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HomeMy WebLinkAboutFlorida Department of Agriculture and Consumer Services Urban Community Forrestry Grant Agreement 013149 2007 09 26 ~~ i~s~ URBAN AND COMMUNITY FORESTRY (U&CF) `" `" ~' GRANT MEMORANDUM OF AGREEMENT This Agreement, made and entered into this the :~~ ~ day of S ~ ~~`~' , 20 u~' by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and City of Winter Springs, hereinafter called the Contractor. WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Contractor for the specific project set forth in grant application Number 07-69, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Contractor are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Contractor by Resolution No. 2007-10, dated February 26, 2007 has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; agree as follows: A. Failure by the Contractor to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The contract is valid upon execution through September 30, 2008 C. The Contractor has estimated the project cost to be $10,000.00 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Contractor the total sum of $5,000.00 or fifty percent (50%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Contractor agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Contractor shall be subject to periodic inspections by the Department. The Contractor shall not change or deviate from the project without written approval by the Department. F. The Contractor agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, 2007, March 31, 2008, June 30, 2008 and September 30, 2008, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a completed reimbursement summary sheet to the Department with sufficient attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid to the Contractor prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. For installed plant materials, a sixty (60) day grow-in-period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Contractor must submit the final claim for reimbursement to the Department on or before November 15, 2008. The Contractor acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the U.S. Forest Service. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice was received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488-2020 or Purchasing Office at (850) 488-7552. Invoices returned to a Contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Department. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Expenses associated with travel and per diem are not eligible. Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. This Agreement may be terminated under any one of the following conditions: A. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. B. By the Department, if the Contractor fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. C. By either party following sixty (60) calendar days written notice. D. By both parties following the complete execution by both parties of an agreement to terminate this Agreement. In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only, not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Contractor. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through K are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, orfor-profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate agencies. State financial assistance does not include Federal director pass-through awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non-state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). J. The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A-133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from the non-federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`h Street Jeffersonville, IN 47132 (c) Other federal agencies and pass-through entities in accordance with Sections .320(c) and (f), OMB Circular A-133, as revised. E. Pursuant to Section .320(f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A- 133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 487-1471 and fax number (850) 656-0168. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available ~roducts, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28` Street, North, St. Petersburg, Florida 33716, telephone number (727) 572-1987. The Contractor is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Contractor is informed that the employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. The Contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Entity 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. In accordance with Florida Statute 768.28, the Contractor Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Contractor during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Contractor nor any of its sub-contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, Suite R-8 Tallahassee, Florida 32399-1650 All notices, demands, requests or other instruments to the Contractor shall be addressed to: Mr. Steven Richart City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature itle J~o Date CONTRACTOR G'~ ` " %y~ S' ature _ , Title 9y ~ ~ - v~ Date DACS-01085 Rev. 08/06 FEID Number of Social Security Number EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - U.S. Department of Agriculture/U.S. Forest Service, CFDA #10.664 -Cooperative Forestry Assistance $ 5,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show the total State resources awarded for matching. Federal Program (list Federal agency. Catalog of Federal Domestic Assistance title and number) - $ (amountl SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97. Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) DACS-01085 Rev. 08/06 DFS-A2-CL July 2005 Rule 691-5.006, FAC COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC" for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, fo the extent that different requirements pertain to different amounts of the non-Federal resources, there maybe more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DACS-01085 Rev. 08/06 DFS-A2-CL July 2005 Rule 691-5.006, FAC BID NUMBER: RFP/DF-06/07-72 OPENING DATE: March 30, 2007 @ 2:00 P.M. ATTACHMENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; ANO DRUG-FREE WORKPLACE REQUIREMENTS Applicsrnts should refer to the regulations sled beiow to delertrnne the certification to whidl they ate required to attest. Applicants should also review the insUudions (or oortificalion inducted in the regulations before cornpleling this form. Signature d this form provides for compliance with certification requiremerrts under 34 CFR Part 82, 'New ResUidions on Lobbying; aril 34 CFR Part 85, 'Government-wide Debamtanl and Suspension (Nonprocurement) and Government-wide RequiremerHs for Dnrg-Free Workplace (Grants).' The certfications shell be Ueated as a material representation d fad upon which reliance will be placed when the DeparUrtenl d Education determines to award the covered transaction, grant, or inoperative agreement. 1. LOBBYING As required by Section 1352, Title 31 d the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or inoperative agreement over 3100,000, as defined at 34 CFR Part 62, Sections 82.105 and 82.110, the applicant certifies that: (a} fJo Federal appropriated funds have been paid or will be paid, by or on behalt d the undersigned, to any person for influendng or attempting to influence an officer Or employee d any agency, a Member d Congress, an officer or employee d Congress, or an ertployee d a Member d Congress in mnnedion with the making d any Federal grant, the entering into d any oooperaGve agreement, and the extenslai, continu- ation, renewal, amendment, or modification d any Federal grant or cooperative agreement; (b} lt arty funds dher than Federal appropriated funds have been paid or will be paid to arty person for influendng Or aftempling to influence an officer or ertrployee d any agency, a Member d Congress, an officer or employee d Congress, or an employee d a Member d Congress in connection with Ibis Federal grarrior cooperative agreement, the undersigned shall mrtlplete and submit Standard Forte - LLL, 'Disdosure Form to Report Lobbying ' in accoridance with its insUudions: (c) The undersigned shall require Thal the language d this certification be inducted in the award documents far all subawards at all tlers (inducting subgranls, contrects under gran4s and cooperative agreements, and subcontracts) and that all subredpients shall certify and disdose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS AS required by Executive Order 12549. Debarment and Suspension, and implemented et 34 CFR Part 85, fot prospec- tlve partidpanls in primary covered lransadions, as defined at 34 CFR Part 65, Sections 85.105 and -85.110- A. The applicant certifies that it and its prindpals: (a) Are rat presently debared, suspended, proposed for debarment, dedared ineligible, or vdunlarily exduded Uom covered Uansadions by arty Federal department or agency; (h) Have not wilhln a three-year period preceding This applies lion been mnvided d or had a civil judgement rendered against them for commission d Uaud or a aiminal offense in innnedan with obtaining, aUertplirg to obtain, or perfuming public (Federal, Slate, or local) Vansadion or contract under a public lransadion: violalan of Federal or Stale arrlitrusl statutes or oornmission d embealemerrt, theft, forgery, bribery, falsification or destruction d records, malting false statements, or receiving sttien property: (c) Are not presently indicted far or dhenvlse rrimnally or civilly diarged by a governmental entity (Federal, State, or local) with oorrrrission d arty d the offenses enumerated in paragraph (2)(b) d this certification; and (d) Have not within aThree-year period preceding This appliplion had one or more public Vansadion (Federal, State, or local) terminated for cause or default; and B. Where the appligrd is enable to wrtify to any d the state- ments in lhls certification, he ar she shall aUach an explanation to This application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDNIDUALS) As required by the Drug-Free Worl¢~lace Add 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 end 85.610 - A. The applicant certifies that i will or will oonOnue to provide a drug-free wartq~lace by: (a) Publishing a statement edifying enpbyees that the unlawful manufacture, distribution, dispensing, possession, or used a oonUdled substance Is prohibited In the grantee's wod~laoe and specifying the actions that will betaken against employees Ax vitiation d suds prohibition; (b) Eslablishirtg an on-going ding-hse awareness program to Inhxm employees about: (1) The dangers ddrug abuse in the workplace; (2) The grantee's policy d maintaining a dnig-Uee wod~lace: (3) Arty available drug counseling, rehabilltation, artd errpbyee assistance progrartrs; and (4) The penalties that may be imposed upon employees hx drug abuse vitiations oacurring in the wad lace; (c) Making lt e requirement Thal each employee to 6e engaged in the performance d the grant be given a copy d the statement required by paragraph (a); (d) Nolifyirg the ertployee m the statement required by para- graph (a) that, as a condition d erployment under the grant, the employee will: (1) Abide by the feints d the statement; and (2} Ndify the employer in writing d his a her mnvidion for a oblation d a criminal dn-g slaWle occurring In the worlq~lace no later than five caleMar days after such conviction; 30 BID NUMBER: RFP/DF-06/07-72 (e) Nc4ifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise reoehring actual rtUice d sudr oonvkion. Errploryrers d mnvided employees must provide notice, inducting position ti0e, lo: Director, Grants Pdicy atd Oversight Staff, U-S. Depart- ment dEducation, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building fJo. 3), Washington, DC 20202- 4248. Notice shall indude the identification number(s) d eadt affected grant; (f) Taking one d the folbwkrg actions, wAtrin 30 calerxlar days d receiving ratite under subparagraph (d)(2), wflh reaped to any enpbyee who is so convicted: (1) Talang appropriate personnel adorn against suds an giro- playee, up to and inducting lenrinalion, consistent with the requirements d the Rehabilitation Add 1973, as amended; a (2} Requiring suds employee to partidpate salisfadortly in a dng abuse assistance or rehabilitation program approved for suds purposes by a Federal, Stator, or local health, law enkxcemenl, or other appropriate agency; (g} Malting a good fai8r effort to oonOnue W mairllain a drug-free wort~lace through implementation d paragraphs (a), (b), (c), (d), (e), anti (Q. B. The grantee may insect in the space provided bebvr the site(s) for the pertormance d work done in mrtnedion with the spedfic grant OPENING DATE: March 30, 2007 @ 2:00 P.M. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDNIDUALS) As required by the Drt>gFree Workplace Ad of 1988, and irrplemenled el 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85. Sections 85.605 and 85.610- A. As a condition d the grant, I certify That 1 will not engage in the unlawful rrrenufadure, distribution, dispensing, possessirn, or use d a mrrirdled substance in mrduding arty activity with the grant: and B. tl axtvided d a criminal drug offense resulOrrg from a vitiation occurring during the conduct d any grant activity, I will report the oomidicn, in wnUng, within 10 calendar days d the conviction, to: Director, Grants Pdicy and Oversight Stag, Departrnenl d Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall indude the identification number(s) d each affected grant. Place d Performance (Street address. aly, county, stale, zip ~de> ~ ~ a ~ ~ . s ~ ti3~ ~; Nom-- sPc ;r-o~s , F~ 32708 Check [ ] d there are vrorlgrlaces on file Thal are rat identified here. As the duty authorized representative d the appicanl, I hereby certify That the applicant wilt comply with the above certifiptions. NAME OF APPLICANT D PR/AWARD NUMBER AND / OR PROJECT NAME PRINTED NAME ANO TRLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE O,tir.e~ ~% ~~....P 3 - ~ G ~ ~ ~ ED 80-0013 12188 31 BID NUMBER: RFP/DM-06/07-72 OPENING DATE: March 30,'ZODTt~fiOQ~~ M ATTACHMENT D FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2007 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (40) one sided pages, including attachments. All attachments must be 8 1 /2" X 1 1 ", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8 1 /2" X 11 ". Six (6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:30 p.m., March 30, 2007 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2007 PROPOSAL Mayo Building -Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT K, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Urban Forestry Worker -Year 3 Proposer Name: Steven T. Richart Name and Title of Contact Person: Steven T Richart Urban Beautification Services Manager Address: 1126E SR 434, Winter Springs, FL Zip: 32708 Phone: (407) 327-5976 FEID Number 59-0126364 US Congressional District Number: Region 3 -District 12 Is your organization aNon-profit corporation pursuant to Chapter 617, Florida Statutes Yes No ~ If the applicant is a city or county government, does your urban forestry program have the following: Professional Staff, in-house or contracted. List qualifications such as ISA certification, forestry degree, etc City Forester,jMember ISA ISA Certified Arborist Contractor State Certified PC Citizen Tree Advisory Board or Tree Advocacy Group. Describe: Beautification of Winter Sari Urban Tree Inventory or Management Plan, how current: Tree management plan updated yearl~bv the City Arborist and Department Manager. Tree Ordinance covering either public or private lands, describe: City of Winter Springs Arbor Ordinance X003-22) Available online at: ~ttp•//www winterspringsfl orq/EN/main/documents/forms publications/treesandbeautification.htm Continued 24 BID NUMBER: RFP/DM-06/07-72 OPENING DATE: March 30, 2007 ~ 2:00 PM As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer: Ronald W. McLemore Title: City Manager Signature: /(.[%•D.~ !/. ~~° Date: ~ "' 1 G - Q 25 BID NUMBER: RFP/DM-06/07-72 OPENING DATE: March 30, 2007 ~ 2:00 PM ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (two page limit, # 12 font, single-space) Urban and Community Forestry Grant Proposal Describe the local community and current urban forestry program, and role of applicant in that program if anon-profit group: The current urban forestry program in Winter Springs is administered by the City Arborist, Urban Beautification Manager and is monitored by the City's Tree Board, the Beautification of Winter Springs Advisory Board. Winter Springs is comprised of roughly 35,000 residents and represents the largest City (land mass) in Seminole County. Previous U&CF Grants received by the applicant. When were they Implemented and what did they accomplish? Several U8.CF Grants, including years 1 & 2 of this grant, were implemented starting in FY 2004. The grants have allowed Winter Springs to expand and maintain our tree canopy better than ever before due to the additional resources. Describe the goals and objectives of this project: This project will allow us to continue maintenance of our aggressive tree canopy restoration efforts over the past 2 years. Winter Springs has exceeded (quantity) in the replacement of tree canopy lost in the hurricanes of 2004 because of the resources provided by the US,CF Grant Programs. Describe how this project will help to develop and improve this program in the long-term: Funding for the Urban Forestry Worker Position is vital to the improvement of our urban forestry program. Without this funding, our efforts would come to a stand still. Describe why these funds are needed to complete this project: The funds are needed to complete the project because funding is in short supply from traditional sources. For a tree planting: Describe what species are being planted and why. How will they be installed and maintained (be brief and concise, but complete): Staff funding. What environmental or educational value will the community derive from this project? The environmental value is seen in the successful establishment of the City's new tree canopy. What steps have been taken to carry out this project In a cost .effectiveness manner? This particular project is for funding of a Staff position. The pay range is set by a process called 'Cody Study', which sets a pay range based upon current and fair job market indicators. How will this project increase citizen involvement and support for the community's urban forestry program in the long term? What evidence of community support for this project can be produced? How will this project be publicized in the local community? This project has been and will continue to be publicized at the Annual Arbor Day Event, through the City Newsletter, the City website and several local publications. Tree Cifv USA certification and growth award last near current Current and attached. Will a Certified Arborist(s) or a graduate forester from an accredited four -year Bachelor of Science In Forestry program oversee this project? If not, who will provide oversight and what are their credentials? Mike Mingea, City Arborist, ISA Member and Steven Richart, C.P.C.O., Horticulture Professional and Landscape Designer. What new partnerships will the project create or encourage? The project will create partnerships between the City and Local Neighborhood Groups and Civic Associations. 26 BID NUMBER: RFP/DM-06/07-72 OPENING DATE: March 30, 2007~~~~ 6 ATTACHMENT E BUDGET Specify Category 1, 2, 3, 4, OR 5 and designate the applicable subcategory. Category: 1-Local Government Program Development or Imarovement Sub-Category: Staffin SUMMARY OF COSTS (A 50/50 match on behalf of the Proposer is required) REQUESTED GRANT $ LOCAL MATCH $ Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) Total Matching Costs (II) Total Program Costs (III) $~-666- 5 cbp $ ~~ Scb b ~ ~~- 5doo ~ ~-- Iv.oov 100% Add columns I and II for total III (100%) ~2' ~ % Grant request ~8- Sv % Local match (50% min required) A BUDGET. DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type -Complete where applicable) This project Is for Population Zone u , 2 , 3, or statewide (circle one). Please see ATTACHMENT K to determine the applicable zone. County: Seminole Describe the Specific Location of the Project: Property located within the City of Winter Springs consisting of roadways, parks, facilities, medians and ponds. Who has Maintenance Responsibility for the Property (Category 2 Grants)? The City of Winter Springs has all maintenance responsibility for each grant category. Is the Land Ownership Public or Private?: The land ownership is public. Name of Landowner: City of Winter Springs Project Title: Urban Forestry Worker I -Year 3 Proposer Name: Steven T. Richart, Urban Beautification Services Division Manager. 27 BID NUMBER: RFP/DM-06/07-72 OPENING DATE: March 30, 2007 ~ 2:00 PM ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects (category 2A and 28) must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost Contractual (Description) ersonnel (list titles or positions) Urban Forestry 2080 HRS @ 1 $ - Worker I - YR 3 Employee ~ 5oQp * See Attached E-1 Payroll 28 BID NUMBER: RFP/DM-06/07-72 OPENING DATE: March 30, 2007 ~ 2:00 PM Cost Items Quantity Rate or Price Grant Cost Match Cost Operating Costs (list) Trees (list species and size) Overhead** Total 2080 HRS -~-3~;9A9 ~, ~~ * Grant dollars may not be used to purchase food as supplies. ** Overhead costs up to 5% of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. 32 ATTACHMENT G Page REIMBURSEMENT SUMMARY SHEET URBAN AND COMMUNITY FORESTRY GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount Match Amount (Attach copies of canceled checks, receipts and invoices) Totals Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. AUTHORIZED SIGNATURE: Grantee Date RESOLUTION NUMBER 2007-10 A RESOLUTION BY THE CITY OF WINTER SPRINGS, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, the City of Winter Springs wants to improve its Urban Forest by adding new staff; and WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the cost of new staffing; and WHEREAS, the City of Winter Springs wants to install new trees in the Urban Rights- of-Way; and WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forest Grant which would provide monies in which to help fund the cost of purchasing and planting trees; and WHEREAS, the City of Winter Springs wants to purchase vehicles and equipment to aid in the care of it's Urban Forest; and WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forest Grant which would provide monies in which to help fund the cost of purchasing forestry vehicles and equipment; and WHEREAS, the City of Winter Springs wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Winter Springs, Florida and the Florida Department of Agriculture and Consumer Services. NOW, THEREFORE, BE IT RESOLVED by the City Commission of The City of Winter Springs, Seminole County, Florida as follows: Section 1. The City Commission supports, the improvement of its Urban Forest by adding new staff. Section 2. The City Commission supports, the installation of new trees in the City's Urban Rights-of--Way. Section 3. The City Commission supports, the purchase of forestry vehicles and equipment. Section 4. The City Commission hereby authorizes, the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Winter Springs, Florida and the Florida Department of Agriculture and Consumer Services. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 26th day of February, 2007. CITY OF WINTER SPRINGS; FLORIDA ATTEST: J F. BUSH, MAYOR ZO-LUACES, City Clerk Approved as t al form and sufficiency for The City int r Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs, Florida Resolution 2007-10 Page 2 of 2