41 INTERLOCAL: AGREEMENT Between BROWARD COUNTY and for OPTIONAL COUNTY SERVICES FOR KEEP BROWARD BEAUTIFUL, HOUSEHOLD HAZARDOUS WASTE AND ELECTRONICS, AND BULK1 TRASH AND YARD WASTE DROP-OFF PROGRAMS This is an Interlocal Agreement ("Agreement") made and entered into by and between: Broward County, a political subdivision oft the State of Florida ("County"), and established under the laws of the State of Florida ("Municipality"), (collectively, the "Parties"). Recitals A. County's Keep Broward Beautiful Program provides assistance with various litter B. County's Household Hazardous Waste and Electronics Program provides disposal services and electronics processing at permanent collection sites and at Remote Collection prevention, educational, and clean-up efforts. Events. C. County's Bulk Trash and Yard Waste Drop-Off Program provides service to D. County is offering Municipality the option to participate in any or all of these residential customers at permanent drop-off locations. programs under the terms and conditions set forthi int this Agreement. E. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, as may be amended from time to time, and prior to its effectiveness shall be filed as required by Section 163.01(11), Florida Statutes. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are herebyacknowiedged, the Parties agree as follows: 1 ARTICLE1 DEFINITIONS AND IDENTIFICATIONS For purposes of this Agreement, reference to one gender shall include the other, use of the plural shall include the singular, and use ofthe singular shalli include the plural. The following definitions apply unless the context in which the word or phrase is used requires a different 1.1 Adopt-a-Street: A collaboration between County, participating municipalities, and volunteer groups, in which residents volunteer to remove litter from an adopted street ini their 1.2 Agreement: Articles 11 through 9 and the exhibits and documents expressly incorporated definition: municipality. herein by reference. 1.3 Board: The Board of County Commissioners of Broward County, Florida. 1.4 Bulk Trash: Large items such as sofas, chairs, mattresses, appliances, and carpeting, including "White Goods" as defined under Section 403.703, Florida Statutes, as well as woody 1.5 CountyAdministrator The administrative headofCounty appointed by thel Board. 1.6 County Attorney: The chief legal counsel for County appointed by thel Board. 1.7 CAIYCOANASANhsae Thel Director ofBrowardCountysolawidWasteandRey,ling 1.8 Electronic Waste or "E-Waste": End-of-life electronic devices such as computers, 1.9 Househoid Hazardous Waste: Waste defined as hazardous in Chapter 62-730 of the Florida Administrative Code, provided iti is designated as acceptable materials as part of County's 1.10 Keep Broward Beautiful Program: A set of programs that focuses on the organization, education, and coordination of volunteers for the removal of litter, including Adopt-a-Street, waste suchasfencing and lumber. Services. computer monitors, televisions, printers, fax machines, and copiers. Household Hazardous Waste and Electronics Program. waterway cleanups, and municipal events. 1.11 Municipal Contract Administrator: 1.12 Recycled Paint Program: A program in which multiple colors of latex paint that have been collected are blended, recycled into new colors, and provided to a participating municipality to 1.13 Remote Collection Events: Periodic events hosted by pariepatngmunidpalites within dispense to their residents free of charge. 2 Broward County in cooperation with County staff for the purpose of providing residents with opportunities to properly dispose of their Household Hazardous Waste and unwanted 1.14 Yard Waste: Vegetative matter defined as "Vard Trash" under Section 403. 703, Florida electronics, including Electronic Waste. Statutes. ARTICLE2 TERM AND TIME OF PERFORMANCE 2.1 This Agreement is effective, and thet term of this Agreement shall begin, on the date itis fully executed by the Parties ("Effective Date"). The term of this Agreement shall terminate at 11:59 p.m. on September 30, 2020; provided, however, that said term is subject to early termination as provided in Article 7, and, if thet term oft this Agreement extends beyond a single fiscal year of County, the continuation oft this Agreement beyond the end of any fiscal year shall be subject tol botht thea appropriation andi the availability oft fundsi in accordance with Chapter 129, Florida Statutes. Thet term shalll be ememcedhutomatalyleribu: (4)additional one-yearterms, provided that if either party desires not to extend, it shall provide the other party with written notice ofs same at least one hundred eighty (180) days prior tot the end oft the then current term. 2.2 Thep primanyresponsbitues oft the County Contract Administrator underthis Agreement are to coordinate and communiçate with Municipality, through the Municipal Contract Administrator, and to manage and supervise execution and completion of the terms and 2.3 The primary responsibilities of the Municipal Contract Administrator are to coordinate and communicate with County, through the County Contract Administrator, and to manage and supervise execution and completion of the terms and conditions of this Agreement as set forth 2.4 Int the administration of this Agreement, as contrasted with matters of policy, the Parties may rely on the instructions or determinations made by the County Contract Administrator. conditions of this Agreement as set forth herein. herein. ARTICLE3 SCOPE OFSERVICES 3.1 Municipality shall elect to participate in the following optional services by marking the box(es) and initialing below as appropriate: KEEP BROWARD BEAUTIFUL PROGRAM, as described in Exhibit "A" attached hereto HOUSEHOLD! HAZARDOUS WASTE AND ELECTRONICS PROGRAM, as described in BULK1 TRASH AND YARD WASTE DROP-OFF PROGRAM, as described in Exhibit "C" and made a parthereof. Exhibit "B" attached hereto and made a parthereof. attached hereto and made apart hereof. 3 3.2 Prior to March 1 of any year, either the Municipal Contract Administrator or the County Contract Administrator may, with or without cause, add or delete the optional services 3.3 The Parties shall perform all work identified in this Agreement and, as applicable, the optional services described in Exhibits' "A,""B,"and" "C" ("Scope of Services"). The Parties agree that the Scope of Services is a description of the Parties' obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by both Municipality and County impractical, illogical, or 3.4 Except as providedi in Section! 3.2 above, neither the County Contract Administratornor the Municipal Contract. Administrator has authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. referenced in Section 3.1 above fori the following fiscal year. unconscionable. ARTICLE4 PAYMENT 4.1 County shall invoice Municipality quarterly and payment shall be due within thirty (30) days oft thei invoice date. During thet fiscal year beginning October 1, 2019, the quarterly payment shall be as shown on Exhibit "D" (ANNUAL COSTS OF COUNTY PROGRAMS, BY MUNICIPALITY) attached hereto and made aj part hereof and shall be prorated based ont thel Effective Date ofthis Agreement as provided for in Section 2.1. Thereafter, the County has the right to increase the quarterly payment by an amount not to exceed three percent (3%) annually during the term of this Agreement. The annual escalation amount shall be determined by the County Contract Administrator based on County's increase in costs, if any, of operations to provide services to Municipality. 4.2 All payments to County shall be made at: Broward County Board of County Commissioners Solid Waste and Recycling Services One North University Drive, Suite 400 Plantation, Florida 33324 ARTICLE5 INDEMNIFICATION 5.1 Municipality and County are entities subject to Section 768.28, Florida Statutes, as may be amended from time to time, and agree to be fully responsible for the acts and omissions of their own agents or employees, who are acting within the: scope of their employment and to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity 4 byany party nor will anythingi included herein be construed: as consent tol be: sued by third parties 5.2 Municipality shall at all times hereafter indemnify, hold harmless and, at the County Attorney's option, defend or pay for an attorney selected by the County Attorney to defend the County, its officers, agents, servants, and employees (collectively or individually, "Indemnified Party") from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Municipality, its employees, agents, servants, or officers, including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against any Indemnified Party by reason of any such claim, cause of action or demand, Municipalityshall, uponwrittenn noticefrom County, resista and defend: such lawsuit orp proceeding by counsel satisfactory to County or, at County's option, pay for an attorney selected by the County Attorney to defend the Indemnified Party(ies). The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent the County Administrator and the County Attorney, in their reasonable discretion, determine it is required, any sums due Municipality under this Agreement may be retained by County until all dtomycamitwinamicsen pursuant tot this Agreement have been settled ord otherwise resolved; and any amount withheld shall not be subject to payment ofi interest by County. 5.3 fMunicipality contracts with at third party to provide any of the services set forth herein, in any matter arising out oft this Agreement or any other contract. any contract with such third party must include the following provision: 5.3.1 Indemnification: Municipality's contractor will indemnify and hold harmless County, its officers, agents, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Municipality's contractor and other persons employed or utilized by Municipality's contractor in the performance oft this Agreement. These indemnifications will survive the term of this Agreement. Ifany action or proceeding is brought against County by reason of any such claim or demand, Municipality's contractor must, upon written notice from County, resist and defend such action or proceeding by counsel satisfactory to County. 5.4 The provisions of this Article will survive the termination of this Agreement. ARTICLE6 INSURANCE 6.1 Municipality is a governmental entity and is fully responsible for the acts and omissions of its agents or employees, subject to any applicable limitations of Section 768.28, Florida 6.2 Upon request by County, Municipality must provide County with written verification of Statutes: 5 liability protection that meets or exceeds any requirements of Florida law. IfN Municipality holds any excess liability coverage, Municipality must ensure that Broward County is named as an additional insured and certificate holder under such excess liability policy and provide evidence 6.3 fN Municipality maintains broader coverage or higher limits than the minimum coverage required under Florida law, County shall be entitled to such broader coverage and higher limits on a primary and non-contributory basis. County's insurance requirements shall apply to 6.4 In the event Municipality contracts with a third-party to provide any of the services set forth herein, Municipality shall require that each third-party procure and maintain insurance coverage that adequately covers each third-party's exposure based on the services provided by that third-party. Municipality must ensure that all such third-party contractors name "Broward County" as an additional insured and certificate holder under applicable insurance policies. Municipality: shall not permit any third-party1 to provide services until thei insurance requirements of the contractor under this section are met. If requested by County, Municipality shall furnish 6.5 County reserves the right, but not the responsibility, to periodically review any and all insurance policies and to reasonably adjust the limits and/or types of coverage required herein, ofsame to County. Miuncpalityssef-nsumne. evidence ofi insurance ofa all such third-parties. from time to time throughout the term oft this Agreement. ARTICLEZ TERMINATION 7.1 This Agreement may be terminated for cause at any time by the aggrieved party if the partyi in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in the written notice provided by County, which termination date shall not be less thanthirty (30) days after the date ofsuch writtennotice. This Agreement may also bet terminated byt the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. IfCounty erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of 7.2 This Agreement may be terminated for cause for reasons including, but not limited to, Municipality's repeated (whether negligent or intentional) submission for payment of false or incorrect bills ori invoices, failure to timely payi for services, failure to suitably perform the work, or failure to continuously perform the work in a manner calculated to meet or accomplish the termination for cause is provided. objectives as set forth in thisAgreement. 6 7.3 Notice of termination shall be provided in accordance with the "NOTICES" section oft this Agreement, except that notice of termination by the County Administrator which the County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. ARTICLE8 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE 8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement, the solicitation for or purchase of goods or services relating to this Agreement, or in subcontracting work in the performance of this Agreement, and the Parties shall not otherwise unlawfully discriminate in violation of the Broward County Code, Chapter 16k, as may be amended from time to time. Failure by Municipality to carry out any oft these requirements shall constitute a material breach of this Agreement, which shall permit County to terminate this Agreement or to exercise any other remedy provided under this Agreement, the Broward County Code of Ordinances, the Broward County Administrative Code, or under applicable law, with all of such remedies being 8.2 Municipality shall include the foregoing or similar language in its contracts with any subcontractors, except that any project assisted by the U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. Failure to complywith the foregoing requirementsisar material breach ofthisA Agreement, which mayr result int the termination of this Agreement or such other remedy as the non-breaching party deems 8.3 The Parties shall not unlawfully discriminate against any person in their respective operations and activities or in their use or expenditure of funds in fulfilling their respective obligations under this Agreement and shall not otherwise unlawfully discriminate in violation of Chapter 16k, Broward County Code of Ordinances. The Parties shall affirmatively comply with all applicable provisions oft the Americans with Disabilities Act ("ADA") in the course of fulfilling their obligations under this Agreement, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, the Parties shall take affirmative steps to prevent discrimination in 8.4 By execution of this Agreement, Municipality represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes, as may be amended from time tot time). County hereby materially relies on such representation in entering into this Agreement. Anuntrue representation ofthei foregoing shall entitle County to terminate cumulative. appropriate. employment against disabled persons. this Agreement. 7 ARTICLE9 MISCELLANEOUS 9.1 RIGHTSINDOCUMENTSANDWORK Anyanda all reports, photographs, surveys, and other dataa and documents provided or created in connection witht this Agreement areand shall remain the property of the party that created the same and will be available to the other party for inspection or use at no cost; provided that nothing herein shall prevent or restrict the owner of the documents from lawfully destroying or lawfully disposing of any such documents. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS. Each party shall have the right to audit the books, records, and accounts of the other party that are related tot this Agreement. Municipality and County shall keep such books, records, and accounts as may be necessary in ordertor record complete and correct entries related tot this Agreement. Municipality: and County shall preserve and, upon request, make available at reasonable times for examination and audit by the other party all financial records, supporting documents, statistical records, and any other documents pertinent tot this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, ifa applicable, or, if the Florida Public Records Act is not applicable, for a minimum period oft three (3) years after the document or record camei into existence. Ifanyaudit! has! been initiated and audit findings have not been resolved att the end oft the retention period ort three (3) years, whichever is longer, the books, records, and accounts shall be retained untilresolution oft the audit findings. Municipality shall ensure that the requirements of this Section are included in all agreements with its 9.3 INDEPENDENT CONTRACTOR. Municipality and County are independent contractors under this Agreement. Services provided by each party pursuant to this Agreement shall be subject tot thes supervision oft that party. In providing such Services, each partya and its respective officers, employees, or agents are noti authorized to and shall not act as officers, employees, or agents of the other party. No partnership, joint venture, or other joint relationship is created hereby. Neither party extends to the other party or its respective agents any authority of any 9.4 THIRD PARTY BENEFICIARIES. Neither Municipality nor County intends to directly or substantially benefit a third party bythisA Agreement. Therefore, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled toassert 9.5 NOTICES. Whenever either party desires to give notice tot the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with ar request for a written receipt ofa acknowledgment of delivery, addressed tot the party for whom iti isi intended att the place last specified. The place for giving notice shall remain thes same as set forth herein until changedi in writing int the manner provided in this Section. Fort the present, the subcontractor(s). kind tol bind it in any respect whatsoever. aright or claim against either of them based upon this Agreement. Parties designate the following: 8 FORCOUNTY: County Administrator Governmental Center Suite 409 115 South Andrews Avenue Fort Lauderdale, Florida 33301 With a copy to: Director, Solid Waste and Recycling Services One North University Drive Suite 400 Plantation, Florida 33324 FOR MUNICIPALITY: Witha a copyt to: 9.6 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of Contract Administrator oft the other party. Notwithstanding the Termination provisions ofthis Agreement under Article 7, County may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance by Municipality of this Agreement or any right or interest herein without the County Contract Administrator's written 9.7 CONFLICTS. Neither party nor its employees shall have or hold any continuing or frequentlyn recurring employment or contractuali Irelationship thati is substantialyantagonstic or incompatible with that party's loyal and conscientious exercise of judgment and care related to consent. its performance under this Agreement. Neither party nori its officers ore employees shall, during thet term oft this Agreement, serve as an expert witness against the other party in any legal or administrative proceeding in which he, she, or the party is not a party, unless compelled by court process. Further, such persons 9 shall not give sworn testimony ori issue ar report or writing, as an expression of his orl her expert opinion, which is adverse or prejudicial tot the interests ofthed otherparty'ncomnetion with any such pending or threatened legal or administrative proceeding unless compelled by court process. The limitations of this section shall not preclude either party from representing themselves, including giving expert testimony in support thereof, in any action or in any administrative or legalproceeding. Int the event Municipality! is permitted pursuant to this Agreement to use subcontractors to perform any services required by this Agreement, Municipality agrees to require such subcontractors, by written contract, to comply with the provisions of this Section to the same 9.8 MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and thate eachi is, therefore, ai material term ofthis Agreement. MuncpalnyerCoumyfalve to enforce anyp provision oft this Agreement will not be deemeda lawaiver of such provision or modification ofthis Agreement. A waiver of any breach of a provision oft this Agreement will not be deemed a waiver of anysubsequent. breacha andy will not! be construedi tob beamodification ofthet terms ofthisA Agreement. Tol be effective, any waiver must bei in writing signed! bya an authorized signatory of that party. 9.9 COMPLIANCE WITH LAWS. Municipality and County will comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulationsi inj performing their duties, 9.10 SEVERANCE. If any part of this Agreement is found to be unenforceable by a court of competent jurisdiction, that part shalll be deemed severed from this Agreement and the balance 9.11 JOINT PREPARATION. This Agreement has been jointly prepared by the Parties, and must 9.12 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 at term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given 9.13 LAW.URISDICTION. VENUE, WAIVER OF JURYTRIAL. This Agreement: shall be interpreted and construed in accordance with and governed byt the laws of the State of Florida. Jurisdiction ofanyo controversies orl legal problems arising out ofthis Agreement, and any action involving the enforcement ori interpretation of any rights hereunder, shall be exclusively ini the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any otherj jurisdiction which extent as Municipality. responsibilities, and obligations under this Agreement. oft this Agreement will remain in full force and effect. not be construed more: strictlya against either party. effect. 10 either myydmbyreuadiarmseohepnactewt device. BYENTERINGI INTO THIS AGREEMENT, MUNICIPALITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY. JURY OF ANY CIVIL LITIGATION RELATED TO THIS 9.14 AMENDMENTS. No modification, amendment, or alteration 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 Municipality or others delegated authority to or otherwise authorized to execute same on their behalf. 9.15 PRIORAGREEMENTS This document represents the final and complete understanding of the Parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandingsa applicable to the matters contained herein. The Partiesa agree that there is no commitment, agreement, or understanding concerning the subject matter ofthisA Agreement thati is not containedi int this written document. Accordingly, thel Parties agree that no deviation fromi thet terms hereof shall be predicated upon any priorrepresentation 9.16 INCORPORATION BY REFERENCE. The truth and accuracy of each Recital set forth above is acknowledged by the Parties and the attached Exhibits "A,""B,""C"and "D" are incorporated 9.17 REPRESENTATIONI OFA AUTHORITY. Eachi individual executing this Agreement on behalf of aparty hereto hereby represents and warrants that he or she is, ont the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute thisAgreement 9.18 MULTIPLE ORIGINALS. Multiplecopiesoft this Agreement may be executed bythe Parties, each of which, bearing original signatures, shall have the force and effect of an original document. This Agreement may be executed by the Parties in counterparts which, when taken AGREEMENT. or agreement, whether oral or written. into and made a part oft this Agreement. onbehalfofsuch partyanddoessowitht full legalauthority. together, shall have the force and effect of an original binding document. (The remainder of this page isi intentionally left blank) 11 INI WITNESS WHEREOF, thel Parties heretol haver made and executed this Agreement: Broward County, throughi its Board of County Commissioners;, signing byandt thowphisMeprervi-lne, authorized to execute: same by Board action ont the. duly authorized to execute same. day of 20 and signing by and through its COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioner By. Broward County Administrator, ase exofficio Clerk of the Broward County Board of County Mayor Commissioners day of Approved ast to form by Andrew. J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954)357-7600 Telecopier: (954)357-7641 20_ Insurance requirements approved by Broward County Risk Management Division By. By_ Keoki Baron Assistant County Attorney (Date) Signature (Date) Print Name and Title above By_ Michael. J. Kerr Deputy County Attorney (Date) 12 INTERLOCAL: AGREEMENT BETWEEN BROWARD COUNTY AND FOR OPTIONAL COUNTY SERVICES FOR KEEP BROWARD BEAUTIFUL, HOUSEHOLD HAZARDOUS WASTE AND ELECTRONICS, ANDI BULK1 TRASH AND YARD WASTE DROP-OFF PROGRAMS. MUNICIPALITY ATTEST: By_ CityClerk Mayor (Print or1 Type Name) (Print or Type Name) (SEAL) APPROVEDASTOLEGALFORM: CityA Attorney 13 EXHIBIT"A" KEEP BROWARD BEAUTIFUL PROGRAM County is responsible for the following: Contact interested groups and provide information on Keep Broward Beautiful programs. Provide Adopt-a-Street support services, including but not limited to: obtaining group and street approval from the appropriate participating municipality; obtaining letters of agreement from interested groups; providing signage that recognizes the appropriate participating municipality and group(s); conducting safety meetings; monitoring group Provide the following Adopt-a-Street materials: signs, gloves, safetyvests, first-aid kits, and Coordinate Keep Broward Beautiful-related litter prevention events and activities, such as America Recycles Day, clean up events, and annual Litter Index review, subject to the Maintain event statistics for groupswithin each partcpatingmunicpaliny and Countywide. events; and releasing non-performing groups. road barricades. availability of resources. Supply the participating municipalities with event reports. Each participating municipality is responsible fori thei following: Provide timely payments to County. Designate a coordinator who will be responsible for: distributing information on Keep Broward Beautiful programs; forwardingi information oni interested groups; approvingstreets for adoption; supplying the participating municipality's logo(s) for artwork on signs and manuals; attending meetings as scheduled; assisting with municipal event permitting; and Approve participating groups such as homeowners' associations, schools, businesses, local coordinating signi installation and maintenance. residents groups, and other civic groups. Remove and dispose oft trash and trash bags when necessary. EXHIBIT' "B" HOUSEHOLD HAZARDOUS WASTE AND ELECTRONICS PROGRAM County is responsible fort the following: Maintain and staff permanent service locations for residential drop-off of Household Hazardous Waste and Electronic Waste, including electronics processing, with each location open to all residents of the participating municipalities at least one (1) day per Conduct Remote Collection Events upon request from a participating municipality, with each such Remote Collection Event to be located within participating municipalities that Determine thel Remote Collection! Event datesand locationsbasedont criteria, including but not limited to municipal boundaries, historical event data, competing obligations, and Obtain cost-effective contract disposal and recycling services through competitive procurementsfor: materials accepted at permanent: service locations and Remote Collection Provide regulatory oversight and compliance for permanent service locations and Remote Provide outreach and promotional activities including regional advertising and signage. Administer the "Paint it Broward" recycled paint program, which converts latex paint collected through the County's Household Hazardous Waste and Electronics Program into al high-quality exterior latex paint and distributes the converted paint at no charge to Provide small businesses located within participating municipalities with the opportunity to use the Household Hazardous Waste and Electronics Program contracts. Collect and maintain data on resident usage and waste disposal. Provide quarterly reports to the participating municipalities on program activities, citizen week. do not contain aj permanent service location as described above. availability of operational resources. Events. Collection Events. participating municipalities for use by their residents. usage, and associated costs. Each participating municipality is responsible for the following: Provide timely payments to County. Provide a liaison for outreach and promotional activities, the Remote Collection Events, Conduct municipal-based outreach and promotion for Household Hazardous Waste and Electronics Program services and events, such as inçlusion in municipal newsletters and Provide a municipal-Dased distribution outlet for recycled paint (if the participating municipality chooses to participate in the "Paint it Broward" recycled paintprogram). Provide al location and stafff for any Remote Collection Event requested bythe participating municipality, including sufficient staff for traffic control, customer surveys, and incident follow-up. The participating municipality shall be host to no more than one (1) Remote Collection Event annually unless sufficient resources are available to County. andt the' "Paint it Broward" recycled paint program, as applicable. utility bills and promotion on municpalwebsites. Abide by any applicable County code of conduct. EXHIBIT "C" BULK TRASH AND VARD WASTE DROP-OFF PROGRAM County is responsible for the following: participating municipalities. one (1) day per week. Administer and operate bulk trash, yard debris, and scrap metal drop-off services for the Maintain and staff permanent service locations for residential yard waste and bulk trash drop-off, with each location open to all residents of the participating municipalities at least Provide quarterly reports to the participating municipalities on program activities, citizen Collect and maintain data on resident usage and waste disposal. usage, and associated costs. Each participating municipalityisn responsible fori thet following: Provide timely payments to County. Provide a liaison for program-related assistance, and local outreach and promotional Conduct municipal-Dased outreach and promotion for Bulk Trash and Yard Waste Drop-Off Program services and events, such as inclusion in municipal newsletters and utility bills and Abide by any applicable County rules and regulations related to vehicles or vehicle specifications, such as: gross vehicle weight (e.g., 9,500 Ibs. limit for vans; 14,000 Ibs. limit for trucks); larger than full-size (11 ton) pickups; truck beds longer than eight feet (8'); truck beds widerthan sixf feet (6');0 commercial vehicles; all modified truck beds; open trailers longerthan activities. promotion on municipal websites. Abide by any applicable County code of conduct. eight feet (8'); and enclosed trailers longer than eight feet (8'). EXHIBIT" "D" ANNUAL COSTS OF COUNTY PROGRAMS, BY MUNICIPALITY Household Bulk Trash and Yard Keep Broward @$2.42 /capita @$ $1.31 /capita @ $0.37 /capita 2010 Census Population* Municipality Hazardous Waste Program Waste Drop Off Program Beautiful Program Broward Municipal Services District 16,357 $ 52,909 $ 28,547 $ 121,096 $ 29,639 $ 91,992 $ 75,018 $ 165,521 $ 37,113 $ 1,875 $ 140,768 $ 6,056 $ 32,593 $ 66,887 $ 24 $ 10,344 $ 53,284 $ 122,041 $ 41,023 $ 41,363 $ 23,962 $ 6,102 $ 154,750 $ 84,955 $ 99,845 $ 670 $ 7,345 $ 84,439 $ 60,427 $ 14,156 $ 65,333 $ 11,632 $ 39,584 $ 128,040 $ 69,084 $ 293,052 $ 71,726 $ 222,621 $ 181,544 $ 400,561 $ 89,813 $ 4,538 $ 340,659 $ 14,656 $ 78,875 $ 161,867 $ 58 $ 25,032 $ 128,947 $ 295,339 $ 99,276 $ 100,098 $ 57,988 $ 14,767 $ 374,495 $ 205,591 $ 241,625 $ 1,621 $ 17,775 $ 204,342 $ 146,233 $ 34,258 $ 158,106 $ 28,149 $ 21,428 $ 69,311 $ 37,397 $ 158,636 $ 38,827 $ 120,510 $ 98,274 $ 216,833 $ 48,618 $ 2,456 $ 184,406 $ 7,933 $ 42,697 $ 87,622 $ 31 $ 13,551 $ 69,802 $ 159,874 $ 53,740 $ 54,186 $ 31,390 $ 7,994 $ 202,723 $ 111,291 $ 130,797 $ 878 $ 9,622 $ 110,615 $ 79,159 $ 18,544 $ 85,586 $ 15,238 $ 6,052 19,576 10,562 44,806 10,966 34,037 27,757 61,243 13,732 694 52,084 2,241 12,059 24,748 9 3,827 19,715 45,155 15,179 15,304 8,866 2,258 57,258 31,433 36,943 248 2,718 31,242 22,358 5,238 24,173 4,304 Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Ft. Lauderdale Hallandale Beach Hillsboro Beach Hollywood Lauderdale 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 Southwest Ranches Sunrise Tamarac West Park Weston Wilton Manors Population figures are fromi the Office of Economic and Demographic Research (EDR) generated on March 17,2011 MwiacwdwwApwawwaSN DRAFT 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. 2019- (A) A RESOLUTION OF THE VILLAGE OF LAZY LAKE, BROWARD COUNTY, FLORIDA PERTAINING TO THE SUBJECT OF TAXATION; PROVIDING FINDINGS; ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR THE VILLAGE OF LAZY LAKE, BROWARD COUNTY, FLORIDA FOR THE VILLAGE'S2019- 2020 FISCAL YEAR (I.E. THE FINAL MILLAGE RATE); PROVIDING DIRECTIONS TO THE ADMINISTRATIVE ASSISTANT; PROVIDING A SAVINGS CLAUSE; PROVIDING CONFLICTS; AND PROVIDING ANI EFFECTIVE DATE THEREFOR. WHEREAS, on July 30, 2019, the Village Council ofI Lazy Lake, Florida adopted 18 Village Resolution 2019-5 to advise the Broward County Property Appraiser of: (a) the 19 Village's proposed millage rate of 4.7940 mils, (b) the Village's "rolled back rate" of 20 4.5833 mils, and (c) that aj public hearing will be held by the Village Council on September 21 6,2 2019 to consider: () the Village's tentative millage rate and (ii) the Village's tentative 22 budget for the Village's next ensuing Fiscal Year (which budget commences October 1, 23 2019 and continues through September 30, 2020 [herein, the "2019-2020 Fiscal Year"D); 24 and, 25 26 29 30 33 34 37 38 WHEREAS, the current year gross taxable value of real property within the 27 Village ofLazy Lake for operating purposes which is not exempt from taxation has been 28 certified by the Property Appraiser to be $7,528,358; and, WHEREAS, at the September 6, 2019 public hearing, the first substantive issue 31 discussed was the percentage increase in millage necessary to fund the budget, ifany, and 32 the specific purposes for which ad valorem taxes are proposed to be increased; and, WHEREAS, the Village Council reviewed a draft tentative budget for the Village 35 ofLazy Lake's 2019-2020 Fiscal Year, and made such adjustment to same as it determined 36 necessary at the public hearing of September 6, 2019; and, WHEREAS, the Village Council computed a tentative millage rate which was 39 necessary to fund the proposed portion of the tentative budget for the Village of Lazy 40 Lake's 2019-2020 Fiscal Year which is to be funded from sources other than ad valorem 41 taxes, and further, has computed the percentage by which the computed tentative millage 42 rate exceeds the rolled back rate; and, 43 44 WHEREAS, at the September 6, 2019 public hearing, the Village Council adopted 45 Village Resolution No. 2019-6 (approving a tentative millage rate of 4.7940 mils), and 46 adopted Village Resolution No. 2019-7 (approving a tentative budget for the 2019-2020 47 Fiscal Year); and, 48 Page 1 of4 DRAFT 49 WHEREAS, the Village caused there to be advertised in the South Florida Sun 50 Sentinel newspaper on September 21, 2019 a "Notice of Proposed Tax Increase" (which 51 Notice advertised aj public hearing on September 26, 2019 at which a final decision would 54 WHEREAS, Village Resolution No.'s2019-6: and 2019-7 initially contained a scrivener's 55 error in the date ofthe final public hearing, but such error was corrected toj properly reflect 56 such public hearing date as being September 26, 2019, and the corrected Resolutions have 57 been signed by the Mayor and a copy of same has been sent to the Broward County 58 Property Appraiser's - Office and the Broward County Tax Collector; and, 52 be made on the tax increase and budget) and a "Budget Summary";and 53 59 60 63 64 67 68 WHEREAS, at the September 26, 2019 public hearing, the first substantive issue 61 discussed was the percentage increase in millage necessary to fund the final budget, ifany, 62 and the specific purposes for which ad valorem taxes are proposed to bei increased; and, 65 Lazy Lake's 2019-2020 Fiscal Year, and made such adjustment to same as it determined WHEREAS, the Village Council reviewed a draft final budget for the Village of 66 necessary at the public hearing of September 26, 2019; and, WHEREAS, the Village Council has computed a final millage rate which is 69 necessary to fund the proposed portion of the final budget for the Village ofLazy Lake's 70 2019-2020 Fiscal Year which is to be funded from sources other than ad valorem taxes, 71 and further, has computed the percentage by which the computed final millage rate exceeds 74 NOW, THEREFOR, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE 72 the rolled back rate; 73 76 78 75 VILLAGE OF LAZY LAKE, FLORIDA, THAT: 77 Section 1: The foregoing recitals are approved as if set forth herein. 79 Section 2: There is hereby adopted a final millage rate for the imposition of millage 80 necessary to fund the proposed portion of the Village of Lazy Lake's final 2019-2020 81 Fiscal Year Budget to be funded from sources other than Ad Valorem Taxes of 4.7940 82 mils. Therefore, the final levying of ad valorem taxes with such final millage rate is 85 Section 3: The final millage rate approved and levied in Section 1 of 4.7940 mils is 83 hereby also approved. 84 87 89 86 greater than the Village'srolled back rate of 4.5833 mils by 4.49%. 88 Section 4: The Village has no voted debt service millage. 90 Section 5: The Village Administrative Assistant is directed to send a copy of this 91 Resolution to the Broward County Property Appraiser's Office and the Broward County 92 Tax Collector within three (3) days ofits effective date. 93 Page 2 of4 DRAFT 94 Section 6: All prior Resolutions or parts of Resolutions in conflict herewith are 97 Section 7. Should any section, paragraph, sentence, clause, phrase or other part ofthis 98 Resolution be declared by a court of competent jurisdiction to be invalid, such decision 99 shall not affect the validity of this Resolution as a whole or any portion or part thereof, 102 Section' 7: This Resolution shall become effective immediately after passage by the 95 superseded to the extent ofs such conflict. 96 100 other than the part SO declared to be invalid. 103 Village Council and by signature by the Mayor. 101 104 105 106 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 ATTEST: 125 126 127 129 130 131 132 133 134 135 137 140 141 142 143 107 PASSED AND ADOPTED BY THE VILLAGE COUNCIL this 26th day of 108 September, 2019. Council Member John Boisseau Sally Boisseau Patrick Kaufman Carlton Kirby Ray Nyhuis Voice Vote Yea Yea Yea Yea Yea Absent Nay. Nay. Nay. Nay. Nay. - SIGNED BY THE MAYOR this day of September, 2019. MAYOR EVAN ANTHONY 128 VILLAGE ADMINISTRATIVE ASSISTANT APPROVED DATE REQUESTEDBY: ATTY.OK: ASTOFORMONLY 136 RECORD: ENTRY: 138 IHEREBY CERTIFY that the Original of the foregoing signed Resolution was received by the Village 139 Administrative Assistant and entered into thel Public Record this day of September, 2019. Page 3of4 DRAFT 144 145 146 147 Village Administrative Assistant, Lisa Tayar 148 01862-1800113551990) Page 4 of4 45 DRAFT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. 2019- (B) A RESOLUTION OF THE VILLAGE OF LAZY LAKE, BROWARD COUNTY, FLORIDA PERTAINING TO THE SUBJECT OF PUBLIC FINANCE; PROVIDING FINDINGS; ADOPTING THE FINAL BUDGET FOR THE VILLAGE OF LAZY LAKE, BROWARD COUNTY, FLORIDA FOR THE VILLAGE'S 2019-2020 FISCAL YEAR; PROVIDING DIRECTIONS TO THE ADMINISTRATIVE ASSISTANT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING CONFLICTS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, on July 30, 2019, the Village Council of Lazy Lake, Florida adopted 17 Village Resolution 2019-5 to advise the Broward County Property Appraiser of: (a) the 18 Village's proposed millage rate of 4.7940 mils, (b) the Village's "rolled back rate" of 19 4.5833 mils, and (c) that a public hearing will be held by the Village Council on September 20 6, 2019 to consider: () the Village's tentative millage rate and (ii) the Village's tentative 21 budget for the Village's next ensuing Fiscal Year (which budget commences October 1, 22 2019 and continues through September 30, 2020 [herein, the 2019-2020 Fiscal Year"D); 23 and, 24 25 28 29 32 33 WHEREAS, the current year gross taxable value of real property within the 26 Village of Lazy Lake for operating purposes which is not exempt from taxation has been 27 certified by the Property Appraiser tol be $7,528,358; and, WHEREAS, at the September 6, 2019 public hearing, the first substantive issue 30 discussed was the percentage increase in millage necessary to fund the budget, if any, and 31 the specific purposes for which ad valorem taxes are proposed tol be increased; and, 34 ofLazy Lake's 2019-2020 Fiscal Year (which was prepared by the Accounting Firm Keefe 35 McCullough and presented to the Village Council), and made such adjustments to same as 36 it determined necessary at the public hearing of September 6, 2019 (and with such 37 adjustments as may have been made, such tentative budget shall be referenced herein as WHEREAS, the Village Council reviewed a draft, tentative budget for the Village 38 the "tentative budget"); and, 39 40 42 43 WHEREAS, the tentative budget set forth the appropriations and revenue estimate WHEREAS, the Village Council computed a tentative millage rate which was 41 for the Village's2019-2020 Fiscal Year as being in the amount of $143,789; and, 44 necessary to fund the proposed portion of the tentative budget for the Village of Lazy 45 Lake's 2019-2020 Fiscal Year which is to be funded from sources other than ad valorem 46 taxes, and further, computed the percentage by which the computed tentative millage rate 47 exceeds the rolled back rate; and, 48 Page 1 of4 DRAFT 49 WHEREAS, at the September 6, 2019 public hearing, the Village Council adopted 50 Village Resolution No. 2019-6 (approving a tentative millage rate of 4.7940 mils), and 51 adopted Village Resolution No. 2019-7 (approving a tentative budget for the 2019-2020 52 Fiscal Year); and, 53 54 WHEREAS, the Village caused there to be advertised in the South Florida Sun 55 Sentinel newspaper on September 21, 2019 a "Notice of Proposed Tax Increase" (which 56 Notice advertised aj public hearing on September 26, 2019 at which ai final decision would 57 be made on the tax increase and budget) and a "Budget Summary"; and 58 59 WHEREAS, Village Resolution No.'s 2019-6 and 2019-7 initially contained a 60 scrivener's error in the date of the final public hearing, but such error was corrected to 61 properly reflect the public hearing date as being September 26, 2019, and the corrected 62 Resolutions have been signed by the Mayor, and a copy of same has been sent to the 63 Broward County Property Appraiser's Office and the Broward County Tax Collector; and, 66 discussed was the percentage increase in millage necessary to fund the final budget, ifany, 67 and the specific purposes for which ad valorem taxes are proposed to be increased; and, 70 reviewed a draft final budget for the Village of Lazy Lake's 2019-2020 Fiscal Year, and 64 65 68 69 72 73 WHEREAS, at the September 26, 2019 public hearing, the first substantive issue WHEREAS, at the September 26, 2019 public hearing, the Village Council 71 made such adjustment to same as it determined necessary; and, WHEREAS, at the September 26, 2019 public hearing, the Village Council 74 computed a final millage rate which is necessary to fund the proposed portion of the final 75 budget for the Village of Lazy Lake's 2019-2020 Fiscal Year which is to be funded from 76 sources other than ad valorem taxes, and further, has computed the percentage by which 79 NOW, THEREFOR, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE 77 the computed final millage rate exceeds the rolled back rate; 80 VILLAGE OF LAZY LAKE, FLORIDA, THAT: 78 81 83 82 Section 1: The foregoing recitals are approved asi if set forth herein. 84 Section 2: There is hereby approved and adopted the Village of Lazy Lake's final 85 budget for the 2019-2020 Fiscal Year. For reference, the final budget is attached hereto as 88 Section 3: The Village Administrative Assistant is directed to send a copy of this 89 Resolution to the Broward County Property Appraiser's Office and the Broward County 92 Section 4: All prior Resolutions or parts of Resolutions in conflict herewith are 86 Exhibit "A." 87 90 Tax Collector within three (3) days ofits effective date. 91 94 93 superseded to the extent ofs such conflict. Page 2 of4 DRAFT 95 Section 5: Should any section, paragraph, sentence, clause, phrase or other part oft this 96 Resolution be declared by a court of competent jurisdiction to be invalid, such decision 97 shall not affect the validity of this Resolution as a whole or any portion or part thereof, 100 Section 5: This Resolution shall become effective immediately after passage by the 103 PASSED AND ADOPTED BY THE VILLAGE COUNCIL this 26th day of 98 other than the part sO declared to be invalid. 101 Village Council and by signature by the Mayor. 99 102 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 ATTEST: 121 122 123 125 126 127 128 129 130 131 133 136 137 138 139 140 141 142 143 145 104 September, 2019. Council Member John Boisseau Sally Boisseau Patrick Kaufman Carlton Kirby Ray Nyhuis Voice Vote Yea Yea Yea Yea Yea Absent Nay. Nay. Nay. Nay. Nay SIGNED BY THE MAYOR this day of September, 2019. MAYOR EVAN ANTHONY 124 VILLAGE ADMINISTRATIVE ASSISTANT APPROVED DATE REQUESTEDBY ATTY.OK: ASTOFORMONLY 132 RECORD ENTRY: 134 IHEREBY CERTIFY that the Original of the foregoing signed Resolution was received by the Village 135 Administrative Assistant and entered into the Public Record this day of September, 2019. Village Administrative Assistant, Lisa Tayar 144 018562-18001592015 Page 30 of4 PRAFT EXHIBIT "A" Tage 4d4