Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2010 05 24 Consent 200 Approval of Florida Division of Forestry Grant Memorandum of Agreement (#10A-130)
COMMISSION AGENDA Consent X Informational ITEM 200 Public Hearing Regular May 24, 2010 Mgr. / Dept. Regular Meeting Authorization REQUEST: The Community Development Department, Urban Beautification Division, is requesting the City Commission approve the execution of a Florida Division of Forestry Grant Memorandum of Agreement ( #10A -130) for the Moss Road Tree Reforestation Project. SYNOPSIS: On January 11, 2010, the City Commission approved Resolution 2010 -03, allowing staff to submit for a reforestation grant from the Florida Division of Forestry (FDOF) under the 2009/11 Forest Health Improvement Initiative Grant Program (RFP DF- 09/10 -47). As a result, the City has been awarded $18,537 for the Moss Road Tree Reforestation Improvement Project and the required Memorandum of Agreement (MOA) must be executed prior to starting the project. CONSIDERATIONS: PROJECT SCOPE AND BENEFITS: 1) Installation of 144 native trees in the City Right of Way along North Moss Road between State Road 434 and State Road 419. ✓ Provides sustainable tree canopy for North Moss Road without automatic irrigation. ✓ Enhances curb appeal and future recreational opportunities. ✓ Education for the public as a demonstration site. ✓ Encourages community involvement through beautification. IMPLEMENTATION SCHEDULE: May 25 2010 Execute Grant Agreement June -July 2010 Work in Progress July -Sept 2010 Grow In Period / Inspections by FDOF Sept 30 2010 Closeout of Project Oct -Nov 2010 Grant Reimbursement Period FISCAL IMPACT: Funding for the Moss Road Tree Reforestation Project shall be revenue neutral and come from fund balance of the Arbor Fund (110) in the amount of $18,537. The City will be reimbursed the entire project cost upon acceptance of the project by the Florida Division of Forestry. Maintenance of the project will be performed by City Arbor Staff as part of the regular workload. COMMUNICATION EFFORTS: The Beautification of Winter Springs Advisory Board, The Oviedo - Winter Springs Regional Chamber of Commerce, The Winter Springs Rotary Club, and various homeowner associations are supporting this community improvement project through planning, letters of support and various volunteer activities. RECOMMENDATION: Staff recommends that the City Commission approve execution of the attached Memorandum of Agreement ( #10A -130) by the City Manager between the Florida Division of Forestry and the City of Winter Springs for the Moss Road Tree Reforestation Project. Staff also recommends that the City Commission approve the related revenue neutral expenditure of $18,537 from Arbor Fund (110) Fund Balance to install the project. ATTACHMENTS: A) Attachment `A' — Exhibit `1' FDOF Memorandum of Agreement Attachment 'A' XHIBIT 1 URBAN AND COMMUNITY FORESTRY (U &CF) GRANT MEMORANDUM OF AGREEMENT This Agreement, made and entered into this the day of , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the "Department" and the City of Winter Springs, hereinafter called the "Contractor." WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Contractor for the specific project set forth in grant application Number 10A -130, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.668; WHEREAS, the six digit Department of Management Services' class /group code commodity catalog control number is 991 -365. WHEREAS, the Department and the Contractor are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Contractor by Resolution No. 2010 -03, dated January 11, 2010, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; NOW, THEREFORE, the parties, for and in consideration of the mutual covenants and agreements contained herein agree as follows: A. Failure by the Contractor to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The contract is valid upon execution through July 31, 2011 C. The Contractor has estimated the project cost to be $18,537 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Contractor the total sum of $18.537 of the final approved project costs. The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B ". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Contractor agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Contractor shall be subject to periodic inspections by the Department. The Contractor shall not change or deviate from the project without written approval by the Department. F. The Contractor agrees to submit to the Department an interim report (Attachment H) on project accomplishments quarterly (September 2010, December 31, 2010, DACS -01085 Rev. 11107 Page 1 of 15 March 31, 2011, June 30, 2011, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a completed reimbursement summary sheet (Attachment G) to the Department with sufficient attachments to verify the claims made. These may include Invoices, receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid to the Contractor prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. (6) Completed Recovery Act Questionnaire (Attachment 1) For installed plant materials, a sixty (60) day grow -in- period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Contractor must submit the final claim for reimbursement to the Department on or before September 30, 2011. The Contractor acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display the following statement: "This funding for this project was provided by the American Recovery and Reinvestment Act of 2009. USDA is working to implement provisions of the American Recovery and Reinvestment Act of 2009 (Recovery Act) to put Americans back to work and rejuvenate the nation's economy. The Recovery Act provided USDA with nearly $28 billion in funding, of that, $1.15 billion has been allocated to the Forest Service for project work in forest restoration, hazardous fuels reduction, construction and maintenance of facilities, trails, and roads, green energy projects and grants to states, tribes, and private landowners." Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care DACS-01085 Rev. 11/07 Page 2of15 services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the Invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488 -2020 or Purchasing Office at (850) 488 -7552. invoices returned to a Contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Department. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Expenses associated with travel and per diem are not eligible. Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems In obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services' Hotline, 1 -850- 410 -9724. This Agreement may be terminated under any one of the following conditions: A. The Department may terminate this contract at any time in the event of the default or failure of the Contractor to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for herein, the Department shall provide thirty (30) calendar days written notice of default and shall provide the Contractor the opportunity to cure such failure or default within said thirty (30)) day period. Upon the failure or inability to cure, the Department shall have all rights and remedies provided at law or in equity, including without limitation the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Contractor. 2. Disallow all or part of the cost of the services not in compliance. 3. Wholly or partly suspend or terminate this contract. B. The Department shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1), Florida Statutes. C. By either party following sixty (60) calendar days written notice. In the event this Agreement Is terminated before the Department has paid the Contractor the entire Grant Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of the Grant amount equal to the percentage of the project's completion. DACS -01085 Rev. 11/07 Page 3 of 15 Extension of a contract for contractual services shall be in writing for a single period only, not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Contractor. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through K are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for -profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate agencies. State financial assistance does not include Federal direct or pass - through DACS -01085 Rev. 11/07 Page 4 of 15 awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for - profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be pald from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non -state entitles financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow -up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package DACS -01085 Rev. 11/07 Page 5 of 15 required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399 -1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. I. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). J. The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. The following provisions of A through Hare applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient Is a state or local government or a nonprofit organization as defined in OMB Circular A -133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. DACS -01085 Rev. 11/07 Page 6 of 15 The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. C. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends Tess than $500,000 in federal awards in Its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from the non - federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399 -0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other federal agencies and pass - through entities in accordance with Sections .320(c) and (f), OMB Circular A -133, as revised. E. Pursuant to Section .320(0, OMB Circular A -133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399 -0800 DACS-01085 Rev. 11/07 Page 7 of 15 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A -133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301 -4946, telephone number (850) 487 -1471 and fax number (850) 942 -7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28 Street, North, 3` Floor, St. Petersburg, Florida 33716, telephone number (727) 572 -1987. The Contractor is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bld on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Contractor is informed that pursuant to Executive Order 96 -236, effective October 1, 1996, the Department shall consider the employment by the Contractor of unauthorized aliens a violation of section 274(a) of the Immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. DACS -01085 Rev. 11/07 Page 8 of 15 The Contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability and shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101- 6107). To fife a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC, 20250 -9410, or call (202)720 -5964 (voice and TDD). USDA is an equal opportunity provider and employer. In accordance with Florida Statute 768.28, the Contractor Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Contractor during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Contractor nor any of its sub - contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of Injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, 2n Floor Tallahassee, Florida 32399 -1650 DACS -01085 Rev. 11/07 Page 9of15 All notices, demands, requests or other instruments to the Contractor shall be addressed to: Mr. Steven Richart City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER SERVICES Signature Signature Title Title Date Date DACS -01085 Rev. 11/07 Page 10 of 15 EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - U.S. Department of Agriculture /U.S. Forest Service, CFDA #10.668 - Forest Health Improvement Initiative - $ 18,537.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: Ust applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: • • urce _ awarded to the red • 1- n for matchin • re • resent more than one Federal • • • ram • rovide the same information shown below for each Federal program and show the _total State resources awarded for matching. Federal Program (list Federal agency. Catalog of Federal Pomestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: • _ • f c- • ices awarded to the reci•1-n re• resent more than one =te • ro ect .rovide the : r; information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97. Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) DFS -A2-CL July 2005 Rule 691- 5.006, FAC DACS-01085 Rev. 11/07 Page 11 of 15 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC" for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non - Federal resources, there may be more than one grouping (Le., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(6), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. • OFS -A2 -CL July 2005 Rule 691- 5.006, FAC DACS -01085 Rev. 11/07 Page 12 of 15 ATTACHMENT G Page REIMBURSEMENT SUMMARY SHEET ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount (Attach copies of canceled checks, receipts and invoices) Total Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases/expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. AUTHORIZED SIGNATURE: Grantee Date DACS -01085 Rev. 11/07 Page 13 of 15 • ATTACHMENT H Florida Division of Forestry ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PRGRAM Interim Status Report Return to: Kelly Boutwell 3125 Conner Blvd, Suite R Tallahassee, FL 32399 -1650 Fax: 850- 921 -8305 Project Status as of: (Date) DOF Contract Number Grant Recipient Name Project Name Name/Phone No. of Project Manager Type of Entity (check one) Local Government ❑ Non -Profit Organization ❑ Educational Institution ❑ Date when the vendor to perform the project will be /has been selected: Date: Date when work on the project will/has commenced: Date: Date when the project is scheduled to be /has been completed: Date: Date when claims have been/will be submitted for reimbursement: Date: Assistance needed from a DOF forester: Technical Assistance on Project Site ❑ Technical Assistance on Urban Program ❑ Technical Assistance on Claim Process ❑ Certification of Completion /Acceptance ❑ Unforeseen problems or circumstances: Prepared By: (Print Name) (Signature) DACS -01085 Rev. 11/07 Page 14of15 ATTACHMENT I • V- Ft clIFit ;" k.9-7* Florida Department of Agricidture and Consumer tervides .• - Division of Forestry CHARLES .4.111ROUSON RECOVERY ACT QUESTIONNAIRE etit•Villeiataiest The. American Remaly and .Fteinuusirceid Act (Recovery Act) was sigried try Fvegkilect .1;tuarrra. an February 17, 2CK311. ft is an unprecedented effort to iiimpelart cur ocenerriy, creole •or score 'nausea of johs,end pain down pelicant ori adeire.Seing icingeoglooloa chaliengeS no our country aii thriiiit.iti Oho 2.1 7110 Recoitary Act prOvided a. we range of P011o henefie. incloding $250,000;000 to the Unlicid. States Forest Soiiiice nationally for it and prwte foosliy activities. These artivides incerde riaeardouti filets reductien. forest health, and eoesystem irnerovenient. Funding for me contract you rocerved Inivaugh the Division of Forestay came from the Raman, Acl tit an effort le thew fiscal accountability and eicasparatitcy; tIio Division Of Forestry' Sae been tasked with; certain reporting rittpittenterite. Tide clunationrialre .bis. completed end Submitied along 'Web your foal invelria. The: infOrrnation we gather .1.1411 be used to dhow hew these projects impeeted our local econorrilia. Thank you tor your Cooperation. 1:::;i1k)130 ;;" 1 .1. .iits erase* f *its c0Otract did you hire arty now. empiloyaeor I YES 13.NO • • gritOi 110 5Y 1 21.--• - - 1 How. manyitoure did ihey wcrk t_tilisostrict? I Hours Aso resuft of tfripnftwet wore you abhr to ireop any employees that would Awe °them** • been laid off? U VE$ NO a. pl tOrMA • - _ • itow.manyligurs did Mauro* on Ibis. contsg?.. ' „.. Hours 3.; ityou have any of the d'octirrtertretiorro. arose ;11 cotor* • a. Adeartiartentatilir other, Ohtughentetiork related to leut ,psailion that time, cleated. , The native and Malt data of An em , • L at hired . to fill a Created - s Mon. • c. E • : • e ihviesneets for an •• *Alone that were created or retained. • • Atiesdriptjen ot pjli , onbeinoatedorrotained. e, Loycilf nOlice.or 'other 014)mirnentoOlor, eiimititifing The position ir no Recovery Aci . funds „had beenrectived._ COMMENTS 7;1 ; . •;;: ; ; ; Do you have oriy additional comments you would obi COsiiiiA with us concerning Ilex Irian the ReenutoLkor? COMPLETED BY • •. • ; " ; : • • PFONTNAME SIGNATURE DATE . .„ . . ........ eekCS-1i052 toes DACS-01085 Rev. 11/07 Page 15 of 15 URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This Agreement, made and entered into this the day of , 20 , by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and the City of Winter Springs, hereinafter called the Contractor. WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Contractor for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 10A -130 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, herein and in Exhibit "1 ", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Contractor shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Moss Road, beginning at State Road 434 and ending at State Road 419. located in the Citv right-of-way. Specifically, the Contractor accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better. (2) Proper watering and proper fertilization of all trees /plants. (3) Keeping trees /plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and /or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and /or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; removing dead or disease parts of trees or (11) pruning such parts thereof which present a hazard; (8) Removing and replacing dead or diseased trees /plants in their entirety, or removing and replacing those that fall below original Project Standards. Page 1 of 4 (9) Following the Planting and Maintenance Guidelines as included herein. The Contractor agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the • original plans for the project. Furthermore, the Contractor shall keep litter removed from the project area. The above named functions to be performed by the Contractor shall be subject to periodic inspections by the Department. It is the intent of the parties that the Contractor shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1, then the Contractor shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of this agreement, 75 percent of the grant award; (2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award; (3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. D. This Agreement, together with the Urban and Community Forestry Grant Memorandum of 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. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER SERVICES Signature Signature Title Title Date Date Page 2 of 4 PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long -term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right -of -way or site improvements, size of planting space /site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non - biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding 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 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. Badcfll with soil from the planting site, if it is not contaminated. All large rocks should be removed. When the hole is half full, 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 backfili. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three 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 tree or palm trunk. 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 vandalism or strong winds. 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 hosing. Stakes and ties should remain on the trees no longer that one year to avoid girdling. Page 3 of 4 D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove 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 during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during 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 outward 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. Fertilizing 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. Page 4 of 4 • EXHIBIT BID NUMBER: RFPIDF- 09/10 -47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. ATTACHMENT D FLORIDA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROPOSAL FORM 2009 -2011 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 112" X 11 ", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8' 2' X t 1 h 1 ". Six (6) copies (one copy with original signatures and five copies) of the proposal packet includin g the proposal project description and alt attachments must be received no later than February 12, 2010, at: Department of Agriculture and Consumer Services Purchasing Office - Forest Health Improvement initiative - 2009 -11 PROPOSAL Mayo Building - Room SB-8 Tallahassee, FL 32399 -0800 Telephone (850) 617 -7181 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Moss Road Tree Reforestation improvement Project Proposer Name: City of Winter Springs Name and Title of Contact Person: Steven T. Richert, Urban Beautification Manager Address: 1126 E. SR 434, Winter Springs, FL Zip: 32708 Phone: (407) 327 - 5976 FEID Number 59 - 0126364 US Congressional District Number 24th is your organization a Nonprofjfcorporation pursuant to Chapter 617, Florida Statutes? Yes No IV/ If the applicant is a city or county government, does your urban forestry program have the following: Professional Staff, in -house or contracted, List qualifications such as ISA certification, forestry degree, etc. We have both in - house staff and contracted providers. ISA Certification, Pest Control Operator. Citizen Tree Advisory Board or Tree Advocacy Group, describe: Beautification of Winter Springs Advisory Board Management Plan Updated in 2003 Urban Tree Inventory or Management Plan, how current? City Code 2003 - 22 Ch. 5 - Tree Preservation Tree Ordinance Covering either public or private lands, describe: Ordinance. As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer. Kevin L, Smith Title: City Manager Signature: Date: January 20, 2010 27 BID*: RFP /DF- 09/10 -47 OPENING DATE: 2/12/10 ® 2pm Forest Health Improvement Initiative Grant Proposal ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION A. Describe the local community and current urban forestry program, and role of applicant in that program if a non - profit group: Winter Springs is a medium sized City located in Seminole County with 35,000 residents. Our Urban Forestry Program has a. small operations budget and staffing. Care of more than 2000 juvenile trees is handled part time by one field employee of the Urban Beautification Division and the Arborist. We have a tree board consisting of seven residents who are known as the Beautification of Winter Springs Advisory Board (BOWS). Winter Springs is a Tree City USA for 21 years and has been awarded the Growth Award for 11 years, including being one of 12 Sterling Communities in Florida for 2007. B. Previous U &CF Grants received by the applicant. When were they implemented and what did they accomplish? • Urban Forestry Worker (3 Yr /2005 -2008) - The City's first dedicated field worker was hired to specifically for newly installed tree planting along roadways and the Cross Seminole Trail in Winter Springs. • Arbor Day (2006) — Citizens attended the City's first training classes with content on tree selection and tree care. Sustainable Arbor Day trees were provided to over 1000 residents at no charge. • Tuskawilia Tree Restoration Grant (2006) — Storm damages to roadway trees in the Tuscawilla Subdivision were addressed along 2 miles of public roads with much needed corrective pruning and repair. • Urban Beautification Vehicle Grant (2005) — The City's first dedicated arbor vehicle with small watering equipment was purchased to care for new trees installed along public roadways. • Cross Seminole Trail Tree Restoration Grant (2007) - Trees were installed along the Cross Seminole Pedestrian Trail as replacements for over 700 canopy trees lost in the hurricanes of 2004/2005. C. Describe the goals and objectives of this project: The primary goal for this project is to develop sustainable plantings along North Moss Road in an economically challenged area of the City. Objectives include providing shade for public recreational opportunities near Torcasso Park and at the various municipal buildings adjacent to the project, and to provide a native tree planting demonstration site for the public on the western end of Winter Springs. D. Describe how this project will benefit the local community In the short and long - term: Tree canopy in this area has been blighted by the recent hurricanes of 2004/2005, diseases, and unfinished commercial development. An immediate benefit will be the beautification aspect, improving the image of the community with tree plantings and shade. Long term, additional tree canopy will stimulate the community by creating usable natural spaces, increased business, housing, and in the long run, raising the economic conditions of this area. F. Describe why these funds are needed to complete this project: Without funding under this program the City would be unable to provide tree canopy due to the lack of tax based revenues and funding for forestry projects in this area. BID #: RFP /DF- 09/10 -47 OPENING DATE: 2/12/10 @ 2pm Forest Health Improvement Initiative Grant Proposal G. For a tree planting: Describe what species are being planted and why. How will they be installed and maintained (be brief and concise, but complete): Sand Live Oak, S. Red Cedar, Sabal Palm, Sycamore, Yaupon Holly, Simpson Stopper, Winged Elm, Chickasaw Plum and Red Bud. All are compatible with the soil conditions found throughout the project area. They will be installed by a local contractor under the supervision of an ISA Certified Arborist and established by trained personnel using a mobile water truck. Since this Is a sustainable project, no automatic irrigation will be required. We have a 99% survivability rate on our projects over a 10 year period. H. What environmental or educational value will the community derive from this project? This project will be used as a demonstration area for the public for sustainable plantings and low cost drought tolerant tree projects. I. What steps have been taken to carry out this project in a cost effectiveness manner? Competitive pricing has been obtained from local contractors and nurseries for the purchased and installation of material. A weekly establishment and maintenance plan is in place using organic fertilizers and reclaimed water. Florida grade #1 material will be selected for the project. 3. How will this project increase citizen involvement and support for the Community's Urban Forestry program in the long term? What evidence of community support for this project can be produced? The project has already created massive support for the Forestry Program by raising awareness of the need for sustainable tree projects in the City. The local Boy Scouts will be involved in maintaining the trees while earning merit badges for their efforts. We have received multiple letters of support from the community and City Officials for this project (attached). K. How will this project be publicized in the local community? Information will be provided to all residents of Winter Springs through the City's quarterly newsletter, monthly water billing, Internet website, Arbor Day Celebration and through the regular City Commission Meetings. L. Tree City USA certification and growth award, last year current? Yes, Tree City USA, 21 Yrs, Growth Award, 11 Yrs. M. Will a Certified Arborist(s) or a graduate forester from an accredited four —year Bachelor of Science in Forestry program oversee this project? If not, who will provide oversight and what are their credentials? Yes, an • ISA Certified Arborist and a Certified Pest Control Operator will oversee the project. N. What new partnerships will the project create or encourage? The project will create several new partnerships . with the immediate community on Moss Road, which consists of five home owners groups, multiple businesses, and munlcipal employees stationed in the area. Each group will participate in the education, planning, installation, establishment and continuing care of project. Businesses in the area will benefit economically from the increased attention residential and visitor traffic. New service and retail jobs will be created from the demand created as a direct result of this project, as interest increases. BID NUMBER: RFP /DF- 09110 -47 OPENING DATE: FEBRUARY 12, 2010 © 2:00 P.M. ATTACHMENT E EXHIBI T B BUDGET Category: Category 1 • Reforestation Specific Description: Sustainable tree installation along Moss Road between SR 434 & SR 419. SUMMARY OF COSTS Requested Grant $ Contractual costs $3600.00 Equipment Use costs Supplies costs 4109e-54 01.00 Operating costs Tree costs S4re674m 13 5+%%. 00 Total Requested Grant (I) $ $ I8 5 A budget. detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Seminole Describe the Specific Location of the Project: The project will be located along Moss Road, beginning at State Road 434 and ending at State Road 419, located in the City Right of way. Who has responsibility for overseeing Protect implementation (name and title): Steven Richart, Urban Beautification Manager, and Michael Mingea, City Arborist. Who has maintenance responsibility for the Project after completion; The City of Winter Springs will be responsible for maintenance of the project during and after completion. Is the Land Ownership Public or Private ?: The land is owned by the public. Name of Landowner: City of Winter Springs Project Title: Moss Road Tree Reforestation Improvement Project Applicant Name: Steven T. Richart, Urban Beautification Manager Email Address: srichart a©winterspringsfl.org 29 EXHIBIT B ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Contractual ISA Certified 16 hrs $100 $1600 Arborist Site Preparation 10 hrs $80 $800 Watering of Trees 40 hrs $30 $1200 (Inc. Washing In) - -Water Truck & Tanks-- Equipment Use Cost Items Quantity Rate or Price Grant Cost Supplies Mini Pine Bark 22 yds $49:67 $11190754 Mulch yq .6 410 1.0 Trees Red Bud 30 gal. (8 - 10') 13 $65.00 $845.00 S. Red Cedar 30 ' 00 gal. (8.10') Z1 $113.95 $8395 Sand Live Oak 30 8 *28'15.6o gal. (8 .3-3 $143:95 43160 Yaupon Holly 15 8,00 $210.00 gal. (5 -6') 6 Yt b11" H'81Iy $22149 7 11 0 1 7 1 4 " 5 1 • Winged Elm 30 gal. (8 -10') 23 $65.00 $1495.00 Sycamore Saba! Palm (var.) $135.00 $4725.00 4' -8' Booted 35 W♦tio 51,00 Chickasaw Plum `165:42 198t 30 15gal. (5 -6') 15 q 53,(i, (322.00 Simpson Stopper $ ; 90 15gaI. (5 -6') 6 Total i (97_. 4 531.00 RESOLUTION NO. 2010-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ESTABLISHING THE CITY COMMISSION'S CONTINUING SUPPORT OF TILE IMPROVEMENT OF TILE CITY'S TREE CANOPY BY AUTHORIZING THE CITY TO PURSUE A FOREST HEALTH IMPROVEMENT INITIATIVE GRANT FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT RELATED TO THE GRANT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art: VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, trees are an important part of the City of Winter Springs; and WHEREAS, the City desires to apply for a Forest Health Improvement Initiative Grant which, if approved, will provide monies to improve the condition of the City's tree canopy; and WHEREAS, in the event the City receives the benefit of the grant, the City desires to enter into a Forest Health Improvement Initiative Grant Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services, Division of Forestry; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Support and Authorization. The City Commission of the City of Winter Springs desires to demonstrate its continuing support of the improvement of the City's tree canopy through the City's application for a Forest Health Improvement Initiative Grant. In furtherance of its support, and if the City receives the benefit of the grant monies, the City Commission hereby City of Winter Springs Resolution No. 2010 -03 Page 1 of 2 authorizes the City Manager to enter into a Forest Health Improvement Initiative Grant Memorandum of Agreement between the City of Winter Springs and the Florida Department of Agriculture and Consumer Services. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. • Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 11th day of January , 2010. AIDA . 72 7: JOHN F. BUSH, Mayor ATTEST: • 1 / • DREA LORENZO -LUA E / ity erk Approved as to legal form and sufficiency for the City of Winter Springs only: A THONY A. GARGANESE, City Attorney • City of Winter Springs Resolution No. 2010 -03 Page 2 of 2 " ' 4,. Florida Department of Agriculture and Consumer Services CHARLES H BRONSON, Commissioner }'• The Capitol • Tal'lahassee, FI32399 0800 www.cloacs.state,fi.us Please Respond to: Division of Forestry Forest Management Bureau 3125 Conner Boulevard, C -25 Tallahassee, Florida 32399-1650 April 23, 2010 Mr. Stephen Richart City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 RE: Application Number 10A -130 Dear Mr. Richert: Congratulations! It gives me great pleasure to inform you that the Department of Agriculture and Consumer Services, Division of Forestry (DOF), has selected the proposal you submitted for the 2009 -2011 Forest Health Improvement Initiative Grant Program to receive a grant award in the amount of $18,537.00. Under separate cover, you will receive three (3) copies of the Memorandum of Agreement (MOA) for your project. Please have each copy signed by the appropriate individual and return all three of them within 45 days of receipt to Program Accountant Kelly Boutwell, whose address is listed at the top of this page. Please make the necessary arrangements to schedule the approval of this MOA on your next city council meeting agenda if that is appropriate. Your local DOF County Forester or Grant Program Admiiiistrator will be in touch with you in the near future to discuss program implementation and reporting procedures. In the meantime, please do not expend any funds that you intend to claim as grant reimbursement until your MOA is executed by both parties. As you are undoubtedly aware, Florida's urban forests play a vital role in the health and well being of our citizens and communities. I am confident that the work you have proposed under this grant will do much to ensure the sustainability of Urban and Community Forestry in your area and I look forward to hearing of your success. Should you have any questions concerning this grant, please contact either Urban Forestry Coordinator Charlie Marcus, at 850/921 -0300, or Program Accountant Kelly Boutwell, at 850/922 -5832. Sincerely, CHARLES H. BRONSON y S1oNURE James R. Karels, Director Division of Forestry JRK/kb Florida Agriculture and Forest Products Over *100 Billion for Florida's Economy f t 1 , EXH 1 BIT URBAN AND COMMUNITY FORESTRY (U &CF) 1 GRANT MEMORANDUM OF AGREEMENT FDACS CONTRACT # 9` 011968 This Agreement, made and entered into this the day o , 20 by and between the DEPARTMENT OF AGRICULTURE AND CONS R SERVICES, State of Florida, hereinafter called the "Department" and the City of Winter Springs, hereinafter called the "Contractor." WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by awarding funds to the Contractor for the specific project set forth in grant application Number 10A -130, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.688; WHEREAS, the six digit Department of Management Services' class /group code commodity catalog control number is 991 -365. WHEREAS, the Department and the Contractor are of the opinion that the citizens of the state would benefit from the implementation of urban and community forestry projects that improve our communities through the proper care of trees and related plant materials; WHEREAS, the Contractor by Resolution No. 2010 -03, dated January 11, 2010, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; NOW, THEREFORE, the parties, for and in consideration of the mutual covenants and agreements contained herein agree as follows: A. Failure by the Contractor to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The contract is valid upon execution through July 31, 2011 . C. The Contractor has estimated the project cost to be $18,537 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Contractor the total sum of $18.537 of the final approved project costs. The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B ". Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. D. The Contractor agrees to maintain plant materials established as a part of the project for a period of three years and enter into an agreement which designates and sets forth the duties and responsibilities of the parties in maintaining the project. E. The project to be performed by the Contractor shall be subject to periodic inspections by the Department. The Contractor shall not change or deviate from the project without written approval by the Department. F. The Contractor agrees to submit to the Department an interim report (Attachment H) on project accomplishments quarterly (September 2010, December 31, 2010, DACS -01085 Rev. 11/07 Page 1 of 15 ' r March 31, 2011, June 30, 2011, etc.). Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement. G. Reimbursements can be made on a quarterly basis, if requested. No advance payments will be provided. Applicants must submit a completed reimbursement summary sheet (Attachment G) to the Department with sufficient attachments to verify the claims made. These may include invoices, receipts, canceled checks, payroll log sheets, etc. No more than 75 percent of the grant amount will be paid to the Contractor prior to the submission of a completed Certification of Acceptance endorsed by the Department. The final payment shall be made once the following documents are received: (1) Certification of Acceptance endorsed by a Division of Forestry official. (2) Final Reimbursement Summary Sheet with attached backup documentation. (3) Brief narrative summarizing project accomplishment. (4) News release to be submitted to a local publication crediting the U.S. Forest Service for providing funding. (5) Letter of appreciation to the local congressional representative. (6) Completed Recovery Act Questionnaire (Attachment I) For installed plant materials, a sixty (60) day grow -in- period will be required after project completion. Certification of Acceptance by the Department may be requested sixty (60) days after project completion. H. The Contractor must submit the final claim for reimbursement to the Department on or before September 1, 2011. The Contractor acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display the following statement: "This funding for this project was provided by the American Recovery and Reinvestment Act of 2009. USDA is working to implement provisions of the American Recovery and Reinvestment Act of 2009 (Recovery Act) to put Americans back to work and rejuvenate the nation's economy. The Recovery Act provided USDA with nearly $28 billion in funding, of that, $1.15 billion has been allocated to the Forest Service for project work in forest restoration, hazardous fuels reduction, construction and maintenance of facilities, trails, and roads, green energy projects and grants to states, tribes, and private landowners." Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care DACS -01085 Rev. 11/07 Page 2 of 15 services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850)488 -2020 or Purchasing Office at (850) 488 -7552. Invoices returned to a Contractor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Department. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Expenses associated with travel and per diem are not eligible. Purchases of $2,500 to $25,000 shall be carried out documenting two or more written quotations or written record of telephone quotations or informal bids to be opened upon receipt, whenever practical. Competitive sealed bidding is required for all purchases exceeding $25,000. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Entities (Subrecipients) who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services' Hotline, 1- 850 -410 -9724. This Agreement may be terminated under any one of the following conditions: A. The Department may terminate this contract at any time in the event of the default or failure of the Contractor to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for herein, the Department shall provide thirty (30) calendar days written notice of default and shall provide the Contractor the opportunity to cure such failure or default within said thirty (30)) day period. Upon the failure or inability to cure, the Department shall have all rights and remedies provided at law or in equity, including without limitation the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Contractor. 2. Disallow all or part of the cost of the services not in compliance. 3. Wholly or partly suspend or terminate this contract. B. The Department shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article 1 of the State Constitution and s. 119.07(1), Florida Statutes. C. By either party following sixty (60) calendar days written notice. In the event this Agreement is terminated before the Department has paid the Contractor the entire Grant Amount, then the Department agrees to pay the Contractor the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Contractor a percentage of the Grant amount equal to the percentage of the project's completion. DACS -01085 Rev. 11/07 Page 3 of 15 Extension of a contract for contractual services shall be in writing for a single period only, not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. Renewal costs may not be charged by the Contractor. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through K are not applicable to procurement contracts used to buy goods or services from vendors, but are only applicable to a Contractor subject to the Florida Single Audit Act. A. There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215.97, Florida Statutes (F.S.), which may be applicable to and binding upon Recipient. Nonstate entity means a local governmental entity, nonprofit organization, or for - profit organization that receives state resources. Recipient means a Nonstate entity that receives state financial assistance directly from a state awarding agency. B. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a state single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, F.S., applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit 2 to this agreement indicates state financial assistance awarded through this Department resource by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from this Department resource, other state agencies, and other Nonstate agencies. State financial assistance does not include Federal direct or pass- through DACS -01085 Rev. 11/07 Page 4 of 15 awards and resources received by a Nonstate entity for Federal program matching requirements. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and conducted by independent auditors in accordance with auditing standards as stated in Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for - profit organizations), Rules of the Auditor General. D. Regardless of the amount of the state financial assistance, the provisions of Section 215.97, F.S., do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. E. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. If the Nonstate entity does not meet the threshold requiring the state single audit, such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provision of Section 215.97, F.S., the cost of the audit must be paid from the Nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than state entities). F. Each state awarding agency shall: (1) Provide to a Recipient, information needed by the Recipient to comply with the requirements of Section 215.97, F.S. (2) Require the Recipient, as a condition of receiving state financial assistance, to allow the state awarding agency, the Chief Financial Officer, and the Auditor General access to the Recipient's records and the Recipient's independent auditor's working papers as necessary for complying with the requirements of Section 215.97, F.S. The Recipient is required to retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the department of Agriculture and Consumer Services or its designee, access to such records upon request. (3) Notify the Recipient that Section 215.97, F.S., does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General, the Auditor General, or any other state official. (4) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215.97, F.S. The financial reporting package means the non -state entities financial reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow -up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F.S. Copies of the financial reporting package DACS -01085 Rev. 11/07 Page 5 of 15 required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399 -0800 (b) The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399 -1450 G. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. I. The Recipient shall be required to ensure expenditures of state financial assistance be in compliance with laws, rules, and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures (DFS). J. The Recipient agrees that this agreement may be charged only with allowable costs resulting from obligations incurred during the term of this agreement. K. The Recipient agrees that any balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. The following provisions of A through H are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMB Circular A -133, as revised. A. In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit 2 to this agreement indicates Federal resources awarded through this Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from this Department. DACS -01085 Rev. 11/07 Page 6 of 15 The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMB Circular A -133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. C. If the Recipient expends Tess than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from the non - federal resources (i.e., the cost of such an audit must be paid from the Recipient resources obtained from other than Federal entities). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by this agreement shall be submitted when required by Section .320(d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399 -0800 (b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other federal agencies and pass- through entities in accordance with Sections .320(c) and (f), OMB Circular A -133, as revised. E. Pursuant to Section .320(0, OMB Circular A -133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letter issued by the Auditor, to the Department of Agriculture and Consumer Services at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399 -0800 DACS -01085 Rev. 11/07 Page 7 of 15 F. Any reports, management letters, or other information required to be submitted to the Department of Agriculture and Consumer Services pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, as revised. G. Recipients, when submitting financial reporting packages to the Department of Agriculture and Consumer Services for audits done in accordance with OMB Circular A -133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Agriculture and Consumer Services, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301 -4946, telephone number (850) 487 -1471 and fax number (850) 942 -7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28 Street, North, 3 Floor, St. Petersburg, Florida 33716, telephone number (727) 572 -1987. The Contractor is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Contractor is informed that pursuant to Executive Order 96 -236, effective October 1, 1996, the Department shall consider the employment by the Contractor of unauthorized aliens a violation of section 274(a) of the Immigration and Naturalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. DACS -01085 Rev. 11/07 Page 8 of 15 The Contractor is informed that an entity or affiliate who has been placed in the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In accordance with Federal law and U.S. Department of Agriculture (USDA) policy, this Contractor is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability and shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101- 6107). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC, 20250 -9410, or call (202)720 -5964 (voice and TDD). USDA is an equal opportunity provider and employer. In accordance with Florida Statute 768.28, the Contractor Covenants and agrees that it shall indemnify and hold harmless the Department and all of the Department's officers, agents and employees from any claim, action, neglect or omission by the Contractor during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Department or said parties may be subject, except that neither the Contractor nor any of its sub - contractors shall be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents or employees. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling. All contracts entered into by the Department of Agriculture and Consumer Services or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. As applicable under Florida Statute 768.28, each party will be liable under this paragraph for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of such party or any of its officers, agents or employees. All notices, demands, requests or other instruments to the Department shall be addressed to: Mr. Charlie Marcus Forest Management Bureau 3125 Conner Boulevard, 2 Floor Tallahassee, Florida 32399 -1650 DACS -01085 Rev. 11/07 Page 9 of 15 All notices, demands, requests or other instruments to the Contractor shall be addressed to: Mr. Steven Richart City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER SER ICES Sign ture Signa • re Kevi • 3mth 4 0>f e r City Manager Title Title ti PP , Le— 9 ;10I o May 25, 2010 Date DACS -01085 Rev. 11/07 Page 10 of 15 EXHIBIT - 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) U.S. Department of Agriculture /U.S. Forest Service, CFDA #10.688 - Forest Health Improvement Initiative - $ 18,537.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show the total State resources awarded for matching. Federal Program (list Federal agency. Catalog of Federal Domestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project. provide the same information shown below for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97. Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) - $ (amount) DFS -A2 -CL July 2005 Rule 691- 5.006, FAC DACS -01085 Rev. 11/07 Page 11 of 15 • COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC" for Federal programs, the requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non - Federal resources, there maybe more than one grouping (Le., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. DFS -A2 -CL July 2005 Rule 691- 5.006, FAC DACS -01085 Rev. 11/07 Page 12 of 15 ATTACHMENT G Page REIMBURSEMENT SUMMARY SHEET ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROGRAM Name of Grantee: Contract No.: Item # Descriptions of Items or Services Purchased Grant Amount (Attach copies of canceled checks, receipts and invoices) Total Remit payment to: Note: Two or more written quotes, or a written record of telephone quotes, must be obtained (and documented) for all individual purchases /expenditures over $2,500 and less than $25,000. Should verbal quotes be received, name and address of company and dollar amount quoted shall be documented in writing. Sealed bids are required for all purchases over $25,000. AUTHORIZED SIGNATURE: Grantee Date DACS -01085 Rev. 11/07 Page 13 of 15 • ATTACHMENT H Florida Division of Forestry ARRA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PRGRAM Interim Status Report Return to: Kelly Boutwell 3125 Conner Blvd, Suite R Tallahassee, FL 32399 -1650 Fax: 850 - 921 -8305 Project Status as of: (Date) DOF Contract Number Grant Recipient Name Project Name Name /Phone No. of Project Manager Type of Entity (check one) Local Government ❑ Non- Profit Organization ❑ Educational Institution ❑ Date when the vendor to perform the project will be /has been selected: Date: Date when work on the project will /has commenced: Date: Date when the project is scheduled to be /has been completed: Date: Date when claims have been/will be submitted for reimbursement: Date: Assistance needed from a DOF forester: Technical Assistance on Project Site ❑ Technical Assistance on Urban Program ❑ Technical Assistance on Claim Process ❑ Certification of Completion /Acceptance ❑ Unforeseen problems or circumstances: Prepared By: (Print Name) (Signature) DACS -01085 Rev. 11/07 Page 14 of 15 • ATTACHMENT 1 t Fi ORI {IA ' • Florida Department of Agricolkse and Conmsner Services '� k ^ " Division of Forestry .i CHARLES It rrLONSON RECOVERY ACT QUESTION ZAIRE COININISSICRIER The American Recovery and Reinvestment And (Recovery Add) was signed by President Obasna on February 17. 2000. h is an unprecedented effort to jumpstart our ecorrorny, create or save rndions of jobs, and put a down payment on arckiressirg long- negiec ed dialenges so our country can throve in the 21" Century. The Recovery Act provided a wide range at pubic benefits inducing 5250.000,000 to the United States Forest Service nrstionailty for stale and private forestry ate. These activities include hazard fuels reduction. forest health, and ecosystem improvement:. Funding tor the contract you received through the Division of Foray came rrvm 0m Recovery Act in an effort to show fist accountabny and transparency. the Division of Faresby has been tasked ugh certain reporing rerieriements- Ibis questionnaire saw be completed and submitted along with your final invoice. The inforrratian we gather wit be used to show how these projects invaded our Iocai economies. Therik yalU for your cooperation. JOBS CREATED Haw nranyr hours dud you and your employees work ate _......... Hours 2. As a Insult ands contract Add you hie airy new eadpr oyees? ❑ YES ❑ 140 I 3 • ff yes, hoer rw ,r? b. How many hours del they work on this mot? ... ........__...._. .............__ _. Boers As a retail of Skis contract wen you able /o imeep any employees that wvtdd have of rerwise been laid off'_? ❑ YES 140 a` if yes. how nrarewr? € Emoloyees b. How marry hours did ': they work on this contract? i.... i Hours 4. g'you have any afire folta.rirh ddoarmetrfaliiaw, please attach a copy. a or other documentarian related to nay posilion that was cue d. la.. The tame and stet date of awyr eneployfee hired to 1111 a creaked position. c. Employee timedheets far am paw that were created or ratable& d. A des ion of a v position Wino seated or retained. e. Layoff notice ar other documergabon erewiaing the position, W no Recovery Act herds had been received. CON Ei 3S Do you have any adcklionall aowrnrents you wordd litre to stare with us concerning the furefing from the Recovery Acct? COMPLETED BY PRINT NAME SIGNATURE DATE 111= -11052 Rev. 05110 DACS -01085 Rev. 11/07 Page 15 of 15 URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREE T This Agreement, made and entered into this the / day of _, 20 6 , by and between the DEPARTMENT OF AGRICULTURE AND CONS ER SERVICES, State of Florida, hereinafter called the Department and the City of Winter Springs, hereinafter called the Contractor. WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Contractor for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 10A -130 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, herein and in Exhibit "1 ", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Contractor shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Moss Road, beginning at State Road 434 and ending at State Road 419, located in the City right -of -way. Specifically, the Contractor accepts the below listed responsibilities and duties: (1) All planting stock or replacement must be Florida Grade #1 or better. (2) Proper watering and proper fertilization of all trees /plants. (3) Keeping trees /plants as free as practicable from disease and harmful insects; (4) Proper mulching of trees and /or planting beds; (5) Keeping the premises free of weeds; (6) Mowing and /or cutting grasses to the proper length; (7) Proper pruning of all trees which includes; removing dead or disease parts of trees or (ii) pruning such parts thereof which present a hazard; (8) Removing and replacing dead or diseased trees /plants in their entirety, or removing and replacing those that fall below original Project Standards. Page 1 of 4 (9) Following the Planting and Maintenance Guidelines as included herein. The Contractor agrees to repair, or remove and replace at its own expense all or part of the project that falls below Project Standards. In the event any part or parts of the project, including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthermore, the Contractor shall keep litter removed from the project area. The above named functions to be performed by the Contractor shall be subject to periodic inspections by the Department. It is the intent of the parties that the Contractor shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1, then the Contractor shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of this agreement, 75 percent of the grant award; (2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award; (3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. D. This Agreement, together with the Urban and Community Forestry Grant Memorandum of 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. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR CONSUMER S RVICES Signature ' Sign ure Kevi /Smith i 1 City Manager Title Title 7 2 1 1"4. /o May 25, 2010 D Date Page 2 of 4 PLANTING AND MAINTENANCE GUIDELINES A. Planting Site factors which influence long -term survivability should be considered: overhead and underground utilities, sidewalks, sign conflicts, traffic visibility, light poles, right -of -way or site improvements, size of planting space /site, etc. All planting stock or replacement stock must be Florida Grade #1 or better. All synthetic or non - biodegradable material such as nylon rope, synthetic wrap, treated burlap, etc. must be removed from the root ball before planting. All biodegradable material should be removed from the upper 1/3 of the root ball. Precautions should be taken to eliminate any material from extending above the soil surface where it can act as a wick and dry the surrounding 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 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 it is not contaminated. All large rocks should be removed. When the hole is half full, 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. Rake the soil evenly around the entire planting area. Water thoroughly to remove air pockets, secure the soil around the roots, and provide nourishment. B. Mulching Mulch an area at least three 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 tree or palm trunk. 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 vandalism or strong winds. 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 hosing. Stakes and ties should remain on the trees no longer that one year to avoid girdling. Page 3 of 4 D. Pruning At the time of planting, only dead, damaged, rubbing or cross braches or fronds should be removed. Remove 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 during one growing season. E. Watering Establish a regular watering schedule and follow it. Slow deep watering is recommended. Additional water may be needed during 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 outward 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. Fertilizing 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. Page 4 of 4 EXHIBIT A BID NUMBER: RFP /DF- 09/10 -47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. ATTACHMENT D FLORIDA FOREST HEALTH IMPROVEMENT INITIATIVE GRANT PROPOSAL FORM 2009 -2011 GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11 ", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 81 /2" X 11". Six (6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than February 12, 2010, at: Department of Agriculture and Consumer Services Purchasing Office - Forest Health Improvement Initiative - 2009 -11 PROPOSAL Mayo Building - Room SB -8 Tallahassee, FL 32399 -0800 Telephone (850) 617 -7181 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Moss Road Tree Reforestation Improvement Project Proposer Name: City of Winter Springs Name and Title of Contact Person: Steven T. Richart, Urban Beautification Manager Address: 1126 E. SR 434, Winter Springs, FL Zip: 32708 Phone: (407) 327 -5976 FEID Number 59- 0126364 US Congressional District Number 24th Is your organization a Nonprofjt.corporation pursuant to Chapter 617, Florida Statutes? Yes No If the applicant is a city or county government, does your urban forestry program have the following: Professional Staff, in -house or contracted, List qualifications such as ISA certification, forestry degree, etc. We have both in -house staff and contracted providers. ISA Certification, Pest Control Operator. Citizen Tree Advisory Board or Tree Advocacy Group, describe: Beautification of Winter Springs Advisory Board Management Plan Updated in 2003 Urban Tree Inventory or Management Plan, how current? City Code 2003 -22 Ch. 5 - Tree Preservation Tree Ordinance Covering either public or private lands, describe: Ordinance. As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. Authorized Executive Officer. Kevin L. Smith Title: City Manager Signature: Date: January 20, 2010 _ 27 BID #: RFP /DF- 09/10 -47 OPENING DATE: 2/12/10 2pm Forest Health Improvement Initiative Grant Proposal ATTACHMENT D (CONTINUED) PROJECT DESCRIPTION A. Describe the local community and current urban forestry program, and role of applicant in that program if a non - profit group: Winter Springs is a medium sized City located in Seminole County with 35,000 residents. Our Urban Forestry Program has a small operations budget and staffing. Care of more than 2000 juvenile trees is handled part time by one field employee of the Urban Beautification Division and the Arborist. We have a tree board consisting of seven residents who are known as the Beautification of Winter Springs Advisory Board (BOWS). Winter Springs is a Tree City USA for 21 years and has been awarded the Growth Award for 11 years, including being one of 12 Sterling Communities in Honda for 2007. B. Previous U &CF Grants received by the applicant. When were they implemented and what did they accomplish? • Urban Forestry Worker (3 Yr /2005 -2008) — The City's first dedicated field worker was hired to specifically for newly installed tree planting along roadways and the Cross Seminole Trail in Winter Springs. • Arbor Day (2006) — Citizens attended the City's first training classes with content on tree selection and tree care. Sustainable Arbor Day trees were provided to over 1000 residents at no charge. • Tuskawilla Tree Restoration Grant (2006) — Storm damages to roadway trees in the Tuscawilla Subdivision were addressed along 2 miles of public roads with much needed corrective pruning and repair. • Urban Beautification Vehicle Grant (2005) — The City's first dedicated arbor vehicle with small watering equipment was purchased to care for new trees installed along public roadways. • Cross Seminole Trail Tree Restoration Grant (2007) —Trees were installed along the Cross Seminole Pedestrian Trail as replacements for over 700 canopy trees lost in the hurricanes of 2004/2005. C. Describe the goals and objectives of this project: The primary goal for this project is to develop sustainable plantings along North Moss Road in an economically challenged area of the City. Objectives include providing shade for public recreational opportunities near Torcasso Park and at the various municipal buildings adjacent to the project, and to provide a native tree planting demonstration site for the public on the western end of Winter Springs. D. Describe how this project will benefit the local community in the short and long -term: Tree canopy in this area has been blighted by the recent hurricanes of 2004/2005, diseases, and unfinished commercial development. An immediate benefit will be the beautification aspect, improving the image of the community with tree plantings and shade. Long term, additional tree canopy will stimulate the community by creating usable natural spaces, increased business, housing, and in the long run, raising the economic conditions of this area. F. Describe why these funds are needed to complete this project: Without funding under this program the City would be unable to provide tree canopy due to the lack of tax based revenues and funding for forestry projects in this area. • ' 131D #: RFP /DF- 09/10 -47 OPENING DATE: 2/12/10 @ 2pm Forest Health Improvement Initiative Grant Proposal G. For a tree planting: Describe what species are being planted and why. How will they be installed and maintained (be brief and concise, but complete): Sand Live Oak, S. Red Cedar, Sabal Palm, Sycamore, Yaupon Holly, Simpson Stopper, Winged Elm, Chickasaw Plum and Red Bud. All are compatible with the soil conditions found throughout the project area. They will be installed by a local contractor under the supervision of an ISA Certified Arborist and established by trained personnel using a mobile water truck. Since this is a sustainable project, no automatic irrigation will be required. We have a 99% survivability rate on our projects over a 10 year period. H. What environmental or educational value will the community derive from this project? This project will be used as a demonstration area for the public for sustainable plantings and low cost drought tolerant tree projects. I. What steps have been taken to carry out this project in a cost effectiveness manner? Competitive pricing has been obtained from local contractors and nurseries for the purchased and installation of material. A weekly establishment and maintenance plan is in place using organic fertilizers and reclaimed water. Florida grade #1 material will be selected for the project. 3. How will this project increase citizen involvement and support for the Community's Urban Forestry program in the long term? What evidence of community support for this project can be produced? The project has already created massive support for the Forestry Program by raising awareness of the need for sustainable tree projects in the City. The local Boy Scouts will be involved in maintaining the trees while earning merit badges for their efforts. We have received multiple letters of support from the community and City Officials for this project (attached). K. How will this project be publicized in the local community? Information will be provided to all residents of Winter Springs through the City's quarterly newsletter, monthly water billing, internet website, Arbor Day Celebration and through the regular City Commission Meetings. L. Tree City USA certification and growth award, last year current? Yes, Tree City USA, 21 Yrs, Growth Award, 11 Yrs. M. Will a Certified Arborist(s) or a graduate forester from an accredited four —year Bachelor of Science in Forestry program oversee this project? If not, who will provide oversight and what are their credentials? Yes, an ISA Certified Arborist and a Certified Pest Control Operator will oversee the project. N. What new partnerships will the project create or encourage? The project will create several new partnerships with the immediate community on Moss Road, which consists of five home owners groups, multiple businesses, and municipal employees stationed in the area. Each group will participate in the education, planning, installation, establishment and continuing care of the project. Businesses in the area will benefit economically from the increased attention from additional residential and visitor traffic. New service and retail jobs will be created from the demand created as a direct result of this project, as interest increases. BID NUMBER: RFP /DF- 09/10 -47 OPENING DATE: FEBRUARY 12, 2010 @ 2:00 P.M. ATTACHMENT E EXHIBIT B BUDGET Cate o Category 1 - Reforestation 9 ry: Specific Description: Sustainable tree installation along Moss Road between SR 434 & SR 419. SUMMARY OF COSTS Requested Grant $ Contractual costs $3600.00 Equipment Use costs Supplies costs 41496754 -*IN 1.00 Operating costs Tree costs 6t a29 13 i S I1,. 00 Total Requested Grant (I) $ $21 18_ 531.00 A budget. detailing all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Seminole Describe the Specific Location of the Project: The project will be located along Moss Road, beginning at State Road 434 and ending at State Road 419, located in the City Right of way. Who has responsibility for overseeing Project implementation (name and title): Steven Richart, Urban Beautification Manager, and Michael Mingea, City Arborist, Who has maintenance responsibility for the Project after completion: The City of Winter Springs will be responsible for maintenance of the project during and after completion. Is the Land Ownership Public or Private ?: The and is owned by the public. Name of Landowner: City of Winter Springs Project Title: Moss Road Tree Reforestation Improvement Project Applicant Name: Steven T. Richart, Urban Beautification Manager Email Address: srichart @winterspringsfl.org 29 EXHIBIT B ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Contractual ISA Certified • 16 hrs $100 $1600 Arbor1st Site Preparation 10 hrs $80 $800 Watering of Trees 40 hrs $30 $1200 (Inc. Washing In) - -Water Truck & Tanks- - Equipment Use Cost Items Quantity Rate or Price Grant Cost Supplies Mini Pine Bark 22 yds $44757 $t09C84 Mulch Lig +10 .0° Trees Red Bud 30 gal. 13 $65.00 $845.00 (8 -10') S. Red Cedar 30?.3�i3.o0 gal. (8 -10') 21 $113.95 $239295 Sand Live Oak 30 .33 $ 31.9 0 gal. (8 -10') Yaupon Holly 15 $38,00 $210.00 gal. (5 -6') 6 Ya holly d:1 30 $29 40 $674.70...-- - Winged Elm 23 $65.00 $1495.00 30 gal. (8 -10') Sycamore _ $11 30 (R4o Sabal Palm (var.) $135.00 $4725.00 4' -8' Booted 35 *4151.c0 Chickasaw Plum - $981 15ga1. (5 -6') 15 'Ir 5344 * 322. o0 Simpson Stopper 6 133765 $331 -90 15gal. (5 -6') Total .8- -- il4L 4 ie, X537.00 : t RESOLUTION NO. 2010-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ESTABLISHING THE CITY COMMISSION'S CONTINUING SUPPORT OF THE IMPROVEMENT OF THE CITY'S TREE CANOPY BY AUTHORIZING THE CITY TO PURSUE A FOREST HEALTH IMPROVEMENT INITIATIVE GRANT FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT RELATED TO THE GRANT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art.- VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, trees are an important part of the City of Winter Springs; and WHEREAS, the City desires to apply for a Forest Health Improvement Initiative Grant which, if approved, will provide monies to improve the condition of the City's tree canopy; and 'WHEREAS, in the event the City receives the benefit of the grant, the City desires to enter into a Forest Health Improvement Initiative Grant Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services, Division of Forestry; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Support and Authorization. The City Commission of the City of Winter Springs desires to demonstrate its continuing support of the improvement of the City's tree canopy through the City's application for a Forest Health Improvement Initiative Grant. In furtherance of its support, and if the City receives the benefit of the grant monies, the City Commission hereby City of Winter Springs Resolution No. 2010 -03 Page 1 of 2 . ; I authorizes the City Manager to enter into a Forest Health Improvement Initiative Grant Memorandum of Agreement between the City of Winter Springs and the Florida Department of Agriculture and Consumer Services. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 11th day of January , 2010. A i ,44 (La JOHN F. BUSH, Mayor ATTEST: n li f DREA LORENZO -LUACE /City lerk Approved as to legal form and sufficiency for the City of Winter Springs only: ji , v ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2010 -03 Page 2 of 2 . Gayle A. Coutant RECEIVED From: Steven Richart JUN 1 2010 Sent: Monday, June 14, 2010 11:37 AM To: Gayle A. Coutant ,, w,N, 1 SG'PIN"S Subject: Agreement OFFICE OF THE CiTV Ci F«K Resolution 2010 -03. C -200 May 24, 2010. Thanks, Steven T. Richart Urban Beautification Manager Community Development Department City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 (407) 327 -5976 Office (321) 689 -1417 CeII srichartPwintersprinesfl.ore www.winterspringsfl.org 1