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HomeMy WebLinkAboutR-1991-144 n RESOLUTION NO. 144-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND TE TIRE THE CITY AGREEMENT, AND FOURTH R PROVIDINGFORS GRANT AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: section 1. That the certain agreement between Broward County and the City of Dania for Fourth Year Waste Tire Grant Agreement, a copy of which is attached hereto and made a part hereof as ame is hereby approved and the Exhibit "A" , be and the s { appropriate city officials are directed to execute same. P Section 2 . That this resolution shall be in force and take 1 effect immediately upon its passage and adoption. ber Dece — PASSED and ADOPTED on this loth y of , 1991. day I AYO -COMMISS ONER ' ATTEST: ''�A�' ITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: e FRANK C. ADLER, City Attorney 144-91 Resolution No. } i 1 r1 ' R AGREEMENT ` BETWEEN f BROWARD COUNTY AND CITY OF DANIA A` FOR FOURTH YEAR WASTE TIRE GRANT AGREEMENT EXHIBIT "A" r: TA3LE_OF CONTENTS ARTICLE PAGE WITNESSETH . . . . . . . . . . . . . . . . . . . . . 1 1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . 2 2 SCOPE OF SERVICES . . . . . . . . . . . . . . . . . 3 3 TERM . . . . . . . . . . . . . . . . . . . . . . . . 5 4 PROJECT FUNDING . . . . . . . . . . . . . . . . . . 5 5 REQUESTS FOR REIMBURSEMENT AND METHOD OF PAYMENT 6 6 EVALUATION AND MONITORING . . . . . . . . . . . . . 7 '1 • y. 7 EQUIPMENT . . . . . . . . . . . . . . . . . . . . . 8 8 NOTICES 1 1 .i 9 TERMINATION . . . . . . . . . . . . . . . . . . . . 9 4 10 AMENDMENTS 10 .J, EXECUTION PAGE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . 10 CITY . . . . . . . . . . . . . . . . . . . . . . . . . 11 EXHIBIT "A PROJECT PLAN EXHIBIT "B" REPORTS i i b- Yi AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF nANIA FOR FOURTH YEAR WASTE TIRE GRANT PROGRAM THIS AGREEMENT for Fourth Year Waste Tire Solid Waste Grant Funds dated December 10 1991 , hereinafter referred to as the "Agreement , " is entered into by and between CITY OF DANIA a municipality in the State of Florida , hereinafter referred to r� as "CITY, " and Broward County , a Dolitical subdivision of the 'i } 'I State of Florida , hereinafter referred to 3s "COUNTY . " 3 WITNESSETH h` WHEREAS , the State of Florida has created a grant program designed to assist local government to remove or, contract for the removal of waste tires ; and WHEREAS , the COUNTY has applied to the Florida Department of Environmental Regulation , hereinafter referred to as the "Department , " for certain Fourth Year Waste Tire Solid Waste Grant funds ; and WHEREAS , the COUNTY has been awarded by the Department certain Fourth Year Waste Tire Solid Waste grant funds and COUNTY and Department have entered into a Waste Tire Solid Waste Grant Agreement dated August 1 , 1991 , hereinafter referred to as the 1 i t , Yi �r.L. "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 remove waste tire solid waste and to implement certain provisions of the Grant Agreement . NOW , therefore , in consideration of the foreaoinci premises and the mutual terms and conditions herein . CITY and COUNTY hereby agree as follows : ARTICLE 1 DEFINITIONS 1 .1 Agreement : This agreement between the specified City and Broward County for Fourth Year Waste Tire Grant Program . 1 .2 City: The municipality in the State of Florida specified in this agreement . 1 .3 Contract Administrator : The Directo of the Broward tj County Office of Integrated Waste Management or designee .. 1 1 .4 County : Broward County , a body corporate and politic and a political subdivision of the State of Florida . 1 .5 Department : Florida Department of Environmental Regulation . I 1 .6 Grant Agreement : The agreement between the Department and County awarding Fourth Year Waste Tire Grant Funds to the i County . 1 .7 Plan : A detailed program plan for the proiect (s) which shall include a detailed work schedule , estimated cash flow requirements , and proposed work output measures submitted by the City to the County . 2 ,w 1 .8 Project is) : Pro iectIs) eligible fGr cost relinbur seine nt under the Department 's Fourth Year Tire Grant Program . ARTICLE 2 SCOPE OF SERVICES 2 . 1 CITY agrees to provide and impler,ent the fcllowin•7 eliaible grant protects , herein collectivel-: referred to as "Proiect (s) : " Construct or operate , or contract for the construction or operation of , a waste tire processing facility and equipment purchases therefore ; Contract for a waste tire nrocessing facility service within or outside the county or state ; ii d Remove or contract for the removal of waste tires from the county , region , or state ; Perform or contract for the nerfcrmance of research designed to facilitate waste tire recycling ; Establish tire collection centers at solid waste ! disposal facilities or waste tire processing facilities ; Provide incentives for establishing or expanding private!), operated waste tire collection centers for the public . A . a, Mi � µ Such Prolect (s) are more specifically described anti set forth ir; Exhibit. "A , " attached hereto and made a part hereof . 2 .2 CITY shall submit to Contract Administrator a detailed program clan , hereinafter referred to as "Plan" for the Prolect (s) which shall include a detailed work schedule , estimated cash Flow requirements and oror,osed work ou'put measures . The Plan shall be submitted to the Contract Administrator within five (5) days from the effective date of this Agreement and thereafter undated and submitted fifteen ( 15) n �[ .. days after the close of each quarter for the grant ueriod (see Section 6 .2) . This Plan shall be used to auide the 4 implementation of the project (s) by the CITY and tc monitor and it to Follcw Plan may evaluate the Prolect (s) by COUNTY . Failure iresult in termination of contract by COUNTY . 2.3 Any equipment purchased by CITY with grant funds must be dedicated to waste tire programs for the life of the equipment . All equipment procured with waste tire arant funds will be titled and tagged to the CITY and included on CITY 's asset listing . 2 .4 CITY agrees to dispose of all waste tires removed with ,grant Funds at Froward County Southwest Regional Landfill or to an alternate permitted tire disposal facility with prior written approval from Contract Administrator . 2 .5 Any drop off sites funded by CITY in part x whole with grant funds shall be available to all Browar:i County =silents sul: lect to the same conditions applicable to CITY res eats . 4 t 9 ' Y� 1 ` ARTICLE 3 TERM 3 . 1 This Agreement shall be effective upon execution by COUNTY and shall remain in effect until September 30 , 1992 , unless terminated pursuant to Article 9 of this Agreement . 3 .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 1)y September 30 , 1992 . ARTICLE_4 PROJECT FUNDING 4 .1 The maximum amount payable by COUNTY to CITY under, this agreement shall be s 35.775.00 All payments by COUNTY to CITY under this agreement shall be contingent upon the COUNTY receivina arant funds provided For in the Grant Agreement 4.2 To the extent the Department pays avant funds to the kj COUNTY for the Project (s) 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 upon receipt of funds by the COUNTY from the Department . 4 .3 To the extent that the CITY does not utilize grant i funds or adequately document spendina plans in accordance with Article 2 , Section 2 .2 , and if CITY and COUNTY concur in writina as to such events , the Contract Administrator may reallocate uncommitted funds at its sole discretion , upon written notice to CITY . 4 .4 COUNTY may allocate such additional funds t _ the CITY at any time durina the term of this Agreement at its sole 5 i is 1 ` i' .discretion , without a formal contract amendment , upon written notice from the Contract Administrator . CITY aarees to use such with the terms of this Agreement . additional funds in accordance ARTICLE S REQUESTS FOR REIMBURSEMENT_AND METHOD OF PAYMENT Contract Administrator monthly its 5 . 1 CITY shall submit to in the form of an oriainai and one request for reimbursement ( 1 ? cony of the Notice of Reimbursement forms, more specifically hibit .B , ,, attached hereto and made described and Set forth in Ex a part hereof , as they may be modified from time to time by .` COUNTY in order to comply with requirements of the Department , G support along with copies of invoices and other expendit ure_ t documentation as required by uests COUNTY . The reimbursement req 1 shall include all costs from October 1 , 1991 to September 30 , 1992 . CITY aarees that timely submission of complete documentation is of the reimbursement requests with supporting essence . In order to meet Department deadlines , CITY t such requests x documentation by aarees that failure to submi the loth Of the succeeding month will be arounds for denial of reimbursement to CITY by COUNTY for grant expenditures under Section 4 .2 . 5 .2 CITY shall maintain accurate records of all Projects) d shall make available suc'n records at revenue and expenditures an all reasonable times for inspection , review and audit the COUNTY and Department . COUNTY shall maintain accurate Grant Agreement records and shall make available such records at all tion , review and audit by 'he CITY and reasonable times for inspec Department . F.�ecords shall aty,arG or as required by Section 119 , Florida Statutes , whichever is greater . 5 .3 Should the Department terminate the Grant Agreement , refuse a request for reimbursement or deimand a refund due to the CITY or COUNTY not maintaining accurate records or ma'r. inj non- allowable expenditures , the party causing the loss shall be responsible , as between the CITY and COUNTY , fcr any amount lost , not reimbursed or refunded . 5 .4 CITY shall submit its final rerruest for reimbursement, to COUNTY no later than September '0 , 1992 , No expenditures paid by CITY after September 30 , 1992 will be reimbursable . ARTICLE 6 1; EVALUATION AND MONITORING ij 6. 1 CITY agrees that COUNTY will carry out periodic 3 'H monitoring and evaluation activities . Such evaluation will be based on the terms of this Agreement . Grant Agreement , Department policies, rules and regulations. 6.2 CITY agrees to attend quarterly meetings with COUNTY or submit written quarterly progress reports to COUNTY describing status of plan (see Section 2.2) implementation . CITY agrees that failure to attend all such meetings or submit all such reports will be grounds for denial of reimbursement to CITY by COUNTY for or-ant expenditures under Section 4 .2 . 7 i l i� •i 1 ` ARTICLE_? EQUIPMENT 7 . 1 CITY shall notify COUNTY at least siXty ic0) 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 niece of equipment at any time during the sixty (60) day notice period for Twenty Dollars (S20 .00) . 7 .2 If equipment purchased with Waste Tire Grant Funds is not used for Waste Tire Program activities as prescribed in this Agreement , ownershi_p of said equipment will revert tc COUNTY at COUNTY 's sole discretion . y O ARTICLE 8 I' 0 it NOTICES 8 . 1 Whenever either party desires to give notice unto the m other , it must be given by written notice , sent by registered United States mail , with return receipt requested , addressed to I the party for whom it is intended , at the place last snecified , as the place for giving of notice in compliance with the provision of this paragraph . For the present , the parties designate the following as the respective places for giving of notices , to-wit : i � Yi For COUNTY : Director Broward County Office of Integrated Waste Management 200 Park Central Boulevard South . Suite #3 Pompano Beach , Florida 33064 With a Copy to the County Administrator Governmental Center , Room 406 115 South Andrews Avenue Ft . Lauderdale , Florida 33301 For CITY : ARTICLE 9 { TERMINATION 1� 7 9 . 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 . 9 .2 If , through any cause , CITY fails to commence work on Ithe Project (s) within sixty (60) days , after execution of this aareement or fails to fulfill in a timely and proper manner its obliaations under this Agreement , or if CITY shall violate any of the covenants , agreements , or stipulations of this Agreement , COUNTY shall thereupon have the riaht to terminate this Agreement or suspend payment in whole or in part by qivina CITY ten ( 10) days notice . 9 .3 Notwithstandinct the above , CITY shall not b= relieved liability to COUNTY for damages sustained by COUNTY bv virtue of any breach of this Agreement by CITY , and COUNTY ma_ withhold 0 i i any payments to CITY , for the purposes of setoff 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 . ARTICLE 10 AMENDMENTS 10 . 1 No mortification , 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 except as set forth in Section 4 .3 . '• 10 .2 CITY and COUNTY agree to amend this Agreement to �i conform with changes in Department guidelines and rules and regulations and amendments to the Grant Agreement governing the G ` Project (s) . 9 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 . COUNTY ATTEST : BROWARD COUNTY , thrcugt, its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- Officio Clerk of the Board of County Commissioners of ---- Broward County , Florida Lori Nance Parrish , Chair 10 i r AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR FOURTH YEAR WASTE TIRE SOLID WASTE GRANT PROGRAM 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 Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By Assistant County Attorney CITY CITY OF DANIA ATTEST: j > Name of Municipality City Clerk-Auditor MAYOR - COMMISSIONER — M1�� Po ' CITYVMANAGER Approved as to form: 1991 loth day of December, By: Frank C. Adler, City Attorney 1 �. , , i