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08/16/1994 i • • FDACS CONTRACT .1i. • 2 511 Page 1 of 10 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- • Page 2 of 10 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 - Page 3 of 10 (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, Page 4 of 10 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 Page 5 of 10 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: Page 6 of 10 (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. Page 7 of 10 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; • Page 8 of 10 (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 Page 9 of 10 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 • 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 • 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" . . . . , I • t . - -1 / . . / .. ... , ., \ \ \--\) l ' ', ) •,, • ... .:. ..: ,... . :...., ............•• * • -. , • n.'". -...: ..1 .: - .:;%. -.-..1.. c.".'.."••, ,,,• ;!. '''. 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'1 f',.- B - STAKING • C - MULCHING , -- ' ._- , . n 1 i , • •..,. ...1 \ \ , \I s / , •‘\ • -....., • .--.. ...:,. . sz"- 1 „ I -, ,---,•:,-.-::-- -,;,... .....:., t ,.....;-- - . ., ....:; ---.••., p.f.•••• •-• --'•• :... ..7 •;•:. - • .. : • . . .:. :.'...; \ \ ,;.•;.-.•:.•, ...-....,., , p -,..w. 1 i si l• i I / • • ...;.--..' ....... - .. 11 P, . - i • : ,7",.-:1' • ., .„ . LIW0 ' ..... 'Y. ••••••••••,"(•••■••:•I .. —. .•••;,-znal • - • • - '•-• - — _ A • 1 . . i • . ) '.. .p ..../ V . - . \ 1) . .4) \ N . ..._. i ____.....,,,, ... .., ,,.0... ,i..hy.,,,r..............._., i ,........„..,...„„.....:„....:•.....::.....„,........:.7..........„....:„..„:;•....• • .P.: ...,%,)•••• 1, -;; -: -: -... • - .1.-. 1 *. - - : -. .'..-..,::, ..,.:.-:...:. ..,.1•-:: • - 1W?t'Fd•;:-5 . '?.::-: • ..- - ..:* ---'.. -."' -.. • ' .:r.-• --r - .- --.:------ - • -...A..1/41„ . :. -7- - :.:4 • -• ..: . .*"....-- ... *-•%.*:-.•;:"*.-:::-.*.-:"...•:::::"•:-: I " „, ;:- '.::i....2 - :: . r"...;-.....•: - .. :-I. ,P1:"."- .C .... - ''' fr..4 ■:' ..'... ::-..... •' : B " ''...■ ' l '' - i.:•. : :.::: : : - ...4 " .-: "....... ' .::.:-.: .!..:•....: -1. *:C*; • • .., .- ..„... • .•••• •.,,...,._............:::•::::„,-•• .. . • 11 A - PLANTING • g B - STAKING ... i t? . L.A-a:= • • C - MULCHING .....•-q ..-.- _c_s-1, ,.• `\i--.. , - (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.