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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-039Temp. Reso. #11792 March 30, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 rA A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $9,225 FROM THE RESOURCE RECOVERY BOARD MUNICIPAL RECYCLING GRANT PROGRAM; APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PROJECT AGREEMENT BETWEEN THE RESOURCE RECOVERY BOARD AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $9,225 WITH A ONE-TO-ONE MATCH OF $9,225 IN LOCAL FUNDS TO PROVIDE FOR A RECYCLING BIN PILOT PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors with a higher level of service while improving the environment; and WHEREAS, the Resource Recovery Board provides grants to local governments within the Broward County Solid Waste Disposal District via the Municipal Recycling Grant Program to promote recycling projects to improve the environment in Broward County; and WHEREAS, the City of Tamarac applied to the Resource Recovery Board and was awarded $9,225 in grant funds to provide for a recycling bin pilot program for multi -family residences in Tamarac; and WHEREAS, the City is willing to provide a one-to-one match of $9,225 in local funds; and 1 Temp. Reso. #11792 March 30, 2010 Page 2 WHEREAS, the Assistant City Manager and Director of Public Works recommend acceptance of grant funds and execution of the Project Agreement between the Resource Recovery Board and the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the residents and businesses of the City of Tamarac to accept grant funding for the provision of a recycling bin pilot program and to execute the Resource Recovery Board Project Agreement for grant funding in the amount of $9,225 and to provide a one-to-one match of $9,225 in local funds. 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. SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the grant award of $9,225 from the Resource Recovery Board. SECTION 3: The appropriate City Officials are HEREBY approved and authorized to execute a Project Grant Agreement between the City of Tamarac and the Resource Recovery Board for Municipal Recycling Grant Program funds in the Temp. Reso. #11792 March 30, 2010 Page 3 amount of $9,225 with a one-to-one match of $9,225 in local funds to provide for a recycling bin pilot program for residents of Tamarac. A copy of the Award Letter and Agreement are attached hereto as Exhibit A, which is incorporated herein by this reference. SECTION 4: The appropriate City Officials are HEREBY authorized to amend the Grants Fund budget for the Municipal Recycling Grant Program award in the amount of $9,225 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. u Temp. Reso. #11792 March 30, 2010 Page 4 SECTION 7: This Resolution shall become effective immediately upon adoption. r PASSED ADOPTED AND APPROVED this r Y da of , 2010. BETH TALABISC MAYOR RECORD OF COMMISSION VOTE: MARION SWEN40N, CMC MAYOR TALABISCO CITY CLERK DIST 1: COMM. BUSHNE L DIST 2: COMM. ATKINS-GRA �--� DIST 3: COMM.GLASSER--� DIST 4: VM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1UEL S. GOREI' TY ATTORNEY 1 F L O R 1 D A PubNc Works Depw"Wd — Wnft and RaoydkV Swvbn RECYCLING AND CONTRACT ADMINISTRATION DIVISION 1 N. UniMolly Driw, suNe 400 - PlWA90on, Florida 33324.9b4-M-4202 - FAX 954-377-2390 MEMORANDUM To: Troy Gies, City of Tamarac, Florida Thru: Peter Foye, Director, Recycling and Contract Administration From: John E. Benton, Collections Program Manager; Recycling Grant Administrator Date: February 18, 2010 Re: FY10 Recycling Grant Awards The Executive Director for the Resource Recovery Board has approved the issuance of Recycling Grant funding for Fiscal Year 2010 to the City of Tamarac, Florida. The amount of grant funding allotted to your city is $9,225.00. Please find attached the grant agreement for signature by your City Manager. Please submit three original documents signed in blue ink for execution by the Executive Director. One fully executed original will be returned for your records. A mandatory meeting for all FY10 grant recipients is planned to discuss the reporting and submission requirements in Exhibit A with this agreement. The meeting will be held directly after the TAC meeting on February 23, 2010 in the Hearing Room at 1 University Drive, Plantation Florida. Please remember the following requirements as outlined in the recycling grant application: 1. The agreement for funding needs to be signed by your City Manager and returned to my office at 1 University Drive, Suite 400 B., Plantation, Florida 33324 for signature by the Executive Director prior to: May 30'h, 2010. This is a 50% reimbursement grant. Your City must expend the funds for your project and provide Invoices dated prior to September 30, 2010 for 100% of the total project. Reimbursement will be based upon the invoices submitted to this office. 3. Actual invoices and supporting documentation along with Exhibit B need to be provided to my office at 1 University Dr, Suite 400B. Plantation, Florida, 33324 by: November 30, 2010. If you have any questions on the above grant application requirements, please do not hesitate to contact me at 954-474-1880 or ibenton@broward.or . It has been a pleasure assisting your City with funding to support your recycling program. CC Mary Beth Busutp, Dkedor, WRS Brad Koine, Chair, TAC Troy Geis, Interim Chair, "rams subcommittee " "' P��Y 20 �M (1: 3 "' ,E t'' 'll, 10 � gg$g� RECE1 E(_► ,r.^II. �+IIf,NI�+ � i�r '0�� uPi+9V�,'�, ;+,�.. iiw+lkii�h�„' t �i�::� �I A. Ewa ', t.:ny), Public Works Department -Waste and Recycling Services^'' f Recycling and Contract Administration Division 1 N. University Drive, Suite 400 Plantation, FL 33324 • 954 765 4202 Fax 954 577 2390 May 18, 2010 Michael R. Gresek Special Projects Coordinator City of Tamarac 7525 North West 88th Avenue Tamarac, FL, 33321-2401 Dear Michael: Please find attached the executed Agreement between The Resource Recovery Board and the City of Tamarac, Florida for Recycling Grant Funds. If you have any questions, please do not hesitate to contact me. Jo E. Benton, Collections Program Coordinator VWste and Recycling Services 1 orth University Drive, Suite 400 Plantation, FL. 33324 954-474-1880 Broward County Board of County Commissioners Josephus Eggelletion, Jr. • Sue Gunzburger • Kristin D. Jacobs • Ken Keechl Ilene Lieberman r Stacy Ritter • John E. Rodstrom, Jr. • Diana Wasserman -Rubin • Lois Wexler www.broward.org AGREEMENT Between THE RESOURCE RECOVERY BOARD and City of Tamarac for Recycling Grant Funds This is an Agreement between THE RESOURCE RECOVERY BOARD, the governing body of THE BROWARD SOLID WASTE DISPOSAL DISTRICT, hereinafter referred to as "RRB" and the City of Tamarac , 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 created a grant program to stimulate recycling; and WHEREAS, RRB recommends 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. PROGRAM GUIDELINES GRANTEE shall use this grant solely as described in its grant proposal and in accordance with Resource Recovery Board: Recycling Grant Program Guidelines (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 September 30, 2010. 3. PROJECT FUNDING RRB agrees to reimburse GRANTEE for expenditures related to the implementation of the project as described in Exhibit "A-1" in the maximum amount of $9,225.00. GRANTEE agrees to expend the funds granted no later than the termination date of this Agreement. 4. METHOD OF PAYMENT AND FINANCIAL RESPONSIBILITY GRANTEE shall submit a reimbursement form (Exhibit "B") not later than 60 days after the termination of this agreement, certified as required on the reimbursement form, Exhibit B. The reimbursement request 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. RRB shall pay GRANTEE within thirty (30) calendar days of receipt of GRANTEE's properly documented reimbursement request. GRANTEE agrees and understands that all funding authorized through this program shall be used only as outlined in this Agreement. 5. CHANGE IN PROJECT SCOPE The RRB may approve changes to the Project Scope, provided that the total grant awarded remains unchanged. Proposed changes to the Project Scope shall be made in writing, signed by GRANTEE and may be 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 RIGHT AND RETENTION OF RECORDS 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. EgUAL 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. 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: �• ���`�-rI City Administrator City of Tamarac ;-71 Florida 33 3 1- A • r 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 RESOURCE RECOVERY BOARD RRB Executive Director kyleakf 4igu I.�,.�day of 20�_ 0 Print me WITNESSES: 4in ture Print N me Signature Print Name ATTEST: City of Tamarac, Florida PARTNER CITY 1Au hori ed Signature) r Jeffrey L. Miller, City Manager (Print name and title) day of 20 I L, Exhibit A Resource Recovery Board: Recycling Grant Program Guidelines: General: Municipal Recycling Programs: For purposes of this section, "municipal recycling programs" means: Any and all municipally sponsored recycling efforts, which include, but are not limited to residential, multi family, governmental and business recycling efforts that increase the volume of materials diverted from landfills or other waste disposal facilities within Broward Solid Waste Disposal District; recycling programs which improve the overall recycling rate reported to the State of Florida. General Grant Information: (a) General Restrictions: Partner Cities may apply for any grant program for which the organization is eligible but may submit only one (1) application per Partner City. Fiscal Year shall mean the fiscal year which commences on October 1 of each year and ends on September 30 of the following year, unless otherwise specifically provided. (b) Funding Restrictions: These funding restrictions are applicable to all Resource Recovery Board Recycling grant programs unless such expenditures are specifically authorized in program guidelines. (c) Recycling Grant Administration: up to 20% of the total grant funding allocated to service and manage grant program (Already included in WRS FY 2010 budget). Grant funds may not be used for: (a) Expenses incurred or obligated prior to or after the grant period. (b) Telemarketing for fund raising purposes. (c) Interest or reductions or deficits or loans, fines, penalties or cost of litigation. (d) Annual operating expenditures not directly related to the activity or project. (e) Benefits and projects planned primarily for fund raising purposes- (f) Salaries of regular full-time administrative staff or supplements for the salaries of existing administrative staff. (g) Fees associated with the collection of solid waste, recyclables or disposal of contaminants under existing agreements. General Assistance Grants (a) A fixed pass -through amount based on population of cities fewer than 50,000 (b) ° (c) Reimbursement only (d) Matching requirement (i.e. 50% of eligible costs) (a) Maximum to $5,000 Competitive Grants (a) Limited to amount allocated or supplemental funding considered by RRB and budget to allocate additional funds from reserves. Funds not used for general operating grants would be rolled over to fund competitive grant awards (b) Designated categories receive preference points: multifamily, single stream transitions, green waste (c) Specific criteria as approved by TAC, RRB and Executive Director (d) Reimbursement only 0 (f) Matching requirement (i.e. 50% of eligible costs) Project Costs/ Award Amount Minimum and Maximums: $5,001 to $25,000 Audit Reauirement: 1. Grantees who are governmental entities 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 reimbursable cost documentation, i.e., copy of paid invoice, payroll registers, etc., filed with County's recycling grant administrator within sixty (60) days after the close of the fiscal year, 2. Grantees which are governmental entities receiving recycling grants from the RRS not exceeding a total of $5,000 in any one County fiscal year are required to submit all required reimbursable cost documentation, i.e., copy of paid invoice, payroll registers, etc, filed with County's recycling grant administrator within sixty (60) days after the close of the fiscal year. Review Process: 1. Review panels may be appointed by the TAC Chair as deemed necessary and panel members shall meet the following criteria: No panelist may have a Conflict of Interest as defined by Chapter 112, Part III, Code of Ethics, Florida Statutes (as amended from time to time), any other applicable Florida laws, Section 1-234, Broward County Code of Ordinances, or by any other applicable County Ordinance(s) with any applicant in the specific Funding Category. 2, The Ad Hoc review panel makes all Grant Award recommendations to the Technical Advisory Committee of the RRB for all grant awards. Such list of recommended grantees shall include the entity to receive the funding and the amount of the funding being received by each entity. 3. The Executive Director is authorized to approve grant awards which are less than $30,000 and comply with these guidelines and for which funds are available in the Executive Director's budget and specifically allocated for Recycling Grants. 4. All awards above $30,000 or when approved grants exceed the Executive Director's Budget are subject to RRB approval. 2 EXHIBIT A-1 APPLICATION PROGRAM SUMMARY For Competitive Recycling Grants Please submit the information requested below along with project budget form, Exhibit A-2 to the Recycling Grant Administrator for review by the Adhoc Sub Committee at their December 18, 2009 meeting. What May Be Funded? (a) All activities funded under this program should contribute a sizable improvement to the overall recycling rate for Broward County. All activities must contain a significant measurable and sustainable recycling component against a verifiable baseline which will contribute to the improvement of recycling volumes in Broward County. (b) This program may fund projects which contain the development of new recycling activities and marketing to improve recycling participation. These efforts may involve pilot projects. (c) All applicants must provide a narrative description with the grant application of the proposed recycling project with a time -line for implementation and a marketing strategy describing the media to be used, where, when, a description of the target population. (d) Applicant must provide a dollar -for -dollar match for funds awarded. In -kind services will not be allowed for matching purposes. General Program description: PILOT PROGRAM TO PROVIDE UNDER -THE -SINK RECYCLING BINS FOR 3,000 RESIDENCES representing approx. lot of the total number of residences in Tamarac. The program incorporates an initial survey to ascertain current recycling participation. Three follow-up surveys over the course of three months will gauge changes in recycling behavior, and estimate amount of increase in recyclables collected through this pilot program. All communication will be prepared by professional vendor to ensure professional appearance and encourage full participation. The estimated time -line is approx. 20 weeks (5 months). PHASE 1: 6-8 weeks to order bins from existing vendor, advertise program,select participants,and conduct initial survey. PHASE 2: 12 weeks (3 months)monthly follow-up surveys will be conducted. Review Criteria: Maximum Points for a, b, c and d: 40: (a) Measureable goals that identify the total amount of materials recycled; tons, pounds, gallons or cubic yards against a verifiable baseline provided in the grant application. 20 points. Through the use of standard six-gallon containers and the use of pre and post survey, we will be able to accurately estimate the recyclable materials generated via this program. (b) Evidence that the project was developed for the specific purpose of contributing to providing a sizable improvement in Broward County's recycling rate reported annually to the State of Florida. 10 points The program is designed to target multi_family residences, an area that has been under -served and historically have not participated at the same level as single-family households. Condos and apartments will be contacted directly to assist in identifying participants and distribute bins & program materials. The program will not exclude single-family residents interested in participating. It is anticipated that participants from Condos, apartments, and single-family residences will provide a basis for comparison and better gauge the actual impact of the program. (c) Comprehensive and realistic marketing strategy for the proposed project. 5 points Results from the initial survey and follow-up surveys will be used to estimate the impact of the recycling bins on recycling behavior. Specifically, it will identify the frequency of recycling as well as the amount and type of recycling materials collected. These results will be used to tailor changes to future communication, education, and the overall residential recycling program. (d) Qualifications and caliber of marketing professional involved in developing marketing strategy, provided that an outside agency is used. 5 points All printing will be done via the city's contracted mailing and printing vendor to ensure professional appearance. Also, the City had previously secured a vendor for the under -the -sink recycling bins; therefore the bins will be consistent in appearance with existing recycling bins currently in use at both multi -family and single family residences. Maximum Points fore: 10: (e) Estimated number of Broward County residents to be served or impacted by project based upon marketing strategy to reach targeted population(s) or an evaluation report of resident impact based upon target marketing research or residential survey and a methodology to track the impact of this project. 10 points Program will directly impact the 3,000 participants. However, the results of the program will be used to improve multi -family and single family. Maximum Points for f, g: 30 (f) Replication: How easily can the project be duplicated in other cities 10 points Program can easily be replicated in other communities; and program can be scaled up or down. (g) Sustainability: would the program continue without future support from the RRB? 20 points If successful, the program may be self-sustaining utilizing additional revenue from recyclables collected to offset purchase of bins and related communication and education. Maximum points for h: 20 (h) Preference points for single stream transitions, multi family programs or green waste projects developed and implemented in FY10: 20 points Program targeted at multi -family recycling S Broward Solid Waste Disposal District EXHIBIT "B" Recycling Grant Reimbursement FY10 /_Tel ItlL1 I Partner City: City of Tamarac Approved FY 10 Grant Funds $ 9,225.00 Total Project Expenditures (100% Eligible Salaries $ Equipment $ Printing/Media $ Other supplies & services $ Total Project Expenditures 1 $ To the best of my knowledge, the above information Is true and correct Project Manager Date Waste & Recycling Services Only Less: Ineligible costs: Total Reimbursable Expenses RRS 50% reimbursement for FY10* *reimbursement up to the amount of grant funds awarded for FY2010 This form must be submitted with the required documentation no later than November 30, 2010