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HomeMy WebLinkAboutR-1991-066 RESOLUTION NO. 66-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR SOLID WASTE RECYCLING COORDINATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the Interlocal Agreement between Broward County and the City of Dania for Solid Waste Recycling . Coordination, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved and the appropriate city �1 a officials are directed to execute same. ; = i f!! Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. i PASSED and ADOPTED this 11th day of June 1991. - -MAYOR - COMMISSIONER ATTEST: ITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS FRANK C. ADLER, City Attorney Resolution No. 66-91 1 4 INTER-LOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR SOLID WASTE RECYCLING COORDINATION This Inter-local Agreement is being entered into this day of , 1991, by and between Broward County (hereinafter referred to as County): and the City of Dania (hereinafter referred to as Contract Community) for the purpose of regional planning and coordination of solid waste recycling efforts in compliance with the Florida Solid Waste Management'Act of 1988 (F.S. Section 403) . WHEREAS, the State of Florida has passed the Solid Waste ,j„'. �r' Management Act of 1988 requiring County Governments and their Partner Cities to reduce their solid waste stream by 30% by the -�! end of 1994; and, WHEREAS, recycling program costs can best be controlled by realizing economies of scale resulting from coordinated planning of programs including public education and recoverable materials u marketing; and, WHEREAS, it is recognized that it is in the best interest of "' all communities to have a regional processing facility in place to 'y' d sort and process co-mingled recyclables that are collected from residential units and the commercial sector; and WHEREAS, each community must maintain control of the flow of materials in order to direct recyclables to the best markets; and, WHEREAS, a Solid Waste Disposal District headed by the Resource Recovery Board and Technical Advisory Committee has been ' created to oversee solid waste issues in Broward; and, WHEREAS, State grant funding will be made available to the Partner Cities for fiscal years 1992 , and 1993 without requirement of matching funds as long as 75% of Broward's municipal population are represented by this agreement; and, WHEREAS, any contract community which drops out of this agreement will be required to return all grant funds received from Fiscal Year 1992 , and 1993 grant funds thereafter; and WHEREAS, it is the expressed commitment of each contract community to make a joint application to DER for grant funds through 1993 . EXHIBIT "A" NOW irt[EREFORE, the County and Contract Communities hereto mutually agree as follows: SECTION 1. EFFECTIVE DATE AND EXPIRATION: This Agreement shall be effective on July 1 , co The agreement shall extend through September 30 , 1993 to coincide with the expiration date of the Department of Environmental planned P This Agreement Recycling and Education Grant Program- Regulation Grant Program is extended; and may be extended shall be extended automatically if the Department of Environments Regulation and each Contract voluntarily upon mutual consent of County Community. SECTION 2. CODNTY OBLIGATIONS: County shall be responsible for the grant administrative coordination and support of all recycling programs within its jurisdiction. This responsibility shall include, but not be limited to, the following activities. The Office of Integrated Waste Management's Recycling Section ghe prepare a long range recycling plan which will bring will p P County and the contract communities into compliance with the State i plan will include both residential and s, market i law. This P new facility construction needs, recycling programs, { development strategies, projected recovered material tonnages, and probable funding needs. This community education activities, Committee for plan will be presented to the Technics °to submission to the review, comment, and final modification prior adoption by the County Resource Recovery Board and subsequent Commission. wide (Z) Continuation of planning and implementation of county- public education activities including the BRInfEEZ Campaign, general advertising, bi-monthly Municipal Information Exchange media s and recycling events, preparation of meetings, periodic workshop graphic arts support public school ubl publications, lot es d on ucatiher related act ities. of MunicipalP page -2- 1 t SECTION 2. COUNTY OBLIGATIONS (CONT. ) (3 ) Continuation of Market Development activities including the planning and design of one or more Materials Recovery Facilities capable of accepting co-mingled recyclables; support of a county- wide Market Development Sub-committee to advise the Technical Advisory Committee on short term and long term Market-related issues; and continuous monitoring of foreign and domestic markets to assure Broward and its contract communities of the highest paying and most dependable markets. (4 ) Continuation of grants management activities required to assure that Broward and its Contract Communities receive their full entitlement of grant funds including: preparation of annual Department of Environmental Regulation Recycling Grant application, preparation of quarterly cost reimbursement requests, preparation of annual Municipal contracts, administrative support of the Grants Review Committee, preparation of Annual Report for Department of Environmental Regulation (and other reports the Department of Environmental Regulation requests) , compilation of material recovery reports for both private sector and Municipally controlled recycling programs, and other related activities. (5) Continuation of program development support services for each Contract Community and unincorporated districts to complete implementation of curbside collection programs, to plan and t implement multi-family, commercial and industrial recycling „ programs, to supply information to Municipal leaders on recycling issues, and to perform the necessary administrative actions to �'. advocate on behalf of the Contract Communities within the Broward Y! County Recycling Program Office. SECTION 3. CONTRACT COMMUNITY OBLIGATIONS: ` Contract Community shall be responsible for planning, implementing, fand monitoring recycling programs within its community for the purpose of meeting the State Mandated 30% waste reduction goal. I These responsibilities will include: (1) Appointing a Contract Community representative and alternate to the Technical Advisory Committee and assuring this representative's active participation in meetings , workshops , Sub- committees, and special projects. The Contract Community representative or alternate shall attend at least 75% of the Technical Advisory Committee and Municipal Information Exchange meetings. ( 2) Submitting annual Recycling Grant Application to the Grants Review Sub-committee by July 15th of each year. Contract Community agrees to accept the allocation of grant funds as approved annually by the Resource Recovery Board and Broward County Board of Commissioners. ( 3 ) Submitting complete and accurate monthly reports on recycling materials collected within the Contract Community's jurisdiction on a standard form provided by the County. page -3- 1 t 4: 1 ' ( 4 ) Assuring control of the flow of recyclable materials for curbside, multi-family, and commercial collections within the Contract Community's jurisdiction to the fullest extent allowed by ordinance or contract. (5) Promulgating procurement guidelines or policies for Municipally purchased products made with recycled content. (6 ) Reviewing Municipal ordinances or building codes that prohibit or restrict recycling containers or which adversely affect implementation of recycling activities. (7) Reviewing appropriate municipal building codes or speci- fications for new construction (or major renovations) to specifically require provision of space and containers for recycling and recovered materials collection. SECTION 4. GRANT DISTRIBUTION FORMULA: County will be allocated approximately 20% of the Recycling and Education Grant funds each year to carry out County obligations described in SECTION 2; however, the use of the amount allocated to County shall be subject to the approval of the Grant Review Committee, Technical Advisory Committee and Resource Recovery Board. Additionally, County shall supplement grant funds with an amount necessary to provide the personnel , operations, and overhead costs required to carry out the activities specified in Section 2 i, required to reach the State recycling goals. The distribution of the remaining approximately 80% of Grant funds will be allocated upon recommendation of the Grant Review Committee. The Grant Review Committee will be a five (5) person group made up of two representatives from small Contract Communities ( less than 50 ,000 population) , two representatives from large Contract Communities (over 50 ,000 population) , and one County ' representative. The Technical Advisory Committee shall select the representatives to make up the Grant Review Committee. Each Contract Community will be informed of its share of the grant funds as recommended by the Grant Review Committee. The Contract Community shall have the right of appeal to the Technical Advisory Committee and then to the Resource Recovery Board. Contract Community agrees to accept the recommendation of the Resource Recovery Board when approved by the Broward County Board of County Commissioners for the final allocation of grant funds. SECTION 5. PENALTY FOR DEFAULT AND TERMINATION: The failure of any party to comply with the provisions of this agreement shall place that party in default. Prior to terminating this agreement, the non defaulting party shall notify the defaulting party in writing. Notification shall make specific reference to the provision giving rise to the default and shall specify a reasonable period of time not less than 30 days for the defaulting party to come into compliance. page -4- 4i SECTION 5. PENALTY FOR DEFAULT AND TERMINATION (Cont. If the defaulting party is a Contract Community and, in the event that the defaulting party elects not to cure the default, this agreement shall be terminated and all Recycling and Education Grant funds received by the defaulting party beginning Fiscal Year 1992 and continuing through the period of time of the default shall be returned to County. All such funds returned by the defaulting Contract Community shall by re-allocated by the Technical Advisory Committee (via the Grants Review Committee) to the remaining Contract Communities. SECTION 6. MODIFICATION: This agreement may be modified at any time by mutual written consent of the County and the Contract Communities . r, SECTION 7. INDEMNIFICATION: Subject to the provisions of Section 768. 28 , F.S. and to the extent permitted by law, the County and each of the Contract Communities a ? agree to indemnify, save and hold harmless all other party members RfI from any and all liabilities, claims or damages of any kind which are or may be imposed for any of its negligent acts or omissions a,l or the negligent acts or omissions of its officers, employees or agents arising out of or pursuant to this agreement and/or the recycling programs for which these grant funds are sought. SECTION 8. RECORDING: I The County, upon execution of this agreement by all the parties, will record a copy of this agreement in the public records of Broward County Florida. IN WITNESS THEREOF, the parties hereto have caused this inter- local agreement to be executed for the uses and purposes therein expressed on the day and year first above-written. page -5- 4: d COUNTY ATTEST BROWARD COUNTY , through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- officio Clerk of the Board of By County Commissioners of Chair Broward County, Florida County Approved as t6 form by Office of the County Attorney for Broward County, Florida JOHN J. COPELAN, JR, County Attorney for Broward Governmental Center Suite 423 115 South Andrews Avenue Ft. Lauderdale ti�'F1'orida 53301 Telephone: (305) 357-7600 By ,a Assistant County Attorney � 1 4J CONTRACT COMMUNITY ' Name of Contract Community I ATTEST: CITY OF D.4NIP. ,/� Mayor Clerk City Manager day of 1991 (Corporate Seal) Approved as to form: Attorney page -6- t � - � � �I I i