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Mango Festival Cancelled e-mail Miami-Dade County Parks,Recreation, and Open Spaces Department TREE PLANTING REPORTING AGREEMENT This Interlocal Agreement (the "Agreement") is made and entered into this 20 day of May ,20 I , between City of Miami Beach (the "Municipality") and Miami-Dade County(the"County"),hereinafter called the"County." Recitals WHEREAS, the Board of County Commissioners of Miami-Dade County, through Resolution No. R-475-18, directed the County Mayor or County Mayor's Designee to develop an interlocal agreement, to be entered into between the County and municipalities located within Miami-Dade County, for municipalities engaged in tree planting to provide periodic reports to the County regarding their tree plantings; and WHEREAS, the purpose of the Resolution and this Agreement is to encourage municipalities located within Miami-Dade County to provide periodic reports to the County (no less than quarterly)regarding the number of trees planted within their municipality; and WHEREAS, Neat Streets Miami is desirous of receiving accurate and timely data regarding tree plantings from municipalities; and WHEREAS, this Board desires to assist Neat Streets Miami in obtaining accurate and timely data from municipalities; and WHEREAS, the County and the Municipality desire to undertake such activities, NOW THEREFORE, the County and Municipality agree as follows: Terms and Conditions of Agreement Municipality's Responsibilities. The Municipality shall be responsible for providing periodic reports to the County(no less than quarterly)regarding the number of trees planted within the municipality to include the number of trees planted and the species of the trees planted. County's Responsibilities.The County shall be responsible for compiling and maintaining a listing of the number and species of trees planted by the Municipality, based upon the information provided by the Municipality, and will provide the Municipalities that participate in the reporting program an annual report on the number and species of trees planted in Miami-Dade County by the program participants. 1 in Indemnification.The Municipality shall indemnify and hold harmless the County its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of • any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Municipality or its employees, agents, servants, partners principal or subcontractors. The Municipality shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may issue thereon. The County shall indemnify and hold harmless the Municipality and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Municipality may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the County. Provided, however,this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statutes. Q Term and Termination.The Agreement shall remain in effect for a three-year period. The County or Municipality may terminate this Agreement for any reason, including for its own convenience,by written notice, without any liability to either party. The County and Municipality may renew the Agreement for additional three-year periods upon mutual agreement of the parties. 2 Assignment. This Agreement is non-transferrable and non-assignable in whole or in part without the written consent of the County and the Municipality. Compliance with Laws. The County and Municipality agree that each party shall, at all times, comply with all applicable local, state, and federal laws, ordinances, codes, statutes, and rules and regulations. 15) Authority of Signatories.The undersigned executing this Agreement on behalf of the Municipality represents and warrants that he/she has authority to bind the Municipality under this Agreement. [EXECUTION PAGE FOLLOWS] 2 r , ,*, IN WITNESS WHEREOF, the parties hereto have caused these present to be executed on the day and year first written above. I NAME OF i ICIPALI 1 City of Miami Beach + - j I 0O� BY: DATE: Municipality!' ;•.resen iv,'s Signature PRINT NAME Jimmy L. Morales APPROVED AS TO FORM & LANGUAGE • TITLE: City Manager & F R EXECUTION ,..\ .., (--- 3_ is,ic1 . • City Attorney Date � MIAMI-DADE COUNTY,FLORIDA : -- 4 -- - DATE: Mayor Miami-Dade County LEGAL SUFFICIENCY: / � b ATE: (/91 t (7 County Attorney • i I I 3 1