1990-31
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'~. LAKE
COUNTY
RECYCLING
PROGRAM
LAKE COUNTY BOARD OF COUNTY COMMISSIONERS
Solid and Hazardous Waste Management Division
315 W. Main St.
Tavares, Florida 32778
(904) 343-9619
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Dear Municipal Official:
Attached is your Municipality's certified copy of the 1990/91 Recycling and Education Grant
InterlocalAgreement signed by the Municipalities and County and filed with the clerk of the
County Commission.
Thank youfor your assistance this year with this interlocal agreement and grant.
If you have any questions, please call me at 343-9619
~
BRAD BAUSERMAN
RECYCUNG COORDINATOR
(Printed on Recycled Paper)
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INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITIES AND TOWNS OF
ASTATULA. CLERMONT, EUSTIS. FRUITLAND PARK. GROVELAND. HOWEY-IN-THE-
HILLS, LADY LAKE. LEESBURG, MASCOTTE, MINNEOLA, MONTVERDE. MOUNT DORA.
TAVARES. AND UMATILLA FOR THE APPLICATION AND USE OF THE 1990 -1991 SOLID
WASTE MANAGEMENT TRUST FUND RECYCUNG AND EDUCATION GRANT
This Interlocal Agreement, by and among Lake County, a political subdivision of the State
of Florida, hereinafter referred to as "County", and the following Cities or Town within
Lake County which execute this agreement; Astatula, Clermont, Eustis, Fruitland Park,
Groveland, Howey-in-the-Hills, Lady Lake, Leesburg, Mascotte, Minneola, Montverde,
Mount Dora, Tavares, and Umatilla, municipal corporations, hereinafter referred to as
"Cities" and hereinafter collectively referred to as the Parties:
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 Cities are "public agencies" within the meaning of Chapter
163, Florida Statutes, Intergovernmental Programs, Part I, Section 163.01, The
Florida Interlocal Cooperation Act of 1 ~69; 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 "Cities" fully participate in the design
implementation of the recycling program; and
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, 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, this Subcommittee has developed a joint grant application package to
help fund county-wide recycling and has recommende'd that the County and the Cities
endorse and approve the application by Interlocal Agreement; and
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WHEREAS, to maximize grant funds available to Lake County, the County and Cities
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 Cities agree as follows:
Section 1. ~ The term of this Interlocal Agreement shall commence on
Qctober 1, 1990 and shall remain in effect until such time as all funds are expended
from the 1990 - 1991 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 all Parties to be null and void.
Section 2. Mutual Covenants. All Parties agree to the following:
a} That the grant application package is made jointly on behalf of all the Parties
and is hereby approved by the Parties to be submitted to the FDER by County.
b} That the Parties understand that in order to eliminate the State grant program
matching fund requirements set forth in the Florida Administrative Code, Cities
representing at least seventy-five percent (7S%) of the incorporated
population of Lake County must execute this Interlocal Agreement. Should the
Cities executing this Interlocal Agreement not represent at least seventy-five
(7S%) of the incorporated population, matching funds will be required of those
Cities which receive funding allotments in accordance with this Interlocal
Agreement. .
c} To the apportionment as outlined in Section 4 below.
d} To faithfully pursue the intent, purpose and provisions of the grant application
package.
e} To conduct their respective recycling programs and all associated business in
strict accordance with all applicable laws, regulations and grant rules as set
forth by the FDER, and to utilize the grant funds solely for the purposes
authorized.
f) 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; (S) percentage of residences and businesses actually
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participating in the program at least once a month; (6) average quantity of
recyclable materials collected per participant; (7) average collection time per
participant; and (8) recycling program costs and revenues.
g} 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.
h} That all Parties shall expend the grant funds within the time frame specified by
the FDER regulations or policy memoranda.
i} That this Interlocal Agreemen~ shall remain in force for all parties that execute
this Interlocal Agreement without regard to any Party that fails to execute this
Interlocal Agreement.
j } That any activity or action that the FDER requires of the County shall in turn be
required of the Cities by the County, including matching funds for the
respective Party's portion of the allocated grant funds.
Section 3. Responsibilities
a}
By the Cities:
1 } The Cities agree to provide data requested by the County related to the
preparation of the grant application and each City's portion of the grant
application,
2 } The Cities which implement individ~al recycling programs 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 the FDER may require.
3 } The Parties shall maintain records of their project for at least three (3) years
after grants are expended,
4 ) The Cities 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 the FDER.
5 } Each of the Cities 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.
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b)
By the County:
1 ) The County shall submit the grant application package and information to the
FDER following execution of this Interlocal Agreement by all Parties.
2 ) The County shall, upon receipt of grant funds, forward payments to the Cities
equal to the Cities' invoices or receipts submitted by the County to the FDER, as
approved by the FDER, subject to the provisions of Section 4 below.
3 ) The County shall submit reports, as required, to the FDER on behalf of all
Parties.
Section 4. Apportionment. It is estimated that approximately $280,502 will be
available to the County and Cities from the Solid Waste Management Trust fund 1990 -
1991 Recycling and Education Grant Program if all municipalities in Lake County
execute this Interlocal 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 the municipality's population to
the total County Population. Each 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 on
behalf of all the Parties. 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 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 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 unexpecded 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.
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Section 7. This Agreement embodies the entire agreement among the Parties. It
may not be modified or terminated except as provided herein, If any provision herein is
invalid, it shall be considered deleted therefrom, and shall not invalidate the remaining
provisions,
Section 8. Recording. Upon execution of this Interlocal Agreement by all the
Parties, this Interlocal Agreement shall be preserved in the Public Records of Lake
County, Florida.
IN WITNESS THEREOF, the Parties hereto have caused this Interlocal Agreement to be
executed for the uses and purposes herein expressed, with the County and each City
signing, by and through officers duly authorized to execute same, on the date specified
under each signature.
~e. L~
James C. Watkins, Clerk
LAKE COUNTY, FLORIDA, through its
.BOARD~í~~U¡NTYCOM~~SSI(x\ ERS ( .
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MICHAELJ. BAKICH(C' AIRMAN
This
28THctay of SEPT., 19--.20
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This ~'-day of ,~ . 192£}
AlTEST:
CITY OF ASTATULA
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This /0 t£ day of
, 19çjo
Authorized Representative
ThiSd day of #.19£,)
Approved as to form and legalit :
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ATTEST:
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This 1?
day of Sepr ., 19~
Approved as to form and legality:
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ATTEST:
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Approved as to form and legality:
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City Attorney
ATTEST:
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This ,/7¿[ day Of.-J1J, 1970
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CITY OF CLERMONT
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Authorized Representative
This ~ day of Sept. I 192..9
CITYOFEUSTIS. . /U
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This Zo day of J.,:¡..-I I 19L(1
CITY OF FRUITLAND PARK
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Authorized Representative
This ~ day of k~19~ð
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ATTEST:
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This
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Approved as to form and legality:
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This c9~ day Of~, 19QÕ c
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CITY OF GROVELAND
Authorized R presentative
This )7~ day of ¥ ,19!.!
TOWN OF HOWEY-IN-THE-HILLS
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Authorized Representative
This 2~ day of M-, 19~
TOWN OF LADY LAKE
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Authorized Representative
This L.-1H day of {;l') ,19£0
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ATTEST:
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( Ici ty Clerk
'This 12th day of Sept., 19 90
Approved as to form and legality:
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ATTEST:
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This 1. Cc
day of S."t, 19P
Approved as to form and legality:
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ATTEST:
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This J¿ day Of~,<..) 990
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CITY OF LEESBURG
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Mayor-Commissioner'
Authorized Representative
This (?.~ day of Sc"A , 19fí)
CITY OF MASCOTTE
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(J Authorized Representative
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This ~ day of ~ I 19~
CITY OF MINNEOLA
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ATTEST:
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This
.!;- day of {_5~, 19;2.[/1
Approved as to form and legality:
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City Attorney
ATTEST:
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Th is / F' t;1 day of J;¡p-/. , 19 '70
Approved as to form and legality:
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ATTEST:
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This 2o.a. day of ~ , 19 fù
Approved as to form and legality:
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TOWN OF MONTVERDE
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Authorized Representative
This ~ day of 5€~;7 :r , 19;/-t:'
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Authorized Representative
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This /Ø'- day Of~~( 19 fò
CITY OF TAVARES
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Authorized Represen ative
This 20t:t:day of ,Ç.e{" 19~D
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ATTEST:
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This IR day of \<>(1+ , 19..2D
Approved as to form and ~J~_lity:
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CITY °': UMA TIUA - ~ . ,- - -
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Authorized Representative
This d day of Sé(ß I 1f1D
STATE OF FLORiDA. COUNTY OF lAKE
, HEREBY CERTiFY. that the above' and foregoing
is a true copy of the onginsl fried in th'5 offIce.
ES C. ArK I S, Clerk Circuit Court
- Deputy GJerÍ\
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