08/16/1994 i • •
FDACS CONTRACT .1i.
• 2 511
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HURRICANE ANDREW URBAN REFORESTATION
GRANT MEMORANDUM OF AGREEMENT
his agr ement, made and entered into this the ; 41--
c� day
of ,19 ly 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,
Monroe County hereinafter called the Grantee.
WITNESSETH
WHEREAS, the Department desires to reestablish the urban tree
canopy damaged or destroyed by Hurricane Andrew on August 24, 1992,
by granting funds to the Grantee for the purpose as outlined in
grant application Number HA -73 , included herein as Exhibit "A"
and by reference made a part hereof;
WHEREAS, the Department and the Grantee are of the opinion
that the citizens of the state of Florida would benefit from the
implementation of urban and community forestry projects that would
contribute to the restoration of the urban tree cover damaged or
destroyed by Hurricane Andrew;
WHEREAS, the Department has awarded the Grantee an urban
forestry grant for the specific project set forth in Grant
Application Number HA -73 , hereinafter the "project ";
WHEREAS, the Grantee by Resolution No. 047 -1994 dated
February 16, 1994 '
has indicated its support of the
grant application and authorized its officers to execute this
Agreement on its behalf;
WHEREAS, the parties recognize that tree planting also
requires maintenance and the Grantee has agreed to provide that
maintenance for any trees planted as a part of the project;
WHEREAS, the parties hereto mutually recognize the benefits of
such a project as described in Exhibit "A" and the nedt fq#
entering into an agreement designating and settiri?c 3 f ori t
responsibilities of each party;
- A
op-
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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
August 30 , 1994, shall constitute forfeiture of
the award.
2. The effective date of this agreement is T , 1994.
IMPLEMENTATION
3. The Grantee shall complete the Implementation portion of
this project by September 30, 1995 as set forth in the Hurricane
Andrew Urban Reforestation Grant Application Number BA_73
approved by the Department on April 28 , 1994, during
which time the grant shall continue in effect. The criteria for
the project is set forth therein. The final date by which such
criteria must be met for completion of this agreement is September
30, 1995. = 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.
4. The Grantee has estimated the project cost to be
$ 25,000.00 as shown on the grant application budget sheet
attached as Exhibit "B ". The Department agrees to reimburse to the
Grantee the total sum of $ 25,000.00 , the "Grant Amount ",
upon satisfactory completion of the project.
(a) Two or more verbal quotes must be obtained for all
individual purchases /expenditures over $3,500.00 and
less than $10,000.00. Three or more written quotes must
be obtained or a formal bid procedure used for all
individual purchases /expenditures of $10,000.00 or more.
Justification must be provided for a sole source award or
for an award to a vendor other than that vendor
submitting the lowest bid or quote.
(b) Invoices must be accompanied by proof of payment (billing
statements or invoices accompanied by copies of cancelled
checks or check numbers).
i -
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(c) 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 accordance with the rates
specified in Section 112.061, Florida Statutes.
(d) 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 necessary for a proper audit shall be kept
and include all records of the project costs of the
Grantee and subcontractors.
(e) No federal grant funds will be reimbursed to the Grantee
for tree planting, trimming, pruning or tree removal
where federal disaster funds have been provided to the
Grantee or the owner of the property described in
Paragraph 8 for the identical practice on the same
project site by the Federal Emergency Management Agency
(FEMA).
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 incurred prior to the effective date of this
agreement are ineligible for reimbursement. At the request of the
Grantee, partial payments may be made following submittal of
invoices on a quarterly basis. No more than 75 percent of the
Grant Amount will be paid to the Grantee prior to Certification of
Acceptance by the Department. The final payment shall not be made
until Certification of Acceptance is received from the Department.
For tree planting projects, Certification of Acceptance by the
Department may be requested sixty (60) days after installation of
plant materials. Upon receipt of the Certification of Acceptance,
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the Grantee may submit an invoice for final payment.
5. The Grantee certifies that neither it nor its principals
are presently suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this grant
program by any Federal department or agency.
6. The Grantee agrees to submit to the Department an interim
report on project accomplishments by January 15 ,19 95 and
a final report summarizing project accomplishments as a
prerequisite to Certification of Acceptance by the Department.
Failure to submit a required report or submission of an
unsatisfactory required report is sufficient grounds for
termination of this agreement according to the provisions of
Subparagraph 9(b).
MAINTENANCE
7. The Grantee agrees to maintain those trees established as
a part of the project for a period of three (3) years following
Certification of Acceptance by the Department.
8. The Grantee shall maintain the project in a responsible
manner and with due care in accordance with the below listed
"Project Standards" for the property owned by:
Not Applicable and located at:
Specifically, the Grantee accepts the below listed responsibilities
and duties:
(a) For Balled and Burlapped and Container -Grown Trees:
(i) Care and maintenance (including but not limited
to: planting, watering, mulching, staking,
pruning, and fertilizing) of all trees must be
in accordance with the Planting and Maintenance
Guidelines included herein as Exhibit "C" and
by reference made a part hereof;
(ii) Proper mulching of tree beds;
(iii) Keeping the premises free of weeds;
(iv) Mowing and /or cutting grasses to the proper
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length; proper pruning of all trees including
removing dead or diseased parts of trees or
pruning such parts thereof which present a
hazard;
(v) Removing or replacing, at the Grantee's
expense, dead or diseased trees in their
entirety, or removing and replacing those trees
that fall below original Project Standards;
(vi) In the event that trees must be removed or
replaced for whatever reason, then they shall
be replaced with trees of the same grade, size
and specification as provided for in the
original plans for the project.
(b) For Bareroot Seedlings and Tubelings:
(i) Protection from destructive wildfire by the
establishment and regular maintenance of
firebreaks;
(ii) Protection from destructive grazing by domestic
livestock;
(iii) In the event that seedling or tubeling survival
falls below fifty (50) percent within 3 years
after Certification of Acceptance by the
Department then the entire project area shall
be replanted by the Grantee at the Grantee's
expense using seedlings or tubelings of the
same grade, size and specification as provided
for in the original plans for the project.
The above named functions to be performed by the Grantee shall be
subject to periodic inspections by, the Department. It is the
intent of the parties hereto that the owner of the property
described in Paragraph 8 shall be the owner of trees planted as a
part of the project.
9. This Agreement may be terminated under any one of the
following conditions:
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(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.
10. Notwithstanding any provision of this Agreement to the
contrary but subject to Subparagraph 9(b), in the event this
Agreement is terminated before the Department has paid Grantee
the entire Grant Amount, then the Department agrees to pay the
Grantee the entire Grant amount, if the project has been
satisfactorily 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 that is
satisfactorily completed.
11. In the event this Agreement is terminated in accordance
with subparagraph 9(b), due to failure of the Grantee to
satisfactorily perform the maintenance portion of this agreement,
then the Grantee shall refund to the Department a pro -rated portion
of the grant award based upon the following schedule:
(a). If this agreement is terminated during the first
year following Certification of Acceptance by the
Department, 75 percent of the grant award.
(b). If this agreement is terminated during the second
year following Certification by the Department, 50
percent of the grant award.
(c). If this agreement is terminated during the third
year following Certification by the Department, 25
percent of the grant award.
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12. 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 two (2) 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.
13. This Agreement embodies the entire agreement and
understanding between the parties hereto and there are no other
agreements or understandings, oral or written, with reference to
the subject matter hereof that are not superseded hereby.
14. This Agreement may not be assigned or transferred by the
Grantee, in whole or in part, without the expressed written consent
of the Department.
15. This Agreement, regardless of where executed, shall be
governed by and construed in accordance with the laws of the State
of Florida.
16. All notices, demands, requests or other instruments shall
be given by depositing the same in the U.S. Mail, postage prepaid,
registered or certified with return receipt requested, or by
telex(FAX) or telegram:
(a) If to the Department, addressed 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;
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(b) If to the Grantee addressed to:
Monroe County Division of Environmental Resources
2798 Overseas Highway, Suite 430
Marathon, FL 33050 -2227
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 all mailed notices, demands, requests and other
instruments, or from the date telexed or faxed.
17. Time is of the essence of this agreement.
18. This contract, which disburses grants and aids
appropriations, is subject to the requirements of Section 216.347,
Florida Statutes, and the Grantee is therefore not allowed to
expend any funds received through this contract for the purpose of
lobbying the Florida Legislature, the Department, or any other
state agency.
This contract, which disburses grants and aids appropriations,
is subject to the requirements of Section 216.349, Florida
Statutes, which are:
(a) The Department and the Comptroller before disbursing any
funds must independently ensure that the proposed expenditure is in
accordance with all legal and regulatory requirements and that this
contract specifically prohibits the use of funds for the purpose of
lobbying the Legislature or any state agency.
b) If the Grantee is a local government agency, nonprofit
organization, or not - for - profit organization it shall: (i) for
amounts $25,000 or less, have its head attest that it has complied
with grant provisions, (ii) for amounts greater 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 an independent certified public accountant
which attests that the grant provisions have been complied with,
(iii) for amounts greater than $100,000, have a grant- specific
audit performed in accordance with the rules of the Auditor
General, and (iv) have such audits, statements, or attestations
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filed with the Department and the Auditor General.
19. The Grantee 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.
20. Grantees providing goods and services to the Department
should be aware of the following time frames. Upon receipt, the
Department has five (5) working days to inspect and approve the
goods and services, unless the bid specifications, purchase order
or contract specifies otherwise. The Department has 20 days to
deliver a request for payment (voucher) to the Department of
Banking and Finance. The 20 days are measured from the latter of
the date the 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 day will be due and payable,
in addition to the invoice amount, to the Grantee. The interest
penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one
(1) dollar will not be enforced unless the Grantee requests
payment. Invoices which have to be returned to a grantee because
of Grantee preparation errors will result in a 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.
21. If more than one party executes this Agreement as
Grantee., then they may choose to apportion various duties and
responsibilities between themselves, but they shall each remain
fully responsible to the Department for any and all requirements
Page 10 of 10
undertaken in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF C 'TURE AND
V
4447//rit.1(<giti CONS SER �S
BY: Y /
Approval as to Form and Dir -ctor, Division of
Legality Administration
Monroe Cou•
-me of Grantee Name o an -e
i w
BY: BY:
Title: NI EV Ti • = : may /ChowirThcm
Attest: (SEAL) A est ,.• C. , ■44rtiagi}
►, v a
Clerk 4_01
Approval as to Form and A.prov•.'1 as to Form and
Legality Legal''y
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Page 1 of 4
=VISIT A
ATTACHMENT E
FLORIDA
HURRICANE ANDREW URBAN REFORESTATION GRANT APPLICATION FORM
1994
GENERAL INSTRUCTIONS: Please complete all items pertaining to
the Category Grant for which you are applying. The proposal must
not exceed thirty (30) one -sided pages, including 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 (one original and (9)
nine copies) of the proposal including the application form, the
project description and all attachments must be received no later
than 2:30 p.m., March 31, 1994, at:
Department of Agriculture and Consumer Services
Purchasing Office - HURRICANE APPLICATION
Mayo Building - Room SB 8
Tallahassee, FL 32399 -1650
Telephone (904) 488 -7552
If you have any questions, please see Attachment H, "Local
Division of Forestry Contacts ".
APPLICATION INFORMATION (Please Print or Type)
Project Title: . , -- • -•
Proj u•• .-
• , • -
Applicant Name (Local Government, Nonprofit Organization or
Educational Institution) Monroe County
Federal Employer Identification (FEID) Number 596000749
Name and Title of Contact Person: Pat McNeese, Dir. Env. Resources
Address Monroe County, 2798 Overseas Highway, Suite 430
Marathon, FL Z 33050 -2227 Phone:( )289 -2502
Is your organization a nonprofit corporation pursuant to Chapter
617, Florida Statutes? 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 submitted herein is true and correct.
Authorized Executive Officer: James Roberts
Title: County Administrator„
/ l
Date / 7/5 K
Page2of4
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ATTACHMENT E
GRANT PROGRAM INFORMATION
Specify below Category 1, 2, 3, 4, 5 or 6 - One Category only
(see General Information Hurricane Andrew Urban Reforestation
Grant Program ", Pages 10 -16).
Category: 1
APPLICANTS MAY ONLY APPLY FOR GRANT FUNDING IN ONE CATEGORY ON
EACH APPLICATION FORM.
REQUESTED GRANT $
Personnel Expenses $ NA
Operating Expenses $ NA
Capital Expenses $ 3,500.00
Other Contractural $ 21,500.00
TOTAL $ 25,000.00
A budget, detailing all costs identified above must be attached.
* ** See page 3 of written roposal
PROJECT LOCATION INFORMA (Please Print or Type)
(Complete where applicable)
County Monroe
Local Government Jurisdiction (County Government, Municipality,
School Board District or Independent Special District):
County Government
Attach a minimu of three photographs of proposed tree planting
sites. NA
Attach a General Location Map and Describe the Specific Location
of the Project here: NA
Who has mAintenance Responsibility for the Property (Category 2
and 3 Grants)? Nis,
Is the Land Ownership Public or Private ?: NA
Name of Landowner: NA
URBAN TREE INVENTORY:
MONROE COUNTY PROPOSAL NO. 1 FOR THE
HURRICANE ANDREW URBAN REFORESTATION GRANT
Project Justification
Monroe County experienced tree canopy loss as a direct result of Hurricane Andrew. The
Hurricane trekked through the northern portion of our county altering large stands of
natural hammocks and street trees. The effected natural areas of the northern keys are
now susceptible to an introduction of invasive exotic species such as Schinus
teberinthifolius, Casuarina equisitifolia and Colubrina asiatica. The full force of
Hurricane Andrew was not felt in the middle and lower keys; however, the potential for
widespread damage to the natural and urban tree canopies from future storms is
unquestionable.
Geographic Summary of Monroe County
Monroe County can be separated into four distinct zones characterized by geographic
location and vegetation type. The Upper Keys (Key Largo to Lower Matecumbe) are
characterized by large canopy producing trees. Species such as Bursera simaruba,
Metopium toxiferum, Swietenia mahagoni and Piscidia piscipula reach heights of 40 feet
or more. The Middle Keys (Long Key to Marathon) are generally characterized by the
same tree species as the Upper Keys, however, in smaller proportion. Unique palm
hammocks occur in the Middle Keys while sea turtle nesting beaches can be found along
the ocean side of several Keys. The Lower Keys (Bahia Honda to Key West) offer the
most diversity in terms of ecology and habitat. Pinelands extend throughout Big Pine
Key. Fresh water wetlands occur on a number of the Lower Keys as do mangrove stands,
low hammocks and saltmarsh associations. Endemic threatened and endangered tree
snails, rice rats, marsh rabbits and Key Deer require the habitat offered by the Lower
Keys for survival. Lastly, Monroe County extends into the freshwater reaches of
Everglades National Park.
Project Description
Existing estimates of the general cover type and habitat of Monroe County are incomplete
and inadequate. They do not provide the county resource managers with quantified,
statistically valid coverage estimates. Without this data, our management and regulatory
actions fall under justifiable scrutiny. A completed urban and natural area canopy
inventory is required to meet the demand of reforestation that will occur as a result of a
catastrophic hurricane. It will also serve the purpose of justifying our management
objectives. The aftermath of Hurricane Andrew caused widespread mortality to the
pinelands and hammocks within the natural areas of Dade County. It is our goal to enact
a proactive urban and natural area forest management campaign addressing hurricane
preparedness and prevention so that Monroe County does not meet the same fate.
Urban Tree Inventory
Monroe County Proposal No. 1; March 30, 1994 1
•
Objectives of the Canopy Analysis
1. Provide a statistically valid analysis of exact size and location of the Hammocks and
Pinelands of the Florida Keys.
2. Provide an estimate of percent canopy coverage within the urban areas and the natural
areas.
3. Provide an analysis of forest quality which addresses, at a minimum, occurrence of rare
species, exotic canopy coverage and habitat value.
4. Estimate the location of areas directly effected by Hurricane Andrew for the purpose of
reforestation.
5. Estimate the economic value of existing natural areas for the purpose of land
acquisition and land development mitigation to assist in regulatory decisions.
The information gathered will be entered into a computerized inventory and produced in
a tabular format. Type maps will be produced using an existing base map. Eventually
the data collected will be digitized onto an existing geographical information system
(GIS).
As required by the Request for Proposal, Monroe County will meet or exceed the
requirements for two or more verbal quotes for purchases /expenditures greater than
$3,500.00 and less than $10,000.00 and a minimum of three written quotes or completion
of a formal bid process for purchases /expenditures of $10,000.00 or more to insure a cost
effective project.
Urban Tree Inventory
Monroe County Proposal No. 1; March 30, 1994 2
.
E His r `
Itemized Budget
Contractural Services
Forest canopy mapping, economic valuation of canopy inventory
and forest quality analysis.
Hand -drawn on DOT aerials the remaining natural areas. $ 6,500.00
Develop quality and economic criteria. $ 2,000.00
Ground truth and quality assessment/economic assessment. $11,000.00
Enter computerized inventory with forest location onto
personal computer software. $ 2,000.00
Total 521,500.00
Computer Equipment
486/66 MHZ DX/2 ISA VESA PC Computer or equivalent $ 3,259.00
with SVGA Color Monitor and 210 Meg Hard Drive
Software: Excel for Windows $ 241.00
Word for Windows
Total $ 3,500.00
Total Expenses 525,000.00
Urban Tree Inventory
Monroe County Proposal No. 1; March 30, 1994 3
Exr:BIT fC„
•
■ ;1 PLANTING AND MAINTENANCE GUIDELINES
•
A Planting
- Site factors which influence long -term survivability should be
considered: overhead and underground utilities, sidewalks, signage
conflicts, traffic visibility, lightpoles, right -of -way or site
improvements, size of planting space /site, etc.
- All planting stock must be Florida Grade 01 or better.
- All synthetic or non - degradable material such as nylon rope or
treated burlap, etc. must be removed from the root ball prior to
planting. All biodegradable material should be removed from the
upper 1/3 of the root ball. Precautions should be taken to prevent
remaining pieces of material from extending above the soil where
• they can act as wicks, drying the soil.
- If trees are planted with wire baskets around the root ball, it is
recommended that the top two tiers of wire be cut and removed after
the root ball is set in the planting hole.
- The planting hole size should be at least 3 -5 times the diameter of
the root ball (where possible) and the same depth as the root ball.
- Position the tree or palm in the center of the planting hole with
the top of the root ball even with the surrounding soil surface.
- Backfill with soil from the planting site if the soil is not
contaminated. All large rocks should be removed. When the hole is
half fully slowly water to saturate the soil and remove air
pockets, then continue to fill the hole with soil. It is not
recommended that large amounts of organic matter be incorporated
into the backfill.
- Water thoroughly to: remove air pockets, secure the soil around
the roots, and provide nourishment.
- Rake the soil evenly around the entire planting area.
B Mulching
- Mulch an area at least 3 times the diameter of the root ball to a
depth . of 2 " -4" with wood chips, bark mulch, shredded mulch,
leaves, or pine needles. Keep the mulch several inches away from
the trunk of the tree or palm.
- Replenish mulch as it decomposes maintaining a 2 " -4" layer over the
life of the project.
C Staking
- Stake only if necessary. For example, if the tree or palm will not
stand on its own due to potential windthrow or vandalism.
- Use flexible materials such as strapping or commercially available
ties that give as the tree diameter increases and as the tree
moves. Biodegradable material is recommended. Do not use wire
even if the wire is inside rubber hose.
C"
PLANTING AND MAINTENANCE GUIDELINES (CONTINUED)
- Stakes and ties should remain on trees no longer than 1 year to
avoid girdling.
D Pruning
- At the time of planting only dead, damaged, rubbing or cross
branches or fronds should be removed. (Some researchers now
believe that removing the growing tips of a transplanted tree will
slow root regeneration).
- R.move sucker sprouts from the base of the tree after planting.
- Corrective /structural pruning can begin approximately one year
after planting. Do not remove more than 1/3 of the live crown at
any time.
E Watering
- Establish a regular watering schedule and adhere to it. Slow deep
watering is recommended.
- Water as needed during extremely hot or dry periods.
- As tree or palm growth progresses, be sure to water outward (away
from the trunk) to the surrounding soil area, this will promote the
growth and spread of roots..
- Various species of trees or palms and /or soil types may require
varied degrees of watering. Soil moisture and tree health should
be monitored and irrigation adjusted accordingly. Non - irrigated
sites need to be monitored more closely.
F Fertilizina
- Begin a fertilization program within the first year of planting.
Broadcast fertilizing or fertilizer plugs /stakes are recommended.
- Fertilize lightly after the first year using a balanced fertilizer
(rates should be based on the size of the tree or palm and any
special nutrient requirements).
- If micronutrient deficiencies are suspected, have a soil test
completed and supplement the fertilization program accordingly.
For further information or assistance, contact your local County or
Jrban Forester, or your County Extension Agent.
.. w. EXHIBIT "C"
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(1
U.S. DEPARTMENT OF AGRICULTURE
Certification R g Debarment, Suspcnsior, Ineligibility
and Voluntary cIusion - Lower'Izcr Covered Transactions
This certification is required by the regulations implementing Executive Order 12349, Debarment and
Suspension, 7 CFR Part 3017, Section 3017310, Participants' responsibilities . The regulations were published
as Part N of the January 30, 19E9, Federal Reris :er (pages 4722-4733). Copies of the regulations may Le
obtained by contacting the Department of Agriculture agency with which this transaction origi ^ated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals Is presently debarred, suspended, proposed for debarment, declared iner:ible, or - •
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the pros; ective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal. •
Monroe County Grant HA -73
Oranisation Name PR /Award Number or "roject Name
C C N ' '11'1' C
•
Nantes) and Titles) of Authorized Rcpresentatihe(s)
. _ _
e/g,(6./ci
Si=nature(s) Date
Form AD-104S (I /S2)
•
Instructions for Certification
•
•
1. B) signing and submitting this form, the prospective lower tier participant is providing the certification
set out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered Into. lilt is later determined that the prospective lower tier participant knowingly
rendered an erroneous certifica :ion, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and /or debarment.
3. The prospective Iower tier participant shall provide immediate written notice to the person which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
•
•
4. The terms 'covered transaction; 'debarred; 'suspended; 'ineligible,• "lower tier covered tran :action;
'partizipant; 'person, 'primary covered transaction; 'principal, 'proposal; and 'voluntarily excluded,' as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
S. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, 11 shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this
clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions; without modification, in all lower tier covered transactions and in n11 solicits :ions
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower :i :r covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it 1•..uws that the certification is erroneous. A par. :ripant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the Nonprocurement List -
8. Nothing contained In the foregoing shall be construed to require establishment of a system of records
in order :o render in good faith the certification required by this clause. The knowledge and information of
a participant is not required to exceed that which is normally *possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and /or debarment.
•
UBMrPRO TO: , . STATE OF FLORIDA • Iii;!) 4
°#309.,r1,*::::::,,, _ REQUEST FOR PROPOSAL
'' 4 $ "" 4 "' '1'4 fib` .i e° s 4' 4 s 1 °'''''"` "
°'e _� CONTRACTUAL SERVICES
0 "4 N Acknowledgement
P"a�ot t ° •30 P «M ' :' R � x
O � ��� W i 4 i i4 9 0 , f i y D>1 93194
aysg
ti t MAILIN el s: A
, 1* 07, 19 ? '
r
r!• :1g.. • e1 z' a
FEDERAL EMPLOYER IDENTIFICATION NUMBER OR
S.S. NUMBER 59-6000749
VENDOR NAME REASON FOR NO PROPOSAL
ionroe County Board of Commissioners
VENDOR MAILING ADDRESS
5100 College Road
CITY - STATE - ZIP POSTING OF PROPOSAL TABULATIONS
Stock Island, FL 33040 Proposal tabulations with recommended awards will be posted for review by interested
parties at the location where proposals were opened end will remain posted for a period
AREA CODE TELEPHONE NUMBER 2 • • -2_ • of 72 hours. Failure to fie • protest within the tine preecnbed in Section 120.53(5), Florida
3 0 5 Statutes, shad constitute a waiver of proceedings under Chapter 120, Florida Statutes.
TOLL -FREE NUMBER N A Posting will be on or about APRIL_. 25 , 1994
I certify that this proposal is made without prior understanding, agreement. or connection with any _ - ,
corpora: on. Ism. a person submitting a proposal for the same contractual Service$, and is n a$ respects /' / '
fair and w i t h o u t c o l l u s i o n or f r a u d . I a g r e e t o a b i d e by a l l c o n d i t i o n s of t h i s proposal and may that - - -
I am authorized to sign this proposal l o , the proposer art t h a t t h e proposer is in compliance watt a l l " — . '------ J O . —�
requirements of the Request tor Proposal. including but not limited to, certification requirements. In AUTHORIZED SI NATURE (MANUAL)
submitting a proposal to an agency far the State a Florida. the proposer offers and agrees that 5 the
proposal is accepted. the proposer will convey, sell, assign or transfer to the State of Florida as rights,
tide and nterest in and to air causes a action it may now or hereafter acquire Oder the Anti -bust -
laws e united States and tie State a Florida to price fixing relating to the particularcommodi commodities a the James Roberts. County Admin i s t r a t •
or services puauased or acquired by the State of Florida. At the State's discretion. such assignment
shag be made and become effective at the time the piaehasiny agency tenders final payment do the AUTHORIZED SIGNATURE (TYPED) TITLE
proposer.
GENERAL CONDITIONS
SEALED PROPOSALS: AU proposal sheets and this original acknowlsdgemem (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 milled invoices to the purchaser at ter prices stipulated
THAN ONE PROPOSAL PER ENVELOPE.) The face of the *melons shall contain, in on the contract at the time the order is placed. alter delivery and acceptance of
addition to the above address. the date and time of the proposal opening and the proposal goods. leas deductions if any. as provided. Invoices shall contain ter contract
number. Proposal prices not submitted on attached proposal price Meets when required number. purohw order number and the contractors' Federal Employer lentil-
shall be rejected. All proposals are subject to the conditions specified herein. Those which cation Number. M original and t (3) copies of the invoice shoe 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 othervvias. 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 Betas sufficient for a proper proautlit are pdMaUdd thereof and invoices for any
pnnted in ink. Use a smash* ink is not permitted. All corrections to prices made by travel expenses shell be submitted in accordance with the rates M or below those
proposer must be initiated. The company name and F.E.1.0. or social security number specified in Sections 112.081 and 287.058. F.S. Interest Penalties: Payment
rust appear on each pricing pegs of the proposal as required. If a vendor intends to do shall be made M 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
Cem
cormeny. contact Deportment of Management n Division of Purchasing, 2737 Vendors and time limits for payment a nvoices. VENDOR OMBUDSMAN:
Centsiv ri ve Knight following goods and services to an agency should be aware a the
g lima frames. Upon receipt, an agency has five (5) working days to
inspect end approve the goods and services. unless the bid specifications. 2. NO PROPOSAL SUBMITTED: If not submitting a proposal, respond by purchase orderor contract specifies otherwise. An agency hall 20 days to deliver
returning only the proposer acknowledgement form, marking it "NO PROPOSAL ", a request for payment (voucher) to the Department of Bank and Finance.
and explain the reason in the apace provided above. Failure to respond to e
procurement solicitation without giving justifiable reasons for such failure. non- The 20 o oys are measured from the letter , the end the 0V0 d. l lt is received
or the goods a services are received. inspected and approved. a payment
conformance to contract conditions, or other pertinent factors deemed reasonable
and valid shall be cause for removal a the proposer's name from the is r not available l be u e an payable, days, i separate loner nv penalty a t. to t h v ercem
list. NOTE: To qualify as a respondent, proposer must submit a "NO°PR�OPOSAL",, Per dry rune b due and vio addition ate a the invoice arrant to the vendor.
The interest pdndly provision u on ape a after l 3s of l time t period () doll 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 ore 111 dollar will
3. PROPOSAL OPENING: shall be public, on the date. location one the time not be enforced unless the vendor requests payment. Invoices which have to
be retuned to a vendor become of vendor preparation errors will result In a
specified on the seknowgsment form. It is the proposers responsibility to assure that delay in the payment. The invoice payment requirements do not Mart 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. Otters 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 roe vendors who may be
opening of the price proposals. NOTE: Proposal tabulations will be furnished upon experiencing problems in obtaining timely payment(s) from • Mate agency. The
written request with an enclosed, self addressed, stamped envelope and payment Venda Ombudsmen may be contacted M (904) 488-2924 or by cling the Sate
of a predetermined fee. Proposal tabulations will not be provided by telephone. Comptroller's Hotline, 1. 800848.3792. The Division of Purchasing anal) review
. 4. PRICES, TERMS AND PAYMENT: Firm prices shall be proposed and the conditions and circumstances surrounding non - payment ord unease there
is a loo $fide dispute, the Division may in writing authoress 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 a services. See tax exemption number on face of purchase (e) ANNUAL APPROPRIATIONS: The state of Florida's performance
order or agreement t form. This exemption does not apply to purchases of
services n the performance a contracts for the improvement a state-owned and obligation 10 pay under this contract is contingent upon an annual appropriation real property as defined in Chapter 192, Florida Statutes. the Legislature.
(b) DISCOUNTS: Cash discount for prompt payment Mau not be considered 5. CONFLICT OF INTEREST: The award hereunder is subject to the provisions
in dstsrmning the lowest net cost for proposal evaluation purposes. of Chapter 112. Florida Statutes. Proposers must disclose with their proposal the
(c) MISTAKES: Proposers are expected to examine the conditions, scope a " a any officer. director. or agent who is also an employee of the Stets a Flakes
wok. proposal prices extsrteiorhs and all irmetrucdora pertaining to the Stamm employee any a its agencies. Further, all proposers must disclose the mama a ay State
involved. Failure b d0 so will be at the pnposer's risk. employes who owns, directly or indirectly, an interest a n th
five (5%) or more e
Proposer's firm or any of its branches, In accadsnce with Chaplet 287, Florida
Statues. no person or firm receiving a contract that has not been procured Pursuant 10. LEGAL REQUIREMENTS: Applicable provision 01 ell Federal. State. county •
to Section 287.057(2) or (3) to perform a feasibility study of the potential impismenteaon and lost laws. end of ad ordinances. rules, and regulations shad govern development.
of a subsequent contract. participating m the drafting of a request for proposals, or submittal and evaluation dad proposals received in response hereto and shad govern
developing a program for future implementation shad be eligible to contract with the any and all claims and disputes which may rise between person(s) submitting a
agency for any contracts dealing with that specific subject matter: and proposers Proposal response hereto and the State of Florida. by and through its officers.
must disclose with their proposal any such conflict of interest. employees and authorized representatives, or any other parson. nature) or otherwise:
6. AWARDS: As the beat Interest of the State may require, the right is reserved and sck of knowledge by any proposer shall not constitute • Cognisable defense
to reject any and all proposals or waive any minor irregulriry or technicality in
. against the legal effect thereof.
proposals received. Proposers re cautioned to make no assumptions unless their 11. ADVERTISING: In submitting a propoeal, proposer agrees not to use the results
propose) has been evaluated as being responsive. therefrom as a part of any commercial advertising.
7. INTERPRETATIONS /DISPUTES: Any questions concerning conditions 12. ASSIGNMENT: Any Contract or Purchase Order issued pursues' to this request
and specifications shall be directed in writing to this office for receipt no later than for propose and the monies which may became due hereunder are not assignable
ten (10) days prior to the proposal opening. Inquires must reference the date of except with the poor written approval of the purchaser.
popos. opening end proposal number. No intstprstadom shad be considered binding
unless provided in writing by the State of Florida in response to reausss in full 13. LIABILITY: On any contract resulting from this proposal the proposer shall hold
compliance with this provision. My person who is sdveray affected by the agency's and save the State of Florida, its officers, agents. and employees hamlets agrne
decision or intended decision concerning a procurement solicitation or contract award claims by third parties resulting from the contractor's breach of this convect or the
and who wants to protest such decision or intended decision shall file a protest in contractor's negligence. This requirement does not apply to contracts between
compliance with Rule 13A- 1.006(3), Florida Administrative Code. Failure to file a governmental agencies. •
protest within the time prescribed in Section 120.53(5). Florida Statutes. shall constitute
a waiver of proceedings under Chapter 120. Florida Statutes. 14. FACILITIES: The State reserves the right to inspect the proposr's facilities at
8. GOVERNMENTAL RESTRICTIONS: In the event any governmental any LTe with prat notice
restrictions may be imposed which would necessitate alteration of the materiel quality 15. CANCELLATION: The State shed have the right of unilateral cancellation for
of the services offered on this proposal pnor to their completion, it shall be the refuse by the contractor to allow Public access to all documents. Paters. Isiters. Or
responsibility of the successful proposer to notify the purchaser at once. indicating other materiel subject to the provisions of Chapter 119, Florida Statutes, and made
in his letter the specific regulation which required an alteration. The State reserves or received by the contractor in conjunction with the contract.
the right to accept any such alteration, including any pries adjustments occasioned
thereby, or to cancel the contract at no further expense to the State. 16. PUBLIC RECORDS: My material submitted in response to this Request for
Proposal will become a public document pursuant to Section 119.07, F.S. This
9. DEFAULT: Failure to perform according to this proposal andlar resulting contract includes material which the responding proposer might consider to be confidential
shall be cause for your firm to be found in default in which event any and all or e trade secret. Any claim of confidentiality is waived upon submission. eff ective
reprocurement costs may to charged against your firm. Any violations of these after opening pursuant to Section 119.07. F.S.
stipulations may also result in:
a) Contractor's name being removed from the Division of Purchasing vendor
mailing list.
b) All State agencies being advised not to do business with the contractors without
written approval of the Division of Purchasing.
NOTE:
ANA DAVE SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS
SHALL
PUR: 7033 REV. 9/1/92
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 Dept. of Agriculture and Consumer Services
(print name of the public entity)
by James Roberts, Monroe County Administrator
(print individual's name and title)
for Monroe County Board of Commissioners
(print name of entity submitting sworn statement)
whose business address is Public Servi r P Rlii 1 ding , 51 00 Cn1 1 Pg Rnari
Stock Island, FL 33040
and (if applicable) its Federal Employer Identification Number (FEIN) is 59-6000749 •
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: •
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(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
entity. The term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
31
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.)
X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives.
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent
to July 1, 1989.
•
The entity submitting this sworn statement, or one or more of its officers, directors, ext- cutives,
partners, shareholders, employees, members, or agents who are active in the management of entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime sui =.. quent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been _charged with and convicted of a public entity crime subsequent to
July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State
of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [Attach a copy of the final order.'
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE
PUBLIC T PRO D E D IN TO SECTION 287 010 CONTRACT
7 FLOR DA STATUTESCFOR CATEGORY TWO OF
AMOUNT PROVIDED
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
-7A/c
[date)
STATE OF F1nri
COUNTY OF Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
,rfF 75'_c 7 who, after first being sworn by me, affixed his/her signature in the
(name of dividual signing]
space provided above on this 2 day of/1i1I' , 19
NOTARY PUBLIC
Notary Public, State of Florida
My Commission Expires March 24, 1995 ._l "iR
"4
My My commission expires: Bonded Thru Troy fain . Insurance Inc
Form PUR 7068 (Rev. 04/10/91
32
U.S. DEPARTMENT OF AGRICULTURE •
•
Certification Regarding Debarment, Suspensiot:, Ineligibilit}
and Voluntary Exclusion - Lower Tier Covered Transactions
This certification is required by the reputations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017510, Participants' responsibilities. The regulations were published
as Part N of the January 30, 19£9, Fedcnl Reeis :er (pages 4722 -733). Copies of the regulations mny Le
obtained by contacting the Department of Agriculture agency with which this transaction origi ^ated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REYE::SE)
(1) The prospective Lower tier participant certifies, by submission of this prop "sal, that neither It nor
its principals is presently debarred, suspended, proposed for debarment, declared incl' ,7ible, o: • •
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prosrective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
•
Monroe County Grant HA -73
Or:anization Name PR /Award Number or project Nano
gt C..' . . C , I C "7 ' lcl 1[
\anx(s) and Title(s) of Authorized Representative(s)
. c _
e v
Si=nature(s) Date
Form AD-104S (1 /S2)
•
Instructions for Certification
I. By signing and submitting this form, the prospective lower tier participant is providing the certification
set out on the reverse side in accordance with these instructions.
_2. The certification in this clause is a material representation of fact upon which reliance w:t placed when
this transaction was entered Into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notict to the person ,.t which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification %pas
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms 'covered transaction,' 'debarred,' 'suspended,' 'ineligible,' `lower tier covered tray. :action,'
' participant,' 'person,' 'primary covered transaction; 'principal, "proposal,' and 'voluntarily excluded,' as
used in this clause, have the meanings set out in the Definitions and Coverage sections or rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
S. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, It shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
t �nsactior., unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this
clause titled 'Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions; without modification, in all lower tier covered transactions and inn 11 solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered trnnsaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A partizipant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the Nonprocurtment List.
S. Nothing contained In the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information of
a participant if not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for traa_sactior.s authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction With a person who i5 suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and /or debarment.