HomeMy WebLinkAboutCity of Tamarac Resolution R-79-019Proposed by:_`��d- e
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CITY OF TAMARAC, FLORIDA
RESOLUTION N0. / - 7 i?-&
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AQUATIC PLANT CONTROL AGREEMENT, BETWEEN THE
STATE OF FLORIDA, DEPARTMENT OF NATURAL RE-
SOURCES; AND THE CITY OF TAMARAC. _
WHEREAS, the State of Florida, Department of Natural Resources, has
informed the City of Tamarac, that application for Aquatic Plant Control Funds
has been approved, and the City is entitled to receive $11,034.00 in matching
funds; and
WHEREAS, Agreement has been received from the State of Florida, De-
partment of Natural Resources, to be duly executed by the proper City Official.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That appropriate City official is hereby authorized
to execute said Agreement, copy of which is attached as Exhibit "A".
PASSED, ADOPTED AND APPROVED this day of January, 1979.
0
ATTEST:
ASS . CITY CLERK
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of this RESOLUTION.
►► �,i CITY �!�_
ATTORNEY
VICE MAYOR
RECORD OF COUNCIL VOTE
MAYOR W. FALCK
V/M H. MASSARO ep
C/M H. WIENER __ *X
C/M I.M. DISRAELLY
FI/ H- IJA "
Rep. I ! I
Aquatic Plant Control Agreement
' This Agreement, by and between the State of Florida Department
of Natural Resources, hereinafter referred to as the
Department, vested with the authority to direct the control,
eradication and regulation of noxious aquatic plants, and
City of Tamarac hereinafter referred
to as the Cooperator, the local authority charged with the
responsibility of controlling or eradicating noxious aquatic
Plants within its jurisdiction.
As stated herein the following words and phrases shall have
the following meaning:
(a) "State funds" means those funds provided by the Department
in accordance with Section 372.925 and 372.932, Florida
Statutes.
(b) "Local funds" means those funds, exclusive of state funds,
used for aquatic plant control.
(c) "Aquatic plant control funds" means the total state funds
and local funds referred to in this Agreement.
(d) "Total budget" means the Cooperator's approved budget
of local funds plus anticipated needs for state funds.
(e) "Maintenance program" is a method for the control of
noxious aquatic plants in which control techniques are
utilized in a coordinated manner on a continuous basis
in order to maintain the plant population at the lowest
feasible level for that particular situation.
(f) "Aquatic plant" is any plant growing in, or closely
associated with, the aquatic environment and for the
Purpose of this Agreement will include the following:
1. "Floating aquatic plant" is a plant which spends
a major portion of its life cycle on the surface of
water unanchored to the bottom substrate, i.e.
water hyacinth, water lettuce, etc.
2. "Emersed aquatic plant" is a plant which spends a
major portion of its life cycle in water anchored
to the bottom substrate, but with major growth areas
also extending above water, i.e. cattails, pickerelweed,
etc.
3. "Submersed aquatic plant" is a plant which spends the
major portion of its life cycle in water, which may
or may not be attached to the bottom substrate, but
has few, if any, major parts extending above water,
i.e. hydrilla, cabomba, coontail, etc.
4. "Ditchbank aquatic plant" is a plant which spends the
major portion of its life cycle in water or adjacent
to water areas, and will tolerate long periods of
inundation, i.e. torpedo grass, primrose willows, etc.
5. "Ditchbank area" -is the immediate slope area adjacent
to a water body within which ditchbank aquatic plants
occur that may influence water usage, but does not
include those areas such as intermittent water drainage
ditches built to remove run-off from transportation
systems, i.e. highways, parking lots, etc.
Whereas, the Cooperator has on hand funds for an aquatic plant
control program, and
Now therefore, the terms and conditions of said Agreement are as
follows:
Pursuant to an application for state funds which the Cooperator
warrants is complete, accurate, and in agreement with Sections
372.925 and 372.932, Florida Statutes, and Chapter 16C-15, Florida
Administrative Code, the Cooperator shall:
(a) Conduct its aquatic plant control operations on a maintenance
program basis in compliance witha current fiscal year total
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budget, which is attached hereto and made a part of this
Agreement by reference.
(b) Establish and maintain an accurate and up-to-date accounting
system to include a separate account number or line item for
aquatic plant control funds.
(c) Submit to the Department quarterly reports indicating actual
aquatic plant control measures taken, expenditures, and un-
expended budget balance.
(d) Submit -to the Department within ninety (90) days after the
end of the fiscal year an annual report indicating actual
aquatic plant control measures taken, successes achieved and
expenditures for the fiscal year.
(e) Not expend, for fixed capital outlay projects, funds included
in the total budget.
(f) Permit inspection of the appropriate books, records, and
premises pertaining to the approved aquatic plant control
program by representatives of the Department, at any
reasonable time.
Where aquatic plant control equipment is used, in part, for aquatic
plant control activities, a proportionate share of the cost of the
equipment, based upon the percent of time used in aquatic plant
control, may be charged against aquatic plant control. Equipment
logs or other documentation required by the Department shall be
maintained by the Cooperator to support the cost applicable to the
use of any equipment in aquatic plant control.
The funds included in the total budget shall be expended for the
sole purpose of controlling noxious aquatic plants in public waters
within the Cooperator's jurisdiction. In the event expenditures are
not made in accordance with the total budget, that portion of such
expenditure paid with state funds shall be reimbursed to the Departmer
within sixty (60) days after written request. The Department shall
have the right to request reimbursement of state funds upon
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determination that the Cooperator is not performing aquatic plant
control operations in accordance with the approved operations
program; or for any material breach of this Agreement; or for any
violation by the Cooperator of Section 372.925 or Section 372.932,
Florida Statutes, or Chapter 16C-15, Florida Administrative Code.
All reimbursements shall be made by certified check.
Any false or fraudulent statement by the Cooperator on the application
will be considered a breach of this entire Agreement and will be
cause for reimbursement to the Department of all state funds provided
hereunder.
Failure to enforce any of the provisions of this Agreement shall not
be considered a waiver, operate to discharge, or render inoperative
any of the provisions of this Agreement or impair the right to the
parties to enforce the same.
No waiver or modification of any provision of this Agreement shall
be made without prior written approval of the parties hereto.
Either party may cancel this Agreement upon thirty (30) days written
notice of intent to cancel to the other party. In the event of
cancellation, by either party, the Department's pro rata share of
any unexpended funds shall be returned to the Department.
This Agreement will remain in full force and effect until cancelled as
provided herein by either party.
For the Cooperator:
Gr-
For the Department:
WITNESS:
- . 0"-
Signature
Name (typed or printed
vi
Title
Da
Signature
Name (typed or printed)
Title
Date
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1
Aquatic Plant Control Budget
for the Fiscal Year Ending
September 30, 1979
City of Tamarac
Local Funds
This is the amount of local funds,
exclusive of state funds, the Cooperator
agrees to expend for aquatic plant
control during FY 1978-79.
State Funds
This is the amount of funds provided
by the Department of Natural Resources
in accordance with Sections 372.925 and
372.932, Florida Statutes. These funds
have been allocated for the Cooperator
to be used for aquatic plant control
for FY 1978-79.
3. Total Budget
This is the total amount of local and
state funds the Cooperator agrees to
expend exclusively for aquatic plant
control for FY 1978-79.
(SEAL)
WITNESSa
Sit 4" �t� . 0 A e� I&WOOO
ignature - e, T� ,g-7-16 r oel Signature
$ 36,781
$ 11,034
$ 47,815
we M A ss 4-P 0
Name (typed) Name (typed) ,
V
Title
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