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Home My WebLink AboutR-1991-151 � Y RESOLUTION NO. 151 -91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA PROVIDING FOR SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES WITHIN THE DANIA ANNEXATION AREA; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the certain Interlocal Agreement Between Broward. County and the City of Dania Providing for Solid Waste `•;I;.' Collection, Disposal and Recycling Services Within the Dania 1; Annexation Area, a copy of which is attached hereto and made a ;4 part hereof as Exhibit "A" , be and the same is hereby approved and 3 the appropriate city officials are directed to execute same. G t Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 17th day of December , 1991. % 964_� 14AYOR-COMM SSIONER ATTEST: CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: H� FRANK C. ADLER, City Attorney 151-91 Resolution No. Y i 1 V M, INTERLOCAL AGREEMENT a Between BROWARD COUNTY 111 and CITY OF DANIA Providing for SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES WITHIN THE DANIA ANNEXATION AREA EXHIBIT "A" i 1 J INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF D_ ANIA Providing for SOLID WASTE COLLECTION DISPOSAL AND RECYCLING NG SERVICES DANIA ANNEXATIONAREA This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY , a political subdivision of the state of ` as "COUNTY, " Florida, hereinafter referred to �z AND cipal corporation, hereinafter CITY OF DANIA, a Florida muni referred to as "CITY. " 1j and intent of this Agreement, the WHEREAS, it is the purpose l n � parties hereto, and the Florida Interlocal Cooperation Act of 1969, I , as amended, codified as Section 163 .01, Florida Statutes, to permit ective COUNTY and CITY to and capabilities b1eenablingnt use fthemltorcooperthe powers, resources, y on the basis of mutual advantage and thereby accomplish accord objectives provided for resources availableein in a mton each er hof them will and with best the with the existing needs and developments within their respective jurisdictions; and WHEREAS, the COUNTY is authorized by virtue of Section 125.01(p) , Florida Statutes, to enter into agreements with other governmental agencies within daries of the or outside the boundaries COUNTY for joint performance, or performance by one unit on behalf of the other, of any of either agency' s authorized functions; and WHEREAS, the Broward County Charter, Section 1. 05, provides that county government shall have the power and authority to assume and perform all functions and obligations now or hereinafter performed by any municipality whenever such municipality shall request the performance or transfer of the function to the COUNTY; and WHEREAS, pursuant to House Bill 3555, the City of Dania placed a referendum question on the ballot November 6, 1990, to determine whether those citizens residing in the "Dania Annexation Area" desire to be annexed into the City of Dania as of January 1, ; and 1 Yi WHEREAS, a majority Of the citizens voted in favor of the referendum question for annexation and CITY must now make arrangements to provide for the delivery of certain essential and necessary governmental services to the Dania Annexation Area; and WHEREAS, CITY is desirous of contracting with COUNTY to have the COUNTY provide solid waste disposal, collection and recycling services in the Dania Annexation Area; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 BACKGROUND• PURPOSE AND INTENT .: 1. 1 The above recitals are true and correct and incorporated y. herein as if set forth in full herein. 1.2 It is the purpose and intent of this Agreement for COUNTY and CITY', pursuant to Section 163 . 01, Florida Statutes, to i cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges, and j authorities which they share in common and which each might exercise separately in order to further a common goal. ;. .;' ARTICLE 2 TERM This Agreement shall commence and be effective on October 1, 1991, and terminate December 31, 1991, unless terminated sooner as provided for herein. ARTICLE 3 DANIA ANNEXATION AREA The "Dania Annexation Area" is defined to mean the area of land which was the subject matter of the voter annexation referendum of November 6, 1990, affecting the City of Dania annexing certain lands into the City of Dania effective January 1, 1991, and is more particularly described on Exhibit "A, " attached hereto and made a part hereof. -2- i i 7 r ARTICLE 4 SERVICES TO BE PERFORMED BY COUNTY CITY agrees to transfer to COUNTY the authority to perform the functions of solid waste collection, disposal and recycling services through agreements with private haulers. ARTICLE 5 PAYMENT TO COUNTY BY DANIA In exchange for performing those governmental services specified in Article 4 herein, the CITY agrees and acknowledges that it shall remit or cause to be delivered to COUNTY the garbage and trash special assessment imposed pursuant to Section 30-458 of the Broward County Code for the Dania Annexation Area for the fiscal years 1990/1991. COUNTY acknowledges that it has collected sufficient monies to pay for solid waste collection, disposal and recycling services through December 31, 1991. M a 'f ARTICLE 6 j TERMINATION If CITY breaches any term, condition or covenant of this Agreement and fails to cure same within ten (10) days written notice this Agreement may be terminated by COUNTY upon thirty (30) days written notice. I I ARTICLE 7 NOTICES Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered mail, return receipt requested, hand delivery or by an express mail carrier, (e.g. Federal Express, Purolator, etc. ) with written evidence confirming delivery. The place for giving written notice shall remain as specified herein until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present the parties designate the following as the respective places for giving of notice: -3- i i .o. For Broward County: County Administrator 115 south Andrews Ave. Ft. Lauderdale, FL 33301 With a copy sent to the County Attorney at the same address. For the City of Dania: City Manager 100 W. Dania Beach Blvd. Dania, FL 33304 With a copy sent to the City Attorney at the same address. �? ARTICLE 8 G INDEMNIFICATION ' CITY agrees to indemnify and hold harmless COUNTY from and against all claims of whatever nature arising from or relating to the CITY' S performance of its obligations under this agreement �' ° including, but not limited to, any claims from the private haulers who have contracted with COUNTY to provide the services herein as a result of the CITY ' S failure to make timely payments to the COUNTY. I ARTICLE 9 MISCELLANEOUS PROVISIONS 9. 1 Succession of Agreement. This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 9. 2 Execution Date. The date of the execution of this Agreement shall mean the last day upon which it becomes fully executed by COUNTY and CITY. 9. 3 Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and the resulting document shall -4- k i ry ' _w � r not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.4 No Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be as continuing or future waiver. 9.5 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Agreement. 9 .6 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective heirs, personal representatives, successors, and assigns. 9.7 Gender. All terms and words used in this Agreement regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or use ± � thereof may require. 9.8 Entire Agreement and Modification. This Agreement constitutes the entire understanding and agreement between the parties any may not be changed, altered, or modified except by an instrument in writing, signed by all parties against whom enforcement of such change would be sought. In the event any i term or provision of this Agreement .shall be determined by appropriate judicial authority to be illegal or otherwise IJ invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and affect. 9.9 Governing Law. This Agreement shall be construed and interpreted according to the laws of the state of Florida and venue with respect to any litigation shall be Broward County, Florida. IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized to execute same by Board action on the day of , 19 , and CITY OF DANIA, signing by and through its , duly authorized to execute same. -5- Y i 1 n COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By LORI NANCE PARRISH, Chair Ex-Officio Clerk of the Board of County Commissioners of Broward County, F loridaday of —__r 19— Approved as to form by a 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 l By NOEL M. PFEFFER Deputy County Attorney -6- k � 3 A" y . o ' 7 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA PROVIDING FOR SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES WITHIN THE DANIA ANNEXATION AREA CITY WITNESSES: CITY OF DANIA By Mayor-Commissioner day of 19 li ATTEST: City Clerk City Manager i(SEAL) APPROVED AS TO FORM: By City Attorney I ' NMP:fl DANIA.A02 10/07/91 #91-302 -7- c 1 t 1^ wop a'+ t