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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-332Temp. Reso. #9217 Page 1 November 30, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000 - 33 a -- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF $7,014 FROM THE BROWARD COUNTY OFFICE OF INTEGRATED WASTE MANAGEMENT; AUTHORIZING THE AMENDMENT OF THE BUDGET, INCLUDING APPROPRIATION AND ANY NECESSARY TRANSFERS OF SAID FUNDS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE BROWARD COUNTY OFFICE OF INTEGRATED WASTE MANAGEMENT FOR THE THIRTEENTH YEAR RECYCLING GRANT PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I L 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 was submitted in July 2000 to the Broward County Office of Integrated Waste Management, said application hereto attached as Exhibit "A" of Exhibit 1; and WHEREAS, the acceptance of these funds requires the amending of estimated revenues and expenditures funds within the Grants Fund budget; and I-] 1 1 Temp. Reso. #9217 Page 2 November 30, 2000 WHEREAS, the Director and Assistant Director of Public Works recommend that the City accept the grant from the Broward County Office of Integrated Waste Management; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept the grant from the Broward County Office of Integrated Waste Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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 $7,014 is hereby accepted. SECTION 3: The City Commission authorizes the appropriate City Official to amend the Grants Fund Budget in the amount of $7,014 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 4: The appropriate City Officials are hereby authorized to execute an agreement, said agreement hereto attached as Exhibit 1, between the City of Tamarac and Broward County, for the thirteenth 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. Temp. Reso. #9217 Page 3 November 30, 2000 SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13t" day of December, 2000. ATTEST: MARION SWENSON, CMC `.i`1-"i'.Y RK „H,RLB1(ERTIFY that w a apr-640 phis .W K SOL6T1ON as to form. MITCHELL S-KRAFT, CITY ATTORNEY UAAdm. Correspondence\Agendas\9217RES-Yr13 Recycling Grant 3OEE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM, PORTNER DIST 2: COMM, MISHKIN DIST 3: COMM. SULTANO DIST 4: VIM ROBERTS AGREEMENT BETWEEN BROWARD COUNTY AND TAMARAC FOR THIRTEENTH YEAR RECYCLING GRANT PROGRAM AGREEMENT BETWEEN BROWARD COUNTY AND TAMARAC FOR THIRTEENTH YEAR RECYCLING GRANT PROGRAM This Agreement for Thirteenth 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 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 2000 - 2001 Recycling Grant Program. 1.2 CITY: The municipality in the state of Florida specified in this Agreement. 1.3 CONTRACT ADM INISTRATOR: The Director of the Broward County Recycling and Contract Administration Division., 1.4 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 2000.2001 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) 2000 -2001 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 QF 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, 2002, 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, 2000, and September 30, 2001, if paid by September 30, 2001. 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." -2- 4.2 The amount payable by COUNTY to CITY under this Agreement shall be Seven Thousand Fourteen Dollars ($7,014.00). All payments by COUNTY to CITY under this Agreement shall be contingent upon the COUNTY receiving grant funds provided for in the Grant Agreement. 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 "g," 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, 2000 to September 30, 2001. 5.2 CITY shall submit to COUNTY, monthly, its recovery of recycled material, otherthan 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. M 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. 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, 2001. 5.8 CITY shall submit proof of funds encumbered (copy of requisition or purchase order) by August 1, 2001, 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. -4- 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 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 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 CITY is a state agency or political subdivision 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 bylaw. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. -5- 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. ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Project. CITY shall keep such books, records, and accounts as may be necessary in order to record, complete and correct entries related to the Project. CITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, 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, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any 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 until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or nondisclosure requirement of either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. M 9.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT CITY 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. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CITY'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 161/), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16'/z) in performing any services pursuant to this Agreement. 9.4 PUBLIC ENTITY CRIME ACT CITY represents that the execution of this Agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides.that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY, and may not transact any business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid -7- hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CITY further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CITY has been placed on the convicted vendor list. 9.5 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, employees, or agents of the COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. 9.6 THIRD PARTY BENEFICIARIES Neither CITY nor COUNTY 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 claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.7 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 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- _8- FOR BROWARD COLLNTY: Broward County Office of Integrated Waste Management Recycling & Contract Administration Division One North University Drive, Suite 400-6 Plantation, Florida 33324 FOR CITY: 6011 Nob Hill toad Tamarac, FL 33321 9.8 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CITY shall not subcontract any portion of the work required by this Agreement. CITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 9.9 CONFLICTS Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment related to its performance under this Agreement. CITY agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CITY agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, Sol which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CITY or any other persons from representing themselves in any action or in.any administrative or legal proceeding. In the event CITY is permitted to utilize subcontractors to perform any services required by this Agreement, CITY agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 9.10 CONTINGENCY FEE CITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CITY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, COUNTY shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 9.11 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY 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. COUNTY'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. 9.12 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.13 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 COUNTY or CITY elects 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. 9.14 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was 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. 9.15 PRIORITY QF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 10 of this Agreement shall prevail and be given effect. 9.16 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit of Broward County, Florida. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. 9.17 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 9.18 PRIOR AGREEMENT This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained SEM herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 9.17 above. 9.19 CERTIFICATION OF YEAR 2000 COMPLIANCE The Year 2000 (Y2K) issue primarily concerns (but is not limited to) the ability of data processing systems to process year -date dependent data accurately beyond the year 1999 without any decrease in functionality. By signing this Agreement, CITY certifies: 9.19.1 That all of CITY's resources which will be utilized in connection with this Agreement and which may have an adverse impact on County or this Agreement due to the passage of time from December 31, 1999 to January 1, 2000 and beyond are Y2K compliant, including without limitation any hardware, software, firmware, microcode, or imbedded technology; or 9.19.2 If any of CITY's resources which will be utilized in connection with this Agreement and which may have an adverse impact on County or this Agreement due to the passage of time from December 31, 1999 to January 1, 2000 and beyond are not Y2K compliant, CITY agrees to and shall change, upgrade, improve or otherwise modify such resources so that such resources are Y21K compliant on or before January 1, 2000. CITY shall include the requirements of this Section in all subcontracts and other agreements CITY enters into for goods or services provided for or provided in connection with this Agreement. 9.20 !U-QORPQR&TION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B," "C," and "D" are hereby incorporated into and made a part of this Agreement. -12- 9.21 M LTIPLE ORIGINALS This Agreement may be fully executed in three (3) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. ARTICLE 10 UNCONTR LLABLE 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 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. (Intentionally Left Blank) -13- 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 , 20—, and CITY, signing by and through its Mayor/Manager duly authorized to execute same. ATTEST: County Administrator and Ex Off icio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY -14- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Chair day of 120. Approved as to form by the Office of County Attorney, Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier:. (954) 357-6968 Sir CAROLS. WOLFF Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND TAMARAC FOR THIRTEENTH YEAR RECYCLING GRANT PROGRAM ATTEST: Clerk (SEAL) CSW:rI recycl00.TM 10/23/00 00-082.03 Ma -15- TAMARAC M r a anager day of , 2000 BROWARD COUNTY YEAR 13 (FY 2000 - 2001) RECYCLING &EDUCATION GRANT APPLICATION Name of City: Official Address of City: 7525 NW 88 avenue Tamarac FL 33321 Telephone Number: 7 2 4 -1 2 3 0 Tamarac Name and Signature of Authorized Official:!% Jeffrey L. MillerName (Print) (Print) Signature Name of Recycling Contact Person: Jean Dupuis Address. 6011 Nob Hill Road, Tamarac, FL 33321 Telephone Number: 724-2405 Employer Identification Number: Is recycling mandatory in your municipality" Commercial 591039552 Yes No Residential X M SUMMARY OF RECYCLING EXPENSES FOR YEAR 13 Please give a short description of how grant funds will be used Grant funds to be expended City funds to be expended Total Direct Mailings $9 496.00 $9.49 Total Funds $9, 496.00 $9 496.00 PLEASE RETURN THE COMPLETED APPLICATION TO THE ADDRESS BELOW NO LATER THAN AUGUST 1,2000. Recycling and Contract Administration Division 201 South Andrews Avenue Fort Lauderdale, Florida 33301 Att. Jim Bock, Manager, Recycling Programs 1 Please give a concise summary of your recycling programs and projects planned for Year 13 including residential (single/multi-family) and commercial programs. Please give enough detail to be used in our grant application. The City of Tamarac will continue its partnership with Broward County Office of Integrated Waste Management through the countywide recycling program. The City's recycling efforts are designed to complement and use positive reinforcement from countywide efforts. We maintain our recycling outline and continuous information via press releases, bi-monthly newsletters, direct mailings and sometimes taglines on water bills and inserts in water bills. Last year, our multi -family address database update was completed and now every single and multi -family residence in the City can be reached through direct mailing. This update has increased participation and results are encouraging. Major recycling issues, such as contamination, have been addressed through our revived database. Education will be a key element in ensuring a quality recyclable product. 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 CQEIESF QUIN ANCES OR VM11JEDj POLICIES PROMOTING EURCHA5ELED CONTENT Our purchasing policies have been 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 with its laser printers. The City of Tamarac produces an estimated 40 tons of office waste paper per year and tries to recycle as much of that amount as possible. It has been very hard to maintain a viable no -fee mixed paper -recycling program through the Broward County initial program. Alternative solutions have and are being looked at. 2 Discuss a best guess estimate of the potential impact on your program of a 50% and 100% cut in the grant. Include parts 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 the recycling division to ensure that resources are readily available to meet the needs of our program. Maintenance of our capital equipment is and remains the number one priority. The City of Tamarac is enjoying a recycling rate that makes most of other Broward County cities envious. The City has been in the top recycling producing municipalities. Education is the key in maintaining such a furious pace. It is a fact that grant funds have been instrumental in providing supplemental monies to perform educational campaigns. Any type of cut measure in these funds would primary affect our educational program. Contamination of recyclables is an issue that will not go away. Sustained efforts and persistence are the only deterrents. A 100% cut in grant funds would be a hard adjustment to make in maintaining educational efforts. K3 l0 cc FQ�+ V � O. N Sao o cr T W 0 V (AJ V J i g b a n tea' 0 0 0 0 0 0 m .... o © 0 0 0 o 0 0 ;: o 0LL o o 0 0 o 0 0 o 0 0 O w O o 0 O o 0 - 0 O 0 0 0 o 0 0 U. o 0 0 � O O >i$ 0 tr 0 o p. • W 4J •r4 Ul , w >E>= r U a ' A U f`` r% C3 C7 LI �`"+�; '^' C3 M ^i u7 cG 4 tC) cp;'. r N C] ep 1p CC Department of xr Environmental Protection Twin Towers Office Building jeb Bush 2600 Blair Stone Road David B. Scrubs Governor Tallahassee, Florida 32399-2400 Seaft" DEPARTMENT OF ENVIRONMENTAL PROTECTION RECYCLING AND EDUCATION GRANT QUARTERLY/MONTHLY REIMBURSEMENT REQUEST 1. Grantee: 2. Grant Number: _MI-04 3. PaYMent Request Number: 4. Expend3tur6n 5. Cumulative from from to to S. (a) Capital Costs -Equipment (b) Capital Costs-Soild Waste Weight Scales (c) Capital Costs -Construction (d) Capital Costs -Other 7. (a) Operating Subsidies -Salaries (b). Operating Subsidies -Fringe Benefits (c) Operating Subsidios-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 Page 1 of 2 "Protmr, Conserve and Manage Florida's Environment and Nabiral Resources" Pnffmd on recy&d poP- Page Z 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. Signatum of Authorized Representative (Not Stamn) pate Please return original to: lAnnie McGirt, Grants Coord. Browrard County Recycling & Contract Administration One N. University Ar.,S-400-B Plantation, FL 33324 8/00 EXHIBIT C Broward County Monthly Recycling Report Exhibit C - for. Recycling and Education Grant Application Fax To: 577-2390 - ATTN: Recycling Statistics E-Mail to: rburkefbroward.org Municipality: For the Month of: Mailing address: Contact Name: Fax Number.• COMMOOM Newspaper Commingled Material Glass Aluminum Cans Plastic bottles Steel cans C & D debris Yard trash White Goods Tires Ferrous metals Non-ferrous metals Cardboard Mixed Paper Miscellaneous TOTAL, TONS Telephone #: E-Mail address: TONNAGE Single Family Multi Family Drop-offs commsrotall Other Name of Recycler where inciter are being taken Number of Units Serviced: Single family: Multi -Family: Drop off locations: Please call 765-4202 extension 230 for additional help. A4 ALL T EXHIBIT A Department of Environmental Protection Twin Towers Office.Building Jeb Bush 2600 Blair Stone Road David B. 5truhs Governor RECYCLNG Tallahassee, ZvATIONlorida ZGRAIT�AGR NT Secretary FOR STATE ASSISTANCE UNDER SECTION 403.7095, FWRIDA STATUTES PART I GRANT NOTIFICATION INFORNATION 1. Grant Numbers 9E01-04 2. Date of. Awards .July 1, 2000 3. Grant Titles SOLID WASTE RECYCLING AND'EDUCATION GRANT 4. Grant,.Period: October,l, 2000 - September 30, 2001 5. Grant.,Mounti $507,431 Recycling_and Education Base Portion:. $1,97,173 Incentive Portions t312,258 Total Grant Amounts $507. 431 6. Grantee(s): >$ROWARD COUNTY. Address: 115 South Andrews Avenue Ft. Lauderdale, Fl6iida; 33301 7. Federal Employer Identification Numbest: .59--6000531 8. Authorized Representative':. Names— Jim Bock ..Address:. Manager, Recycling Programs 201 $oath Andrews Avenue'. Ft. .Lauderdale, Florida, 33301: Phones, 954-765-4202 Ext. 224 10.. Total population of Grantse(s):from official April 1, 1959., Population Estimates:. 1,490,-289 ll...Issuing Office: Florida Department of Shvironmentai Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone.Road Tallahassee, Florida 32399-2400 (850) 488-0300 "Wate~x Conserve'and iV 000ge Florida's Ervirunment and Nctur,:i Resources" Printed on mqckd paper. A. GENERAL CdNDIV:ONS: 1. The method of payment, September 30, 2001, will be only. N for the period October 1, 2000 through on a reimbursement basis for direct cost 2.. The grantee shall elect to submit Yeimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, summaries and appropriate contracts attached, shall be due onthe lastth day of the month following the end of the reporting Period (monthly quarterly). Each reimbursement request shall be submitted i.ndetailor sufficient for pre audit and post audit review. S- Grant funds may be expended through September 20, 2001. A final reimbursement request must be submitted nb later than October 31, 2001. 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. S. Expenditures shall be limited to allowable items as listed Section 62--716.430 of the Solid Waste Grants Program Rule: in (a) Solid waste recycling grants shall be used to provide fundin for recycling program capital costs, which include equipment- g purchases, solid waste scales, facility construction and other such costs approved by the Department. (b) Grant fund s'may also be used for operating subsidies Provided that the applicant shall demonstrate that such a use is necessary for the sucess of the recycling, and shall show how the subsidy will benefit the program. (c) Recycling grant funds shall be used for 10ca1 governments in recyclingpaper, plastic, iprotects oto n assist structi and demolition debris, white goods, andlmetalsandin compostingon 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 at solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies 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- not be'used for duplicating existing private and Funds shall. programs unless the applicant -demonstrates public recycling that such existing programs cannot be integrated into the planned recycling program. 0 e \ 6» Each recipient of grant funds shall maintain accurate retards of all expenditures of 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, 2000, or the date this agreement is fully executed, whichever date is latex. 0» Grant funds shall be .included in the grantee's to the requirements of cti.x15.97, F.S,. A copy of all Single Annual Audit subject shall be submitted to the Department of Environmental Protectionits 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 Department 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. X1• 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 of 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 112.06i, Florida Statutes. 13- The Department preserves 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. 0 Grant # RE01-04 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 cities .of Coconut Creek, Cooper City, Coral Springs, Dania, Davis, Deerfield Beach, Ft. Lauderdale, Hallandale, Hillsboro Beach, Hollywood, Lauderdale -by -the -sea, Lauderdale Lakes, Lauderhill, Lary 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 Manors for all allowable courts ' incurred up to and not exceeding $ t07,,431. Grant Application dated 06/27/00,.included herein by refeience. THE STATE OF FLORIDA BY THE DEPARTMENT OF LNVIRONMENTAL PRQTECTIONs _1A L John M. Ruddell, Director - bate Division of Waste Management In accepting this award and any payments made pursuant thiereto, (1) the undersigned represents that he is duly authorized -to act -on behalf of the recipient county,and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: 4ignature of Authorized Representative Date Roger Desjarlais County Administrator Please return tot Department of Environmental Protection I Bureau of Solid and Hazardous Waste �e Solid Waste Section - M.S. 0 4565 P �" 2600 Blair Stone Road Tallahassee, Florida 32399-2400 �t7 Public Works Department Office of Integrated Waste Management Recycling & Contract Administration Division 1 N. University Drive, Suite 400-E3, Plantation, FL 33324 (954) 765-4202 • FAX (954)577-2390 November 14, 2000 Attention: Recycling Coordinators Enclosed are three (3) copies of your Year 13 Recycling Agreements in which your City was awarded according to the grant figures attached. Please forward them to your City Manager or Mayor for me execution and return all as possible. copies No funds can be yourpening and authorized signature ed until we have the completed agreement and all forms. Upon execution by the County Commisioners, I will return one original Agreement back to your City. PLEASE MAKE SURE THAT ARTICLE 9 - NOTICES, ON PAGE 9 OF THE AGREEMENT, AS WELL AS THE SPENDING PLAN AND SIGNING AUIHORIIY HAS BEEN FILLED OUT. If you have any questions, feel free to contact me at 765-4202, Ext. 231. Sincerely, Annie McGirt Contract/Grants Administrator I Enclosures Printed on mcoed Paper 4 BROWARD COUNTY BOARD of COUNTY COMMISSIONERS - -- An Equal oppamnity Lrmpkrpr and prouder of $ervkes Norman Abramowitz Scott I. Cowan Suzanne N. Gunzberger Kristin 0. Jacobs Ilene Usberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the Internet: www.broward.org/oiwm • YEAR 13 RECYCLING GRANT FIGURES Estimated Population Amount 118roward County Total .19490,21 Coconut Creek 39,554 $5,293 Cooper City 28,730 $3,845 Coral Springs 111,724 $14,951 Dania 18,480 $0 Davie 67,529 $9,037 Deerfield Beach 51,269 $6,861 Fort Lauderdale 148,97.1 $19,935 Hallandale 31,504 $4,216 Hillsboro Beach 1; 756 $0 Hollywood 127,660 $17,084 Lauderdale -By -The -Sea . 3,798 $508 Lauderdale Lakes 27,870 $3,730 Lauderhill 50;596 $6,771 Lazy Lake Village 35 $0 Lighthouse .Point 10,645 $11425 Margate 50,727 $6,788 Miramar 040.503 $7,304. North Lauderdale 29,903 $4,002 Oakland Park 28,236 $3,779 Parkland 13,219 $1,769 Pembroke Park 49784 $640 Pembroke .Pines 120,091 $16,071 Plantation "' , ` 80,434 $10,764 Pompano Beach 749403 $99957 Sea. Ranch Lakes 616 $0 Sunrise 78,413 $10,49$ Tamarac 52413 .$7,014 Weston 42,522 $5,690 Wilton Manor . . 110795 $19578 Unincorp Broward 128,029 $17,133 Municipal Projects $2,795 City Total $199,431 Administration $140,000 Programs Support & Consultant Fees $168,000 $507 Perca ita amount 0.13N81 *Official University of Florida population figures supplied by DEP.