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Agreement with the Florida Department of Agriculture and Consumer Services 2c s ( - 2 +- gO .9 . : rte, a~ -p ,�. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER'SE 1 ; `; r DIVISION OF ADMINISTRATION 'ZS'J ldn ,ss!y. URBAN AND COMMUNITY FORESTRY(U&CF) ADAM H.PUTNAM COMMISSIO NER GRANT MEMORANDUM OF AGREEMENT 810 This Agreement,made and entered into this the 2 day of Nattlibei ,20 04 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,State of Florida,hereinafter called the DEPARTMENT and the City of Miami Beach,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 14-13,included herein as Exhibit A,as incorporated by reference and attached hereto: WHEREAS,the Catalog of Federal Domestic Assistance(CFDA) number is 10.664; WHEREAS,the Department of Management Services'designated United Nations Standard. Products and Services Code(UNSPSC)is 70151500. 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 number 2014-28480,dated February 12,2014,has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; NOW,THEREFORE,the parties,for and in consideration of the mutual covenants and agreements contained herein agree as follows: A. Failure by the CONTRACTOR to sign and return this agreement,within 60 days upon receipt of the agreement,shall constitute forfeiture of the award. B. The contract is valid upon execution through September 30,2015. C. The CONTRACTOR has estimated the project cost to be$30,000 as shown on the grant application budget sheet attached as Exhibit B,Budget,as incorporated by reference and attached hereto. The DEPARTMENT agrees to reimburse to the CONTRACTOR the total. sum of$15,000 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 Page 1 of 14 FDACS-01085 Rev.06/13 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,Attachment G,as incorporated by reference and attached hereto,on project accomplishments quarterly(December 31,2014,March 31,2015,June 30,2015,September 30,2015,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, Attachment H,as incorporated by reference and attached hereto,to the DEPARTMENT with sufficient documentation 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) Final Reimbursement Summary Sheet with attached backup documentation. (2) Brief narrative summarizing project accomplishment. (3) News release to be submitted to a local publication crediting the U.S.Forest Service for providing funding. (4) Letter of appreciation to the local congressional representative. (5) Certification of Acceptance endorsed by a Florida Forest Service official. 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 October 31,2015. 1. 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 USDA Forest Service. The CONTRACTOR must provide the following quantifiable,measurable,and verifiable units of Deliverables(Deliverable)which must be received and accepted in writing by the Contract Manager before payment. These deliverables are directly related to the Scope of Work specifying minimum levels of service to be performed and criteria for evaluating the successful completion of each deliverable. See Exhibit B(Budget). Page 2 of 14 FDACS-01085 Rev.06/13 Intellectual property is subject to the following additional provisions: A. Anything by whatsoever designation it may be known,that is produced by,or developed in connection with this contract,shall become the exclusive property of the DEPARTMENT and may be copyrighted,patented or otherwise restricted as provided by Florida or federal law. Neither the CONTRACTOR nor any individual employed under this contract shall have any proprietary interest in the product. B. With respect to each Deliverable that constitutes a work of authorship within the subject matter and scope of U.S.Copyright Law, 17 U.S.C.Sections 102-105,such work shall be a "work for hire"as defined in 17 U.S.C.Section 101 and all copyrights subsisting in such work for hire shall be owned exclusively by the DEPARTMENT. C. In the event it is determined as a matter of law that any such work is not a"work for hire,"CONTRACTOR shall immediately assign to the DEPARTMENT all copyrights subsisting therein for the consideration set forth in the contract and with no additional compensation. D. The foregoing shall not apply to any pre-existing software,or other work of authorship used by CONTRACTOR to create a Deliverable but which exists as work independent of the Deliverable,unless the pre-existing software or work was developed by Contractor pursuant to a previous Contract with the Department or a purchase by the Department under a State Term Contract. 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 is 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) 617-7200 or Purchasing Office at(850)617-7181. • Payments to health care providers for hospitals,medical or other health care services,shall be made not more than 35 days from the date eligibility for payment is determined,and the daily interest rate is.03333 percent. Transaction Fee: CONTRACTORS shall be pre-qualified as meeting mandatory requirements and qualifications and shall remit fees pursuant to section 287.057(22),F.S.and any rules implementing section 287.057,F.S. 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$35,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, Page 3 of 14 FDACS-01085 Rev.06/13 whenever practical. Competitive sealed bidding is required for all purchases exceeding$35,000. 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)413-5516 or by calling the Department of Financial Services'Hotline, 1-877-693-5236. The DEPARMENT may make partial payments to the CONTRACTOR upon partial delivery of services when a request for such partial payment is made by the CONTRACTOR and approved by the DEPARTMENT. The CONTRACTOR agrees to give appropriate credit to the Florida Forest Service and the USDA Forest Service for their financial support in any and all press releases,publications,annual reports, video credits,dedications,and other public communications regarding this grant agreement or any of the deliverables with this grant agreement. Minimum verbiage requirement is as follows"This publication made possible through a grant from the USDA Forest Service in cooperation with the Florida Forest Service." The DEPARTMENT may terminate this contract at any time in the event of the default or failure of the CONTRACTOR to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for herein,the DEPARTMENT shall provide thirty(30)calendar days written notice of default and shall provide the CONTRACTOR the opportunity to cure such failure or default within said thirty (30)day period. Upon the failure or inability to cure,the DEPARTMENT shall have all rights and remedies provided at law or in equity,including without limitation the following: A. Temporarily withhold cash payments pending correction of the deficiency by the CONTRACTOR. B. Disallow all or part of the cost of the services not in compliance. C. Wholly or partly suspend or terminate this contract. The DEPARTMENT 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 1 of the State Constitution and s.119.07(1),Florida Statutes. The CONTRACTOR must: A. Keep and maintain public records that ordinarily and necessarily would be required by the DEPARTMENT in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the DEPARTMENT provides the records and at a cost that does not exceed the cost provided by the law. C. Ensure that public records that are exempt or confidential and exempt from Page 4 of 14 FDACS-01085 Rev.06/13 public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer,at no cost,to the DEPARTMENT all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the DEPARTMENT in a format that is compatible with the information technology systems of the DEPARTMENT. 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 and subject to the availability of funds. Renewal costs may not be charged by the CONTRACTOR. Exceptional purchase contracts(single source and emergency contracts) pursuant to Section 287.057(3),Florida Statutes,may not be renewed. 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 I 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. Page 5of14 FDACS-01085 Rev.06/13 A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97,Florida Statutes(F.S.),which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity,nonprofit organization,or for-profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such Recipient,the Recipient must have a state single or project-specific audit conducted for such fiscal year in accordance with Section 215.97,F.S.,applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. Exhibit 1 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year,the Recipient shall consider all sources of state financial assistance,including state financial assistance received from this DEPARTMENT resource,other state agencies,and other Nonstate agencies. State financial assistance does not include Federal direct or pass-through awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97,F.S.,shall be: (1)performed annually,and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. D. Regardless of the amount of the state financial assistance,the provisions of Section 215.97,F.S.,do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer,or the Auditor General. E. If the Recipient expends less than$500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit,such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97,F.S.,the cost of the audit must be paid from the Nonstate entity's resources(i.e.,the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). 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 Page 6 of 14 FDACS-01085 Rev.06/13 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 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 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,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. I. 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). Page 7 of 14 FDACS-01085 Rev.06/13 J. The Recipient agrees that this agreement maybe 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. L. In accordance with Section 215.971,F.S.,for an agency agreement that provides state financial assistance to a Recipient or Subrecipient,as those terms are defined in s. 215.97,or that provides federal financial assistance to a Subrecipient,as defined by applicable United States Office of Management and Budget circulars,the agreement shall include: a. A provision specifying a scope of work that clearly establishes the tasks that the Recipient or Subrecipient is required to perform; and b. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. The following provisions of A through I 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 1 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 0MB 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). Page 8of14 FDACS-01085 Rev.06/13 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 10th Street Jeffersonville,IN 47132 (c) Other federal agencies and pass-through entities in accordance with Sections .320(c)and(f),OMB Circular A-133,as revised. E. Pursuant to Section.320(1),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 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 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,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. I. In accordance with Section 215.971,F.S.,for an agency agreement that provides state Page 9 of 14 FDACS-01085 Rev.06/13 financial assistance to a recipient or Subrecipient,as those terms are defined in s.215.97, or that provides federal financial assistance to a Subrecipient,as defined by applicable United States Office of Management and Budget circulars,the agreement shall include: a. •A provision specifying a scope of work that clearly establishes the tasks that the Recipient or Subrecipient is required to perform;and b. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. A CONTRACTOR who is a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the contract period. Any balance of unobligated funds which has been advanced or paid must be refunded to the DEPARTMENT. Any funds paid in excess of the amount to which the CONTRACTOR is entitled under the terms and conditions of this contract must be refunded to the DEPARMENT. It is expressly understood and agreed that any articles that are the subject of,or required to carry out,in accordance with Section 287.042,Florida Statutes,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) 877-4816 and fax number(850)942-7832. It is expressly understood and agreed that any articles which are the subject of,or required to carry out,in accordance with Section 287.095(3),Florida Statutes,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 products,pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street,North,3rd Floor,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 shall not discriminate on the basis of race,sex,religion,color,national origin, age or disability and shall comply with all applicable state and federal laws and regulations related thereto,including without limitation,the Americans with Disabilities Act(42 USC 12101 et.Seq.); Page 10 of 14 FDACS-01085 Rev.06/13 Section 504 of the Rehabilitation Act of 1973 (29 USC 795);and the Age Discrimination Act of 1975 (42 • USC 6101-6107). 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 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 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 shall be controlling. All contracts entered into by the DEPARTMENT 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: Ms.Bonnie Stine Forest Management Bureau 3125 Conner Boulevard,C-25 Tallahassee,Florida 32399-1650 All notices,demands,requests or other instruments to the CONTRACTOR shall be addressed to: Ms.Judy Hoanshelt City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Page 11 of 14 FDACS-01085 Rev.06/13 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER SERVICES Signature S;:natur: Director of Administration its'A CA 1Q' Title Title r� 3 /I Date Date APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION ; i — fU-zq - t4- City Attorney it Dote Page 12of14 • FDACS-01085 Rev.06/13 EXHIBIT - 1 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 $15,000.00 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: t e • ou ces• •r•e• • ereci•i-n or a chin• ••rese t• or-t as o eFed•r•I •r,'r•m •rov'd• 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 i= $(amount) SUBJECT TO SECTION 215.97,FLORIDA STATUTES: 0_E- theresou cesawar•edto he eci+'entr-• • •r ,i• •t,Cl „-__! • r 9.• ' .t' _,j,' ', • ,I is shown below for each State project and show total state nancial assistance awarded that is subject to Section Z1 5.97.Florida Statutes. . State Project(list State awarding agency,Catalog of State Financial Assistance title and number)-$(amount) DFS-A2-CL July 2005 Page 13 of 14 Rule 691-5.006,FAC FDACS-01085 Rev.06/13 • 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 resource& For - matching resources provided by the Department of"ABC"for Federal programs,the requirements might be similar to the requirements for the applicable Federal programs. Also,to the extent that different requirements pertain to different amounts of the non-Federal resources,there may be more than one grouping(Le.,1,2,3,etc.)listed under this category. NOTE:Section.400(d)of OMB CircularA-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. • DFS-A2-CL July 2005 Rule 691-5.006,FAC Page 14of14 FDACS-01085 Rev.06/13 EXHIBIT A BID NUMBER:RFP/FFS-13/14-23 OPENING DATE:MARCH 21,2014 @2:00 P.M. ATTACHMENT D FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2014 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2"X 11",except any attached sketches,plans and maps which must be no larger than 2'X 3' and folded into 8 1/2"X 11". Six (6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m.,March 21,2014,at: Florida Department of Agriculture and Consumer Services Purchasing Office- UBCF-2014 PROPOSAL 407 S.Calhoun Street Mayo Building-Room SB-8 Tallahassee,FL 32399-0800 Telephone(850)617-7181 • If you have any questions,please see ATTACHMENT 0,DISTRICT/CENTER CONTACTS PROPOSER INFORMATION(Please Print or Type) Project Title:Miami Beach Tree Inventory Project Proposer Name:City of Miami Beach Name and Title of Contact Person:Judy Hoanshelt,Grants Manager • Address:1700 Convention Center Drive.Miami Beach Zip:FL 33139 Phone:(305)673-7510 FEID Number 59-6000372 US Congressional District Number.23 Is your organization a Non-profit corporation pursuant to Chapter 617,Florida Statutes?Yes No X 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. The City has full time staff with ISA certification. The City Urban Forester Mark Williams,will be ensuring compliance with the conditions of the grant. He is an ISA Certified Arborist Municipal Specialist # FL- 5221 AM,LIAF Certified Landscape Inspector#2007-0083&Member of the American Society of Consulting Arborists. Citizen Tree Advisory Board or Tree Advocacy Group.Miami Beach Greenspace Tree Advisory Group Urban Tree Inventory or Management Plan,how current?:Reforestation Plan Adopted February.2007. Tree Ordinance covering either public or private lands, describe: ORD No 2000-3279 Miami Beach City, Code Section 46-56 through Section 46-63 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. ,immv L.Morales Title: City Man.•er Date (z--o Signature: . • BID NUMBER:RFP/FFS-13/14-23 OPENING DATE: MARCH 21,2014 @ 2:00 P.M. ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION (two page limit,#12 font,single-space) Florida Urban and Community Forestry Grant Proposal Describe the local community and current urban forestry program, and role of applicant in that program if a non-profit group: Miami Beach is a barrier island on the southeast coast of Florida. The city is a 7.1 square mile island with Biscayne Bay and City of Miami to the west and the Atlantic Ocean to the east. The City was founded on March 26, 1915, is home to 88,000 residents, and a daily population of approximately 200,000 including tourists and visitors. The median age is 39 years old. The City desires to formulate an accurate and strategic citywide Street Tree Master Plan for use as part of an overall Urban Forest Management.Plan and the.Tree.Inventory is the first step in this process. The city has a mixture of Florida Native hardwoods, exotics and palm trees. Previous U&CF Grants received by the applicant. When were they implemented and what did they accomplish? In 2010, the City received grant funds in the amount of $18,000 for tree pruning and in 2009 the City received funds for the acquisition of a water truck. Both projects were implemented very successfully and both achieved their goals of enhancing the City's urban and community forestry program. Describe the goals and objectives of this project: The goal of this project is to - - - have an inventory of every palm and tree located on city property and right-of- way. A Tree Inventory will allow the city to formulate an accurate and strategic citywide Street Tree Master Plan for use as part of an overall Urban Forest Management Plan. Once the City has both the Street Tree Master Plan and an Urban Forest Management Plan the value will be seen directly in a healthier Urban Forest utilizing timely need-based tree pruning maintenance, increased sustainability through proper tree replacement planning and a decrease in liability through proactive canopy management strategy implementation. Describe how this project will help to develop and improve this program in the long-term: In 2007, the City Commission authorized a Reforestation Program. Tree planting was authorized as part of a Capital Improvement Project, including funds for tree maintenance and salaries, and equipment for a tree maintenance crew. This project helps to develop and improve the program and meet the community's desire for quality trees. The Tree Inventory will allow staff to maximize the tree canopies as much as possible. The Tree Inventory will also allow the City to create a Street Tree Master Plan and a citywide Urban Forestry Management Plan, leading to better environmental management of the urban forest canopy; the ability to plan ahead for tree removal and replacement and providing accurate information enabling staff to track and create tree specific maintenance schedules. Describe why these funds are needed to complete this project: The funds are needed to continue the completion.of a comprehensive Tree Inventory. A partial Tree Inventory has been completed in the Normandy Shores and '. . BID NUMBER:RFP/FFS-13/14-23 OPENING DATE:MARCH 21,2014 @ 2:00 P.M. Normandy Isle communities, which represents only one small portion of Miami Beach. In order to complete the inventory on a timely and comprehensive basis, the City is requesting funding for a Tree Inventory to be completed citywide, thus allowing staff to work. on the Street Tree Master Plan and the Urban Forestry Management Plan. For a tree planting: N/A— No tree planting will be undertaken with this grant. What environmental or educational value will the community derive from this project? The Tree Inventory will allow the City to create a citywide Urban Forestry Management Plan, leading to better environmental management of the urban forest canopy; the ability to plan ahead for tree removal and replacement and will allow staff to create a tree specific maintenance schedule. The benefits of added trees, and improved'maintenance resulting from this project will include: cleaner air, reduced energy usage, less stormwater runoff, amelioration of high urban temperatures, higher property values, improved aesthetics, and a greater sense of well-being, reduced anxiety levels, and lower crime rates. What steps have been taken to carry out this project in a cost effectiveness manner? The City Administration has requested written quotes from qualified companies. City staff, including the Urban Forester has reviewed planting sites, performed initial site visits and will perform initial preparation activities. A contractor will perform the Inventory under City supervision. -- 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? The community and the Greenspace Tree Advocacy Group (GTAG) are already very involved with this project and will continue to be involved. A partial Tree Inventory has been completed in the Normandy Shores and Normandy Isles community, which represents a small portion of Miami Beach. How will this project be publicized in the local community? A press release will be sent out to State and Congressional representatives and the media. The program will be featured on City Television, Channel 77, and on our website. Tree City or Tree Campus USA certification and growth award, last year current? The City just celebrated its 8-year anniversary for the Tree City USA designation. Will a Certified Arborist(s) or a graduate forester from an accredited four— - year Bachelor of Science in Forestry program oversee this project?Yes. What new partnerships will the project create or encourage? Tree advocacy groups, (MB Greenspace Tree Advocacy) Homeowners Associations, learining opportunities for students interested in urban forestry, individuals who have provided in-kind services, local universities, elected officials in Florida who support the funding of the grant and to the US Forest Service. RESOLUTION NO 2014-28480 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1) THE FLORIDA DEPARTMENT OF . AGRICULTURE AND CONSUMER SERVICES, URBAN AND COMMUNITY FORESTRY PROGRAM, IN THE APPROXIMATE AMOUNT OF $10,000 FOR THE TREE INVENTORY; 2) STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND AND WATER CONSERVATION FUND (LWCF) FOR FUNDING IN THE APPROXIMATE AMOUNT OF $200,000 FOR PARK IMPROVEMENTS; 3) FLORIDA JUNIOR GOLF COUNCIL, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $5,000 FOR THE NORMANDY SHORES • . YOUTH GOLF PROGRAM 4) STATE OF FLORIDA, DEPARTMENT OF HEALTH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF$40,000 FOR EQUIPMENT RELATED TO PRE-HOSPITAL EMERGENCY SERVICES; 5) FLORIDA OFFICE OF THE ATTORNEY GENERAL, VICTIMS OF CRIME ACT (VOCA) FUNDING, IN THE APPROXIMATE AMOUNT OF $100,000 FOR THE CITY'S VICTIMS' ADVOCATE PROGRAM; AND, 6) APPROVAL TO SUBMIT A REQUEST TO THE STATE LEGISLATURE FOR WATER PROJECTS FUNDING IN THE APPROXIMATE AMOUNT OF $500,000; APPROPRIATING THE ABOVE GRANTS, FUNDING REQUESTS, MATCHING FUNDS, AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS - --- -= - -- - RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS AND FUNDING REQUESTS WHEREAS, funding is available, through the Florida Department of Agriculture for organizations to develop or enhance their urban and community forestry programs and awards can be used for tree planting on public land, tree protection projects, tree inventories and tree management plans;and WHEREAS, trees are important to the Miami Beach community, and the Administration intends to apply for funding for the City's tree inventory;and WHEREAS, the City wishes to enter Into a Florida Urban and Community Forestry Grant Memorandum of Agreement between the City and the Florida Department of Agriculture and Consumer Services in support of the Tree Inventory Program, which is part of the City's Reforestation Plan and the.City Administration intends to apply for in the approximate amount of$10,000;and WHEREAS, matching funds are required and are available in the Parks Department Operating Budget and this grant supports the key intended outcome to , • maintain Miami Beach public areas and rights of way citywide;and • WHEREAS, approval is requested to submit a grant application to the Florida Department of Agriculture and Consumer Services, Urban and Community Forestry grant program, in the approximate amount of$10,000 for Tree inventory funding;and • WHEREAS, the Administration intends to apply for funding for eligible water projects in the approximate amount of$500,000;and WHEREAS, matching funds are not required but are encouraged and this project supports the key intended outcome to maintain city's infrastructure;and WHEREAS, approval is requested to submit a Request for Water Project Funding to the State Legislature in the approximate amount of$500,000. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager, or his designee, to submit grant applications to: 1)The Florida Department of Agriculture and Consumer Services, Urban and Community Forestry Program, in the approximate amount of$10,000 for the City's tree inventory; 2) State of Florida, Department of Environmental Protection, Land and Water Conservation Fund (LWCF) for funding in the approximate amount of $200,000 for park improvements; 3) Florida Junior Golf Council, for funding in the approximate amount of $5,000 for the Normandy Shores Youth Golf Program; 4) State of Florida, Department of Health, for funding in the approximate amount of$40,000 for equipment related to pre-hospital emergency services; 5) Florida Office of The Attorney General, Victims of Crime Act (VOCA) funding, in the approximate amount of $100,000 for the City's victims' advocate program; and, 6) approval to submit a request to the State Legislature for Water Project funding in the approximate amount of $500,000; appropriating the above grants, funding requests, matching funds, and city expenses, if approved and accepted by the city and authorizing the execution of all necessary documents related to the aforestated applications, including, without limitation, audits, - —- -----and authorizing the City Manager or his designee to take all necessary actions related to these grants and funding requests. .� PASSED and ADOPTED this id211A day of 16n 014 • ATTEST: • CITY CLERK l l l l l l l l l l l l l l l l l .<_01 JLM/JW/JMH ? '." *��'' 0 44i APPROVED AS TO ; fir y FORM&LANGUAGE • . '�•'""" = &FOR EXECUTION 1 INCORP e RATED' / / .T • / 3 114 N 26 • • 4 \ • BID NUMBER:RFP/FFS-13/14-23 OPENING DATE:MARCH 21,2014 CO 2:00 P.M. EXHIBIT B . ATTACHMENT E BUDGET Activity: Tree Inventory Specific Description:Tree Inventory SUMMARY OF COSTS (A 50/50 match on behalf of the Proposer is required) REQUESTED GRANT$ LOCAL MATCH$ I II Contractual costs $15,000 $15,000 Personnel costs Travel costs - Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant(I) $15,000 Total Matching Costs(II) $15,000 Total Program Costs(III) $30.000 Add columns I and II for total III(100%) 50 %Grant request 50 %Local match A BUDGET,DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION(Please print or type-Complete where applicable) County:Miami-Dade Describe the Specific Location of the Project:Miami Beach Who has responsibility for overseeing Project implementation(name and title)Mark Williams,Urban Forester Who has maintenance responsibility for the Project after completion:City of Miami Beach Public Works Greenspace Management Division, Is the Land Ownership Public or Private?:Public Name of Landowner.City of Miami Beach Project Title:Tree Inventory Program Applicant Name:City of Miami Beach Email Address:iudvhoansheitC miamibeachfl qov 32 • NUMBER: RFP/FFS-13/14-23 OPENING DATE:MARCH 21,2014 0 2:00 P.M. BID / ATTACHMENT E (CONTINUED) BUDGET • Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size,or caliper and height) of trees to be planted. IMPORTANT:THIS FORM MUST BE USED.PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE COST ITEMS QUANTITY RATE OR PRICE GRANT COST MATCH COST Contractual Tree Inventory 1 $30,000 $15,000 $15,000 Personnel (List titles or positions) Travel 33 . BID NUMBER:RFP/FFS-13/14-23 _ OPENING DATE:MARCH 21,2014 @ 2:00 P.M. COST ITEMS QUANTITY RATE OR PRICE GRANT COST MATCH COST Operating Costs (List) Supplies (List items) Total 1 $30,000 $15,000 $15,000 35 - . i r� 1G4:,,,,,,,,':'.,, ATTACHMENT G m` "" Florida Forest Service ,MEQ a.- Urban Forestry Grant Project Interim Status Report ADAM H.PUTNAM Return to; COMMISSIONER Kelly Boutwell 3125 Conner Blvd,Suite R Tallahassee,FL 32399-1650 Fax:850-921-8305 Project Status as of: (Date) DOF Contract Number Grant Recipient Name Project Name Name/Phone No.of Project Manager Type of Entity(check one) Local Government ❑ Non-Profit Organization ❑ Educational Institution ❑ YES NO Has the project work begun? ❑ ❑ Is the project on schedule to be completed by the end of the ❑ ❑ contract term? Have any claims been submitted for reimbursement? ❑ ❑ Has payment been received for claims submitted? ❑ ❑ Do you require assistance form a DOF forester on this project?* ❑ ❑ if yes,please indicate the type of assistance you need: Technical Assistance on Project Site ❑ Technical Assistance on Urban Program ❑ Technical Assistance on Claim Process ❑ Certification of Completion/Acceptance El Prepared By: (Print Name) (Signature) FDACS-01085 Rev.06/13 I ATTACHMENT H 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$35,000. 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$35,000. AUTHORIZED SIGNATURE: Grantee Date FDACS-01085 Rev.06/13