1993-28
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INTERLOCAL AGREEMENT
BETWEEN
LAKE COUNTY
AND
11-IE CITY OF CLERIVIONT
FOR 11-IE APPUCA llON AND USE OF 11-IE 1993-1994 '
STAlE OF FLORIDA SOUD WASlE MANAGEMENT TRUST FUND
RECYCUNG AND EDUCA llON GRANT
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THIS Interlocal Agreement, by and between lake County, a political subdivision
of the State of Florida, hereina~er referred to as "County",
and
The City of Clenront, a municipal corporation pursuant to the lavvs of the State of
Florida, hereinafter referred to as the "City."
WTNESSETH:
WHEREAS, Chapter 163, Florida Statutes, I ntergovernmental 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 agene,y of the State of Florida any povver,
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 povver by such public
agencies may be made by contract in the fonn 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 I nterlocal Cooperation Ad of 1969; and,
WHEREAS, Chapter 403, Florida Statutes, Part IV, Resource Recovery
Management, requires local governments to reduce their waste streams through
ree,yding; and,
WHEREAS, The Act requires the County to implement the ree,yding program
and insure, to the maximum extent possible, that the various cities fully participate in
the design and implementation of the ree,yding program; and,
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VVI-IEREAS, Lake County, in cooperation Vllith the Cities Vllithin Lake County, Vllill
continue to provide an integrated approach towards accomplishing this waste stream
reduction; and
VVI-IEREAS, the Florida Department of Environmental Regulation has
established a Recycling and Education Grant Program; and
VVI-IEREAS, to maximiz~ 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 CONSIDERA 1l0N of the promises and mutual
covenants hereinafter contained, the parties agree as follovvs:
Section 1. Recitals. The above recitals are true and correct and are
incorporated herein by reference.
Section 2. Term. The term of this I nterlocal Agreement shall COrTV'11ence on
October 1, 1993 and shall remain in effect until such time as all funds are expended
from the 1993-1994 Recycling and Education Grant Program, not Vllithstanding 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 Regulation, hereinafter referred to as "FDER". if
no grant funds are received by the County from FDER, 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 folloVlling:
a) That the City hereby joins in the said grant applications required and hereby
approves the submittal of grant applications to FDER 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
the same form as this Interlocal Agreement. Should the Cities executing
such Interlocal Agreements not represent at least seventy-five percent
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(75%) of the incorporated population, matching funds will be required
of those Cities Vvilich 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 res~ive r~ding programs and all associated
business in strict accordance with all applicable lavvs, regulations and
grant rules set forth by FDER, and to utilize the grant funds solely for the
purposes authorized.
e) That each Party which implements a r~cling program agrees to maintain,
or cause to be maintained, records that indicate the following:
(1) solid waste quantities disposed of;
(2) solid waste quantities r~cled categorized by material;
(3) recycling program collection statistics;
(4) number of residences and number of businesses actually participating
in the program at least once a month;
(5) percentage of residences and businesses actually participating in the
program at least once a month;
(6) average quantity of r~clable material collected per participant; and
(7) recycling program costs and revenues.
f) That the Parties shall meet as members of the Solid Waste R~cling
Subcommittee as needed to review progress of projects.
g) That the parties shall expend grant funds within the time frames specified
by FDER regulations or poli~ 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.
i) That all Parties will vvork to cooperatively to fonn a mutually beneficial
r~clable materials marketing plan.
Section 4. ~
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a) 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 recyding programs, it shall forward
a copy of all CQntracts, 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 Division not later than the fifteenth (15) day of
January, April, July and October for each year, or until such time as
FDER may require.
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 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
or all grant funds expended for purposes not authorized by or in
accordance with approved grant agreements.
b) By the County:
1) The County shall submit grant application packages and infonmtion
to FDER 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 FDER, as approved by FDER, subject to the provisions of Section
4.
3) The County shall submit reports, as required, to FDER on behalf of
all Parties.
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Section 5. Apportionment. A certain level of funds Vllill be available to the
County and Lake County Municipalities from the Solid Waste Management Trust fund
Recyding 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 rOO/ding 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 FDER. The City shall, Vllithin thirty (30) days
of execution of this Interlocal Agreement, inform the County if it intends to implement
its own recyding program and shall provide, Vllith 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 Vllith the
provisions of this Interlocal Agreement shall place that Party in default. Prior to
terminating the Interlocal Agreement Vllith 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 Vllithin the time
specified, this Interlocal Agreement may be terminated, Vllith 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 retum any unexpended funds to the County,
unless County is the defaulting Party, and shall comply Vllith any lawful requirements
which the FDER 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
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made or sent when in writing and addressed as follovvs:
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County Manger
315 \Nest Main Street
City Manager
City of Clermont
PO# 7800
PO# 120219
Tavares, FL 3277ß- 7800
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.
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. ~ Upon execution of this Interlocal Agreement by all
Parties, this Interlocal Agreement shall be preserved in the Public Records of Lake
County, Florida.
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IN WITNESS WHEREOF, the Parties hereto have made and executed this
I nterlocal Agreement on the respective dates under each signature: COUNTY through
through its Council signing by and through its -
execute same by Council action on the - \ 61~
its Board of County Commissioners, signing by and through its Chairman, authorized
to execute same by Board Action on the - I çr day of - .j ûÑé: , 1993, and ClìY
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day of -j~ '--'~
authorized to
,1993.
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INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND .crry FOR
APPUCATION AND USE OF STATE OF FLORIDA, SOUD WASTE MANAGEMENT
lRUST FUND, RECYCUNG AND EDUCATION GRANTS
ATTEST:
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James C. Watkins, Clerk of the
Board of County Commissioners of
Lake County, Florida
This - ~ day of ~ 993
of _~19~3
lAKE COUNTY, FLORIDA, through its
G. Richard S\vartz, Jr., Chairman
This~ daYof~~11993
Approved as to form and legality by
fue ~þ
Kirk S. Warren
t/ß
Assistant County Attorney
¡k
(Authorized Representative)
This j3fÂ.; day of -~, 1993
Approved as to form and legality:
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Leonard H. Baird, Jr.
(Municipality's Attorney)
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INTERLOCAL AGREEMENT BET\IVEEN LAKE COUNlY AND CITY FOR
APPLICATION AND USE OF STAlE OF FLORIDA, SOUD WAglE MANAGEMENT
mUST FUND, RECYCUNG AND EDUCATION GRANTS
State of Florida
County of Lake
The foregoing instrument was acknowledged before me this - / 3~ day of -
rl+19NbY- f?ðbe¡¿f fl. Pðol
'-7: (name of officer or agent)
AI-It yoR on behalf of - C¡,1!:1 of C/€e.l11o,..¡-f
(title of officer or agent) (name of municipality)
a Florida corporation, He (øJIl) i~ personally knovvn to me ~.. I '.' -QtsI_L8 -
as identification and did -
OR did not -
take an
oath,
~ Â. W~~
l-;,~~:~t!i;... ANN S, WHITLOCK
, ~/ 4'~ i:1 M'i COMMISSION If CC 212874 EXPIRES
~;.ã.~'¡>i July 7, 1996
"~P.f..':i-'t-., BONDED THRU TROY FAIN INSURANCE, INC.
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DEPARTMENT OF
PUBLIC SERVICES
315 W MAIN STREET
TAVARES, FLORIDA 32778
September 10, 1993
Mr. Wayne Saunders
City Manager
City of Clermont
P.o. Box 120219
Clermont, FL 34712
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SPECIAL SERVICES DIVISION
ENGINEERING DIVISION
ROAD OPERATIONS DIVISION
SOLID WASTE MGMT DIVISION
MOSQUITO/AQUATIC PLT CTRL DIVISION
RËC ~që§-/~[P 1 '
to S[p 1
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RE: Interlocal Agreement Between Lake County and the City of
Clermont - Recycling and Education Grant 1993-94.
Dear Mr. Saunders,
Enclosed please find (1) original of the above-referenced
Agreement for your files. Your cooperation has been greatly
appreciated. If I can be of further assistance, please feel free
to contact me at (904)343-9619.
Sincerely,
!~i7!:'~o~tor
Solid Waste Management Division
\lln
Enclosure
DISTRICT ONE
RHONDA H GERBER
DISTRICT TWO
DON BAILEY
DISTRICT THREE
RICHARD SWARTZ
DISTRICT FOUR
CATHERINE CHANSON
DISTRICT FIVE
WELTON G CADWELL