HomeMy WebLinkAboutFlorida Department of Agriculture and Consumer Services Urban Community Forrestry Grant Agreement 013149 2007 09 26
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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