R05-097
II
1 RESOLUTION R05- 0<=11
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
5 AUTHORIZING AND DIRECTING THE CITY MANAGER TO
6 EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED
7 WITH THE URBAN AND COMMUNITY FORESTRY GRANT
8 TO REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
9 REPLACING TREES AT BOYNTON MEMORIAL PARK
10 WHICH WERE SEVERL Y DAMAGED BY THE HURRICANE;
11 AND PROVIDING AN EFFECTIVE DATE.
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14 WHEREAS, in response to the 2004 hurricanes, Congress passed legislation to
15 provide the US Forest Service with grant funds to mitigate the effect of the recent hurricanes
16 and for urban tree management activities; and
17 WHEREAS, the replacement of old damaged trees in the cemetery will help with
18 appearance, as well as root growth and potential encroachment on gravesites; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon
20 recommendation of staff, deems it to be in the best interest of the citizens of the City of
21 Boynton Beach to authorize the City Manager to apply for and execute agreements and
22 documents associated with the Urban and Community Forestry Grants program.
23 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, THAT:
Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
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27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
30 authorizes the City Manager to apply for and execute agreements and documents associated
S :\CA \RESO\Grants\ForemyJrant (Cemetery).doc
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with the Urban and Community Forestry grant to reimburse the City for costs associated with
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replacing trees that were severely damaged or destroyed by the 2004 hurricanes at Boynton
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Beach Memorial Park, a copy of said Agreement attached hereto.
Section 3:
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS AL day of June, 2005.
ATTEST:
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S:\CA\RESO\Grants\Forestry Grant (Cemetery).doc
CITY OF BOYNTON BEACH, FLORIDA
c~
Commissioner
05-0Q
Submit Bids to:
Florida Department of Agriculture and Consumer Services
407 South Calhoun Street - Mayo Building, Room SB-8
Tallahassee, FL 32399-0800
CHARLES H. BRONSON
COMMISSIONER
Telephone: (850) 487-3727
BIDS NO. RFP/DF-04/05-99
Page 1 of ~ Pages
AGENCY MAILING DATE:
May 4, 2005
WILL BE OPENED JUNE 30, 2005 @ 2:00 P.M.
and may not be withdrawn within 90 days after such date and time
BID TITLE:
NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT 8/1/2005
2005 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 I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal
including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that
if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action
it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities
or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the
purchasing agency tenders final payment to the Proposer.
GENERAL INSTRUCTIONS TO RESPONDENTS
1. Definitions. The definitions found in s. 60A-1.001, FAC. shall
apply to this agreement. The following additional terms are also
defined:
(a) "Buyer" means the entity that has released the solicitation.
(b) "Procurement Officer" means the Buyer's contracting personnel,
as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the
Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent in
answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in
the Introductory Materials.
2. General Instructions. Potential respondents to the solicitation are
encouraged to carefully review all the materials contained herein and
prepare responses accordingly.
"3. Electronic Submission of Responses. Respondents are required
to submit responses electronically. For this purpose, all references
herein to signatures, signing requirements, or other required
acknowledgments hereby include electronic signature by means of
clicking the "Submit Response" button (or other similar symbol or
process) attached to or logically associated with the response created
by the respondent within MyFloridaMarketPlace. The respondent
agrees that the action of electronically submitting its response
constitutes:
an electronic signature on the response, generally,
an electronic signature on any form or section specifically calling
for a signature, and
an affirmative agreement to any statement contained in the
solicitation that requires a definite confirmation or
acknowledgement.
4. Terms and Conditions. All responses are subject to the terms of the
following sections of this solicitation, which, in case of conflict, shall
have the order of precedence listed:
Technical Specifications,
Special Conditions,
Instructions to Respondents (PUR 1001),
General Conditions (PUR 1000), and
Introductory Materials.
The Buyer objects to and shall not consider any additional terms or
conditions submitted by a respondent, including any appearing in
documents attached as part of a respondent's response. In
submitting its response, a respondent agrees that any additional terms
or conditions, whether submitted intentionally or inadvertently, shall
have no force or effect. Failure to comply with terms and conditions,
including those specifying information that must be submitted with a
response, shall be grounds for rejecting a response.
"5. Questions. Respondents shall address all questions regarding this
solicitation to the Procurement Officer. Questions must be submitted
via the Q&A Board within MyFloridaMarketPlace and must be
RECEIVED NO LATER THAN the time and date reflected on the
Timeline. Questions shall be answered in accordance with the
Timeline. All questions submitted shall be published and answered
in a manner that all respondents will be able to view. Respondents
shall not contact any other employee of the Buyer or the State for
information with respect to this solicitation. Each respondent is
responsible for monitoring the MyFloridaMarketPlace site for new or
changing information. The Buyer shall not be bound by any verbal
information or by any written information that is not contained within
the solicitation documents or formally noticed and issued by the
Buyer's contracting personnel. Questions to the Procurement Officer
6.
or to any Buyer personnel shall not constitute formal protest of the
specifications or of the solicitation, a process addressed in paragraph
19 of these Instructions.
Conflict of Interest. This solicitation is subject to chapter 112 of the
Florida Statutes. Respondents shall disclose with their response the
name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of
any State employee who owns, directly or indirectly, an interest of five
percent (5%) or more in the respondent or its affiliates.
Convicted Vendors. A person or affiliate placed on the convicted
vendor list following a conviction for a public entity crime is prohibited
from doing any of the following for a period of 36 months from the date
of being placed on the convicted vendor list:
submitting a bid on a contract to provide any goods or services
to a public entity;
submitting a bid on a contract with a public entity for the
construction or repair of a public building or public work;
submitting bids on leases of real property to a public entity;
being awarded or performing work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and
transacting business with any public entity in excess of the
Category Two threshold amount ($25,000) provided in section
287.017 of the Florida Statutes.
Discriminatory Vendors. An entity or affiliate placed on the
discriminatory vendor list pursuant to section 287.134 of the Florida
Statutes may not:
submit a bid on a contract to provide any goods or services to a
public entity;
submit a bid on a contract with a public entity for the construction
or repair of a public building or public work;
submit bids on leases of real property to a public entity;
be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with any public entity;
or
transact business with any public entity.
Respondent's Representation and Authorization. In submitting a
response, each respondent understands, represents, and
acknowledges the following (if the respondent cannot so certify to any
of following, the respondent shall submit with its response a written
explanation of why it cannot do so).
The respondent is not currently under suspension or debarment
by the State or any other governmental authority.
To the best of the knowledge ofthe person signing the response,
the respondent, its affiliates, subsidiaries, directors, officers, and
employees are not currently under investigation by any
govemmental 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 lea) ofthe 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.
7.
8.
9.
Neither the respondent nor any person associated with it in the
capacity of owner, partner, director, officer, principal, investigator,
project director, manager, auditor, or position involving the
administration of federal funds:
o Has within the preceding three years been convicted of or
had a civil judgment rendered against them or is presently
indicted for or otherwise criminally or civilly charged for:
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal,
state, or local government transaction or public contract;
violation of federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or
receiving stolen property; or
o Has within a three-year period preceding this certification
had one or more federal, state, or local government
contracts terminated for cause or default.
The product offered by the respondent will conform to the
specifications without exception.
The respondent has read and understands the Contract terms
and conditions, and the submission is made in conformance with
those terms and conditions.
If an award is made to the respondent, the respondent agrees
that it intends to be legally bound to the Contract that is formed
with the State.
The respondent has made a diligent inquiry of its employees and
agents responsible for preparing, approving, or submitting the
response, and has been advised by each of them that he or she
has not participated in any communication, consultation,
discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations
made in the response.
The respondent shall indemnify, defend, and hold harmless the
Buyer and its employees against any cost, damage, or expense
which may be incurred or be caused by any error in the
respondent's preparation of its bid.
All information provided by, and representations made by, the
respondent are material and important and will be relied upon by
the Buyer in awarding the Contract. Any misstatement shall be
treated as fraudulent concealment from the Buyer of the true
facts relating to submission of the bid. A misrepresentation shall
be punishable under law, including, but not limited to, Chapter
817 of the Florida Statutes.
10. 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 fumished 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
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electronically post a notice of intended award at
http://fcn.state.fl.us/owa_vbs/owalvbs_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. Finn Response. The Buyer may make an award within sixty (60)
days after the date of the opening, during which period responses
shall remain firm and shall not be withdrawn. If award is not made
within sixty (60) days, the response shall remain firm until either the
Buyer awards the Contract or the Buyer receives from the respondent
written notice that the response is withdrawn. Any response that
expresses a shorter duration may, in the Buyer's sole discretion, be
accepted or rejected.
14. 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.
15. Minor IrregularitleslRlght 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.
16. Contract Fonnatlon. 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.
17. Contract Overlap. Respondents shall identify any products covered
by this solicitation that they are currenUy authorized to fumish 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 ofthe 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 conceming this solicitation shall be made in
accordance with sections 120.57(3) and 287.042(2) of the Florida
Statutes and chapter 28-110 of the Florida Administrative Code.
Questions to the Procurement Officer shall not constitute formal notice
of a protest. It is the Buyer's intent to ensure that specifications are
written to obtain the best value for the State and that specifications are
written to ensure competitiveness, fairness, necessity and
reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code
require that a notice of protest of the solicitation documents shall be
made within seventy-two hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be
included in the solicitation: "Failure to file a protest within the time
prescribed in section 120.57(3), Florida Statutes, shall constitute a
waiver of proceedings under chapter 120, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following
statement to be included in the solicitation: "Failure to file a protest
within the time prescribed in Section 120.57(3), Florida Statutes, or
failure to post the bond or other security required by law within the
time allowed for filing a bond shall constitute a waiver of proceedings
under Chapter 120, Florida Statutes."
DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT.
DOES NOT APPL Y TO THIS AGENCY. PLEASE REFER TO
SPECIAL CONDITIONS IN THE BID DOCUMENT.
(PUR 1001 - 6OA-1.002(7), F AC.)
1.
GENERAL CONTRACT CONDITIONS
3.
Product Version. Purchase orders shall be deemed to reference a
manufacturer's most recently release model or version of the product
at the time of the order, unless the Customer specifically requests in
writing an earlier model or version and the contractor is willing to
provide such model or version.
Price Changes Applicable only to Tenn Contracts. If this is a term
contract for commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional
discounts for one time delivery of large single orders. Customers
should seek to negotiate additional price concessions on quantity
purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer
becomes aware of better pricing offered by the Contractor for
substantially the same or a smaller quantity of a product outside
the Contract, but upon the same or similar terms of the Contract,
then at the discretion of the Customer the price under the
Contract shall be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the
balance of the Contract term due to a change in market
conditions, a Contractor may conduct sales promotions involving
price reductions for a specified lesser period. A Contractor shall
submit to the Contract Specialist documentation identifying the
proposed (1) starting and ending dates of the promotion, (2)
products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all
Customers. Upon approval, the Contractor shall provide
conspicuous notice of the promotion.
Definitions. The definitions contained in s. 60A-1.001, FAC. shall
apply to this agreement. The following additional terms are also
defined:
2.
(a) 'Contract" means the legally enforceable agreement that results
from a successful solicitation. The parties to the Contract will be
the Customer and Contractor.
(b) 'Customer" means the State agency or other entity that will order
products directly from the Contractor under the Contract.
(c) 'producr 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.
4.
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(d) Trade-In. Customers may trade-in equipment when making
purchases from the Contract. A trade-in shall be negotiated
between the Customer and the Contractor. Customers are
obligated to actively seek current fair market value when trading
equipment, and to keep accurate records of the process. For
State agencies, it may be necessary to provide documentation
to the Department of Financial Services and to the agency
property custodian pursuant to Chapter 273, F.S.
(e) Equitable Adlustment 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.
5. 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.
6. Packaging. Tangible product shall be securely and property packed
for shipment, storage, and stocking in appropriate, clearty 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.
7. 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.
8. 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.
9. 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 andlor
National Electrical Manufacturers' Association for electrically operated
assemblies; and the American Gas Association for gas-operated
assemblies. In addition, all items furnished shall meet all applicable
requirements of the Occupational Safety and Health Act and state and
federal requirements relating to clean air and water pollution.
10. Americans with Disabilities Act Contractors should identify any
products that may be used or adapted for use by visually, hearing, or
other physically impaired individuals.
11. Literature. Upon request, the Contractor shall furnish literature
reasonably related to the product offered, for example, user manuals,
price schedules, catalogs, descriptive brochures, etc.
12. Transportation and Delivery. Prices shall include all charges for
packing, handling, freight, distribution, and inside delivery.
Transportation of goods shall be FOB Destination to any point within
thirty (30) days after the Customer places an Order. A Contractor,
within five (5) days after receiving a purchase order, shall notify the
Customer of any potential delivery delays. Evidence of inability or
intentional delays shall be cause for Contract cancellation and
Contractor suspension.
13. 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
clearty and separately identify any additional installation charges. All
materials used in the installation shall be of good quality and shall be
free of defects that would diminish the appearance of the product or
render it structurally or operationally unsound. Installation includes the
furnishing of any equipment, rigging, and materials required to install
or replace the product in the proper location. Contractor shall protect
the site from damage and shall repair damages or injury caused
during installation by Contractor or its employees or agents. If any
alteration, dismantling, excavation, etc., is required to achieve
installation, the Contractor shall promptly restore the structure or site
to its original condition. Contractor shall perform installation work so
as to cause the least inconvenience and interference with Customers
and with proper consideration of others on site. Upon completion of
the installation, the location and surrounding area of work shall be left
clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
14. 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.
*15. 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 6OA-
1.032, FAC.
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 AC. 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 retumed
to the Contractor through no fault, act, or omission of the Contractor.
Notwithstanding the foregoing, a Transaction Fee is non-refundable
when an item is rejected or returned, or declined, due to the
Contractor's failure to perform or comply with specifications or
requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for
declaring the Contractor in default and recovering reprocurement
costs from the Contractor in addition to all outstanding fees.
CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES
SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS
WITH THE STATE.
16. Invoicing and Payment. Invoices shall contain the Contract number,
purchase order number, and the appropriate vendor identification
number. The State may require any other information from the
Contractor that the State deems necessary to verify any purchase
order placed under the Contract. At the State's option, Contractors
may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices
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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 ofthe Florida Statutes, which govem time limits for payment
of invoices. Invoices that must be retumed 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 aboutthe 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, or other authorized State official, the Contractor shall provide
any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include,
but shall not be limited to, the Contractor's business or financial
records, documents, or files of any type or form that refer to or relate
to the Contract. The Contractor shall retain such records for the
longer of (1) three years after the expiration of the Contract or (2) the
period required by the General Records Schedules maintained by the
Florida Department of State (available at:
http://dlis.dos.state.f1.uslbarmlgenscheduleslgensched.htm). The
Contractor agrees to reimburse the State for the reasonable costs of
investigation incurred by the Inspector General or other authorized
State official for investigations of the Contractor's compliance with the
terms of this or any other agreement between the Contractor and the
State which results in the suspension or debarment of the Contractor.
Such costs shall include, but shall not be limited to: salaries of
investigators, including overtime; travel and lodging expenses; and
expert witness and documentary fees. The Contractor shall not be
responsible for any costs of investigations that do not result in the
Contractor's suspension or debarment.
20. Indemnification. The Contractor shall be fully liable for the actions
of its agents, employees, partners, or subcontractors and shall fully
indemnify, defend, and hold harmless the State and Customers, and
their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attomeys' fees,
arising from or relating to personal injury and damage to real or
personal tangible property alleged to be caused in whole or in part by
Contractor, its agents, employees, partners, or subcontractors,
provided, however, that the Contractor shall not indemnify for that
portion of any loss or damages proximately caused by the negligent
act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold
harmless the State and Customers from any suits, actions, damages,
and costs of every name and description, including attorneys' fees,
arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided,
however, that the foregoing obligation shall not apply to a Customer's
misuse or modification of Contractor's products or a Customer's
operation or use of Contractor's products in a manner not
contemplated by the Contract or the purchase order. If any product is
the subject of an infringement suit, or in the Contractor's opinion is
likely to become the subject of such a suit, the Contractor may at its
sole expense procure for the Customer the right to continue using the
product or to modify it to become non-infringing. If the Contractor is
not reasonably able to modify or otherwise secure the Customer the
right to continue using the product, the Contractor shall remove the
product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for
any royalties.
The Contractor's obligations under the preceding two paragraphs with
respect to any legal action are contingent upon the State or Customer
giving the Contractor (1) written notice of any action or threatened
action, (2) the opportunity to take over and settle or defend any such
action at Contractor's sole expense, and (3) assistance in defending
the action at Contractor's sole expense. The Contractor shall not be
liable for any cost, expense, or compromise incurred or made by the
State or Customer in any legal action without the Contractor's prior
written consent, which shall not be unreasonably withheld.
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, at which time activity shall resume, or (2) terminate the Contract.
Suspension of work shall not entitle the Contractor to any additional
compensation.
23. Termination for Convenience. The Customer, by written notice to
the Contractor, may terminate the Contract in whole or in part when
the Customer determines in its sole discretion that it is in the State's
interest to do so. The Contractor shall not fumish any product after it
receives the notice of termination, except as necessary to complete
the continued portion of the Contract, if any. The Contractor shall not
be entitled to recover any cancellation charges or lost profits.
24. Termination for Cause. The Customer may terminate the Contract
if the Contractor fails to (1 ) deliver the product within the time specified
in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the
Contract, or (4) abide by any statutory, regulatory, or licensing
requirement. Rule 60A-1.006(3), FAC., governs the procedure and
consequences of default. The Contractor shall continue work on any
5
25.
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 Contra~or 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 ~ny of the foregoing that affect subcontractors or suppliers if no
altemate 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 oftime, 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,. indir~ct,
consequential, impact or other costs, expenses or damages, Including
but not limited to costs of acceleration or inefficiency, arising because
of delay, disruption, interference, or hindrance from any cause
whatsoever. If performance is suspended or delayed, in whole or in
part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no
increased cost, unless the Customer determines, in its sole discretion,
that the delay will significantly impair the value of the Contract to the
State or to Customers, in which case the Customer may (1) accept
allocated performance or deliveries from the Contractor, provided that
the Contractor grants preferential treatment to Customers with respect
to products subjected to allocation, or (2) purchase from other sources
(without recourse to and by the Contractor for the related costs and
expenses) to replace all or part of the products that are the subject of
the delay, which purchases may be deducted from the Contract
quantity, or (3) terminate the Contract in whole or in part.
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 ge.neral
scope of the Contract. The Customer may make an eqUitable
adjustment in the Contract price or delivery. date if tt:'e change affe~
the cost or time of performance. Such equitable adjustments reqUire
the written consent of the Contractor, which shall not be unreasonably
withheld. If unusual quantity requirements arise, the Customer may
solicit separate bids to satisfy them.
Renewal. Upon mutual agreement, the Customer and the Contractor
may renew the Contract, in whole or in part, for a period that may not
exceed 3 years or the term of the contract, whichever period is longer.
Any renewal shall specify the renewal price, as set forth in the
solicitation response. The renewal must be in writing and signed by
both parties, and is contingent upon satisfactory performance
evaluations and subject to availability of funds.
Advertising. Subject to Chapter 119, Florida Statutes, the Contractor
shall not publicly disseminate any information conceming the Contract
without prior written approval from the Customer, including, but not
26.
27.
28.
29.
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 Custom,er
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.
Assignment. The Contractor shall not sell, assign or transfer any of
its rights, duties or obligations under the Contract,. or under a.ny
purchase order issued pursuant to the Contract, without the pnor
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 Custo~er expressly walv~s
such secondary liability. The Customer may assign the Contract With
prior written notice to Contractor of its intent to do so.
Dispute Resolution. Any dispute conceming performance of the
Contract shall be decided by the Customer's designated contract
manager, who shall reduce the decision to writing and serv~ 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, thatthe 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.
Employees, Subcontractors, and Agents. All Contractor
employees, subcontractors, or agents performing work under the
Contract shall be properly trained technicians who meet or exceed any
specified training qualifications. Upon request, Contract~r s~all
furnish a copy of technical certification or other proof of qualification.
All employees, subcontractors, or agents performing work under the
Contract must comply with all security and administrative requirements
of the Customer. The State may conduct, and the Contractor shall
cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent fumished by the Contractor. The
State may refuse access to, or require replacement of, any personnel
for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-
compliance with a Customer's security or other requirements. Such
approval shall not relieve the Contractor of its obligation to perform all
work in compliance with the Contract. The State may reject and bar
from any facility for cause any of the Contractor's employees,
subcontractors, or agents.
Security and Confidentiality. The Contractor shall comply fully with
all security procedures of the 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 ~o,
security procedures, business operations information, or commerCIal
proprietary information in the possession of the State. or. Custom,er.
The Contractor shall not be required to keep confidential information
or material that is publicly available through no fault of the Contractor,
material that the Contractor developed independently without relying
on the State's or Customer's confidential information, or material that
is otherwise obtainable under State law as a public record. To insure
confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the Contract.
Contractor Employees, Subcontractors, and Other Agents. The
Customer and the State shall take all actions necessary to ensure that
Contractor's employees, subcontractors and other agents are not
employees of the State of Florida. Such actions include, but are not
limited to, ensuring that Contractor's employees, subcontractors, and
other agents receive benefits and necessary insurance (health,
workers' compensations, and unemployment) from an employer other
30.
31.
32.
33.
6
BID NUMBER: RFP/DF-04/05-99
than the State of Florida.
34. Insurance Requirements. During the Contract term, the Contractor
at its sole expense shall provide commercial insurance of such a type
and with such terms and limits as may be reasonably associated with
the Contract. Providing and maintaining adequate insurance
coverage is a material obligation of the Contractor. Upon request, the
Contractor shall provide certificate of insurance. The limits of coverage
under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor's liability and obligations under
the Contract. All insurance policies shall be through insurers
authorized or eligible to write policies in Florida.
35. Warranty of Authority. Each person signing the Contract warrants
that he or she is duly authorized to do so and to bind the respective
party to the Contract.
36. Warranty of Ability to Perform. The Contractor warrants that, to the
best of its knowledge, there is no pending or threatened action,
proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's
ability to satisfy its Contract obligations. The Contractor warrants that
neither it nor any affiliate is currently on the convicted vendor list
maintained pursuant to section 287.133 of the Florida Statutes, or on
any similar list maintained by any other state or the federal
government. The Contractor shall immediately notify the Customer in
writing if its ability to perform is compromised in any manner during the
term of the Contract.
37. Notices. All notices required under the Contract shall be delivered by
certified mail, retum receipt requested, by reputable air courier
service, or by personal delivery to the agency designee identified in
the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs
the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice.
38. Leases and Installment Purchases. Prior approval of the Chief
Financial Officer (as defined in Section 17.001, F.S.) is required for
State agencies to enter into or to extend any lease or installment-
purchase agreement in excess of the Category Two amount
established by section 287.017 of the Florida Statutes.
39. Prison Rehabilitative Industries and Diversified Enterprises, Inc.
(PRIDE). Section 946.515(2), F.S. requires the following statement to
be included in the solicitation: "It is expressly understood and agreed
that any articles which are the subject of, or required to carry out, the
Contract shall be purchased from the corporation identified under
Chapter 946 of the Florida Statutes (PRIDE) in the same manner and
under the same procedures set forth in section 946.515(2) and (4) of
the Florida Statutes; and for purposes of the Contract the person, firm,
or other business entity carrying out the provisions of the Contract
shall be deemed to be substituted for the agency insofar as dealings
with such corporation are concerned." Additional information about
PRIDE and the products it offers is available at http://www.pridefl.com.
40. Products Available from the Blind or Other Handicapped. Section
413.036(3), F.S. requires the following statementto 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: JUNE 30, 2005 @ 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 concemed." 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 ofthe 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 fumished 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 goveming laws, and
subject to the agreement of the Contractor, other entities may be
permitted to make purchases at the terms and conditions contained
herein. Non-Customer purchases are independent of the agreement
between Customer and Contractor, and Customer shall not be a party
to any transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are
required to follow the provisions of s. 287 .042(16)(a), F.S. This statute
requires the Department of Management Services to determine that
the requestor's use of the contract is cost-effective and in the best
interest of the State.
43. Waiver. The delay or failure by the Customer to exercise or enforce
any of its rights under this Contract shall not constitute or be deemed
a waiver of the Customer's right thereafter to enforce those rights, nor
shall any single or partial exercise of any such right preclude any other
or further exercise thereof or the exercise of any other right.
44. Annual Appropriations. The State's performance and obligation to
pay under this contract are contingent upon an annual appropriation
by the Legislature.
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 60A-1.002(7), FAC., a Customer
may attach additional contractual and technical terms and conditions.
These "special conditions" shall take precedence over this form PU R
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 APPL Y TO THIS AGENCY.
(PUR 1000 - 6OA-1.002(7), F.A.C.)
7
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 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 1-8) is completed and signed.
3. A complete address for the Proposer in the space provided (include street address or
post office box, city, zip code and telephone number.) Please note: All future
correspondence will be sent to the contact person listed on your proposal.
4. In all instances where a local government's jurisdiction is impacted by the grant project,
a resolution (by the local government) indicating support for the project must be
submitted with the Grant Proposal Packet (Attachment G).
5. For Site Specific Projects, a resolution from the responsible governing body must be
submitted with the Grant Proposal Packet, indicating that they will execute a
Maintenance Memorandum of Agreement with the Department of Agriculture.
6. Documentation of costs incurred and photographs before the completion of Site
Specific Projects, as well as after completion for projects implemented since October
13, 2004. This documentation needs to be submitted as evidence that storm damage
has occurred for site specific projects, where applicable. Documentation should also
indicate what costs have already been reimbursed, and by what agency.
7. For site specific projects along roadways, please provide on page 2 of the Proposal
form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated
by a slash (I), if both exist. If only one exists, please circle either "U.S." or "S.R." to
indicate which numbers you are giving.
8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform
landscape architectural services not for compensation, or in their capacity as
employees of municipal or county governments, shall not be required to be licensed...."
This means that if the required design is completed by an unpaid volunteer or an
employee of municipal or county government, a Florida registered architect does not
have to sign and seal the drawings.
9. Conflict of Interest Statement (Attachment B) is completed and signed.
10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed
in blue ink. Detailed itemized budget summary (Attachment E) is completed.
11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug Free Workplace Requirements (Attachment C) is completed and
signed.
12. One (1) copy with original signature and five (5) copies of the proposal package have
been submitted.
8
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
REQUEST FOR PROPOSAL
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
INSTRUCTIONS TO PROPOSERS
Each Proposer must complete/provide the following to be considered:
HOW TO SUBMIT A PROPOSAL
Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000 Instructions to
Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the
address, the face of the envelope shall be marked with the date and time of the proposal opening and the
proposal number.
1. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one
original and five copies) of the proposal including all attachments.
a. These should be printed/copied on one side only and must not exceed forty (40) pages, including
attachments.
b. All attachments must be folded to a size not to exceed 8 1/2" X 11".
c. All proposals must be complete and bound by binder clip or staple NO rubber bands, binders of any
kind, folders or envelopes.
d. All signatures on the "original" must be in blue ink.
e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2,
proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal.
2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions Complete, date
and obtain a signature from the individual who is legally authorized to approve submittal of the proposal.
Failure to return a signed form will cause the proposal to be ruled ineligible.
3. Conflict of Interest Statement (Attachment B) must be completed and signed.
4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug
free Workplace Requirements (Attachment C) must be completed and signed.
5. Grant Proposal Form (Attachment D) Proposers must use this form. It must not be altered in format or
content. This form must be completed in its entirety; the first two pages and the project description (two
page maximum, minimum 12 font), and a detailed budget.
The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals
will cause the proposal to be ruled ineligible.
6. Budget (Attachment E) Must be completed in detail.
9
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
TABLE OF CONTENTS
Request for Proposal Form 1001/1000 Instructions to Respondent's and General Contract Conditions
Special Terms, Conditions, Specifications
Attachment A Notification of Vendor Ombudsman's Name and Telephone Number
Attachment B Conflict of Interest Statement
Attachment C Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility
Matters; and Drug Free Workplace Requirements
Attachment D Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative
Format/Evaluation Form)
Attachment E Budget
Attachment F Example Emergency Hurricane Supplemental U&CF Grant Proposal
Attachment G Example Emergency Hurricane Supplemental U&CF Grant Resolution
Attachment H Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA)
Attachment I Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of
Agreement (MMOA)
Attachment J Division of Forestry Local Contacts
10
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
REQUEST FOR PROPOSAL
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF FORESTRY
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS
INTRODUCTION
During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3),
Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component
of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities
were impacted by hurricane force winds, in some cases on three separate occasions.
The loss of tree cover in these communities has created negative economic, ecological, and aesthetic
consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery
costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded
air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to
surviving urban trees need to be made to improve their health and reduce damage from future storms. Local
community leaders and the general public also need to learn more about how their urban trees benefit their
community, from an economic, social, and environment standpoint. They also need to learn how to properly
select, plant and care for trees to minimize resulting future storm damage.
To address the situation, the USDA Forest Service requested emergency funding from Congress to help
impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for
this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL 108 324). This legislation provides disaster assistance to "...mitigate the effect of recent
hurricanes and other weather related events."
PURPOSE
The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program
is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban
areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer
groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to
receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on
county or municipally owned lands, including parks or natural areas, as well as highway and street rights of
way not maintained by the Federal government. Private homeowners may also receive replacement trees
through sponsoring government or non-profit entities.
Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities
are eligible to receive funding, with the most heavily impacted communities receiving the highest priority.
Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds
($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2
million) allocated for arboricultural, inventory, and assessment projects.
More specifically, the FDACS, Division of Forestry is requesting proposals for grants to:
· Conduct inventories of trees in public areas, and assess the condition of individual trees.
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BID NUMBER: RFP/DF-04/05-99
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. Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas
where they would serve as wind buffers in the event of future storms.
. Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes.
. Replace exotic, over mature, and weak rooted trees with more wind resistant species.
. Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004.
. Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and
improve the wind resistance and overall health of surviving trees.
. Implement educational programs to improve the understanding of citizens and local officials of the
benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens
and officials to take measures in advance to minimize storm damage from trees and react decisively
when storms occur.
SCOPE
The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to
provide funding to states for grants to communities in support of their urban forestry programs. Florida
Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter
referred to as FDACS or Department) to cooperate with local governments to promote the planting and
protection of trees to improve the beauty and livability of urban environments within the State of Florida.
DEFINITIONS
For the purpose of this Request for Proposal (RFP):
1. "Applicant" means a local government, a Native American Tribal Government, a legally organized
nonprofit organization or an educational institution submitting a proposal for federal funds under this grant
program.
2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil
characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting
site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or
breakage during storms.
3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her
designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida
Statute 589.30.
4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit
organization or educational institution.
5. "Commissioner" means the Commissioner of Agriculture for the State of Florida.
6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an
agency of the State of Florida.
7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and
growing site improvement to minimize a tree's risk to life and property.
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BID NUMBER: RFP/DF-04/05-99
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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 filed an application with the Secretary of
State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been
issued a Federal Employer Identification Number by the Internal Revenue Service. This may include
homeowners associations, where the nature of their application is consistent with the eligibility limitations
of this grant program.
10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments
and supporting documentation not to exceed a total of 40 one sided pages, including maps and plans.
11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing
site improvement is to improve the long term health of trees.
12. "RFP" means Request for Proposal.
13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a
proposed planting site and make the site suitable for tree planting and growth.
14. "State Forester" means the Director of The Division of Forestry.
15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities
in more than one municipality of the state as determined by the Department.
16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to
coordinate implementation of the grant program.
17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the
qualifying proposals.
ELIGIBILITY REQUIREMENTS
1. Qualified applicants include legal nonprofit organizations, educational institutions, local government
entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or
more unincorporated population centers within their jurisdiction.
2. All communities in Florida are eligible to apply for grants.
3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for
funding under this grant, provided that adequate financial documentation and verifiable evidence of
successful completion exist.
4. Project expenditures for which the applicant has already received reimbursement from any other source
are not eligible for funding under this grant.
5. FEMA or other Federal funds can not be used to match funding received under this grant.
6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as
well as highway rights of way not maintained by the Federal government. Private homeowners may also
receive replacement trees through sponsoring government or non-profit entities that can be planted in
either residential yards or "common areas."
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. $75,000:
7. Total grant requests for each proposal are subject to the following maximum limits:
. $100,000:
. $125,000:
. $150,000:
. $175,000:
Communities of any size which received sustained tropical storm force winds from
one or more storms. Also, educational projects submitted by any Florida entities.
Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from one storm.
Communities with populations of less than 10,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at
least one tropical storm. Also, communities with populations of between 10,000 and
35,000, which received sustained Category 1 hurricane force winds from one storm.
Communities with populations of between 10,000 and 35,000, which received at
least sustained Category 1 hurricane force winds from at least two storms, or at least
one hurricane and at least one tropical storm. Also, communities with populations
greater than 35,000, which received at least sustained Category 1 hurricane force
winds from one storm.
Communities with populations greater than 35,000, which received at least sustained
Category 1 hurricane force winds from at least two storms, or one hurricane and at
least one tropical storm. Also, communities with populations of between 10,000 and
35,000 which experienced maximum sustained winds meeting Category 3 criteria.
The minimum grant award for educational projects is $2,000; $10,000 for other projects from government
entities; and $5,000 from non-profit or educational groups.
8. Applicants may submit and receive funding for more than one application if sufficient funds are available.
9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private
vendor to oversee the implementation of this grant.
10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the
implementation of this grant.
ELIGIBLE PRACTICES
The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be
carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights-
of-way maintained by non federal entities.
1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy
loss from storms, identify areas needing reforestation or new tree plantings, and provide background
information to develop a comprehensive urban forest recovery and management plan. Eligible expenses
include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary
staff to conduct the inventory, and any other costs associated with data collection or processing.
2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural
treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible
areas and costs are the same as above.
Grant applications for the above two practices need to include the following information:
a. A map of the area where the inventory or assessment will take place, including street locations.
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b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or
assessment in the selected area, the percentage of trees within that area that will be included, the data
that will be collected, how that data will be processed, and the desired results. The narrative should also
state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
3. Reforestation - This may include tree planting projects to achieve one of the following objectives:
a. Replacement of trees that were severely damaged or destroyed during the storms.
b. Replacement of either over mature trees, or exotic or wind susceptible species with more
appropriate species for the climate and the site.
c. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer the
impacts of future hurricanes.
4. Tree Planting Requirements:
a. Each project must include at least three tree species native to the area and suitable for the site and
objective.
b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or
equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized
by the Division of Forestry.
c. No multi stem trees may be planted under this program, with the exception of the following species:
River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or
Flatwoods Plum.
d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive
Species, on the internet at (www.f1eppc.org ), may not be planted as any part of this grant program.
e. Applicants should consult with various sources to avoid selecting tree species that have proven to
be especially susceptible to wind damage, either from wind throw at the ground level or from stem
breakage. Research is currently in progress to develop a standard species list for hurricane prone
areas.
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.
g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both
the cost-shared and the matched portion of the project.
h. The grant application may include up to $500.00 per planting site for site preparation costs directly
related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous
trees that have occupied the site. Site preparation costs which have already been reimbursed from
another source are not eligible; however, these costs may be applied to the grant match if the
reimbursement originated from a non federal source.
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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. The remaining
cost may be applied toward the match requirement.
2. Rental of equipment for site preparation or tree planting.
3. Labor costs.
k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering
during the 60 day grow in period only.
I. Proposals must include the following information:
1. A location map.
2. A minimum of three color photographs of the planting site.
3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing
structures, and site limitations such as underground utilities and overhead wires.
4. Written approval from the Florida Department of Transportation for planting and maintenance
on the State right of way.
5. A three (3) year maintenance plan to be carried out by the grant recipient at their expense.
Maintenance costs incurred after certification by the Division of Forestry are ineligible for
reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for
the project, must be signed by the grant recipient if awarded a grant.
6. A resolution by the managing agency of the property (if different from the applicant) which
states that they concur with the grant proposal and maintenance plan.
m. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the
processing of a final reimbursement. The proposal should state how the trees will be watered and
cared for during the grow in period.
n. Tree Plantings must follow established procedures for handling, placement, and maintenance.
Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional
guidance.
5. Exotic Vegetation Control in Community Parks and Natural Areas
This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's
Most Invasive Species (Category I and II), on the internet at (www.f1eppc.org ). Infestations of these
species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are
eligible for treatment under this program. Funding is available to cost share up to two treatments of an
infested area. Grant applications for this practice need to include the following information:
a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the
problem, and the proposed treatment regimen, including timing. The latter should be consistent with
standard recommendations for treating the species, as listed in publications produced by the
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University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest
Service. Before approval, the treatment will be subject to review. The narrative should also state
whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress.
b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if
available, should be included.
c. At least three photographs of the infested area which indicates the extent of the infestation.
6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees
The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate
immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was
performed immediately after a storm, improve the tree's wind resistance and overall health. Eligible
activities would include remedial pruning, righting and re staking, fertilization treatments, cabling and
bracing, or other related treatments. Grant applications for this practice need to include the following
information:
a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS
coordinates if available, should be included.
b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including
timing. The latter should be consistent with standard practices as described in the American
National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of
technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state
whether a vendor will perform the treatments, or if in house labor and equipment will be used, and
how the recipient will supervise the project while in progress. It is preferable that an ISA certified
arborist or a graduate forester from an accredited four year forestry program be involved in planning
and implementing the practice.
7. Providing Trees to Homeowners
Government entities or non-profit groups may receive grants to provide trees to private homeowners who
lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards,
neighborhood common areas (including those not publicly owned), or road rights of way (including those
not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher
program set up with local vendors. The project description submitted with the application needs to
include the following details:
a. A list of tree species that will be provided. At least three species, more if possible, need to be
included. All species need to be suitable for the local climate and site conditions. None can be
listed as invasive exotics, as described under the Reforestation section. Species suited for different
sized planting areas (small, medium, large) also need to be represented.
b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap,"
and between three and fifteen gallons in size, unless the sponsoring agency can make equipment
available to move and plant larger trees.
c. The 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.
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d. The publicity strategy that will be used to make potential recipients aware of the program. This could
include printed literature, PSA's, media contacts, advertisements, etc.
e. Literature that will be provided to homeowners to explain site location, preparation, species
selection, handling, planting techniques, and post planting care, in order to ensure good survival
and growth. Funding through this grant program can be used to either purchase, develop or
reproduce this literature.
Applicants can achieve the grant match for this activity through in house labor, materials and equipment,
volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees
that can be negotiated through the vendor.
8. Information and Education
This category is provided to make individual residents, community officials, and private vendors more
aware of urban forestry management practices that will reduce damage to trees from hurricanes and
tropical storms. Also, materials can address what steps to take immediately before and after a storm, how
to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the
value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of
tree damage resulting from storms.
Local governments, nonprofit organizations, and educational institutions are eligible to purchase or
produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for
distribution to the general public, or to cost share seminars and workshops related to Urban and
Community Forestry topics. The emphasis here is on providing information to the general public,
volunteer groups, technicians, tree workers, etc. (Le., Urban and Community Forestry technology
transfer).
A resolution or letter signed by the chief executive officer of the applicant is required which states that
they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a
Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not
eligible for grant funding in this category, but can be used as part of the match.
Eligible Activities:
a. Educational programs for the exhibition, purchase or development of materials for the benefit of
public education as described above.
b. WorkshopslTraining 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.
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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:
1. The proposal must contain all the requested information and be legible and understandable.
2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant
to execute agreements and documents associated with the grant request must be submitted as part of
the proposal.
3. A budget detailing all costs of the project must be submitted with the proposal.
4. For site specific projects which have already been completed, documentation of costs incurred and
photographs before (if possible) and atter the completion of the project must be included.
5. This documentation also needs to be submitted as evidence that storm damage has occurred for site
specific projects that have not yet been implemented, to the extent that it is available. Documentation
should also indicate what costs have already been reimbursed, and from what source.
6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant
program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture).
7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned
proposals will be ruled ineligible.
PROPOSAL EVALUATION CRITERIA
Once the submitted proposals have been reviewed and determined to be complete, they will be ranked
according to the following criteria:
1. The severity of the storm(s) that impacted the counties in which these communities are located, and the
number of hurricanes and/or tropical storms that impacted the county in which the community is located.
They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data
supplied by the National Hurricane Center. Applications will receive the following number of points for
each of the four storm impacts (counties that did not receive hurricane force winds will receive no more
than 40 points):
. Category 3 and above Hurricane:
· Category 2 Hurricane:
. Category 1 Hurricane:
. Tropical Storm:
100 points
75 points
50 points
20 points
This information will be posted on the Division of Forestry website: www.f1dof.com.
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2. Within each county, applications will be ranked according to the quality of the proposals submitted,
according to the following criteria:
a. Demonstrated Need - Highest score will be given to proposals that describe and document the
extent of impact to the community's urban tree resources, and the need for cost share dollars.
Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20
points
b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals
and explain how the applicant will ensure that the practice will be maintained to provide long term
benefits to the community. 15 points
c. Technical Correctness - Highest score will be given to proposals where the documentation indicates
that a competent professional (either an ISA certified arborist or graduate forester from an
accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the
practice, and that the practice will be carried out in a technically correct manner according to the
practice specifications. 20 points
d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest
results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to
the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher
scores will be given to applications where a partnering entity has provided either funding, materials,
or logistical support. 15 points
e. Completeness of Proposal - Highest score will be given to proposals containing all of the required
attachments and providing a detailed explanation of the proposal. 10 points
f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry
program. Current member as of 2003. 10 points
g. Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its
urban forestry program. Current member as of 2003. 10 points
In order to be considered acceptable, an application must achieve a quality score of at least 50 points out
of a possible 100 points, according to the above criteria. A committee of public and private sector urban
forestry professionals will evaluate these components of each proposal.
3. If all other factors are equal, the following criteria will be applied:
· Applications from smaller communities will receive priority over those from larger communities.
· Applications for practices which will be implemented in areas where the general public has access to
the treatment site, such as public rights of way, streets, and parks will receive priority over those to
be implemented in areas where access will be restricted.
· Approvals will be distributed equitably over the counties in the state which received sustained
hurricane force winds, in proportion to the number of applications received. Those receiving lesser
wind impacts will receive a lower priority for funding.
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
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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.clickonBusiness.Doing Business
with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements,
tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time
prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120,
Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the
protest.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score. At the same time, suggestions will be provided for ways they
can improve their chances of being awarded an Urban and Community Forestry Grant in the future.
Note: All approved applicants will be required to attend a regional workshop in their immediate
vicinity before their completed MOA is accepted, to ensure that all involved parties are in
agreement regarding program details.
Proposals that do not receive an award during the current grant cycle will be notified in writing with an
explanation of why they received a lower score.
LATE PROPOSALS
Proposals received by the Department after the proposal opening time and date will be rejected as untimely
and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice
with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors
listed on the Department's posted Award Notice are the only offers received timely in accordance with the
Department's proposal opening time and date.
COST OF PREPARATION
The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals
including an optional oral presentation.
URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE
MEMORANDUM OF AGREEMENT, if applicable)
Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully
executed between the Department and the Applicant.
1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and
the terms of payment for the project (Attachment H).
2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities
for maintenance of any areas where site specific projects are funded under this grant (Attachment I).
EXECUTION OF AGREEMENTS AND DOCUMENTS
Upon notification of a Grant Award, the following shall take place:
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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 August 24, 2005, and should schedule their projects accordingly.
3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall
stipulate:
a. What is to be accomplished under the grant.
b. The schedule and payment terms.
c. The schedule and content of progress reports.
d. Any penalties or actions that the Department will take in the event of noncompliance.
e. The methods to be used by the Department to determine compliance with the terms of the grant
agreement.
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, 2005, and thereafter on a quarterly
basis until the project is completed.
The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the
Department.
All projects must be completed by September 30,2007. All reimbursement claims must be submitted by
November 15, 2007.
FUNDING SOURCE
Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are
nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance"
(HR4837, PL 108324), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has
allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should
additional funding become available, it will be added to this amount.
State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes.
FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding.
The State of Florida's performance and obligation to pay under this grant program is contingent upon funding
by the U.S. Forest Service.
A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or
contributions of materials and/or services. In kind services provided by Division of Forestry employees may
not be used to contribute to the match by the grant recipient.
22
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
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
A8?
A 122
Educational Institutions
State and Local Governments
Non-profit Organizations
These circulars are available on line at http://whitehouse.gov/omb/circulars/index.htmlor you can request a
copy from the U&CF Grant Coordinator.
Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever
practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be
provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or
quote.
No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus
award), can be used as part of the local match.
The maximum allowable assessment for in kind match for general labor (non professional) is $15.00 per hour.
METHOD OF REIMBURSEMENT
Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written
request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required
attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will
submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is
received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the
reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in
line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states
the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for
payment of invoices (see Attachment A).
The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants.
FDACS cannot process a request for reimbursement without the FEIN.
SPECIAL PROVISIONS
GRANT AGREEMENT AND CONDITIONS
Terms and conditions within the Grant Agreements (Attachments H and I) and associated attachments shall
apply.
FDACS will have the right to access any books, documents, papers, and records of the grant recipients which
are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and
transcriptions.
Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional
progress reports may be required if grants are extended past the initial deadline. Failure to submit a required
report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement.
A final project report is required as a prerequisite to final payment.
23
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
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.
AUDITS
The Contractor shall maintain books, records and documents directly pertinent to the performance under this
contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State
or their authorized representatives shall have access to such records for audit purposes during the term of the
contract and for three years following the contract termination date or date of final payment, which ever is later.
If an audit, litigation or other action involving the records is started before the end of the three year period, the
records must be retained until all issues arising out of the action are resolved, or until the end of the three year
period, whichever is later.
In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as
applicable, of the Office of Management and Budget (OMB) Circular A 133. Any contract resulting from a
proposal developed for any division where federal funds are distributed, shall be in compliance with this
circular. The latest version of the referenced circular is available for review by Proposers at the Department's
Purchasing Office.
USE OF FUNDS FOR LOBBYING PROHIBITED
The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the
expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor
also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C.
DEBARMENT. SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSION
Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed
form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with
24
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
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)7205964 (voice and
TDD). USDA is an equal opportunity provider and employer.
INTERPRETATIONS/DISPUTES
Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for
receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless
provided in writing by the Department's Purchasing Director in response to requests in full compliance with this
provision. Any person who is adversely affected by the agency's decision or intended decision shall file with
the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended
decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation,
including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts,
reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be
filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with
particularity the facts and law upon which the protest is filed.
QUESTIONS
Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to
the nearest FDACS, Division of Forestry office (see Attachment J, List of Division of Forestry DistricUCenter
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
25
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
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 4, 2005
Notification of Availability of Request for Proposal mailed to all potential
applicants.
June 30, 2005
Sealed proposals in response to RFP must be received by FDACS Purchasing
office.
July, 2005
Evaluation of proposals.
August 1, 2005
Posting of Award on the Florida Bid System at http://myflorida.com,Click on
Business, Doing Business with the State of Florida, Everything for Vendors and
Customers, Vendor Bid System, Search Advertisements.
Tabulation will remain posted for a period of seventy two (72) hours. Failure to
file a protest within the time prescribed in Section 120.57(3), Florida Statutes,
shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.
Failure to file the proper bond at the time of filing the formal protest will result in
denial of the protest.
August 10, 2005
August 2005
Expected grant agreement (contract) execution and authorization to begin.
WorkShops for Approved Grant Applicants Locations, dates and times to be
posted on www.f1dof.com
December 31 , 2005
First quarterly Interim report due.
July 1 , 2007
September 30,2007
Deadline for submitting request for no cost time extension.
Contract ending date.
November 15, 2007
Deadline for final reimbursement claims.
26
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT A
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
NOTIFICATION OF VENDOR OMBUDSMAN'S NAME
AND TELEPHONE NUMBER
Vendors providing goods and services to an agency should be aware ofthe 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-04l05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT B
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CONFLICT OF INTEREST STATEMENT
I,
, as authorized
representative of
certify that no member of this firm nor any person having interest in this
firm has been awarded a contract by the Department of Agriculture and
Consumer Services on a non-competitive basis to:
(1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP);
(2) perform a feasibility study concerning the scope of work contained in this
ITB/RFP;
(3) develop a program similar to what is contained in this ITB/RFP.
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, Fl
fo-ca7-0!S
Date
Proposal Number
28
APPROVED ~..~O ~ FORM:
~ ~-1L ~'l8{~
CITY ATTORN~
BID NUMBER: RFP/DF-04/05-99
ATTACHMENT C
OPENING DATE: JUNE 30, 2005@2:00 P.M.
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to detemine the certification to which they are required to attest. Applicants
should also review the instructions for certification included in the regulations before OOflllIeting this form. Signature cA this form
provides for OOflllIiance with certification requirements under 34 CFR Part 82, 'New Restrictions on Lobbying: and 34 CFR Part 85,
'Govemment-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace
(Grants): The certifications shall be treated as a material representation cA fad upon which reliance will be placed when the
Department cA Education deterrrines to award the covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Sedion 1352. Title 31 cA the U.S. Code. and
ifT1llemented at 34 CFR Part 82, for persons entering into a
grant or cooperative agreement over $100,000. as defined at
34 CFR Part 82, Sections 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 cA the undersigned. to any person for
inftuencing or attefr4lling to inftuence an officer or efl1lloyee cA
any agency, a Mermer cA Congress, an officer or efl1lloyee cA
Congress, or an efl1lloyee cA a Mermer cA Congress in
connedion with the making cA any Federal grant. the entering
into cA any cooperative agreement. and the extension, continu-
ation, renewal. amendment, or rrodification cA 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 inftuencing or
attefr4lling to inftuence an officer or efl1lloyee cA any agency, a
Mermer cA Congress, an officer or efl1lloyee cA Congress, or
an efl1lloyee cA a Mermer of Congress in connection with this
Federal grant or cooperative agreement, the undersigned shaD
OOflllIete and sublTil 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 doaJments for all
subawards at all tiers (including subgrants. contrads under
grants and cooperative agreements. and subcontrads) and
that all subrecipients shall certify and disclose acoordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and
Suspension, and ifT1llemented at 34 CFR Part 85, for prospec-
tive 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 001 presently debarred, suspended. proposed for
debarment. declared ineligible. or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have 001 within a three-year period preceding this applica-
tion been convicted cA or had a civil judgement rendered
against them for wrTlTission of fraud or a crininal offense in
connection with obtaining, attefr4lling to obtain. or perforning a
public (Federal, State. or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or wrTlTission cA ermezzlement, theft, forgery.
bribery, falsification or destruction of rerords. making false
statements. or receiving stolen property;
(c) Are 001 presently indided for or olherwise crininally or civilly
charged by a governmental entity (Federal, State, or local) with
wrTlTission of any of the offenses enumerated in paragraph
(2)(b) of this certification; and
(d) Have 001 within a three-year period preceding this application
had one or rrore public transaction (Federal, State, or local)
terninated for cause or default; and
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 Workplace Ad of 1988. and
ifT1llemented 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 I will or will oontinue to provide a
drug-free workplace by:
(a) Publishing a statement notifying efl1lloyees that the unlawful
manufacture. distribution. dispensing, possession, or use cA a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against efl1lloyees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to
inform efl1lloyees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy cA maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and efl1lloyee
assistance programs; and
(4) The penalties that may be irrp:lSed upon elTllloyees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each e"1JbYee to be engaged in
the performance of the grant be given a copy cA the statement
required by paragraph (a);
(d) Notifying the efl1lloyee in the statement required by para-
graph (a) that, as a rondition of efl1lloyment under the grant, the
efl1lloyee will:
(1) Abide by the terms of the statement; and
(2) Notify the efl1lloyer in writing of his or her conviction for a
violation of a crirrinal drug statute occurring in the workplace no
later than five calendar days after such conviction;
29
BID NUMBER: RFP/DF-04/05-99
(e) Notifying the agency. in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an efTllloYee or
otherwise receiving adual notice of such lXlIIvidbn. EfTllIoYers
of ronvided efTllloYees rrnst provide notice. including position
title. to: Director, Grants Policy and Oversight Staff, U.S. Depart-
ment of Education, 400 Maryland Avenue, SW. (Room 3652,
GSA Regional Office Building No.3). Washington, DC 20202-
4248. NolJce shall include the identification nurrtler(s) of each
affected grant:
(I) Taking one of the following actions. within 30 calendar days of
receiving notice under subparagraph (d)(2), with resped 10 any
efTllloYee who is so lXlIIvicted:
(1) Taking appropriate personnel action against such an em-
ployee. up to and inctuding temination. lXlIIsistent with the
requirements of the Rehabilitation Act of 1973, as amended: or
(2) Requiring such efTllloYee 10 participate satisfactorily in a drug
abuse assistance or rehabilitation program applCNed for such
purposes by a Federal. State, or local health,law enforcement, or
other appropriate agency:
(g) Making a good faith effort 10 ronIinue to maintain a
drug-free workplace through ifTlllementation of paragraphs
(a). (b). (c), (d), (e). and (f)
B. The grantee may insert in the space provided below the site(s)
for the performance of work done in lXlIInection with the specific
grant:
Place of Performance (Street address. city. county. state, zip
a:xle)
Check [ ) it there are workplaces on file that are not identified
here.
OPENING DATE: JUNE 30, 2005@2:00 P.M.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988. and
ifTlllemented 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 oondition of the grant, I certify thaI I will not engage in the
unlawful manufacture, distribution. dispensing, possessbn. or
use of a lXlIItroIled substance in oonducting any activity with the
grant: and
B. If lXlIIvicted of a crirrinal drug offense resulting from a
violation ocQnring during the oonduct of any grant activity, I will
report the lXlIIviction, in writing. within 10 calendar days of the
ronviction, 10: Director. Grants Policy and Oversight Staff,
Department of Education. 400 Maryland Avenue. SW. (Room
3652, GSA Regional Office Building No.3). Washington, DC
20202-4248. NolJce shall indude the identification nurrtler(s) of
each affeded grant.
NAME OF APPLICANT
As the duly authorized representative of the applicant. I hereby certify that the applicant willlXJl11.lly with the above certifications.
PRlAWARD NUMBER AND I OR PROJECT NAME
CITY MANAGER
BOYNTON BEACH, Fl
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
~
ED 80-0013
DATE
6-~1-06
12/98
~vrtTIt
~ 1'L"3{~
CITY ATTORNEY
30
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT D
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments.
All attachments must be 81/2" X 11", except any attached sketches, plans and maps which must be no
larger than 2' X 3' 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., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 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.
Title: ~
Signature: '
KURT BRESSNER
CITY M~NAGF'R
BOYNTON BEACH, Fl
Authorized Executive Officer:
Date:
b -do. 1-05
~ED AS TD FDRM,
" OO~
(o17_3lo~
CITY ATTORNEY
31
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT D (CONTINUED)
PROJECT DESCRIPTION
(Two page limit, #12 font, single-space)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
(include information that will support the evaluation criteria listed on page 12-13 of this RFP)
Demonstrated Need:
Storm Impact in the Project Area:
Supporting Documents Included:
Well-Defined Goals and Obiectives:
Measurable End Results of the Project:
Long-Term Management of the Project Area:
Technical Correctness:
Supervision and Monitoring of the Project:
Recognized Specifications and Standards to be Followed:
Cost-Effectiveness:
Sources of Cash, Labor, Materials, and Other Resources:
Sources of Matching Resources:
Partnerships Contributing to Project Completion:
Documentation of Cost Figures Listed in the Budget Sheet:
Tree City USA Certification (current as of 2003):
Tree City USA Growth Award (current as of 2003):
Other Information to SUDDort ADDroval of this Proiect:
NOTE: This format will also serve as the Proposal Evaluation Sheet
32
BID NUMBER: RFP/DF-04/05-99
Activity:
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT E
BUDGET
Specific Description:
SUMMARY OF COSTS
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I) $
Total Matching Costs (II) $
Total Program Costs (III) $
(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
%Local match
A budaet. detailina all costs identified above must be attached.
County
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
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?
Name of Landowner:
Is the Land Ownership Public or Private?:
Project Title:
Applicant Name:
33
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting
projects must list the quantity, species, and approximate size (container size, or caliper and height) of
trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE
RULED INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Description)
Personnel
(list titles or
positions)
Travel
34
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
EauiDment
(list items)
35
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
SUDDlies.
(list items)
36
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
ODeratina 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-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
EXAMPLE
BUDGET
Activity:
Specific Description:
Replacement Plantina. Tree Prunina
Broadwav/42nd Street and Islip/Rahwav Blocks
SUMMARY OF COSTS
(A 75/25 match on behalf of the Proposer is required)
Contractual costs
Personnel costs
Travel costs
Equipment costs
Supplies costs
Operating costs
Tree costs
Overhead costs
Total Requested Grant (I)
Total Matching Costs (II)
Total Program Costs (III)
REQUESTED GRANT $
I
15.000
o
o
o
$
$
$
60.000
75.000
LOCAL MATCH $
II
10.000
6.000
o
5.400
5.500
o
o
o
26.900
101.900
100%
Add columns I and II for total III (100%)
74
% Grant request
26
% 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?
Name of Landowner:
Project Title:
Proposer Name:
Public
Town of Valdermere. FL. Inc.
Valdermere Urban Forestrv Hurricane Recoverv
Town of Valdermere
38
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all anticipated
expenditures and explains all project costs. Proposals for site specific demonstration tree planting
projects (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
(#) ($) ($) ($)
Contractual
(Description)
Tree Remedial 250 Trees 1 OO/tree 15,000 10,000
Pruning
15,000 10,000
Personnel
(list titles or
positions)
Certified Arborist Supervision, 40.00/hr 4,000.00
(Boris Smith) planning 100
hours
Volunteer Labor Delivery and 10.00/hr 2,000.00
Troop 29 Planting
SUBTOTAL 200 hours
6,000
Travel
SUBTOTAL
39
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
EauiDment
(list items)
Stake Body Truck 8 hours 50/hr 400
for Delivery
Irrigation System 5,000
Upgrade and
Operation
SUBTOTAL 5,400
40
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
SUDDlies*
(list items)
Planting supplies TBD $12/tree 4,800
(fert, mulch, etc.)
(Per mgt plant)
Shovels, gloves, 700
staking materials,
etc.
SUBTOTAL 5,500
ODeratina Costs
(list)
None
41
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Trees
(list species and
size)
Chickasaw Plum
Cypress 400 Purchase price $60,000 -0-
Flowering Cherry (15 gal) $150/tree
Live Oak (Florida #1)
Long Leaf Pine
Magnolia
Purple Leaf Plum
SUBTOTAL $60,000 -0-
Overhead** *
Total $75,000 $26,900
*
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.
**
42
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT F
EXAMPLE
2005 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 3' and folded into 8 1/2" X 11 ". Six (6) copies (one copy with original signatures and
five copies) of the proposal packet including the proposal form, the project description and all
attachments must be received no later than 2:00 p.m., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 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 Forestry Proaram
Proposer Name:
Valdermere. FL. Inc.
Name and Title of Contact Person:
Bernice Celia. Town ManaQer
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 ManaQer
Signature:
Date:
06/01/05
43
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
EXAMPLE (CONTINUED)
PROJECT DESCRIPTION
(two page limit)
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
The Town of Valdermere is requesting a $75,000 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 October 13 and December 31,2004.
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 October 13, 2004, 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 Obiectives: 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 Supportina Information: Visibility of the Project: All trees planted or treated under this project are located
along city streets with heavy pedestrian and vehicular traffic.
44
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT G
2005 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 desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Valdermere desires to apply for an Urban and Community Forestry Grant
which would provide monies in which to help fund the citizen forester program; and
WHEREAS, the City of Valdermere wishes to enter into an Urban and Community Forestry Grant
Memorandum of Agreement between the City of Hometown, Florida and the Florida Department of
Agriculture and Consumer Services;
NOW, THEREFORE, BE IT RESOLVED by the City council of Valdermere, Florida:
Section 1. The City Council supports the development of a citizen forester program to allow
continuation of the city's tree planting program.
Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and
Community Forestry Grant Memorandum of Agreement between the City of Valdermere, Florida
and Florida Department of Agriculture and Consumer Services.
INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2005.
BY:
Mayor
ATTEST:
APPROVAL AS TO FORM:
City Clerk
City Attorney
45
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT H
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
GRANT MEMORANDUM OF AGREEMENT
This agreement, made and entered into this the day of ,20_by and
between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency
of the State of Florida, hereinafter called the "Department" and the Town of Valdermere, hereinafter called the
Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and community
forestry by granting funds to the Entity (Subre.cipient) for the purpose as outlined in grant Application Number
005-67, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state
would benefit from the implementation of urban and community forestry projects that improve our communities
through the proper care of trees and related plant materials;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban forestry grant for the specific
project set forth in the U&CF Grant Application Number 005-67, hereinafter the "project";
WHEREAS, the Entity (Subrecipient) by Resolution No. 2004-06 & 07, dated June 10.2005, has indicated its
support of the grant application and authorized its officers to execute this Agreement on its behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the U&CF
Grant application and the need for entering into an agreement designating and setting forth the responsibilities of
each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties
covenant and agree as follows:
A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 45 days upon receipt of
the agreement, shall constitute forfeiture of the award.
B.
The effective date of this agreement is
,20
C. The Entity (Subrecipient) shall complete the project by September 30,2007, as set forth in the Urban
and Community Forestry Grant Application Number 005-67 approved by the Department on August 1,
2005, during which time the grant shall continue in effect. The criteria for the project is set forth
therein. The final date by which such criteria must be met for completion of this agreement is
September 30, 2007.
The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the
Department. The Entity (Subrecipient) shall not change or deviate from the project without written
approval by the Department.
D. The Entity (Subrecipient) has estimated the project cost to be $101.900 as shown on the grant
application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity
(Subrecipient) the total sum of $75.000 or seventy five percent (75%) of the final approved project
costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which
are directly related to this project as described in Exhibits "A" and "B". Project costs incurred prior to
October 13, 2004, are ineligible for reimbursement. To assist the Entity (Subrecipient) with the initial
three (3) months of implementation, the Department may make an advance of the grant award. The
46
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
Entity (Subrecipient) must request the advance payment in writing using forms provided by the
Department. Funds provided as an advance payment must be placed in a non-interest bearing
account. Only one advance payment will be made; thereafter, disbursements will be made on a
reimbursement basis. The final payment shall not be made until Certification of Acceptance is
received from the Department. For installed plant materials, a sixty (60) day grow-in-period will be
required after project completion. Certification of Acceptance by the Department may be requested
sixty (60) days after project completion. Upon receipt of the Certification of Acceptance, the Entity
(Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must submit the
final claim for reimbursement to the Department on or before November 15, 2007.
(1) Purchases of $2,500 to $25,000 shall be carried out documenting two or more written
quotations or written record of telephone quotations or informal bids to be opened upon receipt,
whenever practical. Competitive sealed bidding is required for all purchases exceeding
$25,000. Justification must be provided for a sole source award or for an award to a vendor
other than the vendor submitting the lowest bid or quote.
(2) Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses specifically
authorized by this Agreement shall be submitted and paid in accordance with the rates
specified in Section 112.061, Florida Statutes.
(3) Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include all records of the
costs of the Entity (Subrecipient) and subcontractors considered necessary by the Department
for a proper audit of the project.
(4) A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted
vendor list.
(5) The CONTRACTOR is informed that an entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or a public work, may not submit bids on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant
under contract with any public entity, and may not transact business with any public entity.
E. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period
of three years and enter into an agreement which designates and sets forth the duties and responsibilities of
the parties in maintaining the project.
F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments
by December 31,2005 and a final report summarizing project accomplishments as a prerequisite to final
acceptance by the Department. Failure to submit a required report or submission of an unsatisfactory report
is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Entity
(Subrecipient) upon project completion shall submit a news release to local newspaper media highlighting
the successes of the project.
G. This Agreement may be terminated under anyone of the following conditions:
(1) The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation
47
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other
material made or received by the Contractor in conjunction with the contract, unless the records are
exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes.
(2) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement,
following thirty (30) calendar days written notice by the Department.
(3) By either party following sixty (60) calendar days written notice.
(4) By both parties following the complete execution by both parties of an agreement to terminate this
Agreement.
(5) Notice to Entity (Subrecipient): The Department shall consider the employment by any Entity
(Subrecipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement.
H. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the
event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant
Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project
has been completed. If the project has not been completed, the Department shall pay to the Entity
(Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion.
I. 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.
J. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused or resulting from the negligence of
such party or any of its officers, agents or employees.
K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any
Federal department or agency.
L. This Agreement, together with any Maintenance Agreement, if executed, embodies the entire agreement and
understanding between the parties hereto and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not superseded hereby.
M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without
the expressed written consent of the Department.
N. This Agreement, regardless of where executed, shall be govemed by and construed in accordance with the
laws of the State of Florida.
O. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail,
postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram:
(1) If to the Department, address to Program Coordinator, 3125 Conner Boulevard, Suite R-8, Forest
Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the Department may
from time to time designate by written notice to the Entity (Subrecipient);
(2) If to the Entity (Subrecipient) addressed to:
48
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Ms. Bermice Celia
Town of Valdermere
Post Office Drawer 669
Windermere, Florida 34786
or at such other address as the Entity (Subrecipient) from time to time designates by written notice to
the Department. All time limits provided hereunder shall run from the date of receipt of all mailed
notices, demands, requests and other instruments, or from the date telexed or faxed.
P. Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit
the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate
entity means a local governmental entity, nonprofit organization, or for-profit organization that receives
state resources. Recipient means a Nonstate entity that receives state financial assistance directly
from a state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in
excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a state single or
project-specific audit conducted for such fiscal year in accordance with Section 215.97, F. S.,
applicable rules of the Executive Office of the Governor, rules of the Chief Financial Officer, and
Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended
in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state
funds received from this Department resource, except that state financial assistance received by a
Nonstate entity for federal financial assistance and state matching requirements shall be excluded
from consideration.
C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2)
conducted by an independent auditor in accordance with auditing standards as stated in rules of the
Auditor General.
D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F. S., do
not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records
concerning state financial assistance to such Nonstate entity or allowing access and examination of
those records by the state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity
must meet terms and conditions specified in this written agreement with the state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F. S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying
with the requirements of Section 215.97, F. S. The Recipient is required to retain sufficient
49
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
records demonstrating its compliance with the terms of this agreement for a period of three
years from the date the audit report is issued, and shall allow the department of Agriculture and
Consumer Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state
financial assistance or limit the authority of any state agency Inspector General, the Auditor
General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance
with the requirements of Section 215.97, F. S. The financial reporting package means the
nonstate entities financial reports, management letter, auditee's written responses or corrective
action plan, correspondence on the follow-up of prior years corrective actions taken, and such
other information determined by the Auditor General to be necessary and consistent with the
purposes of Section 215.97, F. S. Copies of the financial reporting package required by this
agreement shall be submitted by or on behalf of the Recipient directly to each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399-0800
(b) The Auditor General's Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must, prior to
agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities,
Standard Form LLL, is required, it may be obtained from the Department. All disclosure forms as required by the
Certification are attached. The Lobbying form must be completed and returned to the Department.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby
acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and
Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local Governments, and
Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity
(Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal
year, either directly from federal agencies or indirectly through other units of state or local governments or a
combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of
Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations).
The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this
agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will
allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's
(Subrecipient's) books for compliance with the above applicable circulars.
The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material,
videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the
copyright laws ofthe United States of America. All products (brochures, signs, videos, etc.) funded by the Urban
50
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
and Community Forestry Grant must display a statement that the material has been prepared using Urban and
Community Forestry grant funds received through the Division of Forestry.
Entities (Subrecipients) providing goods and services to the Department should be aware of the following
time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and
approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the
exception of payments to health care providers for hospital, medical, or other health care services, if payment is not
available within 40 days, measured from the latter of the date the invoice was received or the goods or services are
received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section
55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest
rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552.
Invoices which have to be retumed to an Entity (Subrecipient) because of Entity (Subrecipient) preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed
invoice is provided to the department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or
by calling the Department of Financial Services' Hotline, 1-850-410-9724.
The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or
services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any
public entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
The Entity (Subrecipient) is informed that the Department shall consider the employment by an Entity
(Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act.
Such violation shall be cause for unilateral cancellation of this agreement.
The contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids on leases
of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
51
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 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
BY:
Director
Division of Administration
Town of Valdermere
Name of Entity (Subrecipient)
BY:
TITLE:
52
BID NUMBER: RFP/DF-G4/05-99
OPENING DATE: JUNE 30, 2005@2:00 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 the Town of Valdermere, hereinafter called the Entity
(Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and
community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree
planting project as outlined in the Urban and Community Forestry grant application Number 005-67 and Grant
Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part
hereof;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant
for the improvements to the project property more particularly set forth in the Grant Agreement;
WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in
the Grant Application);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting
forth the responsibilities of each party in maintaining the project; and
WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its
officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in
Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows:
A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in
accordance with the below listed Project Standards for the property at the following location:
Town of Valdermere.
Specifically, the Entity (Subrecipient) accepts the below listed responsibilities and duties:
(1) All planting stock or replacement must be Florida Grade #1 or better, unless otherwise agreed
upon in writing by the Urban Forestry Coordinator.
(2) Proper watering and proper fertilization of all trees/plants.
(3) Keeping trees/plants as free as practicable from disease and harmful insects;
(4) Proper mulching of trees and/or planting beds;
(5) Keeping the premises free of weeds;
(6) Mowing and/or cutting grasses to the proper length;
(7) Proper pruning of all trees which includes; (i) removing dead or disease parts of trees or (ii)
pruning such parts thereof which present a hazard;
(8) Removing and replacing dead or diseased trees/plants in their entirety, or removing and
replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C.
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of the
project that falls below Project Standards. In the event any part or parts of the project, including all
plants, must be removed and replaced for whatever reason, then they shall be replaced with the same
grade, size and specification as provided in the original plans for the project. Furthermore, the Entity
(Subrecipient) shall keep litter removed from the project area. The above named functions to be
performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is
53
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the
Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated
in the grant application comprising the project.
B. This Agreement may be terminated under anyone of the following conditions:
(1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement
or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or
secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable
written notice.
(2) By either party following sixty (60) calendar days written notice.
(3) By both parties following the complete execution by both parties of an agreement to terminate
this agreement.
C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a
period of three (3) years.
D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity
(Subrecipient) shall refund to the Department a pro-rated portion of the grant award based upon the
following schedule:
(1) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent of the
grant award.
(2) If this agreement is terminated during the second year of this agreement, 50 percent of the
grant award.
(3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant
award.
E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees that it
shall indemnify and hold harmless the Department and all of the Department's officers, agents and
employees from any claim, action, neglect or omission by the Entity (Subrecipient) during the
performance of the Agreements, whether direct or indirect, and whether any person or property to
which the Department or said parties may be subject, except that neither the Entity (Subrecipient) nor
any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or
damage to persons or property directly caused or resulting from the sole negligence of the
Department or any of its officers, agents or employees.
F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of Agreement,
embodies the entire agreement and understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to the subject matter hereof that are not
superseded hereby.
G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part
without the expressed written consent of the Department.
H. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
I. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S.
Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or
telegram:
If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau,
3125 Conner Boulevard, Suite R-3, Tallahassee, Florida 32399-1650 or at such other address the
54
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Department may from time to time designate by written notice to the Entity (Subrecipient); and
If to the Entity (Subrecipient) addressed to:
Ms. Bernice Celia
Town of Valdermere
Post Office Drawer 669
Windermere, Florida 34786
or at such other address as the Entity (Subrecipient) from time to time designates by written notice to
the Department.
All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands,
requests and other instruments, or from the date telexed or faxed.
J. Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management
district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations
pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit
the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy goods or
services from vendors, but are only applicable to a contractor subject to the Florida Single Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by state agencies to
Nonstate entities to carry out state projects in accordance with and subject to requirements of Section
215.97, Florida Statutes (F. S.), which may be applicable to and binding upon Recipient. Nonstate entity
means a local governmental entity, nonprofit organization, or for profit organization that receives state
resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state
awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, F. S., applicable rules of the Executive
Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General.
In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all
sources of state financial assistance, including state funds received from this Department resource, except
that state financial assistance received by a Nonstate entity for federal financial assistance and state
matching requirements shall be excluded from consideration.
C. Audits conducted pursuant to Section 215.97, F. S., shall be: (1) performed annually, and (2) conducted by
an independent auditor in accordance with auditing standards as stated in rules of the Auditor General.
D. Regardless of the amount ofthe state financial assistance, the provisions of Section 215.97, F. S., do not
exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning
state financial assistance to such Nonstate entity or allowing access and examination of those records by the
state awarding agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must
meet terms and conditions specified in this written agreement with the state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of
Section 215.97, F. S.
55
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state
awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's
records and the Recipient's independent auditor's working papers as necessary for complying with the
requirements of Section 215.97, F. S. The Recipient is required to retain sufficient records
demonstrating its compliance with the terms of this agreement for a period of three years from the
date the audit report is issued, and shall allow the department of Agriculture and Consumer Services
or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F. S., does not limit the authority of the state awarding
agency to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any state agency Inspector General, the Auditor General, or any
other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with
the requirements of Section 215.97, F. S. The financial reporting package means the nonstate entities
financial statements, Schedule of State Financial Assistance, auditor's reports, management letter,
auditees written responses or corrective action plan, correspondence on the follow-up of prior years
corrective actions taken, and such other information determined by the Auditor General to be
necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting
package required by this agreement shall be submitted by or on behalf of the Recipient directly to
each of the following:
(a) The Department of Agriculture and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee, FL 32399 0800
(b) The Auditor Generals Office at the following address:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 323021450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement
hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version
of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States,
Local Governments, and Non-profit Organizations). Copies of the latest version of the above which
would relate to the undersigned Entity (Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal
year, either directly from federal agencies or indirectly through other units of state or local governments or a
combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of
Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations).
The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this
agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will
allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's
(Subrecipients) books for compliance with the above applicable circulars.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year
first above written.
56
BID NUMBER: RFP/DF-04/05-99
BY:
BY:
TITLE:
OPENING DATE: JUNE 30, 2005@2:00 P.M.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Director, Division of Administration
Town of Windermere
Name of Entity (Subrecipient)
57
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
EXHIBIT C
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and
underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site
improvements, size of planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc.
must be removed from the root ball before planting. All biodegradable material should be removed
from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from
extending above the soil surface where it can act as a wick and dry the surrounding soil.
If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers
of wire be cut and removed after the root ball is set in the planting hole.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and
the same depth as the root ball.
Position the tree or palm in the center of the planting hole with the top of the root ball even with the
surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to
fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated
into the backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil around the roots, and provide
nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips,
bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from
the tree or palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
C. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree
diameter increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
58
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@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.
59
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT J
FLORIDA DIVISION OF FORESTRY
DISTRICT/CENTER CONTACTS
Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties)
Center Manager - Weldon Sonny Greene
850/957-6140
Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties)
District Manager - Joe Anderson
850/872-4175
Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties)
District Manager - Tom Ledew
850/414-1131
Perry District (Taylor, Dixie, Madison, Lafayette Counties)
District Manager - John K. Fish
850/838-2290
Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties)
District Manager - Mark Crow
386/758-5700
Jacksonville District (Duval, Clay, Nassau Counties)
District Manager - Bruce Hill
904/266-5003
Waccasassa Center (Alachua, Marion, Gilchrist, Levy, Putnam Counties)
Center Manager - Don West
352/955-2005
Bunnell District (Volusia, St. Johns, Flagler Counties)
District Manager - Mike Kuypers
386/446-6787
Withlacoochee Forestry Center (Pasco, Sumter, Hernando, Lake, Citrus Counties)
Center Manager - Winnie Schreiber
352/754-6777
Orlando District (Orange, Osceola, Seminole, Brevard Counties)
District Manager - John Koehler
321/690-6465
Lakeland District (Polk, Hillsborough, Pinellas Counties)
District Manager - Gary Zipprer
863/648-3163
60
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
Myakka River District (Manatee, Sarasota, Charlotte, DeSoto, Hardee Counties)
District Manager - Ed Flowers
941/751-7629
Okeechobee District (St. Lucie, Martin, Indian River, Highlands, Glades, Okeechobee Counties)
District Manager - Jim Rath
863/462-5160
Caloosahatchee District (Lee, Collier, Hendry Counties)
District Manager - Hank Graham
239/694-2181
Everglades District (Palm Beach, Broward, Dade, Monroe Counties)
District Manager - David Crane
954/475-4120
61
W\B\11
URBAN AND COMMUNITY FORESTRY (U&CF)
GRANT MEMORANDUM OF AGREEMENT
Fn ,. ("(" ""~'t""'n~. ('T Jt
U h \..J .~) I.J U ! I I I \ f., I.J I 1 i
0', ! i'')''''J7
IvJ
This agreement, made and entered into this the ~ day of ~l')\if"m~)t>[ , 20 D 5" by
and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, an agency of the State of Florida, hereinafter called the "Department" and the City of
Bovnton Beach, hereinafter called the Entity (Subrecipient).
WITNESSETH
WHEREAS, the Department desires to increase the application of the principles of urban and
community forestry by granting funds to the Entity (Subrecipient) for the purpose as outlined in grant
application Number 05H-15, included herein as Exhibit A and by reference made a part hereof:
WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664;
WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of
the state would benefit from the implementation of urban and community forestry projects that improve
our communities through the proper care of trees and related plant materials;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban forestry grant for
the specific project set forth in the U&CF Grant Application Number 05H-15, hereinafter the "project";
WHEREAS, the Entity (Subrecipient) by Resolution No. R05-097, dated June 21. 2005, has
indicated its support of the grant application and authorized its officers to execute this Agreement on its
behalf;
WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in
the U&CF Grant application and the need for entering into an agreement designating and setting forth
the responsibilities of each party;
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other,
the parties covenant and agree as follows:
A. Failure by the Entity (Sub recipient) to sign and return this agreement, within 60 days
upon receipt of the agreement, shall constitute forfeiture of the award.
B. The effective date of this agreement is Ho\t'ember L, 20 05'
C. The Entity (Subrecipient) shall complete the project by September 30, 2007 as set forth
in the Urban and Community Forestry Grant Application Number 05H-15 approved by
the Department on September 2, 2005, during which time the grant shall continue in
effect. Criteria for the project is set forth therein. The final date by which such criteria
must be met for completion of this agreement is September 30,2007.
The project to be performed by the Entity (Subrecipient) shall be subject to periodic
inspections by the Department. The Entity (Subrecipient) shall not change or deviate
from the project without written approval by the Department.
D. The Entity (Subrecipient) has estimated the project cost to be $75.360 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 $56.520 or seventy five percent
1
(75%) of the final approved project costs, whichever is less (the "Grant Amount"). The
Grant Amount is limited to only those items which are directly related to this project as
described in Exhibits "A" and "B". Project costs incurred as of October 13, 2004, are
eligible for reimbursement. Project costs for which the applicant has already received
reimbursement from any other source are not eligible for funding under this grant.
FEMA or other federal funds can not be used to match funding received under this grant.
To assist the Entity (Subrecipient) with the initial three (3) months of implementation, the
Department may make an advance of no more than 25 percent of the grant award. The
Entity (Subrecipient) must request the advance payment in writing using forms provided
by the Department. Funds provided as an advance payment must be placed in a non-
interest bearing account. Only one advance payment will be made; thereafter,
disbursements will be made on a reimbursement basis.
No more than 75 percent of the Grant Amount will be paid to the Entity (Subrecipient)
prior to Certification of Acceptance by the Department. The final payment shall not be
made until Certification of Acceptance is received from the Department. For installed
plant materials, a sixty (60) day grow-in-period will be required after project completion.
Certification of Acceptance by the Department may be requested sixty (60) days after
project completion. Upon receipt of the Certification of Acceptance, the Entity
(Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must
submit the final claim for reimbursement to the Department on or before
November 15, 2007.
(1) Purchases of $2,500 to $25,000 shall be carried out documenting two or more
written quotations or written record of telephone quotations or informal bids to be
opened upon receipt, whenever practical. Competitive sealed bidding is required
for all purchases exceeding $25,000. Justification must be provided for a sole
source award or for an award to a vendor other than the vendor submitting the
lowest bid or quote.
(2) Bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper pre-audit and post-audit thereof, and bills for travel
expenses specifically authorized by this Agreement shall be submitted and paid
in accordance with the rates specified in Section 112.061, Florida Statutes.
(3) Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of
this Agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request.
Records of costs incurred include all records of the costs of the Entity
(Subrecipient) and subcontractors considered necessary by the Department for a
proper audit of the project.
(4) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, Florida
2
Statutes, for CATEGORY TWO, for a period of 36 months from the date of being
placed on the convicted vendor list.
(5) The CONTRACTOR is informed that an entity or affiliate who has been placed on
the discriminatory vendor list may not submit a bid on a contract to provide goods
or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or a public work, may not
submit bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any public
entity.
E. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the
project for a period of three years and enter into an agreement which designates and
sets forth the duties and responsibilities of the parties in maintaining the project.
F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project
accomplishments quarterly (December 31,2005, March 31,2006, June 30,2006 and
September 30, 2006) and a final report summarizing project accomplishments as a
prerequisite to final acceptance by the Department. Failure to submit a required report
or submission of an unsatisfactory report is sufficient grounds for termination of this
agreement according to the provisions of Section 7(b). The Entity (Subrecipient) upon
project completion shall submit a news release to local newspaper media highlighting
the successes of the project.
G. This Agreement may be terminated under anyone of the following conditions:
(1) The Department of Agriculture and Consumer Services shall have the right of
unilateral cancellation for refusal by the Entity (Subrecipient) to allow public
access to all documents, papers, letters or other material made or received by
the Contractor in conjunction with the contract, unless the records are exempt
from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida
Statutes.
(2) By the Department, if the Entity (Subrecipient) fails to perform its duties under
this Agreement, following thirty (30) calendar days written notice by the
Department.
(3) By either party following sixty (60) calendar days written notice.
(4) By both parties following the complete execution by both parties of an agreement
to terminate this Agreement.
(5) Notice to Entity (Subrecipient): The Department shall consider the employment
by any Entity (Subrecipient) of unauthorized aliens a violation of section 274A(e)
of the Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this agreement.
H. Notwithstanding any provision of this Agreement to the contrary but subject to
Subparagraph 7(b), in the event this Agreement is terminated before the Department
has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees
to pay the Entity (Subrecipient) the entire Grant amount, if the project has been
completed. If the project has not been completed, the Department shall pay to the Entity
3
(Subrecipient) a percentage of the Grant amount equal to the percentage of the project's
completion.
I. 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.
J. As applicable under Florida Statute 768.28, each party will be liable under this
paragraph for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of such party or any of its officers, agents or
employees.
K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded for
participation in this grant program by any Federal department or agency.
L. This Agreement, together with any Maintenance Agreement, if executed, embodies the
entire agreement and understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to the subject matter
hereof that are not superseded hereby.
M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in
whole or in part without the expressed written consent of the Department.
N. This Agreement, regardless of where executed, shall be governed by and construed in
accordance with the laws of the State of Florida.
O. All notices, demands, requests or other instruments shall be given by depositing the
same in the U.S. Mail, postage prepaid, registered or certified with return receipt
requested, or by telex (FAX) or telegram:
(1) If to the Department, address to Program Coordinator, 3125 Conner Boulevard,
Suite R-8, Forest Management Bureau, Tallahassee, Florida 32399-1650 or at
such other address the Department may from time to time designate by written
notice to the Entity (Subrecipient);
(2) If to the Entity (Subrecipient) addressed to:
Mr. Wally Majors
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33435
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
4
from the date of receipt of all mailed notices, demands, requests and other
instruments, or from the date telexed or faxed.
P. Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids
appropriations, it is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a
water management district, or the judicial branch may not authorize or make any
disbursement of grants and aids appropriations pursuant to a contract or grant to any
person or organization unless the terms of the grant or contract prohibit the expenditure
of funds for the purpose of lobbying the Legislature, the judicial branch, or a state
agency.
The following provisions of A through G are not applicable to procurement contracts used to buy
goods or services from vendors, but are only applicable to a contractor subject to the Florida Single
Audit Act.
A. There are uniform state audit requirements for state financial assistance provided by
state agencies to Nonstate entities to carry out state projects in accordance with and
subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be
applicable to and binding upon Recipient. Nonstate entity means a local governmental
entity, nonprofit organization, or for-profit organization that receives state resources.
Recipient means a Nonstate entity that receives state financial assistance directly from a
state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal
to or in excess of $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 Executive Office of the Governor, rules of
the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In
determining the state financial assistance expended in its fiscal year, the Recipient shall
consider all sources of state financial assistance, including state funds received from this
Department resource, except that state financial assistance received by a Nonstate
entity for federal financial assistance and state matching requirements shall be excluded
from consideration.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and
(2) conducted by an independent auditor in accordance with auditing standards as
stated in rules of the Auditor General.
D. Regardless of the amount of the state financial assistance, the provisions of Section
215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law
relating to maintaining records concerning state financial assistance to such Nonstate
entity or allowing access and examination of those records by the state awarding
agency, the Chief Financial Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such
Nonstate entity must meet terms and conditions specified in this written agreement with
the state awarding agency.
F. Each state awarding agency shall:
5
(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 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must,
prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of
Lobbying Activities, Standard Form LLL, is required, it may be obtained from the Department. All
disclosure forms as required by the Certification are attached. The Lobbying form must be completed
and returned to the Department.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this
agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the
latest version of Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of
States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above
6
which would relate to the undersigned Entity (Subrecipient) are available for review at the following
address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial
assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state
or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in
accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local
Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all
federal sources, not just the amount provided by this agreement. The undersigned Entity
(Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of
Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipient's) books
for compliance with the above applicable circulars.
The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed
material, videos, audio recordings, films and photographs produced as part of this project shall not be
restricted under the copyright laws of the United States of America. All products (brochures, signs,
videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the
material has been prepared using Urban and Community Forestry grant funds received through the
Division of Forestry.
Entities (Subrecipients) providing goods and services to the Department should be aware of the
following time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working
days to inspect and approve goods and services, unless bid specifications or the purchase order
specifies otherwise. With the exception of payments to health care providers for hospital, medical, or
other health care services, if payment is not available within 40 days, measured from the latter of the
date the invoice was received or the goods or services are received, inspected and approved, a
separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes,
will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please
contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552. Invoices
which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation
errors will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the department.
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for Entities (Subrecipients) who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman
may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline,
1-850-410-9724.
The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on an
agreement to provide any goods or services to a public entity, may not submit a bid on an agreement
with a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
7
The Entity (Subrecipient) is informed that the Department shall consider the employment by an
Entity (Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement.
The contractor is informed that an entity or affiliate who has been placed in the discriminatory
vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
BY:
STATE OF FLORIDA.
DEPARTMENT OF AGRICULTURE AND
C~RVI S
Director
Division of Administration
CITY OF BOYNTON BEACH
Name~iPient)
BY:
TITLE:
!<'URT BRESSNER
CITY MANAGER
HOYNTON BtACH, Fl
8
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 the City of Boynton
Beach, 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 05H-15 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit
"1" and by reference made a part hereof;
WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry
grant for the improvements to the project property more particularly set forth in the Grant Agreement;
WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as
described in the Grant Application);
WHEREAS, the parties hereto recognize the need for entering into an agreement designating and
setting forth the responsibilities of each party in maintaining the project; and
WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and
authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other
herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows:
A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due
care in accordance with the below listed Project Standards for the property at the following
location:
1611 S. Seacreast Boulevard. Boynton Beach.
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; (i) removing dead or disease parts of trees
or (ii) pruning such parts thereof which present a hazard;
(8) Removing and replacing dead or diseased trees/plants in their entirety, or removing
and replacing those that fall below original Project Standards.
(9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C.
The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or
part of the project that falls below Project Standards. In the event any part or parts of the
project, including all plants, must be removed and replaced for whatever reason, then they
shall be replaced with the same grade, size and specification as provided in the original
1
plans for the project. Furthermore, the Entity (Subrecipient) shall keep litter removed from
the project area. The above named functions to be performed by the Entity (Subrecipient)
shall be subject to periodic inspections by the Department. It is the intent of the parties
hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity
(Subrecipient) shall be the owner of the planting and other installations included and
stipulated in the grant application comprising the project.
B. This Agreement may be terminated under anyone of the following conditions:
(1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this
Agreement or for refusal by the Entity (Subrecipient) to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes and made or secured by the Entity (Sub recipient) in conjunction with
this Agreement following reasonable written notice.
(2) By either party following sixty (60) calendar days written notice.
(3) By both parties following the complete execution by both parties of an agreement to
terminate this agreement.
C. The terms of this Agreement commence on the date of Certification of Acceptance and
continue for a period of three (3) years.
D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the
Entity (Subrecipient) shall refund to the Department a pro-rated portion of the grant award
based upon the following schedule:
(1) If this agreement is terminated within one year of the date in Paragraph 3, 75 percent
of the grant award.
(2) If this agreement is terminated during the second year of this agreement, 50 percent
of the grant award.
(3) If this agreement is terminated during the third year of this agreement, 25 percent of
the grant award.
E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) Covenants and agrees
that it shall indemnify and hold harmless the Department and all of the Department's officers,
agents and employees from any claim, action, neglect or omission by the Entity
(Subrecipient) during the performance of the Agreements, whether direct or indirect, and
whether any person or property to which the Department or said parties may be subject,
except that neither the Entity (Subrecipient) nor any of its sub-contractors shall be liable
under this paragraph for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of the Department or any of its officers,
agents or employees.
F. This Agreement, together with the Urban and Community Forestry Grant Memorandum of
Agreement, embodies the entire agreement and understanding between the parties hereto
and there are no other agreements or understandings, oral or written, with reference to the
subject matter hereof that are not superseded hereby.
G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or
in part without the expressed written consent of the Department.
2
H. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida.
I. All notices, demands, requests or other instruments shall be given by depositing the same in
the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by
telex (FAX) or telegram:
If to the Department, addressed to Urban Forestry Program Coordinator, Forest
Management Bureau, 3125 Conner Boulevard, Suite R, 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:
Mr. Wally Majors
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33435
or at such other address as the Entity (Subrecipient) from time to time designates by written
notice to the Department.
All time limits provided hereunder shall run from the date of receipt of all mailed notices,
demands, requests and other instruments, or from the date telexed or faxed.
J. Time is of the essence of this agreement.
It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it
is:
Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water
management district, or the judicial branch may not authorize or make any disbursement of grants
and aids appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the
Legislature, the judicial branch, or a state agency.
The following provisions of A through G are not applicable to procurement contracts used to buy
goods or services from vendors, but are only applicable to a contractor subject to the Florida Single Audit
Act.
A. There are uniform state audit requirements for state financial assistance provided by state
agencies to Nonstate entities to carry out state projects in accordance with and subject to
requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and
binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit
organization, or for-profit organization that receives state resources. Recipient means a
Nonstate entity that receives state financial assistance directly from a state awarding agency.
B. In the event that the Recipient expends a total amount of state financial assistance equal to
or in excess of $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 Executive Office of the Governor, rules of the Chief
Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state
financial assistance expended in its fiscal year, the Recipient shall consider all sources of
state financial assistance, including state funds received from this Department resource,
3
except that state financial assistance received by a Nonstate entity for federal financial
assistance and state matching requirements shall be excluded from consideration.
C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2)
conducted by an independent auditor in accordance with auditing standards as stated in
rules of the Auditor General.
D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97,
F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to
maintaining records concerning state financial assistance to such Nonstate entity or allowing
access and examination of those records by the state awarding agency, the Chief Financial
Officer, or the Auditor General.
E. If the Nonstate entity does not meet the threshold requiring the state single audit, such
Nonstate entity must meet terms and conditions specified in this written agreement with the
state awarding agency.
F. Each state awarding agency shall:
(1) Provide to a Recipient, information needed by the Recipient to comply with the
requirements of Section 215.97, F. S.
(2) Require the Recipient, as a condition of receiving state financial assistance, to allow
the state awarding agency, the Chief Financial Officer, and the Auditor General
access to the Recipient's records and the Recipient's independent auditor's working
papers as necessary for complying with the requirements of Section 215.97, F.S.
The Recipient is required to retain sufficient records demonstrating its compliance
with the terms of this agreement for a period of three years from the date the audit
report is issued, and shall allow the department of Agriculture and Consumer
Services or its designee, access to such records upon request.
(3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state
awarding agency to conduct or arrange for the conduct of additional audits or
evaluations of state financial assistance or limit the authority of any state agency
Inspector General, the Auditor General, or any other state official.
(4) Be provided by Recipient one copy of each financial reporting package prepared in
accordance with the requirements of Section 215.97, F.S. The financial reporting
package means the non-state entities financial statements, Schedule of State
Financial Assistance, auditor's 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 Generals Office at the following address:
4
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
G. The Recipient is hereby notified of and bound by the requirements of F., above.
The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement
hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of
Office and Management Budget Circular No. A-133 - Revised June 27, 2003 (Audits of States, Local
Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate
to the undersigned Entity (Subrecipient) are available for review at the following address:
Department of Agriculture and Consumer Services
Division of Administration, Contract Administrator
Room 509, Mayo Building
Tallahassee, FL 32399-0800
If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in
a fiscal year, either directly from federal agencies or indirectly through other units of state or local
governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance
with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and
Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not
just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under
this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and
any federal agency to audit the Entity's (Subrecipients) books for compliance with the above applicable
circulars.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and
year first above written.
STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE
~UME ERVICES
Director, Division of Administration
BY:
BY:
CITY OF BOYNTON BEACH
~nt)
KURT BRESSNER
CITY r.\\ N~.GER
BO\fl'~TON BtACH, FL
.-
Title:
5
EXHIBIT C
PLANTING AND MAINTENANCE GUIDELINES
A. Planting
Site factors which influence long-term survivability should be considered: overhead and underground
utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size
of planting space/site, etc.
All planting stock or replacement stock must be Florida Grade #1 or better.
All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc.
must be removed from the root ball before planting. All biodegradable material should be removed
from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from
extending above the soil surface where it can act as a wick and dry the surrounding soil.
If trees are planted with wire baskets around the root ball, it is recommended that the top two tiers of
wire be cut and removed after the root ball is set in the planting hole.
The planting hole should be at least 3-5 times the diameter of the root ball (where possible) and the
same depth as the root ball.
Position the tree or palm in the center of the planting hole with the top of the root ball even with the
surrounding soil surface.
Backfill with soil from the planting site, if it is not contaminated. All large rocks should be removed.
When the hole is half full, slowly water to saturate the soil and remove air pockets, then continue to
fill the hole with soil. It is not recommended that large amounts of organic matter be incorporated
into the backfill. Rake the soil evenly around the entire planting area.
Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment.
B. Mulching
Mulch an area at least three times the diameter of the root ball to a depth of 2-4" with wood chips,
bark mulch, shredded mulch, leaves or pine needles. Keep the mulch several inches away from the
tree or palm trunk.
Replenish mulch as it decomposes maintaining a 2-4" layer over the life of the project.
C. Staking
Stake only if necessary; for example, if the tree or palm will not stand on its own due to potential
vandalism or strong winds.
Use flexible materials such as strapping or commercially available ties that give as the tree diameter
increases and as the tree moves. Biodegradable material is recommended.
Do not use wire even if the wire is inside rubber hosing.
Stakes and ties should remain on the trees no longer that one year to avoid girdling.
6
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.
7
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT C
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants shoUld refer to the regulations cited below to deterrrine the certification to wIlich they are required to attest. Applicants
shoUld also review the instructions for certification included in the regulations before OOIJllIeting this form. Signature of this form
provides for OOIJllIiance with certification requirements under 34 eFR Part 82, .New Restrictions on Lobbying: and 34 eFR Part 85,
'Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace
(Grants): The certifications shall be treated as a material representation of fad upon wIlich reliance will be placed wilen the
Department of Education deternines to award the oovered transaction. grant. or oooperative agreement
1. LOBBYING
As required by Section 1352. Tille 31 of the U.S. Code, and
il11llemented aI 34 eFR Part 82. for persons entering into a
grant or oooperative agreement over $100.000. as defined at
34 eFR Part 82, Sections 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
influencing or atte~ng to innuence an officer or elJllloYee of
any agency. a Merroer of Congress. an officer or elJllloYee of
Congress, or an elJllloYee of a Merroer of Congress in
ronnection with the making of any Federal grant. the entering
into of any oooperative agreement. and the extension, rontinu-
ation.renewal, amendment. or rrodification of any Federal
grant or oooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or win be paid to any person for innuencing or
atte~ng to innuence an officer or efilJloYee of any agency. a
Merroer of Congress, an officer or efilJloYee of Congress, or
an efilJloYee of a Merroer of Congress in ronnection with this
Federal grant or oooperative agreement. the undersigned shall
OOIJllIete and subnil standard Form - LLL. .Disclosure Form to
Report Lobbying: in acrordance with its instructions;
(c) The undersigned shaD require that the language of this
certification be included in the award documenls for all
subawards at aD tiers (including sUbgrants, rontracts under
grants and oooperative agreements. and subcontracts) and
thai all subrecipients shaN certify and disclose acoordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and
Suspension. and il11llemented at 34 eFR Part 85. for prospec-
tive participants in primary oovered transactions. as defined at
34 eFR Part 85. Sections 85.105 and 85.110-
A. The applicant certifies that it and its principals:
(a) Are oot presently debarred. suspended. proposed for
debarment. declared ineligible, or \IOIUntarify excluded from
oovered transactions by any Federal department or agency;
(b) Have oot within a three-year period preceding this applica-
tion been ronvicted of or had a civil judgement rendered
against them for cornrrission of fraud or a crirrinal offense in
ronnection with obtaining. atte~ng to obtain. or perforrring a
public (Federal, Slate, or local) transadion or contract under a
public transaction: violation of Federal or Slate antitrust
statutes or cornrrission of erroezzlement. thelt, forgery.
bribery. falsifica\ion or destruction of rerords. making false
statements. or receiving stolen property;
(c) Are oot presently indicted for or otherwise crirrinally or civilly
charged by a governmental entity (Federal, State, or local) with
cornrrission of any of the offenses enumerated in paragraph
(2)(b) of this certification; and
(d) Have oot within a three-year period preceding this application
had one or lTJJe public transadion (Federal, state. or local)
terrrinated for cause or default; and
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 Workplace Act of 1988, and
il11llemented at 34 eFR Part 85. Subpart F. for grantees, as
defined at 34 eFR Part 85. Sections 85.605 and 85.610-
A. The applicant certifies that I will or will continue to provide a
drug-free workplace by:
(a) Publishing a statement notifying efilJloYees that the unlawful
manufacture. distribution. dispensing. possession. or use of a
oontrolled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against efilJloYees for
violation of such prohibition:
(b) Establishing an on-gJing drug-free awareness program to
inform efilJloYees 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 OOlInseling, rehabilitation. and 9fTllIoYee
assistance programs; and
(4) The penalties thai may be ifllJOSed upon errployees for drug
abuse violations occurring in the workplace:
(e) Making it a requirement that each elf1JloYee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a):
(d) Notifying the elJllloYee in the statement required by para-
graph (a) that, as a rondition of eJ11lloYm9nt under the grant, the
elJllloYee will:
(1) Abide by the terms of the statement; and
(2) Notify the elJllloYer in writing of his or her oonviction for a
violation of a aiminal drug statute occurring in the workplace no
later than five calendar days alter such oonvidion;
29
BID NUMBER: RFP/DF-04/05-99
(e) Notifying the agency. in writing. within 10 calendar days aner
receiving notice under subparagraph (d)(2) from an efr4lloYee or
otherwise receiving actual notice of such lXlIlvidbn. Efr4lIoYers
of ronvicted efr4lloYees rrnst provide notice, induding posrtion
tille.to: Director, Grants Policy and Oversight staff. U.S. Depart-
ment of Education, 400 Maryland Avenue, SW. (Room 3652.
GSA Regional Office Building No.3), Washington. DC 20202-
4248. Notice shall inctudethe identification nurrber(s) 01 each
affected grant:
(I) Taking one 01 the following actions. within 30 calendar days 01
receiving notice under subparagraph (d)(2), with resped to any
efr4lloYee who is so ronvicted:
(1) Taking appropriate personnel action against such an em-
ployee. up to and induding temination, lXlIlsistent with the
requirements 01 the Rehabilitation Ad 011973. as amended; or
(2) Requiring such efr4lloYee to participate satisfactorily in a drug
abuse assistance or rehabilrtation program approved for such
purposes by a Federal. state. or local health, law enforcement. or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a
drug-free workplace through ifT1llementation of paragraphs
(a). (b). (c). (d). (e). and (I).
B. The grantee may insert in the space provided below the srte(s)
for the performance 01 work done in lXlIlnection with the specific
grant:
Place 01 Performance (street address. city. rounty. state. zip
axle) \ 10 II S, <Se..o..cr €. S 1- g \ vel
&S-/Y'\-hM B-eae.h
Pa:l m ~Co\Jn-kt FL 33435
Check [ ] if there are workplaoos on file that are not identified
here.
OPENING DATE: JUNE 30, 2005@2:00 P.M.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act 011988. and
ifT1llemented 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 oondilion 01 the grant. I oortify that I will not engage in the
unlawful manufacture. distJibulion. dispensing, possessbn. or
use 01 a controlled substanoo in oonduding any activity with the
grant: and
B. If ronvicted 01 a crirrinal drug offense resulting from a
violation occurring during the oonduct 01 any grant activity. I will
report the lXlIlviction. in writing, within 10 calendar days 01 the
lXlIlviction.to: Director. Grants Policy and Oversight staff.
Department 01 Education. 400 Maryland Avenue. SW. (Room
3652. GSA Regional Offioo Building No.3), Washington, DC
20202-4248. Notice shall include the identification nurrber(s) 01
each affected grant.
As the duly authorized representative of the applicant. I hereby certify that the applicant will <XJlTllIY with the above certifications.
NAME OF APPLICANT
CITY MANAGER
BOYNTON BEACH, fl
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
~
ED 00-0013
PRlAWARD NUMBER AND I OR PROJECT NAME
DATE
lo-a1-06
12198
~1'1~
(n 1'l-3{as-
CITY ATTORNEY
30
EXHIBIT A
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005@2:00 P.M.
ATTACHMENT D
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM
GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you
are applying. The proposal packet must not exceed 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 1/2" X 11 to. 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., June 30, 2005 at:
Department of Agriculture and Consumer Services
Purchasing Office - U&CF - 2005 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: Ooyn+O\')Be.o..c..h I"\emodo...\ Pc;d...k Re~s+cd-t'OY\
Proposer Name: C',+y 0 f-~o'i n-h-n Bea..c.h
Name and Title of Contact Person: Wa 11'1 tv\o.)6{S I Re.orea...+101\ W"cl.. Pa..r~~ 1::>i~edof"
Address: P. O. IDc"i. '310 BG'(n+On Be.a..th"l l=LGrida. 33435
Zip: 334~S Phone:( 5~ I ) 742 - (O;;).~5
Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes?
Yes No X
FEID Number ~- CoOOO~eJ..
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.
Title: ~
Signature: .
KURT BRESSNER
CITY M~NAr,FR
BOYNTON BEACH. Fl
Authorized Executive Officer:
Date:
b -d.-i- 05
A~.OVIED AS. TO FORM'
~ ~, lo[-L3{OS
CITY AITORNEY
31
ATTACHMENTD
PROJECT DESCRIPTION
2005 EMERGENCY HURRICANE SUPPLEMENTAL
URBAN AND COMMUNITY FORESTRY GRANT PROGRAM
The City of Boynton Beach is requesting a $89,954.84 grant from the Urban and
Community Forestry Grant program for removal of damaged trees and replacement with
native palms and trees at the Boynton Beach Memorial Park. The damage was incurred
as a result of Hurricanes Francis (Category 2) and Jeanne (Category 1 - 3).
Demonstrated Need
Storm Impact in the Project Area:
The Boynton Beach Memorial Park is a l2.5-acre municipal cemetery that is
heavily used and heavily visited. It is a perpetual care park so that long-term
aesthetics is vital. The hurricanes severely damaged all 45 of the old oak trees
causing a number of them to be hat-racked to remove the damaged vegetation.
They are unsightly and will never recover. The City would like to remove them
and replace them with native palms and accent trees.
Supporting Documents Included:
The photographs indicate the initial damage to the trees and show the trees have
leafed out after severe trimming of damaged limbs but the damage is still evident.
Well-Defined Goals and Objectives
Measurable End Results of the Project:
Objective 1 - To remove old and severely damaged trees from the City's
Cemetery
Objective 2 - To replace the damaged trees with native palms and trees
Objective 3 - To create an aesthetically pleasing cemetery for people to visit their
family members.
Long Term Management of the Project Area:
The newly planted palms and trees will be maintained by the City of Boynton
Beach through the Recreation and Parks Department and the Public Works
Forestry Division. Trimming will occur on an as-needed basis. Fertilization will
occur bi-yearly. There is an irrigation system in place. Inspections for pests and
disease will occur regularly.
Technical Correctness
Supervision and Monitoring of the Project:
Provide freshly dug trees and palms. All plants at all times will be handled and
stored so that they are adequately protected from drying out, from sun or wind
burn, and from any other adverse condition. Roots or balls of all plants will be
adequately protected at all times from sun and/or wind. Balled and burlapped
plants that cannot be planted immediately upon delivery will be set on the ground
and protected by having soil, wet peat, or other acceptable material covering the
roots or balls. No artificial (man made) materials will be used instead of burlap
and rope. The plantings will be monitored by the City's Parks Manager and the
Urban F oresterl Arborist.
Recognized Specifications and Standards to be Followed:
All materials will be of standard, approved, and first grade quality. Plant material
will be Florida Grade # 1 or better. The trees and palms will be native species.
Cost- Effectiveness
Sources of Cash, Labor, Materials and Other Resources:
Labor for watering in, irrigation repair and installation, mulching, back
filling and supervisory manpower will be provided using city staff. The
purchase of the Crape Myrtle trees will also come from City funding. The
project has been identified in the 2005-2006 Capital Improvements
Projects program.
Sources of Matching Resources:
Matching funding will be come the City's General Fund through the
Capital Improvements Program. In-house staff will be used for additional
manpower.
Partnerships Contributing to Project Completion:
The City's Youth Group invited to assist with the watering on the
weekends.
Documentation of Cost Figures Listed in the Budget Sheet:
A quote from Vila and Sons documents the cost estimates and is attached.
Tree City USA Certification
The Tree City USA Certification is attached. This is the City's 21 st year as a Tree
City USA indicating our commitment to our urban forest.
BID NUMBER: RFP/DF-04105-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT E
BUDGET
EXHIBIT B
Activity: Reforestation of Boynton Beach Memorial Park
Specific Description: Removal of damaged trees and replacement with native palms and trees
SUMMARY OF COSTS (A 75/25 match on behalf of the proposer is required).
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)
Requested Grant $
I
39,-437.50- 21, S'lo.25
Local Match $
II
1,340.00
2,000.00
2,669.40
~,040.0f) li('Xo.oO
24,461.34
68,668.84 Sf., .520
~1 ,386.08 IB1eqO
&9,~54J~4 7513"0
100%
Add columns I and \I fore total III (100%)
1~ ~ % Grant request
tb ~/o Local match
A budaet, detailina all costs identified above must be attached.
PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable)
County: Palm Beach County
Describe the Specific Location of the Project: 1611 S. Seacreast Blvd., Boynton Beach
Who has Responsibility for Overseeing Project Implementation (name and title)? Jody Rivers,
Parks Superintendent
Who has Maintenance Responsibility for the Project after Completion? Tom Balfe, Parks
Manager
Is the Land Ownership Public or Private? Public
Name of Landowner: City of Boynton Beach
Project Title: Reforestation of Boynton Beach Memorial Park
Proposer Name: City of Boynton Beach
- 37-
BID NUMBER: RFP/DF-04/05-99
OPENING DATE: JUNE 30, 2005 @ 2:00 P.M.
ATTACHMENT E (CONTINUED)
BUDGET
Please note: All proposals must include a detailed itemized budget summary which lists all
anticipated expenditures and explains all project costs. Proposals for site specific
demonstration tree planting projects must list the quantity, species, and approximate size
(container size, or caliper and height) of trees to be planted.
IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL
BE RULED INELIGIBLE
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Contractual
(Description)
Removal of Remove 45 747.50 ea ?-'{l10.. 25-
J,e37.Se-
damaged trees damaged trees
and replacement
with trees and
palms
Watering In 60 days 16 applications 5,800.00
@ 362.50 ea
Subtotal
-J9, 437. 30' -;),,1. 3Qo. 2.E
Personnel Parks $37.00/hr x 10 370.00
(list titles or Superintendent hours
positions)
Parks Manager $30.00/hr x 20 600.00
hours
Parks $18.50/hr x 20 370.00
Maintenance hours
Specialist Subtotal
1,340.00
Travel
N/A
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Equipment
(list items)
Irrigation Unknown 2,000.00
Supplies
- 37-
Cost Items Quantity Rate or Price Grant Cost Match Cost
(#) ($) ($) ($)
Supplies*
(list items)
Mulch 200 bags 4.50 900.00
Fill Dirt 60cy 29.49/cy 1,769.40
Subtotal
2,669.40
Operatinq Costs
(list)
N/A
Trees
(list species and
size)
50 Palms @ 50 Palms @
350.00 ea = 350 408.~ ea
Royal Palm 3' to 50 750.92/ea 17,500.00 2-8,840.60
4'GW I1L~. 00
Crape Myrtle 25 27 161.101ea 4,349.00
gal.
Yaupon Holly 25 18 145.13/ea 2,612.34
gal.
Subtotal
24,461.34
Overhead** * -0-
DR, '567 24- 21,386.00
Total S",520,DU Ie 84-0. 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.
*
- 37-
66/13/2005 13:47
561-795-3879
VILA AND SGl LA!' 0-:;0:'
F'AGE 132/84
PROPOSAL
TO: City of Boynton Beach
I VILA~.
,
SIll.
June n. 2005
AnN:
Jody Rivers
FROM:
Katie R. Emerson
RE:
City of Boynton Beach 1."lemorial Park
Please ac~;;pt~~~ proposal for the Removal and Replacement of tJ'&~s ~fthe
above referenced project. The cost breakdown is as follows:
Mulch
S4",508"O~;
5900-00
Trees and rabBs
Watt:ring 60 days
s.9999.88
<S 800 ,00
I
45 Tree removal
$ 35,406.90
Tntal Pro,ied
9 '..0 '~,~ A dr
S ~,81".'5 ~ I
.
~cations:
j.
. Grades to be provided to Vila & SOIl at (+/-) .10' of finished landscape
elevations free of weed~ debris and exotic vegetation.
. Clear access to all planting areas with heavy equipment, i.e. cOJtI.binatlon.
sk.id steer loader etc... shan be provided for Vila & Son.
. This proposal is based on the plant quantity provided.
. Price quoted is per specifications listed on the plant legend re8ardle:;~ of
projected availa.bility.
. Bid includes backfill for all trees. removed.
. Bid includes 6-6-6 fertili76 for all plantings.
.. Bid include,> ~akirtg and I"ying.
. Bid indudP..s l'E"moval of 4S trees.
. Bid jnd'uties :!>1:mnp pinding and hauling off site.
. Bid inchldes Eucalyptus mu.lch.
. Bid includes 60 days watering.
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I Pl~<;( not hesitate to give me a call should you have any questionJ or l'E:quire
f'urt;hCI .: :;SlstanCE:.
fE1I~ ~C-.'
Kane r ;~merson
Lands.;;).]...,; Estimator
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3 YEAR MAINTENANCE PLAN
A. GENERAL
Provide freshly dug trees and palms. All plants at all times will be handled and stored so that
they are adequately protected from drying out, from sun or wind bum, and from any other injury.
Plants will be handled only by their containers or root balls, not by stems or trunks. Trees, which
are scraped or scarred during delivery, storage or planting, will be rejected. The City will
approve the on-site storage area before the delivery of any plant materials. Any alteration of
their shape shall be conducted only with the approval and in the presence of the City.
The trees will be planted immediately after delivery. If planting is delayed more than six (6)
hours after delivery, the trees will be set in shade, protected from the weather and mechanical
damage, and roots kept moist.
Roots or balls of all plants will be adequately protected at all times from sun and/or wind. Balled
and burlapped plants that cannot be planted immediately upon delivery will be set on the ground
and protected by having soil, wet peat, or other acceptable material covering the roots or balls.
No artificial (man made) materials will be used instead of burlap and rope.
All materials will be of standard, approved, and first grade quality. Plant material will be Florida
Grade # 1 or better.
B. TOPSOIL
Topsoil will be clean, friable, fertile soil with representative characteristics of local soils. It will
be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks, brush, litter, and
any deleterious materials. There will be no noxious weeds or weed seeds (i.e., nut grass,
Bermuda grass and the like). In no case, will these be more than five (5%) percent by volume of
stones, course sand, gravel or clay lumps greater than one (1) inch in diameter. It will test in the
pH range of 5.5 to 6.75 and will contain no substance, which will impede plant growth.
C. SOIL AMENDMENTS AND FERTILIZERS
Peat moss: Peat moss will be a commercial, baled sphagnum material, free of woody materials,
minerals or foreign matter, with a pH range of 3.0 to 5.5 with texture and moisture suitable for
intended use.
Sand: Sand will be clean, uniform and free of all deleterious material.
Fertilizer: Fertilizer will be a commercial grade, granular, "pre-plant" type fertilizer. One half
of the nitrogen will be available immediately, with the remaining half and all potash to be
composed of non-leaching, coated, controlled-release fertilizer designed for sustained, slow-
release, non-burning feeding. In areas where high soil pH is a problem, fertilizers will be used
which are acid forming. Such fertilizers will contain nitrogen derived from ammonium sulfate or
will contain free sulfur. Nitrogen derived from potassium, urea, formaldehyde, etc. is alkaline,
and should not be used.
2 - 1
Agriform tablets or Woodace briquettes pf 8-2-10 will be used. Palm fertilizer to be F.E.C. palm
fertilizer with minor elements, or equal.
D. WATER
Water: All water necessary for planting and maintenance will be of satisfactory quality to
sustain adequate growth of plants and will not contain harmful, natural or man-made, elements
detrimental to plants. Watering will continue for a minimum of 60 days.
E. OTHER LANDSCAPE PRODUCTS
Mulch: Mulch will be shredded melaleuca free of foreign materials and weed seeds. Minimum
depth after settling will be 3 inches.
Stakes: Stakes will be 2" x 2" cedar or pine, lengths as shown on the drawings. If staking palm
trees, stakes will be 2" x 4" in size.
Guy Wires: Guy wire will not be used; rather black staking line will be used only if necessary,
and approved by the City.
F. PLANT MATERIALS
Quality: Trees, palms, shrubs and other plants will be Florida # 1 or better as defined in the latest
edition of Grades and Standards for Nursery Plants, (Parts I & II), Florida Department of
Agriculture and Consumer Services. The plants will have a normal habit of growth and will be
sound, healthy and vigorous. Trees will have a normal, well developed, branching structures,
and vigorous root systems, which are not root or container bound.
Balled and burlapped plants [BB or b&b] will be dug with firm, natural balls of earth, of
sufficient depth and diameter to include the fibrous and feeding roots. No exposed roots; soil
must remain around the roots. Only cut ends may be exposed if the burlap is removed. Plants
with cracked, dry or broken balls will not be accepted, nor will plants with root balls of
insufficient type.
Balled and burlapped items will only be tied with natural fibers which will decay within three (3)
months. All wire or wire baskets used in the root balls are to be totally removed at the job site
just prior to placement into the ground.
G. SOIL PREPARATION
Grading and soil preparation work will be performed only during periods when best results can
be obtained. Grading and tilling operations will be suspended if the moisture content of the. soil
is high enough that work would damage soil structure.
Tree and palm planting beds, which fall within or near parking lot areas or roadway medians,
will be completely excavated and back filled with clean topsoil. All shellrock or other base
materials, and all subsoil and debris, will be completely removed from beneath such planting
areas, to a minimum depth of 24". Any shellrock encountered greater in depth of 24" will be
perforated to the necessary depth to allow drainage of the soil.
2-2
H. PLANTING TREES AND PALMS
All excavated holes will have vertical sides with roughened surfaces and will be of a size that is
at least twice the width ofthe original plant container or ball. In all cases, the holes will be large
enough to permit handling without damage to the roots or root ball.
Tree pits will be backfilled with a clean topsoil mixture as specified elsewhere in these
specifications, plus one pound of 5-10-5 fertilizer. Palm tree pits will be backfilled with a
mixture of up to 95% sand and 5% organic material.
Trees will be set so that the top ofthe ball or the original soil level ofthe container will be two
(2) inches higher than the new final grade, with an allowance for settling.
Balled and burlapped stock will be set on a layer of 50% clean, native soil and 50% clean new
soil compacted to a six (6) inch depth. Burlap will be loosened from top of sides ofthe ball, but
no burlap will be pulled from underneath. Binding material (if any) will be removed from tree
ball. Damaged roots will be cut with clean shears. When the hole is % filled, it will be watered
thoroughly and probed with a stick to be sure that no air pockets remain.
A watering basin will be formed around each tree at least as wide as the root ball in diameter,
formed by a circular ridge of soil at least six (6) inches high. All air pockets will be removed
from soil around each tree.
All trees are to be staked or guyed as necessary. All stakes will be painted a conspicuous color
or will be flagged for visibility and public safety.
I. ESTABLISHMENT PERIOD
Maintenance of new plantings will consist of, but not necessarily be limited to, watering,
pruning, cultivating, weeding, mulching, tightening or replacing guys and stakes, resetting plants
to proper grades or upright positions, furnishing and applying sprays as necessary to combat
insects and disease, litter control, fertilizing and replanting.
Planting areas and plants will be protected at all times against damage of any kind.
Plants will receive a thorough watering immediately after planting. Afterwards, plants will be
watered as deemed appropriate depending upon weather conditions, etc.
All plant materials will be adequately fertilized throughout the maintenance and establishment
periods. Fertilizer will be applied at a rate sufficient to keep plant materials healthy.
All disease and pest control will be done under the direction of a licensed disease and pest
control operator. The City will control disease and pest infestations in the planting areas.
J. MAINTENANCE PERIOD
2-3
Maink c; ()fthe trees and palms will continue as perpetual care as part of the Boynton Beach
MCJl1l; :k's on-going maintenance. Trimming, pruning, fertilization and pest control will
occur as necessary.
2-4
Florida Department of Agriculture and Consumer Services Page 1 of 1
.. F CHARLES H. BRONSON, Commissioner FO C S CONTRACT #
The Capitol - Tallahassee, FL 32399 -0800
CONTRACT AMENDMENT
010357
Please Respond To Florida Department of Agriculture
and Consumer Services
Division of Forestry
Forest Management Bureau
3125 Conner Boulevard, C -25
Tallahassee, Florida 32399 -1650
July 6, 2007
Ms. Glenda Hall
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425 -0310
RE: Amendment of Contract # 10357.
This letter, upon execution by both parties and attachment to the original contract shall
serve to amend said contract. The contract shall be amended as follows:
Page 1, paragraph 11:
C. The Entity (Subrecipient) shall complete the project by March 31, 2008.
Page 2, paragraph 3:
The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or
before May 15, 2008.
NO OTHER PROVISIONS OF THIS CONTRACT ARE AMENDED OR OTHERWISE
ALTERED BY THIS AME , MENT.
f/t/
Mike Gresham (Si tune)
Director of Adrnmstration
Department of Agriculture (Title)
and C. umer ervices c - _ '
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/ (Con pahy)
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(Date / (Date)
F F i g a
Florida Agriculture and Forest Products
$ 87 Billion for Florida's Economy
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Florida Department of Agriculture and Consumer Services
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t.Y le%
', =f `�' CHARLES H. BRONSON, Commissioner
-'" The Capitol • Tallahassee, FL 32399 -0800
Please Respond to.
Division of Forestry
Forest Management Bureau
3125 Conner Blvd. C -25
Tallahassee, FL 32399 -1650
Telephone (850) 488 -6611
Fax: (850) 921 -6724
July 17, 2007
Ms Glenda Hall
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425 -0310
RE Contract Number 10357
Dear Ms Hall
Enclosed are three copies of an Amendment which need to be signed Once signed,
please retain one copy for your records and return the other two copies to me as soon as
possible.
Should you have any questions, please don't hesitate to call me at (850)922 -5832.
Sincerely,
CHARLES H. BRONSON
COMMISSIONER OF AGRICULTURE
1'I
Kel y B• well
Division of Forestry
Enclosures (3) w.H
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Florida Agriculture and Forest Products
$6 Billion for Florida's Economy