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HomeMy WebLinkAboutR-1991-141 RESOLUTION NO. 141 -91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR FOURTH YEAR RECYCLING GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Agreement between Broward County and the City of Dania for Fourth Year Recycling Grant Program, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved, and the appropriate city officials 1j are hereby directed to execute same. Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. 26th November 1991. PASSED and ADOPTED this day of M YOR - COMMISSIONER ATTEST: CITY CLERK AUDITOR APPROVED AS TO FORM AND CORRECTNESS: ANK C. ADLER, City Attorney 141 -91 Resolution No. n , Yi ' v r AGREEMENT ;y Between BROWARD COUNTY and THE CITY OF DANIA for FOURTH YEAR RECYCLING A-GRANT PROGRAM EXHIBIT "A" II y AGREEMENT Between BROWARD COUNTY and THE CITY OF DANIA for FOURTH YEAR RECYCLING GRANT PROGRAM This Agreement for Fourth Year Recycling Grant Funds dated , 19 , hereinafter referred to as the . . �., "Agreement" , is entered into by and between CITY OF DANIA, a municipal corporation of 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. " "1. W I T N E S S E T H WHEREAS, COUNTY and CITY have entered into an Interlocal i Agreement for Solid Waste Recycling Coordination, dated June 11, , j 1991, hereinafter referred to as the "Interlocal Agreement" ; and ,t.t .W I WHEREAS, Section 3 of the Interlocal Agreement provides that ' the CITY shall be responsible for planning, implementing, and monitoring recycling programs within its community for the purpose of meeting the state mandated thirty percent (30%) waste reduction goal; and WHEREAS, Section 3 (3) of the Interlocal Agreement provides that the CITY will supply information required to make application to state agencies for financial assistance in providing waste disposal services; and WHEREAS, COUNTY and other municipal corporations, hereinafter referred to as "Contract Communities, " have entered into another Interlocal Agreement, dated November 25, 1986, hereinafter referred to as "Other Interlocal Agreement"; and WHEREAS, 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 Recovery Board, hereinafter referred to as "Board, " and further created a Technical Advisory Committee, hereinafter referred to as "TAC, " to advise the County and Board; and '1 1 n r: Y WHEREAS, the state of Florida has created a five (5) 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 "Department, " for certain fourth year recycling and education grant funds; and WHEREAS, the COUNTY has been awarded by the Department certain fourth year recycling and education grant funds and COUNTY and Department have entered into a Recycling & Education Grant Agreement dated September 24, 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 A �. reement g 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, k IN CONSIDERATION of the foregoing premises and the mutual terms and conditions herein, COUNTY and CITY hereby agree as ifollows: w- ARTICLE 1 SCOPE OF SERVICES I 1. 1 CITY agrees to provide and implement the following eligible grant project(s) , as proposed in FY92 grant application, hereinafter collectively referred to as "Project" : Residential Yardwaste Recycling. 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 forty-five (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. -2- i E 4. a. K ' \ Yi ARTICLE 2 TERM OF AGREEMENT 2. 1 This Agreement shall be effective upon execution by COUNTY and shall remain in effect until September 30, 1992, 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, 1991, and September 30, 1992, if paid by September 30, 1992 . ARTICLE 3 TERM OF AGREEMENT 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',•',, a part hereof. , Y 3 . 2 The maximum amount payable by COUNTY to CITY under this Agreement shall be Nineteen Thousand Three Hundred Seventeen Dollars ($19, 317 . 00) . 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 a s , ) for the Project in the form of ya grant funds to the COUNTY s•.i shnt, the COUNTY all reimburse the CITY such grant lfundseme Reimbursements ' shall be made by the COUNTY to the CITY within thirty 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 Article I, Section 1.2, the COUNTY may In accordance with funds in compliance with the recommendation lofathete uTAC. tted CITY shall have the opportunity to appear before the TAC prior to a reallocation. ARTICLE 4 REQUESTS FOR REIMBURSEMENT AND METHOD OF PAYMENT 4. 1 CITY shall submit to COUNTY monthly for reimbursement or report on the expenditure ofsadvancedtfunds in the form of an original and two (2)Recyclingcopies of the Report of and Education Grant Expenditures Form, more specifically described and set forth in Exhibit B, attached -3- i 1 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. The reimbursement requests shall include all costs from October 1, 1991, to September 30, 1992 . 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. 4.3 CITY shall maintain accurate records of all Project revenue 1; and expenditures including grant and any additional funds used mes and shall make available such records at all thereaSOCOUNTY nable tland for inspection, review, and audit by TY shall maintain accurate Grant Agreement Department. COUN records such records at all and shall make ava reasonable Department. Records shall be kept for at lreview, and east by the three and years. " 4 .4 CITY shall include the grant funds received from COUNTY in CITY 'S annual audit performed under the Single Audit Act (A128) . A copy of CITY'S single audit shall. be submitted to the Department's Solid Waste Section by March 31, of each year. 4.5 Should the Department terminate the Grant Agreement, refuse a request for reimbursement or demand a refund due to the COUNTY or CITY not maintaining accurate records or making non- allowable expenditures, or for any other reason, the party cauing the le, as the COUNTY ands CITY, for°any ss samount hall elost�,onot breimbursed between or refunded. 4 . 6 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, 1992. ARTICLE 5 EVALUATION AND MONITORING CITY agrees that COUNTY will carry out periodic monitoring and evaluation activities on behalf of the District. Such evaluation -4- t Yam\ will be based on the terms of this Agreement, Grant Agreement, Department policies, rules and regulations, jand comparisons of planned versus actual progress relating to Project scheduling, budget, and output measures. ARTICLE 6 MISCELLANEOUS 6. 1 The following provisions in the Interlocal Agreement are hereby incorporated by reference and made a part of this Agreement: a. Section 2 - County Obligations; b. Section 3 - Contract Community Obligation; C. Section 4 - Grant Distribution Formula; d. Section 6 - Severability and Modification; and e. Section 7 - Indemnification. ' 'Py 6.2 COUNTY and CITY shall cooperate and coordinate purchases of material and equipment acquired for Project. CITY may 1? purchase material and equipment for Project from contract award sheets of COUNTY. 6. 3 CITY shall notify COUNTY at least sixty (60) days prior to ,i disposing of any piece of equipment, with an original purchase i price of Five Hundred Dollars ($500. 00) or more, purchased with grant funds. COUNTY shall have the right to purchase nj from CITY such pieces of equipment at any time during the sixty (60) day notice period for Twenty Dollars ($20.00) . W 6.4 COUNTY and CITY agree to comply with the Department 's rules concerning grant funds. ARTICLE 7 NOTICES 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 Attention: Division Director 200 Park Central South, Suite 3 Pompano Beach, Florida 33064 -5- i YJ 1 V To CITY: with a copy to: To District: Broward County Office of Integrated Waste Management 115 South Andrews Avenue, Room 406 Fort 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 COUNTY or CITY on ten (10) days notice. i 8. 2 If, through any cause, CITY fails to commence work on the Project within sixty (60) days, after execution of this 1,( 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 ten (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 thirty (30) days notice of its intent and stating its reasons for doing so. -6- 1 i r 8 . 5 In the event of termination, CITY shall submit afinal ronuest for reimbursement or report on the unspent grant the Report of Recycling and Education Grant Expenditures Form to COUNTY within thirty (30) days. With this final report, CITY shall return to COUNTY any reimbursed fun t deemed , by not COUNTY, from the Department for expenditures returnls such funds otoh the grant Department under the NTY shall in t the terms of the Grant Agreement. ARTICLE 9 AMENDMENTS 9 . 1 No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless ,l contained in a written document executed with the same formality and of equal dignity herewith. tito { 9.2 COUNTY and CITY agree to amend this Agreement re conform with changes in Department guidelines and rules and regulations and amendments to the Grant Agreement governingthe Project. IN WITNESS F7I-IEREOF, the parties hereto have caused this Agreement to e x by tawrittened officers or representatives as of he date first above ` 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 day of 19_ County, Florida -7- , l o; � V AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR FOURTH YEAR RECYCLING GRANT PROGRAM Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELANI JR. , County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: ( 305) 357-7600 Telecopier: (305) 357-7641 �4_ 1 B 1j y LORI G. SMITH Assistant County Attorney +i CITY �y I CITY OF DANIA, a municipal corporation of the State of ? � Florida By:Robert Mikes, Mayor - Commissioner Attest: By Robert F. Flatley City Manager Wanda Mullikin City Clerk-Auditor APPROVED AS TO FORM AND CORRECTNESS By: Frank C. Adler, City Attorney -8- i i ^1 I