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1992-22 Grant RESOLUTION NO. 92 - 22 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 qovernmental 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 adoptinq 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 Manaqer and his staff to enter into a Urban and Community Forestry Grant Memorandum of Aqreement 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; Section 1. 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 Aqreement between the City of Parkland and the state of Florida Department of Agriculture and Consumer Services Division of Forestry. RES. NO. 92 - 22 section 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. Section 3. That this Resolution shall be in full force and effect immediately upon its passaqe and adoption. PASSED AND ADOPTED THIS 15th OF July , 1992. sd!:~ ~~ a~_L~ SUSAN ARMSTRONG, CITY City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 ~( fry" MEMORANDUM FROM: MAYOR PAGLIARA AND CITY COMMISSIONERS HARRY J.' MERTZ, CITY MANAGER ~(\ RESOLUTION FOR GRANT TO: SUBJECT: DATE: JULY 14, 1992 Please see the attached memorandum and Resolution enabling staff to submit a grant application with the State of Florida for funding to assist in the removal of exotic materials from the Forman parcel. We have been working with the County Department of Parks and Recreation in the planning stages of the Forman tract development, and both the County and City staff believe the potentiality of the grant is a worthwhile endeavor. This matter will need to be added to the Agenda of July IS, 1992. 92 - 550 ~<-- ~ ~fYI . ~ /, ~ ~lr City of Parkland 6500 Parks ide Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 MEMORANDUM TO: HARRY J. MERTZ, CITY MANAGER FROM: BRIAN D. ARCHER, LANDSCAPE\CODE COMPLIANCE~~ ( SUBJECT; AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY GRANT PROGRAM DATE: JULY 13, 1992 The (ATB) Grant is a 50/50 or better match in non-federal dollars or in-kind services. The maximum award is $20,000.00 per applicant. I am applying this Grant to the Forman parcel for eradication of exotic plant material (Brazilian Pepper). The removal cost of the exotic plant material for the 20 acre site will be at least $40,000.00. I am presently working on more accurate figures to be submitted with the application packet. The application deadline is July 31. 1992 and one of the application requirements is a Resolution by the City Commission giving staff authority to enter a Grant Memorandum of Agreement and Maintenance Memorandum of Agreement with the Florida Department of Agriculture and Consumer Services, Division of Forestry. The Agreements will be processed when the Grant is awarded. Attached is a copy of the Resolution and sample drafts of the Agreements for your review. 92.055 Attachment G Page 1 of 10 ~Yo ~S~~ ~~. ~~ ' $;~ DRAFT (Subject to Revision) AMERICA THE BEAUTIFUL (Am) URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of ,19 by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND COHSUHER SERVICES, a.. component aqency of the State of Florida, hereinafter called the "Department" and hereinafter called the , Grantee. WITNESSETH WHEREAS, the Department desires to increase the application of the .principles of urban and conununi ty forestry by qranting funds to the Grantee for the purpose as outlined in grant application Number , included herein as Exhibit A and by reference made a part hereof: WHEREAS, the Department and the Grantee are of the opinion that the citizens of the state would benefit from the implementation of urban and conununity forestry projects that improve our communi ties through the proper care of trees and related plant materials; Page 3 of 10 deviate from the project without written approval by the Department. 3. The Grantee has estimated the project cost to be $ as shown on the grant application budget sheet attached as Exhibit B. The Department agrees to reimburse to the Grant~e 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 submi ttal of invoices on a quarterly basis. 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 Grantee may submit an invoice for final payment. (a) Bills 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. paqe 5 of 10 (b) By the Department, if the Grantee fails to perform its duties under this Aqreement, following thirty (30) calendar days written notice by the Department. (c) By either party following sixty (60) calendar days written notice. (d) By both parties following the complete execution by both parties of an agreement to terminate this Agreement. 7. Notwithstanding any provision of this Agreement to the contrary but subject to Subparagraph" 6 (b), in. the event this Agreement is terminated before the Department has paid the Grantee the entire Grant Amount, then the Department agrees to pay the Grantee the entire Grant amount, if the project has been completed. If the project has not been completed, the Department shall pay to the Grantee a percentage of the Grant amount equal to the percentage of the project's completion. 8. The Grantee covenants and agrees that it will 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 Grantee during the performance of the Agreement, whether direct or indirect, and whether any person or property to which the Departments or said parties may be subject, except that neither the Grantee 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 Department or any of its officers, agents or Page 7 of 10 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 faced. 13. Time is of the essence of this agreement. 14. This contract, which disburses grants and aids appropriations, is subject to the requirements of Section 216.347, Florida Statutes, and the Grantee is therefore not allowed to expend any funds received throuqh this contract for the purpose of lobbying the Florida Legislature, the Department, or any other state agency. This contract, which disbursed grants and aids appropriations, is subject to the requirements of Section 216.349, Florida Statutes, which are: (a) The Department 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 purpose of lobbying the Legislature or any state agency. (b) If the Grantee is a local government agency, nonprofit organization, or not-for- profit organization it shall: (i) for amounts $25,000 or less, have its head attest that it has complies with grant provisions, (ii) for amounts greater than $25,000 but not more than $100,000 have a grant-specific audit performed in accordance with the rules of the Auditor General or have a Page 9 of 10 ( I ) dollar will not be enforced unless the grantee requests payment. Invoices which have to be returned to a grantee because of grantee preparation errors will resul t 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 Bankinq and Finance. The duties of this individual include acting as an advocate for grantees who may be experiencing problems in obtaining timely payment(s) from a .state aqency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. Attachment H Page 1 of 7 DRAFT (Subject to Revision) AMERICA THE BEAUTIFUL (ATB) URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement, made and entered into this the day of 19_, by and between the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER S'ERVICES, a component agency of the State of Florida, hereinafter called the "Department" and , hereinafter called the Grantee. 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 Grantee 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 "1" and by reference made a part hereof; WHEREAS, the Department has awarded the Grantee an urban and communi ty forestry grant for the improvements to the project property more particularly set forth in the Grant Agreement; WHEREAS, the Grantee agreed in the Grant Agreement to maintain the project(as described in the Grant Application); Page 3 of 7 their entirety, or removing or replacing those that fall below original Project Standards. The Grantee agrees to repair, remove or 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 by parts of the same grade, size and specification as provided in the original plans for the project. Furthermore, the Grantee shall keep litter removed from the project area. The above named _functions to be performed by the Grantee 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 Grantee shall be the owner of the planting an 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 Department, if the Grantee fails to perform its duties under this Agreement or for refusal by the Grantee 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 Grantee in conjunction with this Agreement following reasonable written notice. (b). By either party following sixty (60) calendar days written notice. Page 5 of 7 under this paraqraph 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. 6. This Agreement, together with the America The Beautiful (ATB) 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. 7. This Agreement may not be assigned or transferred by the Grantee, in whole or in part without the expressed written consent of the Department. S. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the u.s. Mail, postaqe prepaid, registered or certified with return receipt requested, or by telex (FAX) or telegram: (a). If to the Department, addressed to 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 or at such other address the Department may from time to time designate by written notice to the Grantee; and (b). If to the Grantee addressed to or at such other address as the Grantee from time to . Page 7 of 7 which attests that the grant provi.sions have been complied with, (iii) for amounts greater than $100,000 have a grant-specific audit performed in accordance with the rules of the Auditor General, and (iv) have such audits, statements, or attestations filed with the Department and the Auditor General. 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 Approval as to Date, Form and Legality BY: Director, Division of Administration Name of Grantee BY: Title: Approval as to Date, Form and Legality ATTEST: (SEAL) -