1998-40
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
CITY OF CLERMONT
.
FOR THE APPLICATION AND USE OF THE 1998-1999
STATE OF FLORIDA SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING AND EDUCATION GRANT
r.72-~1 8
.
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
CITY OF CLERMONT
FOR THE APPLICATION AND USE OF THE 1998-1999
STATE OF FLORIDA SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING AND EDUCATION GRANT
This Interlocal Agreement, by and between lake County, a political subdivision of
the State of Florida, hereinafter referred to as "County",
and
The City of Clermont, a municipal corporation pursuant to the laws of the State of
Florida, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I,
Miscellaneous Programs, Section 163,01, The Florida Interlocal Cooperation Act of 1969,
subsection 163.01(4), provides that public agencies of the State of Florida may exercise
jointly with any other public agency of the State of Florida any power, privilege, or authority
which such agencies share in common, and which each might exercise separately; and,
WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I,
Miscellaneous Programs, Section 163.01, The Florida Interlocal Cooperation Act of 1969,
subsection 163.01 (5), provides that a joint exercise of power by such public agencies may
be made by contract in the form of an interlocal agreement; and,
WHEREAS, County and CITY are "public agencies" within the meaning of Chapter
2
.
.
163, Florida Statutes, Intergovernmental Programs, part I, Section 163,01, The Florida
Interlocal Cooperation Act of 1969; and,
WHEREAS, Chapter 403, Florida Statutes, Part IV, Resource Recovery
Management, requires local governments to reduce their waste streams through recycling;
and,
WHEREAS, the Act requires the County to implement the recycling program and
insure, to the maximum extent possible, that the various cities fully participate in the design
and implementation of the recycling program; and,
WHEREAS, lake County, in cooperation with the Cities within lake County, will
continue to provide an integrated approach towards accomplishing this waste stream
reduction; and
WHEREAS, the Florida Department of Environmental Protection has established
a Recycling and Education Grant Program; and
WHEREAS, to maximize grant funds available to lake County, the County and
CITY hereby agree to jointly prepare and implement a coordinated recycling and public
education approach.
NOW, THEREFORE, IN CONSIDERATION of the promises and mutual covenants
hereinafter contained, the parties agree as follows:
Section 1.
Recitals, The above recitals are true and correct and are incorporated
herein by reference.
Section 2.
Term, The term of this Interlocal Agreement shall commence on
October 1, 1998 and shall remain in effect until such time as all funds are expended from
the 1998-1999 Recycling and Education Grant Program, not withstanding the three-year
record keeping requirements as specified in Section 4, unless otherwise terminated as
provided for in Section 6, The parties acknowledge and understand that this Agreement
3
.
.
is contingent upon and subject to receipt of grant funds from the Florida Department of
Environmental Protection, hereinafter referred to as "FDEP."
If no grant funds are
received by the County from FDEP, this Interlocal Agreement shall terminate and be
considered by the Parties to be null and void.
Section 3.
Mutual Covenants. The Parties agree to the following:
a)
That the CITY hereby joins in the said grant applications required and hereby
approves the submittal of grant applications to FDEP by County,
b)
That the County and the CITY understand that in order to avoid matching
fund requirements applicable to the grant application, Cities representing at
least seventy-five percent (75%) of the incorporated population of lake
County must execute an Interlocal Agreement in substantially the same form
as this Interlocal Agreement. Should the Cities executing such Interlocal
Agreements not represent at least seventy-five percent (75%) of the
incorporated population, matching funds will be required of those Cities
which receive funding allotments in accordance with this Interlocal
Agreement.
c)
To faithfully pursue the intent, purpose and provisions of the grant appli-
cation.
d)
To conduct their respective recycling programs and all associated business
in strict accordance with all applicable laws, regulations and grant rules set
forth by FDEP, and to utilize the grant funds solely for the purposes
authorized.
e)
That each Party which implements a recycling program agrees to maintain,
or cause to be maintained, records that indicate the following:
(1 )
solid waste quantities disposed of;
4
(2)
(3)
(4)
(5)
(6)
(7)
.
.
solid waste quantities recycled categorized by material;
recycling program collection statistics;
number of residences and number of businesses actually participating
in the program at least once a month;
percentage of residences and businesses actually participating in the
program at least once a month;
average quantity of recyclable material collected per participant; and
recycling program costs and revenues,
f)
That the Parties shall meet as members of the Solid Waste Recycling
Subcommittee as needed to review progress of projects,
g)
That the parties shall expend grant funds within the time frames specified by
FDEP regulations or policy memoranda.
h)
That any activity or action that FDEP requires of the County shall in turn be
required of the CITY by the County, including matching funds for the
respective Party's portion of the allocated grant funds,
I)
That all Parties will work cooperatively to form a mutually beneficial
recyclable materials marketing plan.
Section 4.
Responsibilities
a)
By the CITY:
1)
2)
The CITY agrees to provide data requested by the County related to
the preparation of grant applications and to the CITY's portion of grant
applications.
By contract of the CITY's recycling programs,
it shall forward
a copy of all contracts, agreements, bids, purchases, reports of
expenditures, and related documents pertaining to each quarter, and
5
.
.
a written report outlining the project status, to the lake County Solid
Waste Management Services Department not later than the fifteenth
(15) day of January, April, July and October for each year, or until
such time as FDEP may require.
3)
The CITY shall maintain records of its projects for at least three (3)
years after grant funds are expended.
4)
The CITY shall cooperate in an audit conducted by or on behalf of the
County or the State of Florida and shall maintain records and files in
such manner as required by FDEP.
5)
The CITY shall promptly and without the requirement of a demand by
the County, return to the County all grant funds not expended or all
grant funds expended for purposes not authorized by or in
accordance with approved grant agreements,
b)
By the County:
1)
The County shall submit grant application packages and information
to FDEP following execution of this Interlocal Agreement by all
Parties.
2)
The County shall, upon receipt of grant funds, forward payments to
the CITY equal to the invoices or receipts submitted by the County to
FDEP, as approved by FDEP, subject to the provisions of Section 4.
3)
The County shall submit reports, as required, to FDEP on behalf of
all Parties.
Section 5.
Apportionment. A certain level of funds will be available to the County
and lake County Municipalities from the Solid Waste Management Trust fund Recycling
and Education Grant Program if all municipalities in lake County execute this Interlocal
6
.
.
Agreement. Of the funds received, the Parties have, in principle, agreed that each
municipality that conducts its own recycling program shall receive its proportional share of
grant funds minus the County's base grant allocation. The proportional share shall be
based upon the ratio of each municipality's population to the total County population as
reported by FDEP, The CITY shall, within thirty (30) days of execution of this Interlocal
Agreement, inform the County if it intends to implement its own recycling program and shall
provide, with such indication of intent, a time schedule for program implementation, Grant
funds not apportioned to the municipalities shall be apportioned to the County to implement
the activities specified in grant application packages,
Section 6.
Default and Termination. The failure of any Party to comply with the
provisions of this Interlocal Agreement shall place that Party in default. Prior to terminating
the Interlocal Agreement with respect to the defaulting Party, a non-defaulting Party shall
notify the defaulting Party and all other Parties in writing. Notification shall make specific
reference to the violation of this Interlocal Agreement that gave rise to the default and shall
specify a reasonable time for the defaulting Party to cure the default. In the event said
default is not cured within the time specified, this Interlocal Agreement may be terminated,
with respect to the defaulting Party. The failure of any Party to exercise this right shall not
be considered a waiver of such right in the event of any further default or non-compliance.
In the event of termination, the defaulting Party shall return any unexpended funds to the
County, unless County is the defaulting Party, and shall comply with any lawful
requirements which the FDEP may impose.
Section 7.
Notices.
a)
All notices, demands, or other writings required to be given or made or sent
in this Interlocal Agreement, or which may be given or made or sent, by
either party to the other, shall be deemed to have fully given or made or sent
7
.
.
when in writing and addressed as follows:
County
CITY
County Manager
315 West Main Street
P.O, Box 7800
Tavares, FL 32778-7800
City of Clermont
P, 0, Box 120219
Clermont, FL 34712
b)
All notices required, or which may be given hereunder, shall be considered
properly given if (1) personally delivered (2) sent by certified United States
mail, return receipt requested, or (3) sent by Federal Express or other
equivalent overnight delivery company.
c)
The effective date of such notices shall be the date personally delivered, or
if sent by mail, the date of the postmark, or if sent by overnight letter delivery
company, the date the notice was picked up by the overnight delivery
company.
d)
Parties may designate other parties or addresses to which notice shall be
sent by notifying, in writing, the other party in a manner designed for the filing
of notice hereunder.
Section 8.
Modification, This Interlocal Agreement may be amended and/or
extended at any time by mutual written consent of the Parties. No extension, modification,
amendment, or alteration of the terms or conditions contained herein shall be effective
unless contained in a written document executed by the Parties hereto, with the same
formality, and of equal dignity herewith.
Section 9.
Entire Agreement. This Agreement embodies the entire Agreement
between the Parties. It may not be modified or terminated except as provided herein. If
any provision herein is found by a court of competent jurisdiction to be invalid, it shall be
considered deleted herefrom, and shall not invalidate the remaining provisions,
Section 10. Recording,
Upon execution of this Interlocal Agreement by all
8
.
.
Parties, this Interlocal Agreement shall be preserved in the Public Records of lake County,
Florida,
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement on the respective dates under each signature. COUNTY through its
CITY through its Council signing by and through its
Board of County Commissioners, signing by and through its Chairman, authorized to
/Ó1J1t day of ~
~
. r.
day of J CL r--.Q..-
, 199E, and
execute same by Board Action on the
authorized
to execute same by Council action on the
flp
119~.
EST:
ames C. Watkins, Clerk
of the Board of County
Commissioners of lake
County, Florida
G, Richard Swartz Jr., Chairma
This 9,6 day of Ju,f\e
19~
Sanford A. Minkoff
County Attorney
Approved as to form and legality
by County Attorney for
lake County, Florida
lake County Courthouse
315 West Main Street
Tavares, Florida 32778
(904) 343-9787
9
. .
.
.
Interlocal Agreement Between Lake County and City of Clermont for the Application and
Use of the 1998-1999 State of Florida Solid Waste Management Trust Fund Recycling and
Education Grant
CITY OF CLERMONT
Municipality
ø¿J~~
Authorized Representative --
- :.: - - -----
-
- -
- -
:::'- - : ~ --- -
This 9th
1998
day of
June
ATIEST ~
? /Z'll
Approved as to form and legality:
~r~~
Municipality's Attorney
I-LOCALWPD
10