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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-1631 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 28 29 30 31 32 33 34 35 1 Temp. Reso. #_I,�E CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--93 - A(, 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE JOINT GROUP CITIES, A GROUP OF MUNICIPAL, CORPORATIONS IN THE STATE OF FLORIDA, CONSISTING OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE AND TAMARAC, FOR ADDITIONAL FUNDING IN THE AMOUNT OF $280,871.00 FROM BROWARD COUNTY RECYCLING GRANT PROGRAM FOR SIXTH YEAR RECYCLING GRANT PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN AT WHEREAS, the City Council of the City of Tamarac, Florid deems it to be in the best interests of the citizens and resident of the City of Tamarac to authorize the appropriate city official to execute a Sixth Year Recycling Grant Agreement between th Joint Group Cities and Broward County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF TAMARAC, FLORIDA: ZFrTION 1,,,,, That the foregoing "WHEREAS" clause is her ratified and confirmed as being true and correct and is her made a specific part of this Resolution. SECTION 2-_ That the appropriate city officials are here authorized to execute an Agreement between Broward County and Joint Group Cities, a group of municipal corporations in the State of Florida, consisting of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac, for additional funding in the amount of $280,871.00 from Broward County Recycling Grant Program for Sixth Year Recycling Program, a copy of said Agreement being attached hereto as "Exhibit. SECTION 3•_ All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such. conflict. f/ 1 2 3 W, I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 31,Q TION, 4: If any c l application of this Resolution jurisdiction to be unconstin application, it shall not affe portions or applications of this SECTION _5. This Resol immediately upon its passage and PASSED, ADOPTED AND APPROVED thi. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RES,010TION asr�o form. MITCHELL S. KRAF CITY ATTORNEY 6TH YEAR RECYCLING W/ GROUP CITIES/rkt MAYOR DIST 1; DIST. 2: DIST. 3: DIST. 4: 2 Temp. Reso. # 419 ause, section, other part o is held by any court of competen �tional or invalid, in part a ::t the validity of the remaining Resolution. ution shall become effective adoption. ��day of�u� 1993. H.L. BENDER MAYOR RECORD OF COUNCIL VOT BENDE YJ M KATZ C ! M SCHUMANN C M SC REIBER C / M A BFt&LAQ1TZ F( 0 AGREEMENT BETWEEN BROWARD COUNTY AND JOINT GROUP CITIES FOR SIXTH YEAR RECYCLING GRANT PROGRAM 11 AGREEMENT BETWEEN BROWARD COUNTY AND JOINT GROUP CITIES FOR - SIXTH YEAR RECYCLING GRANT PROGRAM This Agreement for Sixth Year Recycling Grant Funds hereinafter referred to as "Agreement" is entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND 41 JOINT GROUP CITIES, a municipal corporation of the State of Florida hereinafter referred to as "CITY." WITNESSETH IN CONSIDERATION of the foregoing premises and the mutual terms and conditions herein, COUNTY and CITY hereby agree as follows: ARTICLE 1 - DEFINITIONS 1.1 AGREEMENT. This Agreement between the specified CITY and COUNTY for 1993 - 1994 Recycling Grant Program. 1.2 CITY. The municipality in the State of Florida specified in this Agreement. 1.3 CONTRACT ADMINISTRATOR. The Director of the Broward County Recycling and Contract Administration Division. 1.4 COUNTY. Broward County, a body corporate and politic and political subdivision of the State of Florida. 1.5 DEPARTMENT. Florida Department of Environmental Protection. 1.6 GRANT AGREEMENT. The Agreement between the Department and COUNTY awarding 1993 - 1994 Recycling Grant Funds to the COUNTY. E le- � 3 -l(�3 ARTICLE 2 - SCOPE OF SERVICES 2.1 CITY agrees to provide and implement the grant project(s), proposed in its Fiscal Year (FY) 1993 - 1994 grant application, hereinafter collectively referred to as "Project." The grant application listing the projects is attached as Exhibit "A." 2.2 CITY shall submit to COUNTY a detailed progress plan, hereinafter referred to as "Plan," for the Project which shall include a detailed work schedule, estimated cash flow requirements, and proposed work output measures. The Plan shall be submitted to COUNTY with this Agreement and thereafter fifteen (15) days after the close of each financial quarter for the grant period. This Plan shall be used to guide the implementation of the Project by the CITY and to monitor and evaluate the Project by COUNTY and Board. 2.3 Any equipment purchased by CITY with grant funds must be dedicated to the grant Programs for the life of the equipment. All equipment procured with grant funds will be titled and tagged to the CITY and included on CITY's asset listing. ARTICLE 3 - TERM OF AGREEMENT 3.1 This Agreement shall be effective upon execution by COUNTY and shall remain in effect until all allocated funds have been disbursed to Contract Communities but no later than January 31, 1995, unless terminated earlier pursuant to Article 7 of this Agreement. 3.2 Grant funds allocated to CITY shall be used by CITY for Project related costs incurred between October 1, 1993, and September 30, 1994, if paid by September 30, 1994. ARTICLE 4 - PROJECT FUNDING 4.1 CITY shall provide any additional funds required to fully implement the proposed Project. The budget for the Project is described and set forth in Exhibit "A." 4.2 The amount payable by COUNTY to CITY under this Agreement shall be Two Hundred Eighty Thousand Eight Hundred Seventy-one Dollars ($280,871), unless a greater amount is approved by Resolution of the Board of County Commissioners. All payments by COUNTY to CITY under this Agreement shall be. contingent upon the COUNTY receiving grant funds provided for the Grant Agreement. 4.3 To the extent the DEP pays grant funds to the COUNTY for the Project in the form of a reimbursement, the COUNTY shall reimburse the CITY such grant funds. Reimbursements shall be made by the COUNTY to the CITY within thirty (30) days of receipt of funds by the COUNTY from the Department of Environmental Protection, hereinafter referred to as "DEP." -2- 0 4.4 To the extent that the CITY does not use grant funds or adequately document spending plans in accordance with Section 1.2, the COUNTY may reallocate uncommitted funds in compliance with the recommendation of the Technical Advisory Committee, hereinafter referred to as "TAC." CITY shall have the opportunity to appear before TAC prior to a reallocation. ARTICLE 5 - REQUESTS FOR REIMBURSEMENT AND METHOD OF PAYMENT 5.1 CITY shall submit to COUNTY monthly, its request for reimbursement or report on the expenditure of allocated funds in the form of an original and one (1) copy of the Report of Recycling and Education Grant Expenditures Form, more specifically described set forth in Exhibit "B," as it may be modified from time to time in order for the COUNTY to comply with requirements of the DEP, along with copies of invoices and other expenditure support documentation as required by COUNTY. The reimbursement requests shall include all costs from October 1, 1993 to September 30, 1994. 5.2 CITY shall submit to COUNTY monthly, its recovery of recycled material report on the Monthly Recycling Report Form more specifically described and set forth in Exhibit "C," 40 as it may be modified from time to time in order to comply with requirements of the DEP, along with copies of other recovery support documentation as required by COUNTY. 5.3 CITY shall maintain accurate records of 'all Project revenue and expenditures including grant and any additional funds used and shall make available such records at all reasonable times for inspection, review, and audit by the COUNTY and DEP. COUNTY shall maintain accurate grant Agreement records and shall make available such records at all reasonable times for inspection, review, and audit by the CITY and DEP. Records shall be kept for at least three (3) years. 5.4 CITY shall include the grant funds received from COUNTY in CITY's annual audit performed under the Single Audit Act (A128). A copy of CITY's single audit shall be submitted to the Contract Administrator by March 31 of each year. 5.5 CITY shall submit to the COUNTY a report listing items purchased with grant funds costing an amount greater than Five Hundred Dollars ($500.00) within thirty (30) days after purchase of the item. 5.6 Should the DEP terminate the Grant Agreement, refuse a request for reimbursement, or demand a refund due to the COUNTY or CITY not maintaining accurate records or making non -allowable expenditures, or for any other reason, the party causing the loss shall be responsible, as between the COUNTY and CITY, for any amount lost, not reimbursed, or refunded. -3- �/__ 1?0-/&3 5.7 CITY shall submit its final request for reimbursement or report on the expenditure of Grant funds on the Report of Recycling and Education Grant Expenditures Form to COUNTY no later than September 15, 1994. 5.8 COUNTY and CITY agree to comply with DEP's rules concerning grant funds. A copy of the Grant Guidelines is included in Exhibit "D." 5.9 CITY shall notify COUNTY at least sixty (60) days prior to disposing of any piece of equipment, with an original purchase price of -Five Hundred Dollars ($500.00) or more, purchased with grant funds. COUNTY shall have the right to purchase from CITY such pieces of equipment at any time during the sixty (60) day notice period for Twenty Dollars ($20.00). ARTICLE 6 - EVALUATION AND MONITORING 6.1 CITY agrees that COUNTY will carry out periodic monitoring and evaluation activities. Such evaluation will be based on the terms of this Agreement, the Grant Agreement, Department policies, rules and regulations. 6.2 CITY shall attend quarterly meetings with COUNTY or submit written quarterly progress reports to COUNTY describing the status of Plan implementation. The failure to attend all such meetings or submit such reports shall be grounds for denial of reimbursement to CITY by COUNTY for grant expenditures. ARTICLE 7 - TERMINATION 7.1 This Agreement is subject to the availability of funds. Should funds no longer be available, this Agreement may be terminated by either the COUNTY or CITY on ten (10) days' notice. 7.2 If, through any cause, CITY fails to commence work on the Project within sixty (60) days after execution of this Agreement or fails to fulfill in a timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreement, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement or suspend payment in whole or in part by giving CITY notice and specifying an effective date at least ten (10) days before the effective date of termination or suspension. COUNTY" shall exercise such right only upon recommendation of the Resource Recovery Board. 7.3 Notwithstanding the above, CITY shall not be relieved of liability to COUNTY for damaged sustained by COUNTY by virtue of any breach of this Agreement by CITY, and COUNTY may withhold any payments to CITY, for the purposes of setoff until such time as the exact amount of damages is determined; provided such CITY damages to the COUNTY shall not exceed monies paid CITY by COUNTY hereunder. -4- 4- 53 - 1(-a .3 7.4 In the best interest of the Resource *Recovery Board's overall recycling and education program or Project, either party may terminate this Agreement upon giving thirty (30) days' notice of its intent and stating its reasons for doing so. 7.5 In the event of termination, CITY shall submit a final request for reimbursement or report on the unspent grant funds on the Report of Recycling and Education Grant Expenditures Form to COUNTY within thirty (30) days. With this final report, CITY shall return to COUNTY any reimbursed funds to CITY, by COUNTY, from the DEP for expenditures deemed not directly related to the grant funds. The COUNTY shall in turn return such funds to the DEP under the terms of this Grant Agreement. ARTICLE 8 - INDEMNIFICATION CLAUSE To the extent provided by law, CITY agrees to indemnify and save harmless and defend COUNTY, its agents, servants, and employees from and against any claim, demand or cause of action of whatsoever kind or nature as a result of any acts of CITY, its agents, servants or employees arising out of this Agreement, and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. To the extent provided by law, COUNTY agrees to indemnify and save harmless and defend CITY, its agents, servants, and employees from and against any claim, demand or cause of action of whatsoever kind or nature as a result of any acts of COUNTY, its agents, servants or employees arising out of this Agreement, and from and against any orders, judgments, or decrees which may be entered thereon and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. ARTICLE 9 - MISCELLANEOUS 9.1 SUCCESSION OF AGREEMENT. This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 9.2 EXECUTION DATE. The date of execution of this Agreement shall mean the last day upon which it becomes fully executed by CITY and COUNTY. 9.3 SURVIVAL. Any rights either party may have in the event it terminates this Agreement pursuant to the terms hereof shall survive such termination. 0 9.4 JOINT PREPARATION. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. -5- i 9.5 FURTHER ASSURANCE. CITY and COUNTY agree to execute, acknowledge, deliver and cause to be done, executed, acknowledged, and delivered all such further documents and perform such acts as shall reasonable be requested of it to carry out this Agreement and give effect hereto. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties declare their intention to cooperate with each other in effecting the terms of this Agreement. 9.6 TIME IS OF THE ESSENCE. For the purposes herein, the parties agree that time - shall be of the essence of this Agreement and the representations and warranties made are all material and of the essence of this Agreement. 9.7 CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 9.8 NO WAIVER. No waiver of any provision in this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 9.9 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Agreement. 9.10 GENDER. All terms and words used in this Agreement, despite the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 9.11 ENTIRE AGREEMENT. This Agreement incorporates and includes all prior negotiations and understandings applicable to the matters contained herein. The parties agree that this Agreement constitutes the entire understanding and agreement between the parties and supersedes previous Agreements. 9.12 MODIFICATION AND AMENDMENTS. This Agreement may not be changed, altered, or modified except by an instrument in writing signed by all parties against whom enforcement of such change would be sought. COUNTY and CITY agree to amend this Agreement to conform with changes in DEP guidelines and rules and regulations and amendments to the Grant Agreement governing the Project. 9.13 SEVERABILITY. In the event any term or provision of this Agreement shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision I on �1_ shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 9.14 EXHIBITS. All exhibits attached hereto contain additional terms of -this Agreement and are incorporated as if actually set forth herein. Typewritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 9.15 GOVERNING LAW. This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation shall be Broward County, Florida, unless otherwise. 9.16 ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by CITY without the prior written consent of COUNTY. However, the Agreement shall run to the Broward County Government or its successors. 9.17 RELATIONSHIP OF THE PARTIES. Except as set forth herein, no party to this agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party. CITY is and shall be in the performance of all work, services, and activities under this agreement independent, and not an employee, agent, or servant of COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be subject to CITY's sole discretion, supervision, and control. CITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects CITY's relationship and the relationship of its employees to COUNTY shall be that of an independent and not as employees or agents. ARTICLE 10 - NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified. The place for giving notice shall remain the same until it shall have been changed by written notice complying with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to -wit: FOR COUNTY: Broward County Office of Integrated Waste Management Recycling and Contract Administration Division Attention: Director 201 South Andrews Avenue Fort Lauderdale, Florida 33301 IV! �J FOR CITY: ARTICLE 11 - UNCONTROLLABLE FORCES �e- 93 - / 6�3 1 Neither COUNTY nor CITY shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of -the nonperforming party. It includes, but is not limited to fire, flood, hurricanes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. r Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized to execute same by Board action on the day of , 1993, and JOINT GROUP CITIES through its Mayor/Manager duly authorized to execute same. COUNTY ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Chair day of 1993. 0 4- �3-1&0 AGREEMENT BETWEEN BROWAR15 COUNTY AND JOINT GROUP CITIES FOR SIXTH YEAR RECYCLING GRANT PROGRAM Approved as to form by the Office of County Attorney, Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite-423 115 South Andrews Avenue - Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By PAMELA M. STEFFENS Assistant County Attorney ATTEST: Carol A. Evans, City Clerk t CITY By (SEAL) ` y of , 19 �3' A ed as to Attorney Mi.t 11 S . Kraft PMS:dp RECYRJGC.A01 10/11/93 93-143.07 Ea 11 rI 11 COMPLETE AND RETURN ALL PAGES OF THIS APPLICATION EXHIBIT A BROWARD COUNTY RECYCLING GRANT APPLICATION - YEAR 5 FY 94 1. NAME OF CITY: Joint Group Cities C/O City of Coconut. Creek 2. OFFICIAL ADDRESS OF CITY:_ 4800 West Copans Road Coconut Creek, FL 33063 3. TELEPHONE NUMBER: 305-973-6720 4. NAME AND SIGNATURE OF AUTHORIZED OFFICIAL: Scott Sundermeier NAME (PRINT) Si 5. NAME OF RECYCLING CONTACT PERSON: Diane Phillips„ (TAC REPRESENTATIVE) TELEPHONE NUMBER: 305-973-6720 6. EMPLOYER IDENTIFICATION NUMBER: SUMMARY OF ALL RECYCLING COSTS - YEAR 6 GRANT CITY FUNDS FUNDS PRIORITY NUMBER REQUESTED (ESTIMATED) TOTAL NO. 1: Single Family and Multi Family Recycling Program 140,000 1,800,000 1,940,000 NO. 2: Discretionary Recycling Program 60,00.0 40,000 100,000 Other Recycling Programs (No Grant funds this year) > < APPLICATION DEADLINE: WEDNESDAY, AUGUST 4, 1993 AT 5:00 P.M. RETURN ONE ORIGINAL AND FIVE COPIES TO: BROWARD COUNTY, OFFICE OF INTEGRATED WASTE MANAGEMENT 201 SOUTH ANDREWS AVENUE, 2ND.FLOOR FT. LAUDERDALE, FLORIDA 33301 ATTN: ALAN MAHAR, GRANTS MANAGER Revised 7/20/93 Page 1 of 6 Lmwltl(( Chiles Govermir . Florida Department of Environmental Protection 0 EXHIBIT B tG'3-1 3' Twin T(.\V(:rs `lfficc l(tlll(lln,; 2600 Blair Slob(, lWa(l Tallahassee, Florida 32399-2400 S�(r.tNry DEPART E= OF ENVIROMUMTAL PROTECTION RECYCLING AND EDUCATION GRANT QUARTERLY/MONTHLY REIHBURSSI:iE= REQUEST I. Grantee: 2. Grant Number: 94-04 3. Payment Request Number: 4. Expenditures S. Cumulative from from to to 6. (a) Capital Costs - Equipment (b) Capital Costs - Solid Waste Weight Scales (C) Capital Costs - Construction (d) Capital Costs - Other T. (a) Temporary Operating Subsidies - Salaries (b) Temporary Operating Subsidies - Fringe Benefits (c) Temporary Operating Subsidies - Contracts (d) Temporary Operating Subsidies - Other El. (a) Recycling Planning Studies (b) Recycling Pilot Projects 9. (a) Education Planning Studies (b) Education Pilot Projects 10. Total Expenditures 11. Grant Award 12. Prior Reimbursements 13. This Payment Request 14. Total State Payments IS. Balance c f Award Please Note: 1. use typewriter and complete items 1 thru 10 only on this page, (excluding item number 5). 2. Include a copy of any applicable contracts to this program. 0 9 • Page 2 Grant Number Payment Request Number In requesting this payment the undersigned represents that he/she is duly authorized to act on behaff of the recipient. Signature of Authorized Representative (Not Stamp) Date Please return oriainal to: Department of Environmental Protection Solid Waste Section 2600 Stair Stone Road Tallahassee, Florida 3=99-2400 08/93 Please Note: An authorized fiscal officer cannot sign off on reimbursement for himself/herself. The appropriate fiscal officer must sign this form as applicable; e.g. Level One signs for Level 2 and visa versa. Please return one (1) original and one (1) copy of your monthly report together with invoices, checks, purchase orders, contracts and transaction listings to: Broward County Recycling and Contract Administration 201 South Andrews Avenue Fort Lauderdale, Florida 33301 Att: Peter Foye, Grants Administrator E I] Z - 9,3 - / 6,,3 ExlirBIT "C" Instructions on reverse BROWARD COUNTY MONTHLY RECYCLING REPORT 1. Municipality: 2. Date: 3. Month: 4. Contact: 5. Phone: IN POUNDS PLEASE! C ityResidential 6. Sin le 7. Multi $_ Drop —oft 9. Comm'1��10.�Othe�r 11. Broker News spap er pap Glass Aluminum Cans Plastic Bottles Yard Waste -Tres low White Goods..- C $'D Other Plastics Ferrous . Non—ferrous Cardboard Office Pa er Other Paper Food Wastes Textiles Miscellaneous TOTAL gg ON tr. { .}•.;j�'�4:; . �Iy`'. -k::} y.y, } ")C-4 :`.:iYf +.+. {t:.:: - ::Y^:D+'?CZ yi=• i •..-F�•:: i.. .'j;�.y}b+: '::'Yar. -:rQ Ay�.: • >3M..4•- �'i:•::{{?i ::: •:: >::r� ;: h' .: .>. ,�} ...k... .YC.y - ::.iC'Y,.t: ::.4.y7:2: ..+4•�:tr'+R, - - - a.: c?F •: - : +P;Y .+i:+ t'l:L:F:':'-`\$�ri: .r3.}:.:<:>:.: :'�'?}Sr.?.iT!:4tQ:'+�;• '� #Units Serviced 12. Single: 13. Multi: _ ." 14. Comm'l: Average Pick—up per Unit (!_bs/Unit) 15. Sing!? —family: 16. Multi —family: 17_ Average Weekly Set Out: (Single family only) 18_ Number of Drop —Off locations lonrpt s EXHIBIT, .•� " TO I * L"W11111 Chiles G O V r 1l1111 r EXHIBIT D Florida Department of Environmental Protection `('win Towers Office l3uiltlinc 2600 Blair Stom, Road 'I'allah 2399 ,•Ir,K111iM ti, �°I•tllrrrll ativrr., Florida 3 -?4UU �r.•r1•t11rr RECYCLING & EDUCATION GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION I. Grant Number: RE94-04 Date of Award: August 31, 1993 3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT 4. Grant Period: October 1, 1993 - September 30, 1994 S. Grant Amount: $2,367,533 Recycling and Education Base Portion: $G21,645 Incentive Portion: $1,745,888 Total Grant Amount: $2,367,533 6. Grantee(s): BROWARD Address: Broward County Office of Integrated Waste Management 201 South Andrews Avenue Fort Lauderdale, Florida 33301 7. Federal Employer Identification Number: 59-6000531 8. Authorized Representative: Name: B. Jack Osterholt Title: County Administrator Phone: - --. (305) 357-7350 9. Contact Person: Name: Peter Foye Address: 201 South Andrews Avenue Fort Lauderdale, Florida 33301 Phone: (305) 765-4210 10. Total population of Grantee(s) from official April 1, 1992 Population Estimates: 1,294,090 11. Issuing Office: Bureau of Solid and Hazardous Waste Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399 - 2400 904/922-6104 PART II - GRANT CONDITIONS A. GENERAL CONDITIONS: I. The method of payment, for the period --October 1, 1993 through September 30, 1994, will be on a reimbursement basis only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail- sufficient for preaudit and post audit review. 3. Grant funds may be expended through September 30, 1994. A final reimbursement request must be submitted no later than October 31, 1994. 4. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. 5. Expenditures shall be limited to allowable items as listed in Section 17-716.430 of the Solid Waste Grants Program Rule: (a) Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costs approved by the Department. (b) Grant funds may also be used for operating subsidies, provided that the applicant shall demonstrate that such a use is necessary for the -success of the recycling program, and shall show how the subsidy will benefit the program. (c) Recycling grant funds shall be used for projects to assist local. governments in recycling paper, glass, plastic, construction and demolition debris, white goods, and metals and in composting and recycling the organic material component of municipal solid waste. (d) Solid waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies to assess the feasibility and success of the recycling and education programs. (e) All existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government recycling program. Funds shall not be used for duplicating _ existing private and public recycling programs unless the applicant demonstrates that such existing programs cannot be integrated into the planned recycling program. 6. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida Statutes and the Florida Administrative Code. 7. Allowable costs may be charged to this agreement beginning either October 1, 1993, or the date this agreement is fully executed, whichever date is later. 8. Grant funds shall be included in the grantee's Annual Audit performed under the Single Audit Act (A128). Any subgrants made by the grantee shall also include a provision for the subgranted funds to be included in the subgrantee's Annual Single Audit. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 31st of each year. 9. The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award or the Solid Waste Grants Program Rule 17-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant award. 10. Grantee shall obtain all necessary construction -related permits before initiating construction. 11. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 12. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. 13. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 14. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. 0 9 C� Grant # RE94-04 OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the local government (s) of Broward County and the -Cities of Coconut Creek, Cooper City, Coral Springs, Dania, Davie, Deerfield Beach, Ft. Lauderdale, Hallandale, Hillsboro Beach, Hollywood, Lauderdale -by -the -Sea, Lauderdale, Lakes, Lauderhill, Lazy Lake Village, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Sea Ranch Lakes, Sunrise, Tamarac, and Wilton Manors. for all allowable costs incurred'up to and not exceeding $ 2,367,533. Grant Application dated 06/22/93 included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: Virginia S. Wetherell Date Secretary °eOpllKr:r�yf In accepting this award and any g-aWeq s'made•ZPvrsuapt thereto, (I) the undersigned represents that ;� e=.;i s dulyjuthoU,i zed to act on behalf of the recipient county,aagd; (2) ,t.0-,reci ,ient";agrees to the general and special conditions. 5IGNA�E�RACI IE)lT C*fY. �� Signature of Authorized Representative pate B. JQI- Osterholt County Administrator [19 F OF ,THE 41 Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section 2600 Blair Stone Road Tallahassee, Florida 32399-2400