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1997-31 8 INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND CITY OF CLERMONT 8 FOR THE APPLICATION AND USE OF THE 1997-1998 RECYCLING AND EDUCATION GRANT STATE OF FLORIDA SOLID WASTE MANAGEMENT TRUST FUND Co/}I <? 7' " 8 8 INTERLOCAL AGREEMENT BEìWEEN LAKE COUNTY AND CITY OF CLERMONT FOR THE APPLICATION AND USE OF THE 1997-1998 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; andl 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, 2 8 8 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 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, 1997 and shall remain in effect until such time as all funds are expended from the 1997-1998 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 3 8 8 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 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 FDEP by Countyo 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 Ag reement. c) To faithfully pursue the intent, purpose and provisions of the grant appli- cation. 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 fol/owing: (1 ) solid waste quantities disposed of; 4 .' f) g) h) (2) (3) (4) (5) (6) (7) 8 8 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. That the parties shall expend grant funds within the time frames specified by 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. I) That all Parties will work cooperatively to form a mutually beneficial Section 4. a) recyclable materials marketing plan. Responsibilities 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) By contract of the CITY's recycling programs, it shall forward a copy of all contracts, agreements, bids, purchases, reports of 5 3) 4) b) 2) Section 5. 8 8 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. The CITY shall maintain records of its projects for at least three (3) years after grant funds are expendedo 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 FDEP. 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 FDEP following execution of this Interlocal Agreement by all Parties. 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 4. 3) The County shall submit reports, as required, to FDEP on behalf of all Parties. Apportionment. A certain level offunds will be available to the County 6 8 8 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 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 I nterlocal 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, and shall comply with any lawful requirements which the FDEP may impose. 7 8 8 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 of Clermont P.O. Box 120219 Clermont, FL 34712 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. 8 8 8 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 he refro m , 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 17T~ day of - .Jvn-e- ,1992, and to execute same by Council action on the /0 ih Jt1 a:JD y" day of -::Tune authorized CITY through its Council signing by and through its , 199:2-. ATTEST: ~~ am:ë?watkins, Clerk of the Board of County Commissioners of Lake County, Florida COUNTY LAKE COUNTY, through its BOARD OF COUNTY COMMISSI William "Bill" H. Good, Chairman This ~~ ~~y o~ 19!1Z. Approved as to form and legality by County Attorney for Lake County, Florida Lake County Courthouse 315 West Main Street Tavares, Florida 3277 (90 3 - 787 Sanford A. Minkoff County Attorney 9 4 . . . 8 8 Interlocal Agreement Between Lake County and CITY OF CLERMONT for the Application and Use of the 1997-1998 State of Florida Solid Waste Management Trust Fund Recycling and Education Grant. CITY OF CLERMONT Municipality /24 d F~ Authorized Representative ---- This / Ofh day of 19 0¡7 . ~{,,( I? e ATTEST: 9j~ Approved as to form and legality: ~M " Ot'A¿--t unlclpa I y s ttorney --- I-LOCALC WPD 10