HomeMy WebLinkAboutCity of Tamarac Resolution R-89-2931
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Temp. Reso. #5597
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89-,2473
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITIES OF COCONUT
CREEK, LAUDERHILL, MARGATE, NORTH
LAUDERDALE AND TAMARAC PERTAINING TO A
JOINT RECYCLING PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION l: That the appropriate City Officials are hereby
authorized to execute an Interlocal Agreement between Coconut
Creek, Lauderhill, Margate, North Lauderdale and Tamarac pertaining
to a joint recycling program, a copy of said agreement being
attached hereto as "Exhibit 1".
SECTION 2: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this e2.-;2- day of 1989.
ATTEST:
CAROL A EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
*c�A ba
RICHARD DOODY
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWi
DISTRICT 1: C4M�ROH
DISTRICT 2: R
DISTRICT 3: C/M H2FEMAN
DISTRICT 4: V/M BENDER
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INT RECYCLING PROGRAM ADMINISTRATION INTER—L ALA R M NT
THIS INTER -LOCAL Agreement is entered into this day of , 1989, pursuant to the
provisions of Article Vill, Section 2 (b), of the Consth�on of the State of FlorkTa—,Section 163.01, Florida
Statutes, entitled "Florida Inter -local Cooperation Act of 1969" Chapter 166, Florida Statutes entitled
"Municipal Home Rule Powers Act" and other applicable provisions of state and local law, by and between
the Cities of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac, all being Florida municipal
corporations. The agreement provides for a Joint Recycling Program among the parties and the
administration of said program. The parties to this Agreement shall be known collectively as the Joint
Recycling Group Cities.
WHEREAS, the Solid Waste Management Act of 1988 provides requirements for the reduction of the waste
stream through recycling efforts; and
WHEREAS, the parties hereto intend to efficiently utilize their respective powers, resources and capabilities
by cooperating in the formation of a JOINT RECYCLING PROGRAM to develop waste recycling programs
to meet the requirements of the Solid Waste Management Act of 1988 as mandated by the State Legislature;
and
WHEREAS, based on economies of scale, contiguous service areas and common efforts, it is in the best
Interest of the Cities of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac to develop a joint
recycling program; and
• WHEREAS, each member city has previously adopted a Resolution by its governing body adopting a policy
of developing a joint recycling program and certain goals of said program for implementation contained in
Exhibit "A" attachd hereto and made a part hereof.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as
follows:
SECTION 1: AUTHORITY
A) This Inter -local Agreement is entered into pursuant to provisions of Section 163.01, Florida Statutes,
commonly known as the "Florida Inter -local Cooperation Act of 1969", and all applicable provisions
of said act and incorporated and made a part hereof.
B) The governing body of each member city shall authorize the execution of this Agreement by
Resolution prior to a city participating in this Agreement .
C) As a condition precedent to its effectiveness, this Inter -local Agreement and any subsequent
amendments hereto, shall be filed with the Clerk of the Circuit Court of Broward County and with
the Department of Community Affairs of the State of Florida.
D) This Agreement shall be effective upon execution by the appropriate City Officials) of each city who
shall be responsible for its implementation.
SECTION _2:_GENERAL POWERS
A) This Agreement establishes the JOINT RECYCLING GROUP CITIES which includes the Cities of
Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac.
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B) The JOINT RECYCLING GROUP CITIES shall have the following powers:
To contract with and to enter Into agreements with private vendors for the establishment of
recycling programs in accordance with duly authorized and executed Ordinances of the
governing body of each city.
To accept grant or other funds and enter into agreements on behalf of the JOINT
RECYCLING GROUP CITIES for the purposes of establishing and funding Recycling
Programs in accordance with duly authorized and executed Resolutions of the governing
body of each city.
• To administer a Joint Recycling Program based on the goals outlined in Exhibit W.
To purchase equipment and materials for the purposes of establishing a Recycling Program.
To establish uniform user fees or rates to pay for recycling services by the residents and/or
customers of the various cities.
To approve any user fees or rate increases In accordance with applicable services
agreements.
SECTION 3: ADMINISTRATION
A) The following individuals shall represent the various cities and act as the Administrative Committee
for purposes of contract negotiations, establishment and monitoring of recycling program guidelines
and implementation of the powers outlined in Section 2 B) of this Agreement.
Coconut Creek - City Manager •
Lauderhill - Mayor
Margate - City Manager
North Lauderdale - City Manager
Tamarac - City Manager
B) The governing body of each member city shall approve by Ordinance the original rate or fee to be
charged to the residents or customers for recycling services. All other increases in fees or rates for
recycling services shall be subject to the approval of the Administrative Committee.
C) The assigned representative of the City of North Lauderdale shall act as the Group Cities
representative for purposes of administrating any agreement(s) entered into with a third party vendor
for recycling programs.
D) The assigned representative of the City of Coconut Creek shall act as the Group Cities representative
for purposes of entering Into and administering any agreement for State, County Grant Funds, or
other funds including the acceptance and disbursements of grant funds on behalf of the Group
Cities.
E) The Administrative Committee shall meet from time to time at the call of any member
city/representative as required for purposes of carrying out the aims of this Agreement.
F) Each member city shall contribute to the City of Coconut Creek and the City of North Lauderdale
the sum of $750 and $500 respectively for the purposes of reimbursing those cities for operating
expenses associated with their obligations contained herein. This payment shall be made upon
execution of this agreement.
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N 4: TERM OF AGREEMEN
A) The term of this Agreement shall be for a period of five (5) years from the date of execution. The
term of this Agreement shall be automatically renewed for like terms hereafter unless a member shall
provide written notice of termination by Certified Mail to the other member at least 90 days prior to
the termination of the initial term or renewal term.
B) In the event a member of the Group Cities decides to terminate service provided under this
Agreement or take any action Inconsistent with the terms of the Recyling Program, prior to the
expiration of the original five year term, said city covenants and agrees to pay the remaining Group
Cities as costs, but not as a penalty, the sum of $100,000, pro rated by the following formula;
During the first year of the agreement: $100,000
During the second year of the agreement: $80,000
During the third year of the agreement: $60,000
During the fourth year of the agreement: $40,000
During the fifth year of the agreement: $20,000
All Group Cities agree that this payment shall not be paid from their Ad Valorem Tax revenues.
$ECTION 5: OWNERSHIP OF ASSETS
A) In the event the Group Cities obtain or purchase any assets (i.e. equipment, trucks, containers, etc.)
for the purposes of establishing recycling programs, such property shall be the property of the
Group Cities. However, the City of Coconut Creek is designated as the City which shall account
for all assets on its books and records.
B) At the time of the termination of this Agreement by all parties, the City of Coconut Creek shall be
responsible for the disposition of all assets and shall, subsequent to deducting its costs for the
disposition of the assets, distribute the proceeds derived therefrom in equal amounts to the parties
to this Agreement .
SECTION 6: NOTICES
All notices required or contemplated by this Agreement shall be personally served or mailed, postage
prepaid and return receipt requested, addressed to the parties as follows:
To: City of Coconut Creek
To: City of Lauderhill
To: City of Margate
To: CRY of North Lauderdale
City Manager
4800 W. Copans Road
P.O. Box 63-4007
Coconut Creek, FI. 33063
Mayor
2000 City Hall Drive
Lauderhill, FI. 33313
City Manager
5790 Margate Boulevard
Margate, FI. 33063-3699
City Manager
701 S.W. 71 st Avenue
North Lauderdale, FI. 33068
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To: City of Tamarac City Manager
7525 N.W. 88th Avenue
Tamarac, Fl. 33321
The agreement shall be govemed and enforced pursuant to the laws of the State of Florida, any litigation
shall be commenced in Broward County, Florida.
Section headings inserted herein are for convenience only, and are not intended to be used as aids to
Interpretation and are not binding on the parties.
SECTION • AMENDMENT
This Agreement may be modified or amended only by a written Agreement duly executed by the parties
hereto or their representatives.
SEMION 1SEVERABILITY
The invalidity of one or more of the phrases, sentences, clauses or Sections contained in this Agreement
shall not affect the validity of the remaining portion of the Agreement so long as the material purposes of
this Agreement can be determined and effectuated.
SECTION 11: SUCCESSM AND AraSIGNS
This Agreement shall be binding upon the Parties hereto, their successors and assigns.
SECTION 12: ENTIRETY
This Agreement and any Exhibits attached hereto contain the entire Agreement between the parties as to
the matters contained herein. Any oral representatives or modifications concerning this Agreement shall be
of no force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands as of this day of
1989 and have caused this Inter -local Agreement to be entered into and
executed.
GROUP CITIES:
CITY OF COCONUT CREEK
By:
Title:
CITY OF LAUDERHILL
By:
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Approved to form and
Attest:
Approved as to form and sufficiency:
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Title: 0
City Attorney
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CITY OF MARGATE
By:
Tide:
CITY OF NORTH LAUDERDALE
By:
Title: [' , -I�,yi✓1
CITY OF T A
By:
Title: C,
• WP/RECYLADM.AGR
Revised:
10/10/89
10/23/89
10/31/89
11/07/89
11/20/89
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Attest:
Approved as to form and sufficiency:
Ctty Attorney
Attest:
as to rT'.
sufficiency:
��
Attest
Approved as to form and sufficiency:
City Attorney C)
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RECYCLING PROGRAM GOALS
1. To jointly develop one recycling program with the Cities of
Coconut Creek, Lauderhill, Margate, North Lauderdale and
Tamarac based on economics of scale, contiguous service areas
and common efforts in order to comply with the Solid Waste
Management Act of 1988.
2. To authorize the participation and instruct each City Manager
to work closely with the other cities to implement the
following program, schedule and guidelines:
a) The initial emphasis for the joint recycling program will
be to reduce newspaper waste by establishing a curbside
pick-up program in single family areas.
Objective: Prepare request for proposals to be transmitted
to private sector vendors and analyze results based on a cost
comparison including the option of a joint program operated
by the municipalities, provide recommendations on results of
RFP.
Ighedule: March to May 1989
Begin promotional campaign and start-up first
phase of program.
gghedule: December 1989
b) The second phase of the joint recycling program will
address aluminum and glass materials.
Qhjectiy-ql Based on the results of newspaper program review
the implementation of aluminum and glass materials recycling
program for curbside pick-up in single family areas.
rche.ogle: October 1990
Qbiective: Begin promotional campaign and start-up second
phase of program.
Schedule: January 1991
c) Evaluate waste stream reduction to determine if further
recycling efforts are required including the
participation of condominiums and multi -family
developments.
Sghedule: January 1992 0
Waste.mem/pg.3