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1991-19 Urban and Forestry GrantRESOLUTION NO. 91 - 19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY MANAGER AND HIS STAFF TO ENTER INTO A URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, many public and private areas within the Jurisdiction of this governmental body are in need of sound tree care and maintenance and must be improved and maintained as Urban and Community Forests; and WHEREAS, the City Commission desires that the City of Parkland improve various areas within the City of Parkland by adopting and promoting proper Urban and Community Forestry Practices; and WHEREAS, the Mayor and Commission of the City of Parkland, Florida wish to authorize the City Manager and his staff to enter into a Urban and Community Forestry Grant Memorandum of Agreement between the City of Parkland and the Florida Division of Forestry; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Sect. on1. The City Commission of the City of Parkland, Florida hereby authorizes the City Manager and his staff to enter into a Urban and Community Forestry Grant Memorandum of Agreement between the City of Parkland and the State of Florida Department of Agriculture and Consumer Services Division of Forestry. RES. NO. 91 - 19 gectign_2. The City Clerk of the City of Parkland, Florida is hereby directed to send copies of this Resolution to the Division of Forestry and all other persons as directed by the Mayor and Commission. Setlpr.3. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 19th OF JUNE _ 0 1991. / -.••10f., SAL r'- 0 AGLIARA AYOR SUSAN ARMSTRONG, CITY tLRK Attachment G PRELIMINARY (Subject to Revision) AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 1991 by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, a component agency of the State of Florida, hereinafter called the "Division" and the City of; Parkland a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "City" WITNESSETH WHEREAS, the Division desires to increase the application of the principles of urban and community forestry by granting funds to the "city" for the purpose as outlined in grant application Number attached as Exhibit A and by reference made a part hereof; WHEREAS, the Division and the "City" 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 Division has awarded the "City" an urban forestry grant for the specific project set forth in the ATB Urban and Community Forestry Grant Application Number WHEREAS, the "city" by Resolution No. 91 — 19 dated June 19, 1991 , 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 ATB Urban and Community Forestry Grant application and the need for entering into an agreement designating and setting forth the responsibilities of each party; and NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The "City" hereby agrees to complete the project by August 30, 1992 as set forth in the ATB Urban and Community Forestry Grant Application Number and approved by the Division on , 1991. The project to be performed by the shall be subject to periodic inspections by the Division. The "City" MC'tyM shall not change or deviate from the project without written approval by the Division. 2. The "City" has estimated the project cost to be $ as shown on the grant application budget sheet attached as Exhibit B. The Division agrees to pay to the "City" the total sum of $ 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. Project costs incurred prior to the effective date of this agreement are ineligible for reimbursement. Payment shall be made following submittal of invoices on a basis. The final payment shall not be made until certification of acceptance is received from the Division. For installed plant materials, a Sixty (60) day grow -in period will be required after project completion. Certification of acceptance by the Division may be requested sixty (60) days after project completion. Upon receipt of the certification of acceptance, the "City" may submit an invoice for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided for in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422 (2) (b), Florida Statutes. (c) Bilis for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Division 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 Division upon request. Records of costs incurred include the general accounting records, of the and all subcontractors performing work, and all other records of the and subcontractors considered necessary by the Division for a proper audit of costs. 3. The "City" 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. 4. The "City" agrees to submit to the Division an interim report on project accomplishments by , 1991 and a final report summarizing project accomplishments as a prerequisite to final acceptance by the Division. 5. This Agreement may be terminated under any one of the following conditions: (a) By the Division, if the "City" fails to perform its duties under this Agreement, following thirty (30) calendar days written notice. (b) By either party following sixty (60) calendar days written notice. (c) By both parties, thirty (30) calendar days following the complete execution by both parties of an agreement to terminate this Agreement. 6. The ATB Urban and Community Forestry Grant awarded by the Division shall continue in full effect until August 30, 1992. Not withstanding any provision of this Agreement to the contrary but subject to Subparagraph 5(a), in the event this Agreement is terminated before the Division has paid the nc }y" the Grant Amount, then the Division agrees to pay the MatyM all the Grant amount if the project has been completed or a percentage of. the Grant amount equal to the percentage of the project's completion. 7. Subject to the provisions of Florida Statutes 768.28, the Iscityle covenants and agrees that it will indemnify and hold harmless the Division and all of the Division's officers, agents and employees from any claim, action, neglect or omission by the "City" during the performance of the Agreement, whether direct or indirect, and whether any person or property to which the Division or said parties may be subject, except that neither the "City" nor any of its sub- contractors will 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 Division or any of its officers, agents or employees. 8. This Agreement embodies the entire agreement and understanding 3etween the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9. This Agreement may not be assigned or transferred by the "�tYN , in whole or in part without consent of the Division. 10. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. 11. 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 or telegram: (a) If the Division, addressed to 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 or at such other address the Division may from time to designate by written notice to the NCittye (b) If to the MC tyN ; and addressed to Harry J. Mertz, City Manager, 6500 Parkside Drive, Rifit:METFWM-33r 067— or at such other address as the Nlj tyI from time designates by written notice to the Division. All time limits provided hereunder shall run from the date of receipt of all notices, demands, requests and other instruments. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY BY: Approval as to Date, Form and Division Director Legality Approval as to Date, Form and Legality Attest: (SEAL) , a political subdivision of the State of Florida BY: ATTEST: (SEAL) PRELIMINARY Attachment H (Subject to Revision) AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY COUNCIL GRANT . MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of , 1991, by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, a component agency of the State of Florida, hereinafter called the "Division" and City of Par]aland a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "City" WITNESSETH WHEREAS, the Division desires to increase the general level of knowledge of the principles of urban and community.forestry by granting funds to the "City" for the establishment of a demonstration tree planting project as outlined in the America The Beautiful Urban and Community Forestry grant application Number and Grant Memorandum of Agreement (the "Grant Agreement") attached hereto as Exhibit "A" and by reference made a part hereof. These improvements are for the property at the below described location: WHEREAS, the Division has awarded the "City" an urban and community forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the "City" 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 ti original plans for the project. Furthermore, the "City" agrees to keep litter removed from the project area. The above named functions to be performed by the "City" shallbe subject to periodic inspections by the Division. It is the intent of the parties hereto that except as otherwise provided in paragraphs 2 and 4 hereof, the "City" shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. 2. This Agreement may be terminated under any one of the following conditions: (a). By the Division, if the "qty" fails to perform its duties under this Agreement or for refusal by the "City" 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 "city" in conjunction with this Agreement following ten (10) days written notice. (b). By either party following sixty (60) calendar days written notice. (c). By both parties, thirty (30) calendar days following the complete execution by both parties of an agreement to terminate this Agreement. 3. The terms of this Agreement commence on and continue for a period of three (3) years. 4. In the event this Agreement is terminated in accordance with subparagraph 2(a) then the "City" shall refund to the Division a pro -rated portion of the grant award based upon the following schedule: 06./13/1991 15:42 DIV OF FORESTRY D-18 1 305 424 9965 P.02 (a). If this agreement is terminated with one year of the date in Parapraph 3, 75 percent of the grant award~ (b). If this agreement is terminated during the second year of this agreement, 50 percent of the grant award. (c). If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. 5. Subject to Florida Statutes 768.28, the covenants and agrees that it will indemnify and hold harmless the Division and all of the Division's officers, agents and employees from any claim, action, neglect or omission by the during the performance of the Agreements, whether direct or indirect, and whether any person or property to which the Division or said parties may be subject, except that neither the nor any of its sub—contractors will 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 Division or any of its officers, agents or employees. 6. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement may not be assigned or transferred by the , in whole or in part without consent of the Division. 8. This Agreement shall be -governed by and construed in accordance with the laws of the State of Florida. 9. A11 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 or telegram: (a). If to the Division, addressed to 3125 Conner Boulevard, Tallahassee, Florida, 32399-1650 or at such other address the Division may from time to designate by written.notice to the "City" ; and (b). If to the "City" addressed to Harry J. Mertz, City Mgr. or at such other address as the 6500 Parkside Drive, Parkland, Florida 33067 "City" from time designates by written notice to the Division. All time limits provided hereunder shall run from the date of receipt of all notices, demands, requests and other instruments. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY BY: Division Approval as to Date, Division Director Form and Legality Division Approval as to Date, Form and Legality Attest: (SEAL) City of Parkland , a political subdivision of the State of Florida BY: tarry J. Mertz, City Manager ATTEST: (SEAL) Susan Armstrong, City Clerk