1995-19
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INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
Am>
CITY OF CLERMONT
.
FOR THE APPLICATION Am> USE OF THE 1994-1995
STATE OF FLORIDA SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING Am> EDUCATION GRANT
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INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
CITY OF CLERMONT
FOR THE APPLICATION AND USE OF THE 1994-1995
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. II
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"
wi thin the
meaning
of
Chapter
163,
Florida
Statutes,
Intergovernmental
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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 Regulation
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, 1994 and shall remain in effect until
such time as all funds are expended from the 1994-1995 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 is contingent upon and subject
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to
receipt
of
grant
funds
from
the
Flori,da
Department
of
Environmental Regulation, hereinafter referred to as "FDER". if no
grant funds are received by the County from FDER, 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 FDER 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 application.
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
FDER,
and to utilize the grant
funds solely for the
purposes authorized.
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g)
h)
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e)
That each Party which implements a recycling program
agrees to maintain, or cause to be maintained, records
that indicate the following:
(1)
(2 )
(3)
(4 )
(5 )
(6 )
(7)
solid waste quantities disposed of;
solid
quantities
by
recycled
categorized
waste
material;
recycling program collection statistics;
number
of
residences
businesses
and
number
of
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
That the Parties shall meet as members of the Solid Waste
recycling program costs and revenues.
f)
Recycling Subcommittee as needed
to review progress of
projects.
That the parties shall expend grant funds within the time
frames specified by FDER regulations or policy memoranda.
That any activity or action that FDER requires of the
County shall in turn be required of the CITY by the
County,
including
respective
matching
for
the
funds
Party's portion of the allocated grant funds.
work
i)
That
all
Parties
will
cooperatively
a
form
to
mutually beneficial recyclable materials marketing plan.
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Section 4.
Responsibilities
a)
By the CITY:
1)
The CITY agrees to provide data requested by the
County
related
preparation
grant
the
of
to
applications and to the CITY's portion of grant
applications.
2)
implements
individual
recycling
If
the
CITY
programs, it shall forward a copy of all contracts,
agreements,
bids,
reports
of
purchases,
expenditures, and related documents pertaining to
each quarter, and
a written report outlining the
project
County Solid Waste
to the
Lake
status,
Management Division not later than the fifteenth
(15)
day of January, April,
July and October for
each year, or until such time as FDER may require.
3)
The CITY shall maintain records of its projects for
at
least
three
(3 )
funds
are
after grant
years
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 FDER.
5)
The CITY shall promptly and without the requirement
of a demand by the County, return to the County all
grant
funds
all
grant
funds
expended
not
or
expended
for
authorized
or
in
by
not
purposes
accordance with approved grant agreements.
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b)
By the County:
1)
The County shall submit grant application packages
and information to FDER 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 FDER,
as
approved by FDER,
subject
to
the
provisions
of
Section 4.
3)
The County shall submit reports,
as required,
to
FDER 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 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 FDER. 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.
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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 I
and shall comply with any lawful requirements
which the FDER 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 when in writing and addressed as follows:
County
CITY
County Manger
315 West Main Street
P. O. Box 7800
Tavares, FL 32778-7800
Mr. Wayne Saunders, City Manager
City of Clermont
P.O. Box 120219
Clermont, FL 34712
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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 Aqreement.
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.
Recordinq. Upon execution of this Interlocal
Agreement
by
all
Parties,
this
Interlocal
Agreement
shall
be
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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
Board
of
County
Commissioners,
signing by and through its Chairman, authorized to execute same by
Board Action on the
26th
day of
July
, 199~, and
CITY through its Council signing by and through its
Mayor
authorized to execute same by Council action on the
27th
day of
Sepf"~mhpT
, 199A.
COUNTY
ATTEST:
LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
R~ ~~hairman
This ?JtIc- day of ~,
19 qs:--.
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
1il {~Y#S?
Rolon W. Ree
Interim County Attorney
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Interlocal Agreement Between Lake County and City of Clermont
For The Application And Use Of The 1994-1995 State Of Florida Solid
Waste Management Trust Fund Recycling And Education Grant
CITY OF CLERMONT
municipality
/2¿o~/
~uthorized representative
Thi s 25th
19 95 .
day of
April
ATTEST:
~ ûJL&~
Approved as to form and
legality:
~~ ~ ---( ~
municipality's attorney
8/18/94
contract\recyclin.bgd
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DEPARTMENT OF
SOLID WASTE MANAGEMENT SERVICES
p,O Box 7800
13130 Astatula Landfill Rd.
Tavares, FL 32778
(904) 343-3776
FAX (904) 343-9257
ADMINISTRATION
ASSESSMENT MANAGEMENT! CUSTOMER SERVICES
CAPITAL PROJECTS MANAGEMENT SERVICES
HAZARDOUS WASTE MANAGEMENT SERVICES
RECYCLING SERVICES
SOLID WASTE DISPOSAL OPERATIONS
SUPPORT SERVICES
April 13, 1995
Ms. Ann Whitlock
City of Clermont
P.O. Box 120219
Clermont, FL 34712
Dear Ann:
Per our telephone conversation, please find enclosed three Interlocal
Agreements pertaining to the Recycling and Education Grant. After the City
executes, please return the three originals to my attention for execution by the
County. When that has been done I will return one of the originals to you for
your files.
If you have any questions, please do not hesitate to contact me at (904) 343-
3776.
Sincerely,
v(~~.
Kathy E. Hartenstein
Executive Secretary
Enclosures
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DISTRICT ONE
RHONDA H GERBER
DISTRICT TWO
WilLIAM "Bill" H GOOD
DISTRICT THREE
RICHARD SWART?
DISTRICT FOUR
CATHERINE CHANSON
DISTRICT FIVE
WELTON G CADWEll