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1993-03 Fifth Year Agreement with Broward Cty-Recycling Grant ProgramRESOLUTION NO. 93 - 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, FOR AN AGREEMENT WITH CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND BROWARD COUNTY FOR A FIFTH YEAR RECYCLING GRANT PROGRAM WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and Broward County for a Fifth Year Recycling Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1: The appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland and Broward County. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 20 DAY OF JANUARY 1993. S PA LIARA ayor SUSAN ARMSTRONG, CClerk AGREEMENT ••BetVeen FROWARD • 'COUNTY: and. CITY OF PARKLAND for FIFTH YEAR RECYCLING GRANT PROGRAM AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND for FIFTH YEAR RECYCLING GRANT PROGRAM This Agreement for Fifth Year Recycling Grant Funds dated January 6 , 1993, hereinafter referred to as the "Agreement," is entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND CITY OF PARKLAND, a Municipal Corporation of the State of Florida, hereinafter referred to as "CITY." WITNESSETH WHEREAS, COUNTY and CITY have entered into an Interlocal Agreement for a Joint Recycling Grant application, dated May 2, 1989, hereinafter referred to as the "Interlocal Agreement"; and WHEREAS, COUNTY and other municipal corporations excluding the City have entered into another Interlocal Agreement for Solid Waste Disposal Service, dated November 25, 1986, hereinafter referred to as the "Other Interlocal Agreement"; and WHEREAS, the Interlocal Agreement provides that the participating Cities and the Other Interlocal Agreement provides that the other municipal corporations which enter into the Other Interlocal Agreement, hereinafter referred to as "Contract Communities," may establish either voluntary or mandatory recycling programs; and WHEREAS, the Interlocal Agreement provides that the participating Cities and the Other Interlocal Agreement provides that the Contract Communities, will supply information required to make application to state agencies for financial assistance in providing waste disposal services; and WHEREAS, the Interlocal Agreement provides that the participating Cities and the Other Interlocal Agreement provides that the contract Communities, will adopt such regulations, execute such agreements, and do such work as may be required by state agencies as part of such application for financial assistance; and WHEREAS, the Other Interlocal Agreement not executed by the City and implementing ordinances of 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 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, working with the District's Board and TAC, on behalf of the COUNTY, Contract Communities, and certain other Broward County municipalities, has applied to the Florida Department of Environmental Regulation, hereinafter referred to as "Department," for certain fifth year recycling and education grant funds; and WHEREAS, the COUNTY has been awarded by the Department certain fifth year recycling and education grant funds and COUNTY and Department have entered into a Recycling and Education Grant Agreement dated September 22, 1992, hereinafter referred to as the "Grant Agreement," in order to implement the proposed grant program; and WHEREAS, notwithstanding the fact that the City is not a Contract Community, the COUNTY and CITY wish to enter into this Agreement in order to provide recycling and related educational services to the residents businesses of the CITY and to implement certain provisions of the Grant Agreement; NOW, THEREFORE, IN CONSIDERATION of the foregoing premises and the mutual terms and conditions herein, COUNTY and CITY hereby agree as follows: ARTICLE I SCOPE OF SERVICES 1.1 CITY agrees to provide and implement the following eligible grant project(s), as proposed in FY93 grant application, hereinafter collectively referred to as "Project": Those projects Citv outlined in the application form (or revised) and the spendina plan relevant thereto. (416 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 -2- 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. ARTICLE 2 TERM OF AGREEMENT 2.1 This Agreement shall be effective upon execution by COUNTY and shall remain in effect until all allocated funds have been disbursed to the Contract Communities but no later. than January 31, 1994, unless terminated earlier 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, 1992, and Sptember, 30, 1993, if •paid by September 30/.1993,- ' . ARTICLE 3- PROJECT FUNDING 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 part hereof. 3.2 The amount payable by COUNTY to CITY under this Agreement shall be Four Thousand One Hundred Sixty One Dollars ($4,161.00) unless a greater amount is approved by Resolution of the Board of County Commissioners. 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 pays grant funds to the COUNTY for the Project 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 within thirty (30) 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 in accordance with Article 1, Section 1.2 of this Agreement, the COUNTY may reallocate uncommitted funds in compliance with the -3- recommendation of the TAC. CITY shall have the opportunity to appear before the TAC prior to -a reallocation. ARTICLE 4 REOUESTS FOR REIMBURSEMENT AND METHOD OF PAYMENT 4.1 CITY shall submit to COUNTY monthly 'its request for reimbursement or report on the expenditure of allocated funds in the form of an original and two (2) copies of the Report of Recycling and Education Grant Expenditures. Form, more specifically described and get forth in Exhibit "B," attached 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, 1992, to August 30, 1993. 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 .sped ically.. described: •and• set. forth-' Exhibit "C;." :attached hereto and • made. gait hereof," as .i.t 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 and expenditures including grant and any additional funds used and shall make available such records at all reasonable times for inspection, review, and audit by the COUNTY and Department. COUNTY shall maintain accurate Grant Agreement records and shall make available such records at all reasonable times for inspection, review, and audit by the CITY and Department. Records shall be kept for at least three (3) 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, and CITY shall notify COUNTY of such action. 4.5 CITY shall submit to the COUNTY a report listing items purchased with grant funds costing an amount greater than Five Hundred Dollars ($500.00) within thirty (30) days after receipt of the item. -4- 4.6 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 causing the loss shall be responsible, as between the COUNTY and CITY, for any amount lost, not reimbursed, or refunded. 4.7 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 September 1, 1993. ARTICLE 5 EVALUATION AND MONITORING CITY agrees that COUNTY will carry out periodic monitoring and evaluation activities on behalf of the District. Such evaluation will be based on the terms of this Agreement, Grant Agreement, Department policies,. rules and regulations, and comparisons of planned versus actual.' progress relating to Project scheduljng, budget, *-arid: output ' measures . • MISCELLANEOUS 6.1 The following provisions in the Interlocal Agreement are hereby incorporated by reference and made a part of this Agreement: a. Section 11.1 - Relationships of the Parties; b. Section 12.1 - Assignment; c. Section 12.2 - State and Federal Laws; d. Section 12.6 - Incorporation of Agreements; e. Section 12.9 - Severability; and f. Section 13.1 - Indemnification. 6.2 COUNTY and CITY shall cooperate and coordinate purchases of material and equipment acquired for Project. CITY may 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 disposing of any piece of equipment, with an original purchase price of Five Hundred Dollars ($500.00) or more, purchased with grant funds. COUNTY shall have the right to purchase from CITY such pieces of equipment at any time during the sixty (60) day notice period for Twenty Dollars ($20.00). -5- 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 Office Of Integrated Waste Management Attention: Director 201 South Andrews Avenue Fort Lauderdale, Florida 33301 with a copy to: To District: Broward County Office of Integrated Waste Management 201 South Andrews Avenue 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. 8.2 If, through any cause, CITY fails to commence work on the Project within sixty (60) days after execution of this 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 -6- 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 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. 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. 8.5 In the event of termination, CITY .shall submit a final request for reimbursement or. report on the unspent grant funds. on the -.:Report of I eayaling: and' Edubatioii.•Grant- Expenditures . Form. to COUNTY -within 'thirty -(30). days. With •thjs final report, CITY shall return :to COUNTY. any .reimbursed funds. to CITY, .by COUNTY,- from the Department for expenditures deemed not directly related to the grant funds. The COUNTY shall in turn return such funds to the Department under 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 contained in a written document executed with the same formality and of equal dignity herewith. 9.2 COUNTY and CITY agree to amend this Agreement to conform with changes in Department guidelines and rules and regulations and amendments to the Grant Agreement governing the Project. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman or Vice Chairman, authorized to execute same by Board action on the day of 19 and CITY OF PARKLAND, signing by and through its , duly authorized to execute same. -7- AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND FOR FIFTH YEAR RECYCLING GRANT PROGRAM COUNTY AT EST: ty c anis = or and Ex -Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTEST: (CORPORATE SEAL) PMS/bms 09/29/92 recy5-ha.a01 #92-143.08 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS CITY -8- day of Approved as Xo form by 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 Telecopie: 4305) 357-7641 Y B . STEFFENS Assistant County Attorney CITY OF PARKLAND Name of Municipality By day of 94,y, , 19 93 . Approv a to form: torney CITY OF PARKE AND 6 51JQ PAPKS.I DF 11R I VF SIGNING AUTHORITY FLORIDA 33067 FOR FISCAL YEAR COMMENCING October 1 , 1992 THROUGH September 30, , 1993. THE FOLLOWING TWO (2) PERSONS ARE THE FISCAL OFFICERS FOR THE RECYCLING PROGRAM•AND ARE AUTHORIZED TO MAKE FINANCIAL AUTHORIZATION ON THE CITY'S BEHALF FOR ALL MATTERS PERTAINING TO THE RECYCLING GRANT FUNDS. LEVEL 1 LEVEL 2 CITY MANAGER, RETURN TO: NATURE r; m1 C ,1(iLd E PRINT NAME P 1 I A E Broward County Recycling and Contract Administratioh Division 201 South Andrews Avenue Fort Lauderdale, Florida, 33301 Attention: Trevor Adheen, Grants Administrator CITY OF: PARKLAND YEAR 5 RECYCLING AND EDUCATION GRANT PROJECT BUDGET FY 1992-1993 EXHIBIT 'A' CAPITAL COSTS GRANT DOLLARS Trucks Containers Construction costs. Other(Description) OPERATING COSTS Collection Supplies and Materials Other RECYCLING PROJECTS Planning Studies Recycling Pilot Projects Supplies & Other Materilas Recycling Bags $4,161 EDUCATION PROJECTS Planning Studies Education Pilot Projects. Supplies & Materials . Other TOTAL $4,161 1 BROWARD COUNTY MONTHLY REPORT OF RECYCLING AND EDUCATION GRANT EXPENDITURES MONTH OF ....00TOBER 1992/1993 1- Grantee: (CITY/TOWN) CITY OF PARKLAND EXHIBIT ".B" RE93-04 2.. Grant Number: 3. Payment Request Number: 4. Expenditures 5. Cumulative from from to to 6. (a) Capital Costs - Equipment (b) Capital Costs -Solid Waste Weight Scales (c) Capital Costs - Construction (d) Capital Costs - Other • 7::K. Temporary Operating . Subsidies - Salaries (b) Temporary Operating Subsidies - Fringe Benefits (c) Temporary Operating Subsidies - Contracts (d) Temporary Operating • Subsidies - Other 8_ (a) Recycling Planning Studies (b) Recycling Pilot Projects 9_ (a) Education Planning Studies (b) Education Pilot Projects 10. Total Expenditures I (O ) 11. Grant Award 12. Prior Reimbursements 13. This Payment Request 14. Total State Payments 15. Balance of Award Please note: 1. Use typewriter and complete items 1 thru 10 only on this page. 2. Do not complete item number 5. 3. Include a copy of any applicable contracts to this program. EXHIBIT •"B" Page 2 Grant Number RE93-04 Payment Request Number In requesting this payment the undersigned represents that he/she is duly authorized to act on behalf of the recipient. Signature of Authorized Representative (Not Stamp) Date Please note: An authorized fiscal officercannot sign off on reimbursement for himself/herself. The appropriate Fiscal Officer must sign this form as applicable. e.g. Level One signs for Level 2 and vice versa. • Please return one (1) original and one (1) copy of your monthly report together with invoices, checks, purchase orders, contracts and transaction listings. to: Broward.County Recycling•and Contract Administration Division 201 South Andrews -Avenue Fort Lauderdale, Florida, 33301 Attention: Trevor Adheen, Grant Administrator.