HomeMy WebLinkAboutCity of Tamarac Resolution R-91-208Temp. Reso. # e / 7 7j
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91-_;_�Olb
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
BROWARD COUNTY AND THE NORTH CITIES: A GROUP
OF MUNICIPAL CORPORATIONS IN THE STATE OF
FLORIDA, CONSISTING OF COCONUT CREEK, LAUDER--
HILL, MARGATE, NORTH LAUDERDALE, AND TAMARAC
FOR FOURTH YEAR RECYCLING GRANT PROGRAM; AND
PROVIDING AND EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1 : That the appropriate City officials are
hereby authorized to execute an Agreement between Broward
County and the North Cities: a group of municipal corpora-
tions in the State of Florida, consisting of'Coconut Creek,
Lauderhill, Margate, North Lauderdale, and Tamarac for fourth
year recycling grant programs and that agreement being
attached hereto as "Exhibit 1".
SECTION 2 : This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this ay of 1991.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
ALAN F .
CITY ATTOVNEY
northcitiesreso
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MIANOR
OIS rf• ltCT 41
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AGREEMENT
Between
BROWARD COUNTY
and
THE NORTH CITIES:
A GROUP OF MUNICIPAL CORPORATIONS IN
THE STATE OF FLORIDA, CONSISTING OF
COCONUT CREEK, LAUDERHILL, MARGATE,
NORTH LAUDERDALE,_AND-TAMARAC
far
FOURTH YEAR RECYCLING GR&NT PROGRAM
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AGREEMENT
Between
ROWARD COUNTY
and
THE NORTH CITIES:
A GROUP OF MUNICIPAL CORPORATIONS IN
THE STATE OF FLORIDA, CONSISTING OF
COCONUT CREEK, LAUDERHILL, MARGATE,
NORTH UD ALE AND RAC
for
FOURTH YEAR RECYCLING GRANT PROGRAM
„Z.g1-208''
This Agreement for Fourth Year Recycling Grant Funds dated
, 19 hereinafter referred to as the
'Agreement”, is entered into by and between THE NORTH CITIES: A
• GROUP OF MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING
OF THE CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH
LAUDERDALE, AND TAMARAC, hereinafter referred to as "CITY," and
BROWARD COUNTY, a political subdivision of the state of Florida,
hereinafter referred to as "COUNTY."
W I T N E S S E T H
WHEREAS, COUNTY and CITY have entered into,an Interlocal
Agreement for Solid Waste Disposal Service, dated November 25,
1986, hereinafter referred to as the "Interlocal Agreement"; and
WHEREAS, Section 4.13 of the Interlocal Agreement provides
that the CITY and other municipal corporations which enter into the
Interlocal Agreement, hereinafter referred to as "Contract
communities, of may establish either voluntary or mandatory recycling
programs; and
WHEREAS, Section 12.5 of the Interlocal Agreement provides
that the Contract Communities will supply information required to
make application to state agencies for financial assistance in
providing waste disposal services; and
WHEREAS, Section 12.5 of the Interlocal Agreement further
provides that the Contract Communities will adopt such regulations,
execute such agreements, and do such work as may be required by
state agencies as part of such application for financial
assistance; and
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WHEREAS, the Interlocal Agreement and implementing ordinances
of the COUNTY and Contract Communities created and established
membership in the Broward Solid Waste Disposal District,
hereinafter referred to as "District," headed by a Resource
Recovery Board, hereinafter referred to as "Board," and further
created a Technical Advisory Committee, hereinafter referred to as
"TAC," to advise the County and Board; and
WHEREAS, the state of Florida has created a five (5) year
grant program designed to assist local governments in achieving
specific recycling and waste reduction goals; and
WHEREAS, the COUNTY has, working with the District's Board and
TAC, on behalf of the COUNTY, Contract Communities, and certain
other Broward County municipalities, applied to the Florida
Department of Environmental Regulation, hereinafter referred to as
"Department," for certain fourth year recycling and education grant
funds; and
WHEREAS, the COUNTY has been awarded by the Department certain
fourth year recycling and education grant funds and COUNTY and
Department have entered into a Recycling & Education Grant
*"Grant
dated September 24, 1991, hereinafter referred to as the
"Grant Agreement," in order to implement the proposed grant
program; and
WHEREAS, the COUNTY and CITY wish to enter into this Agreement
in order to provide recycling and related educational services to
the residents and businesses of the CITY and to implement certain
provisions of the Grant Agreement; NOW, THEREFORE,
IN CONSIDERATION of the foregoing premises and the mutual
terms and conditions herein, COUNTY and CITY hereby agree as
follows.
ARTICLE„ 1
SCOPE OF SERV CES
1.1 CITY agrees to provide and implement the following eligible
grant project(s), as proposed in PY92 grant application,
hereinafter collectively referred to as "Project":
Joint Group Cities Multifamily Recycling Program.
1.2 CITY shall submit to COUNTY a detailed progress plan,
hereinafter referred to as "Plan," for the Project which shall
include a detailed work schedule, estimated cash flow
requirements, and proposed work output measures. The Plan
shall be submitted to COUNTY within forty-five (45) days from
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the effective date of this Agreement and thereafter fifteen
(15) days after the close of each financial quarter for the
grant period. This plan shall be used to guide the
implementation of the Project by the CITY and to monitor and
evaluate the Project by COUNTY and Board.
ARTICLE 2
TERM OF AGREEMENT
2.1 This Agreement shall be effective upon execution by COUNTY and
shall remain in effect until September 30, 1992, unless
terminated pursuant to Article 8 of this Agreement.
2.2 Grant funds allocated to CITY shall be used by CITY for
Project related costs incurred between October 1, 1991, and
September 30, 1992, if paid by September 30, 1992.
ARTICLE 3
TERM OF AGREEMENT
• 3.1 CITY shall provide any additional funds required to fully
implement the proposed Project. The budget for the Project is
described and set forth in Exhibit A, attached hereto 'and made
a part hereof.
E
3.2 The maximum amount payable by COUNTY to CITY under this
Agreement shall be Two Hundred Eighty-four Thousand Forty --six
Dollars ($284,046.00). All payments by COUNTY to CITY under
this Agreement shall be contingent upon the COUNTY receiving
grant funds provided for in the Grant Agreement.
3.3 To the extent the Department pays grant funds to the COUNTY
for the Project in the form of a reimbursement, the COUNTY
shall reimburse the CITY such grant funds. Reimbursements
shall be made by the COUNTY to the CITY within thirty (30)
days of receipt of funds by the COUNTY from the Department.
3.4 To the extent that the CITY does not utilize grant funds or
adequately document spending plans in accordance with
Article I, Section 1.2, the COUNTY may reallocate uncommitted
funds in compliance with the recommendation of the TAC. CITY
shall have the opportunity to appear before the TAC prior to
a reallocation.
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ARTICLE" 4
REQUESTS R REIMBURSEMENT AND METHOD OF PAYMENT
4.1 CITY shall submit to COUNTY monthly its request for
reimbursement or report on the expenditure of advanced funds
in the form of an original and two (2) copies of the Report of
Recycling and Education Grant Expenditures Form, more
specifically described and set forth in Exhibit B, attached
hereto and made a part hereof, as it may be modified from time
to time in order for the COUNTY to comply with requirements of
the Department, along with copies of invoices and other
expenditure support documentation as required by COUNTY. The
reimbursement requests shall include all costs from October 1,
1991, to September 30, 1992.
4.2 CITY shall submit to COUNTY monthly, its recovery of recycled
material report in the form of an original and two (2) copies
of the Monthly Recycling Report Form, more specifically
described and set forth in Exhibit C, attached hereto and made
part thereof, as it may be modified from time to time in order
to comply with requirements of the Department, along with
copies of other recovery support documentation as required by
COUNTY.
4.3 CITY shall maintain accurate records of all Project revenue
and expenditures including grant and any additional funds used
and shall make available such records at all reasonable times
for inspection, review, and audit by the COUNTY and
Department. COUNTY shall maintain accurate Grant Agreement
records and shall make available such records at all
reasonable times for inspection, review, and audit by the CITY
and Department. Records shall be kept for at least three (3)
years.
4.4 CITY shall include the grant funds received from COUNTY in
CITY'S annual audit performed under the Single Audit Act
(A128). A copy of CITY'S single audit shall be submitted to
the Department's Solid Waste Section by March 31, of each
year.
4.5 Should the Department terminate the Grant Agreement, refuse a
request for reimbursement or demand a refund due to the COUNTY
or CITY not maintaining accurate records or making 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.
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4.6 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 October 15, 1992.
ARTICLE 5
EVALUATION AND MONITORING
CITY agrees that COUNTY will carry out periodic monitoring and
evaluation activities on behalf of the District. Such evaluation
will be based on the terms of this Agreement, Grant Agreement,
Department policies, rules and regulations, and comparisons of
planned versus actual progress relating to Project scheduling,
budget, and output measures.
ARTICLE 6
MISCELLANEOUS
6.1 The following provisions in the Interlocal Agreement are
hereby incorporated by reference and made a part of this
Agreement:
a.
Section
11.1
- Relationships of the Parties;
b.
Section
12.1
- Assignment;
C.
Section
12.2
- State and Federal Laws;
d.
Section
12.6
- Incorporation of Agreements;
e.
Section
12.9
- Severability; and
f.
Section
13.1
- Indemnification.
6.2 COUNTY and CITY shall cooperate and coordinate purchases of
material and equipment acquired for Project. CITY may
purchase material and equipment for Project from contract
award sheets of COUNTY.
6.3 CITY shall notify COUNTY at least sixty (60) days prior to
disposing of any piece of equipment, with an original purchase
price of Five Hundred Dollars ($500.00) or more, purchased
with grant funds. COUNTY shall have the right to purchase
from CITY such pieces of equipment at any time during the
sixty (60) day notice period for Twenty Dollars ($20.00).
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6.4 COUNTY and CITY agree to comply with the Department's rules
concerning grant funds.
ARTICLE
NOTICES
Notices shall be given as provided in Section 12.4 of the
Interlocal Agreement, said provisions hereby incorporated by
reference, except that such notices shall be addressed as follows:
To COUNTY:
Broward County Solid Waste Management Division
Attention: Division Director
200 Park Central South, Suite 3
Pompano Beach, Florida 33064
To CITY:
with a copy to:
To District:
Broward County Office of Integrated Waste Management
115 South Andrews Avenue, Room 406
Fort Lauderdale, Florida 33301
ARTICLE 8
TERMINATION
8.1 This Agreement is subject to the availability of funds.
Should funds no longer be available, this Agreement may be
terminated by either the COUNTY or CITY on ten (10) days
notice.
8.2 If, through any cause, CITY fails to commence work on the
Project within sixty (60) days, after execution of this
Agreement or fails to fulfill in a timely and proper manner
its obligations under this Agreement, or if CITY shall violate
any of the covenants, agreements, or stipulations of this
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Agreement, COUNTY shall thereupon have the right to terminate
this Agreement or suspend payment in whole or in part by
giving CITY notice and specifying an effective date at least
ten (10) days before the effective date of termination or
suspension. COUNTY shall exercise such right only upon
recommendation of the District's Board.
8.3 Notwithstanding the above, CITY shall not be relieved of
liability to COUNTY for damages sustained by COUNTY by virtue
of any breach of this Agreement by CITY, and COUNTY may
withhold any payments to CITY, for the purposes of set off
until such time as the exact amount of damages is determined,
provided such CITY damages to the COUNTY shall not exceed
monies paid CITY by COUNTY hereunder.
8.4 In the best interest of the District's overall recycling and
education program or Project, either party may terminate this
Agreement upon giving thirty (30) days notice of its intent
and stating its reasons for doing so.
8.5 In the event of termination, CITY shall submit a final request
for reimbursement or report on the unspent grant funds on the
Report of Recycling and Education Grant Expenditures Form to
COUNTY within thirty (30) days. With this final report, CITY
shall return to COUNTY any reimbursed funds to CITY, by
COUNTY, from the Department for expenditures deemed not
directly related to the grant funds. The COUNTY shall" in turn
return such funds to the Department under the terms of the
Grant Agreement.
ARTICLE 9
AMENDMENTS
9.1 No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless
contained in a written document executed with the same
formality and of equal dignity herewith.
9.2 COUNTY and CITY agree to amend this Agreement to conform with
changes in Department guidelines and rules and regulations and
amendments to the Grant Agreement governing the Project.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers or
representatives as of the date first above written.
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AGREEMENT BETWEEN BROWARL COUNTY AND THE NORTH CITIES: A GROUP OF
MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE
CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND
TAMARAC, FOR FOURTH YEAR RECYCLING GRANT PROGRAM
Elio*W
County Administrator and
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
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COUNTY
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
LORI NANCE PARRISH, Chair
day of
19
Sit
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone; (305) 357-7600
Telecopier: (305) 357--7641
By
LORI G. SMITH
Assistant County Attorney
A
AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH CITIES: A GROUP OF
MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE
CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND
TAMAR.AC, FOR FOURTH YEAR RECYCLING GRANT PROGRAM
ATTEST:
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(CORPORATE SEAL)
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9/23/91
recynort,AO1
191-300
CITY
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TAMARAC, as part of
THE N011ti CITIES . A
By
JOHN P. KFLLLY,
Approved as to farm:
RMENNINEW
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r:
AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH CITIES: A GROUP OF
MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE
CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND
TAMARAC, FOR FOURTH YEAR RECYCLING GRANT PROGRAM
CITY
ATTEST:
TAMARAC, as part of
THE NQ*H CITIES
BY
NORMAN AgR M ITZ,
JOHN P. KELLY,
(CORPORATE SEAL)
day of f , 19 91
0
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9/23/91
recynort,A01
40 191-300
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Approved as to form:
Attorn
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AGREEMENT BETWEEN BROWARD COUNTY AND THE NORTH CITIES: A GROUP OF
MUNICIPAL CORPORATIONS OF THE STATE OF FLORIDA, CONSISTING OF THE
CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE, AND
TAMARAC, FOR FOURTH YEAR RECYCLING GRANT PROGRAM
CITY
ATTEST: T , as part of
THE TH CITIES
JOLiN P. KEL_.TY,
(CORPORATE SEAL)t
day of U , 19 9 .
LGS:sc
9/23/91
recynort,A01
#91-300
-9
Approved as to form:
A torney