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Item B05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 21, 2001 Division: Growth Management Bulk Item: Yes X No Department: Planning & Environmental Resources AGENDA ITEM WORDING: Resolution approving a Grant Memorandum of Agreement between the South Florida Community-Urban Resources Partnership, Inc. (SFCURP) and Monroe County Board of County Commissioners Community Volunteers to implement an urban forestry project that improves the community's natural resources and assists with ecosystem restoration at Old Settler's Park, Tavernier, Florida. ITEM BACKGROUND: In April, 2000 the Board of County Commissioners, Community Volunteers applied to the South Florida Community-Urban Resources Partnership, Inc. (SFCURP) for a matching grant to assist in the restoration planting of native vegetation at Old Settler's Park, Tavernier, a Trailhead for Florida National Trails / the Overseas Heritage Trail. SFCURP subsequently granted the sum of $14,000 to be matched from the Monroe County Environmental Restoration Fund. PREVIOUS RELEVANT BOCC ACTION: On April 19, 2000, the Board authorized the Grant Application to the South Florida Community-Urban Resources Partnership Program for the restoration of Old Settler's Park. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval $28,000 BUDGETED: Yes X No TOTAL COST: COST TO COUNTY: $14,000 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH N/A Year APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management ---K- DOCUMENTATION: Included )( To Follow DIVISION DIRECTOR APPROVAL: AGENDA ITEM # Ji:::W DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: CONTRACT SUMMARY ScvtJ.., F/ ~I ~ 4. Cot"MW1~ ~ Urkn Re5~~~(:fontract# 91-39 , Effective Date: Expiration Date: Contract Purpose/Description: Contract Manager: f~ I AJiJ::p 'ife/SI^~e,- (Name) tV 7/10 (Ext. ) t%PA I G,vfflln~~ Department/Stop #) for BOCC meeting on JV/le. U j 2.00/ Agenda Deadline: Jt.me. /f ~t!1 / CONTRACT COSTS Total Dollar Value of Contract: $ :Zf,o(J-c Budgeted? Yeslk:f" No 0 Account Codes: Grant: $ I~ ~o County Match: $ /4, t>-e-e> Current Year Portion: $ (?. S I 00 (J .i6JL-a')S"'6-~~- ADDITIONAL COSTS Estimated Ongoing Costs: $ ..{}-' /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Man~gmn: WPU~g County Attorney Date Out I ?e9An Division Director ~ 1 ~\ (p.- ([J-o I ~ Comments: JUN-06-01 10,11 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516 PAGE 1/1 RESOLUTION NO. .2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A GRANT MEMORANDUM OF AGREEMENT BETWEEN THE SOUTH FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSHIIP, INC. AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY VOLUNTEERS TO IMPLEMENT A MATCHING GRANT PROJECT TO ASSIST IN THE RESTORATION PLANTING OF NATIVE VEGETATION AT OLD SETTLER'S p~ TAVERNIER. WHEREAS, on April 19,2000, the Board authorized the grant application to the South Florida Community-Urban Resources Partnership (SFCURP) Program to assist in t..l-te restoration plant'ng of Old Settler's Park; and ~'HEREAS, based on that applicatior" L"':.e South Florida COffi.."l1unlty-l!rban Resources Pfu-tncrship. Inc. a.warded a grant for the Su....1 of $14,000 to be matched wiL~ monies from the Monroe Cm.ty Envirow.....nental Restor.uion Fund; and \VHEREAS, the Suuth Florida Com.munlty-U1"ban Resow'ces Partnership, inc. (SFCURP, Inl.:.) ::;ubmined. <l. Grant lv1emori:Uldurll of Agreement for execution by the Board. NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COM~fiSSIONERS: [0 approve the Grant Memorandum of Agreement between the South Florida Community-Urban Resources Partnership, Inc. and Monroe County Board of County Commissioners COlDrll1.mity V olunteers to implement a matching grant project to assist in the restoration planting of native vegetation at Old Settler's Park, Tavernier. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a meeting of the Board held on the 21 st day ofJ une, 200 L Mayor George Neugent Mayor Pro Tem Nora WiUiams Commissioner Murray Nebo.. Commissioner Dixie Spehar Commissioner Charles. McCoy (SEAL) Attest: DANNY LKOLHAG"E, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk Mayor/Chairperson EXHIBIT 1 SOUTH FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSHIP. INC. (SFCURP. INC.) GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of .20_ (Effective Date) by and between the SOUTH FLORIDA COMMUNlTY~URBAN RESOURCES PARTNERSHIP, INC., hereinafter called the .SFCURP, Inc." and Monroe County Board of County Commissioners CommunitY Volunteers, hereinafter called the Sub-grantee (Sub-recipient). WITNESSETH WHEREAS, the SFCURP, Inc. desires to increase the principles of urban and community foresuy by granting funds to the Sub-grantee (Sub-recipient) for the purpose as outlined in Grant Project Number 99-39 included herein as Exhibit "AM and by reference made a part hereof: WHEREAS, the SFCURP, Inc. and the Sub-grantee (Sub-recipient) are of the opinion that the citizens of the Stale of Florida would benefit from the implementation of urban and community forestry Projects that improve our communities natural resources and assist with ecosystem restoration; WHEREAS, the SFCURP, Inc. has awarded the Sub-grantee (Sub-recipient) a South Florida Community-Urban Resources Partnership (SFCURP) grant for the specific Project set forth in the SFCURP Grant Project Number ~ hereinafter the "Project"; WHEREAS, the Sub-grantee (Sub-recipient) by Resolution No. . dated , has indicated its support of the grant Project 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 SFCURP Grant Project and the need for entering into an agreement designating and setting forth the responsibilities of each party; NOW THEREFORE, {or and in consideration of the mutual benefits that flow each to the other herein and in Exhibit "2", the Grant Maintenance Memorandum of Agreement, the parties covenant and &jree as follows: 1. Failure by the Sub-grantee (Sub-recipient) to sign and return this agreement by Julv 31. 2001 shall constitute forfeiture of the award. 2. The Effective Date of this agreement is ,20_. 3. The Sub-grantee (Sub-recipient) shall complete the Project twelve (12) months of agreement date contained herein as set forth in the South Florida Community-Urban Resources Partnership Grant Project Number 99-39 approved by the SFCURP t during which time the grant shall continue in effect. The criteria for the Project is set fOM therein. The f'mal date by which such criteria must be met for completion of this agreement is twelve (12) months from Effective Date. C:\My DoCIllftOllUIJ'Y 99 - SFCURP 0r.It MOA It Gnat MairtteIwlcc MOA.do<: 1 2K Edition 99-39 - Old S~cra Park Landselpe &cd Irrigation Plan MAI-jU-Ul Wtu ;:U4 YM U~V! NMlS. SfUCAP FAX NO. 19547923996 P. 7 The Project to be performed by the Sub-grantee (Sub-recipient) shall be subject to periodic inspections by the SFCURP, IDc and/or the SFCURP Federal Support Team and/or their UJignees. The Sub-grantee (Sub-recipient) shall not change or deviate from the Project without written 1ppfOVa! by the SFCURP, Inc. . 4. The Sub-grantee (Sub-recipient) has estimated the Project cost to be $28,000.00 as shown on the grant Project budget sheet attached as Exhibit "B". The SFCURP, Inc. agrees to reimburse to the Sub.. grantee (Sub-recipient) the total sum of $14,000.00 or fifty percent (50%) 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 prior to the Effective Date of this agreement are ineligible for reimbursement. To assist the Sub-grantee (Sub- reCipient) with the initial three (3) months of implementation. the SFCURP, Inc. may make an advance of no more than 25 percent of the grant award. The Sub-grantee (Sub-recipient) must request the advance payment in writing using forms provided by the SFCURP, Inc. 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 7S percent of the Grant Amount will be paid to the Sub-grantee (Sub-recipient) prior to Certification of Acceptance by the SFCURP, Inc. The final payment shall not be made until Certification of Acceptance is received from the SFCURP, Inc. For installed plant material5. a sixty (60) day grow-in-pcriod will be required after Project completion. Certification of Acceptance by the SFCURP, Inc. may be requested sixty (60) days after Project completion. Upon receipt of the Certification of Acceptance, the Sub-grantee (Sub-recipient) may submit an invoice for final payment. (a) Two or more verbal quoteS are required for all purchases, expenditures exceeding $1,000.00 and up to $5,500.00. A minimum of three written quotes or a fozma! bid process is required for all purchases/expenditures exceeding 55,500.00 and not gre&ter than $15.000.00. Sealed bids are required fot' all purchucs exceeding 515.000.00. Justification must be provided for a sole source award or for an award to a vendor other than the vendor submitting the lowest bid or quote. (b) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (c) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the SFCURP, Inc. at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the SFCURP. Inc. upon request. Records of costs incurred include all records of the costs of the Sub-grantee (Sub- recipient) and subcontractors considered necessary by the SFCURP, Inc. for a proper audit of the Project. (d) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contract to provide any goods or services to a public entity, may not submit a bid on a contract with a C:\My Documtllb\FY 99 - SFCURP 0nIIt MOA A 0raIt MainteD_ MOAcIoc 2 2- Edition 99.39 - Old Sett1en Park Landecape and Irription Plan r.1f\.l-jU-Ul WtlJ ;. U4 t'M U~!jil. Nr.:'~~. ~l'UCM fAX NU. 1~~4~~23996 ~, " 0 public entity for the construction or repair of a public building or public work. may not submit bids on leases of real propcrty to a public entity. may not be awarded or perl'01D1 work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact bU5inC$s with any public entity in excess of the threshold amount provided in Section 287.017, for Demonstrated or Site Specific Projects, for a period of 36 months from the date of being placed on the convicted vendor list. 5. The Sub-grantee (Sub-recipient) 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 oithe panies in maintaining the Project. 6. The Sub-grantee (Sub-recipient) agrees to submit to the SFCURP, Inc. an interim report on Proj= accomplishments within six months of Effective Date and a fInal report summarizing Project accomplishments as a prerequisite to final acceptance by the SFCURP. Inc. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for tennination of this asrccmcnt according to the provisions of Section 7(b). The Sub-grantee (Sub-recipient) upon Project completion shall submit a news release to local newspaper media highlightinj the succcsses of the Project. 7. This Agreement may be terminated under any ODe of the follOwing conditions: (a) By the SFCURP, Inc., unilaterally, for refusal by the Sub-grantee (Sub-rcoipicnt) to allow public access to all documents, papers, letters, or other material subject to Chapter 119, F.S. and made or received by the Sub-grantee (Sub-recipient) in conjunction with this Agreement. (b) By the SFCURP, Inc., if the Sub-grantee (Sub-recipient) fails to perfonn its duties under this Agreement, following thirty (30) calendar days written notice by the SFCURP, Inc. (c) By either party foHowing sixty (60) calendar days written notice. (d) By both parties following the complete execution by both partics of an agreement to tenninate this Agreement. (e) Notice to Sub-grantee (Sub-recipient): The SFCURP, Inc. shall consider the employment by any Sub-grantee (Sub-recipient) ofunauthori~ed aliens a violation ofsectioD 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this agreement. 8. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph 7(b). in the event this Agreement is terminated before the SFCURP, Inc. has paid the Sub-grantee (Sub- recipient) the entire Grant Amount, then the SFCURP, Inc. agrees to pay the Sub-grantee (Sub-recipient) the entire Grant amount, if the Project has been completed. If the Project has not been completed, the SFCURP, Inc. shall pay to the Sub-grantee (Sub-recipient) a percentage of the Grant amount equal to the percentage of the Project's completion. C:\My Doeulfttnls\FY 99. SFCl,"RP 0tuR MOA 6: Clnnt MIiIl~ MeA.doc: 3 2M Edition 99-39 . Old Settlers Park Landscape lU1cl Irrisation Plan Sub-grantee (Sub-recipient) the entire Grant Amoun~ then the SFCURPIBSWCD agrees to pay the Sub- grantee (Sub-recipient) the entire Grant amoun~ if the Project has been completed. If the Project has not been completed, the SFCURPIBSWCD shall pay to the Sub-grantee (Sub-recipient) a percentage of the Grant amount equal to the percentage of the Project's completion. 9. Extension of a contract for contractUal services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than two (2) years, or for a period no longer than the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the SFCURPIBSWCD. 10. As applicable under Florida Statute 768.28, the Sub-grantee (Sub-recipient) eovenants and agrees that it will indemnify and hold harmless the SFCURP/BSWCD and all of the SFCURPIBSWCD officers, agents and employees from any claim, action, neglect or omission by the Sub-grantee (Sub- recipient) during the performance of the Agreement, whether direct or indirect, and whether any person or property to which the SFCURPIBSWCD or said parties may be subject, except that neither the Sub- grantee (Sub-recipient) nor any of its sub-contractors will be liable under this paragraph for cia.mqes arising out of injury or damage to persons or property directly caused or resulting from the sole negligence . of the SFCURP/BSWCD or any ofiu officers, agents or employees. 11 ~ _ The sub-grantee (Sub-recipient) 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. 12. This Agreement, together with any Maintenance Agreement, if executed, ~bodies the entire agreement and understanding between the parties hereto and there arc no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. 13. This Agreement may not be assigned or transferred by the Sub-grantee (Sub-recipient), in whole or in part without the prior expressed written consent of the SFCURP/BSWCD. 14. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. 15. All notices, demands, requests or other instNments 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: C:\My Docum.ms\FY 99 . SFCUJUl Gr1IA& MOA It. Gnat Maint8lwtce MOA-doc 4 2nd EditiOD 99.39 - Old Settlera Puk Landacap. and IrriSltion Plan r.1i'.l-jlj-IjJ Wr,L' /. UL rM U::'lJA. 1'11':;"::,, ::'rU'"Ar rA! NU. 1~~4/~Lj~~b P 4 (a) If to the SFCURP, Inc., address to Russell M. Setti, SFCURP Regional Director, South Florida Community-Urban Resources Partnership, Inc., USDA Service Center, 6 I 91 Orange Drive, Suite 61 S3Q, Davie, Florida 33314 or at such other address the SFCURP, Inc. may from time to time designate by written notice to the Sub-grantee (Sub-recipient) voice: (954) 792-1984 or fax: (954) 792-3996; (b) lfto the Sub-grantee (Sub-recipient) addressed to: or at such other address as the Sub-grantee (Sub-recipient) from time to time designates by written notice to the SFCURP, Inc. 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. 16. Time is of the essence of this agreement. 17. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Sub-grantee (Sub-recipient) is therefore not allowed to expend any funds received through this contract for the purpose of lobbying the Florida Legislature, the SFClJRP. Inc., the Judicial Branch, or any other state agency. This contract, which disburses grantS and aids appropriations, is subject to the requirements of Section 216.349, Florida Statutes, which are: (a) The SFCURP. Inc. and the ComptrOller before disbursing any funds must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and that this contract specifically prohibits the use of funds for the pW'pOSC of lobbying the Legislature, the SFCURP,lnc., the Judicial Branch, or any state agency. (b) If the Sub-grantee (Sub-recipient) is a local government agency, nonprofit organization, or not-far-profit organization it shall: ro for amounts $25,000 or less, have its head attest that it has complied with grant provisions, (ii) for amounts greater than 525,000 but not more than Sloo,OOO have a grant-specific audit performed in accordance with the rules of the Auditor General or have a statement prepared by an independent certified public accountant which attests that the grant provisions have been complied with,(Hi) for amounts greater than $100,000, have a grant-specific audit performed in accordance with the rules of the Auditor Gener~ and (iv) have such audits, statements, or attestations flied with the SFCURP. Inc. and the Auditor General. . (c) The intent of this paragraph is to include lobbying, of applicable federal agencies. C:\My Docummta\FY 99 . SFClJRP Ormt MOA" Orant MIlmtDIlIc:. MOA.doc 21lll Edition 5 99-39 . Old Settlers Park Landlc:&pe and wI&tion PIli! MJl.r-jU-Ul WtV !: Ul t'M U::,JjA. Nl<(,::'. ~ru('Aj-' FAX NO. 19547923996 P. 3 18. If this agreement contains federal funding in excess of $100,000, the Sub~iI'antec (Sub~ recipient) must, prior to agreement execution, complete the Certification Regarding Lobbying form. If a Disclosure of Lobbying Activities, Standard Fonn LLL, is required, it may be obtained from the SFCURP, Inc. All disclosure forms as required by the Certification Lobbying form must be completed and returned to the SFCURP, Inc. 19. The-undersigned Sub-grantee (Sub-recipient) receiving federal financial assistance underthis agreement hereby acknowledges and agrees that it will comply with the applicable provisions of me latest version of Office and Management Budget CircuJarNo. A-l33 -Revisedlune 24, 1997 (AuditS of States, Local Governments, and Non-profit Organizations). Copies of the latest version of the above which would relate to the undersigned Sub~grantee (Sub~recipicnt) may be obtained by contacting SFCURP, mc.: South Florida Community-Urban Resources Partnership USDA Service Center 6191 Orange Drive, Suite 6183Q Davie, FL 33314 (Contact SFCURP, Inc. office for assistance in obtaining copies at (954) 792-1984) If the undersigned Sub-grantee (Sub-recipient) expends $300,000 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 Sub~grantee (Sub-recipieDt) 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 5300,000 threshold specified above shall be from all federal sources, not just the amount provided by this agreement. The undersigned Sub-grantee (Sub~ recipient) receiving funds under this agreement hereby agrees that it will allow the SFCURP, Inc. and any federal agency to audit the Sub-grantee's (Sub~recipient's) books for compliance with the above applicable circulars. 20. The Sub-grantee (Sub~recipient) acknowledges and agrees that public use of all reports or other printed material, videos, audio recordinp, filnu 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 South Florida Community-Urban Resources Partnership grant must display a statement that the material has been prepared using South Florida Community-Urban Resources Partnership grant funds received through the Florida Department of Agriculture and Consumer Services- Division of Forestry and USDA-Forest Service. 21. The Sub-grantee (Sub~recipient) is infonned 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 C;\My DowmtJIUIFY 99 . S'FCUU Or.m MOA III Orult MaitDamc9 MOA.40c 2ao1 Edition 6 99-39. Old Settlor. Park LandJcape and Irri.auon Plan M..l\r-jU-Ul \'ItlJ !: Ul l"M U~jjA. NKl~. ~rulA[ ~AX NO. 19547923996 t'. 2 leases of real propeny to a public entity, may not be awarded or perform worle as a contractor, supplier, subcontractor. or consultant under an agreement with any public entity, and may not ttansact 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 22. The Sub-grantee (Sub-recipient) is informed that the SFCURP. Inc. shall consider the employment by a Sub-grantee (Sub-recipient) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be caused for unilateral cancellation of this agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year fust above written. SOUTH FLORIDA COMMUNITY URBAN RESOURCES PARTNERSlDP, INC. (SFCURP, INC.) BY: President SFCURP, Inc. Attest: Secretary SFCURP, Inc. Monroe County Board of County Commissioners Community Volunteers Name of Sub-grantee (Sub-recipient) BY: Title: Witn...: (SEAL) B C:\My DoCUIIWIIII\FY " . 81CURP Oram MOA" Onnt MaizMn_ MOA-cIoo 2nd Edition 7 99-39 . Old SGttI", Park LaadaCl~ loci Irri.&Uon PIau l\1Ar-jU-Ul ,"/tv !. UU tM U~lJA. NK'v~. ~l'U\..A.t' ~AX NU. 1~~4J~~j~~6 P. 1 EXHIBIT 2 sounr FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSHIP. INC. (SFClJRP. INC.) MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of 20----> by and betWeen the SOUTH FLORIDA COMMUNITY-URBAN RESOURCES PARTNERSHIP. INC.. hereinafter called the "SFCURP. Inc. II and Monroe County Board ofCountv Commissioners Community Volunteers, hereinafter called the Sub-grantee (Sub-recipient). WITNESSETH WHEREAS, the SFCURP. Inc. desires to increase the general level of knowledge of the principles of urban and community forestry enhancement of natural resources and ecosystem restoration by granting funds to the Sub-grantee (Sub-recipient) for the establishment of a demonstration tree planting Project as outlined in the South Florida Community-Urban Resources Partnership Grant Project Number ~ and Grant Memorandum of Agreement (the "Grant Agreement") attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the SFCURP, Inc. has awarded the Sub-grantee (Sub-recipient) a South Florida Community-Urban Resou~ Partnership (SFCURP) grant, more particularly set forth in the Grant Aareement; WHEREAS, the Su1).arantee (Sub-recipient) agreed in the Grant Agreement to maintain the Project (as described in the Grant Project); WHEREAS, the parties hereto recognize the need for entering into an agreement designating and setting forth the responsibilitiCi of each party in maintaining the Project; and WHEREAS. the Sub-grantee (Sub-recipient) by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW TImREFORE, 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 : I. The Sub-grantee (Sub-recipient) shall maintain the Proj eel in a responsible manner and with due care in accordance with the below listed "Project Standards" for the propeny at the following location: Attach Site Plan and/or Map of location (if applicable) Specifically, the Sub-grantee (Sub-recipient) accepts the below listed responsibilities and duties: (a) Proper watering and proper fertilization of all trees/plants. (b) Keeping trees/plants as free as practicable from disease and harmful insects; ( c) Proper mulching of trees and/or planting beds; Keeping the premises free of weeds; Mowing and/or cutting grasses to the proper length; C:\My DoCWDellt.\FY 99 . SYCURP Onm MOA . OruIt MaiDtmmM MOA-doo 2M Edition a 99-39 . Old Settlers Park Landsoape and Imllation Plan (d) Proper pmning of all treeS which includes; (i) remo~ng dead or diseued partS of treeS or (ii) pruning such pans thereof which present a hazard; (e) Removing and replacing dead or diseased trees/plants in their entirety, or removing and replacing those that fall below oriJinal Project Standards. The Sub-grantee (Sub.recipicnt) 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 parta of the Project, including all plantS, must be removed and replaced for whatever reason, then they shall be replaced with the same pe, size and specification as provided in the original plans for the Project. Funhennore, the Sub-grantee (Sub-recipient) shall keep litter removed from the Project area. The above named functions to be perf'onned by the Sub-srantee (Sub-recipient) shall be subject to periodic inspections by the SFCURP, Inc. It is the intent of the parties bereto that except as otherwise provided in parasraphs 2 and 4 hereof, the Sub-grantee (Sub.recipient) shall be the owner of the planting and other installations included and stipulated in the grant application comprising the Project. 2. This Agreement may by terminated under anyone of the following conditions: (a). By the SFCURP, Inc., if the Sub-arantee (Sub-recipient) fails to perfonn its duties under this Agreement or for refusal by the Sub-JIUtee (Sub-recipient) to allow public acceas to all documents, papers, leners, or other material subject to the provisions of Chapter 119, Florida Statutes and made or secured by the Sub- ~tee (S~b-recipient) in conjunction with this Agreement following reasonable wrItten notice. (b). By either pany following sixty (60) calendar days written notice. (c). By bo~ pani~ following the complete execution by both parties of an agreement to termmate this Agreement. 3: The terms of this Agreement commence on the date of Certification of Acceptance and continue for a penod of three (3) yellS. 4. In the ~~t this Agreement is terminated in accordance with subparagraph 2(a) then the Sub- ifBtltee (Sub.r~lplent) shall refund to the SFCURP, Inc. a pro-rated portion of the grant award based upon the follOWIng schedule: (a). If this agreement is terminated within one year of the date in Paragraph 3 7S percent of the grant award. ' (b). lithit agreement is terminated during the second year or this agreement, SO of the lI'aDt award. percent (c). If this agreement is terminated during the third year of this agreement, 2S percent oCthe grant award. 5. ~ applicable under Florida Statute 768.28, the Sub-grantee (Sub-recipient) Covenants d agrees that It shall hold harmless the SFCURP, Inc. and all of the SFCURP In' ffi an employees from an claim . g1 , c. s 0 ICers, agents and .J. y, action, ne ect or omission by the Sub-grantee (Sub-recipient) dunn' g th pellormance of the Agreements wheth d' eel . d' e . ' cr l~ or In lrect, and whether any person or property to h' h C.\My ~\FY 99 _ Sl'CURP Grml MOA. Onnt MDntaIanoo MOA.doc: W Ie 9 99-39. Old Scttlm Park LanciKlpe and Imlation Plan 2l1li Edition m....l-JU-Ul n.cv Q.:JL fm U;)V;t l\r.!~;). ;,rU'vl\t tAL Nu. 1~~4!~~j~~b 1'. jU the SFCURP, Inc. or said parties may be subject, except that neither the Sub-grantee (Sub-recipient) nor any of its sub-contractors shall be liable under this paragraph for damages ansina out of injury or damage to persons or property directly caused or resulting from the sole nesligence of the SFCURP> Inc. or any of ita officers, agents or employees. Notwithstanding any verbiage within this paragraph (S), the City of West Palm Beach docs now wave its right to sovereign immunity as provided by Florida Stature 768.28. 6. This Agreement, together with the South Florida Community-Urban Resources Partnership, Inc. 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. . 7. This' Agreement may not be assigned or transferred by the Sub-grantee (Sub-recipient) or SFCURP, Inc., in whole or in part without the expressed written consent of the other party. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shallliko in Palm Beach Count)', Florida. 9. All notices, demands, requests or other instrUments shall be given by depositing the same in the U. S. Mail, postage prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (a) If to the SFCURP, Inc., addressed to Russell M. Sem, SFCURP Regional Director, USDA Service Center, 6191 Orange Drive, Rm. 6183Q, Davie, Florida 33314, Phone: (954) 792-1984 or Fax: (954) 792-3996 or at such other address the SFCURP, Inc. may from time to time designate by Written notice to the Sub- grantee (Sub-recipient)~ and (b) If to the Sub-grantee (Sub-recipient)addressed to: or at such other address as the Sub-grantee (Sub-recipient) from time to time designateS by written notice to the SFCURP, Inc. All time limits provided hereunder shall run from the date of receipt of all mailed notices, demands, requests and other instnlmcnts, or from the date telexed or faxed. 10. Time is of the cssence of this agreement. 11. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Sub-grantee (Sub-recipient) is therefore not allowed to expend any funds received through this contract for the purpose of'lobbying the FloridaLegis1ature, the SFCURP, Inc., the Judicial Branch, or any other state agency or federal agency as it may apply. C:\My Documenll\FY 99 . SJ'ct1JU' Grmt MOA" Orurt. Main~ ldOAdoe 10 2"" Edition 99-39 . Old S~cr. patk Lands"J)O and Irrigation Plan . MAt-jU-Ul \'in b: ~L ~M USDA. NkCS. SHeAf' FAX NO. 19'4 '9?':lQQ6 _ 7 ~..i__ P. 9 This contract, which disburscs grants and aids appropriations, is subject to the requirements of Section 216.349. Florida Statutes, which are: (a) The SFCURP. Inc. and the Comptroller before disbursing any funds must independently ensure tbat the proposed expenditure is in accordance with all legal and regulatory requirements and that this eontract specifically prohibits the use of funds for the pwposeof lobbying the Legislature, the SFCURP, Inc., the 1udicial Branch or any state agency. (b) If the Sub-grantee (Sub-recipient) is a local government agency, non-profit organization, or not-for-profit organization it shall: (1) for amounts $25,000 or less, have its head attest that it has complied with grant provisions, (ii) for amounts greater than 525,000 but not more than 5100,000 have a grant-specific audit performed in accordance with the IUles of the Auditor General or have a statement prepared by an independent cenified public aecountant which attests that the grant provisions have been complied with, (Hi) for amounts. greater than Sloo,OOO have" arant-specific audit perfonned in accordance with the rules of the Auditor General, and (iv) have such audits, statements. or attestations f1led with the SFCURP, Inc. and the Auditor General. IN WITNESS WHEREOF, the parnes hereto have caused these presents to be executed the day and year first above written. sourn FLORIDA COMMUNITY URBAN RESOURCES PARTNERSHIP, INC. (SFCURP.INC.) BY: President SFCURP. Inc. Attest: Secretary SFCURP. Inc. Monroe County Board of County Commissioners Community Volunteers Name of Sub-grantee (Sub-recipient) BY: Title: Witness: (SEAL) C:\My DoClllllCfttl\1Y 99 . SFCUllP 0lIm MOA .. 0rIa\ MIiIl1enaD;. MOA.doc 99-39 . Old Settlers Park Landecape and Irritation P1&A l,l....r-JU-UJ \Yr.j) O.:JJ nl U:>JJJl.. J'U{G:>. :>rUGAr ~AX NU. 1~~4)~Lj~~b p. e EXHIBIT A South Florida Community-Urban Resources Partnership SUB-GRANTEE INFORMATION (please Print or Type) Project Applicant Name: Monroe County Board of County Commissioners Community Volunteers Project No.: 99-39 Project Title: Old Settlers Park Landscape and Irrigation Plan Sub-grantee Information~a1 Gov~9onprofit Organization. Indian Tribe or Educational Institution): Nam..nd Title of ConlBct Penon: ::r~.<. Y) , ~r, \::D' ~ I "i' ~~~ Co" Y\~ 1 d/)Q.' t M.HJtlD8'L)Ll~L"4 1>J-AIVNIN~ f- 41t..Dl pI-. oJ 1'<) Address: ~<1sC( DO ()//~~"b&A~ H/~JW At} I TAJ}B~AJJlSf2- City~ VeAIl5U t:!/ Zip: ~~()1 D Phon.(~ ") ~~ d---i ( '-\0 Fax:(~) X-~J. - / l () ~ Email: Web Address: -- IRS FEW Number Name of Landowner: As the duly authorized officer/representative of the Sub-grantee 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 OfficerlReprntntative: Title: Signature: Date: Please attach project description, work plan, flow clIart, and related documents that will become part of this agreement. C:\My DocumtlltS\l'Y" - SfCURP 0rIlIl MOA <It 0nIII1 M~ MOA.~ 12 2" Edition 99-39 . Old Settlers Pllk Landall"pe and Irrigation PIll! SeE: S ~1< b~h€rtT AltALH-Gb l\lJl.l-jU-Ul \'IJ'.V b: ~U t'M U~VA. Nl(!'.I~. ~l'UCM ~AX NU. 1~j4J~23~~b EXHIBIT A GRANT PROGRAM INFORMATION Project Applicant Name: Monroe County Board of County Commissioners Community Volunteers Project Title: Old Settlers Park Landsc&1)c and Imp-tion Plan Project No.: ~ SUMMARY OF COSTS (A 50/50 match on behalf of the Sub-grantee is required) Requested Grant S Local Match $ I n Conua.ctual COlts Personnel ~,t& Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (I) $ Total Matching Cosu (II) $ 0 Total Program Costs (Ill) $ Add columna I and n for total ill (lOOOIi) % Grant Request o $ % Local Match A bud2et. detamD2 all eosts identified above must be attached. PROJECT LOCATION INFORMATION (please Print or Type) (Complete where applicable) County M () Y\ Y't) ~ Local Government Jurisdiction (~unty Go...emm~ Municipality, School Board District or Independent Special District): Describe the Specific Location ~e Project:" Y' Who has Maintenance Respopsibility for the Propeny?: f f.:, l. ( ~, Is the Land Ownershi~ Private?: C:\.~y DoCllllleDtll\FY 99. Sf'CURP 0nIlI MOA. & Orm\ ~ MOA.~ 13 2Dd Edition 99.39 . Old Scttlcn Park LandIll&JlC and lrri.ation PWl P '7 ~ . ! .J m.~.l-jU-Uj ,'/tlJ b.:JU l"M U;,lJA. NK'V~. ;'H!"Af tAX NU. 19547923996 P. 6 Project Title: Old Settlers Park Landscape and Irrigation Plan Project No. 99-39 EXHmIT B Attach your budget or use the endosed form. Db is the type of detail required. ~ 5~e. ~ rr~.Q. ~ BUDGET P,b\~~~ A~~~R, Please note: All Projects must include a detailed itemized budget summary which lists all anticipated expenditures and explains all project costs. Proposals for aite specific demonstration tree planting projects must list the quantity, species, and approximate s~e (container size. or caliper and height) of trees to be planted. Cost Items Quantity (#) Rate or Price ($) SFCURP 500A 50% Match Cost Share Cost ($) ($) ContractUal (description) P~onnel (list titles or positions) .. C:\My Doou__IyY 99 - SFCURP 0Iwtt MOA II: 0rlIIIt Ma!nrn_. MOA.doc 14- '7 2M Edition 99.39 - Ole! SmItS Puk Landaoape ancl Irription Plan c 'j. t-{ ( flJ l T B ~fJ- \. -rf $ Budget Please note: All Projects 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. Cost Items Quantity (#) Rate or Price SFCURP 50% Match Leverage ($) 50% Cost Cost ($) Share ($) Contract Labor None (water lines were installed by Public Works) Personnel Project Manager, County BioloQist Jean "Niko" ReisinQe Oversee Holes 1 week 37.5 hr $746.25 $746.25 Oversee Planting 2 weeks 75 hr $1,492.50 $1,492.50 Weekly Inspections 48 hours $955.20 $955.20 Quarterly Reports 2 weeks 75 hr $1,492.50 $1,492.50 Retirement Benefits $475.70 $475.70 Health Benefits $680.60 $680.60 Monroe County Public Works General Laborers Planting Trees and Shrubs 320 hours $2,880.00 $2,880.00 Worker's Comp Insurance 320 hours $230.76 $230.76 Health Benefits 320 hours $867.70 $867.70 Retirement Benefits 320 hours $291.38 $291.38 Subtotal, County 'LaborAutl $\1J(1l,11i~;~.E!} $.9,431. .99 $680.60 Benefits Volunteer Labor (over match) 500 hours @ $5GGG~$:(1) $5000.00 $10.00/ hour Old Settlers Park, Tavernier, Monroe County Budget S ~\:lt~ IT 'B ~~ ~uf. S- Cost Items Quantity (#) Rate or SFCURP 50% 50% Match Cost Leverag Price ($) Cost Share ($) ($) Travel (NONE) Equipment Backhoe 120 hr 19.00/hr $1,140.00 $1,140.00 Front-end Loader 120 hr 19.00/hr $1,140.00 $1,140.00 Motor Grader 80 hr 25.00/hr $1,000.00 $1,000.00 Dump Truck 80 hr 32.00/hr $1,280.00 $1,280.00 Equipme;td._~.t.1 i@.1&0"ti> ~!i91~.I.fi) $4.560.00 ,__;<-;,.c.}l.v-........,.,.,'.. -., e BUDGET Quantity Rate or Price SFCURP 50% Match Leverage $ 50% Cost Cost $ Share $ Supplies. (list items) Soil 80 Cubic yards $1,920.00 $1,920.00 Mulch, Cypress 40 Cubic Yards $1,640.00 $1,640.00 6-6-6 Fertilizer 3 @ 40 Pounds $11.97 $11.97 M icortree Saver 41 Pound Pail $98.18 $98.18 Pathway Herbicide 2.5 Gallon $93.62 $93.62 Spray Bottles 3 $18.00 $18.00 Arbor Tie, White 5 rolls (@ 250') $178.52 $178.52 Flagging Tape, Surveyors 12 rolls $19.68 $19.68 Metal Stakes for Guys 255 @ 1.5' $57.37 $57.37 Spray Paint, Fluorescent each $32.00 $32.00 Hose, 5/8" X 80 feet 6 cans $119.94 $119.94 Hose, Drip, 5/8" X 50 feet 6 $109.90 $109.90 Fan Sprayer 10 $3.87 $3.87 3 Supply Subte>t;:lI $~,,~ma~;fi)'5 $4,303.05 Old Settlers Park, Tavernier, Monroe County Budget e~lll~lT ~ ~a... f2- ~ of S' Cost Items Quantity (#) Rate or SFCURP 50% Match Levera Price ($) 50% Cost Cost ($) ge Share ($) Operating Costs (list) (NONE) Not in this request, Operating costs part of normal park maintenance, once plants and irrigation are installed. Community volunteers will maintain plants for the first year. Old Settlers Park, Tavernier, Monroe County Budget e~l{ I ~lT ~ ~L\()t ~ Tree - (list species and size) **Please Note: Canopy trees are 8-12 feet tall, 2.5 to 3.5" caliper, container grown. Understory trees are 5-6 feet tall, 1.5 to 2.5" caliper, container grown. Shrubs are 2-3 feet tall, container grown in 3 to 7 gallon pots. See also Plant List with landscape plans for trade names of plants and Quantity 50% Match Leverage special status. Cost $ Bursera simaruba, Canopy 12 @ $45 $540.00 $540.00 Chrysophyllum oliviforme, Canopy 2 @ $40 $80.00 $80.00 Citharexylum fruiticosum, Undo 8 @ $25 $400.00 $400.00 Coccoloba diversifolia, Canopy 4 @ $60 $240.00 $240.00 Coccoloba uvifera, Canopy 5 @ $125 $625.00 $625.00 Coccoloba uvifera, Understory 1 @ $45 $45.00 $45.00 Colubrina arborescens, Canopy 2 @ $45 $90.00 $90.00 Colubrina elliptica, Canopy 2 @ $100 $200.00 $200.00 Colubrina elliptica, Understory 1 @ $25 $25.00 $25.00 Conocarpus erecta, Understory 2 @ $30 $60.00 $60.00 Conocarpus erecta, Canopy 4 @ $60 $240.00 $240.00 Cordia sebestena ,Canopy 5 @ $65 $325.00 $325.00 Eugenia axillaris, Understory 3 @ $25 $75.00 $75.00 Eugenia foetida, Understory 3 @ $25 $75.00 $75.00 Ficus aurea, Understory 1 @ $25 $25.00 $25.00 Ficus citrifolia, Understory 5 @ $45 $225.00 $225.00 Guapira discolor, Understory 5 @ $10 $50.00 $50.00 Mastichodendron foetidissimum, C. 6 @ $125 $750.00 $750.00 Piscidia piscipula ,Understory 4 @ $10 $40.00 $40.00 Sapindus saponaria, Canopy 2 @ $50 $100.00 $100.00 Simaruba glauca, Canopy 4 @ $45 $180.00 $180.00 Swietenia mahogani, Canopy 4 @ $125 $500.00 $500.00 Sophora tomentosa, Shrub 19 @ $8 $152.00 $152.00 Hamelia patens, Shrub 40 @ $8 $320.00 $320.00 Acacia farnesiana, Shrub 9@$8 $72.00 $72.00 Acacia choriophylla ,Shrub 18 @ $8 $144.00 $144.00 Byrsonima lucida, Shrub 27 @ $8 $216.00 $216.00 Myrcianthes fraarans, Shrub 10 @ $8 $80.00 $80.00 Old Settlers Park, Tavernier, Monroe County Budget G~W-l~lT B p~* ~,(2 ~-., Calyptranthes pallens, Shrub 18 @ $8 $144.00 $144.00 Gossypium hirsuitum, Shrub 16 @ $8 $128.00 $128.00 Cordia globosa, Shrub 5 @ $8 $40.00 $30.00 $10.00 Cassia chapmanii, Shrub 34 @ $8 $272.00 $272.00 Pithecellobium keyense, Shrub 10 @ $8 $80.00 $80.00 Callicarpa americana, Shrub 16 @ $8 $128.00 $128.00 SubtotalPJatlt$ $:t~~1i$jlt)" $1, 1j~I,;'() $1,530.00 Overhead Project Total $3I,.1'.lfiI, $i1;~.!!i.S5 $13,991.99 $7,210.60 Old Settlers Park, Tavernier, Monroe County Budget r.1f\ 1- jU-U J WJ<,V tJ: 40 1"'1.1 U~VA. Hr:'v~. :,r U'vi\t' rf\A ~v. lj~4;~Lj~~tJ ~' , ... ~ Project Title: Old Settlers Park Landscape and Irrigation Plan Project ID: 99-39 EXHIBIT C PLANTING AND MAINTENANCE GUIDELINES A) Planting Site factors which influence long-term survivability should be considered: overhead and undersround utilities, sidewalks, sign conflicts, traffic visibility, light poles, right-of-way or site improvements, size of planting space/site, etc. AlI'PlantilUt 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 50ilsurface where it can act as a wick and dry the surrounding soil. If trees are planted with wire baskets around the root ba1~ it is recommended that the top two tien 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 ifit is not contaminated. Alllarae 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) Mulchin& 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:lMy DoG\aDftta\!''{ 99 . SFct1RP Onm MOA. 0rIIIt MIiDtoGIIlN MOA-doo 18 2114 Edition 99.39 - Old Settlors Park Landsc:apc and Irription Plan FAX NO. 19547923996 P. 1 MAI-jU-Ul wtV b: 4'/ fM U~jjA. Nn,~. ~ruCAf C) Staking D) Pruninit E) Watering F) Fertilizing 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 wire is inside rubber hOle. Stakes and ties should remain on the trees no longer than one year to avoid girdling. At the time of planting only dead, damaged, n.zbbing or cross branches or fronds should be removed. Remove sucker sprout! from the bue of the tree after planting. Corrective/structural pruning can begin approximately one year after p1antina. Do not femove more than 1/3 of the live crown during one growing season. 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 srowth and spread of fOOts. Various species of trees or palms and/or soil types may require varied degrees ofWBtering. Soil moisture and tree health should be monitored and irrigation adjusted accordingly. Non-irrigated sites need to be monitored more closely. Belin a fertilization program within the fltSt year of planting. Broadcast fenilizing or fertilizer plugs/stakes are rewmmended. F crtilize lightly after the first year using a balanced fertili~er (rates should be bued 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 accordinsly. C:\My Do__IFY !1~. SFCUlU' Onnt MOA 41: OrmlMainteDance MOAdoc 19 21111 Edition 99.39 . Ole! Sottlor. Park L&!ldso&pe anG Irri.alion Plan