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HomeMy WebLinkAboutFlorida Department of Agriculture and Consumer Services Urban and Community Forestry Grant Maintenance Memorandum of AgreementURBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 20 , by and between the STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the Department and the City of Winter S rin s, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by granting funds to the Entity (Subrecipient) for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 05H-189 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Department has awarded the Entity (Subrecipient) an urban and community forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the Entity (Subrecipient) agreed in the Grant Agreement to maintain the project (as described in the Grant Application); WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilities of each party in maintaining the project; and WHEREAS, the Entity (Subrecipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "1", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Entity (Subrecipient) 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: Central Winds Park. Specifically, the Entity (Subrecipient) 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; (i) 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. (9) Following the Planting and Maintenance Guidelines as included herein as Exhibit C. The Entity (Subrecipient) 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 Entity (Subrecipient) shall keep litter removed from the project area. The above named functions to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. It is the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the Entity (Subrecipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. This Agreement may be terminated under any one of the following conditions: (1) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement or for refusal by the Entity (Subrecipient) to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Entity (Subrecipient) in conjunction with this Agreement following reasonable written notice. (2) By either party following sixty (60) calendar days written notice. (3) By both parties following the complete execution by both parties of an agreement to terminate this agreement. C. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. D. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the Entity (Subrecipient) shall refund to the Department apro-rated portion of the grant award based upon the following schedule: (1) If this agreement is terminated within one year of the date in Paragraph 3, 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. E. As applicable under Florida Statute 768.28, the Entity (Subrecipient) 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 Entity (Subrecipient) 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 Entity (Subrecipient) 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. F. 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. G. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. 2 H. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. I. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: If to the Department, addressed to Urban Forestry Program Coordinator, Forest Management Bureau, 3125 Conner Boulevard, Suite R, Tallahassee, Florida 32399-1650 or at such other address the Department may from time to time designate by written notice to the Entity (Subrecipient); and. If to the Entity (Subrecipient) addressed to: Mr. Chuck Pula City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. Alt time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. is: J. Time is of the essence of this agreement. It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it 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 G 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, orfor-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 Executive Office of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, 3 except that state financial assistance .received by a Nonstate. entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in 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 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. 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 statements, Schedule of State Financial Assistance, auditor's reports, management letter, auditee's written responses or corrective action plan, correspondence on the follow-up of prior years corrective actions taken, and such other information determined by the Auditor General to be necessary and consistent with the purposes of Section 215.97, F. S. Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: (a) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee, FL 32399-0800 (b) .The Auditor Generals Office at the following address: 4 State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 -Revised June 27, 2003 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipients) books for compliance with the above applicable circulars. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SE ICES BY: Director, Division of Administration CITY OF WINTER SPRINGS Name of Entity (Subrecipient) BY: /f~c,P,~G+J i~~ Title: C~-~'.~ 5 ~(H~g~T ~, URBAN AND COMMUNITY FORESTRY (U&CF), ~ ,,~ r ,~ ~ LJ\ ,,~~a C~;rjTf~,,CT GRANT MEMORANDUM OF AGREEMENT J13355 This agreement, made and entered into this the day of , 20 by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, an agency of the State of Florida, hereinafter called the "Department" and the Ci of Winter Springs, hereinafter called the Entity (Subrecipient). WITNESSETH WHEREAS, the Department desires to increase the application of the principles of urban and community forestry by granting funds to the Entity (Subrecipient) for the purpose as outlined in grant application Number 05H-189, included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Catalog of Federal Domestic Assistance (CFDA) number is 10.664; WHEREAS, the Department and the Entity (Subrecipient) 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 Department has awarded the Entity (Subrecipient) an urban forestry grant for the specific project set forth in the U&CF Grant Application Number 05H-189, hereinafter the "project' ; WHEREAS, the Entity (Subrecipient) by Resolution No. 2005-22, dated June 13, 2005, has indicated its support of the grant application and authorized its officers to execute this Agreement on its behalf; WHEREAS, the parties hereto mutually recognize the benefits of such a project as described in the U&CF Grant application and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: A. Failure by the Entity (Subrecipient) to sign and return this agreement, within 60 days upon receipt of the agreement, shall constitute forfeiture of the award. B. The effective date of this agreement is 20 C. The Entity (Subrecipient) shall complete the project by September 30, 2007 as set forth in the Urban and Community Forestry Grant Application Number 05H-189 approved by the Department on September 2, 2005, during which time the grant shall continue in effect. Criteria for the project is set forth therein. The final date by which such criteria must be met for completion of this agreement is September 30, 2007. The project to be performed by the Entity (Subrecipient) shall be subject to periodic inspections by the Department. The Entity (Subrecipient) shall not change or deviate from the project without written approval by the Department. D. The Entity (Subrecipient) has estimated the project cost to be $100,202 as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Entity (Subrecipient) the total sum of $75,152 or seventy five percent =as (75%) of the final approved project costs, whichever is less (the "Grant Amount"). The Grant Amount is limited to only those items which are directly related to this project as described in Exhibits "A" and "B". Project costs incurred as of October 13, 2004, are eligible for reimbursement. Project costs for which the applicant has already received reimbursement from any other source are not eligible for funding under this grant. FEMA or other federal funds can not be used to match funding received under this grant. To assist the Entity (Subrecipient) with the initial three (3) months of implementation, the Department may make an advance of no more than 25 percent of the grant award. The Entity (Subrecipient) must request the advance payment in writing using forms provided by the Department. Funds provided as an advance payment must be placed in a non- interest bearing account. Only one advance payment will be made; thereafter, disbursements will be made on a reimbursement basis. No more than 75 percent of the Grant Amount will be paid to the Entity (Subrecipient) prior to Certification of Acceptance by the Department. The final payment shall not be made until Certification of Acceptance is received from the Department. For 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. Upon receipt of the Certification of Acceptance, the Entity (Subrecipient) may submit an invoice for final payment. The Entity (Subrecipient) must submit the final claim for reimbursement to the Department on or before November 15, 2007. (1) 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. (2) 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, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (3) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include all records of the costs of the Entity (Subrecipient) and subcontractors considered necessary by the Department for a proper audit of the project. (4) 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 contract to provide any 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract 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 2 Statutes, for CATEGORY TWO, for a period of 36 months from the date of being placed on the convicted vendor list. (5) The CONTRACTOR is informed that an entity or affiliate who has been placed on 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 a 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. E. The Entity (Subrecipient) 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. F. The Entity (Subrecipient) agrees to submit to the Department an interim report on project accomplishments quarterly (December 31, 2005, March 31, 2006, June 30, 2006 and September 30, 2006) and a final report summarizing .project accomplishments as a prerequisite to final acceptance by the Department. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of this agreement according to the provisions of Section 7(b). The Entity (Subrecipient) upon project completion shall submit a news release to local newspaper media highlighting the successes of the project. G. This Agreement may be terminated under any one of the following conditions: (1) The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Entity (Subrecipient) 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. (2) By the Department, if the Entity (Subrecipient) fails to perform its duties under this Agreement, following thirty (30) calendar days written notice by the Department. (3) By either party following sixty (60) calendar days written notice. (4) By both parties following the complete execution by both parties of an agreement to terminate this Agreement. (5) Notice to Entity (Subrecipient): The Department shall consider the employment by any Entity (Subrecipient) of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. H. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b), in the event this Agreement is terminated before the Department has paid the Entity (Subrecipient) the entire Grant Amount, then the Department agrees to pay the Entity (Subrecipient) the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Entity 3 (Subrecipient) a percentage of the Grant amount equal to the percentage of the project's completion. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. J. 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. K. The Entity (Subrecipient) certifies that neither it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for participation in this grant program by any Federal department or agency. L. This Agreement, together with any Maintenance Agreement, if executed, 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. M. This Agreement may not be assigned or transferred by the Entity (Subrecipient), in whole or in part without the expressed written consent of the Department. N. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. O. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (1) If to the Department, address to Program Coordinator, 3125 Conner Boulevard, Suite R-8, Forest Management Bureau, Tallahassee, Florida 32399-1650 or at such other address the Department may from time to time designate by written notice to the Entity (Subrecipient); (2) If to the Entity (Subrecipient) addressed to: Mr. Chuck Pula City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 or at such other address as the Entity (Subrecipient) from time to time designates by written notice to the Department. All time limits provided hereunder shall run 4 from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. P. Time is of the essence of this agreement. 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 G 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, orfor-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 Executive Ofi'ICe of the Governor, rules of the Chief Financial Officer, and Chapter 10.600, rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state funds received from this Department resource, except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration. C. Audits conducted pursuant to Section 215.97, F.S., shall be: (1) performed annually, and (2) conducted by an independent auditor in accordance with auditing standards as stated in 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 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. F. Each state awarding agency shall: 5 ,~.;~. (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 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 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 G. The Recipient is hereby notified of and bound by the requirements of F., above. If this agreement contains federal funding in excess of $100,000, the Entity (Subrecipient) must, prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities, Standard Form LLL, is required, it may be obtained from the Department. All disclosure forms as required by the Certification are attached. The Lobbying form must be completed and returned to the Department. The undersigned Entity (Subrecipient) receiving federal financial assistance under this agreement hereby acknowledges and agrees that it will comply with the applicable provisions of the latest version of Office and Management Budget Circular No. A-133 -Revised June 27, 2003 (Audits of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above 6 which would relate to the undersigned Entity (Subrecipient) are available for review at the following address: Department of Agriculture and Consumer Services Division of Administration, Contract Administrator Room 509, Mayo Building Tallahassee, FL 32399-0800 If the undersigned Entity (Subrecipient) expends $500,000 or more in federal financial assistance in a fiscal year, either directly from federal agencies or indirectly through other units of state or local governments or a combination thereof, the Entity (Subrecipient) shall have an audit made in accordance with the Office of Management and Budget Circular No. A-133 (Audits of State, Local Governments, and Non-profit Organizations). The $500,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Entity (Subrecipient) receiving funds under this agreement hereby agrees that it will allow the Department of Agriculture and Consumer Services and any federal agency to audit the Entity's (Subrecipient's) books for compliance with the above applicable circulars. The Entity (Subrecipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordings, films and photographs produced as part of this project shall not be restricted under the copyright laws of the United States of America. All products (brochures, signs, videos, etc.) funded by the Urban and Community Forestry Grant must display a statement that the material has been prepared using Urban and Community Forestry grant funds received through the Division of Forestry. Entities (Subrecipients) providing goods and services to the Department should be aware of the following time frames. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice was 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 which have to be returned to an Entity (Subrecipient) because of Entity (Subrecipient) preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the department. A Vendor Ombudsman has been established within the Department of 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) 413-7269 or by calling the Department of Financial Services' Hotline, 1-850-410-9724. The Entity (Subrecipient) 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 pertorm 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. 7 :a;- The Entity (Subrecipient) is informed that the Department shall consider the employment by an Entity (Subrecipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. The contractor is informed that an entity or affiliate who has been placed in the discriminatory 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 WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTU AND CONSUMER SERVICE BY: Director Division of Administration CITY OF WINTER SPRINGS Name of Entity (Subrecipient) TITLE: C~ ~~'~~'~ 8 EXHIBIT C 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 death 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. 6 ... 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. 7 Blp. NUMBER: RFP/DF-04105-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ATTAC~IMENT C CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations aced below to detemrne the certification to whidi they are required to attest. Applicants should also review the ~strudions for oertificalion included in the regulations before completing this form. Signature d this form provides far axnpliance with oertificalion requirements under 34 CFR Part 82,'New Restrictions on Lobbying; and 34 CFR Par185, `Government-wide Debamrent and. Suspension (Nonptocurement) and Govemmerri-wide Requirements for Drug-Free Worldlace {Grants) ' The certifications shag be Ueated as a material represer-tation dfad upon which reliance wiN be placed when the Department d Education determines to award the covered transaction, grant, or cooperative agreement. 1. L088YING As required by Section 1352, Title 31 d the U.S. Code, and implemented al 34 CFR Part 82, for persons entering into a grant or cooperative agreement over S 100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.11.0, the applicant certifies that: (a) No Federal appropriated funds have. been paid or will be paid, by or on behatt d the undersigned. to any person for inttuenang or attempting to influence an otficeror employee d arty agency, a Member d Congress, an officer or err>f~loyee d Congress, or ~ empbyee d a Member d Congress in oonnedion with the. malting d any Federal grant, .the entering into d any cooperative agreement and the extension, axriinu- ation, renewal, amendment; or modification d any Federal grant or cooperative agreement (b) lt .arty hands dher than Federal appropriated funds have been paid or will be paid to any person for influenang or attempting b influence an officer or employee d any agency, a Member d Congress, an officer or errpbyee d Congress, ar an employee d a Member d Congress ~ connection with this Federal grantor cooperative agreement, the undersigned. shall oorrplete and submit Standard Form - LLL, 'Disclosure Form to Report Lobbying; in accordance wlth ds instructions; (c) The undersigned shall require that the language d this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all. subreapients shag certify and disclose acoordirrgly. 2: DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Exeadive Order 12549, Debarment and Suspension, and- implemented at 34 CFR Part 85; for prospec- tive partiapants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110- A. The applicant certifies that it and its prinapals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or vduntarily excluded from covered transactions by any Federal department or agency; (b) Have ratwilhin a three-year period preceding this applica- tion been convicted d or had a cull. judgement rendered against them for oorrrrrssion d fraud or a criminal offense in connedion'with obtaining, attenpting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; vitiation d Federal or State antitrust statutes or commission d embezzlement theft, forgery, bribery, falsification of destruction d records, making false statements, or receiving stden property; (c) Are not presently indicted far ar oltteiwise criminally or avilty ' charged by a governmental entity (Federal, State, or k~eaq wlth commmssion d any of the dfenses enumerated in paragraph (2xb) d this certification; and (d} Have not within athree-year period preceding ItNS application had one or more public transaction {Federal, State, or k~ral) lemtinated for cause or default: and B. Where the applicant is unable to certify to: any d the. state- ments in this cerlficalicn, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES-OTHER THAN INDNIDUALS) As required by the Drug-Free Workplace Add 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 - A. The applicant certifies that it will or will continue to provide a drug-hee wormlace by: (a) Publishing a statement ndifying employees that the unlawful manufacture, distribution, dispensing, possession; or used a oontrdled substance is prdablted in the grantee's workplace and speafying the actions that will be taken against errpbyees for violation d such prohibition; (b) Establishing an on~dng drug-free awareness, program to inform empbyees about: (1) The dangers ddrug-abuse in the workplace; (2) The grantee's pdicy d maintaining a drug-free workplace; (3} Any available drug counseling, rehabilitation, ar-d errr,7loyee assistance programs; and (4y The penalties that may be imposed upon employees for drug abuse vitiations occurring in the workplace; (c) Making lt a requirement that eadi empbyee to be engaged in the performance d the grant be given a copy d the statement required by paragraph (a}: (d) IJotilying the empbyee in the statement required by para- graph {a) that, as a axrdition d employment under the grant the employee will: (1) Abide by the terms d the statement and (2} fJotify the employer in writing d his or her oonvidion for a valalion d a criminal drug statute occurring in the workplace rto later than five calendar days after such oonvidion; 29 ~. ~.. BID NUMBER: RFP/DF-04/05-99 (e) Notitying the agency, in writing, wAhin 10 calendar days after receiving notice under subparagraph (dx2) from an employee or dherwise receivNxf adual slice d such oonvidan. Employers d oonvided enpbyees must provide slice, incN~ding position title, lo: Diredor, GrarNs Pdicy and Oversight Staff, U.S. Depart- ment dEducation, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washaglorr, OC 20202- 424$. tVdice shall include the identification number(s) d each affected grant; (f) Taking one d the tdlowing actions, wthin 30 calendar days d receiving ndice under subparagraph {d){2y, wph respect to any ertpbyee who is so mnvided: (1) Taking appropriate personnel action against such an err>- pbyee, up to and including lerrrination, consistent wAh the requirements d the Rehabilitation Add 1973, as amended: or (2) Requiring such employee b partiapale satisfadoriry in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, Stale, or local health, law enforcement, or dher appropriate agency; (g) Making a good faith effort to oohtinue to maintain a drug-free workplacethrough lnplernentation d paragraphs (a). (b). (c), (d). (e), and (f). B. The grantee may insert in the space provided bebw the site(s) for the performance d wodc done in oonrredion with the spedfic grant: Placed Peformance (Street address. city, county, state, zip Dods) 112ti EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Check [ )rf there are workplaces on file that are rat identified here. .- _ OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Add 1988, and irrplemenled al 34 CFR Par185. Subpart F, for grantees, as defined at 34 CFR Part 85. Sedans 85.685 and 85.810- A. As a oonditan d the. grant, t certifythat I w01 not engage in the rxilawful marwfadure, distribution, disperr:irg, possession, or use d a oontrdled substance in concluding, any activity wdh the grant; and B. M convicted d a cximnal drug dfense resulting from a violation occurring during the conduct d any grant activity, I will report the conviction, in wrAirg, within 10 calendar days d the conviction, to: Director. Grants Policy and Oversigfil Staff. Department d Education. 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3}, Washington, DC 20202-4248. Notice. shall include the identification number(s) d each affected grant. As the duly aulhor¢ed representative d the applicant, I hereby certify that the applicant wAl comply with the above certrficalions. OF APPLICANT CITY OF WINTER SPRINGS PR/AWARD NUMBER AND 1 OR PROJECT NAME RFP-DF-04/05-99 NTED NAME AND TITLE OF AUTHORIZED REPRESENTATNE RONALD W. MCLEMORE, CITY MANAGER SIGNATLIRE ~~. ~~ DATE s,a~~s ED 80-00.13 12!98 30 ar~r'7SSGi.4':. ,. x t ~s?~Sy, rMTr."'~.... BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ATTACHMENT D 'EXHIBIT A 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than 2' X 3' and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and (5) five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., June 30, 2005 at: Department of Agriculture and Consumer Services Purchasing Office - U8~CF - 2005 HURRICANE SUPPLEMENTAL PROPOSAL Mayo Building -Room SB-8 Tallahassee, FL 32399-0800 Telephone (850) 488-7552 If you have any questions, please see ATTACHMENT J, "Division of Forestry District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: CENTRAL WINDS PARK TREE GRANT PROJECT Proposer Name: CHUCK PULA Name and Title of Contact Person: CHUCK PULA , PARKS & RECREATION DIRECTOR Address: 1126 E. STATE ROAD 434, WINTER SPRINGS, FLORIDA Zip: 32708 Phone:L407 ~ 327-6590 Is your organization a NonprofiXcorporation pursuant to Chapter 617, Florida Statutes? Yes No FEID Number 59-0126364 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: RONALD W. MCLEMORE Title: CITY MANAGER ,r-'r~ fir/, -' J'. Date: o~Q Signature: ~~ 31 Attachment "D" In late 2004, the City of Winter Springs was severely and directly impacted by three hurricanes that destroyed a significant amount of the Urban Forest. Hurricane Charlie, a storm that was ranked in excess of Category 4, inflicted the most devastation in the residential areas of Winter Springs by removing over 600 large trees specifically located in the roadside right-of--way areas in front of homes and damaging thousands of mature trees in parks on medians and along greenbelts and roadways. 2. Emergency trimming and removals on public streets, parks, and other public property were performed during and after the storms. Millions of dollars were spent cleaning up downed trees and processing tree debris related to the hurricanes. At this time, it has become necessary to take steps for the care and prevention of additional deterioration to the Urban Forest in Winter Springs. This includes tasks such as remedial and corrective pruning of parks and roadways trees, re-staking of small to medium sized parks and roadway trees, and removals of tress that were severely damaged during the storms. 3. The cities park system had 199 trees up-rooted. The cities Award Winning 105 Acre Park, Central Winds Park had 82 trees removed and 203 trees with hangers. No FEMA or other Federal Funds were provided for tree replacement. 4. This project requests grant funding for the reformation of Central Winds Park. This includes replacement trees based on damaged and destroyed trees and new appropriate tree plantings to serve as windbreaks. 5. The City of Winter Springs has the cash, labor, materials and other resources to complete this project. The source of the cities match of 25% will be from city funds. 6. The City of Winter Springs is very committed to long term management of its Urban Forest. This project is located on the Sports Managers Association Award and Winning "Best Sports Complex in the Nation". WORK SCHEDULE CENTRAL WINDS PARK REFORESTATION PROJECT 1 Week Prior Pre-Installation, Line, & Utility Locates. Day 1 & 2 Assess and layout jobsite, mobilize equipment and workman. Day 3 & 4 Begin installation of irrigation (Bublers). Day 5 Begin prep and installation of trees. Day 7 Water and wash-in of trees. Day 13 Begin staking and guying of trees. Day 15 Begin installation of pine straw. Day 17 Cleanup and finalize project 1. Work proposed to take place in June-July 2006. 2. All trees/palms will be Florida Grade # 1 or equivalent (Florida Division of Plant Industry, Grades, and Standards). 3. The Contractor selected shall hold the required state and local licensing to perform the project. 4. The City of Winter Springs Parks Superintendent, Irrigation Tech, Urban Beautification Manager, and City Arborist will oversee the project at all times. s. s+ ... ,,,... BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ~ ' A~BUDGET T E EXHIBIT 6 Activity: CENTRAL WINDS PARK REFORESTATION Specific Description: PLANTING 398 TREES , STAKING , PINE STRAW MULCHING AND $UBLER IRRIGATION SUMMARY OF COSTS (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II ~a r~~ ~ Contractual costs *~~~-~v Personnel costs Travel costs Equipment costs ~-~15a'~~'~'~ 1515.00 10, 3g5.o0 Supplies costs y-7 00.00 2~ l00 .o~v Operating costs Tree costs 6 a ~ q 31, o c, 1215 . ad Overhead costs Total Requested Grant (I) $ ~6~ 1520D Total Matching Costs (II) $ $ ~.g.T,;.g.~~ 25~ ~$p. o O Total Program Costs (III) $ 1-5'0 I o0, Zo2, o0 100% Add columns I and II for total III (100%) '~5 % Grant request _ _ .D l.5 %Local match 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: CENTRAL WINDS PARK Who has Responsibility for Overseeing Project Implementation (name and title)? CHUCK PULA, PARKS & RECREATION DIRECTOR Who has Maintenance Responsibility for the Project after Completion? CITY OF WINTER SPRINGS, PARKS & RECREATION DEPARTMENT Is the Land Ownership Public or Private?: Name of Landowner: CITY OF WINTER SPRINGS Project Title: CENTRAL WINDS PARK REFORESTATION Applicant Name: CITY OF WINTER SPRINGS BID NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ .2:00 P.M. BUDGET ATTACHMENT E (CONTINUED) Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost Contractual (Description) 75~ c}q'2 GZIq 37 ~2~ 555 Purchase & 398 $ $6-;-9~~1 $ 69 ;-~9~' $--~9 ;-98& install tree Staking & 398 Misc. $ 5,000 $ 3,750 $ 1,250 X150 Pine Straw M lch 200 bales $ 1 , 800 $ ~ ; 3-~6 $ Bubler Irrig. 398 $ 17,910 $ 1~ $ t , Personnel (list titles or positions) Travel BID NUMBER: RFP/DF-04/05-99 a OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. Operating Costs (list) Trees (list species and size) Quantity Trees Generic Name Common Name Specifications Caliper Each V ~Q.d 38 luniperus Silicicola Southern Red Cedar 65ga1 13-IS'ht x 5-7'sp (single trunk) 3.S-0.S" Si3Q'~ 74 Lagerstromia I. Muskogee Lavender Crape Myrtle 45ga1 10-I I'ht x S.S'-6' spr. Multi Trunk T IS0.00 88 Lagerstromia I. Natchez White Crape Myrtle 45ga1 10-1 1'ht x S.S'-6' spr. Multi Trunk S 150.00 53 Lagerstromia 1. Tuscarora Red Crape Myrtle 45ga1 10-I I'ht x S.S'-ti' spr. Multi Trunk T 150.00 13 Gordonia lazianthus Loblolly Bay 45ga1 13' -14' x S'-6' (single trunk) 2.75-3" S IS0.00 22 Magnolia Grandflora "BB" Magnolia "Bracken Down" 65ga1 9'-10' x 4'-S' (single trunk) 3" S 300.00 4 Salix babylonica Weeping Hollow 4Sga1 13'-14' x S'-6' (single trunk) 2.75-3" f 175.00 S8 Quercus Virginians Live Oak 4Sga1. 13'-14' x S'-6' (single trunk) 2.75-3" f 150.00 14 Sabal Palmetto Sabal Palm 7@ 12' CT:7@Iti'CT Varies T 178.00 34 Taxodium disichum Bald Cypress "autumn" bSgal. 13-IS'ht x 5-7' sp (single wnk) 3.5-0.5" S 300.00 '151 ~ 2 Overhead" Total 398 Trees $..,r,=nom $ ~$ 75 152 Grant dollars may not be used to purchase food as supplies. 25 ~05D ** Overhead costs up to 5%, of total project cost may only be used as a matching cost, grant funds may not be used for overhead costs. .,,~; r RESOLUTION NUMBER 2005-22 A RESOLUTION BY THE CITY OF WINTER SPRINGS, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, the City of Winter Springs wants to improve its Parks Urban Forest by replanting trees; and WHEREAS, the City of Winter Springs desires to apply for an Emergency Hurricane Supplemental Urban and Community Forestry Grant which would provide monies in which to help fund the cost of replacing trees; and WHEREAS, the City of Winter .Springs wants to provide replacement trees to homeowners who lost trees; and WHEREAS, the City of Winter Springs desires to apply for an Emergency Hurricane Supplemental Urban and Community Forest Grant which would provide monies in which to help fund the cost of purchasing replacement trees for homeowners; and WHEREAS, the City of Winter Springs wants to improve the health of city surviving trees; and WHEREAS, the City of Winter Springs desires to apply for an Urban and Community Forest Grant which would provide monies in which to help fund the cost improving the health of surviving trees; and WHEREAS, the City of Winter Springs wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Winter Springs, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the City Commission of The City of Winter Springs, Seminole County, Florida as follows: Section 1. The City Commission supports, the improvement of its Urban Forest by planting trees in city parks. Section 2. The City Commission supports, the providing of new trees to homeowners who lost trees in the hurricanes. Section 3. The City Commission supports, the improvement of the health of the cities surviving trees. ~'r Sectlon 4. The City Commission hereby aathorizes, the City Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Winter Springs, Florida and the Florida Department of Agriculture and Consumer Services. Section 5. Repeal of Prior Inconsistent Resolations. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Sevenbility. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. DONE AND ADOPTED in re~ular session of the City Commission of the City of Winter Springs, Florida, this 13 day of June 2005. OF~Wj INTER SPRINGS, FLORIDA HN BUSH, MAYOR ANTHONY A. GA~FGANESE, City Attorney City of Winter Springs Resolution Number 2005-22 Page 2 of 2 Approved as to le al form and sufficiency for The City of,, 'ter Springs only: MAP - CENTRAL WINDS PARK ~~~'ORESTATION ATTACHMENT I H G F ~~ N N N A A A W Ln V v N N ~ >r~ N a+'34 ~~138 - - ~ " , -< 740 ~.v v~- 742 y ', ~ v • 744 U 746 p 747; 748 ' 749 750 751 752 754 756_ 0 N bq a ,_- _ . e, ._ ~2 ~ _ _ ----- PKWY ~ ., 430 1020 ___ _._. CENT~`~ WINDS ~. ... - - _ - s~ _.. - o ~ ~,. U \~ ~~.~ V ~ ~ ',~ `D r q 370 ~ ~ ~ ~ _- _ I _ hN \ ,`. ~~ ~ ~ 760 ~~ 350 ' ~ C a A ti o; X762 ~ __. ;~ 764 „, Ceritr e ~c o' 0 766 330 o ~ "" _ Winds ; ' Park i , 768 _ V ~ . \ IOQL- V 770 ~ ~ ~ ~ ~ 772 ~ ~ ~ w _ _. ~ 774 870 '~` 310 9G B ~' `0,.00 °v° °V° 77876 3s0 - 4 ..~ 4 r, ] 3 C ~ .-, ,. " '~ •- a 1 C1U'~' Continued Pg 2419 1 2 3 4 5 6 7 8 w.' 1 MILE NOTES: ~- N- - 001 SR 4 g Municipal Address Map Book ° 200 40° - W - Feet PRINTED: REVISED: = •. : Apr 2005 ~ : z : s ' ~' -- City of Winter Springs, FL P g 2411 . a - - _.--__ - ~. . -ice--. n- .r-___. a e __ - n-.-._..:~_ D_ ~A,.....:.... !`.. ~.. F'A(Gt LUI.AI IUN RCT NAI x1111 A 1 d < wllcc nnu1~~ nlnw Lake Jesup Michael Design Associates COMMUNITY, URBAN AND PARK ~~LANNING LANDSCAPE ARCHITECTURE, ESTAIfLISHED 1983 June 24, 2005 Mr. Chuck Pula, Director Parks and Recreation Department City of Winter Springs Winter Springs, Florida Re: Tree Planting Plan Submittal Central Winds Park Expansion Dear Mr. Pula, We have completed the Tree Plan for the park expansion and have attempted to be responsive to the "Special Terms, Conditions and Specifications" as stated in the "2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program." In response to page 4, "Eligible Practices:" (3) Based on the extensive use of native tree species, highlighted with smaller flowering trees, we feel that this design will reforest the site, which was formerly in agricultural usage. a) Many of the trees we were able to preserve during our initial site work were destroyed and damaged during the hurricanes. This Tree Plan provides replacement trees to those damaged and destroyed in the hurricanes. b) The tree plan replaces the many original exotic and wind-susceptible species that existed throughout the site prior to this plan, with native central Florida species. c) The current athletic field is open and susceptible to high winds. This Tree Plan will assure the development of sufficient wind breaks and buffer to the impacts of future hurricanes. Tree Planting Requirements (Pale 4, 5, 6) a) The plan includes (6) tree species native to the area and suitable for the site and objective. b) Trees are specified as Florida Grade #1. c) Multi-stem trees include only Crape Myrtle. d) No exotic trees from the Florida Exotic Pest Plant Council's most recent list are included. e) These trees are not susceptible to wind damage. f) Sabal Palms have clear trunks no taller than 16' height. Respectfully subm Forest Michael, L ds e Architect Michael Design Associates, Inc., 130 North Center Street, Suite 1, Winter Park, Florida 32789 Tel: (407) 645-3377, Fax: (407) 645-3760, Email: Winterparkl@earthlink.net License: LC322 West Drup-uR Drive aad Parking Nurtk Eutruce / Urop OR Planting Legend L~va Oak uad r coRelderatioe _~yry~yt¢ and-heBa _ _ n,,,na1y c,,,ar,c R,,,,• c.rm~ron wm. sPe~nubon. c. ~Pe uad • ~ 38 Jun yams sl~~cola SoutMm Rad tWar 65 gal 13-15'hl %5 ] sp. (s ogle trunk) 3.5A.5' Bab tYor°~ Futnrc bkach<n I . ' ~. ~ ~ 7 de change ., ]4 Lagerslmma 1. Muskogee Llvalldtlr tope MyRla 45 gal 10-11' h1. % 5.5 6 spr Mulll Trunk _ m~ 88 Legersboma 1. Nelchex WhRa tope Myrtle 45 gal. 10'-11'M %5.5'-6'sPr. Multrlrunk (YWIk)t1 ] ~'~---~-~--w---~~~~~'~~~° -- e ~ 53 LagersDOmaI. TUCCarore Rad tope MyrtN 45 gel. 10'~11'M.X5.5'-6'spr. MultNrunk • 1 ` 13 Gortlonie lasiunihus Lobblly Bay 45 gel. 13'14' z 5'-fi' (sngle Trunk) 2.75-3' Whoa tow MvM1la ! I i \ ~ ~ 22 Magnolia granddbn'BB' MaOnolu'Bracbn Brown' 65 gut. 9'-10' x 0'-5' (single trunk) 3' lyralk) 16 / I ~ 4 Salu De Dylon WwpinO Willow 45 gal. 13'14' x 5'L' (ample Wnk) 2.75-3' ~/~~`~) I So f Field ~ ` 56 Ouercus v rgmane Liva Oak 45 gal. 13 ~14' x 5 b (ample Trunk) 2 ]5~3' (Walk)1 ~ ~/ I I rn '. ~ A, ` 14 Sabel pelmelb $aWl Pakn ]~17 CT,7~16'CT Verms 1 w Fc till .i. _• I ` ~ 34 Taxadium tlistx:hum Baltl Cypnu'Autrrnn' 65 gut. 13 15 N. X 5 7 sp. )ample trunk) 3.54.5" Soitbal117 ~ 1 e.lv gs oath tree ( ) r~ ~) ~ I 4 1: , Rol•a~ 1. Mrr 6tlR W W A rmagb tlvou~ Sinw Mulch Mulch 4 tlumeter free nn 72~ ~•~j I F'wtball f.acrosse Ffeld I- ~„ zun.m.maa•w•tltirwehL.na.<•a. A,wrn s,.mkr.a•wrm..ln LNa Oak 1 ~ ~-~ 1 I aw.,. lw'a w'Wi.1s r.«n.me. wvrn»aoY L. Arw prbrmwr.nw xwn n•r..ry 10 ~ I ~eeurla ' ~ ubwmb. FlOnm ene. trA.uYry ~ Iti 1 a M+ ~ "}•- • )I ~ \ A r~pp•a •nl••6•~n an pn rd M L. Art6. Prr•r m pYntlna L MN mq nmk• m.k• ItlY•at W.mim•n4 n n•o••vy ~ , I i O I - , • anr. :, • .. o- e nme.lm -wrAatlr r..w.m w m.n•ns6,r.r. m•r4tl'..~' ~.Q •" + T--~' ri_-- '_ ispi 1 ,'~'u,.` .g wwwro wxloar re l . ~ula b ache ~•_ •_-_~ ~ - .~~. uv. olh 1 I Fagan t---n el, ro• 1_ i_ t_ ~~ 7`~~lwo'st~ t_ t.- vista to lvrge Live Uak I.wa I _- :~.. I ore's Nkef F - - cuooeelraa . . , .y. J ~ ~ u l ~ Red Cnw MvrtM la west ~ d< ~. .. • ~`\ ______ ~wq :l a. ~ 10 I~ _ - _ ~' ' ~ Whlb tow Mvrtb .a.~ /~~/''\'/ l \ /1 4 I I f•c - 7 V i ® ~ /\ ~ ~ ~ ~ , ~ ~ \ \ N ~ " ~ ~ Futurf Park Aavandar tow MvNa 1~ 1`{J~ `~1`/((~l,~iu,. ~ „ ~ 'mil i Fuiorc _ _ \l^ ' Mwnoxa GranaiROra 1 l ~ / .r Pu~IVIN~t i-t ....1 Mhlere'1rWaFA of !mr(E'1M1} -.-._t 1 f 1... t! t ~ ', Cam(; . ~•.. ,"~• :;•~ klovd ;=~ -~ ; CENTRAL WINDS `~./ ~ ` `•~ ~• Softball F'ie1U ~ /. ~' ~ /~ ~ ~, ~~d.4r.~ •~ ~~. .-• .,• ~~- _ ~ 4k `~ PARK EXPANSION / ~` ~ ~ "'~. CITY OF WINTER SPRINGS l~ •N •\` / , \ •~ F'urMb ~Il Lacrus ~e Field Succer Field .rare rw smauoA I.lv,- ~ ~ i~~arks & Recreation Department ~~ _ ; ~ m ~ g ~ ~, ~ Florida ,; rr ~ '~I Baseball Field , ~ Softball Field I 1 ~ ~l + ~ ~ y ~ F ~ I ~I .~' .' '~ _ .~ s i I ,• r. ~ ~ ~. ~ TREE PLAN ~, . ~ . i 1 1 ,~ 1 ,• Baseball Field N N 1 I '~ ,} , / a T '~1 _• ~ ~ r ] Ev4mg, i~ ~ ~ , /~ ~ o~~• _. . ' • Lid - ~' - - 1 l .. F ~ - • ,. ~~ ~ i • L e ... ~ ~ ` . •• ~', __ _ _ ._ ... ~ j / m Grass P~ ~ r+a SPa•1 ~ I~ Ncrh .ri ~ -._._ _ - -_ ~ ~ __ __ __ p ~ -_. - _._---- _ _ - - , 100 '` ~ /' Cruss Seminole Tra' fr Florida Na al ceaic-"[1' it 1'I •'. ~ °~ ~,' whda tna. Yvnla Michael Design Associates _ Wh •~^. Mrrrl. Ratl ton. Yvnt• ~dYL~k WwoIM Wllbv ~11'9.47h C:uMM1rl'.Nrrl & PAaA PLAIVIVW4. LANDS(:APC .aR('NITE(ll'~Nt Entrance m s 11 11 3 fi Soulha radar 3 6 Il0 North (:eater Strut, Wiarer Peril, Fl 327x9 SatraLPalln SnIdlJSmteear I~r~.m ,rr..r uriJ rrui! Rad tow YvNa Baltl Cv1L`ass ,,i ,, 25 2t Telephuee 487615-3377, F'a: /07 6i5-3760 L('322 Yy".~: k~TABLLxN©119flt CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407)327-6599 Fax: (407)327-4763 Parks & Recreation Dept. MEMORANDUM RECEIVED NOV 0 2 2005 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK To: Andrea Lorenzo-Luaces, City Clerk d Recreation Director ~~~• From: Chuck Pula, Parks an Re: Urban and Community Forestry Grants Memorandum of Agreement (Central Winds Park Expansion) DATE: November 1,.2005 Attached is an original Urban and Community Forestry Grant Memorandum of Agreement. City Commission meeting June 13, 2005 Consent Item 200