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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-0251 Temp. Reso. #8490 Page 1 December 18, 1998 Rev. #1, January 19, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 - a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING THE BROWARD COUNTY OFFICE OF INTEGRATED WASTE MANAGEMENT GRANT OF $11,543; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY FOR THE ELEVENTH YEAR RECYCLING AND EDUCATION GRANT FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the education of residents is one of the keys for greater participation in the City's recycling program; and WHEREAS, it is a benefit to the community for all citizens to recycle in order to reduce the amount of solid waste, contamination and improve the environment; and WHEREAS, an application submitted to the Broward County Office of Integrated Waste Management, hereto attached as Exhibit 1, for an educational recycling grant in the amount of $11,543 on July 24, 1998, has been approved by the Broward County Commission; and WHEREAS, the acceptance of these funds requires the amending of estimated revenues and expenditures funds within the Grants Fund budget; and WHEREAS, the Director of Public Works and Public Works Operations Manager recommend that the City accept the grant from the Broward County Office of Integrated Waste Management; and Temp. Reso. #8490 Page 2 December 18, 1998 Rev. #1, January 19, 1999 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 grant from the Broward County Office of Integrated Waste. 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. SECTION 2: The Broward County Office of Integrated Waste Management grant in the amount of $11,543 is hereby accepted. SECTION 3: The City Commission authorizes the appropriate City Official to amend the Grants Fund Budget in the amount of $11,543 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 4:That the appropriate City Officials are hereby authorized to execute an agreement, hereto attached as Exhibit 2, between the City of Tamarac and Broward County, for the Eleventh year Recycling and Educational Grant funds. SECTIONS: 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 1 Temp. Reso. #8490 Page 3 December 18, 1998 Rev. #1, January 19, 1999 application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this C�- day of ` 1999. ATTEST: G CAROL G , CMC/AAE CITY CLERK I HEREBY CERTIFY that I approved this E SCHREIBER MAYOR RECORD OF COMMISSI MAYOR SCHREIBER US- I: COMM. MCKAYE WM MISHKIN CAI -1 3: COMM. Al 11 TANOF DIST 4: COMM. ROBERTS UAAdm. Correspondence\Agendas\8490RES-Yr11 Recycling Grant TEMP. RESO. No. J 9 0 Exhibit 1 � BROWARD COUNTY YEAR 11 (FYI 998 - 99) RECYCLING 8i EDUCATION GRANT APPLICATION Name of City: Tamarac Official Address of City: 7525 NW 88th Avenue, Tamarac, FL 33321 Telephone Number: 9 5 4 7 2 4 -12 3 0 Name and Signature of Authorized Official: 1 Robert S . Noe J r . Name (Print) Signature Name of Recycling Contact Person: 'Jean Dupuis, Public Works Coordinator Address: 6011 Nob Hill Roadj Tamarac, FL 33321 Telephone Number: 9 5 4 7 2 4- 2 4 0 5 Employer Identification Number: 591039552 Is recycling mandatory in your municipality? Yes No . Commercial X Residential X SUMMARY OF RECYCLING EXPENSES FOR YEAR 11 Please give a short description of how grant funds will be used Grant funds to be expended City funds to be expended Total Newsletters & Inserts $11,537 $11,537 Total Funds $11,537 $11,537 PLEASE RETURN THE COMPLETED APPLICATION TO THE ADDRESS BELOW NO LATER THAN JULY 24, 1998. Recycling and Contract Administration Division 201 South Andrews Avenue Fort Lauderdale, Florida 33301 Att. Jim Bock, Manager, Recycling Programs 1 • 0 Please give a concise summary of your recycling programs and projects planned for Year 11 including residential (single/multi-family) and commercial programs. Please give enough detail to be used in our grant application. As in the past, the city of Tamarac will continue to coordinate its own recycling campaign efforts through the countywide program. Education promotional campaigns geared towards residents will still be provided. We maintain our recycling outline and continuous information via press releases, monthly newsletters, special mailings, taglines on water bills and inserts in water bills. A major upgrade of our multi -family address database is presently taking place. The completion of this project will take some time; however, it will allow the City to reach every single residential unit through direct mailings. Describe your municipalities procurement policies that promote purchase of recycled content products. Please include when the policies began, whether the policies are mandatory or voluntary, and what kind of materials are purchased. Also describe any problems or obstacles to increased procurement of recycled •materials in your city. PLEASE PROVIDE COPIES OF ANY ORDINANCES OR WRITTEN POLICIES PROMOTING PURCHASE OF RECYCLED CONTENT PRODUCTS. 11 At this present time, our purchasing policies are voluntary. The City's Purchasing Department has an unwritten policy to purchase and distribute 100% recycled paper for all departmental copy machines. All educational brochures sent to residents are printed on recycled paper. Sanitary paper supplies are bought with recycled content. The City tries to use recycled paper as much as possible but has found that stationary does not work well with our laser printers. The City of Tamarac currently participates in the Broward County office paper recycling program. An estimated 40 tons a year is produced: a considerable amount. k) r • • cuss a best guess estimate of the potential impact on your program of a 50% and 100% cut in the grant. Include pacts of your program that would be cut back or eliminated, what parts of your programs would become priorities and be funded through local revenue sources and an estimate of how tonnages might be affected. Our City Budget has been allocating funds to ensure that resources are readily available to meet the needs of our program. As far as priorities go, the maintenance of our capital equipment remains number one. The City of Tamarac is enjoying a recycling rate among the top five (5) cities among all Broward County cities. In order to maintain and improve this sustained momentum, education is key. Grant funds have been instrumental in providing extra monies to inform and educate our residents. Any type of cut measure in grant funds would primary affect our educational program as a whole as less could be done. A concern that is most addressed, is the contamination rate. Continuous reminders are absolutely necessary to maintain a high quality recycled material. A 100% cut would be very hard to adjust to. ATTACHED ARE 2 TABLES FOR YOU TO COMPLETE FOR YOUR CTTY(completed samples are on the back). 3 LJ 7- cr /en Q 2 w Cr u/\ /f & u / 0 � 11 0 0 • z O LU O ro � }- Q m 4 0 O0LU Q Q Q W c ~W0cn V U o LL, :r LU CC cl: oLL w m z W 0 11{11{ly`. ��ti�\ p�,OtEC110k � ..WR A LJ FA Lawton Chiles Governor 1. Grantee: Department of EXHIBIT B Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Virginia B. Wetherell Tallahassee. Florida 32399-2400 Secretary DEPARTMENT OF ENVIRONMENTAL PROTECTION RECYCLING AND EDUCATION GRANT QUARTERLY/MONTHLY REIMBURSEMENT REQUEST 2. Grant Number.-_ RE99-04 3. Payment Request Number: 4. Expenditures from to 5. Cumulative from to 6. (a) Capital Costs -Equipment (b) Capital Costs -Solid Waste Weight Scales (c) Capital Costs-�Construction (d) Capital Costs -Other 7. (a) Operating Subsidies -Salaries (b) Operating Subsidies -Fringe Benefits (c) Operating Subsidies -Contracts (d) Operating Subsidies -Other 8. (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 15. Balance of Award "Pr©Let'C. CVnstr,,: !vlCt)Cs` i':Ol' e s E1,010"!-oclll and NoG. z: RP$Oul,Cfs Printed an recycled paper. FA 1:L�11Ilyy Page 2 Grant Number Payment Request Number In requesting this payment the undersigned represents that he/she is duly authorized to act on behalf of the recipient. Signature of Authorized Representative (Not Stamp) Please return original to: ............ ......._._.....-- Annie McGirt, Contract/Grants Admin. Recycling and Contract Administration 201 South Andrews Avenue Fort Lauderdale, FL 33301 • Date 5/97 BROWARD COUNTY EXHIBIT C MONTHLY RECYCLINGI REPORT 1. Muniolpallty 2. Date 3. Mailing Address 4. Contect(s) S. Telephone Number; B. Fax Number; 7. Month -Y ..I' JiL#S• 1!.Y?::.: a:eiiCi 1 ! — 1 .. •r.:.,::::..k!liii ! :i ;-, ,:...1.1._!. i r ..,I.... ... '—.e ,.la f1.......:s• r r!In illllll.Ill....r.......r.:oii373111 r .:........:.:........... ll? nll:::::::::•::r? ;: - nllnT! . :::•,....,.ao:, '.I 'Ei?5??:?e??'r'?"iai.::: @!??!i!eiee!?!?!!';ii..:iu!!..?.::!!!!!_�:��!:!!::::;!°lni!!!i!'•!�i!!�!!!:!!_:::?•liii:'slllu!i!I'•.'•.:`•€is!??I!i.;:::i;:-•uari[!;1;�:!! !. �_ ir• . sil!IfS!f!?!illF!1;!FEE!!E:,..."Igfa1=S:`:;ri°�• ,rll>rh �::• � ...i:::::'.E`E_''i?ii ia::!!:.::l::..!..._. !! i ❑...... lit1 :.:::.......... .... .. ;11....::• Ste' i ,I;;1,...:..:..<r ni;,�:,•.:,...;..::a:: f l Il. C+ommoidf q ::.... , J,L..!. •: •--! :.:::::::::.:•; ,�n.:i ! .. - - ��. i off a 13. Sroker Newsp er mmin ed, GI., Al, Pi., etc. Glass Aluminum Cans Plastic Bottles Steel Cans & Demo. Debris dwaste Whitegoods Mr Tires Other lastics Ferrous Metals Non—ferrous Cardboard Office P er Other P er Food Wastes Textiles Miscellaneous _.. N. ...... .... r......:............c:a,.w!lE!1!::;.::::::::;........, ....... --.- ,. , nay.,.......... ...„>.-!.............................. ...-_--.. a. s,e..rl,r......................... !:::::::::::::r.;.;..;.. •;.,c-:-........-............. ., ry� .r ,. ................:.....:.. .! .,ra.ie....i......-.-:;:::::•::: .r .,..1...:..:..---•...:: • .. • , . r.... ::•.:;':.auun.r.:::: .................rs u,.a!?.. :::::............,;. •, „.,......................... �, ,,........................, .. . ,.,n ?,::.----................... .w1.::........::::::::::::::::::c::;... r. u.._............... •.. , s .,...... ..,.J..,.:::..:.::... ._.........., s...L............ ;..;... , �u,L......................!,...,I!:a!?::::::� ................ . �s.r u......1.:::::::::::::::•:• :::•• In 11....1........................ ..1...-.-..-... s.11:) ........... , •.......y.............. ......... ns i i ,.Inl,...l..................... It f !i,- _ •.......n: u! sLll!u6r•-!::!::::-:: ,:iil!lalu!;(ly!!fl}?!a?•!:!......r.:......... _.......... r sl •::•• :::::::::• •-••: •Ili 1 !•!!:!:1!!!.E!f?;!!::!::!:: ..........::..::..::....... !L:II:1!:::::::::::::::•:: ua ?l:!I'?!r!.!; +!.:::::,:.::::.-......., r:•::!1!!;:!�!!':�!:::1 ................ ;! ...... , n u,�ll-.r........... ........ , s si !,!I!nl;l!::::::::::::•::••::: • •:ur.L•:!,e Number of Units Serviced 14. Single Family' 15. Multi—Famlly 16. Commercial 17. Set Out Rate: (Single family only) 18. Number of Drop—off locations 1:11:2211 j ju 14: bl y54 (b!0-413 ( BU UlWM F AUE d5 ?POiECiION ''' . o en Departmt f EXHIBIT D Environmental Protection Twin Towers Office Building Lawton Chiles 2600 Blair Stone Road Virginia 8. Wetherell Governor Tallahassee, Florida 32399-2400 Secretary RECYCLING & EDUCATION GRANT AGREEMENT FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICATION INFORMATION 1. Grant Number: RE99-04 2_ Date of Award: July 1, 1998 3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT 4. Grant Period: October 1, 1998 - September 30, 1.999 S. Grant Amount: S 923,564 Recvcliny and Education - Base Portion: $333,792 Incentive Portion: $589,772 Total Grant Amount_ S923,564 G. Grantee(s): BROWARD COUNTY • Address; 115 South Andrews Avenue Ft. Lauderdale, Florida, 33301 7. Federal Employer Identification Number: 59-6000531 8_ Authorized Representative: Name: Roger Oesjarlais Title: County Administrator Phone: 954-357-7350 9. contact Person: Name; Jim Bock Address: Manager, Recvcling Programs 201 South Andrews Avenue Ft. Lauderdale, Florida, 33301 Phone: 954^765-y42C2 cxt_ 224 10. Total P❑raulati,on Of Grantee(S) from official April 1, 1997, Population wstymates: 1,123,729 11. 1"Uing Office: >=lorida Department of Fnvilronmental Protection Bureau of 5oLid and Hazardous Waste 2600 Blair Stone"Road Tallahassee, Florida 32399^-2400 (650) 488-0300 "Protect. Conserve Arid /,Icnage Florida's Envirpn;nenc and Natural Resources" Peinred on recycled joW-r. PART II - GRANT CONDITIONS A. GENERAL CONDITIONS: 1. The method of payment, for the period October 1, 1998 through September 30, 1999, will be on a reimbursement basis only. 2. The grantee shall elect to submit reimbursement requests an 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 an the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be aubmitted in detail sufficient .for pre audit and post audit review. 3. Grant funds may be expended through September 30, 1999. A final reimbursement request must be submitted no Later than October 31, 1999. 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 62-716.430 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 atuWies 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 programs. Funds shall not be used for duplicating"a*i.ating private and public recycling programs unless the applicant"aemonstrates that such existing programs cannot be integrated itito the planned recycling program_ 6. Each recipient of grant funds shall maintain accurate records of all expenditures ❑f 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 and 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, 1998, or the date this agreement is fully executed, whichever date is later. a. 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 62-716. Such action may also result in the ❑epartment 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 ❑f 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_ • 12/22/1998 16:01 954-765--4237 BC OIWM PAGE 08 • Grant # R.E99-04 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 eitiea 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, Weston and Wilton Maners for all allowable costs incurred up to and not exceeding $ 923,564. Grant Application dated 06/23/98, included herein by reference. THE STATE OF rLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: John M. Ruddell, Director Date Division of Waste Management in accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act an behalf of the recipient county, and (2) the recipient agrees to the general and special Conditions. 0 BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Signature o Auth ized Repreaentative Roger Desjazlaia County Administrator Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. * 4565 2600 Blair Stone Road Tallahassee, Florida. 32399-2400 )s-� 9d Date 0 M rV, CRFATE ; r,T 1ST U' _ �z ••'�� ccur�.oe .�� 12,/22/1998 16•:01 954-765-4237 BC 0IwM PAGE 09 .7 C -A' STATE OF FLORIDA ) SS COUNTY OF BROWARD ) I, ROGER DESJARLAIS, County Administrator, in and for Broward County, Florida, and ex-officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of an agreement as the same appears of record in the minutes of said Board of County Commissioners held on the 15th day of September 1998, IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 16th day of September 1998. tot GOM!~A/SSA (SEAL) t •�: p ; CRESTED =U OCT. 1ST cc 1915 Qom• ROGER J. ❑ESJARLAIS COUNTY ADMINISTRATOR x" 11100w 1, wil � a MY INA • LI TEMP. REso. No.- L�i Exhibit 2 AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for ELEVENTH YEAR RECYCLING AND EDUCATION GRANT FUNDS AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR ELEVENTH YEAR RECYCLING GRANT PROGRAM This Agreement for Eleventh 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 CITY OF TAMARAC, 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 1998-1999 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 A 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 1998-1999 Recycling Grant Funds to the COUNTY. • ARTICLE 2 - SCOPE OF SERVICES 2.1 CITY agrees to provide and implement the grant project(s), proposed in its Fiscal Year (FY) 1998-1999 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 spending 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. Thereafter, the Plan may be updated and submitted 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 proper execution by COUNTY and CITY and shall remain in effect until all allocated funds have been disbursed to Contract Communities but no later than January 31, 2000, 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, 1998, and September 30, 1999, if paid by September 30, 1999. 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 Eleven Thousand Five Hundred Forty-three Dollars ($11,543.00). All payments by COUNTY to CITY under this Agreement shall be contingent upon the COUNTY receiving grant funds provided for in the Grant Agreement. 2 4.3 To the extent the Florida Department of Environmental Protection, hereinafter • referred to as "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 upon receipt of funds by the COUNTY. 4.4 To the extent that the CITY does not use grant funds or adequately document spending plans in accordance with Section 2.2, the COUNTY may reallocate uncommitted funds in compliance with the recommendation of the Technical Advisory Committee, hereinafter referred to as "TAC," without a formal contract amendment. 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 Report of Recycling and Education Grant Expenditures Form, more specifically described as 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, 1998 to September 30, 1999. 5.2 CITY shall submit to COUNTY monthly its recovery of recycled material, other than that which is sent to the Materials Recovery Facility, on the Monthly Recycling Report Form more specifically described and as set forth in Exhibit "C," 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. 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). 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. f�J 3 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. 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 10, 1999. 5.8 CITY shall submit proof of funds encumbered (copy of requisition or purchase order) by August 1, 1999, for remaining Recycling Grant Funds. 5.9 COUNTY and CITY agree to comply with DEP's rules concerning grant funds. A copy of the Grant Guidelines is included in Exhibit "D." 5.10 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). In the event COUNTY elects to purchase such . equipment, CITY shall take any and all acts necessary to convey title free of any and all encumbrances. 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 :d manner its obligations under this Agreement, or if CITY violates 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 damages 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 set off until such time as the exact amount of damages is determined, provided however that CITY damages to the, COUNTY shall not exceed monies paid to CITY by COUNTY hereunder. 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 paid to CITY by COUNTY, which is were from the DEP for any and all 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 CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. • 5 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. 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. 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 reasonably be requested of it to carry out this Agreement and give effect hereto. Accordingly, without in any manner • limiting the specific rights and obligations- get 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 in this Agreement and the representations and warranties made are all material and of the essence in 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. 11 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 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 coritain additional terms of this Agreement . and are incorporated as if fully 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. 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 FOR CITY: • City of Tamarac Public Works Department Attention: Director 6011 Nob Hill Road Tamarac, FL 33321 ARTICLE 11 - UNCONTROLLABLE FORCES 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. 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 or reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a L 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 or Vice Chair, authorized to execute same by Board action on the day of , 199, and CITY OF TAMARAC signing by and 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 1199 Approved as to form by the Office of County Attorney, Broward County, Florida RUSSELL J. MORRISON, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By JUDITH C. ELFONT Assistant County Attorney 0 • • • AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR ELEVENTH YEAR RECYCLING GRANT PROGRAM ATTEST: Clerk (SEAL) JCE:dp Recyc.a25 12/8/98 #98-081.18 CITY 10 CITY OF TAMARAC By Mayor or Manager 7' day of vLr 19 . Appr 1 as t orm: t` Cyr ATTORNEY