HomeMy WebLinkAboutCity of Tamarac Resolution R-79-232Introduced by: L
TEMP. NO. 1422
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R — 3 Y
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
STATE DEPARTMENT OF NATURAL RESOURCES FOR
AQUATIC PLANT CONTROL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
A FLORIDA:
7 SECTION l: That the appropriate City Officials are
8 hereby authorized to execute an agreement for funds with the State
9 of Florida, Department of Natural Resources, for aquatic plant
10 control.
11 SECTION 2: This Resolution shall become effective
12 immediately upon its adoption.
13 PASSED, ADOPTED AND APPROVED TH
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ATTEST:
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I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT 1:
DIST iCT 2:
DISTRICT 3:
DISTRICT 4:
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Aquatic Plant Control Agreement
Between the
Department of Natural Resources
and
City of Tamarac
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, a district, special district or other local
authority charged with the responsibility of controlling or
eradicating noxious aquatic plants within its jurisdiction.
'WHEREAS, the Cooperator has on hand the amount of local funds
designated herein for an aquatic plant control program; and
WHEREAS, such local funds are sufficient to match this fiscal
year's state funds allocation on an equal percentage basis as
required in subsection 372.925.(5) and 372.932.(6), Florida
Statutes.
In consideration of the mutual promises contained herein, the
parties hereto agree as follows:
I. . Pursuant to a complete and accurate application for
state aquatic plant control funds that has been approved,
the Cooperator shall conduct its aquatic plant control
program in accordance with Sections 372.925 and 372.932,
Florida Statutes, and the rules of"Chapter 16C-15, Florida
Administrative Code.
II. The Cooperator agrees to expend $48,556 dollars during
Fiscal Year 1979/80 for aquatic plant control. Such amount
constitutes local funds.
III. The Department agrees to make available in accordance with
Sections 372.925 and 372.932, Florida statutes,$17,238
dollars to the Cooperator to be used by 'the Cooperator for
aquatic plant control during Fiscal Year 1979/80. Such
amount provided by the Department constitutes state funds.
IV. The Cooperator agrees to expend $65,794 dollars ex-
clusively for aquatic plant control during Fiscal Year
1979/80.
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Such amount consists of the total amount of local funds
and state funds made available to the Cooperator for
aquatic plant control during Fiscal Yeax 1979/80 and
constitutes the total budget. The Cooperator shall expend
the total budget sum for the sole purpose of controlling
noxious aquatic plants in eligible waters within the
Cooperator's jurisdiction.
V. Cooperator agrees to expend total budget funds for aquatic
plant control activities in accordance with Sections 372.
925 and 372.932, Florida Statutes. Any state funds expend-
ed by the Cooperator in violation of Sections 372.925 and
372.932, Florida Statutes shall be reimbursed to the Depart-
ment upon written request.
VI. Cooperator agrees to expend state funds in accordance with
the provisions of 16C-15.06, relating to direct costs.
In the event such state funds are not properly expended,
that portion of such state funds improperly expended shall
be reimbursed to the Department within sixty (60) days of
a written request for reimbursement. The Executive Director
of the Department shall have the additional right to request
reimbursement of state funds by the Cooperator upon deter-
mination that the Cooperator:
(1) is not performing aquatic plant control operations
in accordance with approved control techniques or
the approved operations program;
(2) is expending state funds in violation of Chapter
16C-15,Florida Administrative Code; or
(3) is expending state funds in violation of any of the
provisions of this Agreement.
VIT. Any false or fraudulent statement by the Cooperator on the
application for state funds will be considered a breach of
• this entire Agreement and will be cause for reimbursement
to the Department of all state funds expended.
Viii. 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 of the parties to enforce the same.
No waiver or modification of any provision of this Agree-
ment 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.
This Agreement shall become effective on the date of the
signature of the Executive Director of the Department and
shall remain in full force and effect until the end of the
fiscal year of the Cooperator or until cancelled as provided
herein by either party.
For the Cooperator:
TWO WITNESSES:
Signatur
Marilyn Bertholf
Name typed
(2) = �
Signa re
Lucy K. Curtis
Name typed
For the Department:
WITNESS:
Signature
Name typed
Ll
Authorized Person:
Si to e
WALTER W. FALCK
Name typed
MAYOR, CITY OF TAMARAC, FLORIDA
Title
OCTOBER 4, 1979
Date
Signature
Name typed
Title
Da