HomeMy WebLinkAboutCity of Tamarac Resolution (266)Temp Reso. #9893
Page 1
September 14, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-266
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
URBAN AND COMMUNITY FORESTRY GRANT IN THE
AMOUNT OF $10,000, PROVIDING FOR A MATCH OF
$16,650 AND A TOTAL PROJECT COST OF $26,650, FOR
A MEDIAN ENHANCEMENT TREE PLANTING PROJECT
ON SOUTHGATE BOULEVARD BETWEEN PINE ISLAND
ROAD AND NOB HILL ROAD; PROVIDING FOR A
MAINTENANCE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY AND THE DEPARTMENT OF
AGRICULTURE IN THE EVENT THE GRANT IS
AWARDED; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac realizes that trees provide
many benefits to residents including energy conservation, wildlife habitat, decreased storm
water runoff and cleaner air; and
WHEREAS, the City of Tamarac realizes the importance of maintaining, restoring and
expanding the tree canopy within the City; and
WHEREAS, The City of Tamarac is committed to enhancing the medians throughout
the City through the installation of landscaping and trees; and
WHEREAS, the Department of Agriculture and Consumer Services through the
Urban and Community Forestry Grant Program provides funds to municipalities for the
expansion of the tree canopy through site specific projects on public spaces; and
C
Temp. Reso. # 9536
Page 2
September 14, 2002
WHEREAS, should the application be approved and grant awarded, the City agrees to
maintain the trees which are the subject of this application on an ongoing basis; and
WHEREAS, the City of Tamarac is willing to match a grant request of $10,000 with
$16,650 for a total project cost of $26,650; and
WHEREAS, the City Manager and the Director of Public Works recommend filing of
the application (attached hereto as "Exhibit A"); and
WHEREAS, the application process requires that the City of Tamarac indicate that it
will maintain the trees and agrees to, upon approval of the application and award of the
grant, execute a Maintenance Memorandum of Agreement with the Department of
Agriculture a sample of which is attached hereto as "Exhibit B"; 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 Urban and Community Forestry
Grant Program for $10,000 for the enhancement of Southgate Boulevard as part of the
Street Improvement Program,
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this resolution.
Section 2: The appropriate City officials are hereby authorized to submit the Urban
and Community Forestry Grant Application (attached hereto as "Exhibit A"), which is made a
part hereof, and request $10,000 in grant funds providing for a $16,650 match.
Temp. Reso. # 9536
Page 3
September 14, 2002
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1
1
Section 3: It is hereby agreed that the City will maintain the trees on an ongoing basis
and will enter into a maintenance memorandum of agreement with the Department of
Agriculture and Consumer Affairs should the application be approved and the grant awarded.
Section 4: All resolutions in conflict herewith are hereby repealed to the extent of such
conflict.
Section 5: 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 in application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 251h day of September, 2002.
/s1a9�"15
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
�1
f
MITCHELL . KI
CITY ATTOR
JOE SCHREIBER
f MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER AYE
DIST 1: V/M. PORTNER AYE
DIST 2: COMM. MISHKIN AYE
DIST 3: COMM. SULTANOF AYE
DIST 4: COMM. ROBERTS AYE
Exhibit "A" TR9893
SUBrdLTFqFW®QrURE AND CONSUMER SERVICES
STATE OF FLORIDA
PURCHASING - MAYO BUILDING, ROOM SB-7
407 SOUTH CALHOUN STREET
REQUEST FOR PROPOSAL
TALLAHASSEE, FLORIDA 32399-0800
CONTRACTUAL SERVICES
(850) 488.7552
Bidder Acknowledgment
Telephone Number:
Page 1 of 74 PROPOSALS WILL BE OPENED
PROPOSAL "FPIDF-02103.01
90
pages and may not be withdrawn within days after such date and time.
AGEN AugU5=1N"Ci @ATE:
PROPOSahXI�6NAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
STATE PURCHASINGSUBSYSTEM(SPURS) VENDOR NUMBER
59-1035992
VENDOR NAME
REASON FOR NO PROPOSAL
City of Tamarac
VENDOR MAILING ADDRESS
7525 NW 88th Avenue
POSTING OF BID TABULATIONS
CITY - STATE - ZIP
Bid tabulations with recommended awards will be posted for review by interested parties at the
Tamarac, FL 33321
location where bids were opened and will remain posted for a period of 72 hours. Failure to file a
protest within the time prescribed in Section 120.57(3), or failure to h ��j]pprry�y�r other security
required by law within the time allowed for filing a band shall constitui��eLt11 ceedings under
AREA CODE
PHONE NUMBER 718 - 3 0 51
Chapter 120, Florida Statutes. Posting will be on or about:
FREE NUMBER
954
I certity that this Proposal is made without prior understanding, agreement, orconnection with any corporation Jeffrey f f r e L. M i 11 e r C l t Miller
y y
firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects
. r
fair and without collusion or fraud. 1 agree to abide by all conditions of this Proposal and certify that I am AUTHORIZED SIGNATURE (MANUAL)
authorized to sign thus Proposal for the proposer and that the Proposer is in compliance with all requirements
of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to
an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the
Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all
causes of action itmay now or hereafter acquire under the Anti-trust laws of the United States and the
State of Florida for price fixing relating to the particular commodities or services purchased or acquired by AUTHORIZED SIGNATURE (TYPED) TITLE
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 CONDITIONS
SEALED PROPOSALS: All proposal sheets and this original acknowledgment form must be
(d) INVOICING AND PAYMENT: The contractor shall be paid upon submission
executed and submitted in a sealed envelope. (00 NOT INCLUDE MORE THAN ONE PROPOSAL
of properly certified invoices to the purchaser at the prices stipulated on the contract
PER ENVELOPE.) The face of the envelope shall contain, in addition to the above address, the date
at the time the order is placed, after delivery and acceptance of goods, less deductions
it any, as provided. Invoices shall contain the contract number, purchase order
and time of the proposal opening and the proposal number. Proposal prices not submitted on attached
proposal price sheets when required shall be rejected. All proposals are subject to the conditions
number and the contractor's SPURS vendor number. An original and three
specified herein. Those which do not comply with these conditions are subject to rejection.
(3) copies of the invoice shall be submitted, The final payment shall not be made until after the
contract is complete unless the State. has agreed Otherwise. Invoices for lees or other
1. EXECUTION OF PROPOSAL: Proposal muss contain a manual signature of authorized
compensation for services or expenses submitted in accordance with the rates at or below
representative in the space provided above Proposal must be typed or printed in irik. Use of
those specified in Sections 112.061 and 287.058, F.S.INTEREST PENALTIES: Payment
erasable ink is not permitted. All corrections made by proposer to his proposal price must be
shall be made in accordance with Section 215.422, F.S., which states the
initialed. The company name and SPURS vendor number shall appear on each page of the bid
contractor's rights and the State. agency's responsibilities concerning interest
as required. Complete. ordering instructions must be submitted with the proposal. If you are not a
penalties and time limits for payment of invoices. VENDOR RESPONSE SYSTEM: To access
registered vendor with the Department of Management Services, contact State Purchasing, 4050
an interactive Voice Response System for vendor payment inquiry, Vendors may call (850)
Esplanade Way, Suite 360, Tallahassee. Fl 32399-0950, (850) 487.4634 immediately.
413-7269 between 7 a.m. and 6 p.m. Monday through Friday to check on the status of payments
by State agencies. The system can accommodate English and Spanish speaking callers.
2. NO PROPOSAL SUBMITTED: It not submitting a proposal, respond by returning
VENDOR OMBUDSMAN! Vendors providing goods and services to an agency should be aware
only this proposer acknowledgment form, marking it "NO PROPOSAL" and explain the reason in
of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve
the space provided above. Failure to respond to a procurement solicitation without giving justifiable
the goods and services, unless the bid specifications, purchase order or contract specifies
reason for such failure, non-conformance to contract conditions, or other pertinent factors deemed
otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department
reasonable and valid shall be cause for removal of the supplier's name from the proposal mailing
of Banking and Finance. The 20 days are measured from the latter of the date the invoice is
list. NOTE! To quality as a respondent, proposer must submit a "NO PROPOSAL", and it must
received or the goods and services are received inspected and approved. If a payment is not
be received no later than the stated proposal opening date and hour
available within 40 days, a separate interest penalty set by the Comptroller pursuant to Section
3. PROPOSAL OPENING: Shall be public. on the date, location and the time specified on
55.03 F.S., will be due and payable. in addition to the invoice amount, to the vendor. To obtain
the applicable interest rate, contact the agency purchasing office,. The interest penalty provision
the acknowledgment form. It is the proposer's responsibility to assure that his proposal is delivered
at the proper time and place of the proposal opening. Proposals which for any reason are not so
applies after a 35 day time period to health care providers, as defined by rule. Interest penalties
delivered. will not be considered. Offers by telegram or telephone are not acceptable. A proposal
of less than one (1) dollar will not he enforced unless the vendor requests payment. Invoices
which have to be returned to a vendor because of vendor preparation errors will result in a
may not be altered after opening of price proposals. NOTE: Proposal tabulations will be furnished
upon written request with an enclosed. sell addressed, stamped envelope and payment of n
delay in the payment. The invoice payment requirements do not start until a properly completed
predetermined fee. Proposal tiles may be examined during normal working hours by appointment,
invoice is provided to the agency. A Vendor Ombudsman has been established within the
Department of Banking and Finance. The duties of this individual include acting as an advocate
Proposal tabulations will not be provided by telephone.
of vendors who play be experiencing problems in obtaining timely payment(s) from a State
4. PRICES, TERMS AND PAYMENT: Firm prices shall be proposed and include all
agency. 1'he Vendor Ombudsman may be contacted a (550) 488-2924 or by calling the State
services rendered to the purchaser.
Comptroller's Hotline, 1-800-848-3792. State Purchasing shall review the conditions and
circumstances surrounding non-payment, and unless there is a bona lade dispute. State
(a) TAXES: T he State of Florida does not pay Federal Excise and Sales taxes on direct
Purchasing may, in writing, authorize the contract supplier to reject and return purchase orders
purchases of services. See tax exemption number on face of purchase
from said agency until such time as the agency complies with the provisions of Section 215.422. F.S.
order. This exemption does not apply to purchases of services in the performance of contracts
for the improvement of state-owned real property as defined in Chapter 192, F. S.
(e) ANNUAL APPROPRIATIONS: The State of Florida's performance and obligation to
pay under this contract is contingent upon an annual appropriation by the Legislature.
(b) DISCOUNTS: Cash discounts for prompt payment shall not be considered
in determining the lowest net cost for proposal evaluation purposes.
5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter
112, F.S. Proposers must disclose with their proposal the name of any officer, director, or agent
(C) MISTAKES: Proposers are expected to examine the conditions, scope of work, proposal
who is also an employee of the State of Florida, or any of its agencies. Further, all proposers must
prices, extensions, and all instructions pertaining to the services involved. Failure to do so
disclose the name of any State employee who owns, directly or indirectly, an interest of five (soh) or
will be at the proposer's risk. Unit prices bid will govern in award.
more in the proposer's firm or any of its branches. In accordance with Chapter 287, ES., no
person or firm receiving a contract that has not been procured pursuant to Section 287,057(2) or
(3), F.S., to perform a feasibility study of the potential implementation of a subsequent contract,
participating in the drafting of a request for proposals, or developing a program for future
implementation shall be eligible to contract with the agency for any contracts dealing with that
specific subject matter; and proposers must disclose with their proposal any such conflict of interest.
PUR 7033 Rev. 6/1198
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
ATTACHMENT E
FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2002
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 8 1/2" X 11 ", except any attached sketches, plans and maps which must be no
larger than 2' X 3' and folded into 8 %" 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 2:30 p.m., September 24, 2002 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2002 Proposal
Mayo Building - Room SB-8
Tallahassee, FL 32399-0800
Telephone (850) 488-7552
If you have any questions, please see ATTACHMENT L. "Division of Forestry District/Center Contacts"
PROPOSER INFORMATION (Please Print or Type)
Project Title: Southgate Boulevard Tree Canopy Enhancement
Proposer Name: _ City of Tamarac -
Name and Title of Contact Person: Kimberly Perron Special Pro'ects Coordinator
Address: 7525 NW 881h Avenue Tamarac FL
Zip: 33321 Phone: ( 954 1.718-3051
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No X
FEID Number 59-1039552
33
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
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: Jeffrey L. Miller
Title: CitV Manager
Signature:
Date:
34
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
GRANT PROGRAM INFORMATION
Specify Category 1, 2, 3, 4 OR 5 and designate the applicable subcategory ("General Information").
Category: 2 — Demonstration or Site Specific Pro"ects
Sub -Category: A — Demonstration tree/palm plantings on Public Property
SUMMARY OF COSTS (A 50/50 match on behalf of the proposer is required).
Requested Grant $ Local Match $
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs $ _ 12,850
Operating costs
Tree costs $ 10,000 _ 3 800
Overhead costs
Total Requested Grant ( I )
$
10,000
$
-0-
_
Total Matching Costs ( 11 )
$
-0-
$
1 0
Total Program Costs (III) $ 26 650
100%
Add columns I and II for total III (100%)
38 % Grant request 62 %Local Match
A budget detailing all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
This project is for Population Zone 1, Or statewide (circle one).
35
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
Please see ATTACHMENT K to determine the applicable region.
County Browa
Describe the Specific Location of the Project: The project is located on Southgate Boulevard
between Pine Island Road and Nob Hill Road.
Who has Maintenance Responsibility for the Property (Category 2 Grants)?
The Citv of Tamarac
Is the Land Ownership Public or Private?: Public
Name of the Landowner: City of Tamarac
Project Title:Southgate Boulevard Tree Canopy Enhancement _
Proposer Name: City of Tamarac
36
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
PROJECT DESCRIPTION
(two page limit)
Urban and Community Forestry Grant Proposal
The City of Tamarac, in Broward County, was incorporated in 1963 and has a
population of 56,047 (University of Florida, 2002). Tamarac is a mix of suburban, urban
and commercial interests that has experienced tremendous growth along with the rest of
South Florida. The City is rapidly approaching build -out and is currently 93% developed.
In 1996, the Broward County commissioned a study to examine the tree canopy within the
County. Countywide, the average tree canopy coverage was 16.5%. However, Tamarac
lagged the rest of the county with only 13% of tree canopy coverage. In response to this
study and with growing demand from our residents to preserve open space and beautify
public spaces, the City is undertaking several major projects to "green" the City. The City
has started a major park acquisition and enhancement program and an ambitious citywide
Street Improvement Project. The Street Improvement Project, started in 1999, aims to
resurface the City's streets as well as improve the landscaping and tree canopy along the
streets. By the end of 2002, the street resurfacing portion of the project will be nearly
complete and the landscaping and tree planting portions of the project will begin in
earnest.
This proposed project will address a one -mile section of roadway along Southgate
Boulevard between Pine Island Road and Nob Hill Road. Southgate Boulevard runs
adjacent to the South Florida Water Management District's C-14 canal. The area along
the roadway and canal is designated as a Broward County Greenway and shown in
Attachment A. This project will add trees and shrubs to the median. Attachment A
provides and aerial photograph of the area, photographs of the median, and a sketch of
the proposed project. The project will be managed by the Public Works Department under
the direction of the City's Landscape Supervisor. Project plans include planting 14 live
oaks, 18 Geiger trees, 7 Pink Tabebuias, 14 Mahoganies and 16 Royal Poncianas. Also,
in keeping with the City's landscaping theme, several hundred shrubs and understory
plants, St. Augustine sod will be planted and decorative pavers will be installed at the
ends of each of the medians.
This project supports Tamarac's Comprehensive Plan, which specifically
addresses improvements to the tree canopy and beautification of public spaces. The
City's philosophy on enhancing the tree canopy along roadways includes:
1. Enhancement and preservation of existing landscaping whenever possible.
2. Using a consistent landscaping theme throughout the City.
3. Following best practices such as "the right tree in the right place," and using
drought tolerant and native species.
4. Designing safe median plantings that ensure proper visibility is easily
maintained.
The City has been recognized for its efforts in improving our tree canopy by being
designated a Tree City USA. The City also publishes a free guide for homeowners
entitled "A Homeowners Guide to Proper Tree Care" to educate our residents and
encourage tree planting. Tamarac also formulated its own Master Landscape Plan which
is aligned with Broward County's Urban Forest Initiative. The Master Landscape Plan
emphasizes clearing exotic and invasive species and replacing them with native trees and
plants. This project, in concert with the City's other initiatives, will help improve the tree
canopy and ultimately help to beautify public spaces, decrease polluted storm water
runoff, and improve air and water quality.
37
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
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 213) 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 INELIGBLE ****
Cost Items
Quantity
W
Rate or Price
M
Grant Cost
M
Match Cost
M
Contractual
(Description)
NONE
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
W M M M
Personnel
(list titles or
positions)
NONE
Travel
NONE
39
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) M M M
Equipment
(list items)
NONE
40
PROPOSAL #RFP/DF-02/03-01
OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
(#)
M
M
M
Supplies*
(list items)
St. Augustine Sod
60 pallets
$ 115.00
$ 0.00
$ 6,900.00
Pavers
1400 sq. feet
$ 4.25
$ 0.00
$ 5,950.00
41
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) M M M
Operating Costs
(list)
NONE
42
PROPOSAL #RFP/DF-02103-01
OPENING DATE:
SEPTEMBER 24,
2002 @ 2:30 P.M.
Cost Items
Quantity
Rate or Price
Grant Cost
Match Cost
(#)
($)
($)
($)
Trees
(list species and
size)
Live Oak
4" caliper
14
$ 200.00
$ 2,800.00
$ 0.00
Geiger
1 '/2" caliper
18
$ 200.00
$ 3,600.00
$ 0.00
Pink Tabebuias
2" caliper
7
$ 200.00
$ 1,400.00
$ 0.00
Mahogany
4" caliper
14
$ 200.00
$ 2,200.00
$ 600.00
Royal Poinciana
2" caliper
16
$ 200.00
$ 0.00
$ 3,200.00
43
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
Overhead" None
Total $10,000.00 $16,650.00
Grant dollars may not be used to purchase food as supplies.
** Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds
may not be used for overhead costs.
44
Coral Springs
Margate Boat Ramp
City of Margate
Section A:
New Trailhead
Hampton Park
North Lauderdale
The C-14 Canal -Cypress
and achievable opportu
Broward County's wes
eastern beaches and
greenway would origin;
trailhead adjacent to th(
A pedestrian/bicycle ove
L + provide a crossing over
greenway to the east
improvements along t
between the Sawgrass
the City of Tamarac has
in this area.
East of University Drive,
link the greenway with 1
=Lauderdale and Coral Sp
3 is '.'_Drive, several spurs to the
Greenway Cross -Section
Crna 1
BROWARO COUNTY
Broward County Board of
County Commissioners:
Josephus Eggelletion Jr. Ben Graber Sue N. Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrorn Jr Jamf
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PROPOSAL #RFP/DF-02/03-01
Exhibit "A" TR 9893
OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
CHARLES H. BRONSON
COMKISSIONER
ATTACHMENT B
Florida Department of Agriculture and Consumer Services
Bureau of General Services
DRUG -FREE WORKPLACE PROGRAM - BIDDER
CERTIFICATION
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug- free workplace
programs. Whenever two or more bids which are equal with respect to price, quality, and service
are received by the State or by any political subdivision for the procurement of commodities or
contractual services, a bid received from a business that certifies that it has implemented a drug -
free workplace program shall be given preference in the award process. Established procedures
for processing tie bids will be followed if none of the tied vendors have a drug -free workplace
program. In order to have a drug -free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace. the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs. and the penalties that may be imposed upon employees
for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1)
4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid. the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance
law of the United States or any state. for a violation occurring in the workplace no later than
five (5) days after such conviction.
Impose a sanction on. or require the satisfactory oarticipation in a drua abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6, Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement. I certify that this firm complies fully with the above
requirements.
DACS-01218 10/00
VENDOR'S SIGNATURE
29
PROPOSAL #RFP/DF-02/03-01
Exhibit "A" TR 9893
OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
ATTACHMENT C
Page 1 of 2
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to deterrnne4he certification to which they are required to attest. Applicants
should also review the Instructions for certithcation Included in the regulations before o"oling this form. Signature of this form
providos for compliance with certrfication requirements under 34 CFR Part 82, 'Now Restrictions on Lobbying.' and 34 CFR Part 85.
'Government -wide Debarment and Suspension (Nonproarrement) and Government -wide Requirements for DWFree Worloace
(Grants) " The conificatrons shall be treated as a material representation of fad 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 it 34 CFR Part 82. for persons entering into e
grant or cooperative agreement over $100,000, as dehned at
34 CFR Pan 82, Sections 82.105 and 82 110, file applicant
certifies that
(a) No Federal appropriated funds have been paid of will be
paid, by or on behalf of the undersgned, to any person for
influencing of attempting to influence an officer or erlployse of
anv aciency, a Member of Congress, an officer or ern;:"ee cif
Congress. or an errrxovae of a Member of Congress in
d:nnadion with the making of any Federal grant, the entering
into of anv o0operative agreement, and the oxiens", (AnlrnlY
ation renewal amendment, or moxddicatxxh of any Federal
grant cr ax�peralive agreement,
(b) 11 any funds other than Federal appropriated funds have
been paid or will be paid to any person Ior influencing or
attempting to Influence an officer or erril of anv agency, a
Member c4 coxigress. an officer or employee of Congress. of
an empk)yee of a Member of Congress In connect.Kxl with trlls
FOrral grant or cocNrativa agreement. the undersigned snail
(sxnoela and submit Standard Form - LLL, "Disclosure Fcxm to
Rer xl Lobbying.' in ac(zxdancb with its instructions.
N,, The urxlorslgntwj snail recturre trial the language of this
ix.rtl(lC:alKxl be included In the award 0i,Pcuments tot all
suoaward' at all tiers rmdUdlrig subgrants. Qxltraps under
tyrant• aril tti+!t N3raliVe ,•}�re6nhenl] arK7 5ul?FS.4ltra ClSl aril
lea; all sllbfecipkents shall cnnity and oisdose a�axdinoo,
DEBARMENT, SUSPENSION, AND OTHER
RESPONS161LITY MATTERS
As rEK7uir9d by F.xecutrvo Order 12549. Debarment and
Susrc,nskn. and implemented at 34 CFR Pan 8b. ter prosriA:,
live participants in pnrriary cfware-d tfansacik7ris, as defined at
34 CFR part 85. Sections 85 105 and 85 110—
A The applicant (bndles that it and its principals
(a) Ara riot presently debarrtxi. suspended, proposed for
debarrrlenl, declared ineligible, or voluntarily excluded horn
(x.)vere l transactKxis by any Federal department or agency.
(b) Have not within a threw -year period preceding this appilca-
tiori been convicted d or had a avll judgement rendered
against them for axrrrnssion of fraud or a uirnnal offense in
connection with obtaining. attempting to obtain, or performing a
public (Federal, Slate, 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, or receiving slogan property:
(C) Are not presently indicted for or otherwise cnrrrnally Or civilly
charged by a "emmental entity (Federal. Stale. Or local) with
corrmsslon of any of the offenses enurrrerated in paragraph
(2)(b) of this certification: and
(d) Have not within a three-year period preceding IN, application
had one or more public transaction (Federal. State, or local)
termnated for cause or default: and
E. t"here the applicant is unable to certify to any Of the stale-
ments in this cerliltcation, he or she shall attach an
explanation to this application
3 DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUAL5)
As required by the Drug -Free Woroace Ad Of 1988. and
implemented at 34 CFR Part 85, Subpart F. for grantees, as
defined at 34 CFR part 85, S coons 85.605 and 85.610 -
A The applicant certifies that t will or will continua to provide a
drug -tree workplace by
a- Pubhshinn a statement notityirxt empinvees that the unlawful
r1wriutaclure. gislrlbutkxr disfx)nslrtg. possessionor use of a
c:xitrc*tt(t substanrin is rrnrtrt)Ite] in ine granter s wrrKF49ce and
Npcj C7lVing the 8(Y kJrIS Ina( will bFl laKeri against en[�lytlns tCr
v KAalkJ(t cj bucft proihibitkx:.
Establishing an tin-a.Mng drug-freo awareness rxrnram lu
inhxni ennkrveen abort
(1 i The dangers of drug abuse in the workolace,
(2) The grantee s poll(V of maintaining a drug -free workplace
r3 Arw avallable drug_ cxxrtaelinq, rnhabilllalk;n, arkJ empk)yee
assistance prcxgramts anC
(4: 1 he penalues that may be IMPOsed-Upon employees for drat)
abuse Vioialrons occurring In the workplace.
(c) Making it a requirement that each employee to be engaged in
the pertormenuo of the grant be given a copy of the statement
required by paragraph (a).
(d) Notlrying the employee in the statement required by para-
graph (a) that, as a dondluon of employment under the grant, the
ernpioyee will
(1) Abide by the terms of the statement, and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such aonvldion.
PROPOSAL #RFP/DF-02/03-01
Exhibit "A" TR 9893
OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notnc�q under subparagraph (d)(2) from an OMP10yee or
otherwise receiving actual notice Of such conviction. Employers
of convicted errplovaes must provide nice, including position
title, to: Director. Grants Policy and Oversight Staff. U.S Depart-
mont of Education. 4.00 Maryland Avenue, S.A. (Room 3652,
GSA Regional Office Building No 3), Washington, DC 20202-
4248 Notice shall Include the identification number($) of each
affected grant,
(t) Talbng one of the following actions, within 30 calendar days of
recervtng notice under subparagraph (d)(2), with respect to any
omployee who is so conVr(xed:
(1) Taking appropriate personnel action against such an anti•
ployee. up to and Including termination. Consistent with the
requirements of the Rehabilitation Act of 1973. as amended. of
(2) Roquinng such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved lot such
purposes by a Federal. State. or local health, law entcxcement, or
other appropriate agency.
(g) Making a good faith effort to continue to maintain a
drug-trea workplace through ImplerrrenlatrOn of paragraphs
(a). (b), (c), (d). (e), and (f).
B i he grantee may insert In the space provided below the Site($)
for the performance of worK done In a xcrteclion with the specific
grant
Flaor+ca Pert,xrnance (Street address City. Countystate, zip
G{1"' 7525 NW 88th Avenue
Tamarac, FL 33321
Ciie,t 1 it there are worKfNaCDeti on lile trial are rr[X identitied
here
Page 2 of 2
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Wonosce Act of 1988. and
implemented at 34 CFR Part 8s. Subpart F, for grantees, as
defined at 34 CFR Part 85, Sections 85.605 and 85.610-
A. As a condition of the grant, I certify that I will not engage to the
unlawful manufacture, distribution. dispensing, possession, or
use of a controlled substance in conducting any activity with the
grant; and
B. It convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I will
report the conviction, to 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 Ofhoa Building No. 3), Washinrnon, DC
20202-4248. Notice shall include the identification num Der(s) of
each affected grant
Ati ihr duly aulrl(Nrzed representative of the IpIAlcant, I hereby Cerhry that the applicant will amply with the above Ceftthcalrorrs
NAM. OF APPLICANT PWA',NARD NUMBER AND I OR PROJECT NAME
City of Tamarac South ate B1
PRINTED NA1`0F AND TFfLE 01= AUTHORIZED REPRESENTATN'
Jeffrey L. Miller, City Maria er
SIGNATURE DATE
Septmber 20, 2002
12/98
ED 80-0013
31
Exhibit "A" TR 9893
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 a@ 2:30 P.M.
ATTACHMENT D
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONFLICT OF INTEREST STATEMENT
I, Jeffrey L. Miller
of City of Tamarac
as authorized representative
certify that no member of this firm
nor any person having interest in this firm has been awarded a contract by the Department of
Agiculture and Consumer Services on a non-competitive basis to:
(1) develop this Invitation To Bid (ITB) or Request for Proposal (RFP);
(2) perform a feasibilirti stud%' concerning the scope of work contained in this ITB/RFP:
(3,) develop a program similar to what is contained in this ITB/RFP.
\uthorized Kehresentaw e
September 20, 2002
Date
Bid Number
32
Exhibit "B" TR 9893
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
ATTACHMENT I
URBAN AND COMMUNITY FORESTRY GRANT
MAINTENANCE MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of 20
by and between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, an agency of the State of Florida, hereinafter called the Department and
hereinafter called the Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the principles of
urban and community forestry by granting funds to the Entity (Subrecipient) for the establishment of a
demonstration tree planting project as outlined in the Urban and Community Forestry grant application
Number and Grant Memorandum of Agreement (the Grant Agreement) attached
hereto as Exhibit "1" and by reference made a part hereof;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community
forestry grant for the improvements to the project property more particularly set forth in the Grant
Agreement;
WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as
described in the Grant Application);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and
setting forth the responsibilities of each party in maintaining the project; and
WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and
authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other
herein and in Exhibit "1 ", the Grant Memorandum of Agreement, the parties covenant and agree as
follows:
The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care
in accordance with the below listed Project Standards for the property at the following
location:
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties:
(a) All planting stock or replacement must be Florida Grade #1 or better.
(b) Proper watering and proper fertilization of all trees/plants.
(c) Keeping trees/plants as free as practicable from disease and harmful insects;
(d) Proper mulching of trees and/or planting beds;
(e) Keeping the premises free of weeds;
(f) Mowing and/or cutting grasses to the proper length;
(g) Proper pruning of all trees which includes; (1) removing dead or disease parts of trees or
(ii) pruning such parts thereof which present a hazard;
(h) Removing and replacing dead or diseased trees/plants in their entirety, or removing and
replacing those that fall below original Project Standards.
(i) Following the Planting and Maintenance Guidelines as included herein as Exhibit C.
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or
part of the project that falls below Project Standards. In the event any part or parts of the
CWs
Exhibit "B" TR 9893
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
project, including all plants, must be removed and replaced for whatever reason, then they
shall be replaced with the same grade, size and specification as provided in the original plans
for the project. Furthermore, the Entity (Subrecipient) shall keep litter removed from the
project area. The above named functions to be performed by the Entity (Subrecipient) shall
be subject to periodic inspections by the Department. It is the intent of the parties hereto that
except as otherwise provided in paragraphs 2 and 4 hereof, the Entity (Subrecipient) shall be
the owner of the planting and other installations included and stipulated in the grant
application comprising the project.
2. This Agreement may by terminated under any one of the following conditions:
(a) By the Department, if the Entity (Subrecipient) fails to perform its duties under this
Agreement or for refusal by the Entity (Subrecipient) to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with
this Agreement following reasonable written notice.
(b) By either party following sixty (60) calendar days written notice.
(c) By both parties following the complete execution by both parties of an agreement to
terminate this agreement.
3. The terms of this Agreement commence on the date of Certification of Acceptance and
continue for a period of three (3) years.
4. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the
Entity (Subrecipient) shall refund to the Department a pro -rated portion of the grant award
based upon the following schedule:
(a) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of
the grant award.
(b) If this agreement is terminated during the second year of this agreement, 50 percent of
the grant award.
(c) If this agreement is terminated during the third year of this agreement, 25 percent of the
grant award.
5. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees
that it shall indemnify and hold harmless the Department and all of the Department=s officers,
agents and employees from any claim, action, neglect or omission by the Entity (Subrecipient)
during the performance of the Agreements, whether direct or indirect, and whether any
person or property to which the Department or said parties may be subject, except that
neither the Entity (Subrecipient) nor any of its sub -contractors shall be liable under this
paragraph for damages arising out of injury or damage to persons or property directly caused
or resulting from the sole negligence of the Department or any of its officers, agents or
employees.
6. 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.
7. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or
in part without the expressed written consent of the Department.
MIA
Exhibit "B" TR 9893
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
8. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
9. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex
(FAX) or telegram:
If to the Department, addressed to Grants Coordinator, Forest Management Bureau, 3125
Conner Boulevard, Tallahassee, Florida 32399-1650 or at such other address the Department
may from time to time designate by written notice to the Entity (Subrecipient); and
If to the Entity (Subrecipient) addressed to:
or at such other address as the Entity (Subrecipient) from time to time designates by written
notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all mailed notices,
demands, requests and other instruments, or from the date telexed or faxed.
10. Time is of the essence of this agreement.
11. This contract, which disburses grants and aids appropriations, is subject to the requirements of
Section 216.347 Florida Statutes, and the Entity (Subrecipient) is therefore not allowed to expend
any funds received through this contract for the purpose of lobbying the Florida Legislature, the
Department, the Judicial Branch, or any other state agency.
This contract, which disburses grants and aids appropriations, is subject to the requirements of
Section 216.349, Florida Statutes, which are:
(1) The Department and the Comptroller before disbursing any funds must independently
ensure that the proposed expenditure is in accordance with all legal and regulatory
requirements and that this contract specifically prohibits the use of funds for the purpose
of lobbying the Legislature, the Department, the Judicial Branch or any state agency.
(2) If the Entity (Subrecipient) is a local government agency, non-profit organization, or not -for -
profit organization it shall: (1) for amounts $25,000 or less, have its head attest that it has
complied with grant provisions, (ii) for amounts greater than $25,000 but not more than
$100,000 have a grant -specific audit performed in accordance with the rules of the Auditor
General or have a statement prepared by an independent certified public accountant which
attests that the grant provisions have been complied with, (iii) for amounts greater than
$100,000 have a grant -specific audit performed in accordance with the rules of the Auditor
General, and (iv) have such audits, statements, or attestations filed with the Department
and the Auditor General.
Exhibit~ "B" TR 9893
PROPOSAL #RFP/DF-02/03-01 OPENING DATE: SEPTEMBER 24, 2002 @ 2:30 P.M.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and
year first above written.
STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Director, Division of Administration
Name of Entity (Subrecipient)
I1-YA
Title:
ATTEST:
(SEAL)
4']