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HomeMy WebLinkAboutUrban and Community Forestry Grant -2005 07 05 .r- .. ~ EXH\B\T 1 URBAN AND COMMUNITY FORESTRY (U&CF)F'" '~'. ("'01," n-'!",,') ~ ('\.... .If GRANT MEMORANDUM OF AGREEMENT 1..;,\..1,,) Lv i i iL'.L, I 11 nln")~c- iJ I v-.)..;J 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 Sprinas, 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 1 ~ ,. (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 anyone 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. I. 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 jo 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, 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 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, 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 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. 7 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 AGRICUL TU AND CON~VICE BY: Director Division of Administration CITY OF WINTER SPRINGS Name of Entity (Subrecipient) BY: ;(~Ccj Mfl ~ , TITLE: ~ ~ J 8 URBAN 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 SorinQs, 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 1 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 anyone 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 a pro-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. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instruments, or from the date telexed or faxed. 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 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, 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 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 MRSE 'eEl D"t D"" f Ad . "t r- Irec or, IVISlon 0 miniS ra Ion BY: CITY OF WINTER SPRINGS Name of Entity (Subrecipient) BY: /~ jJ 111.1:--- " Title: CY-~ ~~ 5 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 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. 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 BID. NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. ATTACHMENT C CERTIFICATIONS REGARDING lOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest Applicants should also review the instructions for certification inCluded in the regulations before ~eting this form. Signature of this form provides for ~iance with certification requirements under 34 CFR Part 82, 'New Restrictions on Lobbying: and 34 CFR Part 85, "Government-wide Debarment and SuspensIOn (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)" The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education deterlTines to award the rovered transaction. grant, or oooperative agreement 1. lOBBYING As required by Section 1352. Title .31 of the U.S. Code, and ifll)lemented at34 CFR Part 82. for persons entering into a grant or llXlp9rative agreement over $100,000, as defined at 34 CFR Part 82. Sections 82105 and 82110. the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned, to any person for influencing or atlelT(lling to influence an officer or efl1)loyee of any agency, a Mermer of Congress . an officer or efl1)loyee of Congress. or an efl1)loyee of a Mermer of Congress in connection with the making of any Federal grant, the entering into of any oooperative agreement, and the extension, continu- ation, renewal, amendment, or m:dification of any Federal grant or llXlp9ralive agreement: (b) If any funds ofher than Federal appropriated funds have been paid or will be paid to any person for influencing or attef11)ling to influence an Officer or employee of any agency. a Member of Congress. an officer or efl1)loyee of Congress, or an employee of a Mermer of Congress in oonnection with this Federal grant or llXlp9rative agreement. the undersigned shall oofIl)Iete and subrrit. standard Form - lLL. "Disclosure Form to Report Lobbying: in acoordance with its instructions; (C) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subgrants, contracts under grants and oooperalive agreements. and subcontracts) and that all subrecipients shall certify and disclose acoordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RES PO N SIBil ITY MATTERS As required by Executive Order 12549, Debarment and Suspension. and implemented at 34 CFR Part 85. for prospec- tive participants in primary oovered transactions. as defined at 34 CFR Part 85, Sections 85.105 and 85.110- A. The applicant certifies that It and its principals: (a) Are nol presently debarred. suspended, proposed for debarment. declared ineligible. or voluntarily excluded from oovered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgement rendered against them for oorrmission of fraud or a criminal offense in connection v.ith obtaining. atten1Jling to obtain. or perforlTing a public (Federal. State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or oomlTission of ermezzlemenl. theft. forgery, bribery. falsification or dQstruction of reoords. making false statements, or receiving stolen property: (c) Are not presently indicted for or oIherwise CfilTinally or civilly charged by a governmental entity (Federal. State. or local) With COlTITission of any of the offenses enumerated in paragraph (2){b) of this certification; and (d) Have not within a three-year period preceding this application had one or rmre public transaction (Federal. State. or local) terminated for cause or default: and B. Where the applicant is unable to certify to any of the state- ments in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and iJl1llemented at 34 CFR Part 85, Subpart F, for grantees. as defined at34 CFR Part 85, Sections 85.605 and 85.610 - A. The applicant certifies that I will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture. distribution. dispensing. possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug-free workplace: (3) Any available drug counseling. rehabilitation. and eJl1lloyee assistance programs; and (4) The penalties that may be illlJOsed upon errployees for drug abuse violations occurring in the workplace: (c) Making it a requirernentthat \lach employee to be engaged in the performance of the grant be given a oopy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by para- graph (a) that, as a OJncIition of employment under the granl.tl1e errployee will (1) Abide by the terms of the statement: and (2) Notily the employer in writing of his or her oonviction for a violation of a crilTinal drug statut\l OCCUfllfig in the workpta ce no later than five calendar days after such conviction: 29 J , BID NUMBER: RFP/DF-04/05-99 (e) Notifying the agency, in writing. within 10 calendar days after receiving nolic.'9 under subparagraph (d)(2) from an efT1JloYee or otherwise receiving actual nolice of such convictbn. EnlJloyers c1 convicted efT1JloYees rrust provide nolice, induding posilion title, to: Director, Grants Policy and Oversighl Staff, U.S. Depart- ment of Educalion, 400 Maryland Avenue, SW (Room 3652, GSA Regional Office Building No.3). Washington, DC 20202- 4241l Notice shall indude the identificatKlO nun'tler(s) of each affected gran!: (f) Taking one of Ihe following actIOnS, within 30 calendar days of receiving nolice under subparagraph (d)(2), with respect 10 any ef1lJlaYee who is so conVIcted: (1) Taking appropriate personnel action againsl such an em- pIoyee, up to and induding lerrrinalion, consislent with the requiremenls of the Rehabililalion Act of 1973, as amended; or (2) Requiring such efT1lloyee 10 partidpale satisfactorily in a drug abuse assislance or rehabililalion program approved for such purposes by a Federal, stale, or local health, law entorcement, or other appropriale agency; (g) Making a good faith effor1 to continue to mainlain a dnJg.free workplace through inlJlementalKlO of paragraphs (a), (b), (c), (d), (e). and (f). B. The granlee may insert in the space provided below \he site(s) for the performance of work done in connedion with Ihe specific grant: ptace of Performance (street address. diy, oounty, slale, zip rode) 1126 EAST STATE ROAD 434 WINTER SPRINGS, FL 32708 Check [ ) if there are workplaces on file that are nol idenlified here. OPENING DATE: JUNE 30, 2005 @ 2:00 P.M. DRUG.FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Worl<place Act of 1966. and inlJIemenled at 34 CFR Part 85, Subpart F, for granlees. as defined at 34 CFR Part 65, Sections 65.6tl5 and 65.610- A As a condition c1the grant, I certify thai I will nol engage in the unlawful manutacture, distribution, dispensing, possessbn, or use c1 a controlled substance in oonducting any activity with Ihe grant; and B If convicted c1 a crirrinal drug offense resulting from a violation occurring during the conduct c1 any grant activity, I will report \he conviction, in writing, within 10 calendar days c1the conviction, to: Director, Grants Policy and Oversight Slall, Departmenlof EducallOO, 400 Maryland Avenue. SW. (Room 3652, GSA Regional OfflCO Building No.3), Washington, DC 20202-4246. Notice shall indude the identification nurrt>er(s) of each affected grant. As \he duly authorized representative of the applicant, I hereby certify thai \he applicant will conlJlY with \he above certifications. NAME OF APPLICANT CITY OF WINTER SPRINGS PRlAWARD NUMBER AND / OR PROJECT NAME RFP-DF-04/05-99 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE RONALD W. MCLEMORE, CITY MANAGER SIGNATURE ED 80-0013 DATE S d 00 S J 12/98 30 . ell:> NUMBER: RFP/DF-04/05-99 OPENING DATE: JUNE 30, 2005 @2:00 P.M. ATTACHMENT D 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM EXHIBIT A 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 81/2" 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 (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 - U&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) CENTRAL WINDS PARK TREE GRANT PROJECT Project Title: 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:( 407 ) 327-6590 Is your organization a Nonprofit corporation pursuant to Chapter 617, Florida Statutes? Yes No X 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 Signature: #n.~/ 1/ '?ll~ Date: J,v.A S-. ..J / t' )00 ,- eX , ./ 31 Attachment "D" 1. 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 REFOREST A nON 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. BID NUMBER: RFPIDF-04/05-99 2:00 P.M. OPENING DATE: JUNE 30,2005 @ ATTACHMENT E BUDGET EXHIBIT B Activity: CENTRAL WI NDS PARK R EFORES T A TION - Specific Description: PLANTING 398 TREES, STAKING, PINE STRAW MULCHING AND HUBLER IRRIGATION SUMMARY OF COSTS (A 75/25 match on behalf of the proposer is required). Requested Grant $ Local Match $ I II 78,S32.G-€l Contractual costs Personnel costs Travel costs . . . Equipment costs (lrrt5tA..f\tn) Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) Total Matching Costs (II) Total Program Costs (III) u, , 1 "7 f1 no 1615.00 4-100.00 1013'\5.00 2-. \00 .00 G,;l, '}31.00 12,5$.00 $ $ $ ~ g , 532 . 00 16 J \52.00 $ 26.178.00 1 g 'I , 7 1 0 . em I 00, '2D2. 00 100% 25,050.00 Add columns I and II for total III (100%) .$-78, :;:3 2.-00 .15 % Grant request $. 2,g ,.170. (}-D match 25 %Local A budQet, detailinQ all costs identified above must be attached. PROJECT LOCATION INFORMATION (Please Print or Type) (Complete where applicable) County SEMINOLE Describe the Specific Location of the Project: C E N T R A L WIN D SPA R K Who has Responsibility for Overseeing Project Implementation (name and title)? CHUCK PULA, PARKS & RECREATION DIRECTOR Who has Maintenance Responsibility for the Project after Completion? CITY OF WINTER SPRINGS, PARKS & RECREATION DEPARTMENT Is the Land Ownership Public or Private?: Name of Landowner: CITY OF WINTER SPRINGS Project Title: CENTRAL WINDS PARK REFORESTATION Applicant Name: CITY OF WINTER SPRINGS BID NUMBER: RFPIDF-04105-99 2:00 P.M. OPENING DATE: JUNE 30, 2005 @ ATTACHMENT E (CONTINUED) BUDGET Please note: All proposals must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for site specific demonstration tree planting projects must list the quantity, species, and approximate size (container size, or caliper and height) of trees to be planted. IMPORTANT: THIS FORM MUST BE USED. PROPOSERS NOT USING THIS FORM WILL BE RULED INELIGIBLE Cost Items Quantity Rate or Price Grant Cost Match Cost (#) ($) ($) ($) Contractual (Description) 15,40,2- "Z,ti ?>1 121555 398 Purchase & $ 80, Otrel $ GO, 00e- $ 20,000 install t ree~ Staking & 398 Misc. $ 5,000 $ 3,750 $ 1,250 qSo 850 Pine Straw Mt lch 200 bales $ 1,800 $ ~,3}"e $ ~ BubIer Irrig. 398 $ 17,910 $ l:i ~41~L $ 4,44~ 10 .3 Personnel I (list titles or positions) Travel BID NUMBER: RFPIDF-04/05-99 2:00 P.M. OPENING DATE: JUNE 30, 2005 @ Operating Costs (list) Trees (list species and size) Quanticy Trees Generic Name Common Name Specificalions Caliper Each 350 Orl 38 Juniperus Silicicola Southern Red Cedar 6Sgal 13-IS'ht x S-7'sp (single trunk) 3.5-4.S" . ... ~ 74 lagerstromia I. Muskogee lavender Crape Myrtle 4Sgal 10-1 I 'ht x S.S'-6' spr. Mulli Trunk $ ISO.OO , - 88 Lagerstromia I. Natchez White Crape Myrtle 4Sgal 1O-II'ht x S.5''{;' spr. Mulli Trunk $ ISO.OO S3 Lagerstromia I. Tuscarora Red Crape Myrtle 4Sgall0-II'ht x S.S'-6' spr. Multi Trunk S ISO.OO 13 Gordonia lasianthus Loblolly Say 4Sgal13' -14' x S'-6' (single trunk) 2.7S-3" S ISO.OO 22 Magnolia Grandtlora "SS" Magnolia "Sracken Down" 6Sgal 9'-10' X 4'-5' (single trunk) 3" S 300.00 4 Salix babylonica Weeping Hollow 4Sgal 13'-14' x S'-6' (single trunk) 2.7S-)" S 17S.00 S8 Quercus Virginiana Live Oak 4Sgal. 13'-14' x S'-6' (single trunk) 2.7S-3" S ISO.OO 14 Sabal Palmetto Sabal Palm 7@ 12' CT:7@16'CT Varies S 178.00 34 Taxodium disichum Said Cypress "autumn" 6Sgal. 13-IS'ht x S-7' sp (single trunk) 3.S-4.S" S 300.00 15, ~2.. Overhead** * Total 398 Trees $ -1g,S~ $ 2G,178 * ** 15, 1'52. 25 050 Grant dollars may not be used to purchase food as supplies. I 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. .. 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. ~. .. Section 4. The City Commission hereby authorizes, 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 Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. 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 regular session of the City Commission of the City of Winter Springs, Florida, this 13 day of June 2005. Y OF WINTER SPRINGS, FLORIDA ~~' Approved as to Ie al form and sufficiency for The~. . ler Springs only: ANTHONY A. G City of Winter Springs Resolution Number 2005-22 Page 2 of2 MAP - CENTRAL WINDS PARK REFORESTATION ATTACHMENT Northe Boundary H G (~ F o " 0" e;;:'"' N ~'34 J8~38 15' '.. 740 S ;:;l . ~ 742 '.g'" .... 744 o 746 OU ~S.~:J %~ 756 58 160 762 764 766 768 -';170 772 774 B . "....776 ;;;C;l~~~778 ,,0- 430 1020 ..-. o ~() ~' ~ ~A ~ _..- '- "" 302 ~ ~'~ ~ENTRAL WINDS PKWY emir"'" Winds \ t ParK' JOQQ. \ ......- / C - ..... '" N '" ... .... ... w '" .... Hu;D., ~'- ~ W. '....-" ~. ~ ~p- ~ >:P g --t 370 c 350 (') rn % -I ';xl ~ ~ 'Z \0 \(Il :"0 " " \~ 330 870 310 900 A 1 3 35,0, \.,..... ~~~-4- . ii'~'~~i /~~,~-~'-;_~ t.:~}~_ CJL.!'~~~.'~~ ",~ -~-',,'f' II!:.. --'_n.; ',-...' ~r)'..5'~: ~""t~;:-'-:.:..:. Continued Pg 2419 . 456 t 2 7 8 VJ' f.<.J: ::-J, :g' ",,: ~ MJr,.~ NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 ~~--..-....- 400 , Feet 3 : Map Page Developed By: Southeastern Surveying & Mapping Corp. 2: 2411 Michael Design Associates COMMUNITY, URBAN AND PARK PLANNING LANDSCAPE ARCHITECTURE, ESTAhLISHED 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 (Page 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 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 ~! '.. . ;..~ . _ ".,. ~."', _ _ ._;J~ -~-, .. .""'" ..,._ ,,_ J_~' 0" .' o ... - .....~ - ~. _9 ,-~'" .~u~.a;<,p(>~T" '" ~i.f-~~' ) ^ JJ' 7'Ar:~"';;;;jf:/ ~..~ "l' _ _, ,~,,;J-- ~" ~~ ."rv..... ,.,..,. . _ .' ~':. ~'.-3:r- . ~ Q ;; ~ :;:l ; ~ e:! Z tTj ~ ~ r-. t-3 tTj ~~~ trj ~ ~ C~Z><~ ."" ::t:r.~ ~ II""'" t'""'I ~ g ~ > t'""'I ~ ~~ ~ ~ i~ 0 Z aCllzO C/) H-IH.q , ..-o"':'~~ . ...... /,;;;:::::.;:;;..' ~;:J~ ~ --f~ ~g: ~~&:~~w~g::i:!~ t:iiCl~f;;ii -<"'0 ,t i [U~nHF 'Si...J ~l~i!i~~~~ ~fiiH! 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