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2006-027 Urban & Comm. Forestry Grant - Anchorage ParkRESOLUTION 2006-27 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE VILLAGE ADMINISTRATION TO TAKE ALL STEPS NECESSARY TO APPLY TO THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CO~IQ~UMER SERVICES, DIVISION OF FORESTRY FOR AN URBAN AND COMMUNITY FORESTRY GRANT FOR ANCHORAGE PARK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach desires to apply for an urban and community forestry grant from the State of Florida Department of Agriculture and Consumer Services which would provide monies to help fund and the Village's citizen forester program tree plantings, and for other purposes; and BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA; Section 1. The Village Council supports the development of a citizen forester program to allow continuation of the Village's tree planting program. Section 2. The Village Council of the Village of North Palm Beach, Florida, does hereby authorize the Village Administration to apply an urban and community forestry grant from the State of Florida Department of Agriculture and Consumer Services, Division of Forestry for Anchorage Park in Exhibit "A" for and on behalf of the Village of North Palm Beach, Florida. Section 3. The Village Council recognizes and agrees to provide required 50% matching funding of up to $5,000 from available General Fund unappropriated fund balance upon the State's award and Village acceptance of this grant application. Section 4. This Resolution shall take effect immediately upon its adoption PASSED AND ADOPTED THIS 13th DAY OF APRIL. 2006. (VY11agE-Seal) OR ) ATTES~':- . _~ ~~~Q ~ ~~~ VILLAGE CLERK i ~ 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. BRONSGN cor4rzsszoNER Telephone: (850) 487-3727 Page 1 of 63 Pages BIDS NO. RFP/DF-05/06-95 WILL BE OPENED APRIL 14, 2006 @ 2:00 P.M. AGENCY MAILING DATE: and may not be withdrawn within 90 days after such date and time FEBRUARY 13, 2006 NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT MAY 15, 2006 BID TITLE: 2006 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME AUTHORIZED SIGNATURE (MANUAL) VENDOR MAILING ADDRESS CITY -STATE -ZIP AUTHORIZED SIGNATURE (TYPED) TITLE TELEPHONE: ( ) I cedify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same matenals. supplies or egwpment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and cert!f;~ that I am authorized to sign !his Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Req! pest for PrnpnSal i including but not limited to, certifical~on requirements. In submimng a Proposal to an agency for the State of Florida, the Proposer offers ono ayrees iiia if the Proposal is accepted, the Proposer will convey, sell, assignor transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acgwre under the AnL-trust laws of the United States and the State of Florida for pace flxrng relating to the par,~cular comrnod~t;es 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 '3 Definitions. The definitions found ins 60A-1 001, F A C shall apply to this agreement. The following additional terms are also defined. (a) "Buyer" means the entity that has released the sol~citaUon (b) "Procurement Officer" means the Buyers contracting personnel, as identified in the Introductory Materials. !~) "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 cntiral dates and actions rncluded in the Introductory Materials General Instructions. Potential respondcn's to the solici±ation are encouraged to carefully review all the matenals contained herein and prepare responses accordingly Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logicall; associated wdh the response created by the respondent within r\4yFlorida~AarketPtace The respondent agrees that the action of electrcn~cally submitting its response constitutes. • an electronic signature on the resfx~nse. generally, • an electronic signature on any form or section speafically calking for ,,ign~turc. end - an affirma_ ~c agr to ..^y statement .,cnl :,..ed ,,, (he soliatation that requires a definite confirmation or acknowledgernent 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solictation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions, • Instructions to Respondents (PUR 1001). • General Cooditio~s (PUR 1000), 2nd • 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 or a respondenrs 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 wrath a response. shall be grounds for rejecting a response. 'S. Questions. Respondents shall address all questions regarding this so6cilation to the Procurement Officer Questions must be submdted via the 08A 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 Ln a manner that a° 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 monltonng the MyFloridaMarketPlace safe for new nr charging mformat~on The °uVer Shall not he h^u.^.d ~„ ' ,grr,~ ..~:!^.,,.:l10,~ .,r h„ .. ^!eo.. ,^fOrrn3IIC.. !ha! ,., .,.....,, .^.!ai.^.~d ... i!-:.. ~. the solicitation documents or formally noticed and issued by the Buyer's contracting personnel Questions to the Procurement Officer 8. or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation. a process addressed ~n paragraph 19 of these Instructions Conflict of Interest. This solicitation is sub)ect 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 vrho owns, directly or indiredty, an interest of fve percent (5%) or more in the respondent or its affiliates. Convicted Vendors. A person or affiliate placed on the convicted vendor I~st following a conviction for a public entity came 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 (525,000) provided in section 287.017 of',he 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 cor,struct~on 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, ui consultant under a contract with any public entity; or tra neact husrnPSC wife anv nnhlir Pnfiiv Respondent's Representation and Authorization. In submitting a response, each respondent understand3, rapresents end acknowledges the following (ii the respondent cannot so certify to any of following. the respondent shall submit with its response a written expianaliun o1 why ii cannot do so) • The respondent is not currently under suspension or debarment by the State or any other governmental authority. To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under inveshgahon by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by !a~.v in anyjurisdiction, involving conspiracy or collusion with respect to bidding on ar,y public contract. . To the best of the knovedge otthe person signing the response, the respondent has no delinquent obligations to (he State, including a claim by the State for liquidated damages under any other contract. he submission is made in goad faith and not pursr_rant 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 soliatalion opening. The ,.,sper,dcnt has fully informed the Buyer in .•,.,.~g cf all convictions of the frm, its affiliates (as defned in section 287 133(1)(a) of the Florida Statutes). and all directors, officers, and employees of the frm and its affiliates for violation of state or federal antitrust laws wdh respect to a public contract for violation of any slate or federal law involving fraud, hribery, .,I!usion., conspiracy a .,~ateral ni;~,eµesenta(ion :pith respect io d uubiic euoiidci i frig includes discluswe of iiie names of CuirBlit crilplvycc~ wriu •.ti•ere COilvr„ieii Oi i;0ilildci erlrir b5 wi ilia in the employ of another company. • Neither the respondent nor any person associated with it in the capacity ofowner,pgrtner, director, officer. principal, irnesligator, 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. commissron 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, mak~no false statements or receiving stolen property, or o Has within athree-year period preceding this certification had one or more federal, stale, 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. • A,II !nfn RnaQnn prpuiried h~i and rapraco of arinr~c m,arla by IhA respondent are matenai aria important and vnu oe cooed upon by the Buyer in awarding the Contract. Any misstatement shall be ticaicd as fraiidUiErli i,GrlGBalmciii frurii fife ouyer of file 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 al any time whether the product qualifications. or facilities offered by respondent meet the Contract requirements. Respondent shall at all times dgring the Contract term remain responsive and responsible Respondent must be prepared. if requested by the Buyer, to present evidence of experience, abiiiiy and financial standing, as welt as a statement as to plant, machinery, and capacity of the respondent for the production, distnbu6on, and servicing of the prnrlrirt bid 11 the gu•,a• determiners fh=r rho conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, finanaal standing, or facilities are not satisfactory, or that perfnrmance is untimely, the Ri_iyer may reject the response or terminate the Contract. Respondent may be disqualified from recewing awards ii 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 Timel~r,e Respondents may, but are no; required to, attend. The Buyer may choose not to announce paces or release other materials pursuant to s 119 07(3j(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior (o the solicitation opening If you are hearing or speech impaired. please contact fhe Buyer by using the 1 loridu °clay Service al (80u1 933-877 i (TC~u) 12. Electronic Posting of Notice of Intended Award. Based on the evaluallon, on the date indicated on the Timeline the Buyer shalt electronically post a notice of intended award at hltpi/fen state (l uslowa vbs/owaNbs vvww 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 dale for posting the notice of intended award Any person who is adversely affected by the decision shall file vnth the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 13. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 14. 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 rejectron of the response 15 16 17 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technically, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submdted in the manner specfied by the solicitation documents. Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. Contract Overlap. Respondents shall identify any products covered ^•; 'h.,, .,c!icitoCon that they are c;, ,~.,'!y..,.",h^„~ed to furn!sh under any state term contract. By entering into the Contract, a Contractor authon~es the Buyer to eliminate duplication between agreements ~n (he 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 1 19.07 of the Florida Statutes If a respondent believes that its response contains information that should not be a public record, the respondent shall clearly segregate and mark that information (tor example, placing the material in a separate electronic file, and including the word "Confidential" m the filename) and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 19. Protests. Any protest concerning this solicitation shall be made rn 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 shalt not constitute formal notice of a protest It is the Buyers in(ent 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 fie a protest within the time prescribed rn 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 constitrrte a waiver of proceedings under Chapter 120, Florida Statutes ' DOES NOT APPLY TO THIS AGENCY. PLEASE REFER TO SUS/r?ISSION INSTRUCTIONS IN THE B1D DOCU/v(ENT. DOES NOT APPLY TO THIS AGENCY. PLEASE REFER TO SPECIAL CON'GITIONS IN THE B1D DOCUMENT. (PUR 1001 - 60A-1.002(7(, F.A.C.) GENERAL CONTRACT CONDITIONS Definitions. The definitions contained ins 60A-1.001, F.A.C. shall 3. apply to this agreement The following additional terms are also defrned (a) "Contract" means the legally enforceable agreement that results from a successful soliatation The oarties to the Contract will be the Customer and Contractor. (b) "Customer' means the State agency or other entity that vvill order products directly from the Contractor under the Contract. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e g , a formal whiten 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 Gon[raa or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and sol~cita6on terms and conditions Any discrepancy between the Contract terms and the terms stated on the Contractor's older form, conflrrnai~on, 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 rc nwrements of suboaraoraphs rat through(~Iherec' :;ustomersshalldesignateac~.,,,...,,.,o,,oge, and a contract c„,.,.,,,c,.-a.o. as required by ,,,~;,:,.-,..~. s _.: :, .. ~ ::; a.-.,. !16) of the Florida Statutes. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product al the time of the order, unless the Customer specifically requests m writing an eadier model or version and the contractor is willing to provide such model or version. Price Changes Applicaoie only to Term Contracts. If this is a tenr~ contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional -discounts for one time deliveryof large single orders. Customers should seek to negotiate additional price concessions or. quantify purchases of any products offered under the Contract. State Customers shall document their tiles 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 d15CreliOn Of the CUSIOmef the pace Under the Contract shall be immediately reduced to the lower pace. (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. (21 prpdi rte ~n~in lyed, =rid ('+) ^romotional prices compared to rnar,. aiithpri~Pri n:;~^_uc. Prmm~tlOnal Prices shau Fja ayatlanF to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion 5. 10 i1 12. (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. Fur State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pncing i1 pncing or availability of supply is affected by extreme and unforeseen volatility inthe marketplace, that is, by circumstances that satisfy all the following criteria- (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. Additional Quantities. For a period not exceeding ninety (90) days from the dale 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 al the prices submitted in the response to the solicitation. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the dppll(;d Ule Jpel:ll l(;d rIUiIJ. I fIC VOnti d(;lUl Jlld 11 UCrrlUflSlra lC comparability, including appropriate catalog materials, literature, specificatio,. rest dal°, °Ic The Custer,..., slier!; determine in its sole discretion whether a product is acceptable as an equivalent. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time wdh prior notice, the equpment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropnale State Inspector. Acceptability customarily requires, at a minimum, identification marking of the appropnale safely standard organization, where such appro,~als of listrngs have been established for the type of device offered and furnished, for example. the American Society of Mecharncal Engineers for pressure vessels, the Underv.-n.!ers Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies, and the Amer,can Gas Assoaation for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution Americans with Disabilities Act. Contractors should Identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. Contractor suspension 13. Installation. Where instaL'ation is required, Contractor shall be responsible for placing and Instaiiing 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 cleady 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 ?he product er render rt structurally or operationally unsound. Installation includes the furnishing of any equipment, egging, 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 installaton by Contractor cr Its employees a agents. I` any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original conddion. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideraUOn of others on site Upon completion of the installation, the location and sunounding 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 he responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shat! record any evidence of visible damage on all copies of the delivering carrier's BIII of Lading: report damages to the career 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 shalt 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 ft~o dispose of it as its ov/n property. Contractor shall icliilburSe the I~USIVn-IG ful ~OSiS diiu ctipci-IScS ii i~u~ icu nl SiUiuly Ji effecting removal or disposition of rejected product. 15. Transaction Fee. The State of Florida has instituted MyFlondaMarketPlace, astatewide eProcurement System ("System') Pursuant to section 287 057(23), Florida Statutes (2002), ail payments shall be assessed a Transaction Fee of one percent (1 0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A 1.032, F A.C Literature. Uuon request, the Contractor Shaii (unlisil literature reasonably related to the product offered, for example, user manuals. pace schedules, catalogs, descriptive brochures. etc. 16 Transportation and Delivery. Prices shalt include all charges (or packing, handling, height, distribution, and inside delivery rransportatien of goods shall he FOB Destination to any pornt within „iy ;~:) __ di rr the Customer plar_ec an Older ,, - .. .. ave !5'~ Erys afar ec~iving a - .~cll=.. ..-~. -. _. Customer of any potential delivery delays. Evidence of inabli~ty or Intentional delays shall be cause for Contract cancellation and For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be aufomalically deducted from payments to the Contractor. If automatic deduction is not possible. the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments. Contractor certifies their correctness NII SUI.I'I IeflUrt$ allU pa yl(ICntS JIIGIi UC JUUiCU W dUVJI Uy ii Ic .~io ie ur Its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the ConVactcr ihrcugh no fault ct, or omission of the Con.. ,., Notwithstanding the foregoing. a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractors failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constrtule grounds for declaring the Contractor in default and recovering reprocuremenf costs from the Contractor In adddion to all outstanding fees CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. Invoicing and Payment. Irn~oices shall contain the Contract number, purchase order number. and the appropnale vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any punt-lase nrr1P~ nlarPd i Indar the Contract At !h'_' `!???'c nptlnn I_ nnfra rte rc m,av ha rFn~grad tO lnNpire eleri -n,llCdl!;~ Cu-S ~!l1 ip nJirl ajina~ ~;i i~ Department of Managemern Services Curren! guidelines require teat Contractor supply electronic Invoices in lieu et paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the ,4nba Supplier Network (ASN) in one of the following mechanisms - ECI 810, cXML, or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215 422 and 287 0585 of the Flohda Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Fhday to inquire about the status of payments by State Agencies The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other spedal contract condition 18. Governmental Restrictions. Ii the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or pedormance 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 Stale. 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 violatiuri of a known legal duty. or (2) o`fer, give, or agree to Give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2) "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts. meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, orother authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at http //dlis dos.state fl usibarm/genscheduleslgensched htm) The ConVactor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized Slate official for investigations of the Contractors compliance with the terms of this or any other agreement behveen 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 Contractors suspension or debarment. and costs of every name and description. including attorneys' fees, arising from or relating to violation or infringement of a trademark.. copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customers operation or use of Contractors 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 opirnon 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 aI Contractors 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. <'2 23. 20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents.. and employees. from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in pad by 24 Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnity for tPiat ~~uition of any loss or damages proximately causeu uy the !ieyiiger!t ant ui umi~,si:~n ut life State or a Cusiumei Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect. porn;ive, or consequential damages. including f„„ „~ a .,~ r,, ,,,.~_ (unless the purchase order regwres the Contractor to back-up data or records), even it the party has been advised that sur_h damages ara 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 er equity and open 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?Ire State. Suspension of 'dJork. Tfie Customer may in its suicuisc~e(ion 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 fimited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply v.^th the notice and shall not accept any purchase enders. 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 Ume activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 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 Sta!e's interest to do so. The Contractor shalt not furnish anv oroduct after it receives the notice of termination, excep( as necessary ;c complete the continued portion of the Contract, if any The Contractor shall not be eriliiled to recover any cancellation charges or lost profits. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in iheContract orany extension, (2) maintain adequate progress. fiius endangering performance of the Contract, (?) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensrng requirement. Rule 60A-1 .006(3), F A.C., governs the procedure and consequences of default. The Contractor shall conlrnue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs d the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. Ii 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 vnthout 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 (he 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 m this clause are in addition to any other rights and remedies provided by law or under the Contract. 25. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform d neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case o1 any delay the Contractor believes is excusable, the Contractor shall notify the Customer in venting of the delay or potential delay and describe the cause of the delay either (1) wthin ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other Than for an extension of lime, snali oe assenen aoainsr tnP i :! isrnmer The Contractor shall not be entitled to an increase in the Contrac( price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs pf 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 cos(, unless the Customer determines; in its sole discretion, that the delay will s!gnifcantly impair the value of the Contract to the State or to Customers.. in which case the Customer may (1) accep( 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 Con(racrnr far the related costs and expenses) to replace all or pad of the products that are the subject of the delay, which purchases may be deducted from (he Contract quantity, or (3) terminate the Contract ~n whole or in part. 20. 27 Scope Changes. Tile Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract speafications, provided that such changes are within the genera! scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the ccst 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 b!ds to satisfy them. limited to menUOning the Contract rn a press release or other promotional material, identifying the Customer or the State as a reference. ur otherwise finking the Contractors name and either a description of the Contract or the name of the State or the Customer in any material published, either in pant or electronically, to an.y entity that is not a party to Contract, except potential or actual authorized disthbutors. dealers, resellers, or service representative. 29. Assignment. The Contractor shall act sell, assign or transfer any of its rights, dunes or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior wnnen 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 lawn.' ;if the U!'iied Stales and the Slate. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract vsth prior written notice to Contractor of its intent to do so 30. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customers decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution, provided, however, that the parties may employlhe alternative dispute resolution procedures outlined in Chapter 120. Without limding 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 rn Leon County. Flonda, in any such action, Flonda law shall apply. The parties waive any right to jury trial. 31. Employees, Subcontractors, and Agents. All Contractor emnlnyees suhcnntractnrs, nr anentc nerfnrmin~ work- imriar the Contract shall be properly trained [ecnnicians wno meet or exceed any speafed training qualifications. Upon request, Contractor shall fu~miSh~ wpy of tEC`niCal Cc~iiflCativ i vi Othci prvv'f vi y'uali`Caiiuii All employees, subcontractors, or agents performing work under the Contract must comply with all security and admirnstrative requirements of the Customer. The State may conduct, and tl!e Cur~iiactui si!aii cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor- The State may refuse access to, or require replacement of, any personae! 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 apprn"al shall not relieve the Contractor of its obligation to perform 2~i work in compliance with the Contract. The State may reject and bar from any tacility for cause any of the Contractor's employees, subcontractors, or agents. 32. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may nn! exceed 3 years or the term of the contract, vvh~chever nenod ~s longer Any renewal shall specify the renewal price, as set forth in the >olicitation response. The renewal must be in venting and signed by 33 both parties, and is contingen( upon satisfactory performance evaluations and subject to availab!lity of funds. :.dvertisii,g. SiibjeCt io Chapter i 19: FIOi ioa Siaiuies ih~~ i-:~~ ~~_(~.r hat -col pubis;, y ::. ~,.. ~ ~lriale any iilfomloiiu" w~cc~. ~ y i ~= ~, ai;i without poor written approval from the Customer, including, but not Security and Confidentiality. The Contractor shall comply fully wrath all securry procedures of the State and Customer rn performance of the Contract. The Contractor shall not divuloe to third oarties anv confidential information obtained by the Contractor or its agents, disthbu(ors, resellers, s~_,bcon±ractors. officers or employees :n the course of pedorming Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possess!on of the State or Customer The Contractor shall not be required to keep confidential information or rnalenal that is publicly available through no fault of the Contractor, material that the Contractor developed independently vnthout 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 Contactor shall take appropriate steps as (e i(s personnel agents and suhrnntractors The warrant!es of th!S paragraph shall survive the Contrail. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contra r}nrc cmpln~inac cyhrnnirart`r~ a.'1C'. Otf18r age nt~ are n')! ~m,,loyr , ~` its .-!~ e of Florida. Such actions mC.iude in,l ~~? nut ~.. ~ ~~ ~~g . ~, ~ ~ ,t-artor dn~ployees, ~ubcc ~tracto s, aria other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other BID NUMBER: RFP/DF-05/06-95 than the Stale of Florida. 34. Insurance Requirements. During the Contract term. the Contractor at rts sole expense shalt provide commeraal insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providmy 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 tf~rsugh insurers authorized or eligible to write policies m Florida. 35 36. 37 38. 39 Warranty of Authority. Each person signrng the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 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 m any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations The Contractor warrants that nedher it nor any affiliate is currently on the convected vendor list mairriained pursuant to section 287.133 of the Flonda 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. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delwery to the agency designee identified rn 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 venting, if someone else is designated to recewe notice. Leases and Installment Purchases. Prior approval of the Chief Financial Officer las defined in Section 17.001, F S) is required for State agencies to enter into or to extend any lease or ~nstallmeM- purchase agreement in excess of the Category Two amount established by section 287 017 of the Flonda Statutes Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the soliatation "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 ~denhfied under Chapter 946 of the Flonda Statutes (PRIDE) in the same manner and under the s roe procedures set f„.,h ir. , .,,,.,~ ~ 046.515(2; and ;4) o` (he Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying cut 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 rt offers ~s available at http l/www pndefl corn OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Handicapped that is qualified pursuant to Chapter 413. Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Flonda 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 Stale agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http /lvvvwv respectofftorida org 41. Modification of Terms. The Contract contains all the terms and condd~ons agreed upon by the parties, which terms and conditions shall govern all Transactions between the Customer and the Contractor The Contract may only be moddied or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e g ,attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by theContradorforpayment. The Customers acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conddions 42. Cooperative Purchasing. Pursuant to their own governing laws. and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor. and Customer shall not be a party to any transaction between the Contractor and any other purchaser. Stale agencies wishing to make purchases from th!s agreemen! ere requiredto followthe provisions of s 287 042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestors use of the contract is cost-effective and in the best interest oithe State d3. 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 (hereof or the exerese of any other right 44 45. 46 40. Products Available from the Blind or Other !-!andicapped. Sec!ien 4 i 3.036(3). F.S. regwres the following statement to be included in the solicitation. "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, (his contract shall be 47 purchased from a nonprofit agency for the Blind or for the Severely Annual Appropriations. The State's performance and obligation to pay under this contract are cdnhngenl upon an annual appropriation by the Legislature. Execution in Counterparts. The Contract may be executed rn counterparts, each of which shall be an original and all of which shad constitute but one and the same instrument Severability. If a court deems any provision of the Contract void or unenforceable, that provision"shall be enforced only to the extent that rt is not m vioiaUon of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect Special Conditions. Pursuant to 60A-1 002(7), F A C , a Customer may attach additional contractual and technical terms and conditions. These "speaal conditions" shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. TNIS COA~DIT'lCfd lJOFS hrC%T AFPLY TO F.HrS ftGCi~~CY. (PUR 400D - EOA-1.002(71, F.P.~J BID NUMBER: RFPIDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. CHECKLIST 1 . The entire Request for Proposal (RFP) has been read. 2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Page 1 of ') is cc~ ~ ~pleted 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. In Category 2, Demonstration or 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. For site specific projects (example: demonstration projects) along roadways, please provide on page 2 of the Proposal form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a slash (/), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers you are oivino. 7. In conformance with Section 481 .329(71. 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. Conflict of Interest Statement (Attachment B) is completed and signed. 9. Urban and Community Forestry Proposal form (Attachment D) is completed and signed (one original and tive copies including all attachments). Detailed itemized budget summary (Attachment E) is completed. i 0 Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters: and Crug-Free Workplace Requirements (Attachment C) is completed and signed. 11. One (1) original and five (5) copies of the proposal package have been submitted. BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. REQUEST FOR PROPOSAL 2005 NATIONAL 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. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one original and five copies) of the proposal including all attachments. a. These should be printed/copied on one-side only and must not exceed thirty (30) pages, including attachments. 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 paper clips, rubber bands, plastic binders, folders or envelopes d. All signatures on the "original" must be in blue ink. e. Alternate propcsals must be submitted in separate erwelcpes 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 he cnmplete~! 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. Urban and Community Forestry Grant Proposal Form (Attachment D) -Proposers must use this form. It must not be altered in format or content. This form must be completed in its entirety; the first two pages and the project description (two page maximum), and a detailed budget. a. Up to five (5) letters of local support may be included as part of the proposal; at least three (3) letters are recommended. Letters of support delivered separately will be ruled ineligible. b. The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals will cause the proposal to be ruled ineligible. Budget (Attachment E) - P!!ust be con,~pleted ire d~~tai!. BID NUMBER: RFPlDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. TABLE OF CONTENTS Request for Proposal -Form 1001/1000 Instructions to Respondent's and General Contract Conditions Special Terms, Conditions, Specifications Attachment A - Notification of Vendor Ombudsman's Name and Telephone Number Attachment B - Conflict of Interest Statement Attachment C - Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements Attachment D - Urban and Community Forestry Grant Proposal Form Attachment E - Budget Attachment F - Example Urban and Community Forestry Grant Proposal Attachment G - Example Urban and Community Forestry Grant Resolution Attachment H - Draft Urban and Community Forestry (U&CF) Grant Memorandum of Agreement (MOA) Attachment I - Draft Urban and r_.nmmunity Forestry (l_IRrFI Grant Maintcnanrg ~Aem~ranrj~imn,f Agreement (MMOA) Attachment J- Allocation of U&CF Funds Attachment K - Division of Forestry Local Contacts BID NUMBER: RFPIDF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. REQUEST FOR PROPOSAL DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 2006 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS INTRODUCTION Urban and Community Forestry (U&CF) grant funds provided through the USDA Forest Service are administered in each of the fifty states through the office of the State Forester. The State Foresters provide national leadership for the implementation of U&CF programs at the state level. The National Association of State Foresters works closely with members of Congress, National Conservation organizations and its federal partner, the USDA Forest Service, to provide for adequate Urban and Community Forestry funding, a responsible national U&CF policy and progressive action to manage and replant our nation's community forests. The growth of our national population and the accompanying development of urban centers and the surrounding rural areas has resulted in the continual loss of natural areas and tree cover. Trees provide many benefits to people living in cities and towns including energy conservation through shade, wildlife habitat, decreased storm water runoff, cleaner air, production of oxygen, removal of carbon dioxide and increased nrnnar~~i ~iaiUec It is through these and other benefits that trees contribute to the health, safety 3^d ~.°!fure of people living in cities and towns. Studies have shown that in our cities more trees are removed than are planted and that the average iifespan of a tree in inner city areas is only seven years. ~URF~Si= The purpose of Florida's U&CF Grant Program is to provide financial assistance to local governments, Native American Tribal Governments, volunteer groups, non-profit organizations and educational institutions to initiate or enhance local urban and community forestry programs and improve the urban environment within the State of Florida. The State of Florida anticipates an allocation of $300,000 for fiscal year 2006. The primary purpose of the U&CF grant program is not beautification through tree planting, but to develop and enhance !'than and Community rorectry programs. Total funding available for demonstration or site specific tree planting projects is limited to 20% of available funds ($60,000) and tree planting projects are limited to a maximum award of $10,000 per applicant. The U&CF grant program is intended to help local governments, Native-American Tribal Governments, volunteer groups, non-profit organizations and educational institutions get programs started and is not meant to be a continual funding source for staffing. The U~CF grant will only fund staffing for three grant years except for programs that are determined by the Department to be statewide in impact. Beginning in Fiscal Year 2006, the US Forest Service has directed the Florida Division of Forestry to focus on assisting communities to strengthen their urban forestry programs in the following four core areas: Active involvement by community tree boards or citizen tree advisory groups. Development of urban tree management plans based on current inventory data. ~ D. iat m. ~.~ 4. i n i ..+ a ,-,c~,~ r1 "ftj ~_;~t n . ~. _•y qua~ified prcfessio ai air::. ... ... i0 2.1 _ :S• ~ t1 BID NUMBER: RFP/DF-05!06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. 4. Development and improvement of a tree ordinance that will enforce community tree care standards. Addressing these four areas will involve education of citizens, local officials, and tree care professionals. Encouraging volunteer and citizen's group participation in these activities is also a key to program success. Some demonstration areas to show good urban forestry practices are also helpful, and will be funded to a limited extent under this grant program. Copies of the Urban and Community Forestry Grant Frogram Request for Proposal may be obtained by contacting: Department of Agriculture and Consumer Services, Purchasing Office, Mayo Building, Room SB-8, Tallahassee, Florida, 32399-0800, (850) 488-7552. SCOPE Florida's Urban and Community Forestry Grant Program is part of the Forestry Title of the 1995 Farm Bill passed by the 107th Congress. Florida Statute (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments within the State of Florida. DEFINITIONS For the purpose of this Request for Proposal (REP): 1 . "Applicant" means a local government, aNative- American Tribal Government, a legally organized nonprofit oraanization or an educational institution si,hmitting a proposal for federal funds iinrler this grant program. 2. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments and supporting documentation not to exceed a total of 30 one-sided pages; including maps and plans. 3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her designee responsible for all forestry activities within amulti-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. v. "Department" or "FDACS" means the Florida Departr7~ent of Agriculture and Consumer Services, an agency of the State of Florida. 7. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to coordinate implementation of the grant program. 8 "URGE Subcommittee" means the subcommittee assigned by the State Ferester to score and rank the qualifyir:g proposals. 9 "Local Government" means a county government, a municipality (an incorporated city, town. or village), a school board district or an independent special district. ~~ ::"J. -(%iC~%... Urgani~aiivri iii~=onj an OrganizatlOn '~NhiC.ri ii ±S filEia' ail appilCati0i" V:~i't!, the CeGletary Of ~'.-.. , of Florida for nonprofit corporate status pursuant to Section 61 i ,Florida Statutes, and has been issued a Federal Employer Identification Number by the Internal Revenue Service. ,~ BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. 11 "RFP" means Request for Proposal. 12. "State Forester" means the Director of The Division of Forestry. 13. "Statewide Project" means a project that impacts the whole state or one that implements specific activities in all three regions of the state as determined by the Department. 14. Non-federal public property means public property owned by state or local governments or Tribal governments. ELIGIBILITY REQUIREMENTS 1 . Qualified applicants are limited to legal nonprofit organizations, educational institutions, local governments and Native-American Tribal Governments. 2. Grant requests may not exceed $25,000. Maximum grant award to a single applicant is $25,000. The minimum grant amount that may be requested is $2,000. 3 The maximum grant award for a Category 2, Demonstration or Site Specific Project is $10,000. 4. The maximum grant award for a Category 4 grant (Information and Education) is $10,000. 5. Grants are for projects not currently budgeted, and may not be used to replace existing commitments. GRANT CATEGOR{ES There are five grant categories: 1. Local Governmen± Program Development cr Improvement 2. Demonstration or Site Specific Projects 3. Non-Profit Administration 4. Information and Education 5. Urban Forestry or Arboricultural Training Category 1: Local Government Program Development or Improvement Qualified Applicants: Local Governments, Educational Institutions and Native-American Tribal Governments Only This category is characterized by programs that focus on improved technical assistance in Urban and Community Forestry. Priority will be given to projects which initiate community forestry programs or enhance a local government's ability to develop and maintain a comprehensive tree management program. Projects must yield tangible results which provide a basis for accelerated Urban and Community Forestry programs. A resolution by the applicant is required which states that they concur with the proposal and will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution must be submitted as part of the proposal packet). Maximum grant allocation is $25,000 in this category, which decreases to $15,000 the second year and $10,000 the third year. `~ubcate. oc~ ries: . Ordinance development or revision - it?c!udes costs assoc,ated :^Jlt{? reprodUCt!Or?, mailing or consultant fees 10 dauelnp nr rPVi~a a Tree Prnt~=~.ti~n ' )rr~in~~-::~._. ?. Tree Inventories -for the development of a local tree inventory/Fazardous tree irwer~tory on non-federal is BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. public properties (includes parks, rights-of way and preserves). This can include the purchase of hardware, software and field data recorders, as well as fees paid to vendors to conduct the inventory. 3. Management plans -for the development of a management plan for the protection, preservation or maintenance of urban trees on non-federal public properties. 4. Master plans -for the development of a local master plan, which addresses existing trees and proposed additions to the vegetative canopy on public properties. 5. In-house training -for the development of (or improvement of) an in-house Urban and Community Forestry training package. 6. Staffing -for the employment of an Urban Forestry professional, technician or consultant. The U&CF grant is to help local governments get programs started and is not meant to be a continual funding source for staffing. Staffing is limited to three grant years of funding from the U&CF grant unless the project has statewide impact. Cost limits are described above. 7. Student internships -for the employment of a student intern in Urban Forestry or a student from a related field of study for the development of or improvement of an Urban and Community Forestry Program. 8. Equipment -for the purchase of any related equipment which will improve an existing Urban and Community Forestry Program (example: water wagons or water trucks, tree spades, green house equipment, shovels, hoses, etc.) Category 2: Demonstration or Site Specific Proiects Qualified Applicants: Local Governments.. Native-American Tribal Governments, Nnnprnfit Qrgani~atinnc and Educational Institutions This category is typified by the actual implementation of examples of applied urban forestry principles. Highest priority will be given to the application of techniques which are highly visible and demonstrate correct Urban Forestry principles. Species diversity, native species and site limitations should be considered when planning a project. Total grants in category 2A (site specific tree planting projects) will not exceed 20% of available state funds. All plant materials must meet the Division of Plant Industry's standards for a Florida Grade #1 specimen or be of equivalent or better quality. Proposals must include a three (3)-year maintenance plan at the grant recipient's expense. Maintenance costs incurred after certification by the Division of Forestry are ineligible for reimbursement. A resolution by the owner of the property must be included in the proposal packet which states that they concur with the proposal. A Grant Maintenance f~lemorandum of Agreement must be signed by the grant recipient if awarded a grant. No more than ten percent (10%) of the grant funds may be budgeted for personnel costs in this category. Category 2 proposals must be for planting trees on non-federal public land or tribal community property. Proposals which fail to comply with this requirement will be ruled ineligible. Planting sites must be located in areas where the plantings will achieve the goals of this grant program. Subcategories: Demonstration tree/palm planting projects an Public Property -for the development and installation of tree/palm planting projects which demonstrate urban forestry principles. Projects can demonstrate "right tree -right place" utility line compatibility with appropriate species. energy conservation considerations, improvement of entranceway or gateway beautification, street tree plantings, park tree plantings or tree F1latllln`y fOS ti1~ enCOUi~~Cemera Or support o. Cvn. ml% ii.`~~='i"~;~ ~~^i. r _...._.3 niay O ~I~~~ r~:- iiSed iOr pUlGllcdSe clflU t.ildniing iJl treesipaims. Purchase any piant~ng of shrubs and ground covers ~n conjunction with the tree planting may only serve as a matching cost, and as such cannot be reimbursed. The 1d BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. maximum grant award for demonstration tree planting is $10,000. A 60-day "grow-in period" is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The proposal should state how the trees will be watered and cared for during the grow-in period. Priority for these funds shall go to smaller, rural communities or underserved neighborhoods in larger cities. Tree Planting Requirements: 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). Trees may not exceed a 4-inch caliper. Palms may not be taller than 16 feet, clear trunk. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. 4. At least three tree species native to the area and suitable for the site and objective must be planted . 5. Up to ten percent (10%) of the grant award may be used for the purchase and/or installation of irrigation equipment or an irrigation system. 6. Trees listed on the Exotic Pest Plant Council's MOST RECE~iT list of Florida's Niost invasive Species may not be planted as any part of this grant program; on the Internet at (www.fleppc.org ). 7 Maximum allowable cost per tree or palm is a3~0.00 for purchase and planting. o. V'Jritten approval is required (as part of tl~e proposal) from the Florida Gepartrnent of Transportation for planting and maintenance on the state right-of-way. 9. Successful applicants will not be reimbursed for the purchase of multi-stemmed trees without prior approval from the Urban Forestry Coordinator. 10. 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. 11 . Up to ten percent (10%) of the grant award may be spent on cite-nrPparatinn oosts dirPrtl~, related to the tree planting. 12. Successf!~I applicants may rent equipment with which to plant the trees or palms. The maximum allowance is ten percent (10%) of the grant award. 13. Proposals must include: (1) 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, (2) a location map, and (3) a minimum of three color photographs of the planting site. Demonstration tree protection projects -for the development and installation of a demonstration tree protection project. Funds are for the purchase of materials, rental equipment, labor costs for installation and associated interpretive (educational) materials. The maximum grant award for a tree protection demonstration is $10,000. Demonstration maintenance projects -for the demonstration of correct; pro per tree maintenance techninu~~s that in~,prove !urban and community forests. The n~:,xin,um grant a~~;~~rd fGr Demonstration maintenance projects is $10,000. 'E 5 BID NUMBER: RFP/DF-05106-95 Category 3: Nonprofit Administration Qualified Applicants: Nonprofit Organizations OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. This category provides funding for personnel costs only and is intended to help volunteer groups, nonprofit organizations, and volunteer tree advocacy groups become more effective in their ability to support and promote local tree management programs. Primary emphasis will be on assistance with administrative staffing and funding that will allow the organization or group to improve and!or develop Urban and Community Forestry programs through citizen involvement. A resolution or letter from the president (or a representative authorized to enter into contract agreements) must be included in the proposal packet stating their concurrence with the proposal. Six-month progress reports will be required for the duration of the grant. Maximum grant allocation in this category is $25,000. Subcategories: Staffing -for the employment of additional staff member{s) or to increase the number of hours of an existing local program manager or administrator on the staff of a local non-profit volunteer group. Grant funds may not be used to pay salaries/benefits for an existing full-time position. The U&CF grant is to help nonprofit organizations be more effective and is not meant to be a continual funding source for staffing. Grant awards for staffing of either local government programs or for non-profit administration (categories 1-E and 3-A, respectfully) are limited to three years, unless the project has statewide impact as determined by the Department. Funding is not guaranteed beyond one year at a time. Maximum grant award for professional new staffing positions under categories 1-E and 3-A is as follows: First year, $25,000; second year, $15,000; third year $ i 0,000. student internships - for the employment of an intern student in Urban and Community Forestry (or another related field of study) to assist with the development or improvement of an Urban and Comm~inity Forestry program. NOTE: The proposed goals and activities of these staff members must be consistent with the goals of this grant program. Category 4: Information and Education i~uaiitied Applicants: Local Governments, Native-American Tribal Governments, Nonprofit Organizations and F_ducational Institutions This category is provided to encourage local governments, nonprofit organizations, and educational institutions to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos) for distribution to the general public, or to cost-share seminars, training sessions and workshops on Urban and Community Forestry topics. The emphasis here is on informing and training the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology transfer). The maximum grant award for this category is $10,000, and the minimum $2000. Grant Bands may not be used for personnel costs in this category. Subcategories: Educational programs -for the exhibition, purchase or development of materials for the benefit of public education in Urban and Community Forestry. Arbor Day Programs -for the development, planning, advertising and organizing of a local Arbor Day J y ~ G~ i~. ,e BID NUMBER: RFPIDF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Workshops/Training Sessions/Conferences/Seminars -for the support and organization of public programs which benefit Urban and Community Forestry. Costs may cover mailing, speaker's travel expenses, audiolvisual equipment rental and related expenses. 4. Youth programs -for the development and production of Urban and Community Forestry Programs which will involve/benefit young people, K through college level. 5. Public service materials (PSA development) -for the development of or purchase of public service programs, videos, or slide shows which educate the public in principles of Urban and Community Forestry. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). 6. Volunteer training -for the development, production and presentation of an Urban and Community Forestry Training Program to interested volunteers, individuals or organizations. 7. Brochures -for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure stressing the importance of any aspect of Urban and Community Forestry and the principles involved. Those desiring brochures are encouraged to utilize existing brochures, if brochures exist, and apply for funding for the purchase and distribution of brochures. 8 Exhibits -for the purchase of or design, development and construction of an educational/informational exhibit which promotes the principles of Urban and Community Forestry. 9 `~^Jildfire Safety/"Fire Wise" Promotion- for design and development of materials.. brochures, Public Service Announcements (PSAs), workshops or meetings that promote Fire Safety or the "Fire Wise" message in high wildfire risk communities in tree V`v'lid icaiidi~ir bcaii niter faC2. Category 5: Urban Forestry or Arboricul±;.~ral Trai^sng Qualified Applicants: Local Governments, Native-American Tribal Governments, Nonprofit Organizations and Educational Institutions This category is intended to provide cost-share funding for the development of new or additional continuing education courses or degree track educational courses in Urban Forestry or Arboriculture. Such programs ~~;ay contribute fo an Associate ~f Science Decree at the Community College level or a Bachelor of Science Degree at the College or University IeveJ or may be conducted by other organizations or agencies. Grant funds may be used to pay instructors' salaries, purchase training materials, pay travel expenses for instructors, or pay for meeting/classroom space. The maximum grant award for this category is $25.000. Any registration fees or tuition collected must be used as a match or deducted from the project costs before a reimbursement is calculated. SELECTION CRITER The U&CF Grant Coordinator shall review and determine the completeness of the proposal. The following criteria must be met before the grant proposal may be determined to ho ~ompiete: The proposal must contain all the requested information and be legible and understandable. Where applicable, a reSGlutlOn cr letter apprn~iing tl~e rrnpncal anti aiith~~ri~ing the ('hief EhE'GUt(V'e (lffirnr of the annlirant to f?Ye(_~ItP agref?(T~erjtc ?.C!!i ~ic_1C'(_:i;:Fitt": ,=;c°:;:,'~ntFCi VJitFI ifl~? (7~n~'.t ;:?til_JF.'St mUSt rid' submitted as part of the proposal. -r BID NUMBER: RFPIDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. 3. A budget detailing all costs of the project must be submitted with the proposal. 4. 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 Architecturel. 5. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned proposals will be ruled ineligible. PROPOSAL EVALUATION CRITERIA The UBCF Subcommittee shall develop a prioritized list of all proposals which the U&CF Grant Coordinator has determined to be complete. The UBCF Subcommittee shall evaluate each proposal based upon how well the proposal meets the purpose of the grant program. Maximum possible points: 150 points. A minimum score of 100 points, or 67% of the total possible score, is required to be considered eligible for funding. 2. Scoring of proposals is based upon the following prioritized and weighted attributes: a. Previous U&CF Grant Status - 20 points maximum Highest score will be given to first-time applicants whose proposals will help to initiate or enhance their community forestry program, and communities with populations of less than 35,000 inhabitants. Applicants that have not received a U&CF Grant within tide last three years, or those That are applying to cnntin~e the GeCnnd or thirri year of a grant-fi ended staff, nnsitinn will raraj~g 1 ~, nnintc, all other applicants wile receive 10 points. b. Urban Forestry Program Development - 20 points maximum Highest score will be given to proposals that provide documentation indicating that the proposal (applicant) is enhancing its capacity to build a sustained program and/or address urban and community forestry needs. Capacity enhancement is defined as either building citizen or group involvement in the program, supporting professional staff involvement, codifying municipal tree management in a fair and concise manner, or planning efforts supported by data collet±ion. c. Demonstrated Need - 20 points maximum Highest score will be given to proposals that demonstrate an economic need for cost- share dollars and impact large numbers of people. In particular, smaller, rural communities or underserved neighborhoods in larger cities. d. Well-Defined Goals and Objectives - 15 points maximum Highest score will be given to proposals that clearly state goals and objectives that will expand/complement existing U8~CF efforts, as defined above under program development. e. Technical Correctness (planting) - 15 points maxirnurr~ Highest score will be given to proposals where at least three tree species native to the area and suitable for the site and objectives are planted; trees meet or exceed the minimum size listed in this proposal, and provision is made for irrigating the trees durh~a the initial establishment period. PraCtICeS r iliw I"ldrl "F'F' (!;~tll!rl ? ' - - :i~"~ _ _ ~ ~ ~)c~ints fOr this CateQC~'. ~a BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Environmental or Educational Value - 10 points maximum Highest score will be given to proposals that will either contribute multiple environmental benefits to the community or educate a significant sector of the public or local professional community. g. Cost Effectiveness - 10 points maximum 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, and adhere to the cost parameters listed in this RFP. Level of Community Involvement or Support - 15 points maximum Highest score will be given to proposals that provide documented community support, involve partnerships with private industry, volunteer groups or local governments, and encourage continued citizen involvement in the local urban forestry program. At least three letters of endorsement from the local community are recommended. Promotional Value - 5 points maximum Highest score will be given to proposals which have a high potential for positive public relations, where the applicant indicates a strategy for publicizing the project. Completeness of Proposal - 5 points maximum Highest score will be given to proposals which are complete, include all of the required attachments, and provide e detailed explanation of the pivposal. In addition to th° above, the following will be considered for bonus scoring during the evaluation: (15 point maximum) Tree City USA certification - 5 points Indicates a community's commitment to sustaining their urban forestry program. T(PP r,.it" Growth A~Nard Recipient - 5 points Community demonstrates a sustained commitment to its urban forestry program. m. Proposal specifies a Certified Arborist(s) or a graduate forester from an accredited four -year Bachelor of Science in Forestry program will be involved in project implementation - 5 points Indicates a community's commitment to the proper implementation of urban forestry practices. New partnership established for project - 5 points Dem:; ~#rates a community's commitment to pursue alternative resources. ?E.lECTION OF PROPOSALS ~e Department reserves the right to recommend partial funding of proposals, the right to reject any or all ~iiUpOSaiS Or VJafve ~iiinOr IrreQulcanti2S b°v'fic^ri to d0 SC vVOUIC.j bii rig ih<^: vE:ii Ir'it~(@St Of thc^ Statev't FiOndc3, ~>nd -- _ _r~# rho- j ~:":l r;nc_ I n£ ~ D.-r~,n;er ~r°~f-t •-~~~~ +he Department detern,;r:es is nr~t irk ? r.~~rtlon 4n r~o rf~rm the BID NUMBER: RFPlDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Contract. Minor irregularities are those which will not have a significant or adverse effect on overall competition, cost or performance. POSTING AND RECOMMENDED AWARDS Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by interested parties on the Florida Bid System at http //www.myflorida.com, click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements, tabulation will remain posted for a period of seventy-two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120;; Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. 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. 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 data. COST OF PREPARATION The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals including an optional oral presentation. URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE MEMORANDUM OF AGREEMENT, if applicable) A. grant under this program will not be awarded until a Grant Memorandum of Agreement has been fully executed between the Department and the Applicant. 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 Maintenance fviemorandum of Agreement (if appiicable) shall detai( the responsibiiities for maintenance of any areas landscaped or improved by the proposed projec±. This applies only to project in which grant funds are used to plant trees (Attachment I). EXECUTION OF AGREEMENTS AtJD DOCUMENTS Upon notification of a Grant Award, the following shall take place: 1 . It will be the responsibility of the applicant to insure ±hat the grant ^.~lemorandum of Agreement is fully executed within a period of sixty (b0) days upon receipt. Failure to comply with this schedule may result in the grant offer being withdrawn. r.___ z. AIthVUiyl! !t !S l!!e I!-tel!I of tl`le L'C;.!dt lment to expeG"" ,I!C l~l~U'i II r!~n/cl rtj (-)i~()~E-!~~ti a4 !-`ll'L-`! c~~+ r _>~SIU f', applicants should be aware that they may not receive a tu(ly-executed grant Memorandum of Agreement before June 1, 2005 and should schedule their projects accordingly. ~n BID NUMBER: RFP/DF-G5/06-95 OPENING DATE: APRiL 14, 2006 @ 2:00 P.M. 3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall stipulate: What is to be accomplished under the grant. 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 A.n in±erim report showing the sta±us of ±he project is due September 30, 2006, and shall be due quarterly un±i! project completion. The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the rlanarfmant -r- A,II prnjartc rplvct he completed by September 30, 2007. ,AI! rel~„r,llrsement claims mLSt be SUbmitteri hji 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 the 1995 Farm Bill. For fiscal year 2005, the Florida Division of Forestry has allocated $300,000 of the funds received from the U.S. Forest Service to this grant program. Sheutd additions! funding become available, it will be added to this amount. State funds will be allocated to regions based on population (see Attachment J). FDACS reserves the right to transfer surplus funds from one region of the state to another so as to fully utilize federal funding. The State of Florida's performance and obligation to pay under this grant program is contingent upon funding by the U.S. Forest Service. A 50/50 match is required (50% grant/50% applicant). The local match must be in nor.-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. ALLOWABLc COQ T S The following Office of Management slid Budget Circulars should be used as a reference for allowable costs federally funded programs A-21 ~duCativilai institutions A-87 State and Local Governments A-122 Non-Profit Organizations BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. These circulars are available on line at http://whitehouse gov/omb/circulars/index html or you can request a copy from the UB~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 Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a completed reimbursement summary sheet to the Department with sufficient attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll log sheets, etc. FDACS will submit the claim for payment. No more than 75 percent of the grant amount will be paid to the Grantee prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: • ~~`ertrfication of Acceptance endorsed by a uivrsion of Forestry ottrcial. • Final Reimbursement Summary Sheet with attached backup documents • Brief narrative summarizing project accomplishments. • News release to be submitted to a local publication crediting the US Forest Service for providing funding. • Letter of appreciation to the local congressional representative. Upon receipt of these items in the Tallahassee State Office, the Department submit the claim for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices (see Attachment A). ANY WORK PERFORMED ON THE PROJECT AND/OR ANY EXPENDITURES MADE PRIOR TO EXECUTION OF A GRANT AGREEMENT AND WRITTEN AUTHORIZATION FROM FDACS, DIVISION OF FORESTRY, IS INELIGIBLE FOR REIMBURSEMENT. l he 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 r_,nnditions 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 dirc%iiy ~%eitiiicil't i:~ irlc vi~i~t .:; r1;er ~iicflt, ~_ °re purpose Of making audio ~..~ ~-ili~aifGf~;, exCeipt~ aiiu transcriptions. zz BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. A quarterly interim progress report and a final project report will be required of all selected grant recipients. Additional progress reports may be required if grants are extended past the initial deadline. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement. All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following statement: "Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's Urban and Community Forestry Grant Program." PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provrde goods or SeN!CeS ±o a public en±ity, 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 ±o a public entity, may n,ot a:a~ard or perform vrork as a contractor, supplier, subcontractor, o. 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 imrrigration 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 maintGin hocks, 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 o 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 idiot. in accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as plicable, of the Office of Management and Budget (OMB) Circular A-133. Any contract resulting from a oposal developed for any division where federal funds are distributed, shall be in compliance with this circuiar. Tt~e latest version of the referenced circuiar is available for review by Proposers at the Department`s Purchasing Office. BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M 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 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. DRUG-FREE WORKPLACE Preference shall be given to the proposal certifying adrug-free workplace has been implemented in accordance with Section 287,082, Florida Statutes. Whenever two or more equal proposals are received by the State or by any political subdivision for the procurement of commodities or contract! ~a! ser~.~ices, a proposal received from a business that certified that it has implemented adrug-free workplace shall be given preference in the award process. Established procedures for processing a tie proposal will be followed if none of the tied vendors have adrug-free workplace program. Attachment C, Certification regarding Lobbying; Debarment; Ci~cngncjpn and Qthgr r~gcnoncibility MattPrc, and L~ni~-Frog Wnrknlarg Rggi~irgmgntc miict ha r`mm~lgtgrl and returned as part of this contract. CERTIFICATION OF NO CONFLICT OF INTEREST Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed Conflict of Interest Statement (see Attachment B) and enclose it with his/her bid or proposal. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. NON-DISCRIMINATION STATEMENT In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibiter 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-UV, Whitten Building, 1400 independence Avenue, S'~N, Vvashington, DC 20250-9410 or rail (202)720-59b4 (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 Purchasr~g Director rn respoi~Sc to requests i.. full co~~~pliance vvith this provision. Any person who is adversely affected by the agency's decision or intended decision shat! file ~.vith 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, rt'Sf'rv!!Iy 1'allt5 t~' ?Uiiher negOtlatlOn, or n"lodifyd~:u or cilleiiding anv COi~~~act, the Notice of PR~trSt S`'=iii hrr filed in writing within 72 hours atter the posting of the solicitation. -(he tarrnal written protest shall state with particularity the facts and law upon which the protest is filed. 7d BiD NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. 0.WARD OF IDENTICAL (TIE) PROPOSALS In the event that identical proposals are received, preference shall be given to the proposal certifying adrug-free workplace has been implemented in accordance with Section 287.087, F.S. Award shall be determined by using the number of valid vendor complaints on file or by lot; except that the proposal which related to commodities manufactured within this State shall be given preference and the proposal of any foreign manufacturer with a factory in the State employing over 200 employees working in the Mate shall have preference over the proposal of any other foreign manufacturer. QUESTIONS Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to the nearest FDACS, Division of Forestry office (see Attachment K, List of Division of Forestry District/Center Contacts), or to: Urban Forestry Program Coordinator Division of Forestry Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, Suite R-3 Tallahassee, FL 32399-1650 Telephone (850) 921-030C Questions regarding procedures for submittal of proposals should be submitted to: Christie Hutchinson, Purchasing Director Division of Administration Department of Agriculture and Consumer SerY^c~s Mayo Building, Room SB-8 Tallahassee, FI 32399-0800 Telephone (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. There will be Applicant Workshops held at various locations throughout the state. Attendance at the workshops is required for first-time applicants. Attendance at the grant workshops will be considered during the scoring and ranking to submit a proposal. The purpose of each session is to discuss the requirements of the proposal. Oral questions will be accepted during the workshops by the Division of Forestry staff. The answers to any oral questions shall not be binding. BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. SCHEDULE OF EVENTS February 13, 2006 Notification of Availability of Request for Proposal mailed to all potential applicants. RFP available for download at www fl-dof.com. April 14, 2006 Sealed proposals in response to RFP must be received by FDACS Purchasing office. May 1, 2006 Evaluation of proposals. May 15, 2006 Posting of Award on the Florida Bid System at http.//rr~yflorida comma 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. June 1, 2006 Expected grant agreement (contract) execution and authorization to begin. September 29, 2006 Interim report due. July 2, 2007 Deadline for submitting request for no-cost time extension. September 30, 2007 Contract ending date. November 15, 2007 Deadline for final reimbursement claims. ~~ BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTIFICATION OF VENDOR OMBUDSMAN'S NAME AND TELEPHONE NUMBER Vendors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has five (5) working days to inspect and approve the goods and service, unless the proposal specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the vendor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this ir:dividual include acting as a.. 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 Financia! Officer's Hotline. 1-800-848-3892. z; BID NUMBER: RFPIDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT B STATE OF FLORIDA DEPART!!~lENT OF AGRICULTURE AND CONSUMER SlEQ~!!GES CONFLICT OF INTEREST STATEMENT representative of as authorized certify that no member of this firm nor any person having interest in this firm has been awarded a contract by the Department of Agriculture and Consumer Services on anon-competitive basis to: (1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP); (2) perform a feasibility study concerning the scope of work contained in this ITB/RFP; (3) develop a program similar to what is contained in this ITB/RFP. Authorized Representative Date ProrJOSdi i~lut~ibet ~o BID NUMBER: RFP/DF-05!06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACf~MENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS Apphcanls stmuld refer to the regulations sled bebw to delermine the cerLhcabon to which they are requred In attest Apphcarns should also review the Insirudlc,ns for certihcabon Inducted in the regulaUuns before a,mplcOng !fits form. Srgnalure of this form pro,~des for orxrpllance with cerv(icalan regwremerns under 34 CFR Part II2. 'New Reslndlons on LpbDying,' and 34 CFR Part 85. "Government wde G::banncnt and Suspension {tJOnprocurerr>zra) and Government-wide Reyuremants for Drug-Free Wrxl:placF (Grants) - The cerUhcalans shaft be Uealed as a material representation or fad upon which reliance roll be placed when the Department of Educatxm delermnes 10 award the covered Uansadlon. gran(. or ax>F~araUve agreement 1 LOBBYING !\s required by Section 1352. 1 ille 31 of the U S Cede, and unplen>enled at 34 CFR Part 82, fur persals enlenng into a grant or moparalrve agreement over y100,000. as defined at 34 CFR Part 82. Seclkins 82 105 and 82 110. the applicant cedrlles Uial (c) Are rid presently indicted for a olhorwise airrrinally cx avilty charged by a governmental entity {Federal, Stale. or local) wrfh cz~rnmisslun of any c~ the ottonses enumerated m paragraph ("2)(b) d Ibis certihcaUOn, and {d) Have rid ~aithln a three-year period prac~eding this applicatan had one or more pubbc Uansaclicxt (Fatieral, Stale, cx bc:aq lerrrnna[ed for cause a delaull, anc] {a) No Federal appropnated hinds have been paid rx trill he part, by or on Dohall of tho urx]erslgned, to any person fur in(luanang a allemplrrg to influence an ulhwl a en~kuyee d any agency. a Member of Congress an r~hcer « emplc>)~ea of Caigress, or an alrployae of a Member d Congress ur uonnedk~n wdh the making d any Federal grant, the enlenng into of any or~{Kirahve agreement. alxJ the axtenswnn, amhnu- alinn, renewal amendment. or Incx]IhraDon of any Federal giant or axrperatr~c ayruemen;. (b) tl any funds other than Federal appropnated fulvds have been pad or will be paid lu any person for mfluonany oI al(empOny In rnnuenco an olliuer or employee ul any agency. a ~Ae,n~hr,r rJ (,r~rhgre SS, 9n pffi (ypr iV onlnL~/Aa i i1 Ci'nnrgsS. nr an empbyee pf a P~1anY~ar of Congress rn a~nnectic,n with this Federal gran) or o-x>f~araUve agreement, the urwJarslgned shall rnmplele and subrnd Standard Funn - L t L "fJisri~.~sure Form to Report lobbying.' In accordance wdh Its inslnldions- (c) The urxlersgned shall requue Ihal Ule language of Ihrs cerlihcahurl be Included In the asti~ard dcx:urnenls Ux all subawards al all bars (uteludurg subgranls, contracts under grants and ~operaU~~a agreements, ant? subcontracts) ant] that all subreclpienls shall certrfy and disclose acaxdingty ? DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ... .y.....,. -..,_... _.... Suspension and Implemented at 34 CFR Part 85. Irx prryspec- (rve partnipants m primary mverrxi lransa~Ylons as defined at 34 CFR Part 85. Sedlrxrs 85 1D5 and SS 110-- A Tha apl,li~nl ~:x~rtifies that d ar~d rtr, princil.als (a) Fsre ncX presently debarred, susponded. prr,FKrsod Icx debarrrrenl, dedarod inellgiGle, or voluntarily excluded from owered transacUOns by any Federal department or agency, (b) Have not wrthm a three-year period preceding th!s apphca- Iqn De6n [xm~nded d rr had a Civil prigement randererl ayainsl them for axrmSSKrn o. fraud a a cnrnural ntlense in oonned~n rrtth r:bl :many, allemphnq Iv ublaul, or performing a pubbc (Fcdoral, Slate, or local) transaclrm or a~nirad urulei a pubbc Uansaction vu~lalion of Federal or S: !e anbtnlsl statutes cx cortn~ssrcm of ernbezzlemen!, !hell, lorge!y. bribery. fa!e~ficalionurdosUudanc! roaxds, nialanq false statements- or receivnx3 stolen propedV. D VVhere the applicant Is unable to cerhfy tv any of the stale Irunls m lhu celUhc,(on, he or she shall atladi an explanation to this appdicatr~n 3 DRUG-FREE WORKPLACE {GRA.NTEES OTHER THAN INDIVIDUALS) !~s required by Uie Drug Free IArorkplace ~Ctol 1988. err] Implenwntad at 34 CFR Part B5. Subpart F Ior granleos, as defined al 34 CFR Part 8S. Sections 85 605 and 85 610 o The ~p~h r?nl rodiho5 that r will .x will ~nnllnua In rvnvria a dnKg-tree workplar~ Dy (a) Pubhslurx3 a slalenwnl notifying enr(>aoyaes that the unlaw4ul manufacture, dislhbrNon, dispensing, possession, or use of a ctintrdled substance Is pn?hlbited rn the grantee's workplace and specrfyiny lha actions that wdl Uv taken :rgauls( employees fur vKrlalxm of such prohibNOn {D) Establishing an on~mg dn~g-free awareness program h~ Infolnl employaas atxrut (1) The dangers of drug abuse uI the workplace, (1) The grantee s policy of rnaintauilny a drag bee v~~rkplace ion nn.. available rtrc~ . ;nn<ehnn reh antl~r,ni v_,n ants ~~,i„plo)~ee assistance programs; and (4) The panalDes Lhat may he ur~xred urn errpk~yoos for drug abuse r~idalans occurring ui the wurkhlace, rc) Makuig rl a rc>quiremenl that each enployee lu be engaged uI the padornrance of the gram be green a copy of the statement required by paragraph {a). !d) hkiUh~lnq Ora employee in the statement raqulrr~l by pare graph {a} that, as a axu)tluxr of employment under the grant. the anyNOyee will (11 Abd^ by Uie lennn of the statement, and (^; ra,,ufy the amplnyar in ~wihng of his c+ her rz,nw~31~~n fnr a vn_~lat~n eel a cmninal drug statute rx~arinrx4 rn the r~,K~rkplacr~ no later than Inge Calendar daVS after such a~nvtceon. 29 BID NUMBER: RFPlDF-05/06-95 (e) No(itymg 8~e agency, In writing, wfthln 10 CaleMar tlays after recennng nrnice under suhparagraph (d)(2) lean an enpk~yee cx dheMn6e receiving actual rxxice rn such mnvidan Emplcryers ~x oonutded errpbyees m~sl provide rx~tice, induning (x~sdrexi Idle, to Drredor Grants PnlicY and Oversrghl Slaft U S Dapan- ment of EducatKn, d00 h~aryland Avenue. S W (Room 3652, GSA Regional Othce f3witling No 3) 1h'ashirxpon. f)C 20707 4248. ~ic~__ shau IndUde' the .Jenlltfcat!a~? ~ ~..~~- , , _. _ad~ atleded grant. (rj Takir~ one iJ the fdlowhrg ac~lKxis, within 30 calerdar Uays ut recerouxd noUrA undo-.r subparagraph (d)(2} with reseed t~~ any en~iyee who is so mnvicled. (1) Talarxg appropriate personnel adim against Burn an em uaoyee, up to and indudirg Ierrnuta0on. axrsislent wi8i (he requucments bt the RehabdtlatKm Ad ~x 1973. as amendr?d or (?) Requlnry suds en~byee to paniclpala sahstadmly In a drug abuse assistance or rehaDihtaucn program approved fix such purposes by a Federal, Slate, rx local health, law enlorcunx~nl, or anor appropriate agenry. (g) Makux~ a gCx"K7 faith (?tlort In ccnlrN~e IO maintain a drugire© v,~orkplace lluouyh irrpiementahun cif paragraphs (a) (b), (c). (d). (e), and {I) B. The grantee rray uisert in 8~e s(ra oe provrlud below Uie site(s) for the ~rtrxmance U work dine in ~medem with the speahc grant Place of Pertormance iSlreel address city. a:,unty, stale, zip cxx]e ( Check [ J J 8rera are v:nrk pia Cas cn file Uiat are nut ider,uhed here OPENING DATE: APRIL 14, 2006 @ 2:00 P.tJI. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As ragwrcv7 by the Drug F ree Vvortcplace Ad of 1988. and implemented al 34 CFR Pan 85. Subpart F, fcx grantees as defined a( 3d CFR Pan 85 SedKxrs 85 605 aril 85 610 A AS a tin rti~ii0ii ie !iie yi eit(, i cvr!if, iiiai ! h-iii nisi engage ui iiiH unlawful manufatlure dislnbulron dispensirxg. pax. sess[~n nr use of a oonlrolled substance in a~nduding any adrvrty vti~th the grant. and i 0 II axi~nded d a cnninal dng otlense resul6rxt Irrxrt a vi(~Iatron cx~curnng nunng the axuiud OI any grant admly, I wtlf repxl the anutdion, to wr10ng, vv«hin 10 calendar tlays of Ine cumntlrrn. to DiretlcK. Grants Poh~y and Oversight Siatf, Depanmenl d Education 400 r,Aarylarxi Avenue. S W (Rcrxn 3652 GSA Reg~nal Office F3uiklutg No 3). N7ashrngtai. DC 'J0202 4248 f•LitIC!? shall mdude the KJenllhcahon number(s) ur each afieded gran) Ac the duty arri hcnzed represent nirve of the a(d~l leant. I hereby cenify That the applir_ant will cnmpty v/tth the above certd~cahons INAM[ OF APPLICAIV7 PFL'A'/rrARD NUlvt(',CR AND . OR PROJECT NAhAF PI21NfFU tV/a bhE AND IIRL UI AUII1URlZ EI) RC.PRL SLM AIIVF SIGNATURE DAiE ED 8U-0013 12798 30 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT D FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2005 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.rn., April 14, 2006 at: Department of Agriculture and Consumer Services Purchasing Office - UBCF - 2006 PROPOSAL Mayo Building -Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 487-3727 If you have any questions, please see ATTACHMENT K, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Proposer Name: Name and Title of Contact Person: Address Zip: _ 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 aii information submitted herein is true and correct. AuthnriZarJ' F-)lPCLItIvP Officer: Title Signature Phone: Date: 31 BID NUMBER: RFPIDF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (two page limit, #12 font, single-space) Urban and Community Forestry Grant Proposal Describe the local community and current urban forestry program, and role of applicant in that program if a non-profit group: Previous U&CF Grants received by the applicant. When were they implemented and what did they accomplish? Describe the goals and objectives of this project: Describe how this project will help to develop and improve this program in the long-term: Describe why these funds are needed to complete this project: For a tree planting: Describe what species are being planted and why. How will they be installed and maintained (be brief and concise, but complete): What environmental or educational value will the community derive from this project? What steps have been taken to carry out this project in a cost effectiveness manner? How will this project increase citizen involvement and support for the community's urban forestry program in ilie luny Term%'v"vhai evidence of community support for this projeci can be produced? How vrill this project be publicized in the local community? Tree City USA certification and growth award, last year current Will a Certified Arborist(s) or a graduate forester from an accredited four -year Bacr~elor of Science in Forestry program oversee this projects If nit who will provide oversight and what are their credentials? \/1Jhat nP.w pa rtnership~ ~r.~ill tFiA nrnjont nre`to nr nnnn ~irv~o') 32 BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT E BUDGET Specify Category 1, 2, 3, 4, OR 5 and designate the applicable subcategory. Category: Sub-Category: SUMMARY OF COSTS (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II 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 Frogram Costs (ill) $ 00% Add columns I and II for total III (10C%) °io Grant request ioLocai match A budget, detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please print or type -Complete where applicable) This project is for Population Zone 1 2 , 3, or statewide (circle one). Please see ATTACHMENT K to dete riiliic iiis appilCa riic regiCil. County Describe the Specific Location of the Project: 1,Nho has Maintenance Responsibility for the Property (Category 2 Grants)? s the Land Ownership Public or Private? Name of Landowner: eject Title: 33 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT E ~G4NTINUED) 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, orcaliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FGRM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost Contractual (Description) Personnel (list titles cr positions) Travel I sa 35 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. 36 BID NUMBER: RFP/DF-05!06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost Operating Costs (fist) Trees (list species and size) I I I I I Overhead"' ' Totai 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. Please Note: The enclosed example of a completed application was chosen to be included because the applicant was especially thorough in providing the requested information, and applied for a number of practices that can be used as examples by other applicants. The budget sheet is based on the previous requirement that the applicant provide a 50% match. They also submitted their narrative in outline format, in order to ensure that they had included all of the information that the reviewers would consider. However, a paragraph format iS aCCeptabie fvr file narrative if it contains suiiic.icilt information. 37 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACH^~fENT E SAMPLE BUDGET Specify Category 1, 2, 3, 4, OR 5 and designate the applicable subcategory. Category: 1 Sub-Category: 1A, 1B, SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) Tctal Matching Ccsts (II) Total Program Costs (III) (A 50/50 match on behalf of the Proposer is required) REQUESTED GRANT $ LOCAL MATCH $ I II 17 500 17,500 1,500 0 $ 19,000 $ 38.000 Add columns I ano li for total III (100°io) 50 100% 1,500 0 0 0 0 19.000 Grant request 50 % Local match A BUDGET. DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type -Complete where applicable) This project is for Population Zone 1 2 , 3, or statewide (circle one). Please see ATTACHMENT J to determine the applicable region. County Oran e Describe the Specific Location of the Project: ___ Windermere, FL Who has Maintenance Responsibility for the Property (Category 2 Grants)? Cecilia Bernier Town Manager Is the Land Ownership Public or Private? _ _ Public Name of Landowner: Town of Windermere, FL Inc. Project Title: Windermere Urban Forestry Program Proposer Name: Town of Windermere 38 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost Contractual (Description) Tree Inventory w/ GIS Mapping (1B) 1 ea 33,200 16,600 16,600 OF Management ~ Plan (1 C1 1 ea ~ 1 ,800 900 900 35,000 17,500 I 17,500 i Personnel (list titles or positions) I I ~ inventoryiGiS Coordinator (1F) Certified Arborist (Training) (1 F) SUBTOTAL Travel Trees FL Conf. & ~iher training (1F) i 39 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) f$) ($) _Equipment (list items) Inventory/GIS Computer System 1 ea 3.000 1.F00 1.500 (Hdw & S/VV) (1 H) SUBTOTAL 3,000 1,500 1,500 Supplies* (list items) ~ ~ ~ ~ ~ ~ ONera±ir. ;Cos±s (list) I L I I I ao BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Cost Items Quantity Rate or Price Grant Cost Match Cost 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 UC Used 1()I U~V CI I ICdU L~/Jts. 41 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT F EXAMPLE FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2004 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 2:30 p.m., September 21, 2004 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2004 PROPOSAL Mayo Building -Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT K, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Windermere Urban Forestry Program Proposer Name: Town of Windermere, FL, Inc. Name and Title of Contact Person: Cecilia Bernier, Town Manager Address: 614 Main Street, P.O. Drawer 669, Windermere, Florida Zip: 34786 Phone: (_407_) 876-2563 Is your organization a Nonprofit corporation pursuant to Chapter 6i7, Florida Statutes? Yes No X FEID Number US Congressional District If the appiiCant is a City Oi C~uilty yovernmeilt, uOCa y0ur iirbaii Forestry program hava iIIC IJI!Uwuly. Professional Staff, in-house or contracted. List qualifications such as ISA certification, forestry degree, etc Janet Maland, tree board chairman, has an ISA certification and coordinates most activities. Citizen Tree Advisory Board or Tree Advocacy Group. Describe: Active tree board chaired by Janet Maland Urban Tree Inventory or Management Plan, how current?: One will be prepared using this grant Tree Ordinance covering either public or private lands, describe: Enacted in 2002, currently under revision. As the duly authorized representative of the Proposer named above, I hereby certify that III parts of the proposai anu required grant infon?iaiion liave been read aruJ understood and That aii information submitted herein is true and correc+, Authorized Executive Officer Cecilia Bernier Title: Town Manager Signature:---- --- ~ufe .,.,, i6i04 a2 BID NUMBER: RFP/DF-05!06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT (CONTINUED) PROJECT DESCRIPTION (two page limit) Urban and Community Forestry Grant Proposal Describe the local community and current urban forestry program, and role of applicant in that program if a non-profit group: Windermere is a heavily wooded community with a population of 2,329. An urban forestry program has existed in Windermere for ten years, under the leadership of a volunteer Tree Board. Previous U&CF Grants received by the applicant. When were they implemented and what did they accomplish? The Town of Windermere is a first time applicant. Describe the goals and objectives of this project: 1 . Conduct a Tree Inventory, including data maintenance, personnel and training (Contract). Establish baseline data, including tree health and recommended maintenance actions. 2. .Establish and initiate an Urban Forest Management Plan (Contract). a. Develop and document along-term strategy and process for managing our urban forest. b. Provide a comprehensive Planting Plan, based on gaps identified during the inventory. Describe how this project will help to develop and improve this program in the long-term: The U&CF Grant provides a strategic opportunity to significantly move Windermere's urban forestry program forward. The Tree Board, for over ten years, has recommended a comprehensive urban forest management program, with emphasis on a public-land tree inventory. A public-land tree inventory is the cornerstone of this multi-faceted project. The Town has solicited bids to perform an initial tree inventory to provide baseline data (location, health, maintenance required) and an assessment of hurricane damaged canopy. An ISA. certified arborist will supervise the inventory and will provide continuing support and consultation. (Contract). The management plan ,~~!II /~) ~infa!I recommended management pract!CeS, (h) prOV!de gurdar'ce fOf the town ma^u^yer ur'd maintenance supervisor in allocating tree maintenance resources, {c) provide a recommended Planting Plan (location, species, size), and (d) document the inventory and required maintenance. (Contract] Describe why these funds are needed tc complete this project: Tc date sufficient funding has nct been available for this project. A small town with a small tax base needs to seek external sources of funding for projects, sometimes. For a tree planting: Describe what species are being planted and why. How will they be installed and maintained (be brief and concise, but complete): N!A ~1/hat environmental or educational value will the community derive from this project? Environmental benefits include (a) removal of hazard trees, (b) corrective pruning/crown thinning of Town trees, (c) planting to replace losses and increase canopy and species diversity. An intensive public education program will raise community awareness of ecoforestry integrity. A highlight will be Art in the Park, which will feature activities, demonstrations, and dissemination of information tc provide: (a) an overview of this Grant program and the resulting urban forestry management plan, (b) education on a recent Town ordinance requiring use of low phosphorous fertilizers, and (c) training on tree planting, pruning, and preservation. Other educational activities include several Nature Education Series presentation, updates on trees and Tree Board to the public and Council at Town Council meetings, and the Windermere Rotary Spring Festival Tree Adoption Program. What steps have been taken to carry out this project in a cost effectiveness manner? Funding will take Windermere's Urban Forest Program to a new level. Budget limitations have restricted tree replacements, and tree losses have outstripped new planting. With limited dollars available in these areas, a compre~~ensive urban forestry management program is critical in allocating resources most efficiently. Baseline inventory data •~ill be used for strategic deployment of resources in the areas of (a) health maintenance of existing forest and ) appropriate planting locations (right tree right place). The grant will increase funding to a level that will :,iOVJ for proactive rather than redCt!Ve nl~Inten~nCe eXpendltUreS. How will this project increase citizen involvement and support for the community's urban forestry program in 43 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. the long term? What evidence of communi±y support for this Nreject can be produced? Documentation of community support is seen in the Town resolution of grant support (Atch. F) and in letters of support from Windermere residents (Atch. J.a6-J 10). The volunteer Windermere Tree Board has received support for urban forest management from the Town Council, Windermere Rotary, Windermere Garden Club, Progress Energy, 1/Vatershed Action Volunteers, Windermere Land and Tree, lr,c ,Boy Sce:.~t ~.~arsity Troop #225, Biosphere Consulting, Henry Nehrling Society and Butler Chain Conservation Association to develop this program. Support from the Town Council is seen in the local dollars (matching funds) allocated to this effort. How will this project be publicized in the local community? Windermere is already recognized as one of the most beautiful locales in Central Florida. The Tree Board will publicize the positive effects of funding from the U&CF Grant Program. Information will be disseminated at Tree Board Events, to local newspaper ("Mere News, West Orange Times), television (Channel 13 Upcoming Events), and in local schools and churches. Tree City USA certification and growth award, last year current Growth award for 9 years; Will a Certified Arborist(s) or a graduate forester from an accredited four -year Bachelor of Science in Forestry program oversee this project? If not, who will provide oversight and what are their credentials? The tree inventory, Urban Forestry Management Plan, and remedial/restorative maintenance plan will be supervised by Certified Arborists (contract requirement). What new partnerships will the project create or encourage? With the funding of this project, the Town of Windermere will enter into new partnerships with (a) Progress Energy, who has agreed to cooperate in an easement reforestation effort (Demonstration), and (b) local artists, who will participate in Art in the Park (Culture) as BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT G URBAN AND COMMUNITY FORESTRY GRANT 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 Hometown desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Hometown desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Hometown wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Hometown, Florida and the Florida Department of Agriculture and Consumer Services; NSW, THEREF(7RE, EE iT RESOLVED by the City council of Hometown, Florida: Section 1. The City Council supports the development of a citizen forester program to allow continuation of the city's tree planting program. Section 2. The City Council hereby authorizes the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Hometown, Florida and Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS THE 10TH DAY OF JUNE, 2000. BY: ATTEST City Clerk Mayor APPROVAL AS TO FGRM: City Attorney as BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT N URBAN AND COMMUNITY FORESTRY (UBCF) GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the City of Anna Maria, hereinafter called the Entity (Subrecipient). ~NITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the specific project set forth in grant application Number 05H-19, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Entity (Subrecipient) by Resolution No. N/A, dated N/A, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows: A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. U. The CvritiaCt IS valid iipOn eXBCUtiGn i hrouuh _Septen?bet 3i~, 2iii~7 /- T~, C +~~y (C ~....r.~p~ •) ~+-+ '~ ted the pio)ect I.OSt to be $19,9J2 dJ S lliwn on the grant ~.. ~ lie ~nui .~Uuic~.i ieni naS 2Suma application budget sheet attached as Exhibit B The Department agrees to reimburse to the Entity (Subrecipient) the total sirm of $9,976 or fifty percent (50%) of the final approved projec± cos±s, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. G. The Entity (Subrecipient) agrees to maintain plant materials established as a part of the project for a period of three years and en±er into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the pro~eci. E The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (S~!brecipient) shall not change or deviate from the project :vi±hou± written approval by the Department. F The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, March 31, June 30 and September 30). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. r~ Reimbursements can be made ^n a quarter) ba~i~, if requested. No advar;ce payments will be provided. Applicants must submit a con7pleted reimbursement surnrnary sheet to the Department with sufficient attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid to the Entity (Subrecieient) prior to the suhmissi~n r?f a completer! Certifir_.atinn of Acceptance indorsed b~% tl.e Department. 46 BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. For installed plant materials, a sixty (60) day grow-in-period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 30. 2007. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the U.S. Forest Service. ~cCtinn 21'J 42'7 Finr!CH 5tat! tes, provides that agencies h?~ie fnic i ~1 ~ninrkinn rra~ic to incnort anri 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 Diner health care services, if payment is not available within 40 days, measured from the latter of the date the InVCICe W3S reCe!`.'ed Cr tt'e goods or Ser`JIC°S are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552. Invoices returned to an Entity (Subrecipient) due to preparation errors will result in a payment delay. !nvoice payment requirements do not start until a properly completed invoice is provided to the Department. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.051, Florida Statutes. Af! approved tra`.'el expenditures must be submitted on a State travel form (see Attachment F). Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the Ic~vest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a stale agency. The Vendor (JrphiiC-icrpar~ may by rrtint.~rte~~ at (850) 41J-i269 Or by CaIIIC?g tl?F' Department of Flnan~~ial Services' Hotline. 1-850 10-9724. a~ BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. This Agreement may be terminated under any one of the folletiving conditions: A. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. B. By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Departn-ient. C By either party following sixty (60) calendar days written notice. D. By both parties following the complete execution by both parties of an agreement to terminate this Agreement. In the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a sing-e 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'v'Jfltin" grid Shaii be Su t ~`~ tt'~ ~"~~"`"' d `~' a ``~' ~ y jcC w iic Saimc tciiiia oil LVnUIIIVIIS Set fviui in the Initial GOntract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Cr4i4y (C hrorip1e nl) It is mutually understood and agreed that this contract is A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial 5ervicesj. ii is rrlu~uaily undersrood and agreed Thai 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 brctricic i;iay not authorize or r~rake any dlsbilrsr:itler~( of grants and alc~ cl~~pronriatinns nurs.~~ani to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through H are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act. 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 regwrements of Section '" ~ 97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity L i J. means a local governmental entity, nonprofit organization, or for-profit organizatie,~ that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agencv. i-s. in the UVCni iiiai ine i-~ecipient expends a total amOUnt Ui Slate 11i7anCl21 aS5lStance equal to Or In eXGcSS 48 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate agencies. State financial assistance does not include Federal direct or pass-through awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the al~rlit mr_r51 he nairl from the NnnState entity's reSOllrC@S (i ? ,the Cost Of SrJCh ?n ?Udit musf bP Hair from the Recipient's resources obtained from other than state entities). Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non-state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement Snail he si~hrnitted by ~,r ern l_>ehalf of the Recil~ie.nt direGily to each of the following: (a) The Department of Agriculture and Consumer Services ~9 BID NUMBER: RFP/DF-05/06-95 OPENING DATE; APRIL 14, 2006 @ 2:00 P.M. Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building i ? 1 ~~~%est Madison Street Tallahassee, FL 32399-1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. H The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state C<r ivi.~i cvern~~~ent yr a nOn i r:. ~ •;..., a,.s:..,.a nnec~ r~;_.,..i.-_ n .~ ~ a a j~'vin oryaiiiZauvii caS uciuicu iii viviu L.iil.uiai /-~-i33. as iCviScU. ,L~ In the event that the Rerfpfent expends y¢i5vv,vvu O. .....r° in FCderal 3`vVu^rdS iii ftS fi$Cal 'y'%or , the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts. of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will n-~eet these requirements. o. in c;unnecti~n wiirr iifese audit reyuirernents, the riecipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A-133, as revised. the cost of the audit must be paid from the non-federal resources (i e ,the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entitiesi D Copies of reporting packages for audits conducted ir. accordance ~.vith OMB Circular A,-133, as revised, and required by this agreement shall he submitted ;~,ho„ required by Section .320(d), Ol~AB Circular ^,-133, as revised, by or on behalf of the Recipient directly to each of the follovvii g: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo UUiiding 40% South Calhoun Street so BID NUMBER: RFPIDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Tallahassee. Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(4)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass-through entities in accordance with Sections .320(c) and (f), OMB Circular A-133, as revised. E. Pursuant to Section .320(f), OPv1B Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance wiih i tvics %ircular A- i 33 as revised v. Recipients, when submitting finariCral reporting paCkag2S t0 the Department of r^,griciiitUie acid Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should indicate tha date that the reporting package was delivered to the Recipient in correspondence accomnanyinn the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. ` it is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apafachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (050) 437-1471 and fax number (85U) 942-7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Ctrapter 946, Florida Statutes, iri the same rnannei anu under iiie same procedures sef fortis in Section 94G.515(2j anii (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the 51 BID NUMBER: RFPIDF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. provisions of this contract shall be deemed to be substituted for th;s Agency insofar as dealings v:ith _ such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987. The Entity (Subrecipient) is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a pubiic 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 T1N0 for a period of 36 months from the date of being placed on the convicted vendor list. The Entity (Subrecipient) is informed that the employment of unauthorized aliens by ant Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Entity (Subrecipient) knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Entity (Subrecipient) is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In the event that two or more documents combine to form this agreement between the parties, including "' future amendments and addenda, and in the e1v1°nf that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shali be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requiiCmants of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and ±he ieyuiiements gf the Fiu~iua Siaiuies and rules promulgaieu iiiereunder un the swine subject si~aii substituie for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute'u8.2Q, ea~ii pa~i'y` will be liable under ti~is paragraph fordar~iages 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. A.II notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest ti~;anagement Bureau 3"i?5 Conner Boulevard, Sul±e R-8 Tallahassee, Florida 323`;3-1650 P,II notices, demands, requests or other instruments to the Entity (Subrecipient) shall be addressed to: 52 BID NUMBER: RFP/DF-05/06-95 r~"r. Ewen Thomson „ice President Friends of Gainesville Hawthorn Trail 3215 NW 17th Street Gainesville FL 32605-2511 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature Title Date FEID Number. of Social Security Number DACS-01085 Rev. 01/06 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. CONTRACTOR Signature Title Uate 53 BID NUMBER: RFPIDF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. EX~-ilEiT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: /( the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federa! program and show total Federal resources awarded Fed~~a! °rogram (Get Federal agency, Catalcg of Federa! Do._..stic Assistance title and ^un~!~:c~'• - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: l/ the resources awarded to the recipient represent more than one Federa/ program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2 Second applicable compliance requirement (e g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead oflisting the specific compliance requirements as shown above, the State awarding agency may elect to L~Se lann~4rage That rnn{U;re,", !,he recipien! .te CCmp/y ~".iilh /he renl4riromenic ~~.~-.pp~;~~hlo pr~~.'l~;~n~ ~f ~p°~;~~r' l~::ic r4~lac regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a "' specific law(s). ruleisl or regulation(s) that pertains to how the awarded resources must be used or how elioibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific taw, rule, or regulation, referred to. _STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: I(the resources awarded to the recipient for matchin_q represent more than one Federat program provide the same r;-;formation shown below for each Federat~rogram and si~o_w the total State resources a~~arded ,`or matchinS Federal Program (list Federal agency Catalog of Federal Domestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97 Florida Statutes. State Project (list State awarding agency, Cat°!eg of State Fi.^,2ncia! Assistance title and number? - y (aiilOUnt~ DF, -A2-CL July 2005 DACS-01085 Rev. 01f06 Rule 691-5 006. FAC 54 BID NUMBER: RFPIDF-05/06-g5 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "QBC" !or Federal programs, the requirements might be si„milar !o th,e requirements for the applicable Federal programs. Also, to the extent that diKerent requirements pertain to different amounts o(the non-Federal resources, there maybe more than one grouping (i e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circu!arA-133, as revised, and Sec:'ion 215.97(5), Florida S!atutcs require that t:he information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DFS-A2-CL July 2005 DACS-01085 Rev. 01/06 Rule 691-5.006, FAC ss BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY ~ORE~TRY GRANT PRCGRA"~1 Name of Grantee: Contract No. Item # Descriptions of Items or Services Purchased (Attach copies of canceled checks, receipts and invoices) Grant Amount Match Amount I Tptalc I I Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for afi individual purcf~asesiexpendiiures over $2,50u and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. -^! !THOP,!ZED SIGNATURE: Grantee Date ss BID NUMBER: RFPIDF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 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 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and the City of Altamonte Springs, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 05H-02 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1"and by reference made a part hereof; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, herein and in Exhibit "1 ", the Grant Memorandum of Agreement, the parties covenant and agree as follows: -._- A. The Entity (Subrecipient) shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the foiiowing location: Ciiy' Gf Altamonte springs i~ight-Gf-`vvay5. 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; (o) Mowing and/or cutting grasses tG the proper length; (7) Proper pruning of all trees which includes; removing dead ar disease parts of trees or (ii) pruning such parts thereof which preseni 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. ~g~ F IG, t; nl „r ~ n- ,~ t G c ,~ ~ ~ ~.-.a ~, r..~. ~ . A y ~ OI J'Jiny t e ai~iiny anG ti ~.~i~ OnanC vuluciine.i aS inCiuucu iiciciii aS ~xiilvli The Entity (Subrecipient) agrees to repair, or remove and replace at its own expense all or part of s7 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. 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) sha!I be subject to periodic inspections by the Department. It is the intent of the parties that the Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1 , then the Entity (Subrecipient) shall refund to the Department apro-rated portion of the grant award based upon the following schedule: (1 j If this agreement is terminated within one year of this agreement, 75 percent of the grant award; (2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award; (3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. D Thls A4reem2~~t, toyciiicr w'v'ith ttic^. Urban and Community Forestry Grant ^v^e~i~orandum of Agreement, embodies the entire agreement and understanding between the parties hereto and there arc ..C ether as^greementS Cr underStandln^y5, Oral or Written, With reference t0 the Subject matter hereof that are not superseded hereby. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature CONTRACTOR Sig nature Title Title Date Cate ~EID Number of Social Security Number sa BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. EXHIBIT A PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long-term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non-biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding soil. 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 ctirrn~inrtiinn cnii cYirfare ..~ .. 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 iecofniileilued ihat large aiiiouiiis Of uryaiiiC matter ue iricorpoidted irliu iile 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. 3. Mulching Mulch an ar~u at Ic~ct three Lines the diame±er of the root ~a!! tc a depth ~' •VYit" aVVV4 c`,,ps, barl: cf 2--, 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 ±rees no Onger that one yc?ai tv a'vvld yirdiing '~ 59 BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove sucker sprouts fro... 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 r is ~ 1.. r _ _ • I .~... ~. ,..J [....a' / a ,J L. .~ 1. .. ~ t l 1 . rertiliZe nyhtry ai~ei the first year UJing a bdldlll,CU ICI IIIIL'er tl ales JhoU U e L/a SeU UII tilt JIL'e Oi t i2 Uec or palm and any special nutrient requirements). If micronutrient deficiencies are suspected, have a soil test completed and supplement the fertilization program accordingly. so BID NUMBER: RFP/DF-05106-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTACHMENT J ALLOCATION OF GRANT FUNDS POPULATION ZONE #1 COUNTIES $100 000 Escambia Liberty Suwannee Clay Santa Rosa Franklin Hamilton St. Johns Okaloosa Gadsden Columbia Levy Walton Leon Gilchrist Putnam Holmes Wakulla Baker Flagler Washington Jefferson Union Marion Bay Madison Bradford Volusia Gulf Taylor Alachua Citrus Calhoun Dixie Duval Hernando Jackson Lafayette Nassau Pasco Brevard Sumter Seminole POPULATION ZONE #2 COUNTIES $100,000 Pinellas Hillsborough ~GIn Orange Osceola Lake Indian River St. Lucie Okeecho~ce Highlands Lee Glades OPULATION ZONE #3 5100.000 Collier Palm Beach Hendry Brov~ard Mana±ee Hardee CCJVIV Sarasota Charlotte Dade Monroe Martin s~ BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. ATTAGNMENT K FLORIDA DIVISION OF FORESTRY DiSTRiCT/CENTER CONTACTS Blackwater Forestry Center (Escambia, Santa Rosa, Okaloosa Counties) Center Manager -Tom Ledew 850/957-6140 Chipola River District (Bay, Calhoun, Gulf, Liberty, Holmes, Jackson, Walton, Washington Counties) District Manager -Joe Anderson 850/872-4175 Tallahassee District (Leon, Wakulla, Jefferson, Gadsden, Franklin Counties) District Manager -Ken Weber 850/414-1 131 Perry District (Taylor, Dixie, Madison, Lafayette Counties) District Manager -John K. Fish 850/838-2290 Suwannee District (Columbia, Baker, Hamilton, Suwannee, Bradford, Union Counties) District Manager -Mark Crow Jacksonville District (Duval, Ciay, 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 ^,nike ~;,~f h^,°rc 386/446-6787 ,IVlthla000~hee Forestry renter (P~SCO, Sumter HPrnanrin I ake (~itri;c rnOntiecl Center Manager - Winnie Schreiber 352/754-6777 Orlando District (Orange, Osceola, Seminole, Brevard Counties) District Manager -John Koehler 321 /690-6465 Lakeland District;POlk, Ni!!~b~rough, Pinel'a~ ~~un±ies) District Manager -Gary Zipprer 863/648-3163 sz BID NUMBER: RFP/DF-05/06-95 OPENING DATE: APRIL 14, 2006 @ 2:00 P.M. Myakka River District (Manatee, Sarasota, Charlotte, Desoto, Hardee Counties) District Manager - Ed Flowers 941/751-7629 Okeechobee District (St. Lucie, f~lartin, Indian River, Highlands, Glades, Okeechobee Counties) District Manager -Jim Rath 863/462-5160 Caloosahatchee District (Lee, Collier, Hendry Counties) District Manager -Hank Graham 239!694-21 81 Everglades District (Palm Beach, Broward, Dade, Monroe Counties) District Manager -David Crane 954/475-4120 63