trees lost during Hurricane Wilma. Partnerships Contributing to Project Completion: The Project will benefit from a strong partnership between FDACS Division of Forestry and the City of Tamarac. Broward County also contributed to the provision of shade trees for the City through the Broward Beautiful Program. Both FDACS and the County are already partnering with Tamarac in the goal of replacing the City's lost urban forest due to Hurricanes Frances and Jeanne during the 2004 hurricane season. Documentation of Cost Figures Listed in the Budget Sheet: Please see the attached sheet (Attachment E) prepared by our City certified arborist with itemized tree costs. Tree City USA Certification (current as of 2003). Tamarac is currently on�the list of Tree Cities for the State of Florida as identified by the Tree City USA Program, and has been for the last 13 years. Other Information to Support Approval of this Project: A goal in the City of Tamarac Master Plan is to foster a well -developed urban forest for the enjoyment of residents and appearance of the community. In fact, "Overall Appearance of the Community" was sited as the number one reason why residents decided to live in Tamarac, according to the 2005 City of Tamarac Resident Survey. Reforestation of the City's urban forest will help Tamarac and Broward County return to its pre -Wilma appearance. A copy of this indicator is included in Attachment 1 of D. No Text THREE-YEAR MAINTENANCE PLAN The City of Tamarac Public Works Department landscaping crews will routinely perform the maintenance on the newly planted trees. Supervisors will ensure that the new trees are properly established and receive the necessary watering, fertilization, and grooming to conform to grant requirements detailed in the provided Planting and Maintenance Guidelines. The maintenance schedule for the next three years (and thereafter) will be as follows: • Each tree will be fertilized a minimum of three times per year • Suckers will be removed year round as needed « The palms will be trimmed twice a year* • Non -palm trees will be trimmed year round as needed* • Leaves will be removed as the deciduous trees shed them *Personnel certified as a Tree Trimmer I by the Broward County Extension Service will trim all trees. No Text ATTACHMENT E BUDGET Activity: Replacement Planting EXHIBIT B Specific Description: Southgate_ Boulevard from Nob Hill Road east to SW 83rd Avenue. SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) Total Matching Costs (II) Total Program Costs (III) (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ 1 II $ 7,�.u3 2-- $ $ $ 100% Add columns I and II for total III (100%) 75 % Grant request 25 %Local match A budget, detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) County: Broward Describe the Specific Location of the Project: -Not Applicable. Trees are part of the Tamarac urban forest and are located throughout the City of Tamarac Florida. Who has Responsibility for Overseeing Project Implementation (name and title)? q certified Arborist,for the City of Tamarac George onroy� Landscape Supervisor and ISA Who has Maintenance Responsibility for the Project after Completion? Tamarac Public Works Department — Landscaping Division Is the Land Ownership Public or Private?: Public Name of Landowner: Citv of Tamarac. Florida Project Title: Hurricane Wilma Reforestation Project Applicant Name: City of T L iiarac, I.2r:icia No Text ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity # Rate or Price $ Grant Cost Match Cost Contractual (Contractor cost for design, irrigation, planting material, tree planting) -2-1 6 trees Tree planting Personnel (list titles or positions) No Text Travel No Text Equipment (list items) No Text Supplies* (list items) No Text Operating Costs (list) Trees (list species and size) Live Oak (height: 12- ._50 '215, $ 350/each $ 13;125 4; 375 14', spread: 7-8', Clear rr r Trunk: 4', Caliper: 4") Gumbo Limbo (height: 12-14', spread: 7-8', Clear - 50� $ 225/each $`5;438 $ 2;813 Trunk: 4% Caliper: 4") Red Maple (height: 12-14', spread: 7•-8' Clear Trunk:4', 50� $ 250/eachg;375' $ 3 125 Caliper: 4") Sabal Palm (height: 12-14', Clear Trunk: 5' $ 75/each 3;375" $_$ 125 minimum) d k G> t J 2_ Overhead" Total ? 10 66,750 $ (J,(J00 4.16,750- * Grant dollars may not be used to purchase food as supplies.' Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. No Text