1999-39
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INTERLOCAL AGREEMENT ~
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT
FOR THE APPLICATION AND USE OF THE 1999-2000
STATE OF FLORIDA SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING AND EDUCATION GRANT
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INTERLOCAL AG~EEMENT
BETWEEN
LAKE COUNTY
AND
THE CITY OF CLERMONT.
FOR THE APPIJCATION AND USE OF THE 1999-2000
STATE OF FI..ORIDA SOLID WASTE MANAGEMENT TRUST FUND
RECYCLING AND EDUCATION GRANT
Thisinterlocal agreement, by and between Lake. County, a political subdivision of
the State of Florida, hereinafter referred to as County,
. and
The
Ci tv of Cl ermont
, a municipal corporation pursuant to the laws
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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.agenciesshare 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, Chapter 403, Florida Statutes, Part IV, Resource Recovery
Management, requires local governments to reduce their waste streams through recycling;
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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, 1999 and shall remain in effect until such time as all funds are expended from
the 1999-2000 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 to receipt of grant funds from the Florida Department of
Environmental Protection, hereina1ter 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,
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Section 3.
Mutual Covenants. The Parties agree to the following:
a)
b)
That the CITY hereby joins in the said grant applications required and hereby
approves the submittal of grant applications to FDEP by County,
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 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
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f)
(2)
(3)
(4)
(5)
(6)
(7)
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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 revenu~s
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
h)
I)
Section 4.
a)
FDEP regulations or policy memoranda.
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,
That all Parties will work cooperatively to form mutually beneficial recyclable
materials marketing plan,
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.
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2)
3)
4)
b)
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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 repol1 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 FOEP may require.
The CITY shall maintain records of its projects for at least three (3)
years after grant funds are expended~
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 FOEP,
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.
By the County:
1)
The County shall submit grant application packages and information
to FOEP following execution of this Interlocal Agreement by all
Parties.
2)
The County shall, upon receipt of grant funds, forward payments to
the CITY equé:11 to the invoices or receipts submitted by the County to
FOEP, as approved by FOEP, subject to the provisions of Section 4.
3)
The County shall submit reports, as required, to FOEP on behalf of all
Parties,
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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) day~ 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 Tørmination, 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-defa'ulting Party shall
notify the defaulting Party and all other Parties in writing. Notification shall make specific
reference to the violation of this IntE~rlocal 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,
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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 Manager
315 West Main Street
P.O. Box 7800
Tavares, FL 32778-'7800
City Manager, City Of Clermont
1 Westgate Plaze
Post Office Box 120219
Clermont;. Florida 34712-0219
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 ~he 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.
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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
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 on the
6th
day of
¡i/t}¡ jtJÝ
QJ cJ-tlt day of .J /.i ~~
July
, 199~, and
CITY.through its Council signing by and through its
authorized
to execute same by Council action on the
,199ß.
J mes C. Watkins, Clerk
of the Board of County
Commissioners of Lake
County, Florida
COUNTY
LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
~
Catherine C, Hanson, Vice Chairman
This 6th day of
19~.
July
Approved as to form and legality
by County Attorney for
Lake County, Florida
Lake County Courthouse
315 West Main Street
Tavares, Florida 327 8
(3 43- 78
Sanford A, Minkoff
Cou nty Attorney
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Interlocal Agreement Between Lake County and the City of Clermont
for the Application and Use of the 1999-2000 State of Florida Solid Waste Management
Trust Fund Recycling and Education Grant
CITY OF CLERMONT
Municipality
AU~:;~
HAROLD S. TURVILLE, JR., MAYOR.
This c:2"'-/ day of ~
19577' (;;/
ATTEST:
JLPE~ r:-/. ß~&é
Approved as to form and legality:
Municipality's Attorney
H:\5 HARE\RE CY CLE\G RANl\I-L OCAL. DOC
6/4/99 3:01 PM
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