HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-041Temp. Reso. # 12181
March 14, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012 %
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING THE RESOURCE
RECOVERY BOARD, SINGLE -STREAM RECYCLING
GRANT IN AN AMOUNT OF $588,312.04; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE
RESOURCE RECOVERY BOARD FOR THE SINGLE -
STREAM RECYCLING CART GRANT FUNDS;
AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR
PROPER ACCOUNTING PURPOSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, through an Interlocal Agreement with Broward
County for Solid Waste Disposal Services (Interlocal Agreement) is a member and one of
the Contract Communities that make up the Broward Solid Waste Disposal District
(District), the Interlocal Agreement is incorporated herein by reference and on file in the
office of the City Clerk; and
WHEREAS, the Resource Recovery Board (RRB), the governing body of the
District, in an effort to stimulate recycling in Broward County, has set aside funds totaling
$20 million eligible expenses related to single -stream recycling, including the purchase of
roll -out recycling carts; and
WHEREAS, the City of Tamarac is eligible for $588,312.04 in grant funds for single -
stream recycling carts; and
WHEREAS, effective October 1, 2011, the City executed an Agreement for
Residential Solid Waste Service which included the provision and distribution of residential
Temp. Reso. # 12181
March 14, 2012
Page 2
recycling carts, via Ordinance 0-2011-07, which is incorporated herein by reference and on
file in the office of the City Clerk; and
WHEREAS, it is the recommendation of the City Manager and Director of Public
Services that the grant in the amount of $588,312.04 from the RRB be accepted; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept the RRB
Grant in the amount of $588,312.04 for the distribution of single -stream recycling carts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS' clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof and all exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2: The Resource Recovery Board Grant for Single -Stream
Residential Recycling Carts in the amount of $588,312.04 is HEREBY accepted.
SECTION 3: The appropriate City Officials are HEREBY authorized to
execute an agreement, hereto attached as Exhibit 1, between the City of Tamarac and the
Resource Recovery Board, for the acceptance of the Single -Stream Recycling Grant
Funds.
SECTION 4: Budget amendments required for this purchase for proper
accounting purposes are HEREBY approved.
Temp. Reso. # 12181
March 14, 2012
Page 3
SECTION5: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of ANZL ,2012.
LL����
PAMELA BUSHNELL
MAYOR
ATTEST:
is ��1•
s
I
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL -�
DIST 1: COMM. SWENS N
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER L l
DIST 4: COMM. DRESSLEA
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM. I , -1 d
UkS. GORE
r� CITY ATTORNEY
AGREEMENT
Between
THE RESOURCE RECOVERY BOARD
And
THE CITY OF TAMARAC, FLORIDA
For
Single -Stream Recycling Grant Funds
This is an Agreement between THE RESOURCE RECOVERY BOARD, the governing
body of THE BROWARD SOLID WASTE DISPOSAL DISTRICT (District), hereinafter
referred to as "RRB" and THE CITY OF TAMARAC, FLORIDA, a municipal corporation
of the State of Florida, hereinafter referred to as "GRANTEE,"
WITNESSETH:
WHEREAS, GRANTEE is a Resource Recovery System Partner; and
WHEREAS, RRB has authorized funding to stimulate recycling; and
WHEREAS, the RRB endorsed the procurement of carts or other related items for use
in the single -stream recycling process: and
WHEREAS, the RRB's Executive Director has established guidelines for eligible single
stream recycling expenses, including purchase of roll -out carts and capital equipment
for the collection and processing of recyclables, education and outreach campaigns and
other expenses as approved by the Executive Director; and
WHEREAS, RRB approved funding to assist GRANTEE with recycling efforts; and
WHEREAS, RRB has determined that these expenditures serve a DISTRICT and public
purpose and have included same in the budget of the RRB; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, RRB and GRANTEE agree as follows:
1. PROJECT SCOPE
GRANTEE shall use this grant solely as described in its grant proposal (Exhibit
"A") attached hereto.
2. TERM
The term of this Agreement shall commence on the date it is fully executed by
both parties and shall end on May 1, 2013 unless otherwise extended by the
Resource Recovery Board.
3. PROJECT FUNDING
RRB authorizes GRANTEE funding for expenditures related to the
implementation of the project as described in Exhibit "A" in the maximum amount
of $588,312.04. GRANTEE agrees to expend the funds granted no later than the
termination date of this Agreement.
4. METHOD OF PAYMENT AND FINANCIAL RESPONSIBILITYRRB will award
funds not later than 60 days after execution by the Executive Director and
GRANTEE. GRANTEE shall submit progress reports on May 1, 2012. November
1, 2012, and May 1, 2013, as applicable, that documents expenditures and
outcomes (Exhibit "B") The report shall be supported by proper documentation
including, copies of invoices, receipts, or other evidence of indebtedness for
purchases and/or services incurred within the term of this agreement.
GRANTEE agrees and understands that all funding authorized through this
program shall be used only as outlined in this Agreement.
Executive Director will notify Partner Cities within 30 days of receipt of progress
report on acceptance or rejection of expenses. Partner cities may appeal
decision to the RRB. Decision of the RRB will be final.
Any unspent funds shall be returned to the District within 30 days of the
expiration of this agreement.
5. CHANGE IN PROJECT SCOPE
The Executive Director, RRB may approve changes to the Project Scope,
provided that the project is recycling -related and the total grant awarded remains
unchanged.
Proposed changes to the Project Scope shall be made in writing, signed by
GRANTEE and approved by the RRB Executive Director.
6. INDEMNIFICATION
Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable nor shall anything included
herein be construed as consent to be sued by third parties in any matter arising
out of this Agreement or any other contract. Parties are state agencies or
political subdivisions as defined in Chapter 768.28, Florida Statutes, and agree to
be fully responsible for the acts and omissions of its respective agents or
employees to the extent permitted by law.
7. AUDIT REQUIREMENTS AND RETENTION OF RECORDS
GRANTEES receiving recycling grants from the RRB not exceeding a total of
$5,000 in any one County fiscal year are required to submit all required cost
information, filed with County's recycling grant administrator within sixty (60) days
after the termination date of the grant agreement.
GRANTEES receiving in excess of $5,000 in recycling grants from the RRB in
any one County fiscal year are required to provide a link to their annual audited
financial statements and are required to submit all required cost information, filed
with County's recycling grant administrator within sixty (60) days after the
termination date of the grant agreement .
GRANTEES receiving in excess of $500,000 in recycling funds from the RRB in
any one County fiscal year are required to submit certified financial statements
on the financial results of the recycling grant activity of their organization
pursuant to the executed agreement within ninety (90) days after the termination
date of the agreement.
RRB shall have the right to audit books, records (including financial receipts),
and accounts of GRANTEE that are related to this Agreement. GRANTEE shall
keep such books, record, and accounts as may be necessary in order to record
complete and correct entries related to this Agreement. All books, records, and
accounts of GRANTEE shall be kept in written form, or in a form capable of
conversion into written form within a reasonable time, and upon request to do so,
GRANTEE shall make same available in written form at no cost to RRB.
GRANTEE shall preserve and make available, at reasonable times for
examination and audit by RRB, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for the
required retention period of the Florida Public Records Act (Chapter 119, Florida
Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for
a minimum period of three (3) years after earlier termination of this Agreement. If
an audit has been initiated and audit findings have not been resolved at the end
of the retention period or three (3) years, whichever is longer, the books, records,
and accounts shall be retained by GRANTEE until final resolution of the audit
findings. If the Florida Public Records Act is determined by RRB to be applicable
to GRANTEE's records, GRANTEE shall comply with all requirements thereof;
however, no confidentiality or non -disclosure requirement of either federal or
state law shall be violated by GRANTEE. Any incomplete or incorrect entry in
such books, records, and accounts shall be a basis for RRB's disallowance and
recovery of any payment upon such entry.
8. EQUAL EMPLOYMENT OPPORTUNITY (EEO) COMPLIANCE
GRANTEE shall not unlawfully discriminate against any person in its operations
and activities or in its use or expenditure of funds in fulfilling its obligations under
this Agreement. GRANTEE shall affirmatively comply with all applicable
provisions of the Americans with Disabilities Act (ADA) in the course of providing
any services funded by RRB, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability) and all applicable regulations,
guidelines, and standards. In addition, GRANTEE shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
GRANTEE's decisions regarding the delivery of services under this Agreement
shall be made without regard to or consideration of race, age, religion, color,
gender, sexual orientation (Broward County Code, Chapter 162) in performing
any services pursuant to this Agreement.
9. THIRD PARTY BENEFICIARIES
Neither GRANTEE nor RRB intends to directly or substantially benefit a third
party by this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
10. ASSIGNMENT
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered without the prior written consent of the other party. For the RRB,
such written consent may be given by the RRB through the RRB Executive
Director,
11. MATERIALITY AND WAVIER OF BREACH
RRB AND GRANTEE agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
RRB's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms
of this Agreement.
12. SEVERANCE
In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless RRB or GRANTEE elects in writing to terminate this Agreement.
An election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
13. WAIVER OF JURY TRIAL
By entering into this Agreement, GRANTEE and RRB hereby expressly waive
any rights either party may have to a trial by jury of any civil litigation related to
this Agreement.
14. JOINT PREPARATION
The parties acknowledge that they have sought and received whatever
competent advice and counsel necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent 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.
15. COMPLIANCE WITH LAWS
GRANTEE shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement. Any claim, objection or dispute arising out of this
Agreement shall be litigated in the Seventeenth Judicial Circuit in and for
Broward County, Florida.
16. REPRESENTATION OF AUTHORITY
Each individual executing this Agreement on behalf of any entity does hereby
represent and warrant that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute
this Agreement on behalf of such party.
17. NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or sent by commercial express carrier with acknowledgement of
delivery, or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section.
For the present, the parties designate the following:
RESOURCE RECOVERY BOARD:
Executive Director, Resource Recovery Board
Broward Solid Waste Disposal District
P.O. Box 93-4114
Margate, Florida 33093
PARTNER CITY: City of Tamarac, Florida
Attn: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue, Florida 33321
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: RESOURCE RECOVERY BOARD signing by and through the
EXECUTIVE DIRECTOR, authorized to execute same.
By action approved by the Resource Recovery Board and the City of Tamarac,
Florida signing by and through its representative, duly authorized to execute
same.
WITNESSES:
Signature
Print Name
Signature
Print Name
Signature
RESOURCE RECOVERY BOARD
RRB Executive Director
day of
City of Tamarac, Florida
PARTNER CITY
00,
( horized Si ature)
u FI�L
Print Name f%J
Signature
/ / a/:+'9' L'�`"'�
Print Name
ATTEST:
20
lyl c -C l C . Cif �► C
(Print dame and title)
day of �� , 20
APPROV AS TO LEGAL R(
E OF TjHAf ! Y tT ORNEY
DATED:
BWcr,WARC
COUNTY
s •
Public Works Department — Solid Waste and Recycling Services
RECYCLING AND CONTRACT ADMINISTRATION DIVISION
1 N. University Drive, Suite 400 • Plantation, Florida 33324. 954-765-4202 • FAX 954-577-2390
February 23, 2012
Mr. Troy Gies
City of Tamarac
Public Works Dept.
6011 Nob Hill Rd
Tamarac, FL 33321
RE: SINGLE STREAM RECYCLING GRANT FUNDS
Dear Troy:
Attached you'll find the grant program documents necessary to begin the processing of the recycling grants application for the
City of Tamarac. Documents include:
• A copy of the Grant guidelines
• A copy of the approved Grant Application document and project supporting materials (Exhibit II)
• The Grant form agreement document for execution by the City and Executive Director (two copies are needed)
• Recycling Grant Report Form (Exhibit B)
The schedule below details the funds requested and disbursed:
Eligible Grant Funds
$588,312.04
Current Payment Request
$588,312.04
Grant Funds Balance
$0.00
As detailed in the grant guidelines, the City will need to sign two agreements and return them to SWRS for execution by the RRB
executive director and counsel. We will forward one original to the City and retain one for our files. Please refer to the
guidelines document for additional instructions.
Please contact me at 954/474-1820 or at pbreseeCcDbruwarg.urg if you have any questions.
Sin ely
Phil esee
Recycling Program Manager
C: Peter Foye, Director, RCAD
Jeff Turpin, Asst. Director, SWRS
Broward County Board of County Commissioners
Sue Gunzburger • Dale V.C. Holness • Kristin Jacobs • Chip LaMarca • Ilene Lieberman • Stacy Ritter • John E. Rodstrom Jr. • Barbara Sharief • Lois Wexler
www.broward.org
Exhibit II
Grant Application
Applicant: City of Tamarac
Project Name or Description: a) Transition from recycling bins to roll -out cart: b) Recycling rewards Program
participation;
Project Manager (project contact): Troy Gies Budget and Contracts Manager
Address: 6011 Nob Hill Road
Public Works, 2"d Floor
_ Tamarac, FL 33321
Project Category: (check all that apply)
Phone: 954-597-3718
E-mail: troy.gies@tamarac.org
Roll -out carts _x Capital/Equipment Professional Services
Outreach& Education Other
Questions (Please limit each answer to less than 250 words):
Project Scope of Work:
City's project included transition to carts -based recycling collections for all single-family style homes (19,434),
participation in a recycling rewards program, and associated outreach and promotions.
The transition to carts -based recycling was implemented at the start of a new nine-year contract with Waste
Management for automated collection of residential solid waste and recycling. The City had previously utilized
18 gallon recycling bins with manual collection. The residents were able to self-select between 35 gallon, 65
gallon, and 95 gallon carts for solid waste and recycling, with the standard or default cart size being 65 gallon.
The carts also incorporate imprinted labels with information regarding recycling (e.g. acceptable and non -
acceptable materials) for continued education and encouragement of recycling habits.
Project costs include:
• Purchase, assembly and distribution of recycling roll -out carts through City's solid waste franchise hauler
($ 38.30 per 35 gallon cart x 2,574 HH = $ 98,584.20).
($ 43.30 per 65 gallon cart x 16,320 HH = $ 706,656.00).
($ 50.30 per cart x 540 HH = $ 27,162.00).
Total Cart Cost = $ 832,402
Describe how you will measure and evaluate the success of your project:
City will measure progress in coordination with franchise hauler, RecycleBank, and County staff. Key measures
include:
• Recyclables tonnage increases
• Garbage disposal decreases
• Recyclables revenues
• Program participation rates
Describe how your organization will sustain the project after RRS grant funds are expended?
The City of Tamarac entered into an agreement with Waste Management for the provision of all residential
recycling services, in addition to all residential solid waste and commercial solid waste collection and disposal
services within the City of Tamarac. The Agreement took effect October 1, 2011 and will be valid through
October 1, 2020 and would be eligible for an additional three-year renewal.
The introduction of carts ranging in size from 35 gallons to 95 gallons at the same frequency as previously
offered (weekly collection) increases the set -out capacity for recycling from nearly double the capacity to more
than four times the capacity. The carts also better allows for commingling of recycling, taking full advantage of
the single -stream recycling system. Switching from open -top bins to carts with lids also helps to minimize litter
and prevents paper and cardboard from collecting rain water.
Condominiums in Tamarac also received new recycling carts with the imprinted recycling label and replaced
older carts. In many cases the carts were broken, insufficiently labeled as recycling carts. This resulted in
increased contamination and difficulty in properly servicing the recycling carts.
Finally, per the original bid and subsequent agreement, all recycling carts included RFID tags to accommodate
participation in a recycling rewards program. The City is currently investigating implementing a residential
recycling rewards program which may include a multi -family rewards program pilot program. The total cost of
the cart distribution is attached to this Grant Proposal as Exhibit C.
Future Considerations for green (yard) waste. Per the Agreement with Waste Management, the City retains the
right to collect green waste separately should such collection be mandated by State law and/or if a regional
approach to composting or recycling green waste is developed.
Additionally, City Ordinances already in place require residential recycling at single-family and multi -family
residences. The updated Solid Waste and Recycling Services Agreement with Waste Management also requires
the continual maintenance and replacement of recycling carts ensuring that residents have access to adequate
and convenient recycling receptacles.
When will various phases of the project be operational? Include the following information:
■ An estimated start date for the project; October 2011
■ The milestones outlining project progress and accomplishments; Monthly reviews of residential
recycling tonnages. To date, the results for residential recycling tonnages are as follows:
September 2011 (pre -cart) 232.76 tons
October 2011 (Carts introduced) 266.76 tons
November 2011 369.84 tons
December 2011 399.35 tons
Using December 2010 (279.16 tons) as the baseline, the tonnages collected in December 2011 with carts
shows a 43% increase.
■ The estimated end date of the project. October 1, 2020
RRS Recycling Funds Disbursement FY 2012
Eligible Funds: $588,312
Proposed Budget
Expenses
Recycling Carts $ 832.402
Capital/Equipment
Professional Services
Outreach & Education
Total: S 832,402
********************************** For Official Use Only***********************************
Application Reviewed By:
alL-----
Signature
(type or print name)
Application Approved By:
Digitally signed by RON GREENSTEIN
DN: do=cty, dc=broward, do=bc,
ou=Organization, ou=BCC, Ou=UV,
ou=1W, ou=Users, cn=RON GREENSTEIN,
email=RGREENSTEIN@broward.org
Date: 2012.022316:02:27 -05'00'
Date: a b R f't-o ( �---- Date:
Signature
(type or print name)
IW1:11=3Ill 9=3
Recycling Grant Report Form
Submit this form with the required documentation
APPROVED
BUDGET ACTUAL
Grant Funds
Expenditures
Recycling Carts
Capital Equipment I 1 1 71
Professional
Services
Educational and
Outreach
Other Approved
Costs
WASTE MANAGEMENT
December 12, 2011
Troy Gies
Budget and Contracts Manager
Public Works Department
6011 Nob Hill Rd, Tamarac, FL 33321
Re; Recycling Grants
Dear Mr, Gies:
WASTE MANAGEMENT INC. OF FLORIDA
K Li,, n. 13,73
Enclosed please find the Waste Management file that details the cost of the
carts for the residents of Tamarac. The total expense includes the cost of
assembly and delivery to the residents.
There are three sizes of cart: i.e., 96-gallon, 64-gallon and 35-gallon carts
with yellow lids for recycling. The recycling carts have an RFID chip
imbedded in them.
If you need any further information, please do not hesitate to let me know.
Sincerely,
Harold "Butch" Carter,
Government Affairs Manager
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