HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-342it
Temp. Reso. #9217
Page 1
November 30, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000 - 3 41171—
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.
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
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.
SECTION5: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
F1
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Temp. Reso. #9217
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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 131" day of December, 2000.
MARION SWENSON, CMC
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MITCHELL S.-KRAFT,
CITY ATTORNEY
U:\Adm. Correspondence\Agendas\9217RES-Yr13 Recycling Grant
OE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER d�
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,"
V Ll
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 ADMINISTRATOR: 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 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 laterthan January 31, 2002, unless terminated earlier pursuant
to Article i 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."
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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 "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, 2000 to September 30, 2001.
5.2 CITYshall submitto 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.
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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.
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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 by law. Nothing herein is intended to serve as a waiver
of sovereign immunity by any party to which sovereign immunity may be applicable.
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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.
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
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
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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:
FOR BROWARD COUNTY:
Broward County Office of Integrated Waste Management
Recycling & Contract Administration Division
One North University Drive, Suite 400-B
Plantation, Florida 33324
FOR CITY:
6011 Nob Hill Road
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,
M
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
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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 OF 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 AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
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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 Y2K 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 INCORPORATION 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.
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9.21 MULTIPLE 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
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
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)
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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
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex Off icio Chair
Clerk of the Board of County
Commissioners of Broward day of 120.
County, Florida
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
ID
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CAROLS. WOLFF
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND TAMARAC FOR THIRTEENTH
YEAR RECYCLING GRANT PROGRAM
ATTEST:
Clerk
(SEAL)
CSW:rl
recycl00.TM
10/23/00
00-082.03
CITY
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TAMARAC
M r or -Manager
46ay of 20 00
BROWARD COUNTY
YEAR 13 (FY 2000 - 2001)
RECYCLING &EDUCATION GRANT APPLICATION
Name of City: Tamarac
Official Address of City: 7525 NW 88 avenge, Tamarac, FL 33321
Telephone Number: 7 2 4 -1 2 3 0
Name and Signature of Authorized Official:4�111- 7
Jeffrey L. Miller'".
Name (Print) Signature
Name of Recycling Contact Person: Jean Dupuis
Address: 6011 Nob Hill Road, Tamarac, FL 33321
Telephone Number:
Employer Identification Number:
724--2405
591039552
Is recycling mandatory in your municipality? Yes No
Commercial X
Residential X
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
$9.496.00
Total Funds
$9, 496.00
$9 496.00
PLEASE RETURN THE COMPLETED APPLICATION TO THE ADDRESS BELOW NO
LATER THAN AUGU511, 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 COPIES OF ANY ORDINANCES OR WRITTEN
POLICIES PROMOTING PURCHASE F RECYCLED CONTENT PRODUCTS.
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.
ATTACHED ARE 2 TABLES FOR YOU To COMPLETER YOUR CITY
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Department of
Environmental Protection
Jeb Bush
Governor
1. Grantee:
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEPARTMENT OP ENVIRONMENTAL PROTECTION
RECYCLING AND EDUCATION GRANT
QUARTERLY/MONTHLY REIMBURSEMENT REQUEST
David B. Struhs
Secretary
2. Grant Number: REOI-04 3. Payment Request Number:
4. Expenditures S. Cumulative
from from
to 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
Page 1 of 2
"Pmtct-t Conserve and Manage fivgda's Enyiromment and Natural Resources"
Printed on regvw paper.
Page 2
Grant Number Payment Request Number
In requesting this payment the undersigned represents that helshe is duly authorized to
act on behalf of the recipient.
Signature of Authorized Representative (Not Stamn) Date
Please return original to:
lAnnie McGirt, Grants Coord.
Broward County Recycling &
Contract Administration
One N. University Dr.,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: rburkeCbroward.org
Municipality: For the Month of:
Mailing address:
Contact Name:
Fax Number:
COMMODITY
Newspaper
Commingled Material
Glass
Aluminum Cans
Plastic bottles
Steel cans
CA D debris
Yard trash
White Goods
Tires
Ferrous metals
Non-ferrous metals
Cardboard
Mixed Paper
Miscellaneous
TQTAL TONS
Single Family I Multi
Telephone #:
E-Mail address:
TONNAGE
Wily Drop-offs Commercial Other Name of Recycler where materials
_ are being taken
Number of Units Serviced:
Single Family: Multi -Family:
Please call 765-4202 extension 230 for additional help.
Drop off locations:
AL ALL. TONS
EXHIBIT D
Department of
Environmental Protection
'"�•+�""''� Twin Towers Office Building
jeb Bush 2600 Blair Stone Road David B. Struhs
Governor ' lorida 32399-2400 Secretary
RECYCLINGTallahassee,
A LMUCATION GRANT AGREMIENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATt1TES
PART I -- GRANT NOTIFICATION INFORMATION
.1. Grant Number:. 9E01-04 2. Date of. Award: July 1, 2000
3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT
4. Grant.Period: October.l, 2000 - September 30, 2001
.5. Grant .Amount i $S07,431
Recycling and Education
Base Portion: $197,173
Incentive Portion: $310,258
Total Grant Amount:. $507.,431
6.. 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 Desjarlais
Title: County Administrator .
Phone: 954-357-7350
9. Contact Person: .:
Name:. .Jim Bock
.,Address:. Manager, Recycling Programs:..
201 South Andrews Avenue'.
Ft. Lauderdale, Florida, 33301:
Phones 954-765-4202 Ext. 224
10.. Total population of Grantee(s):from official April 1, 1999,
Population Estimates: 1,490,289
11. Issuing Office:
Florida Department of Environmental Protection,
Bureau of Solid and Hazardous Waste
2600 Blair Stone.Road
Tallahassee, Florida 32399-2400
(850) 488-0300
?ra,o--t, Cons,!rve'and Noiage l'lorido's F1^virkrment and P o-wrcl Rasources"
Printed on recyded Paper.
A. GENERAL CONDITIONS:
1. The method Of payment,
September 30, 2001, will be
only.
for the period October 1, 2000 through
on a reimbursement basis for direct cost
2.. The grantee shall elect to submit reimbursement requests on
either
I monthly or quarterly basis. The method chosen shall be followedforthe entire grant period. An original of the reimbursement request, with
summaries and appropriate contracts attached, shall be dus on the last
day of the month following the end of the reporting period
(monthly
quarterly). Each reimbursement request shall be submitted indetailor
sufficient for pre audit and post audit review.
3. Grant funds may be expended through September 30, 2001. A final
reimbursement request must be submitted no 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 in
Section 62--716.430 of the Solid Waste Grants Program Rule:
(a) Solid waste recycling grants shall be used to provide
for recycling program capital costs, funding
which include equipment -
solid
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
local governments in recyclinass,g projects to assist
and demolition debris, white goods, and lmetals land lin 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 of 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
l recyc
programs unless the applicant demonstrates that such existingling
Programs cannot be integrated into the planned recycling program.
0
e �
6. Each recipient of grant funds shall maintain accurate records 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 end 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 later.
8. Grant funds shall be included in the
grantee's
ubject
to the requirements of CH.215.97, F.S.. Acopy ofallSingleAuditsshall 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 noncompliance 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.
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 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 112.061, 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.
0
Grant 0 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, 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 costa
incurred up to and not exceeding $ 507,431.
Grant Application dated 06/27/00, included herein by reference.
THE STATE OF FLORIDA 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 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:
Signature of Authorized Representative Date
Roger Desjarlais
County Administrator
Please return to:
Department of Environmental Protection
Bureau of Solid and Hazardous Waste
Solid Waste Section - M.S. 1 4565
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Public Works Department
Office of Integrated Waste Management
Recycling & Contract Administration Division
1 N. University Drive, Suite 400-8, 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 execution and return all copies (along with your spendingplan and authorized signature
form), to me as soon as possible. No funds can be reimbursed 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 9.7 - NOTICES, ON PAGE 9 OF THE AGREEMENT, AS
WELL AS THE SPENDING PLAN AND SIGNING AUTHORITY 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 recycled paper
BROWARD COUNTY BOARO OF COUNTY COMMISSIONERS —An Equal Opportune Employer and Provider of Services
Norman Abramowitz Scott 1. Cowan Suzanne N. Gunzberger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr.
Visit us on the Internet: www.broward.org/oiwm
C7
YEAR 13 RECYCLING GRANT FIGURES
Estimated
Population Amount
County Total .1,490,289
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
148,971
$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
$1,425
Margate
50,727
$6,788
Miramar
54,583
$7,304.
North Lauderdale
29,903
$4,002
Oakland Park
28,236
$3,779
Parkland
13,219
$1,769
Pembroke Park
4,784
$640
Pembroke Pines
120,091
$16,071
Plantation
80,434
$10,764
Pompano Beach
74,403
$9,957
Sea Ranch Lakes
616
$0
Sunrise
78,413
$10,49a
Tamarac
52,413
$7014
Weston 42,522 $5,690
Wilton Manors 11,795 $1,578
Unincorp Broward 128,029 $17,133
Municipal Projects $2,795
City Total $199,431
Administration $140,000
Programs Support & Consultant Fees $168,000
$507.431
IlPer capita amount 0.131
*Official University of Florida population figures supplied by DEP.
IKI