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1999-60 12 Year Recycling Grant with Broward Cty RESOLUTION NO. 99-60 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT BETWEEN THE CITY AND BROW ARD COUNTY FOR 1999- 2000 RECYCLING GRANT PROGRAM WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens of the City to enter into an agreement between Broward County and the City of Parkland for Twelfth Year Recycling and Education Grant Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials hereby approve entering into the Twelfth Year Recycling and Education Grant Funds agreement between Broward County and the City of Parkland. Section 2. That this Resolution shall become In full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 15 DAY OF December , 1999. CITY OF PARKLAND, FLORIDA SAL-g~ ATTEST: %krv ~ HELEN LYNOTT, C.M.C. CITY CLERK Public Works Department Office of Integrated Waste Management Recycling and Contract Administration Division 201 S. Andrews Avenue, Fort Lauderdale, FL 33301-1831 (954) 765-4202 · FAX 765-4237 January 28, 2000 Mr. Brian Archer, Environment Resources Director City of Parkland 6500 Parkside Drive Parkland, FL 33067 Dear Brian: Enclosed is your signed copy of the Year 12 Recycling & Education Grant Agreement. Please see that it gets to the proper person in your city. If I can be of assistance this year, please do not hesitate to call me at 765-4202, ext. 231. ~ Annie McGirt Contracts/Grants Administrator I Printed on recycled paper BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal OppoItunlty EmpIoy.r and Provider of Servlc.. Norman Abramowitz Scott I, Cowan Suzanne N. Gunzburger Krtstln 0, Jacobs Ilene Ueberman Lori Nance Parrish John E. Rodstrom, Jr. VIIIt UI on the Internet: www.co.broward.f1.ul/oIwm .",.f .-..-- I , ;; , ' AGREEMENT BETWEEN BROWARD COUNTY AND PARKLAND FOR TWELFTH YEAR RECYCLING GRANT PROGRAM , , ~ AGREEMENT BETWEEN \ \" \ BROWARD COUNTY AND PARKLAND l FOR TWELFTH YEAR RECYCLING GRANT PROGRAM This Agreement for Twelfth Year Recycling Grant Funds hereinafter referred to as "Agreement" is entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," AND . ",. PARKLAND, a municipal corporation of the State of Florida hereinafter referred to as "CITY." WITNESSETH IN CONSIDERATION of the foregoing premises and the mutual terms and conditions herein, COUNTY and CITY hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 AGREEMENT: This Agreement between the specified CITY and COUNTYfor 1999 - 2000 Recycling Grant Program. 1.2 CITY: The municipality in the State of Florida specified in this Agreement. 1.3 CONTRACT ADMINISTRATOR: The Director of the Broward County Recycling and Contract Administration Division. 1.4 COUNTY: Broward 'County, a body corporate and politic and political subdivision of the State of Florida. 1.5 DEPARTMENT: Florida Department of Environmental Protection. 1.6 GRANT AGREEMENT: The Agreement between the Department and COUNTY awarding 1999 -2000 Recycling Grant F4nds to the COUNTY. " . , \ ARTICLE 2 SCOPE OF SERVICES 2.1 CITY agrees to provide and implement the grant project(s), proposed in its Fiscal Year (FY) 1999 -2000 grant application, herein~fter collectively referred to as "Project. .. The grant application listing the projects is attached as Exhibit "A. II 2.2 CITY shall submit to COUNTY a detailed spending plan, hereinafter referred to as "Plan," for the Project which shall include a detailed work s~hedule, estimated cash flow requirements, and proposed work output measures. The Plan shall be sybmitted to COUNTY with this Agreement. Thereafter, the Plan may be updated and submitted 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. 2.3 Any equiprT)ent purchased by CITY with grant funds must be d~dicated to the grant programs for the life of the equipment. All equipment procured with grant funds will be titled and tagged to the CITY and included on CITY's asset listing. ARTICLE 3 TERM OF AGREEMENT 3.1 This Agreement shall be effective upon proper execution by COUNTY and CITY and shall remain in effect until all allocated funds have been disbursed to Contract Communities but no laterthan January 31,2001, unless terminated earlier pursuant to Article 7 of this Agreement. 3.2 Grant funds allocated to CITY shall be used by CITY for Project related costs incurred between.October 1, 1999, and September 30, 2000, if paid by September 30, 2000. ARTICLE 4 PROJECT FUNDING 4.1 CITY shall provide any additional funds required to fully implement the proposed Project. The budget for the Proj~ct is described and set forth in Exhibit "A." -2- 4.2 The amount payable by COUNTY to CITY under this Agreement shall be Two Thousand Four Hundred Seventy-Nine Dollars ($2,479.00). All payments by COUNTY to. CITY under this Agreemen"l.shall be contingent upon the COUNTY \ receiving grant funds provided for in the Grant Agreement. 4.3 To the extent the Florida Department of Environmental Protection, hereinafter referred to as "DEP," 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 upon receipt of funds by the COUNTY. :f' 4.4 To the extent that the CITY does not use grant funds or adequately document. spending plans in accordance with Section 2.2, the COUNTY may reallocate uncommitted funds in compliance with the recommendation of the Technical Advisory Committee, hereinafter referred to as "TAC," without a formal contract amendment. CITY shall have the opportunity to appear before TAC prior to a reallocation. ARTICLE 5 , REQUESTS FOR REIMBURSEMENT AND METHOD OF PAYMENT 5.1 CITY shall submit to COUNTY, monthly, its request for reimbursement or report on the expenditure of allocated funds in the form of an original Report of Recycling and Education Grant Expenditures Form, more specifically described as set forth in Exhibit "B," as it may be modified from time to time in order for the COUNTY to comply with requirements of the DEP, along with copies of invoices and other expenditure support documentation as required by COUNTY. The reimbursement requests shall include all costs from October 1, 1999 to September 30, 2000. 5.2 CITY shall subm it to COUNTY, monthly, its recovery of recycled material, other than that which is sent to the Materials Recovery Facility, on the Monthly Recycling Report Form more specifically described and as set forth in Exhibit "C," as it may be modified from time to time in order to comply with requirements of the DEP, along with copies of other recovery support documentation as required by COUNTY. 5.3 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 DEP. Records shall be kept for at least three (3) years. . -3- 5.4 CITY shall include the grant funds received from COUNTY in CITY's annual audit performed under the Single Audit Act (A 128). , 5.5 CITY shall submitto 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 purchase of the item. 5.6 Should the DEP 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. 5.7 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 10, 1999. 5.8 CITY shall submit proof of funds encumbered (copy of requisition or purchase order) by August 1, 1999, for remaining Recycling Grant Funds. 5.9 COUNTY and CITY agree to comply with DEP's rules concerning grant funds.. A copy of the Grant Guidelines is included in Exhibit "D." 5.10 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). In the event COUNTY elects to purchase such equipment, CITY shall take any and all acts necessary to convey title free of any and all encumbrances. ARTICLE 6 EVALUATION AND MONITORING 6.1 CITY agrees that COUNTY will carry out periodic monitoring and evaluation activities. Such evaluation will be based on the terms of this Agreement, the Grant Agreement, Department policies, rules, and regulations. 6.2 CITY shall attend quarterly meetings with COUNTY or submit written quarterly progress reports to COUNTY describing the status of Plan implementation. The failure to attend all such meetings or subm it such reports shall be grounds for denial of reimbursement to CITY by COUNTY for grant expenditures. -4- ARTICLE 7 TERMINATION \ ' 7.1 This Agreement is subject to the availabilit~ of funds. Should funds no longer be available, this Agreement may be terminated by either the COUNTY or CITY on ten (10) days' notice. 7.2 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 violates any of the covenants, agreement, or stipulations of this Agreement, COUNTY shall thereupon have the righ~ 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 Resource Recovery Board. 7.3 Notwithstanding the above, CITY shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach ofthis 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 however that CITY damages to the C,OUNTY shall not exceed monies paid to CITY by COUNTY hereunder. 7.4 In the best interest of the Resource Recovery Board'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. 7.5 In the event of termination, CITY shall submit a final request for reimbursement or report on the unspent grant funds on the Report of Recycling and Education Grant Expenditures Form to COUNTY within thirty (30) days. With this final report, CITY shall return to COUNTY any reimbursed funds paid to CITY by COUNTY, which were from the DEP for any and all expenditures deemed not directly related to the grant funds. The COUNTY shall in turn return ~uch funds to the DEP under the terms of this Grant Agreement. ARTICLE 8 INDEMNIFICATION CITY shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, "and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by -5- negligent act or omission of CITY, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or cau~es of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due CITY under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. i ARTICLE 9 MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished"shall become the property of COUNTY and shall be delivered by CITY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Project. CITY shall keep such books, records, and accounts as may be necessary in order to record, complete and correct entries related to the Project. CITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florjda Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of .6. either federal or state law shall be violated by CITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any paymant upon such entry. ~ \ 9.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT CITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing ~ny services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY shall teke affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16%), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing any services pursuant to this Agreement. 9.4 PUBLIC ENTITY CRIME ACT CITY represents that the execution of this Agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, cpnsultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY; and may not transact any business with COUNTY in excess of the threshold amount provided -7- in Section 287.017, Florida Statute~, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from\COUNTY's competitive procurement activities. In addition to the foregoing, CITY further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CITY has been placed on the convicted vendor list. 9.5 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In providing such services, neither CITY nor its agents shall act as officers, employees, or agents of the COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. " 9.6 THIRD PARTY BENEFICIARIES Neither CITY nor COUNTY intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.7 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is .intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: -8- FOR BROWARD COUNTY: Broward County Office of Integrat~d Waste Management Recycling & Contract Adm inistratiol1 Division 201 South Andrews Ave. Fort Lauderdale, Florida 33301 FOR CITY: ~f 9.8 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CITY shall not'subcontract any portion of the work required by this Agreement. CITY represents that al.l persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 9.9 CONFLICTS Neither CITY nor its employees shall have or hold any continUing or frequently recurring employment or contractual ,relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment related to its performance under this Agreement. CITY agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. 'Further, CITY agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, -9- which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CITY o( any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CITY is permitted to utilize subcontractors to perform any services required by this Agreement, CITY agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 9.10 CONTINGENCY FEE .. CITY warrants that it has not employed or retained any company or person, other than a bona fide employee working .solely for CITY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CITY, any fee, commission, percentage, gift,or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, COUNTY shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 9.11 MATERIALITY AND WAIVER OF BREACH COUNTY and CITY agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.12 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.13 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless -10- COUNTY or CITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. , \ 9.14 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.15 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision. of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 10 of this Agreement shall prevail and. be given effect. 9.16 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth judicial Circuit of Broward County, Florida. By entering into this Agreement, CITY and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. 9.17 AMENDMENTS No modification, amendment, or alter~tion in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 9.18 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained -11- herein and the parties agree that there are no commitments, agreements or understandings concern,ing the subject matter of this Agreement that are not contained in this document. Accordingly~,the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 9.17 above. 9.19 CERTIFICATION OF YEAR 2000 COMPLIANCE The Year 2000 (Y2K) issue primarily concerns (but is not limited to) the ability of data processing systems to process year-date dependent data accurately beyond the year 1999 without any decrease in functionality. By signing this Agreement, CITY certifies: 9.19.1 That all of CITY's resources which will be utilized in connection with this Agreement and which may have an adverse impact on County or this Agreement due to the passage of time from December 31, 1999 to January 1, 2000 and beyond are Y2K compliant, including without limitation any hardware, software, firmware, microcode, or imbedded . f' technology; or 9.19.2 If any of CITY's resources which will be utilized in connection with this Agreement and which may have an adverse impact on County or this Agreement due to the passage of time from December 31, 1999 to January 1, 2000 and beyond are not Y2K compliant, CITY agrees to and shall change, upgrade, improve or otherwise modify such resources so that such resources are Y2K compliant on or before January 1, 2000. CITY shall include the requirements of this Section in all subcontracts and other agreements CITY enters into for goods or services provided for or provided in connection with this Agreement. 9.20 '. INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B," tiC," and "0" are hereby incorporated into and made a part of this Agreement. -12- 9.21 MULTIPLE ORIGINALS This Agreement may be fully executed in three (3) copies by all parties, each of which, bearing ortginal signatures, shall have the force and effect of an original document. ARTICLE 10 UNCONTROLLABLE FORCES !:of Neither COUNTY nor CITY shall be considered to be in default of this Agreement if delays in or f~i1ure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of pe:rformance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, hurricanes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise or reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. (Intentionally Left Blank) -13- AGREEMENT BETWEEN BROWARD COUNTY AND PARKLAND FOR TWELFTH YEAR RECYCLING GRANT PROGRAM '. " , 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 tbrough its Chair or ~air, authorized to execute same by Board action on the .;J.cr~ay of ~~ I 199~, and CITY, signing by and through its Mayor/Manager d y authorized to execute same. ,'~ COUNTY ATTEST: ;{. -~/ County Adminis rator and Ex Officio Clerk of the Board of County Commissioners of Broward County, Florida' 1t'IlIU1ir!!II11l;r,-rIQ,:~ ,1\\\\1 I . ~t~~ .,~~~. (' 0 M MIs. ('\ '.,...~ ~> v u;<:. ~~~ -, -"....,.~e:rJ.~ Zo '.~=- ,t~-: . A.:. ;' .....r- -.0". .;'~ ~ f; ..;,..,. CREA~ ~D . po -:a ~ ~. .~,"_ .\ trt :~ ~ ~-J. OCT 19' . -?J ,~ t!o: .' :,,,~ l:i:. 15 d. U"J ;:: :" ,...... 19 ' . ;:: ;:: _'\ E::: ~ s." l>:: ~ 0.. ~. S$ - ~ ...... .~ ~ ffb ~_._..... -J. 9 """ ~\:",. q ~, ..... .~ ~ ,.. ~ * ~\~., ~- . ~\\~\ -~J1II"JlIIIIIlI BROWARD COUNTY, through its BOAR F COUNTY COMMISSIONERS Chair ~ /1.,-' dayof J~~ ,~~ Approved as to form by the Office of County Attorney, Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 T elaer: (954) 357-6968 By /~ s!/))~ CAROL S. WOLF Assistant County Attorney -14- AGREEMENT BETWEEN BROWARD COUNTY AND PARKLAND FOR TWELFTH YEAR RECYCLING GRANT PROGRAM " ATTEST: ~ ~n:c Clerk - .f (SEAL) CSW:sl recycl99.17 10/04/99 -"'- CITY \ PARKLAND BY~~ Mayor / (, day of Dee E M (3 e R., 19 Cf 1 . . - ----- -15- EXHIBIT A BROWARD COUNTY. YEAR 1'2 (FY1999 · 2000) RECYCLING at EDUCATION GRANT APPLICATION'~:' ..;,. Name of City: Parkland, City of Official Address of City: 6500 parkside Drive Parkland FL Telephone Number: 954-753-5040 Name and Signature of Authorized Official: Sal Pagliara Name (print) Name of Recycling Contact Person: Carole Kay Address: 6500 Parks ide Drive Parkland FL 33067 Telephone Number: 954-753-5040 Employer Identification Number: 59 -1 52 1 506 Is recycling mandatory in your municipality? Commercial Residential 33067 ~t2 ~~~ ./ Signature ... Yes No )( x SUMMARY OF RECYCLING EXPENSES FOR YEAR 12 Please give a short description of Grant funds to City funds to Total how grant funds will be used be expended be expended The funds will cover ~ $2,479.00 $5637.29 $8116.29 the expenses associate to printinq and mailing a newsletter to residents promoting recycling. Total Funds $2479.00 ~5637.29 $8116.29 PLEASE RETURN THE COMPLETED APPLICATION TO THE ADDRESS BELOW NO LATER THAN AUGUST 6,1999. Recycling and Contract Administration Division 201 South Andrews Avenue Fort Lauderdale, Florida 33301 Att. Jim Bock, Manager, Recycling Programs I Please give a concise summary of your recycling<programs and projects planned for Year 12 including residential (single/multi-family) and commercial pro~s. Please give enough detail to be used in our . , grant application.' \ The City of Parkland promotes recycling by providing information regarding recycling in a Welcome Packet given to new residents. In addition, several times a year, information regarding the recycling program is included in the City's newsletter. The City provides recycling bins on a as needed basis to residents. The City pays Broward County Commissioners for use of their transfer statiort so residents can easily dispose of hazardous household waste. At this time, the City is residential, therefor we do not have commercial programs scheduled. The City of Parkland resisdents, recycle clear glass, aluminum and bi-metal cans, newspapers, and plastics numbers one through six. All materials are collected inan 18 gallon container, and picked up curbside, one every other week. Cardboard may also be recycled by bringing them to City Hall. Describe your municipalities procurement policies that promote purchase of recycled content products. Please include when the policies beg~, whether the policies are mandatory or voluntary, and what kind of materials are purchased. Also describe any problems or obstacles to increased procurement of recycled mat~alsin~urci~.PLEASEPRO~DECOPIESOFANYORDmANCESOR~TTEN POLICIES PROMOTmG PURCHASE OF RECYCLED CONTENT PRODUCTS. The City has an informaL, policy to make every effort toward purchasing recycled goods. The City's philosophy is consistent with protecting the environment and this philosophy is well known to our employees, therefore, recycled content products are purchased when pr ices 'are 'competi ti ve .::wi th other products. All paper goods, such as, toilet paper, paper towels, coffee cups, and water cups are recyclable and made from recycled materials. Copy paper that is 100% recyclable is approximately $10.00 a case more than the 50% recyclable paper that we purchase. 2 Discuss a best gtJess estimate of the potential impact on your program of a 50% and 100% cut iri. the grant.,' Include parts of your program that would be cut back or e,liminated, what parts of your programs. would become priorities and be funded through local revenue sOUr~es and an estimate of how tonnages might be. '" , affected. As the City's supplyof recycling bins diminishes, the City will '" need to defer the added e~pense to the residents. With our expec growth, we expect the supply will need to be addressed next fisca year. Without grant funding or with a drastic reduction in grant funding, the residents will bare the financial costs of purchasing recycling bins. Additionally, the City may be required to reduce the amount of literature distributed to residents regarding the recycling program. If residents are not educated about recycling and are not reminded of its importance, the tonnage will be directly affected by the potential apathy of our residents. ATTACHED ARE 2 TABLES FOR YOU TO COMPLETE FOR YOUR CITY(completed samples are on the back). 3 :1: ~ ~ ffi ffiCl) ~~,g ~~- 11 'g g g In ,~ CllQ:NEO ..... Q. oll: ~:1:MC~ "'0 LoO ~""Gl;Qj Q.~.oca= OOECJco ::> .- cn~Qi-g w:s~ Glct,S! ..J1U"'cn_.., aJO~.~c: <"J..;;~..o ~""CI)cnc>~ ~~cnO.5 ooJ~__ -... 0 ~ It, ..... of ..5 ... 'OJ! Lo, Gl .r. :1:0 ~ .! a:: ~ ..... 0 .. C o ~ U~ ~ !g 0 2.z ~ J..;;llJ J:l Q:Q: UJ 0lL. ~ LL.O u. 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" \ ,.~ g~-'/'::~~~~>.{ '.;f:'~ ~,FLORIDA ";;"";"i ,. ,~,';\}".>>" ~ ... . ...., .... .......:.-r,.!r..::..l ....... .-.."..,,,.,.~~~ ~~1f4~--!...-!"~-""1l~ uepartment 'ot Environmental Protection jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florid~ 32399-2400 . " David B. Struhs Secretary DEPARTMENT OF ENVIRONMENTAL PROTECTION RECYCLING ANn EDUCA~ION GRANT QUARTERLY/MONTHLY REIMBURSEMENT R!QUEST 1. Grantee: 2. Grant Number: RE'OO-04 3. Payment Request Number: 4. Expenditures' from to 5. Cumulative from to 6. (a) Capital Costs-Equipm'ent , " (b) Capital Costs-Solid Wasle . Weiaht Scales (c) Capital Costs-Construction (d) Capital Costs-Other' 7. (a) Operating Subsidies-Salaries ' . , (b) Operating Subsidies-Frin~e Benefits (c) Operating Subsidies-Contract~ . (d) Operating Subsidies-Other 8. (a) Recycling Planning Studies . . (b) Recycling Pilot Projects . . . . , 9. (a) Education Planning Studies (b) Education Pilot Projects 10. Total Expenditures 11. Graryt Award 12. Prior Reimbursements 13. This Payment Request 14. Total State Payments ' ' 15. Balance of Award Page 1 of 2 "Protect, ConselYeand Manage Florida's environment and Natural Re~ources" Prinred on recycled popf:r. Page. 2 Grant Number Payment Request Number . ",.' . In requesting this payment the undersigned rep~esents that he/she is d':lly authorized to act on ~ehalf of the recipient.. ' .Signature of Al,lthorized Representative (Not Stamp) . , . Pleas'e retu~ oriQinal to:. ... . r~,,:, rk;:t ;'!~~t:l't (. f ~~~tii~ :iicSGi~~:~~ : ~":: ~~t:~~';t '" : '; . . ..." .c(jntii~t/Gdliits":'Admiliistiator . Recycli~g~&tcontfact~Ad.inistration . 'Tidh20l'.;South': 'Andrews'.'::A,venue') Fort Lauderdale, FL JJJOl Date 6/99 . . BROWARD COUNTY . EXHIBIT C MONTHLY RECYCliNG REPORT 1. Municipality '\ , . 2. Date 3. Mailing Addresl:! 4. Contact(s) S. Telephone Number: 6. Fax Number: 7. Month ""~~ 13. Broker Commodi Newsp' er Commi led, GI., AI., Pl., ete. Glass Aluminum Cans Plastic Bottles Steel Cans Const & Demo. Debris Yardwaste White oads TIres Other lastics Ferrous Metals Non-ferrous Cardboard Office P er, Other P er' Food Wastes Textiles Miscellaneous Number of Units Serviced 14. Single Family , 15. Multi-Family 16. Commercial 17. Set Out Rate: (SIngle family only) 16. Number of Drop-Off locations _ . . INSTRUCTIONS 1. through 7. Self Explanatory 8. Single Family: The amount in tons of each commodity recycled by curbside collection from residences, including multipl~ family dwelliQgs receiving curb~ide collection. . \ 9. Multi -Family: The amount in tons of 'each commodity recycled through on-site collection services dedicated to multi-family residences. 10. Drop-off: collection charge. 11. Comm' 1 (Commercial): The amount in tons of each recycled commodity collec.ted from businesses by city' trucks, or through contract. let by the city; The amount in tons of each commodity delivered to areas designated for use by the public at no 7/ 12. Other: The amount in tons of any. commod{tY.not reported in columns 8,9, 10 or 11. 13. Broker: Name of the reCYCling company receiving each commodity if other than the BFI MRF. 14. Single: ,The total number of resid.ric~s ~~th acdess to your curbside~collection program. . . . 15. Multi: The total number of mUlti-family residences with access to oh-site ~ecycling 'co11ection~s defined in 9. .' 16. Commer<:ia1: The total number of .businesses participat~ng in recycling ih your city and whose tonnage was included in item 11. 17. Set Out Rate: . The percentage of 'si ng1 e ..fami 1 y resi dences from which materials were actually co11ect~d. . . . . . . 18. ",umber of Drop -Off 1 oca t ions: materials may b~ dropped off~ The number of sites where. . . " .' ~1hts for~~u~tbe co~~leted and ~ailed by th~t~nth '~~sin~s~.daVof, each month to:. . Recyc 1 i ng and Cont ract .Admi ni st ra t ion Oi v ATTN R~cycling Statistics 201 South Andrews Ave Ft Lauderdale, FL 33301 , P1 ease ca 11 Roxanne ..Burke" .questions. (305)765-4202 EXT 230 if you have any ;, Department of Environmental Protection . Twin Towers Office Building , 2600 Blair Stone Road ,Tallahassee. Florida 32399~400 RECYCLING & EDUCATION GRANT AGREEMENT Jeb Bush Governor FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES PART I - GRANT NOTIFICA~ION INFORMATION David B. SO'Uhs Secretary 1- Grant Number: REOO-04 2. Date of Award: July 1, 1999 . . . 3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRAH'r 4. Grant Period: Oc'tober 1, 1999 - September . 30, , 2000 ' 5. Grant Amount: $1,003,722 Base Portion: Incentive Portion: Recvclina and Education $389,781 S613.941 Total Grant Amount: ' $1~003,722 6. Grantee (s) ': Address: BROWARD COUNTY 115 South Andrews Avenue. Ft. Lauderdale, Florida, 33301 7. Federal Employer Identification Number:, 59~6000531 8. Au,thorized,Rep:i:esentative:. Name: Title: Roqer Desjarlais County Administrator Phone: '954-357-7350 9.. Contact Person: Name: Address: Jim Bock Manager, Recyc11nq proqrams 201 South Andrews.Avenue Ft. Lauderdale, Flor~da, 33301' Phone: 954-765-4202 Ext. 224 10. Total population of Grantee(s) from official April 1, 199B, Population EstimAtes: 1,460,890 1...... 11. Issuing Office: Flori44 ~epartmen~ of ~nvironmental Protection Bureau of Solid and Hazardou9 Waste 2600 Dlair stone Road Tallahassee, Florida 32399-2400 (850) 488-0300 "Pro!ect. Conserve and Manage Florida's Environment and Naa.rcl Resources" Prinled on teqded poper, :. . - A. GENERAL CONDITIONS: , 1. The method of payment, for the period October 1, 1999 through September 30, 2000, will be on a reimbursement basis only. 2. The grantee shall elect to submit,reimbursement requests on either a monthly or quarter,ly basis. The method\chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end' of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre audit and post audit review. 3. Grant funds may be expended through September 30, 2000. A final reimbursement request must 'be submitte~ no later than October 31, 2000. 4. Reimbursement requests must be signed by the designated Authorized Representat~ve. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. 5. Expenditures shall be limited to allowable items as 'listed in Section 62-716.430 of the Solid Waste Grants Program Rule: (a) Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchase~,solid waste scales, facility construction and other such costs approved by the Department. (b) Grant funds may also be used for operating subsidies, provided that' the applicant shall demonstrate .that such a use is necessary for the success ,of the recycling program, and ,shall'show how the subsidy will b~nefit'the program. (c) Recycling grant funds shall 'be used for projects to assist' local governments in recycling paper, glass,' plastic, construction and demolition debris, white goods, and metals and in composting and recycling the organic material component of municipal solid waste. (d) Solid waste education grant funds shali be used to promote recycling, .volume reduction, proper disposal of solid wastes, .and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies. to assess the feasibility and success of the recycling and education pr9grams. (e) All existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government ,recycling programs. Funds shall not be used for duplicating existing private and public recycling programs unless the applicant demonstrates that such existing programs cannot be integrat~d into the planned recycling program. ~ 0... all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years fo 1 lowing_ the end of the grant period. The grantee agrees tha~ it will expeditiously initiate and complete the program work for which assistance has been awarded ,under this agreement in aQcordance with all app~icable provisions of Florida Statutes and the Florida Administrative Code. .. .. :: t 't 7. Allowable costs may be charged to this agreement beginning either October 1, 1999, or the date this agreement is fully executed, whichever date is later. 8. Grant funds shall be included in the grantee's Annual Audit subject to the requirements' of CH.216.34"9, F.S.. Any subgrants made by the grantee shall also include a provision for the ~ubgranted funds to be included in the subgrantee's Annual single Audit. A copy of all Single Audits shall be submitted to the Department of Environmental Protaction, Solid Waste Section, by March 31st of each. year. 9. The Department ~as the right to terminate a grant award and demand refund of grant funds for non-compliance with the'terms of the award or the Solid Waste Grants Program ~ule 62-716. ,Such action may also.res~lt in the Department. declaring the local government ineligible for further participation in the program until the local government complies with the terms of th~ grant award. 10. Grantee shall obtain all necessary construction-related permits before initiating constru~ti~n.: 11. The State of Florida's 'performance and obligation.to pay'under this grant agreement is contingent upo~ receipt of funds presently anticipated from the Florida Depar~ment of Revenue. 12. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. 'Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes.' 13. The Department reserves the right to unilaterally canc~l this contract for'refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida statutes, and made or received by the grantee in conjunction wit?this grant. 14. The Grantee is prohibited from using grant funds for the purpose of lobby~ng the Legislature or 'a State Agency. -=;. ;-. ~ , OFFER AND ACCEPTANCE The State of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the local government(s) of Broward County, and the cities of Cocon~t Creek, cooper City, Coral Springs, Dania, Davie, Deerfield Beach, Ft. Lauderdale, Hallandale,Hillsboro Beach, Hollywood, tauderdale~by-the-sea, Lauderdale Lakes, Lauderhill, Lazy Lake Village, Lighthouse,'point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines,. Plantation" Pompano Beach, Sea Ranch Lakes, Sunrise, Tamarac, Weston and Wilton Maners for all allowable costs incurred up to and not exceeding $ 1,003,722. . . . . Grant Application dated' 06/29/99, included herein by reference. .. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL' PROTECTION: ~~~~~J~Jrn~ Division of Waste Management ~J 1 0/17 Date In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient a9re~s to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED REciPIENT COUNTY: ,7 ignature of Au orized Representative Roger Desjarlais County Administrator Please return to: Department of Environmental Protection Bureau of' Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 '~.J.e.q? ~ Date ~~If/f"",hI~gA'~.It~ ~~ \ON~ ~. ~S I;.f? n ~ ...:"'\: ........... V '%, ~. '" .. o::r. ~.;' Q y.:.... ~ \ , 0" ~c;' Vb".:, S. ~ 0 I 1'!1: to..; ,_ . ~~ \ ~ ~ ' ~ J..... ;:./ · ~ ii IV~I~ ~! ~ ;::,....0 . ",1 ~ \ .\ 'A \. tJeFl* I . . 'S;. -~/) .... ~OIlt.~ .... ~ ":::. -0' 't .. ,,~ ~ 'D ........... ~ ~ . ~~ ~~ U\\~~ .~/"'~7QJJL'.'li1111/l!l1l ."".. STATE OF FLORIDA- ) )SS COUNTY OF BROWARD ) , \ \ ~ 'i~. I, ROGERJ. DESJARLAIS, Cc;>tinty Administrator, in and for Broward County, Florida, and ex-Officio Clerk of the, Board of County Commissioners of said County, DO ,. . HEREBY CERTIFY that the above and foregoing is a true and correct copy of a Recycling & Education Grant Agreement between Broward County and the State of Florida Department of Environmental Protection, same that appears in the min'utes of said Board of County Commissioners meeting held on the 28th day of September 1999. IN WITNESS WHERE;OF, I have hereunto set my hand and official seal this 29th day of September-1999. \ (S EA L) ROGER J. DESJARLAIS COUNTY ADMINISTRATOR . ~/ 6 - k'iflt; Deputy Clert) I RECYCLING AND EDUCATION GRANT AUTHORIZED SIGNATURE FORM FY 1999 - 2000 (YEAR 12) CITY OF PARKLAND THE FOLLOWING TWO (2) PERSONS ARE THE FISCAL OFFICERS FOR THE RECYCLING PROGRAM AND ARE DESIGNATED TO MAKE FINANCIAL AUTHORIZATION ON !HE CITY'S BEHALF FOR All MATTERS PERTAINING TO THE RECYCLING & EDUCATION GRANT FUNDS: ~\ s~re~ CAROLE KAY print Name LEVEL 1 CITY MANAGER/MAYOR LEVEL 2 Plint Na.me SAL PAGLiARA Print Name Retltm tL1: BrolVa.nl cOlmty RtCJclt1l1 ItJld Contract AimJJllstratioll Dfvtstoll 2.01 Soutlt Andrfi'J5 AveJllle Fort La.udmlalt, FL 33301 Attn: Altlli( McGirt, COl1trttd/Grttflis Aami/1istmtor J '];} m ~ ~ ~ r H Z (JlCi') ~~~ .....ZZ ~oo \OHm .Zo NCi')C o""O~ or~ O~i=I Zo Z Ci') '];} ~ Z .; ..... Cl ~ N P -+ -+ -+ "'< :::r ~ -< ~ p , (3) , p ~ ~ 3 o c: ::s -+ >. ~ CD 3 0 3 0 ::s c -+ ~ ::s ::r -+ -< Ul ~ of 0 ::3. "'C ct "0 C'l e: ::s 0 Q. ::3 C'l Q. l> 3 0 c: ::3 .-+ 0 O' .-+ Z 0 < 0 CD 0 (.. 0) ::3 . 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