Loading...
HomeMy WebLinkAboutexhibitCHARLES H. BRONSON COMMISSIONER Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB-8 Tallahassee, FL 32399-0800 Telephone: (850) 487-3727 Page 1 of 61 Pages AGENCY MAILING DATE: May 4, 2005 BIDS NO, RFPIDF-04105-99 WILL BE OPENED JUNE 30, 2005 © 2:00 P.M. and may not be withdrawn within 90 days after such date and time NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT 811120045 BID TITLE: 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME VENDOR MAILING ADDRESS AUTHORIZED SIGNATURE (MANUAL) CITY - STATE - ZIP TELEPHONE: ( AUTHORIZED SIGNATURE (TYPED) TITLE I certify that this Proposal Is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of thls Proposal and certify that I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that lithe Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price Axing 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. 1. "3. (c) (d) (e) GENERAL INSTRUCTIONS TO RESPONDENTS Definitions. The definitions found in s. 60A-1.001, F,A,C. shall 4. apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. (b) "Procurement Officer" means the Buyer's contracting personnel, as Identified in the Introductory Materials. "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. "Response" means the material submitted by the respondent In answering the solicitation. "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2. General instructions. Potential respondents to the solicitation are. encouraged to carefully review all the materials contained herein and prepare responses accordingly. Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, ail references herein to signatures, signing requirements, or other required acknowledgments hereby Include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: •• an electronic signature on the response, generally, •• an electronic signature on any form or section specifically calling for a signature, and •• an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. .5. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: •• Technical Specifications, •• Special Conditions, Instructions to Respondents (PUR 1001), General Conditions (PUR 1000), and Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting Its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, Including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for Information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and Issued by the Buyer's contracting personnel. Questions to the Procurement Officer 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. 6. Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an Interest of five percent (5%) or more in the respondent or Its affiliates. 7. Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: •• submitting a bld on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 8. 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 an a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with any public entity; Or transact business with any public entity. 9. Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with Its response a written explanation of why it cannot do so). •• The respondent is not currently under suspension or debarment by the State or any other governmental authority. To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under Investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. To the best of the knowledge of the person signing the response, the respondent has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. The submission is made In good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. The respondent has fully Informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This Includes disclosure of the names of current employees who were convicted of contract crimes while In the employ of another company. Neither the respondent nor any person associated with It in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or c Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. The product offered by the respondent will conform to the specifications without exception. The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. If an award is made to the respondent, the respondent agrees that It Intends to be legally bound to the Contract that Is formed with the State. The respondent has made a diligent inquiry of Its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct Inconsistent with any of the statements and representations made in the response. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error In the respondent's preparation of its bid. All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 10. Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. Respondent must be prepared, If requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone In respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119,07(3)(m), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 12. Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall 11. 2 electronically post a notice of intended award at http://fcristate.fl.us/owa_vbsiowa/vbs_www.main_menu. If the notice of award is delayed, In lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of Intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 13. Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award Is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 14. Clarifications/Revlslons. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested Information may result in rejection of the response. 16. Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 16. 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. 17. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements In the manner the Buyer deems to be In its best Interest. "18. Public Records. Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a respondent believes that its response contains Information that should not be a public record, the respondent shall clearly segregate and mark that information (for example, placing the material In a separate electronic file, end including the word "Confidential" in the filename) and briefly describe In writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. 19. Protests. Any protest concerning this solicitation shall be made In accordance with sections 120,57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, fairness, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.67(3)(a), F.S. requires the following statement to be included In the solicitation: "Failure to file a protest within the time prescribed In section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes." Section 28-110.005, Fla. Admin. Code requires the following statement to be Included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes," " DOES NOT APPLY TO THIS AGENCY. PLEASE REFER TO SUBMISSION INSTRUCTIONS IN THE BID DOCUMENT. "" DOES NOT APPLY TO THIS AGENCY. PLEASE REFER TO SPECIAL CONDITIONS IN THE BID DOCUMENT. GENERAL CONTRACT CONDITIONS 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity that will order products directly from the Contractor under the Contract. (c) "Product" means any deliverable under the Contract, which may Include commodities, services, technology or software. (d) "Purchase order' means the form or format a Customer uses to make a purchase under the Contract (e.g„ a formal written purchase order, electronic purchase order, procurement card, or other authorized means). 2. Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to Incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved In favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to Incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. (PUR 1001 - 80A-1.002(7), F.A.C.) 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests In writing an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) pest Pricinn Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change In market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. 3 (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment In the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility Is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and 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. 7. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, Information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test date, etc. The Customer shall determine In its sole discretion whether a product is acceptable as an equivalent. 6. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 9. Safety Standards. Alt manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved In a manner acceptable to the appropriate State Inspector. Acceptability customarily requires, at a minimum, Identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories andior National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all Items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 10. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 11. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 12. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and (e) Contractor suspension. 13. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional Installation charges. All materials used in the Installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or Injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to Its original condition. Contractor shall perform installation work so as 10 cause the least Inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and In a neat and unobstructed condition, with everything in satisfactory repair and order. 14. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove It from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 15. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A- 1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction Is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such Item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number, and the appropriate vendor Identification number. The State may require any other Information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based Invoices 4 for those transactions processed through the system. Electronic Invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made In accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction, The Customer reserves the right and the complete discretion to accept any such 'alteration or 10 cancel the Contract at no further expense to the Customer. 19. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, In connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value In the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http:lldlls.dos.state.fl.us/barm/genschedules/gensched,htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of Investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result In the Contractor's suspension or debarment. 20. Indemnification, The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused In whole or in part by Contractor, Its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not Indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or Intellectual properly right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an Infringement suit, or in the Contractor's opinion Is likely to become the subject of such a suit, the Contractor may at Its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid In excess of a reasonable rental for past use, The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance In defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer In any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 21. Limitation of Liability. For all claims against the Contractor under any Individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated In the Contract or in the purchase order, no party shell be liable to another for special, Indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or Its affiliates to the State against any payments due the Contractor under any contract with the State. 22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when In the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) Issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 23. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in Its sole discretion that it Is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 24. Termination for Cause. The Customer may terminate the Contract If the Contractor falls to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any Term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any 5 work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default Is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 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 if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, lithe Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay Is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph Is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase In the Contract price or payment of any kind from the Customer for direct, indirect, consequential, Impact or other costs, expenses or damages, Including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, In whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in Its sole discretion, that the delay will significantly Impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 26. Scope Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 27. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period Is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, end is contingent upon satisfactory performance evaluations and subject to availability of funds. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any Information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30, Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies Is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court In Leon County, Florida; In any such action, Florida law shall apply. The parties waive any right to jury trial, 31. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, Including, but not limited to, technical or training qualifications, quality of work, change in security status, or non- compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 32. Security and Confidentiality, The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees In the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary Information In the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed Independently without relying on the State's or Customer's confidential Information, or material that is otherwise obtainable under State law as a public record. To Insure confidentiality, the Contractor shall take appropriate steps as to Its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 33. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other 6 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. than the State of Florida. 34. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. Ail insurance policies shall be through insurers authorized or eligible to write policies in Florida. 35. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 38. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy Its Contract obligations. The Contractor warrants that neither it nor any affiliate Is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal govemment. The Contractor shall immediately notify the Customer in writing if Its ability to perform is compromised in any manner during the term of the Contract. 37. Notices. Ail notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S,) Is required for State agencies to enter into or to extend any lease or Installment - purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946,515(2), F.S. requires the following statement to be included In the solicitation: It Is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation Identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946,515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional Information about PRIDE and the products it offers Is available at htip:llwww.pridefl.com. 40. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be Included in the solicitation; "It Is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, In the same manner and under the same procedures set forth In section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http:llwww.respectofflorida.org. 41. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, Including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 42. Cooperative Purchasing. Pursuant to their own governing Taws, and subject to the agreement of the Contractor, other entitles may be permitted to make purchases al the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287,042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 43. Waiver. The detay or failure by the Customer to exercise or enforce any of Its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 44. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution In Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not In violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 47. Special Conditions. Pursuant to 60A-1.002(7), F.A.C., a Customer may attach additional contractual and technical terms and conditions. These "special conditions" shall take precedence over this form PUR 1000 unless the conflicting term in this form is statutorily required, in which case the term contained in the form shall take precedence. *THIS CONDITION DOES NOT APPLY TO THIS AGENCY. (PUR 1000 - 60A-1.002(7), F.A.C.) 7 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. CHECKLIST 1. The entire Request for Proposal (RFP) has been read. 2. The RFP Form 1001/1000 Instructions to Respondent's and General Contract Conditions (Pages 1-8) is completed and signed. 3. A complete address for the Proposer in the space provided (include street address or post office box, city, zip code and telephone number.) Please note: All future correspondence will be sent to the contact person listed on your proposal. 4. In all instances where a local government's jurisdiction is impacted by the grant project, a resolution (by the local government) indicating support for the project must be submitted with the Grant Proposal Packet (Attachment G). 5. For Site Specific Projects, a resolution from the responsible governing body must be submitted with the Grant Proposal Packet, indicating that they will execute a Maintenance Memorandum of Agreement with the Department of Agriculture. 6. Documentation of costs incurred and photographs before the completion of Site Specific Projects, as well as after completion for projects implemented since October 13, 2004. This documentation needs to be submitted as evidence that storm damage has occurred for site specific projects, where applicable. Documentation should also indicate what costs have already been reimbursed, and by what agency. 7. For site specific projects along roadways, please provide on page 2 of the Proposal form (Attachment D), both the U.S. Highway and S.R. (State Road) numbers separated by a slash (1), if both exist. If only one exists, please circle either "U.S." or "S.R." to indicate which numbers you are giving. 8. In conformance with Section 481.329(7), Florida Statutes, "Persons who perform landscape architectural services not for compensation, or in their capacity as employees of municipal or county governments, shall not be required to be licensed...." This means that if the required design is completed by an unpaid volunteer or an employee of municipal or county government, a Florida registered architect does not have to sign and seal the drawings. 9. Conflict of Interest Statement (Attachment B) is completed and signed. 10. Urban and Community Forestry Proposal form (Attachment D) is completed and signed in blue ink. Detailed itemized budget summary (Attachment E) is completed. 11. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements (Attachment C) is completed and signed. 12. One (1) copy with original signature and five (5) copies of the proposal package have been submitted. 8 BID NUMBER: RFP!DF-04/05.99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. REQUEST FOR PROPOSAL 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM INSTRUCTIONS TO PROPOSERS Each Proposer must complete/provide the following to be considered: HOW TO SUBMIT A PROPOSAL Proposals must be submitted in a sealed envelope to the address listed on the Form 1001/1000 Instructions to Respondent's and General Contract Conditions by the time and date listed on the form. In addition to the address, the face of the envelope shall be marked with the date and time of the proposal opening and the proposal number. 1. Each proposal shall be submitted in separate sealed envelopes and must contain six (6) copies (one original and five copies) of the proposal including all attachments. a. These should be printed/copied on one side only and must not exceed forty (40) pages, including attachments. b. All attachments must be folded to a size not to exceed 8 1/2" X 11". c. All proposals must be complete and bound by binder clip or staple NO rubber bands, binders of any kind, folders or envelopes. d. All signatures on the "original" must be in blue ink. e. Multiple proposals must be submitted in separate envelopes and clearly identified as proposal #2, proposal #3, etc. Failure to comply with this requirement may result in non award of any proposal. 2. Form 1001/1000 General Instructions to Respondent's and General Contract Conditions Complete, date and obtain a signature from the individual who is legally authorized to approve submittal of the proposal. Failure to return a signed form will cause the proposal to be ruled ineligible. 3. Conflict of Interest Statement (Attachment B) must be completed and signed. 4. Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug free Workplace Requirements (Attachment C) must be completed and signed. 5. Grant Proposal Form (Attachment D) Proposers must use this form. It must not be altered in format or content. This form must be completed in its entirety; the first two pages and the project description (two page maximum, minimum 12 font), and a detailed budget. The legally authorized representative for the Proposer must sign and date the form. Unsigned proposals will cause the proposal to be ruled ineligible. 6. Budget (Attachment E) Must be completed in detail. a BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. TABLE OF CONTENTS Request for Proposal Form 1001/1000 Instructions to Respondent's and General Contract Conditions Special Terms, Conditions, Specifications Attachment A Notification of Vendor Ombudsman's Name and Telephone Number Attachment B Conflict of Interest Statement Attachment C Certifications Regarding Lobbying; Debarment; Suspension and Other Responsibility Matters; and Drug Free Workplace Requirements Attachment D Emergency Hurricane Supplemental U&CF Grant Proposal Form (includes Narrative Format/Evaluation Form) Attachment E Budget Attachment F Example Emergency Hurricane Supplemental U&CF Grant Proposal Attachment G Example Emergency Hurricane Supplemental U&CF Grant Resolution Attachment H Draft Emergency Hurricane Supplemental U&CF Grant Memorandum of Agreement (MOA) Attachment I Draft Emergency Hurricane Supplemental U&CF Grant Maintenance Memorandum of Agreement (MMOA) Attachment J Division of Forestry Local Contacts 10 BID NUMBER: RFPIDF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. REQUEST FOR PROPOSAL DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS INTRODUCTION During the months of August and September, 2004, Hurricanes Charley (August 13), Frances (September 3), Ivan (September 16), and Jeanne (September 26) caused widespread damage to the urban forest component of community infrastructures throughout the State of Florida. It is estimated that over 180 Florida communities were impacted by hurricane force winds, in some cases on three separate occasions. The loss of tree cover in these communities has created negative economic, ecological, and aesthetic consequences. These include decreased property value, loss of tourism, extensive cleanup and recovery costs, costs associated with increased storm water runoff, loss of energy conservation benefits, and degraded air and water quality. Damaged trees also pose safety hazards to citizens and structures. Improvements to surviving urban trees need to be made to improve their health and reduce damage from future storms. Local community leaders and the general public also need to learn more about how their urban trees benefit their community, from an economic, social, and environment standpoint. They also need to learn how to properly select, plant and care for trees to minimize resulting future storm damage. To address the situation, the USDA Forest Service requested emergency funding from Congress to help impacted communities replant and revitalize their urban forests. In response, Congress authorized funds for this grant program under the "Emergency Supplemental Appropriations for Hurricane Disaster Assistance" (HR4837, PL 108 324). This legislation provides disaster assistance to "...mitigate the effect of recent hurricanes and other weather related events." PURPOSE The purpose of the 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program is to provide financial assistance for tree planting, arboricultural practices and educational programs in urban areas throughout the State of Florida. Local governments, Native American Tribal Governments, volunteer groups, nonprofit organizations and educational institutions throughout the State of Florida are eligible to receive 75% cost share funds to implement the above mentioned activities. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway and street rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non-profit entities. Approximately $13,500,000 in grant funds will be available for Florida communities. All Florida communities are eligible to receive funding, with the most heavily impacted communities receiving the highest priority. Approximately $500,000 will be allocated to educational programs. Approximately 60% of the remaining funds ($7.8 million) will be allocated to tree planting practices, and approximately 40% of the remaining funds (5.2 million) allocated for arboricultural, inventory, and assessment projects. More specifically, the FDACS, Division of Forestry is requesting proposals for grants to: ■ Conduct inventories of trees in public areas, and assess the condition of individual trees. 11 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. • Replant trees destroyed by the hurricanes of 2004, and plant appropriate new trees in areas where they would serve as wind buffers in the event of future storms. • Provide appropriate replacement trees to homeowners who lost trees as a result of the hurricanes. • Replace exotic, over mature, and weak rooted trees with more wind resistant species. • Control exotic vegetation in public areas that has been spread as a result of the hurricanes of 2004. • Conduct corrective pruning, staking, fertilizing, and other cultural practices to remove safety hazards and improve the wind resistance and overall health of surviving trees. • Implement educational programs to improve the understanding of citizens and local officials of the benefits of maintaining a healthy canopy of trees in urban areas. These programs will also help citizens and officials to take measures in advance to minimize storm damage from trees and react decisively when storms occur. SCOPE The Forestry Title of the 1995 Farm Bill, passed by the 107th Congress, authorizes the US Forest Service to provide funding to states for grants to communities in support of their urban forestry programs. Florida Statutes (F.S.) 589.28 authorizes the Florida Department of Agriculture and Consumer Services (hereafter referred to as FDACS or Department) to cooperate with local governments to promote the planting and protection of trees to improve the beauty and livability of urban environments within the State of Florida. DEFINITIONS For the purpose of this Request for Proposal (RFP): 1. "Applicant" means a local government, a Native American Tribal Government, a legally organized nonprofit organization or an educational institution submitting a proposal for federal funds under this grant program. 2. "Appropriate Species or Tree Planting" refers to selecting tree species that are suited to the size, soil characteristics, climate, surrounding natural or man made obstacles, and any limitations of the planting site. Also, selecting species that have not been shown to be especially susceptible to either windthrow or breakage during storms. 3. "Center Manager" or "District Manager" means the Division of Forestry administrative official, or his/her designee responsible for all forestry activities within a multi county administrative unit, pursuant to Florida Statute 589.30. 4. "Chief Executive Officer" means the chief administrative employee of a local government, nonprofit organization or educational institution. 5. "Commissioner" means the Commissioner of Agriculture for the State of Florida. 6. "Department" or "FDACS" means the Florida Department of Agriculture and Consumer Services, an agency of the State of Florida. 7. "Hazard Mitigation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement to minimize a tree's risk to life and property. 12 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. 8. "Local Government" means a county, municipality, city, town, village, local public authority, school board district, independent special district of any type, regional government entity, or any agency of a local government. 9. "Nonprofit Organization" refers to an organization which has filed an application with the Secretary of State of Florida for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a Federal Employer Identification Number by the Internal Revenue Service. This may include homeowners associations, where the nature of their application is consistent with the eligibility limitations of this grant program. 10. "Proposal" means an Urban and Community Forestry Grant Proposal Form and its required attachments and supporting documentation not to exceed a total of 40 one sided pages, including maps and plans. 11. "Remediation" refers to arboricultural practices such as pruning, staking, guying, fertilizing, and growing site improvement is to improve the long term health of trees. 12. "RFP" means Request for Proposal. 13. "Site Preparation" refers to mechanical and/or chemical treatments used to remove woody debris from a proposed planting site and make the site suitable for tree planting and growth. 14. "State Forester" means the Director of The Division of Forestry. 15. "Statewide Project" means a project that impacts the whole state or one that implements specific activities in more than one municipality of the state as determined by the Department. 16. "U&CF Grant Coordinator" means the Division of Forestry employee designated by the State Forester to coordinate implementation of the grant program. 17. "U&CF Subcommittee" means the subcommittee assigned by the State Forester to evaluate and rank the qualifying proposals. ELIGIBILITY REQUIREMENTS 1. Qualified applicants include legal nonprofit organizations, educational institutions, local government entities of all types and Native American Tribal Governments. Counties may apply on behalf of one or more unincorporated population centers within their jurisdiction. 2. All communities in Florida are eligible to apply for grants. 3. Projects that have been initiated since the Presidential declaration on October 13, 2004, are eligible for funding under this grant, provided that adequate financial documentation and verifiable evidence of successful completion exist. 4. Project expenditures for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. 5. FEMA or other Federal funds can not be used to match funding received under this grant. 6. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as highway rights of way not maintained by the Federal government. Private homeowners may also receive replacement trees through sponsoring government or non-profit entities that can be planted in either residential yards or "common areas." 13 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. 7. Total grant requests for each proposal are subject to the following maximum limits: ■ $75,000: Communities of any size which received sustained tropical storm force winds from one or more storms. Also, educational projects submitted by any Florida entities. ■ $100,000: Communities with populations of less than 10,000, which received at least sustained Category 1 hurricane force winds from one storm. • $125,000: Communities with populations of less than 10,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical storm. Also, communities with populations of between 10,000 and 35,000, which received sustained Category 1 hurricane force winds from one storm. • $150,000: Communities with populations of between 10,000 and 35,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or at least one hurricane and at least one tropical storm. Also, communities with populations greater than 35,000, which received at least sustained Category 1 hurricane force winds from one storm. • $175,000: Communities with populations greater than 35,000, which received at least sustained Category 1 hurricane force winds from at least two storms, or one hurricane and at least one tropical storm. Also, communities with populations of between 10,000 and 35,000 which experienced maximum sustained winds meeting Category 3 criteria. The minimum grant award for educational projects is $2,000; $10,000 for other projects from government entities; and $5,000 from non-profit or educational groups. 8. Applicants may submit and receive funding for more than one application if sufficient funds are available. 9. Applicants may allocate up to 15% of the total grant to hire either temporary staff or a qualified private vendor to oversee the implementation of this grant. 10. Applicants may allocate up to 10% to train either staff or volunteers to either carry out or oversee the implementation of this grant. ELIGIBLE PRACTICES The following practices are eligible to receive funding under this grant program. Practices 1-6 may only be carried out on county or municipally owned lands, including parks or natural areas, as well as highway rights - of -way maintained by non federal entities. 1. Tree Inventory - Implementation of a tree inventory of a specified area to determine the degree of canopy loss from storms, identify areas needing reforestation or new tree plantings, and provide background information to develop a comprehensive urban forest recovery and management plan. Eligible expenses include the purchase of hardware, software and field data recorders, fees paid to vendors or temporary staff to conduct the inventory, and any other costs associated with data collection or processing. 2. Tree Assessment - Examination of individual trees to determine whether or not they need arboricultural treatments or total removal, as well as the urgency of completing these treatments for each tree. Eligible areas and costs are the same as above. Grant applications for the above two practices need to include the following information: a. A map of the area where the inventory or assessment will take place, including street locations. 14 BID NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. b. A narrative that describes the need (related to the 2004 hurricanes) to conduct the inventory or assessment in the selected area, the percentage of trees within that area that will be included, the data that will be collected, how that data will be processed, and the desired results. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. 3. Reforestation - This may include tree planting projects to achieve one of the following objectives: a. Replacement of trees that were severely damaged or destroyed during the storms. b. Replacement of either over mature trees, or exotic or wind susceptible species with more appropriate species for the climate and the site. c. New appropriate tree plantings in areas where the trees will serve as windbreaks and buffer the impacts of future hurricanes. 4. Tree Planting Requirements: a. Each project must include at least three tree species native to the area and suitable for the site and objective. b. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or equivalent (Florida Division of Plant Industry, Grades and Standards), unless otherwise authorized by the Division of Forestry. c. No multi stem trees may be planted under this program, with the exception of the following species: River Birch, Green Buttonwood, Silver Buttonwood, Yaupon Holly, Crape Myrtle, and Chickasaw or Flatwoods Plum. d. Trees listed on the Florida Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive Species, on the internet at (www.fleppc.org ), may not be planted as any part of this grant program. e. Applicants should consult with various sources to avoid selecting tree species that have proven to be especially susceptible to wind damage, either from wind throw at the ground level or from stem breakage. Research is currently in progress to develop a standard species list for hurricane prone areas. f. Minimum tree size is 1 and 1/2 inch caliper, in a 15 gallon container. Maximum tree size is a 4 inch caliper. Palms may not be taller than 16 feet, clear trunk. g. Maximum allowable cost per tree or palm is $350.00 for purchase and planting. This applies to both the cost -shared and the matched portion of the project. h. The grant application may include up to $500.00 per planting site for site preparation costs directly related to the tree planting. This may include removal of damaged, exotic, or otherwise hazardous trees that have occupied the site. Site preparation costs which have already been reimbursed from another source are not eligible; however, these costs may be applied to the grant match if the reimbursement originated from a non federal source. 15 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. i. Purchase and planting of shrubs and ground covers in conjunction with the tree planting may only serve as a matching cost, and as such cannot be reimbursed. j. Up to ten percent (10%) of the grant award may be used for each of the following purposes: 1. The purchase and/or installation of irrigation equipment or an irrigation system. The remaining cost may be applied toward the match requirement. 2. Rental of equipment for site preparation or tree planting. 3. Labor costs. k. A maximum of $12.00 per tree may be spent on planting materials, and/or supplemental watering during the 60 day grow in period only. I. Proposals must include the following information: 1. A location map. 2. A minimum of three color photographs of the planting site. 3. A detailed planting plan (site plan) which shows the location of the trees/palms, existing structures, and site limitations such as underground utilities and overhead wires. 4. Written approval from the Florida Department of Transportation for planting and maintenance on the State right of way. 5. A three (3) year maintenance plan to be carried out by the grant recipient at their expense. Maintenance costs incurred after certification by the Division of Forestry are ineligible for reimbursement. A Grant Maintenance Memorandum of Agreement, separate from the MOA for the project, must be signed by the grant recipient if awarded a grant. 6. A resolution by the managing agency of the property (if different from the applicant) which states that they concur with the grant proposal and maintenance plan. m. A 60 day "grow in period" is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The proposal should state how the trees will be watered and cared for during the grow in period. n. Tree Plantings must follow established procedures for handling, placement, and maintenance. Refer to Exhibit C at the end of this grant packet, or http://hort.ifas.ufl.edu/woody for additional guidance. 5. Exotic Vegetation Control in Community Parks and Natural Areas This would apply to plant species listed on the Exotic Pest Plant Council's MOST RECENT list of Florida's Most Invasive Species (Category I and II), on the internet at (www.fleppc.org ). Infestations of these species that have resulted from the 2004 hurricanes, or have been exacerbated by the hurricanes, are eligible for treatment under this program. Funding is available to cost share up to two treatments of an infested area. Grant applications for this practice need to include the following information: a. A narrative that describes the species, location, origin and extent (acres, density, etc) of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard recommendations for treating the species, as listed in publications produced by the 16 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. University of Florida (IFAS), Florida Department of Environmental Protection, or USDA Forest Service, Before approval, the treatment will be subject to review. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. b. A map of the infested area, with sufficient detail to locate the treatment site. GPS coordinates, if available, should be included. c. At least three photographs of the infested area which indicates the extent of the infestation. 6. Arboricultural Practices for Mitigation and Remediation of Surviving Trees The purpose of this practice is to repair damage to trees caused by the 2004 hurricanes, eliminate immediate safety hazards from trees resulting from hurricane damage, correct improper pruning that was performed immediately after a storm, improve the tree's wind resistance and overall health. Eligible activities would include remedial pruning, righting and re staking, fertilization treatments, cabling and bracing, or other related treatments. Grant applications for this practice need to include the following information: a. A map of the area, showing the location of the trees to be treated. A street address, as well as GPS coordinates if available, should be included. b. A narrative that describes the extent of the problem, and the proposed treatment regimen, including timing. The latter should be consistent with standard practices as described in the American National Standards Institute (ANSI) ANSI A 300 Tree Care Standards manuals. Another source of technical information is the website http://hort.ifas.ufl.edu/woody. The narrative should also state whether a vendor will perform the treatments, or if in house labor and equipment will be used, and how the recipient will supervise the project while in progress. It is preferable that an ISA certified arborist or a graduate forester from an accredited four year forestry program be involved in planning and implementing the practice. 7. Providing Trees to Homeowners Government entities or non-profit groups may receive grants to provide trees to private homeowners who lost trees during at least one of the hurricanes of 2004. Trees can be planted in residential yards, neighborhood common areas (including those not publicly owned), or road rights of way (including those not publicly maintained). This could be accomplished by either a tree "giveaway" program, or a voucher program set up with local vendors. The project description submitted with the application needs to include the following details: a. A list of tree species that will be provided. At least three species, more if possible, need to be included. All species need to be suitable for the local climate and site conditions. None can be listed as invasive exotics, as described under the Reforestation section. Species suited for different sized planting areas (small, medium, large) also need to be represented. b. The size of the trees to be provided. Individual trees need to be either potted or "ball and burlap," and between three and fifteen gallons in size, unless the sponsoring agency can make equipment available to move and plant larger trees. c. The delivery and distribution system that the applicant will use. This includes the personnel and equipment involved, and who will furnish them. Trees need to be transported from the vendor to the eventual recipient in a timely manner, and properly cared for during the handling period. 17 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. d. The publicity strategy that will be used to make potential recipients aware of the program. This could include printed literature, PSA's, media contacts, advertisements, etc. e. Literature that will be provided to homeowners to explain site location, preparation, species selection, handling, planting techniques, and post planting care, in order to ensure good survival and growth. Funding through this grant program can be used to either purchase, develop or reproduce this literature. Applicants can achieve the grant match for this activity through in house labor, materials and equipment, volunteer hours, donated materials or cash from a sponsor, or from discounts on the purchase of trees that can be negotiated through the vendor. 8. Information and Education This category is provided to make individual residents, community officials, and private vendors more aware of urban forestry management practices that will reduce damage to trees from hurricanes and tropical storms. Also, materials can address what steps to take immediately before and after a storm, how to proceed with storm cleanup, and available sources of assistance. Emphasis needs to be placed on the value of the urban forest to their local communities, and that the benefits of trees outweigh the potential of tree damage resulting from storms. Local governments, nonprofit organizations, and educational institutions are eligible to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos, etc) for distribution to the general public, or to cost share seminars and workshops related to Urban and Community Forestry topics. The emphasis here is on providing information to the general public, volunteer groups, technicians, tree workers, etc. (i.e., Urban and Community Forestry technology transfer). A resolution or letter signed by the chief executive officer of the applicant is required which states that they concur with the proposal packet and will sign a Grant Memorandum of Agreement if awarded a Grant (this resolution or letter must be submitted as part of the proposal packet). Personnel costs are not eligible for grant funding in this category, but can be used as part of the match. Eligible Activities: a. Educational programs for the exhibition, purchase or development of materials for the benefit of public education as described above. b. Workshops/Training Sessions/Conferences/Seminars for the support and organization of public programs which achieve the goals of this grant. Costs may cover mailing, speaker's travel expenses, audio/visual equipment rental and related expenses. c. Youth programs for the development and production of programs which will involve/benefit young people, K through college level. d. Public service materials (PSA development) for the development of or purchase of public service programs, videos, or slide shows which educate the public. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). e. Brochures for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure consistent with the goals of this grant program. Applicants are encouraged to utilize existing brochures on the selected topics, if they exist, and apply for funding for the purchase and distribution of brochures. 18 BID NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2006 @ 2:00 P.M. f. Exhibits for the purchase of or design, development and construction of an educational/informational exhibit which promotes the goals of this grant program. All products (brochures, signs, videos, reports, etc.) funded by the U&CF grant must display the following statement: "Funding for this project provided by the USDA Forest Service through the Florida Division of Forestry's Urban and Community Forestry Grant Program." SELECTION CRITERIA The U&CF Grant Coordinator shall review and determine the completeness of each proposal. The following criteria must be met before the grant proposal may be determined to be complete: 1. The proposal must contain all the requested information and be legible and understandable. 2. A resolution or letter approving the proposal and authorizing the Chief Executive Officer of the applicant to execute agreements and documents associated with the grant request must be submitted as part of the proposal. 3. A budget detailing all costs of the project must be submitted with the proposal. 4. For site specific projects which have already been completed, documentation of costs incurred and photographs before (if possible) and after the completion of the project must be included. 5. This documentation also needs to be submitted as evidence that storm damage has occurred for site specific projects that have not yet been implemented, to the extent that it is available. Documentation should also indicate what costs have already been reimbursed, and from what source. 6. Signing and sealing of tree planting plans (site plans) submitted for consideration under this grant program shall be in accordance with Section 481.329(7), Florida Statutes (Landscape Architecture). 7. Late proposals, email transmissions, and fax transmissions will not be accepted or considered. Unsigned proposals will be ruled ineligible. PROPOSAL EVALUATION CRITERIA Once the submitted proposals have been reviewed and determined to be complete, they will be ranked according to the following criteria: 1. The severity of the storm(s) that impacted the counties in which these communities are located, and the number of hurricanes and/or tropical storms that impacted the county in which the community is located. They will be graded according to the categories in the Saffir Simpson Hurricane Scale, based on data supplied by the National Hurricane Center. Applications will receive the following number of points for each of the four storm impacts (counties that did not receive hurricane force winds will receive no more than 40 points): • Category 3 and above Hurricane: 100 points • Category 2 Hurricane: 75 points • Category 1 Hurricane: 50 points • Tropical Storm: 20 points This information will be posted on the Division of Forestry website: www.fl dof.com. 19 BID NUMBER: RFPIDF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. 2. Within each county, applications will be ranked according to the quality of the proposals submitted, according to the following criteria: a. Demonstrated Need - Highest score will be given to proposals that describe and document the extent of impact to the community's urban tree resources, and the need for cost share dollars. Proposal includes maps, photos, and cost documentation of impacted areas to be treated. 20 points b. Well Defined Goals and Objectives - Highest score will be given to proposals that clearly state goals and explain how the applicant will ensure that the practice will be maintained to provide long term benefits to the community. 15 points c. Technical Correctness - Highest score will be given to proposals where the documentation indicates that a competent professional (either an ISA certified arborist or graduate forester from an accredited four year Bachelor of Science in Forestry program) will oversee the implementation of the practice, and that the practice will be carried out in a technically correct manner according to the practice specifications. 20 points d. Cost Effectiveness - Highest score will be given to proposals that clearly demonstrate greatest results with the efficient use of grant dollars, clearly describe how funds will be expended, adhere to the cost parameters listed in this RFP, and contain documentation to support costs. Also, higher scores will be given to applications where a partnering entity has provided either funding, materials, or logistical support. 15 points e. Completeness of Proposal - Highest score will be given to proposals containing all of the required attachments and providing a detailed explanation of the proposal. 10 polnts f. Tree City USA Certification - Indicates a community's commitment to sustaining their urban forestry program. Current member as of 2003. 10 points g• Tree City USA Growth Award Recipient - Community demonstrates a sustained commitment to its urban forestry program. Current member as of 2003. 10 points In order to be considered acceptable, an application must achieve a quality score of at least 50 points out of a possible 100 points, according to the above criteria. A committee of public and private sector urban forestry professionals will evaluate these components of each proposal. 3. If all other factors are equal, the following criteria will be applied: ■ Applications from smaller communities will receive priority over those from larger communities. ■ Applications for practices which will be implemented in areas where the general public has access to the treatment site, such as public rights of way, streets, and parks will receive priority over those to be implemented in areas where access will be restricted. ■ Approvals will be distributed equitably over the counties in the state which received sustained hurricane force winds, in proportion to the number of applications received. Those receiving lesser wind impacts will receive a lower priority for funding. REJECTION OF PROPOSALS The Department reserves the right to recommend partial funding of proposals, the right to reject any or all proposals or waive minor irregularities when to do so would be in the best interest of the State of Florida, and 20 BID NUMBER: RFPIDF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. to reject the proposal of a Proposer whom the Department determines is not in a position to perform the Contract. Minor irregularities are those which will not have a significant or adverse effect on overall competition, cost or performance. POSTING AND RECOMMENDED AWARDS Tabulations with recommended award(s) will be posted on or about the date indicated on herein for review by interested parties on the Florida Bid System at http:llwww.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. Note: All approved applicants will be required to attend a regional workshop in their immediate vicinity before their completed MOA is accepted, to ensure that all involved parties are In agreement regarding program details. Proposals that do not receive an award during the current grant cycle will be notified in writing with an explanation of why they received a lower score. LATE PROPOSALS Proposals received by the Department after the proposal opening time and date will be rejected as untimely and will not be opened. A late proposal notice will be sent to the Proposer after the posting of Award Notice with instructions for its return. Unclaimed late proposals will be destroyed after 45 days. Offers from vendors listed on the Department's posted Award Notice are the only offers received timely in accordance with the Department's proposal opening time and date. COST OF PREPARATION The Department is not liable for any costs incurred by a Proposer in response to this Request for Proposals including an optional oral presentation. URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT (AND MAINTENANCE MEMORANDUM OF AGREEMENT, if applicable) Before funding is awarded to an approved applicant, a Grant Memorandum of Agreement has been fully executed between the Department and the Applicant. 1. The Grant Memorandum of Agreement shall detail the responsibilities of the applicant, a schedule and the terms of payment for the project (Attachment H). 2. The Three Year Maintenance Memorandum of Agreement (if applicable) shall detail the responsibilities for maintenance of any areas where site specific projects are funded under this grant (Attachment I). EXECUTION OF AGREEMENTS AND DOCUMENTS Upon notification of a Grant Award, the following shall take place: 21 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2006 @ 2:00 P.M. 1. It will be the responsibility of the applicant to insure that the Grant Memorandum of Agreement is fully executed within a period of sixty (60) days upon receipt. Failure to comply with this schedule may result in the grant offer being withdrawn. 2. Although it is the intent of the Department to expedite the grant award process as much as possible, applicants should be aware that they may not receive a fully executed grant Memorandum of Agreement before August 24, 2005, and should schedule their projects accordingly. 3. The Grant Memorandum of Agreement prepared between the Department and the Applicant shall stipulate: a. What is to be accomplished under the grant. b. The schedule and payment terms. c. The schedule and content of progress reports. d. Any penalties or actions that the Department will take in the event of noncompliance. e. The methods to be used by the Department to determine compliance with the terms of the grant agreement. f. Maintenance responsibilities for trees planted as part of the grant program. REVIEW OF PROJECTS IN PROGRESS AND UPON COMPLETION The Department shall ensure that the terms of the agreements executed under these guidelines are enforced. An interim report showing the status of the project is due December 31, 2005, and thereafter on a quarterly basis until the project is completed. The U&CF Grant Coordinator or his designee shall review the projects prior to final acceptance by the Department. All projects must be completed by September 30, 2007. All reimbursement claims must be submitted by November 15, 2007. FUNDING SOURCE Grant awards are 100% funded by the federal government through the U.S. Forest Service. These funds are nationally authorized by "Emergency Supplemental Appropriations for Hurricane Disaster Assistance" (HR4837, PL 108 324), under the auspices of the 1995 Farm Bill. The Florida Division of Forestry has allocated $13,500,000 of the funds received from the U.S. Forest Service to this grant program. Should additional funding become available, it will be added to this amount. State funds will be allocated on a priority basis to areas impacted most heavily by the 2004 hurricanes. FDACS reserves the right to allocate surplus funds so as to fully utilize federal funding. The State of Florida's performance and obligation to pay under this grant program is contingent upon funding by the U.S. Forest Service. A 75/25 match is required (75% grant/25% applicant). The local match must be in non federal dollars or contributions of materials and/or services. In kind services provided by Division of Forestry employees may not be used to contribute to the match by the grant recipient. 22 BID NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2006 @ 2:00 P.M. ALLOWABLE COSTS The following Office of Management and Budget Circulars should be used as a reference for allowable costs for federally funded programs: A 21 Educational Institutions A 87 State and Local Governments A 122 Non-profit Organizations These circulars are available on line at http://whitehouse.gov/omb/circulars/index.html or you can request a copy from the U&CF Grant Coordinator. Purchases by the grant recipient of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written records of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. No overhead costs will be paid by grant funds. Overhead costs, up to 5% of the total project cost (match plus award), can be used as part of the local match. The maximum allowable assessment for in kind match for general labor (non professional) is $15.00 per hour. METHOD OF REIMBURSEMENT Pursuant to Florida Statutes Section 216.181 paragraph 14(b), advance payment may be made upon written request. Upon receipt by the Division of Forestry of a reimbursement summary sheet with all required attachments, including invoices and/or receipts, and canceled checks, payrolls, log sheets, etc., FDACS will submit the claim for payment. The final payment shall not be made until the Certification of Acceptance is received from the U&CF Grant Coordinator. Upon receipt in the Tallahassee State Office of the reimbursement summary sheet and copies of invoices and checks paid, the Department will place the claim in line for payment. Payment shall be made in accordance with Section 215.422, Florida Statutes, which states the contractor's rights and the state agency's responsibility concerning interest penalties and time limits for payment of invoices (see Attachment A). The Federal Employer Identification Number (FEIN) will be the primary factor used to identify applicants. FDACS cannot process a request for reimbursement without the FEIN. SPECIAL PROVISIONS GRANT AGREEMENT AND CONDITIONS Terms and conditions within the Grant Agreements (Attachments H and I) and associated attachments shall apply. FDACS will have the right to access any books, documents, papers, and records of the grant recipients which are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and transcriptions. Quarterly progress reports and a final project report will be required of all selected grant recipients. Additional progress reports may be required if grants are extended past the initial deadline. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement. A final project report is required as a prerequisite to final payment. 23 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Categories 1 5 for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact any business with any public entity. EMPLOYMENT OF UNAUTHORIZED ALIENS Pursuant to Executive Order 96 236, effective October 1,1996, the following standard provision shall apply to any contract awarded as a result of this Request for Proposal: The Department shall consider the employment by any Contractor of unauthorized aliens a violation of section 274(a) of the immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be caused for unilateral cancellation of this contract. AUDITS The Contractor shall maintain books, records and documents directly pertinent to the performance under this contract in accordance with generally accepted accounting principles consistently applied. FDACS, the State or their authorized representatives shall have access to such records for audit purposes during the term of the contract and for three years following the contract termination date or date of final payment, which ever is later. If an audit, litigation or other action involving the records is started before the end of the three year period, the records must be retained until all issues arising out of the action are resolved, or until the end of the three year period, whichever is later. In accordance with Federal laws and regulations, the Contractor agrees to comply with audit requirements, as applicable, of the Office of Management and Budget (OMB) Circular A 133. Any contract resulting from a proposal developed for any division where federal funds are distributed, shall be in compliance with this circular. The latest version of the referenced circular is available for review by Proposers at the Department's Purchasing Office. USE OF FUNDS FOR LOBBYING PROHIBITED The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. The contractor also agrees to comply with Federal guidelines governing Lobbying as outlined in Attachment C. DEBARMENT, SUSPENSION, INELIGIBILITY. AND VOLUNTARY EXCLUSION Any person submitting a bid or proposal in response to this request for proposal must execute the enclosed form CERTIFICATION REGARDING LOBBYING; DEBARMENT; SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG FREE WORKPLACE REQUIREMENTS, and enclose it with 24 BID NUMBER: RFP/DF-04/06-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. his/her bid or proposal (see Attachment C). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. CERTIFICATION OF NO CONFLICT OF INTEREST Any person submitting a bid or proposal in response to this Request for Proposal must execute the enclosed Conflict of Interest Statement (see Attachment B) and enclose it with his/her bid or proposal. Award will not be made by the Department until the certification is signed by the Proposer and submitted to the Department. NON DISCRIMINATION STATEMENT In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250 9410 or call (202)720 5964 (voice and TDD). USDA is an equal opportunity provider and employer. INTERPRETATIONS/DISPUTES Any questions concerning conditions and specifications shall be directed in writing to the Purchasing Office for receipt no later than 10 days prior to the bid opening. No interpretation shall be considered binding unless provided in writing by the Department's Purchasing Director in response to requests in full compliance with this provision. Any person who is adversely affected by the agency's decision or intended decision shall file with the agency a Notice of Protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights or further negotiation, or modifying or amending any contract, the Notice of Protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall state with particularity the facts and law upon which the protest is filed. QUESTIONS Questions concerning the technical aspects of the proposal or the Applicants' Workshops should be directed to the nearest FDACS, Division of Forestry office (see Attachment J, List of Division of Forestry District/Center Contacts), or to: Urban I=orestry Program Coordinator Division of Forestry Florida Department of Agriculture and Consumer Services 3126 Conner Boulevard, Suite R 3 Tallahassee, FL 32399 1660 Telephone (850) 921 0300 25 BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. Questions regarding procedures for submittal of proposals should be submitted to: Christie Hutchinson, Purchasing Director Division of Administration Department of Agriculture and Consumer Services Mayo Building, Room SB 8 Tallahassee, FL 32399 0800 (850) 487-3727 No negotiations, decisions, or actions shall be initiated or executed by the applicant as a result of any discussions with any FDACS employee. Only those communications which are in writing from the Department's Purchasing Office may be considered as a duly authorized expression on behalf of the Department. Only communications from the applicant which are signed and in writing will be recognized by the FDACS as duly authorized expressions on behalf of the applicant. SCHEDULE OF EVENTS May 4, 2005 June 30, 2005 July, 2005 August 1, 2005 Notification of Availability of Request for Proposal mailed to all potential applicants. Sealed proposals in response to RFP must be received by FDACS Purchasing office. Evaluation of proposals. Posting of Award on the Florida Bid System at http://myflorida.com. Click on Business, Doing Business with the State of Florida, Everything for Vendors and Customers, Vendor Bid System, Search Advertisements. Tabulation will remain posted for a period of seventy two (72) hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Failure to file the proper bond at the time of filing the formal protest will result in denial of the protest. August 10, 2005 Expected grant agreement (contract) execution and authorization to begin. August 2005 Workshops for Approved Grant Applicants Locations, dates and times to be posted on www.fl dof.com December 31, 2005 First quarterly Interim report due. July 1, 2007 Deadline for submitting request for no cost time extension. September 30, 2007 Contract ending date. November 15, 2007 Deadline for final reimbursement claims. 26