Loading...
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 SECTION 3 All resolutions or parts of resolutions 1 conflict herewith are hereby repealed to the extent of suc conflict.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 ha approved t is R SOL ON a t� �-'AtTCHELL S. K FT 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 0 0 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 L -a • 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 -2-• C� 0 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 -3- 1 11 0 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 .0 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: —5— S. KRAFT, CITY