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HomeMy WebLinkAbout2014-08-18-Resolutions 14-218_Plant Some Shade Program - Memorandum of Understanding - IDNRTHE CITY OF WAUKEE,IOWA RESOLUTION 14-218 APPROVING OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WAUKKK AND THE IOWA DEPARTMENT OF NATURAL RESOURCES [PLANT SOME SHADE PROGRAM] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUEEE,IONIA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the Plant Some Shade residential tree program provides low-cost and desirable landscape trees for residents to purchase and plant on their property for long-term community reforestation„ AND, WHEREAS,the Iowa Department of Natural Resources has provided a Memorandum of Understanding,attached hereto as Exhibit A,addressing Waukee's participation in the Plant Some Shade Program. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 18 ' day of August,2014,that it hereby approves Memorandum of Understanding between the City of Waukee and the Iowa Department of Natural Resources [Plant Some Shade P ogram]. illiam F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X X X NAY ABSENT ABSTAIN ML&MORANDUM OF UNDr&RSTANDING (MOU) THIS AGREEMENT is made on August 8,2014 between CITY OF WVAVKEE (hereafter referred to as "City of Waukee")and THE IOWA DEPARTIVIE&NT OF NATURAL RESOURCES (hereafter referred to as "Depaitnient"). Depaitinent agrees to pay City of Waukee the foHo&&ving: 1.An anfount not to exceed one thousand dollars ($1000.00)to handle aH administrative costs associated with handling applications,promotions and distribution day expenses. 2.The poition of the total cost of the nursery expenditures that is not covered by customer receipts,not to exceed $4,500,for approximately 150 trees during the fall of 2014 fo implement a residential tree distribution project in cooperation with the Iowa Department of Natural Resources for MidAmerican Energy customers in Waukee and the surrounding region. City of Waukee shall use the funds provided pursuant to numbered paragraph hvo above and resident paiticipation fees to pay any invoices associated with the purchase of approximately 150 landscape trees from local nurseries and garden centers.City of yankee shall sell the landscape trees for an amount not to exceed $30 00 each to IvlidAmerican Energy customers ln atid around the yankee region during the fall of 2014.The Depaitment sliall not pay for any costs associated with landscaping or providing any other plant installation services.Any material variation fi'om these projects and amounts shaH require the prior written consent of the Depa«inent. The finids provided by MidAmerican Energy's Plant Some Shade Program to the Depaitnient shall be provided to City of Waukee after receipt of original hivoice for the $1000,00 for administration plus the poition of the total cost of the nursery expenditures that is not covered by customer receipts.Copies of nurseiy receipts and final accomplis}nnent repoit must be included. An original invoice on City of Waukee's official lefterhead shall conform with the requirements of Iowa Code section gA,514,and shall include City of Waukee's Federal Identification Number and be signed and dated in ink,Final repoits must include accomplishmenfs to date and accounting which details how the funds provided by MidAmerican Energy through the Department were spent to date,City of Waukee wlH do tins by providing an Excel (or similar.program) spreadsheet listing Waukee region —MidAmerican Energy customer paiticipation and copies of all invoices for tree purchases.The Depaitment shall not be subject to late fees.For processing send all invoices and reports within 30 days after pioject completion to: Iowa DNR —Forestiy Bureau Attn:Matt Brewer Wallace State Office Building 502 East 9'"Street Des Moines,IA 50319-0034 The Depaitinent shall be entitled to review City of yankee's financial records relating to Plant Some Shade in iVaukee. City of Waukee agrees to maintain adequate accounting records and allow authorized officials of the Department to examiiie financial records peitaining to this Agreement.This examination of the records can be completed at reasonable times and for a period of f luce years after the termination of this Agreeinent. This Agreement shall terniinate upon project completion,or December 31,2014,whichever occurs first.The Department reserves the right to termiuate the Agreement,upon sixty days'notice,in the event adequate funds are not appropriated or granted to allow fhe Department to operate as required and to fiilfill its obligations under this Agreement;funds are de- appropriated or not allocated or if funds needed by the Department,at the Depa«ment's sole discretion,are insufficient for any reason;the Depaitment's authorization to operate is withdrawn or there is a material alteration in the programs administered by the Depaitment;the Depaitment's duties are substantially modified not to include management of this Program. Nothing in this Agreement shall be construed to create joint or several liability of a party hereto for the acts,omissions or obligations of the other paity.Each paity shall be liable only for its own acts and the parties shall have such rights of indemnify and contribution among themselves with respect to this Agreenient and the undertakings hereunder as shall be permitted by law and consistent with the provisions of this Agreement.Each party agrees to save and indemnify and hold harmless,the other party,its officers and employees against all liabilities,judgments,costs and expenses &vhich the parties may incur or which in any way results from the acts,omissions,carelessness or neglect of either painty,as may be allowed by Iaw. This Agreement shall be governed by,construed and enforced in accordance with the laws of the State of Iowa.Nothing herein shall be construed to relieve any party of any obligation or responsibility imposed upon it by Iaw,City of Waukee, its employees,agents,and subcontractors shall comply with all applicable federal,state,and local laws,rules,ordinances, regulations and orders when.performing the services under this Agreement,including without limitation,all laws applicable to the prevention of dismimination in employment and the use of targeted small businesses as subcontractors or suppliers,City of Waukee,its employees,agents and subcontractors shall also comply with all federal,state and local laws regarding business permits and licenses that may be required to carry out the work performed under this Agreement. The Depaitment and City of Waukee shall mutually agree upon an appropriate method of recognizing MidAmerican Energy for its provisions of funds hereunder. This Agreenient supersedes all prior Contracts or Agreements behveen the DNR and City of Waukee for the services provided in connection with this Agreement. The following documents,and any amendments thereto existing on the date this Agreement is signed by DNR,are incorporated into this Agreement b&this reference:(I)the Request for Proposal.In the case of any inconsistency or conflict between the provisions of this document,the RFP,the inconsistency or conflict shall be resolved as follows:first, by giving preference to the provisions of this document;and second,by giving preference to the provisions of the RFP, Nothing in this Agreement entitles City of Waukee to additional funds not contemplated within this Agreeinent or additional contracting opportunities with the I&epartment. B&'their signahues below,the representatives of the respective paities confirm that this Agreement has been approved and its execution authorized by the respective duly authorized ofticers or governing bodies of the paities as of the last date written below, CITYOF W UKKK IO DEPARTMENT OF NATURAL RESOURCES William .P'card,ayor ob 9 k(8 Date Paul Tauke,Forestry Bin'eau Chief Sli~/~ Date