HomeMy WebLinkAboutCity of Tamarac Resolution R-92-186Temp. Reso. # 6396
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92-1?)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY
OF TAMARAC RELATING TO DISBURSEMENT OF FUNDS
IN THE AMOUNT OF THIRTY THOUSAND DOLLARS
($30,000.00) FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT FOR MEDIAN
BEAUTIFICATION IN "THE BOULEVARDS"
NEIGHBORHOOD IN TAMARAC, FLORIDA; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Assistant City Manager Dina McDermott prepared
grant application for the beautification of medians within "Th
Boulevards" neighborhood, in Tamarac, Florida under the Browar
County Tree Trust Program; and
WHEREAS, the grant application was submitted and presented t
the Broward County Tree Trust Preservation Grants Committee o
September 15, 1992; and
WHEREAS, the Broward County Tree Trust Preservation Grant
Committee accepted and approved this grant application and fundin
for "trees only" in the amount of Thirty Thousand Dollar
($30,000.00); and
WHEREAS, the City of Tamarac is required to enter into a
Agreement that governs the disbursement of grant funds to financ
the approved project; and
WHEREAS, the City of Tamarac is required to assume sol
responsibility for the installation, management and maintenance o
the trees on all medians in The Boulevards neighborhood; and
WHEREAS, the Tamarac City Council hereby agrees that thi
project will benefit the residents of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T
CITY OF TAMARAC, FLORIDA:
SECTION 1- The foregoing "WHEREAS" clauses are here
ratified and confirmed as being true and correct and are here
made a specific part of this resolution.
Temp. Reso. # 6396
SECTION 2 z That the City Council of the City of Tamar c
authorizes the appropriate City Officials to execute the attach
Agreement (a copy of which is attached hereto and made a pa
hereof as Exhibit "A").
SECTION 3 All resolutions or parts of resolutions 1
conflict herewith are hereby repealed to the extent of suc
conflict.
SECTION 4: If any clause, section, other part o
application of this Resolution is held by any court of competen
jurisdiction to be unconstitutional or invalid, in part o
application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION_5— This Resolution shall become effectiv,
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this �-6 ay of nbue rr-b-K; 1992.
G.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
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CITY ATTORN
(The B1vds./dn)
H.L. BENDER
MAYOR
RECORD OF COUNCIL VO*
MAYOR_. . BENDER
DISTRICT 1: C/M I<ArZ
DISTRIC;T2: V/M SCH N�11, NP _
DISTRICT 3: rIrt4 GHR -I R
DISTRICT 4: C/M ABRAMOWITZ
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AGREEMENT
Between
OWARD COUNTY
and
CITY OF TAMARAC
Relating to
DISBURSEMENT OF CERTAIN FUNDS FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST ACCOUNT
FOR THE DOULEVARDS ROAD BEAUTIFICATION PR GRAM
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AGREEMENT
Between
BROWARD-COUNTY
and
CITY OF C
Relating to
DISBURSEMENT OF CERTAIN FUNDS FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST ACCOUNT
FOR THE BOULEyARN
This is an Agreement between: BROWARD COUNTY, a political
subdivision of the state of Florida, its successors and assigns,
hereinafter referred to as "COUNTY,"
AND
•CITY OF TAMARAC, a Florida municipal corporation, its
successors and assigns, hereinafter referred to as "CITY."
W I T N E S S E T H:
WHEREAS, Chapter 33 J, Broward County Code of Ordinances,
established the Broward County Tree Preservation Trust Account for
deposit of funds paid in lieu of the planting of trees displaced by
development within Broward County; and
WHEREAS, the Broward County Board of County Commissioners
established the Broward County Tree Preservation Trust Account
Committee for the purpose of considering proposed plans and making
appropriate recommendations for the expenditure of Tree
Preservation Trust Account monies; and
WHEREAS, the CITY has submitted an application for
disbursement of Thirty Thousand Dollars ($30,000.00) from the
Broward County Tree Preservation Trust Account for the purpose of
the installation of trees as part of the Boulevards Road
beautification program within the CITY; and
WHEREAS, on September 15, 1992, the Broward County Tree
Preservation Trust Committee reviewed the plans submitted by the
CITY and unanimously approved the plans and request; and
WHEREAS, the COUNTY and CITY wish to enter into an agreement
to govern the disbursement of monies to finance the approved
project; NOW, THEREFORE,
•
IN CONSIDERATION of the mutual terms and conditions, promises
and covenants hereinafter set forth, COUNTY and CITY agree as
follows:
1. The foregoing recitals are true and correct.
2. The COUNTY agrees to disburse to the CITY the sum of Thirty
Thousand Dollars ($30,000.00) from the Tree Preservation Trust
Account Funds.
3. The CITY agrees that the approved monies shall only be used to
finance the proposed project as outlined in the CITY'S
applications and plans. A copy of the CITY'S site plan for
the proposed project is attached as Exhibit "A."
4. The CITY agrees to do the following:
(a) Submit to the Tree Preservation Trust Fund Committee
documentation of the CITY'S disbursal of the funds
provided under this Agreement for the approved project
within sixty (60) days of disbursal.
(b) Return any unused funds to the Tree Preservation Trust
. Account within twelve (12) months of the date of this
Agreement.
(c) Maintain books, records and documents in accordance with
accounting procedures and practices which sufficiently
and properly reflect all expenditures of funds provided
by COUNTY under this Agreement.
(d) Assure that these records shall be subject to inspection,
review or audit at local level by duly authorized COUNTY
personnel.
(e) Retain all financial records, supporting documents,
statistical records, and any other documents pertinent to
this Agreement for a period of three (3) years after
termination of this Agreement, or if an audit has been
initiated and audit findings have not been resolved at
the end of three (3) years, the records shall be retained
until resolution of the audit findings.
5. The CITY agrees to assume sole responsibility for the
management and maintenance of the trees at Boulevards Road as
identified in the site plan attached hereto as Exhibit "A."
6. CITY and COUNTY agree that CITY will notify COUNTY, in
writing, within thirty (30) days after completion of the
project, and COUNTY shall perform a final inspection of the
project to ensure that the .installation conforms to the site
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plan attached hereto as Exhibit "A," and with the intent of
the Tree Preservation Ordinance, Chapter 331. §§ 33;-1 through
33'-12, Broward County Code of Ordinances.
7. It is understood and agreed that in the event any person, firm
or corporation should sustain damages or claim to have
sustained damages by reason of the transfer of funds
hereunder, or by reason of the CITY' S use of funds transferred
to CITY hereunder, CITY agrees to indemnify and hold harmless
COUNTY for all costs, losses, expenses and damages to persons
or property, including but not limited to judgments, costs and
attorney's fees arising out of and in connection with the
claim or cause of action, and if called upon by COUNTY, CITY
shall take over and defend COUNTY, in addition to itself, at
no cost and expense to COUNTY. This paragraph shall not be
construed as waiving any defenses, including the defense of
sovereign immunity, of COUNTY or CITY to any action.
S. Whenever either party desires to give notice to the other, it
must be given by written notice, sent by registered or
certified United States mail, return receipt requested,
addressed to the party for whom it is intended, at the place
last specified and the place for giving notice shall remain
the same until changed by written notice in compliance with
the provisions of this paragraph. For the present, the
parties designate the following as the respective places for
giving notice, to wit:
TO BROWARD COUNTY
County Administrator, Broward County
Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC RELATING
TO DISBURSEMENT OF CERTAIN FUNDS FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT FOR THE BOULEVARDS ROAD
BEAUTIFICATION PROGRAM
IN WITNESS WHEREOF, the parties have made and executed
this Agreement on the respective dates under each signature:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Chairman or vice Chairman,
authorized to execute same by Board action on the day of
, 19 , and the CITY OF TAMARAC, signing by and
through is Mayor --Commissioner and City Manager, duly
authorized to execute same.
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of the Chairman
Board of County Commissioners
of Broward County, Florida
day of
19
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
Barbara S. Monahan
Assistant County Attorney
QC
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC RELATING
TO DISBURSEMENT OF CERTAIN FUNDS FROM THE BROWARD COUNTY TREE
PRESERVATION TRUST ACCOUNT FOR THE BOULEVARDS ROAD
BEAUTIFICATION PROGRAM
WITNESSES:
vim
ATTEST:
CAROL A. EVANS, CITY CLERIC
(CORPORATE SEAL)
&/19/92
j:\data\div2 \bsm\tam&r&c-41
#91-297
CITY OF TAMARAC
Y day of , 19-4-a.-
L91-11-Y-1 -
OHN P . IME. �,TY MANAGER
day of dY , 19
APPROVED AS TO FORM:
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S. KRAFT, CITY