2000-22
. 1f
, '. .
.
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
City of Clermont
FOR THE APPLICATION AND USE OF THE
STATE OF FLORIDA SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING AND EDUCATION GRANT
,
" ,
.
.
INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
City of Clermont
FOR THE APPLICATION AND USE OF THE
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 inter/ocal 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, Chapter 403, Florida Statutes, Part IV, Resource Recovery Management,
requires local governments to reduce their waste streams through recycling; and,
2
, ,
.
.. .
.
.
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,
2000 and shall remain in effect until termination of the state recycling and education grant programs,
unless otherwise terminated as provided for in Section 6. The parties acknowledge and understand
that this Agreement 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 invalid.
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
3
.' ,
c)
d)
.
.
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.
To faithfully pursue the intent, purpose and provisions of the grant application.
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 )
(2)
(3)
(4)
(5)
(6)
(7)
f)
Solid waste quantities disposed of
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
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 periods 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 mutually beneficial recyclable
materials marketing plan.
4
. '.
Section 4.
a)
b)
.
.
ResDonsibilities
By the CITY:
1)
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.
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 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 or in accordance with the applicable time
frame mandated by Florida's public record law, whichever is greater.
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
5)
as required by FDEP.
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.
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 5.
5
. "
.
.
3)
The County shall submit reports, as required, to FDEP on behalf of all
Parties.
Section 5,
Aooortionment. 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 agreed, in principle, 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 case of any
further default or non-compliance. In case 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 when in writing and
6
. . '".
.
.
addressed as follows:
County
CITY
County Manager
315 West Main Street
P.O. Box 7800
Tavares, FL 32778-7800
Wayne Saunders
P. O. Box 120219
Clermont, FL 32712
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
c)
company.
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 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 competent jurisdiction to be invalid, it shall be considered deleted herefrom,
and shall not invalidate the remaining provisions.
Section 1O,
Recording.
Upon execution of this Interlocal Agreement by all 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 Board of County
Commissioners, signing by and through its Chairman, authorized to execute same by Board Action
7
. . .:.
. .
. .
on the ~ day of ~and CITY through its Council signing by and through its
--.:..fC} ~ a~riZed to execute same by Council action on the ~;) d day
Of~.
~~~~
: of thè'Bo~rd ~~~~~~~~
- - Commissiohersof l~ke
County~,~~~rida "
"--
"
ATTEST:
. . " -
" " "
Approved as to form and legality by:
County Attorney for lake County, Florida
lake County Courthouse
315 West Main Street
Tavares, Florida 32778
(352) 343-9787
~
Sanford A. Minkoff
County Attorney
Interlocal Agreement Between lake County and City of Clermont for the Application and Use of the
State of Florida Solid Waste Management Trust Fund Recycling and Education Grant
Citv of Clermont
M~~
Au orized Representative
This fl3 day of Yh~ I ~
ATTEST:
9~
Approved as to form and legality:
Municipality's Attorney
8
June 29, 2000
Mr. Wayne Saunders
City Manager
City of Clermont
P. O. Box 120219
Clermont, Fl 32712
Dear Mr. Saunders:
Enclosed you will find your fully executed original of the Interlocal Agreement
between lake County and City of Clermont. We look forward to working with you
this next fiscal year.
Should you have any questions, please call me at 352-343-3776, extension 230.
Sincerely,
Cøtdl¡ ~aAL
Cindy Strickland, Recycling Coordinator
0
Printed on Recycled Paper
DISTRICT DNE
RHONDA H. GERBER
DISTRICT TWO
ROBERT A. POOL
DISTRICT THREE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE C. HANSON
DISTRICT FIVE
WELTON G. CADWELL