HomeMy WebLinkAboutCity of Tamarac Resolution R-92-18528
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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 ,
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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
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($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
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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
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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.
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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
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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