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HomeMy WebLinkAboutBidVENDOR NAME 'CUE GaoV e-rP ee. MNN T1ZV s r, l td C - VENDOR MAILING ADDRESS 2940 5W 30*" COU971 CITY - STATE - ZIP MtNW I FL 33133 TELEPHONE:( 305 ) 44S • l312 AUTHORIZED SIGNATURE (MANUAL) 7TiORIZED SIGNATURE (TYPED) TITLE TIM M c Nt,&ma, Poeslr em -r I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. l agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal forthe Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. in submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida forprice facing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. 2. GENERAL INSTRUCTIONS TO RESPONDENTS ,lefinitions. The definitions found in s. 60A-1.001, F.A.C. shall apply i� this agreement. The following additional terms are also defined: (a) -Buyer* means the entity, that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) ."Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) 'Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "rrmetine" means the list of critical dates and actions included in the Introductory Materials. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. Electronlc Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPiace. The respondent ?grees that the action of electronically submitting its response •nstitutes: • an electronic signature on the response, generally, • an electronic signature on any form or section specifically tailing for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, • Special Conditions and instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, Including any appearing in documents attached as part of a respondent's response. in submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. *5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFioddaMarketPtace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB -8 •.. Tallahassee, FL 32399-0800 CEIJU�LES SS BPZMCN szICMR Telephone: (860) 617-7181 Page 1 of 5_ Pages BiDS NO. RFPIDF-09110-47 WILL BE OPENED FEBRUARY 12, 2010 @ 2:00 P.M. and may not be withdrawn within 90 days after such date and time AGENCY MAILING DATE: DECEMBER 7, 2009 NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT MARCH 31, 2010 i BID TITLE: 2009-2011 FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM VENDOR NAME 'CUE GaoV e-rP ee. MNN T1ZV s r, l td C - VENDOR MAILING ADDRESS 2940 5W 30*" COU971 CITY - STATE - ZIP MtNW I FL 33133 TELEPHONE:( 305 ) 44S • l312 AUTHORIZED SIGNATURE (MANUAL) 7TiORIZED SIGNATURE (TYPED) TITLE TIM M c Nt,&ma, Poeslr em -r I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. l agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal forthe Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. in submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida forprice facing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. 2. GENERAL INSTRUCTIONS TO RESPONDENTS ,lefinitions. The definitions found in s. 60A-1.001, F.A.C. shall apply i� this agreement. The following additional terms are also defined: (a) -Buyer* means the entity, that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) ."Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) 'Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "rrmetine" means the list of critical dates and actions included in the Introductory Materials. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. Electronlc Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPiace. The respondent ?grees that the action of electronically submitting its response •nstitutes: • an electronic signature on the response, generally, • an electronic signature on any form or section specifically tailing for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 4. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: Technical Specifications, • Special Conditions and instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, Including any appearing in documents attached as part of a respondent's response. in submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. *5. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFioddaMarketPtace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. Y BID NUMBER: RFP/DF-09/70-47 OPENING DATE: FEBRUARY 129 2010 @ 2:00 P.M. CHECKLIST X" 1. The entire Request for Proposal (RFP) has been read. X _ 2. The PUR Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Page 1 of 8) is completed and signed. Do not submit pages 2-8 of RFP document (PUR Form 1001/1000). X 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. X 4. Conflict of Interest Statement (Attachment B) is completed and signed. i� 5. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters for Expenditure of Federal Funds (Attachment C) is completed and signed. x 6. ARRA Forest Health improvement Initiative Grant Proposal form .(Attachment D) is completed and signed). Please note: All future correspondence will be sent to the contact person listed on your proposal. 7. Detailed itemized budget summary (Attachment E) is completed. NOT p-ePLLCMkA 8. In all instances where a local governments jurisdiction is impacted by the grant project, a resolution (by the local government) indicating support for the project must be submitted with the Grant Proposal Packet (Attachment F). tilt' 0PiACJ14te 9. This resolution (Attachment F) must also state that they will execute a Maintenance Memorandum of Agreement (Attachment H) with the Department of Agriculture. t4or IPPIACM1 10. For Demonstration or Site Specific Projects along roadways, a map must be included showing both the U.S. Highway and S.R. (State Road) numbers separated by a slash (/), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers !. µot' you are giving. At least three photos of the site should also be included. PuCA�s'� 11. in conformance with Section 481.329(7), Florida Statutes, "Persons who perform landscape architectural services not for compensation, or in their capacity as employees of municipal or county governments, shall not be required to be licensed...." This means that if the required design is completed by an unpaid volunteer or an employee of municipal or county government, a Florida registered architect does not have to sign and seal the drawings. X 12. One (1) original with blue ink signature and five (5) copies of the proposal package have been submitted. Gri 1,67TIEAS itN SuPpov-r or- Csa� APP"c-^--riog I. !`"t D. Sj°sRN 0(-"F I CskklRt i i C.irt-f C>r- muka-ki, CoRtAtSS1oN 2 . VRArccts Ariruci.c, SSI St1 r Dit2C- i�R t -DER. of PUOWf— WOR f-- 3 3 , �� ��pW�I ��tC.tr Oir SJSsC�*1t�4%� SN1'nATM�S 4. (�A`E D �'� Vii K6Et�2 ' Cit^( o F /4li�t a,.t RC—T 9 BID NUMBER: RFP/DF-0911047 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CONFLICT OF INTEREST STATEMENT 1, 3-r m 9 C"STE PIRM DINS , as authorized representative of TKC Gt2yYE TREI. A A -N TPLUST- 11 Nc. certify that no member of this firm nor any person having interest in this firm has been awarded a contract by the Department of Agriculture and Consumer Services on a non-competitive basis to: (1) develop this Invitation to Bid (ITB) or Request for Proposal (RFP); (2) perform a feasibility study concerning the scope of work contained in this ITB/RFP; (3) develop a program similar to what is contained in this ITB/RFP. AutKorized Representative F'E13QUAPL-1 R O 2ao9 Date Wp (ID F- ag /to - 47 Proposal Number 25 BID NUMBER: RFPIDF-09110-47 OPENING DATE: FEBRUARY 12, 2010 r@ 2:00 P.M. ATTACHMENT C " Florida Department of Agriculture and Consumer Services ` ^ { Division of Administration tr CERTIFICATION REGARDING LOBBYING; rf DEBARMENT, SUSPENSION AND OTHER CHARLES H. BRONSON RESPONSIBILITY MATTERS COMMISSIONER FOR EXPENDITURE OF FEDERAL FUNDS LOBBYING As squired by 7 CFR Part 30113. "of personS entering into a C;:ntracl. grant arcooperative agesatnenl ovar $104,000 i-rvclvin i ;he expendilure of Federal funds. the ur-dersigned certiies for itself and its principals Ittat. Isi No Federal .appreprialsd funds have been paid or will be pard. by or or o9half of the undarskned.:o any parscn nor infiuencrp or attempting to filk4n.r,* an.ofrcer or ernofoyee o' airy agency, a Member of Congress, an oTicer or entoloyae o' Co:igres& or an employee of a Member or Congress in connaccon with the making of any Federal Wwit, the entering into a a~ry c000erawe agreement. and the extension. cantinua:ion. renewal. ameridtrier t. or nWifcation of any Federa grant or xpperatfve algfeemem (i:) If any funds other Char Federal appropriated funds have been paid dr will be paid to any person for hifluencing -or attanpting to influence an officer or alnoloyae of any agency, a Member :;f Corgre.ss. an chicar or employee cf Congress or an emp?oyee of a Member or Congress. in ;xnnection ;r th ?hies Federal grant or crsoperative agreerreril. trig undersipned shall complete acid submit Standard Form - LLL. '0sGosure Farm to Report Lobbyi%l: in a :Cordance wit['. its instructions. and (c) The unde grad shalt require vlat the Is -Waage of this callificatio-n be included in the aaard documents for all subavards at all tiers lincluolk g 9ubgra.7its Contracts wider grents and co0pBfatiV0 apreemenis. and subcontracts) and Wal ail SubfeC p'ems a' all cenify and disease aocorairigly. This ceOr,Caticn is a material reprA.sgnlatfon of fact uponwhicti relia:lee was pieced when this transaction :vas rnada or ertefet into. Subrn aeion of .his cartAkation is a prerequisite for making cY Entering into this transaction imposed by sac!ion 1?,02. title 31, U.S. Code. Any pefsor: who fails to Fite Lite required certifraticn shall be subject to a civil pera ty nr not less teat= 5110,0050 and not more than S1 oo-000'or each su&' Failure. uts& 1Ac-"5T% 12PP(DF-09 I0-47 PRINTED NAh1E1TITLE OF REP ESENTATIVE CONTRACT r PURCHASE ORDER NUMBER S[ y E OF REPRE5ENTATlLyE 11ATE J �... DIBARMENT. SUSPENSION AND OTHER RESPONSIBILITY MATTERS As required by 7 CFR Part 3017. For persons entering into a cr nvact. grant or cCoperstive agreament over $26,000 involing the expenditure of Fecerat funds. the urdersigned certTes ror itself and fts pri.'icipals that. ;el Are not orasently debarred. swovnded. proposed fw debar+tient, deciared i Wi6ble. or rolur+lariiy exctud4isd frcm :.OVa'ad tiansaction3 by ary Federal de. aMient or agency- (bl Hsve not withki a lhreg-year period ora�ed]vg this applicator tl3 ri co!wi�tad of of had a ct udgrnant reryferad ariainsl ifisir res' cbnurissior of fraud or a criminal ofren3a x. connec!ion r,:tii obtaining, attempting to obtain, or pentorming a public(Federal. State. or socaf) t: BnsaLtlon or Contract under a public transaction- violation or FeCara' of Slate antitrust stalufe Sr Cdirimissar of embaz2lemant, theft, forgery. b iberr. falsif+;ation or dastrtxtion or racorrs, making res=s4a staternsrl,. of <aceiving stolorr property. (4f Are .71.01, prasertly;ncSctad for or ofhar:vse crirni•ially of :iv ly Cllarket: by a GCvernniert erity (Fedefai. Stale. vocal) wiO c iniwissicn of airy ofrenses enumefa ed in paragraoh (W of this caaikator., and dl 'cave not within a three-year perod ofaced-ng this applicator had one cr more public :rarsacVor, ;Federal. State. or lata:) terminated ror cause of dafautl, and 1rt4iere t'le apploan! 5 unable ,o cartiFy to any of the slaterre-lt5 in this Carti6cat ort,. lie or sl`e shall attach an explanation to this avpi canon. J19 NCAA5fEP-_�__P__r2E91DENT� CSC -P JDF�- 09f o -47 PRINTED NAMEITiTLE OF REPRESENTATIVE CONTRAC r PURCHASE ORDER NUMBER N 11RE OF REPRESENTATIVE f DP,TIr DACSA' 522 03106 26 BID NUMBER: RFP/DF-09110-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. ATTACHMENT D FLORIDA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROPOSAL FORM 2009-2011 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 112" X 11 in, except any attached sketches, plans and maps which must be no larger than 2'X Y and folded into 8112" X 11". Six (5) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than February 12, 2010, at: Department of Agriculture and Consumer Services Purchasing Office - Forest Health Improvement Initiative - 2009-11 PROPOSAL Ilvrayo Building - Room SB -8 Tallahassee, FL 32399-0800 Telephone (850) 617-7181 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" =ROPOSER INFORMATION (Please Print or Type) rrojectTltle: CiTIf OF AlArml PUF�Lic AWT141-OC WRy TRGG- Q*tC01,Pj 1or4 PROJERGT- Proposer Name: 7146 CKONtE 79i-'C"MAt4 -T905T1 INC. Name and Title of Contact Person: JIM M A G MPDS i`i'lg- I PRE51 V N T_ Address: 2940 Svc 5012% CouRT WXPA , RL Dlle1l)A Zip: 33133 Phone:( 305 443 • i 3 i 2 FEID Number (05- OBD t t < �7 US Congressional District Number s;your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? `s ✓ No 'he applicant is a city or county government, does your urban forestry program have the following: Noll- APPLtQW ' P;fessional Staff, in-house or contracted, List qualifications such as ISA certification, forestry degree, etc. Citizen Tree Advisory Board or Tree Advocacy Group, describe: Urban Tree Inventory or Management Plan, how current? Tree Ordinance Covering either public or private lands, describe: As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer. 11e: j� 510ENT �icinature: 1 , t JIK NSC it\.ArSrcP. In Date: Fee RyP4L-f ID 1 '2010 ATTACHMENT D (Continued) CITY OF MIAMI PUBLIC RIGHT OF WAY Tree Remediation Project I. Background The City of Miami's limited tree canopy has suffered at the hands of developers and hurricanes. Since 2005, under various reforestation and mitigation programs, residents, developers, and the city planted over 5000 trees in the public right-of-way. There is ample scientific evidence to indicate that the growth, general structure and health of newly planted or young trees can be enhanced by certain aftercare cultural practices. In the urban setting, such trees rarely receive needed competent aftercare due both to lack of funds and to the unavailability of personnel adequate to the task. The benefits of corrective/structural training of young trees are widely known, but rarely experienced in urban forest settings because they are rarely practiced. Since trained trees are structurally stronger and healthier than untrained trees, they have a longer useful life in the urban landscape. They are significantly more wind worthy and have a reduced hazard potential, which results in less liability exposure for the city and increased safety i 4i for the citizens. They are cost effective because trained trees need less maintenance and are easier to care for in later life. Pruning of branches that are impediments to the healthy/stable development can be removed early at a fraction of the later cost. Finally, the pruning of these trees may preempt well meaning but harmful pruning by residents or their agents. II. The Grove Tree -Man Trust, Inc. The Grove Tree -Man Trust, Inc. (the Trust) is a Florida nonprofit corporation and a qualified 501(c)(3) organization created in 1996 to preserve, plant, and maintain trees in the Coconut Grove section of Miami. Since 1996 Trust members have donated their time to assist in drafting a stronger tree ordinance for Miami, and to assist various City enforcement boards in identifying, evaluating, and mitigating tree loss due to construction and development in Coconut Grove. The Trust has used its funds to provide professional tree surveys and site evaluations for use by affected neighborhoods in larger development projects in Coconut Grove. The Trust has used its funds in a program to plant trees throughout the public areas Coconut Grove, and in underserved neighborhoods 'r in particular, by identifying appropriate areas and appropriate species, planting Florida Grade 1 trees, watering the trees until they are established, and pruning them for structure and strength. Since 2005 the Trust, in partnership with the City of Miami, has implemented a very successful aftercare program for training young trees in the public right of way and parks by pruning them for structure and strength, removal of staking and guying materials, and removal of excessive dirt, rock, and mulch from rooting areas. Our procedure for training young trees adheres to accepted arboricultural practices as described in International Society of Arboriculture Tree Pruning Guidelines, Illustrated Guide to Pruninu, by Edward Gillman, and ANSI A 300 standards. All pruning has been performed by an ISA Certified Arborist who has been certified since 1997, and F who has extensive experience in this form of pruning. Under this program, the Trust has pruned hundreds of young trees, and has had success in producing trees that are healthy, structurally sound and stable, aesthetically pleasing, and hazard free. To date, this program has been limited to the Coconut Grove area of Miami. Receipt of funding under the application made here would allow the Trust to expand this already established and effective program to selected trees planted in the right of way in the rest of the City of Miami, including areas within the City of Miami which have been underserved by public services. III. The Proposed Tree Remediation Program Under this grant, the Trust proposes to prune young trees for structure and strength in the public rights of way and pubic parks throughout the City of Miami. Trees eligible for remediation under this proposal must be 1) in the public right of way within city limits, excluding state and county maintained areas; 2) in the ground between 1 and 5 years, or approximately 12' to 20' in height, and 3) not palm species. All pruning will be performed by a certified arborist in accordance with the standards noted above. It is important to note that 100% of grant funds applied for will be used for pruning. The cost of planning, surveying appropriate trees and locations, working with the city for removal of debris, and other administrative efforts required to complete the work under this proposal will be donated by the Trust, Where staking and guying materials or excessive dirt/rock/mulch over root areas need to be removed, the field arborist will notify the City of Miami for remediation. If the city is unable to perform this activity, it will be provided and paid for by the Trust. The City has agreed to continue to work with the Trust to provide areas for debris disposal. If any additional cost is incurred for debris removal, it will be paid for by the Trust. If this proposal is fully funded, it is anticipated that 600 trees can be pruned, as detailed in the budget. IV. Additional Considerations for This Grant Previous U&CF Grants: The Grove Tree -Man Trust, Inc. has not received any previous Urban and Community Forestry Grants. Community Support: Attached are letters of support from City of Miami Commissioner Marc Saznoff, Assistant Director of the Department of Public Works Francis Mitchell, Office of Sustainable Initiatives Glen Hadwen, and Acting Director of the Neighborhood Enhancement Team Haydee Wheeler. Community Publicity: The Trust will work with _the city offices of Commissioner Sarnoff, Sustainable Initiatives, and Neighborhood Enhancement Team to prepare and publish pictures and articles about this project in the Neighbors section of the Miami Herald. Tree City USA Certification and Award: The City of Miami has currently holds this certification, and was the recipient of a Tree City USA Growth Award. Certified Arborist Participation: All pruning will be performed by a certified arborist. A certified arborist who is a member of the Trust will participate in the selection of trees to be pruned as part of this grant program. 2 COY#g of fflianli G1�Y OF,t� F d iatii iutn Q. 9��C0„gL0¢�4 February 9, 2010 Florida Department of Agriculture and Consumer Services 407 South Calhoun Street Mayo Building, Room SB -8 Tallahassee, FL 32399-0800 PEDRO G. HERNANDEZ, P.E. City Manager RE: Letter of Support— 2011 Forest Health Improvement Incentive Grant Program To Whom It May Concern: One of the top priorities of the City of Miami Office of Sustainable Initiatives (MSI) is to implement the City of Miami Tree Master Plan. The Master Plan has a goal of increasing the city's tree canopy to 30% citywide by 2020. I am writing this letter to support the application of The Grove Tree -Man Trust, Inc. (Trust) to fund a program to trim small, trees for structure and strength in the public right of way of the City of Miami. Over the past five years developers, landowners and the City have installed trees in the right of way. This follow up pruning for structure and strength is necessary to ensure that the trees grow properly. MSI has worked to increase the city's tree canopy through funding community tree plantings and tree giveaways. The Trust received a community tree planting grant to install trees in the Morningside section of the City of Miami a couple of years ago and successfully completed those tree installations. A representative of the Trust serves -on the. Urban Forestry Working Group of the Miami Green Conunission and has participated in the City's fruit tree giveaways. MSI has always found the Trust to be a reliable partner. This grant will allow the Trust to take its program to train young trees for structure and strength, which it has been doing in Coconut Grove for years, to the rest of the City of Miami. If you have any questions please feel free to contact me. Sincerely, A Glen Hadwen Environmental Programs Manager MIAMI OFFICE OF SUSTAINABLE INITATIVES 444 S.W. 2nd Avenue, 5th Floor, Miami, Florida 33130 (305)416-1532 Fax: (305)416-2151 Mailing Address: P.O. Box 330708-0708 Miami, FL 33233-0708 BID NUMBER: RFP/DF-09110.447 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. ATTACHMENT E BUDGET Category: 2. T�zEE RGrKEyrt�'rtoc�,c Specific Description: CC4126nV6 PRUN(t tCr YOUNG -TRC -e5 GIT,( OF Al&} A( 11(001-OrWAIJ i;t tMMARY OF COSTS Requested Grant $ Contractual costs 124 000 Equipment Use costs 0 Supplies costs O ,_ Operating costs O Tree costs O Total Requested Grant (1) $ 24 000 `A budstet. detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County 9166-kl • -DAe 'DEF Describe the Specific Location of the Project: Py1S1L ( I&4T otr WM WIT -14 -It -4 Cm -i oP AiAml) ey, cLV At K (r COUP `/ MO ST'ArTe M I, W rA l t4ft A rAgM Who has respansibiiify for overseeing Project implementation (name and title): �I �- It+lPrcSTCR 1Of2e5'tDL--Ui 'tC 6-t2ovG TRS. MAN TRUST'. Who has maintenance responsibility for the Project after completion: NOT' ArP P Ll.0 3 Le% TN t S Pv,o(-,oSAt- IS MP- ONL TWk StQts 0Tv RP1_[G�a QeCrrv6 PR��irrG o�..�c, +ti4 Land Ownership Public or Private?: PU$LIG Name of Landowner. CI'ri op MINI -k i Project Title: C t -t -r' o iP Mt Piµ l P v $wc- R t &OT " WM 'MEC- Rpt ED iNTi oN Noir Applicant Name: TRC CTQoYG- fiQE"C-' MAN TRUST 1KC. Email Address: J IM G M 110.0 Q,5 (P GL O A . C o tr, 29 BID NUMBER: RFPIDF-0911047 OPENING DATE: FEBRUARY 12, 2010 Q 2:00 P.M. ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. - Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost contractu (Description) SEE (oO� 4.0 PQ2. uME r �rt'1'PcG µ -TREES TRM Gquiament Use list items) Ntr e_ 30 BID NUMBER: RFP/DF-09/10-47 ATTACHMENT E (Continued from page 30) BUDGET Cost Items Contractual Description Contractor will provide: 1 certified arborist 1 laborer All pruning tools and equipment Licensed and insured Contractor will prune selected trees for structure and strength, and remove all branch debris to areas designated for disposal by the City of Miami Items to be Donated by The Grove Tree -Man Trust, Inc. 1. Time and materials in working with city to locate young trees in the ground for 1- 5 years in public right of way throughout the city. 2. Time of Trust president and arborist in identifying trees (not palms) appropriate for project, insuring all city districts are included in project. 3. All time and costs of project administration, including supervision, report writing, bookkeeping, and any other administrative efforts that may be required by the grant contract. 4. Removal of staking material and excess mulch or dirt, if necessary. 5. Disposal of branch material by brush chipper and dumping of mulch, if necessary. 6. Preparation of photographs and news releases for use in Neighbors section of The Miami Herald. BID NUMBER: RFP1DF-09110-47 OPENING DATE: FEBRUARY 12, 2010 Q 2.00 P.M. Cost Items Quantity Rate or Price Grant Cost W) M M Sum (list items) NOT a. W, V 31 BID NUMBER: RM1317-09110-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. Cost Items Quantity M Rate or Price M Grant Cost M TfeES 4 (list species and size) Total I 32 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12,2010@2:00 P.M. ATTACHMENT G EXAMPLE ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the Name of Agency, hereinafter called the "Contractor". WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community f^�--stry by awarding funds to the Contractor for the specific project set forth in grant application Number XX-,% included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.688; WHEREAS, the six digit Department of Management Services' class/group code commodity catalog control number is 991-365. WHEREAS, the Department and the Contractor are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Contractor by Resolution No. XX -XX, dated month/day/yr, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; NOW, THEREFORE, the parties, for and in consideration of the mutual covenants and agreements contained herein agree as follows: A. Failure by the Contractor to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The contract is valid upon execution through September 30, 2011. C. The Contractor has estimated the project cost to be 24,000 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Contractor the total sum of $ 24.000 of the final approved project costs. The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Contractor agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Contractor shall be subject to periodic inspections by the Department. The Contractor shall not change or deviate from the project without written approval by the Department. 34 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. F. The Contractor agrees to submit to the Department an interim report on project accomplishments quarterly (June 30, 2010, December 31, 2010, March 31, 2011, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a completed reimbursement summary sheet to the Department with sufficient attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid to the Contractor prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. For installed plant materials, a sixty (60) day grow -in -period will be required after project completion. C,6rification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Contractor must submit the final claim for reimbursement to the Department on or before September 30, 2011. The Contractor acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the U.S. Forest Service. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice was received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer n ,rsuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850) 488-2020 or Purchasing Office at (850) 617-7181. Invoices returned to an Entity (Subrecipient) due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Department. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Expenses associated with travel and per diem are not eligible. Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for 35 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12,2010@2:00 P.M. a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services' Hotline, 1-800-342-2762. This Agreement may be terminated under any one of the following conditions: A. The Department may terminate this contract at any time in the event of the default or failure of the Contractor to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for herein, the Department shall provide thirty (30) calendar days written notice of default and shall provide the Contractor the opportunity to cure such failure or default within said thirty (30) day period. Upon the failure or inability to cure, the Department shall have all rights and remedies provided at law or in equity, including without limitation the following: Temporarily withhold cash payments pending correction of the deficiency by the Contractor. 2. Disallow all or part of the cost of the services not in compliance. 3. Wholly or partly suspend or terminate this contract. B. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 11 9.07(l), Florida Statutes. C. By either party following sixty (60) calendar days written notice. In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Contractor. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). 36 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through K are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for-profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate agencies. State financial assistance does not include Federal direct or pass-through awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for-profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). M BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non -state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. 38 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12,2010@2:00 P.M. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from the non-federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: 39 13111) NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass-through entities in accordance with Sections .320(c) and (f), OMB Circular A-133, as revised. E. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A-133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850) 656-0168. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, inrnrporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987. 40 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. The Contractor is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Contractor is informed that the employment of unauthorized aliens by any Entity (Subrecipient) is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor k^nwingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, sex, religion, color, national origin, age or disability and shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101-6107). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC, 20250-9410, or call (202)720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. All products (brochures, signs, videos, etc.) funded by the Urban and "r=,imunity Forestry Grant must display a statement that the grant recipient is an equal opportunity provider. In accordance with Florida Statute 768.28, the Contractor Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Contractor during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Contractor nor any of its sub -contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. 41 BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R-8 Tallahassee, Florida 32399-1650 All notices, demands, requests or other instruments to the Contractor shall be addressed to: Ms. Corrine Lajoie City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER SERVICES Signature Signature Title Title Date 42 Date BID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or rrlation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show the total State resources awarded for matching. Federal Program (list Federal agency, Catalog offederal Domestic Assistance title and number) - S (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 proiect and show total state financial assistance awarded that is subiect to Section 215.9 7, Florida Statutes. - Project (list State awarding agency, Catalog of State Financial Assistance title and number) - S (amount) DACS-01085 REV. 11/07 43 DFS -A2 -CL July 2005 Rule 69I-5.006, FAC SID NUMBER: RFP/DF-09/10-47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC"for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non -Federal resources, there may be more than one grouping (i. e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DACS-01085 REV. 11107 44 DFS -A2 -CL July 2005 Rule 69I-5.006, FAC