HomeMy WebLinkAboutCity of Tamarac Resolution R-91-036Temp. Reso. # _6?990
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91-.'56>
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
BROWARD COUNTY AND THE NORTHWEST CITIES FOR
THIRD YEAR RECYCLING GRANT PROGRAM IN THE
MAXIMUM AMOUNT OF $200,554.00; AND PROVIDING
FOR AN PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Northwest Broward Cities entered into an
agreement with Broward County for Second Year Recycling Funds
on April 18, 1990; and
WHEREAS, the State of Florida has created a five-year
grant program designed to assist local governments in achiev-
ing specific recycling and waste reduction goals: and
WHEREAS, the Northwest Broward Cities Group has applied
for and received $200,554.00 in grant funds for third year
recycling;
NOW, THEREFORE, BE ,IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1 : That the City Manager is hereby authorized
to execute the Agreement between Broward County and the
Northwest Cities for Third Year Recycling Program in the
maximum amount of $200,554.00.
SECTION 2 : This Resolution shall become effective
immediately upon its passage. —0t,
PASSED, ADOPTED AND APPROVED this day of 1991.
NORMAN ABRAMO ITZ
MAYOR
ATTEST:
26
27
28
29
20
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CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESO(47ION as
to form.
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RECORD OF COUNCIL `DOTE
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Between
And
THE NORTH CITIES: A GROUP OF MUNICIPAL CORPORATIONS IN TH STATE OF
FLORIDA CONSISTING OF THE CITIES OF: COCONUT CREEIK, LAUDERHILL,
MARGATE, NORTH.LAUDERDALE, AND TAMARAC
For
Third Year Recycling Grant Program
This Agreement for Third Year Recycling Grant Funds
dated , 1991, hereinafter referred to as the 91Agreeaent11,
is entered into by and between THE NORTH CITIES, a group of
municipalities in the State of Florida, hereinafter referred to as
"CITY", and Broward County, a political subdivision of the State
of Florida, hereinafter referred to as "COUNTY".
WITNESSETH
WHEREAS, CITY and COUNTY have entered into a 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", may establish either voluntary or mandatory recycling
programs; and
WHEREAS, Section 12.5 of the Interlocal Agreement provides
that the Contract Communities will supply information required to
make application to state agencies for financial assistance in
providing waste disposal services; and
WHEREAS, Section 12.5 of the Interlocal Agreement further
provides that the Contract Communities will adopt such regulations,
execute such agreements and do such work as may be required by
state agencies as part of such application for financial
assistance; and
WHEREAS, the Interlocal Agreement and implementing ordinances
of the COUNTY and Contract Communities created and established
membership in the Broward Solid Waste Disposal District,
hereinafter referred to as "District", headed by a Resource
46 Recovery Board, hereinafter referred to as the "Board", and further
created a Technical Advisory Committee, hereinafter referred to as
"TAC", to advise the Board and County.
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WHEREAS, the State of Florida has created a five 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
the ••Department", for certain third year recycling and education
grant funds; and
WHEREAS, the COUNTY has been awarded by the Department certain
third year recycling and education grant funds and COUNTY and
Department have entered into a Recycling & Education Grant
Agreement dated January_ , 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, CITY and COUNTY hereby
agree as follows:
ARTICLE 1 •
SCOPE OF SERVICES
1.1 CITY agrees to provide and implement the following
eligible grant project(s), hereinafter collectively referred to as
"Project":
JOINT GROUP CITIES 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 45 days from the effective date of this Agreement and
thereafter fifteen (15) days after the close of each financial
quarter for the grant period. This plan shall be used to guide the
implementation of the Project by the CITY and to monitor and
evaluate the Project by COUNTY and Board.
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ARTICLE 2
! TERM OF AGREEMENT
2.1 This Agreement shall be effective upon execution by
COUNTY and shall remain in effect until September 30, 1991, 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, 1990, and
September 30, 1991, if paid by September 30, 1991.
ARTICLE 3
PROJECT FUNDING
3.1 CITY shall provide any additional funds required to fully
implement the proposed Project. The budget for the Project is
described and set forth in Exhibit A, attached hereto and made a
part hereof.
3.2 The maximum amount payable by COUNTY to CITY under this
Agreement shall be $ 0 554 0 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 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 (1.2), the COUNTY may reallocate uncommitted funds in compliance
with the recommendation of the Technical Advisory Committee (TAC).
CITY shall have the opportunity to appear before the TAC prior to
a.reallocation.
ARTICLE 4
REQUESTS FOR REII(BURSEMENT 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.
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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.
The reimbursement requests shall include all costs from October 1,
1990, to September 30, 1991.
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 Should the Department terminate the Grant Agreement,
refuse a request for reimbursement .or demand a refund due to the
CITY or COUNTY not maintaining accurate records or making non -
allowable expenditures, the party causing the loss shall be
responsible, as between the CITY and COUNTY, for any amount lost,
not reimbursed or refunded.
4.5 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, 1991.
ARTICLE 5
EVALUATION AND MONITORING
5.1 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.
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6.1 The following provisions in the Interlocal Agreement are
hereby incorporated by reference into this Agreement.
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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 CITY and COUNTY 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 60 days prior to
disposing of any piece of equipment, with an original purchase
price of $500 or more, purchased with grant funds. COUNTY shall
have the right to purchase from CITY such pieces of equipment at
any time during the 60 day notice period for $20.
011440 CO) 0 ZIMA
7.1 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
Attn: Division Director
. 200 Park Central South, Suite 3
Pompano Beach, FL 33064
To CITY:
with a copy to:
To District:
Resource Recovery Director
Broward County Resource Recovery Office
115 South Andrews Avenue, Room 406
Ft. 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 CITY or COUNTY on ten (10) days notice.
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8.2 If, through any cause, CITY fails to commence work on •
the Project within 60 days, after execution of this agreement or
fails to fulfill in a timely and proper manner its obligations
under this Agreement, or if CITY shall violate any of the
covenants, agreements, or stipulations of this Agreement, COUNTY
shall thereupon have the right to terminate this Agreement or
suspend payment in whole or in part by giving CITY notice and
specifying an effective date at least (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 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 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
M b
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 CITY and COUNTY 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 WE EREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers or
representatives as of the date first above written.
0
IV EST
County Administrator and Ex-
Officio Clerk of the Board
of County Commissioners of
Broward County, Florida
•
ATTEST:
Clerk
(Corporate Seal)
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Chairman
Approved as to form by Office
of the County Attorney for
Broward County, Florida
JOHN J. COPELANI JR,
County Attorney for Broward
County,
Governmental Center, Suite 423
115 South Andrews Avenue
Ft. Lauderdale, Florida 33301
Telephone: (305) 357-7600
By
Assistant County Attorney
10 40 W4
Name of Municipality
Mayor or Manager
day of , 1991
Approved as to form:
Attorney
BROWARD COUNTY
MONTHLY REPORT OF RECYCLING AND EDUCATION GRANT EXPENDITURES
MONTH OF 1991
Grantee: CITY/TOWN:
Grant Number: RE91-04
3. Payment Request Numbegr:
4. Expenditures S. Cumulative
from from
to to
6.(a) Capital Casts -Equiprnent
(b) Capital Costs - Said Waste Weight Scales
(c) Capital Costs - Construction
(d) Capital Costs - Other -
%(a) Temporary Operating Subsides - Salaries
(b) Temporary Operating Subsides - Fringe Benefits
(c) Thy Operating Subsides - Contracts
(d) Temporaty Operating Subsidies - Other
8.(a) Recycling Planning Studes
(b) Recycling Pilot Projects
9.(a) Education Planning Studer
(b) Education Pilot Projects
10. Total Expenditures
11 _ Base Portion
12_(a) Incentive Portion
(b) Match (t applicable)
(c) State Incentive Portion
13. State Grant Portion
Please note:
1. Use typewriter and complete items 1 thru 10 only.
2. Do not complete item number 5.
3. Include a copy of any applicable contracts to this program_
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Page 2
Grant Number: RE91-04
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Payment Request Number:
EXIII13IT "B"
14. Grant Amount
15. Poor Reimbursements
16. This Payment Request
17_ Total State Payments
18. 9alance of Award
In requesting this payment the undersigned represents that he is duly authorized
to.act on behalf of the recipient.
Signature of Authorized Representative
Date
Please note: An Authorized Fiscal Officer cannot sign off on reimbursement
claims.for himself/herself. The appropriate Authorized Fiscal
Officer must sign this form'as applicable. e.g. Level 1 signs
for Level 2 and -vice versa.
Please return One Original of Monthly Report
and invoices together with two (2) copies of each to:
Broward County
Solid Waste.Management Division
200 Park Central Boulevard South
Suite 3
Pompano Beach, Florida, 33064
Attention: Trevor Adheen
Exhibit C
Municipality:
Month:
BROWARD COUNTY
MONTHLY RECYCLING REPORT
Date:
Contact:
I,�Tr,M_
Residential
Commodity I Single Multi Drop --Off Comm'I Broker
Newspaper
Glass
Aluminum Cans
Plastic Cont.
Other (Specify)
TOTAL
#Units Serviced
Single:
Monthly Program Cost:
Ave. Weekly Set Out:
New Programs/Next Month:
Multi:
Ave. Lbs./Unit:
Comm'I:
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ATTEST BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-
Officio Clerk of the Board
of County Commissioners of
Broward County, Florida
ATTEST:
(Corporate Seal)
L�
By
Chairman
Approved as to form by Office
of the County Attorney for
Broward County,'Florida
JOHN J. COPELAN, JR,
County Attorney for Broward
County,
Governmental Center, Suite 423
115 South Andrews Avenue
Ft. Lauderdale, Florida 33301
Telephone: (305) 357-7600
By,
Assistant County Attorney
C4 Q W4
7y-#A AR AC.
Name of Municipality
1 y day of , 1991
Approved as fo
torney