1992-14
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INTER LOCAL AGREEMENT BETWEEN LAKE COUNTY
AND THE CITY OF CLERMONT
FOR THE APPLICATION AND USE OF THE 1992-1993 SOLID WASTE MANAGEMENT TRUST FUND
RECYCUNG AND EDUCATION GRANT
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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 163,
Florida Statutes, Intergovernmental Programs, Part I, Section 163.01, The Florida Interlocal
Cooperation Act of 1969; and
WHEREAS, the State of Florida adopted the 1988 Solid Waste Management Act, codified in
Chapter 403, Florida Statutes, Part IV, Resource Recovery Management, which requires local
governments to reduce their solid waste streams by 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
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WHEREAS, Lake County, in cooperation with the Cities within Lake County, has created a
Solid Waste Recycling Subcommittee composed of members from each of the Cities, the County,
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waste haulers, recyclers, and the public, which Subcommittee has met regularly to investigate
the local solid waste and recycling system in relation to the requirements of the Act and has
determined that a joint and cooperative effort is a viable approach to the reduction of the solid
waste stream; 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 program.
NOW, THEREFORE, IN CONSIDERATION of the mutual benefits to flow to each other, the
County and the City agree as follows:
Section 1. Term. The term of this Interlocal Agreement shall commence on October 1,
1992 and shall remain in effect until such time as all funds are expended from the 1992 -
1993 Recycling and Education Grant notwithstanding the three-year record keeping
requirements as specified in Section 3, unless otherwise terminated as provided for in Section
5. The Parties acknowledge and understand that this Agreement is contingent upon and subject to
receipt of grant funds from the Florida Department of Environmental Regulation, hereinafter
referred to as FDER. If no grants funds are received by the County from the FDER, this
Interlocal Agreement shall terminate and be considered by the Parties to be null and void.
Section 2. Mutual Covenants. The Parties agree to the following:
a} That the City hereby joins in the said grant application and hereby approves the
submittal of the grant application to FDER by County.
b} That County and 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
(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.
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d)
To conduct their respective recycling programs and all associated business in
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strict accordance with all applicable laws, regulations and grant rules as set forth by
FDER, 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; (2) solid waste quantities recycled categorized by material; (3) recycling program
collection statistics to include population served by the program; (4) number of
residences and number of businesses served by the program; (5) percentage of
residences and businesses actually participating in the program at least once a month;
(6) average quantity of recyclable materials collected per participant; and (7)
recycling program costs and revenues.
f) That the Parties shall meet quarterly as members of the Solid Waste Recycling
Subcommittee to review the progress of the projects, or more frequently if the need
arises.
g) That the Parties shall expend the grant funds within the time frame specified by the
FDER regulations or policy memoranda.
h) That any activity or action that FDER 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.
Section 3. Responsibilities
a)
By the City:
1 ) The City agrees to provide data requested by the County related to the preparation of
the grant application and to City's portion of the grant application.
2 ) If the City implements individual recycling programs, it shall forward a copy of all
contracts, agreements, bids, purchases, reports of expenditures, and related
documents pertaining to each quarter, and a written report outlining the project
status, to the Lake County Environmental Services Department not later than the
fifteenth day of January, April. July and October for each year, or until such time as
FDER may require.
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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 a 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 not expended or all grant funds expended for
purposes not authorized by or in accordance with the approved grant agreement.
b)
By the County:
1 ) The County shall submit the grant application package and information to FDER
following execution of this Interlocal Agreement by both Parties as well as execution of
this Interlocal Agreement by all cities in Lake County.
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 below.
3 ) The County shall submit reports, as required, to FDER on behalf of all Parties.
Section 4. Apportionment. It is estimated that approximately $280,000 will be
available to the County and Lake County cities from the Solid Waste Management Trust fund
1992- 1993 Recycling and Education Grant Program if municipalities with seventy-five
percent (75%) of the incorporated population execute this agreement. Of this amount, the
Parties have in principle, agreed that each municipality that conducts its own recycling
program shall receive its proportional share of the total grant allocation 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. 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 the grant application package
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on behalf of the County and all cities witin the County, Should a lesser or greater grant amount
be awarded by the State, the apportionments will be adjusted accordingly.
Section 5. Default and Termination. The failure of either 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 period of time for the defaulting Party to cure the default. In the event said
default is not cured within the time provided, 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
FDER may impose.
Section 6. Modification. This Interlocal Agreement may be amended at any time by
mutual written consent of the Parties. No 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 7. Entire Aareement. 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 compentent jurisdiction to be invalid, it shall be considered deleted
herefrom, and shall not invalidate the remaining provisions.
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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
23rd day of June , 1992, and CITY through its City Council
signing by and through its Mayor, Robert A. Pool,
authorized to execute same by Council action on the 14th day of
July 1992.
INTERLOCAL AGREEMENT BETWEEN lAKE COUNTY AND THE CITY OF CLERMONT
FOR THE APPLICATION AND USE OFTHE 1992-1993 SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING AND EDUCATION GRANT
James C. Watkins, Clerk of the
Board of County Commissioners of
Lake County, Florida
This /p¿¿ day ~r~' 19~2--
LAKE COUNTY, FLORIDA, through its
BOARD OF COUNTY COMMISSIONERS
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Michael J. Bakich, hairman
This /Çlit day oy2-r~ 19~
Annette Star Lustgarten
County Attorney
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This /t.¡Lt.. day Of~, 19.22.
City Attorney
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