Loading...
RESOLUTION 93-20819 RESOLUTION NO. 93-20819 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO APPLY FOR AND ENTER INTO A GRANT MEMORANDUM OF AGREEMENT FOR A $20,000, 50/50 MATCHING GRANT FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE PURPOSE OF FUNDING A CITY-WIDE STREET TREE INVENTORY AND MASTER PLANTING PLAN AND APPROPRIATING $20,000 TO FUND THE MATCHING PORTION OF THE GRANT PROPOSAL. WHEREAS, an Urban and Community Forestry 50/50 matching grant is available from the Florida Department of Agriculture and Consumer Services for Urban and Community Forestry related programs;and WHEREAS, completing a comprehensive street tree inventory and master planting plan is a critical step in the process of planning well conceived street tree plantings; and WHEREAS, the City of Miami Beach wishes to continue the inventory and master planning process begun on Normandy Isle this year with the assistance of an Urban and Community Forestry Grant; and WHEREAS, a request for matching funds has been made in the Recreation, Culture and Parks Department's capital improvement budget request for the 93/94 fiscal year; and WHEREAS, the City of Miami Beach wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. That the Mayor be authorized to make appropriate application to the State of Florida, Department of Agriculture and Consumer Services for a grant in the amount of$20,000 for the purpose of hiring a consultant to produce a City-wide street tree master planting plan and inventory and in the event that the City is awarded a grant, to enter into a Grant Memorandum of Agreement in substantially the same form as the attached example. 2. That $20,000 be appropriated for the purpose of matching the grant on a 50/50 basis. PASSED and ADOPTED this 30th day of June A , 1993 /1111 op re R ATTEST: f•-1 GiVtA-C c-.1•Tt- CITY CLERK FORM AP OVER LEGX1DPT. By Date6 / �� re?, , CITY OF MIAMI BEACH (j:;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 333 - 9 3 TO: Mayor Seymour Gelber and DATE:JUNE 30, 1993 Members of the City Commission FROM: Roger M. a If City Manag- -ow SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO APPLY FOR AND ENTER INTO A GRANT MEMORANDUM OF AGREEMENT FOR A $20,000, 50/50 MATCHING GRANT FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE PURPOSE OF FUNDING A CITY WIDE STREET TREE INVENTORY AND MASTER TREE PLANTING PLAN AND APPROPRIATING$20,000 TO FUND THE MATCHING PORTION OF THE GRANT PROPOSAL. ADMINISTRATIVE RECOMMENDATIONS: The City Administration recommends that the Mayor and the City Commission pass the attached resolution authorizing the submission of an Urban and Community Forestry grant application and the execution of a Grant Memorandum of Agreement with the State of Florida Department of Agriculture and Consumer Services and appropriating $20,000 to fund the matching portion of the grant proposal. BACKGROUND AND ANALYSIS: The Federal Government has allocated funds to the Florida Department of Agriculture and Consumer Services for the purpose of supporting urban and community forestry related projects in the State. The City applied for and received a grant under this program in 1992 and was awarded $10,000 to develop a Street Tree Master Plan and Inventory for Normandy Island. The Recreation Culture and Parks Department is seeking a consultant to assist with producing this plan and inventory and expects to have the project completed by August 15, of this year. The completion of a street tree inventory is widely recognized by Urban Forestry professionals as the first step in a comprehensive tree planting and management program. The inventory information will be stored with the use of computer software that will also enable the Recreation, Culture and Parks Department to track each tree and planting location through any maintenance or planting operations that may occur. The additional step of developing a Master Planting Plan will enable the City to provide for the orderly expansion of its urban forest. A total of $20,000 in grant funds are available on a 50/50 matching basis. We anticipate that$40,000 will be required to fund the completion of the inventory for the balance of the city. The Recreation, Culture and Parks Department is requesting that the City's matching portion be funded as part of our capital improvement budget request for fiscal 93/94. The grant application requires that the City express its intent, by resolution, to sign a Grant Memorandum of Agreement should the City be awarded a grant. Language authorizing this has been included in the attached resolution along with a copy of the agreement to be signed in the future. CONCLUSION: The administration recommends that the Mayor and City Commissial. adopt the attached resolution. AGENDA R -1 - ITEM DATE � _ � O Attachment I Page 1 of 6 URBAN AND COMMUNITY FORESTRY (U&CFI GRANT MEMORANDUM OF AGREEMENT , This agreement, made and entered into this the day of g 19 by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, a component agency of the State of Florida, hereinafter called the "Department" and hereinafter called the Grantee. WITNESSETH WHEREAS, Department De artment desires to increase the application of the principles of urban and community forestry by granting funds to the Grantee for the purpose as outlined in grant application Number , included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Department and the Grantee are of the opinion that the P citizens of the state would benefit from the implementation of urban and communityforestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Department has awarded the Grantee an urban forestry grant for the specific project set forth in the U&CF Grant Application Number hereinafter the "project"; WHEREAS, the Grantee by Resolution No. , dated has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; WHEREAS, parties the hereto mutually recognize the benefits of such a project as described in the U&CF Grant application and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. Failure by the Grantee to sign and return this agreement by shall constitute forfeiture of the award. ective date of this agreement is , 19—. 2. The eff • 03 AGENDA ITEM 44 _ — DATE Page 2 of 6 3. The Grantee shall complete the project by September 30, 1994 as set forth in the Urban and Community Forestry Grant Application Number approved by the Department on 1993, during which time the grant criteria for the project is set forth therein. shall continue in effect. The cri The final date by which such criteria must be met for completion of this - agreement is , 19---' The project to be performed by the Grantee shall be subject to periodic inspections by the Department. The Grantee shall not change or deviate from the project without written approval by the Department. Grantee has estimated the project cost to be •'S as shown 4. The Gr on the grant application budget sheet attached as Ex'1libit B. The Department or agrees to reimburse to the Grantee the total sum of S • approved project costs, whichever is less (the fifty percent (50%) of the final "Grant Amount") . <. • th a items which are directly related to The Grant Amount is limited to only • Exhibits and "B". Project costs incurred prior this project as described in Exhibi .\ reement�.. are ineligible for reimbursement. to the effective date of this aq f invoices on a quarterly basis. No more than 75 percent of the Grant Amount will be paid to the Payment shall be made following submittal o � prior to Grantee artment. The final payment shall not be Certification of Acceptance by the Dep Acceptance is received from the Department. For made until Certification of Accepta 0 dayrow-in-period will be required after installed plant materials, a sixty (6 ) g • of Acceptance by the Department may be project completion. Certification P P � completion.requested sixty (60) days after project Upon receipt of the Grantee ma submit an invoice for final payment. Certification of Acceptance, the Y (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in withspecified in Section 112.061, Florida accordance the rates Statutes. 04 45 , Page 3 of 6 (b) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include all records of the costs of the Grantee and subcontractors considered necessary by the .. Department for a proper audit of the project. 5. The Grantee agrees to maintain plant materials established as a part period the project for a of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. The Grantee agrees to submit to the De rtment an interim report on 6. 9 � . lishments b ,1v____ and a final report project accomp Yc7 summarizing project•ect accomplishments as a 3pereqtIisite to final acceptance by the • Department. ' This lc ated under one of the following 7. Agreement may beany conditions: P (a) By the Department, unilaterally, for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to Chapter 119, F.S. and made or received by the Grantee in conjunction with this Agreement. (b) By the Department, if the Grantee 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. - 8. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 6(b) , in the event this Agreement is terminated before the Department has paid the Grantee the entire Grant Amount, then the Department C5 46 Page 4 of 6 agrees to pay the Grantee the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Grantee a percentage of the Grant amount equal to the percentage of the project's completion. 9. As applicable under Florida Statute 768.28, the Grantee covenants and agrees that it will indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or the performance of the Agreement, whether direct omission by the Grantee during property to which the Departments or said or indirect, and whether any person or parties may be subject, except that neither the Grantee nor any of its sub- this raph for damages arising out of injury contractors will be liable under pars g property directly caused or resulting from the sole or damage to persons or prop y e Department or any of its offi rs, • agents or employees. negligence of the � 9 This with an aintenance Agreement, if executed, 10. Agreement, together embodies the entire agreement and u r8tanding between the parties hereto and there are no other agreements or unde �andings, oral or written, with reference to the subject matter hereof that are t ,superseded hereby. This be assigned or transferred by the Grantee, in 11. Agreement may not g in the expressed written consent of the Department. whole or part without P 12. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. 13. All notices, demands, requests eats or other instruments shall be given by depositing the same in the U.S. Mail, postage oats a prepaid, registered or certified with return receipt requested, or by telex(FAX) or telegram: (a) If to the Departmentaddressed to 3125 Conner Boulevard, , • Tallahassee, Florida 32399-1650 or at such other address the Department may from time to time designate by written notice to the Grantee; (b) If to the Grantee addressed to: 06 47 Page 5 of 6 or at such other address as the Grantee from time to time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of quests and other instruments, or from the date all mailed notices, demands, req telexed or faxed. 14. Time is of the essence of this agreement. 15. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Grantee nd an funds received through this contract for is therefore not allowed to expe y Florida the purpose of lobbying the Legislature, the Department, or any other state agency. This contract, which disbursedgrants and aids -appropriations, is subject to the requirements of Section 216.349, Florida'St atutes, which are: (a) t The Department and the ComP � r er before disbursing any funds must ed expenditure is in accordance with all independently ensure that the prop P legal and regulatory requirements and that this contract specifically prohibits the Legislature or any state agency. the use of funds for the purpose of lobb ing 9 ocal government agency, nonprofit organization, or b) If the Grantee is a 1 i for amounts $25,000 or less, have its not-for-profit organ1zation it shall: ( ) with grant provisions, (ii) for amounts greater head attest that it has complies than $25,000 but not more than $100,000 have a grant-specific audit performed in accordance with the rules of the Auditor General or have a statement prepared by c accountant which attests that the grant an independent certified public provisions have been complied with,'th (iii) for amounts greater than $100,000, have a grant-specific audit performed in accordance with the rules of the Auditor dits statements, or attestations filed with the General, and (iv) have such au , Department and the Auditor General. acknowledges and agrees that public use of all reports or 16. The Grantee ack 9 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. 48 • Page 6 of 6 17. providing Grantees goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) approve the goods and services, unless the bid working days to inspect and a specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of • The 20 days are measured from the latter of the date the Banking and Finance. Y invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per daywill be due and payable, in ,addition to the invoice ovision applies after a 35 day The interest penalty pr amount, to the grantee. oviders,•as defined by rule. Interest penalties of time period to health care pr 1 dollar will n t be enforced unless the grantee requests less than one ( ) • to be returned to a grantee because of grantee payment. Invoices which have � , preparation errors will result in •delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the department. A Vendor Ombudsman has been established within the Department of Banking and Finance • . The duties of this individual include acting as an advocate for grantees who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. IN WITNESS WHEREOF, parties the hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BY: Director, Division of as to Date, Form Approval and Legality Administration Name of Grantee BY: Title: Attest: (SEAL) Approval as to Date, Form and Legality 49 ' STATE OF FLORIDA DEPT. OF AGRIcutwitEppm CUE sgRvircps :,,, REQUEST FOR PROPOSAL' .. PURCHASING MAYO BUILDING, ROOM SB-8 TALLAHASSEE', FLORIDA 32399-0800, CONTRACTUAL SERVICES TelephoneNumber. (904) 488-7552 Acknowledgement Pag6 1 'D 1061 pR P ; t:5 Ll.. BE OPEN 2:30 p.m. JULY 8, 1993 PROPOSA L NO. agEss ._ ' ......111 .::::::•?:::).}}.�4:�:{?:iii}:Y:ti :i RPwP/D P: —.:.: 90 93/940:::.:::.:1 .; : :.. an may t lth ar 1� l -t ani m . „.t„,::, __ a�..+. r ....�_ - }M....... ,.. . . x:.::.,:} i:tii:ti�}:Ji}}�:.itiiii'v::::i:•i>ti4ii}}i}:::i•ii}i}}?•i?}ii;:.:ti:•i?:{4:Ui:ti i:::ii:^:•i }n }.. :.:: :.....:::::R^.....:•::..........::.::::..........:..:..... :..W...... .:.... ..:..:::.�::::.....: : ICN� Y. IALLiN � DATE PROPOSAL'I iLE. ._ i•• :•i{v? ::: •siJ :?{::{•i?{4�{:•}:::::::•':.•o4•:} i•�,� :•:. i• :ti; . i :T-}.. : ................. APRIL 30, 1993 FLORIDA URBAN AND COMMUNITY F STRY GRANT PROGR I FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER P59- 600372 VENDOR NAME REASON FOR NO PROPOSAL CITY OF MIAMI BEACH VENDOR MAILING ADDRESS 2100 Meridian Ave. CITY- STATE-ZIP POSTING OF PROPOSAL TABULATIONS 3 313 9 Proposal tabulations with recommended awards will be posted for review by interested Miami Beach Fla. parties at the location where proposals were opened and will remain posted for a period AREA CODE TELEPHONE NUMBER -7of 72 hours.F. re to file a protest within the time prescribed in Section 120.53(5),Florida • — 770 Statutes,s :I constitute a waiver of proceedirs under Chapter 120,Florida Statutes. 305 TOLL-FREE NUMBER Posting wi •:on or about AUGUST 10, 1993 I certify that this proposal is made without prior understanding,agreement,or connection with any corporation,firm,or person submitting a proposal for the same contractual services,and is in all respects / fair and without collusion or fraud.I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the proposer and that the proposer is in compliance with all , , COOrk requirements of the Request for Proposal,including but not limited to,certification requirements.In A THORIZED SIGNATURE(MANUAL) submitting a proposal to an agency for the State of Florida,the proposer offers and agrees that if the proposal is accepted,the proposer will convey,sell,assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities' Se mo s r Gelber Mayo r or services purchased or acquired by the State of Florida.At the State's discretion,such assignment F THORIZED SIGNATURE (TYPED)TITLE shall be made and become effective at the time the purchasing agency tenders final payment to the proposer. GENERAL CONDITIONS SEALED PROPOSALS:All proposal sheets and this original acknowledgement (d) INVOICING AND PAYMENT: The contractor shall be paid upon form must be executed and submitted in a sealed envelope.(DO NOT INCLUDE MORE submission of properly certified invoices to the purchaser at the prices stipulated THAN ONE PROPOSAL PER ENVELOPE.)The face of the envelope shall contain,in on the contract at the time the order is placed,after delivery and acceptance of addition to the above address,the date and time of the proposal opening and the proposal goods,less deductions if any,as provided.Invoices shall contain the contract number.Proposal prices not submitted on attached proposal price sheets when required number,purchase order number and the contractors'Federal Employer Identifi- shall be rejected.All proposals are subject to the conditions specified herein.Those which cation Number.An original and three(3)copies of the invoice shall be submitted. do not comply with these conditions are subject to rejection. The final payment shall not be made until after the contract is complete unless the State has agreed otherwise.Invoices for fees or other compensation for 1. EXECUTION OF PROPOSAL:Proposal must contain a manual signature services or expenses submitted for contractual services shall be submitted in of authorized representative in the space provided above.Proposal must be typed or detail sufficient for a proper preaudit and postaudit thereof and invoices for any printed in ink.Use of erasable ink is not permitted.All corrections to prices made by travel expenses shall be submitted in accordance with the rates at or below those proposer must be initialed.The company name and F.E.I.D.or social security number specified in Sections 112.061 and 287.058,F.S.Interest Penalties:Payment must appear on each pricing page of the proposal as required.If a vendor intends to do shall be made in accordance with Section 215.422, F.S.,which states the repetitive business with the State and a vendor number has not been assigned to your contractors'rights and the State agency's responsibilities concerning interest company,contact Department of Management Services,Division of Purchasing,2737 penalties and time limits for payment,of invoices.VENDOR OMBUDSMAN: Centerview Drive, Knight Building, Suite 220, Tallahassee, FL 32399-0950, Vendors providing goods and services to an agency should be aware of the 904-488-8440 immediately. following time frames.Upon receipt,an agency has five(5)working days to inspect and approve the goods and services,unless the bid specifications, 2. NO PROPOSAL SUBMITTED: If not submitting a proposal,respond by purchase order or contract specifies otherwise.An agency has 20 days to deliver returning only this proposer acknowledgement form,marking it"NO PROPOSAL", a request for payment(voucher)to the Department of Banking and Finance. and explain the reason in the space provided above. Failure to respond to a The 20 days are measured from the latter of the date the invoice is received procurement solicitation without giving justifiable reasons for such failure, non- or the goods or services are received,inspected and approved.If a payment conformance to contract conditions,or other pertinent factors deemed reasonable is not available within 40 days,a seperate interest penalty of.03333 percent and valid shall be cause for removal of the proposer's name from the proposal mailing per day will be due and payable,in addition to the invoice amount,to the vendor. list.NOTE:To qualify as a respondent,proposer must submit a"NO PROPOSAL", The interest penalty provision applies after a 35 day time period to health care and it must be received no later than the stated proposal opening date and hour. providers,as defined by rule.Interest penalties of less than one(1)dollar will not be enforced unless the vendor requests payment.invoices which have to 3. PROPOSAL OPENING:Shall be public,on the date,location and the time be returned to a vendor because of vendor preparation errors will result in a specified on the acknowlgement form.It is the proposers responsibility to assure that delay in the payment.The invoice payment requirements do not start until a his proposal is delivered at the proper time and place of the proposal opening. properly completed invoice is provided to the agency.A Vendor Ombudsman Proposals which for any reason are not so delivered,will not be considered.Offers has been established within the Department of Banking and Finance.The duties by telegram or telephone are not acceptable.A proposal may not be altered after of this individual include acting as an advocate for vendors who may be opening of the price proposals.NOTE:Proposal tabulations will be furnished upon experiencing problems in obtaining timely payment(s)from a state agency.The written request with an enclosed,self addressed,stamped envelope and payment Vendor Ombudsman may be contacted at(904)488-2924 or by calling the State of a predetermined fee.Proposal tabulations will not be provided by telephone. Comptroller's Hotline,1-800-848-3792.The Division of Purchasing shall review the conditions and circumstances surrounding non-payment and unless there 4. PRICES, TERMS AND PAYMENT:Firm prices shall be proposed and is a bonafide dispute,the Division may in writing authorize the contract supplier include all services rendered to the purchaser. to reject and return purchase orders from said agency until such time as the (a) TAXES:The State of Florida does not pay Federal Excise and Sales taxes agency complies with the provisions of Section 215.422,F.S. on direct purchases of services.See tax exemption number on face of purchase (e) ANNUAL APPROPRIATIONS:The State of Florida's performance order or agreement form.This exemption does not apply to purchases of and obligation to pay under this contract is contingent upon an annual services in the performance of contracts for the improvement of state-owned appropriation by the Legislature. real property as defined in Chapter 192,Florida Statutes. (b) DISCOUNTS:Cash discount for prompt payment shall not be considered 5. CONFLICT OF INTEREST:The award hereunder is subject to the provisions in determining the lowest net cost for proposal evaluation purposes. of Chapter 112,Florida Statutes.Proposers must disclose with their proposal the name of any officer,director,or agent who is also an employee of the State of Florida, (C) MISTAKES:Proposers are expected to examine the conditions,scope of or any of its agencies.Further,all proposers must disclose the name of any State work,proposal prices,extensions,and all instructions pertaining to the services employee who owns,directly or indirectly,an interest of five(5%)or more in the involved.Failure to do so will be at the proposer's risk. proposer's firm or any of its branches.In accordance with Chapter 287,Florida ATTACHJ\IENT nalrE, CCS FUDRO -, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES RCM r"ATTOM ©IIF WERDOR ONUTDOKART A E 7ELEEPRCDRE MUMMER Vendors providing goods and services to an agency should be aware of the following timeUponreceipt,frames. recei t, an agency has five (5) working days to inspectapprove the goods and service, unless the bid specifications, and purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment ment (voucher) to the Department of Banking and Finance • . The 20 days are measured from the latter of the date the invoice is received or t goods oods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per daywill be due and payable, in addition to the invoice vendor. The interest penalty provision applies after a 35 day amount, to the time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment. Invoices which have to be returned to a vendor because of vendor preparation errors will result in a delay in the payment. The invoice payment not start until a properly completed invoice is provided to the requirements do P � Y agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for may experiencing problems who be ex eriencin in obtaining timely payments(s) The Vendor Ombudsman may be contacted at (904)488- 2924 from estate agency. callingthe State Comptroller's Hotline, 1-800-848-3892. or by P 27 ATTACHMENT B aV&VE EF FLoncna,_ DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DRUG-F MGR!, ° ACS [ROA C.A 'r EFEMITEM IDENTICAL TIE BIDS - Preference shall be given to businesses with drug- free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1) 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify th; this firm c• - plies fully with the above requirements. 14141 4. VEN S OR' SIGNATU• 28 . , ATTACHMENT C OTRaft UF B© I )LD DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES HOMO FAIT CERITOFIJCRTIGE Please provide the following information for our records, if applicable, to you or your company. A. mu,N 1 C,‘ P AL C,oRP ORATI oN OWNERSHIP At least 51 % owned or controlled by minority persons - check one only. Black Americans (Code H) Hispanic Americans (Code I) Asian American (Code J) Native Americans (Code K) American Women (Code M) Name of Firm: C ill o F (V\ I AM 1 tAC4j Address: 1 "4- 0 0 Co 'JENTtOt'J CEE-L b( . - f'(\ kvt&% C E \L.h FL 331140 qi / // Authorized Signature: 4 i Manual Seymour Gelber, Mayor Type Name and Title ITB/RFP NO: DATE: 29 • ATTACHMENT D SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Department of Agriculture & Consumer Services (print name of the public entity) by Seymour Gelber, Mayor (print individual's name and title) for C'iT \ 1A1vLt B C4( (print name of entity submitting sworn statement) whose business address is 'r 0 0 Co►y vE KTt Dt4 CErwr'E DR.. Ivy P1/40A, c--11 F L 3i'1t) and (if applicable) its Federal Employer Identification Number (FEIN) is .3q 1p ,6)4.2 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .1 2. I understand that a "public entity crime" as defined in Paragraph 287.1 33(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud,theft,bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public "entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public 30 • Attachment E Administrative Use FLORIDA URBAN AND COMMUNITY FORESTRY GRANT APPLICATION FORM 1993 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying . The application packet must not exceed or ( 30 ) thirty one sided pages , excluding maps and plans . 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 " . Ten (10) copies (two originals and ( 8) eight copies ) of the application packet including the application form, the project description and all attachments must be received no later than 2:30 p.m. , July 8, 1993 at: Department of Agriculture and Consumer Services Purchasing Office - U&CF - 93 APPLICATION Mayo Building - Room SB 8 Tallahassee, FL 32399-0800 Telephone ( 904 ) 488-7552 If you have any questions , please see Attachment H, "Florida Division of Forestry County Contacts" . APPLICANT INFORMATION (Please Print or Type) Project Title: CII? OF TIIAMI BEACH TRFE INVENTORY AND MASTER PLANTING PLAN Applicant Name (Local Government, Volunteer Organization or Educational Institution) : CITY OF MIAMI BEACH FE I D Number 1359-6000372 Name and Title of Contact Person: Daniel Keys, Parks Superintendent Address 2100 Meridian. Ave. Miari Rearh, F1 nri c1a 3313 Zip: Phone: (305 ) 673-7720 Is your organization a not for profit corporation pursuant to Chapter 617 , Florida Statutes? Yes x No Is your organization tax exempt under IRS code? Yes X No As the duly authorized representative of the Applicant named above, I hereby certify that all parts of the application and required grant information have been read and understood and that all information su. 'itted herei is true and correct . Authorized Exe, utive Office . : Se, A Gelber Title: Mayor , Signature X Date 6/30193 32 Attachment E GRANT PROGRAM INFORMATION Specify Category 1 2, 3 or 4 and designate the applicable subcategory ( see A tachment B, General Information" ) . Category: Local Goverment Program Development or Iriproverent Sub-Category B. Tree Inventories and D. Master Plans SUMMARY OF COSTS (A 50/50 match or better on behalf of the applicant is required) . Requested Grant $ Local Match $ I II Personnel Expenses $ 20,000.00 $ 20,000.00 Operating Expenses $ $ Capital Expenses $ $ Other $ $ Total Requested Grant( I ) $ 20,000.00 -0- Total 0- Total Matching Costs ( II ) $ -0- $ 20,000.00 Total Program Costs ( III ) $ 40,000.00 100% 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. The local match, including cash and in-kind services, must be substantiated by documentation. PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) County Dade Local Government Jurisdiction (County Government, Municipality, School Board District or Independent Special District) : City of Miami Beach Describe the Specific Location of the Project: City Wide Who has Maintenance Responsibility for the Property(Category . 2 Grants ) ? Is the Land Ownership Public or Private? : Public Name of Landowner: City of Miami Beach 33 UK1(1NAL i RESOLUTION NO. 93-20819 Authorizing the Mayor to apply for and ml enter into a grant memorandum of agreement for a $20,000, 50/50 matching grant from the Florida Department of Agriculture and Consumer Services. 4,11