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Backup Documents 07/27-28/2010 Item #16A1916A 19 MEMORANDUM Date: August 2, 2010 To: Pamela Lulich, Transportation /Traffic Ops From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2010- 132 /Urban & Community Forestry Grant Resolution and Agreement Attached please find a Certified Resolution and an original Agreement as listed above (Agenda Item #16A19), approved by the Board of County Commissioners on Tuesday, July 27, 2010. If you should have any questions, please contact meat: 252 -8411 Thank you. Enclosure ATTACHMENT G 16A19 URBAN AND COMMUNITY FORESTRY GRANT RESOLUTION 2010- 132 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY WHEREAS, trees are an important part of our community; and WHEREAS, Collier County desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, Collier County desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, Collier County wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the Board of County Commissioners Collier County, Florida and the Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida: Section 1. The Board of County Commissioners supports the development of a citizen forester program to allow continuation of the city's tree planting program. Section 2. The Board of County Commissioners hereby authorizes the County Manager to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the Board of County Commissioners of Collier County, Florida and Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS THE A DAY OF JULY, 2010. By: "-A� W. G Chairman, Fred W. Coyle ATTEST n: =y APPROVED AITp FORM: A.'Kfatzkc Attorney Item # Lam' ' r Agenda Daie ' A +/I D Date $ 1O Recd Deputy Clerk A 10 BID NUMBER: RFP DF -09 10 -59 OPENING DATE: APRIL 2 201 66 ATTACHMENT J URBAN AND COMMUNITY FORESTRY GRANT MAINTENANCE MEMORANDUM OF AGREEMENT This agreement made and entered into this the day of July, 2010, by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, hereinafter called the Department and the Board of County Commissioners - Collier County, Naples, Florida, hereinafter called the Contractor. WITNESSETH WHEREAS, the Department desires to increase the general level of knowledge of the principles of urban and community forestry by awarding funds to the Contractor for the establishment of a demonstration tree planting project as outlined in the Urban and Community Forestry grant application Number 10 -59 and Grant Memorandum of Agreement (the Grant Agreement) attached hereto as Exhibit "1" and by reference made a part hereof; WHEREAS, the Contractor agreed in the Grant Agreement to maintain the project as described in the Grant Application; WHEREAS, the Contractor by Resolution desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, herein and in Exhibit "1 ", the Grant Memorandum of Agreement, the parties covenant and agree as follows: A. The Contractor shall maintain the project in a responsible manner and with due care in accordance with the below listed Project Standards for the property at the following location: Specifically, the Contractor accepts the below listed responsibilities and duties: 1. All planting stock or replacement must be Florida Grade #1 or better. 2. Proper watering and proper fertilization of all trees /plants. 3. Keeping trees /plants as free as practicable from disease and harmful insects; 4. Proper mulching of trees and /or planting beds; 5. Keeping the premises free of weeds; 6. Mowing and /or cutting grasses to the proper length; 7. Proper pruning of all trees which includes; removing dead or disease parts of trees or (ii) pruning such parts thereof which present a hazard; 8. Removing and replacing dead or diseased trees /plants in their entirety, or removing and replacing those that fall below original Project Standards. 9. Following the Planting and Maintenance Guidelines as included herein as Exhibit A. The Contractor agrees to repair, or remove and 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, BID NUMBER: RFP /DF- 09/10 -59 OPENING DATE: APRIL 2, 2010 @2:OOP.M. including all plants, must be removed and replaced for whatever reason, then they shall be replaced with the same grade, size and specification as provided in the original plans for the project. Furthermore, the Contractor shall keep litter removed from the project area. The above named functions to be performed by the Contractor shall be subject to periodic inspections by the Department. It is the intent of the parties that the Contractor shall be the owner of the planting and other installations included and stipulated in the grant application comprising the project. B. The terms of this Agreement commence on the date of Certification of Acceptance and continue for a period of three (3) years. C. In the event this Agreement is terminated in accordance with the provisions provided in Exhibit 1, then the Contractor shall refund to the Department a pro -rated portion of the grant award based upon the following schedule: 1) If this agreement is terminated within one year of this agreement, 75 percent of the grant award; 2) If this agreement is terminated during the second year of this agreement, 50 percent of the grant award; 3) If this agreement is terminated during the third year of this agreement, 25 percent of the grant award. D. This Agreement, together with the 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. Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Signature Title Date FEID Number of Social Security Number CONTRACTOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRM Attest: ; DW HT E. BRO �'dGItk B k a !te ,tlk � QVrk i✓�'�;� y • +3 FYI, t ` i