Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-92-18528 29 30 >> ]: 351 I Temp. Reso. CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92_ T> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH 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 $150,013.00 FROM BROWARD COUNTY RECYCLING GRANT PROGRAM FOR FIFTH YEAR RECYCLING GRANT PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIYE DATE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECT,IQLI 1: That the appropriate City officials are hereby authorized to execute an Agreement between Broward County and the North 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 $150,013.00 from Broward County Recycling Grant Program for fifth year recycling program, a copy of said Agreement being attached hereto as "Exhibit 111. SECTION,2, This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �2�So�Y�ay,of I �OOey,er 1992. H.L. BENDER MAYOR AT ST: CAROL A. EVANS -_ CITY CLERK I HEREBY CERTIFY that I have approved this R O ION as t for RECORD OF COUNCIL. VOT71 Jj MAYOR EN E M TCHEL S. T DISTRICT 1: M K63Z CITY ATTO NEY DISTRICT 2: V/M . DISTRICT 3: P-1BER T DISTRICT 4: C/M ABRAMOWITZ � Y , �J C� AGREEMENT Between BROWARD COUNTY and THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS IN THE STATE OF FLORIDA, CONSISTING OF COCONUT CREEK, LAUDERHILL MARGATE, NORTH _LAU_DERDALE,,AND TAMARAC for FIFTH YEAR RECYCLING G N OGRAM AGREEMENT Between ROW RD COUNTY and THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS IN THE STATE OF FLORIDA, CONSISTING OF COCONUT CREEK, LAUDERHILL MARGATE, NORTH LAUDERDALE AND TAMAR LAC for FIFT AR RECYCLING GRANT PRO RAM This Agreement for Fifth Year Recycling Grant Funds dated 19 ,... hereinafter . referred to as the "Agreement," is entered. into .by .and .between BROWARD COUNTY, - a' political subdivision of the state of Florida, hereinafter -referred to as "COUNTY, !' and THE - NORTH . CITIES: A. GROUP OF MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE AND TAMARAC, hereinafter referred to as "CITY." W I T N E S S E T H WHEREAS, COUNTY and CITY have entered into an Interlocal Agreement for Solid Waste disposal Service, dated November 25, 1986, hereinafter referred to as the "Interlocal Agreement"; and WHEREAS, Section 4.13 of the Interlocal Agreement provides that the CITY and other municipal corporations that enter into the Interlocal Agreement, hereinafter referred to as "Contract Communities," may establish either voluntary or mandatory recycling programs; and WHEREAS, Section 12.5 of the Interlocal Agreement provides that the Contract Communities will supply information required to make application to state agencies for financial assistance in providing waste disposal services; and WHEREAS, Section 12.5 of the Interlocal Agreement further provides that the Contract Communities will adopt such regulations, execute such agreements, and do such work as may be required by state agencies as part of such application for financial assistance; and WHEREAS, the Interlocal Agreement and implementing ordinances of the COUNTY and Contract Communities created and established membership in the Broward Solid Waste Disposal District, hereinafter referred to as "District," headed by a Resource Recovery Board, hereinafter referred to as "Board," and further created a Technical Advisory Committee, hereinafter referred to as "TAC," to advise the COUNTY and Board; and WHEREAS, the state of Florida has created a five (5) year grant program designed to assist local governments in achieving specific recycling and waste reduction goals; and WHEREAS, the COUNTY, working with the District's Board and TAC, on behalf of the COUNTY, Contract Communities, and certain other Broward County municipalities, has applied to the Florida Department of Environmental Regulation, hereinafter referred to as "Department," for certain fifth year recycling and education grant funds; and , WHEREAS, the COUNTY has been awarded by the Department certain fifth year recycling and education grant funds and COUNTY and Department have entered into a Recycling & Education. Grant Agreement dated September 22, 1992, hereinafter referred to as the "Grant Agreement," in order to implement the proposed grant program; and WHEREAS, the COUNTY and CITY wish to enter into this Agreement �n order to provide recycling and related educational services to the residents and businesses of the CITY and to implement certain provisions of the Grant Agreement; NOW, THEREFORE, IN CONSIDERATION of the foregoing premises and the mutual terms and conditions herein, COUNTY and CITY hereby agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 CITY agrees to provide and implement the following eligible grant project (s), as proposed in FY93 grant application, hereinafter collectively referred to as "project": COCONUT CREEK: Program Expansion Material Disposition LAUDERHILL: Program Expansion Material Disposition Q+= MARGATE: Program Ex ansion Material Disposition NORTH LAUDERDALE: Program Expansion Material, Disposition TAMARAC: Program Expansion Material Disposition 1.2 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 within forty-five (45) days from the effective date of 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. ARTICLE 2 TERM OF AGREEMENT 2.1 This Agreement shall be effective upon execution by COUNTY and shall remain in effect until all allocated funds have been disbursed to the Contract Communities but no later than January 31, 1994, unless terminated earlier pursuant to Article 8 of this Agreement. 2.2 Grant funds allocated to CITY shall be used by CITY for Project -related costs incurred between October 1, 1992, and September 30, 1993, if paid by September 30, 1993. ARTICLE 3 PROD CT FUNDING 3.1 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," attached hereto and made a part hereof. ! 2 The amount payable by COUNTY to CITY under this Agreement shall be . One Hundred Fifty Thousand Thirteen Dollars -3- C� ($150,013.00) 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 in the Grant Agreement. 3.3 To the extent the Department 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. 3.4 To the extent that the CITY does not utilize grant funds or adequately document spending plans in accordance with Article 1, Section 1.2 of this Agreement, the COUNTY may reallocate -uncommitted funds in compliance with' the recommendation of the TAC. CITY shall have the opportunity to appear before the TAC prior to a reallocation. ARTICLE _4 REQUESTS FOR REIMBURSEMENT AND METHOD OF PAYMENT 4.1 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 two (2) copies of the Report of Recycling and Education Grant Expenditures Form, more specifically described and set forth in Exhibit "B," attached hereto and made a part hereof, as it may be modified from time to time in order for the COUNTY to comply with requirements of the Department, along with copies of invoices and other expenditure support documentation as required by COUNTY. The reimbursement requests shall include all costs from October 1, 1992, to August 30, 1993. 4.2 CITY shall submit to COUNTY monthly, its recovery of recycled material report in the form of an original and two (2) copies of the Monthly Recycling Report Form, more specifically described and set forth in Exhibit "C," attached hereto and made part hereof, as it may be modified from time to time in order to comply with requirements of the Department, along with copies of other recovery support documentation as required by COUNTY. 4.3 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 • Department. 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 -4- 0 4-49C;2 and Department. Records shall be kept for at least three (3) years. 4.4 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 Department's Solid waste Section by March 31 of each year, and CITY shall notify COUNTY of such action. 4.5 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 receipt of the item. 4.6 Should the Department 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 hon- 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. 4.7 .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'l,"1993. ARTICLE 5 EVALVATION AND --MONITORING CITY agrees that COUNTY will carry out periodic monitoring and evaluation activities on behalf of the District. Such evaluation will be based on the terms of this Agreement, Grant Agreement, Department policies, rules and regulations, and comparisons of planned versus actual progress relating to Project scheduling, budget, and output measures. ARTICLE 6 ISCIiLLANEOUS 6.1 The following provisions in the Interlocal Agreement are hereby incorporated by reference and made a part of this Agreement: a. Section 11.1 - Relationships of the Parties; b. Section 12.1 - Assignment; c. Section 12.2 - State and Federal Laws; d. Section 12.6 - Incorporation of Agreements; 0-1: e. Section 12.9 - Severability; and f. Section 13.1 - Indemnification. 6.2 COUNTY and CITY shall cooperate and coordinate purchases of material and equipment acquired for Project. CITY may purchase material and equipment for Project from contract award sheets of COUNTY. 6.3 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). 6.4 COUNTY and CITY agree to comply with the Department's 'rules concerning grant funds. ' ARTICLE 7 NOTICES Notices shall be given as provided - in Section..12.4 of 'the Interlocal Agreement, said provisions- hereby incorporated by reference, except that such notices shall be addressed as follows: To COUNTY: Broward County Office of Integrated Waste Management Attention: Director 201 South Andrews Avenue Fort Lauderdale, Florida 33301 To CITY: COCONUT CREEK: LAUDERHILL: MARGATE: 11 -6- 11 NORTH LAUDERDALE: with a copy to: To District: Broward County Office of Integrated Waste Management 201 South Andrews Avenue Fort Lauderdale, Florida 33301 ARTICLE 8 TER MINATION 8.1 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. 8.2 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, agreements, 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 District's Board. 8.3 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 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. 8.4 In the best interest of the District'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- • 8.5 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 Department for expenditures deemed not directly related to the grant funds. The COUNTY shall in turn return such funds to the Department under the terms of the Grant Agreement. ARTICLE 9 AMENDMENTS 9.1 No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 9.2 COUNTY and CITY agree to amend this Agreement to conform with changes in Department guidelines and rules and regulations and amendments to the Grant Agreement governing the Project. 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 Chairman or Vice Chairman, authorized to execute same by Board action on the day of 19 , and THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS IN THE STATE OF FLORIDA, CONSISTING OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND TAMARAC, signing by and through their duly authorized to execute same. AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS IN THE STATE OF FLORIDA, CONSISTING OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND TAMARAC FOR FIFTH YEAR RECYCLING GRANT PROGRAM COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida By Chairman day of 0 19 M C� AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND TAMARAC, FOR FIFTH YEAR RECYCLING GRANT PROGRAM. ATTEST: Clerk (CORPORATE SEAL) CITY nz Approved as to form by 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 CITY OF COCONUT CREEK Name of Municipality By Mayor or Manager day of , 19 Approved as to form: Attorney X AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND TAMARAC, FOR FIFTH YEAR RECYCLING GRANT PROGRAM. ATTEST: Clerk (CORPORATE SEAL) ATTEST: Clerk (CORPORATE SEAL) CJ CITY CITY 0tom CITY OF LAUDERHIL .___, _ Name of Municipality By Mayor or Manager day of Approved as to form:. Attorney CITY OF GATE Name of Municipality 19 By Mayor or Manager day of , 19 Approved as to form: Attorney n r / Q� - �U S'i AGREEMENT BETWEEN AROWARD COUNTY AND THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND TA.MARAC, FOR FIFTH YEAR RECYCLING GRANT PROGRAM. ATTEST: Clerk (CORPORATE SEAL) 0 ATTEST: By, CAROL A. EVANS, CITY CLERK (CORPORATE SEAL) PMS/bms 09/29/92 recy5-nc.a01 192-143.08 -11- CIIX OF NORTH LAUDEEP&LE Name of Municipality By Mayjr or Manager day of 19 Approved as to form: Attorney Name Mu 'cipality L. ER, MAYOR., day of 199�. A ro d as o form: iE�S. KRAFT, CI RNEY Cl CITY OF: NORTH CITIES GROUP YEAR 5 RECYCLING AND EDUCATION GRANT PROJECT BUDGET FY 1992-1993 EXHIBIT 'A' CAPITAL COSTS GRANT DOLLARS Trucks Containers 88,000 Construction costs Other(Description) OPERATING COSTS Collection Processing costs , Supplies and Materials Other RECYCLING PROJECTS Plannin Studies Re2ycling Pilot Projects Supplies & Other Materilas EDUCATION PROJECTS Planning Studies i Education Pilot Pro'ects. Supplies & Materials. Other TOTAL $150, 013 E BROWARD COUNTY EXHIBIT "B" MONTHLY REPORT OF RECYCLING AND EDUCATION GRANT EXPENDITURES MONTH OF....................1992/1993 x._ Grantee: (CITY/TRt+'A)... 2 . Grant Number: RE93-04 3. Payment Request Number: 4_ Expenditures 5. Cumulative from from to - to G. (a) Capital Costs - Equipment I (b) Capital Costs -Solid Waste Weight Scales (c) Capital Costs - Construction (d) Capital Costs _ Other 7_ (a)- Temporary Operating Subsidies - Salaries (b) Temporary Operating I Subsidies - Fringe Benefits i (c) Temporary Operating Subsidies - Contracts I I (d) Temporary Operating Subsidies - Other & (a) Recycling Planning Studies I (b) Recycling Pilot Projects 9. (a) Education Planning Studies (b) Education Pilot Projects I 10. Total Expenditures , 11. Grant Award 12. Prior Reimbursements 13. This Payrnent Request 14. Total State Payments 15_ Balance of Award I I Please note: 1. Use typewriter and complete items 1 thru 1r-- _nly on this page. 2. Do not complete item number 5. 3. Include a copy of any applicable contracts :: this program. EXHIBIT "B" Page 2 Grant Number RE93--04 Payment Request Number In requesting this payment the undersigned represents that he/she is duly authorized to act on behatf of the recipient_ Signature of Authorized Representative (Not stamp-) Date Please note: An authorized fiscal officercannot 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 vice 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 Division 201 South Andrews Avenue Fort Lauderdale, Florida, 33301 Attention: Trevor Adheen, Grant Administrator. 0 U Instructions on reverse 1. Municipality: 3. Month: Commodity Newspaper Glass Aluminum Cans Plastic Bottles Yard Waste Tires White -Goods C Dther, Plastics Ferrous 'Von —ferrous ardboard office Paper other Paper_ rood Wastes rextiles Miscellaneous TOTALS #Units Serviced 12. Single: EXHIBIT "C" BROWARD COUNTY MONTHLY RECYCLING REPORT 2. Date: 4. Contact: 5. Phone: Residential 6, Single 7. Multi 8. IN POUNDS PLEASE! --off 9. Comm'1 10. Other 11- Broker 2 13. Multi: 14. Comm'l: I-verage Pick—up per Unit (Lbs/Unit) 5. Single—family. 16. Multi —family: . 7. 4age Weekly Set Out; (Single family only) 8. Number of Drop —Off locations tonrpt