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1991-12 8 8 ADMINISTRATION PHONE 904-343-9739 POLLUTION CONTROL PHONE 904-343-9738 SUNCOM 659-1738 SOLID AND HAZARDOUS WASTE MANAGEMENT PHONE 904-343-9619 MOSQUITO/AQUATIC PLANT MANAGEMENT PHONE 904-343-2011 SUNCOM 659-1682 LAKE SOIL & WATER CONSERVATION PHONE 904-343-2481 AGRICULTURAL CENTER PHONE 904-343-4101 DEPARTMENT OF ENVIRONMENTAL SERVICES 315 WEST MAIN STREET TAVARES, FLORIDA 32778 n£nORÄND~jfuJ-~ r-: ,'~: ~:.. ~ 9J'~ '-"'-~ - -- - - q /- tJ /.:L m: The Cities of Clennont, Eustis, Fruitland Park, Grove1and, Leesburg, Mascotte, Minneola, Mount Dora, Tavares and Umatilla; and the Towns of Astatula, Howey-in-the-Hills, Lady Lake and Montverde. Brad Bausennan, Recycling CoordinatorW Solid and Hazardous Waste Management Division FROM: DA1E: July 1, 1991 SUBJECT: FY 1991/92 Recycling and Education Grant Interlocal Agreement Attached for your files, please find one (1) original, executed, 1991/1992 Recycling and Education Grant Interlocal Agreement between Lake County and your City or Town. Thank you for your cooperation during the execution of this interlocal agreement. I '11 keep your City or Town infonned of any infonnation received from the State of Florida related to the grant. If you have any questions, please call me at 343-9619. BB:bb Attachment Q!¿ ~ Printed on Recycled Paper DISTRICT ONE CoW "CHICK" GREGG DISTRICT TWO DON BAilEY DISTRICT THREE RICHARD SWARTZ DISTRICT FOUR THOMAS J WINDRAM DISTRICT FIVE MICHAEL J BAKICH . I 8 8 INTER LOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT FOR THE APPLICATION AND USE OF THE 1991-1992 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 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, 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 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, 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 1 8 8 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, 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 program. NOW, THEREFORE, IN CONSIDERATION of the mutual benefits to flow to each other, the County and the City agree as follows: Section 1. Term. The term of this Interlocal Agreement shall commence on October 1, 1991 and shall remain in effect until such time as all funds are expended from the 1991 - 1992 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 the Parties to be null and void, Section 2. Mutual Covenants, The Parties agree to the following: a) That the City hereby joins in the said grant application and hereby approves the submittal of the grant application to FDER by County. b) That County and 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 .-1 Cities executing such Interlocal Agreements not represent at least seventy-five (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. 2 ~ , 8 8 d) 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 FDER, 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; (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; (5) percentage of residences and businesses actually participating in the program at least once a month; (6) average quantity of recyclable materials collected per participant; and (7) recycling program costs and revenues, f) 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. g) That the Parties shall expend the grant funds within the time frame specified by the FDER regulations or policy 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, Section 3. Responsibilities a) By the City: 1 ) The City agrees to provide data requested by the County related to the preparation of the grant application and to City's portion of the grant application. 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 Environmental Services Department not later than the 3 8 8 fifteenth 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 a 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 all grant funds expended for purposes not authorized by or in accordance with the approved grant agreement. b) By the County: 1 ) The County shall submit the grant application package and information 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 below, 3 ) The County shall submit reports, as required, to FDER on behalf of all Parties. Section 4. Apportionment. It is estimated that approximately $280,000 will be available to the County and lake County Cities from the Solid Waste Management Trust fund 1991- 1992 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 each municipality's population to the total County Population. 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 4 ~ 8 8 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 unexpended 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. Section 7. 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 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 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 C::;STff day of d VAle: , 1991, and CITY through its Council signing by and through its H IH.t {)ie....J authorized to execute same by Council action on the dS Tit- day of JuN6 ,1991, 5 8 8 INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF CLERMONT FOR THE APPLICATION AND USE OF THE 1991-1992 SOLID WASTE MANAGEMENT TRUST FUND RECYCUNG AND EDUCATION GRANT ATTEST: ø LAKE COUNTY, FLORIDA, through its BOARD OF COUNTY COMMISSIONERS .. ~...~.l ~ ~~ Donald B, Bailey, Chairman J This dß day of ~, 19~¡ fCQ... James C, t 'ns, rk of the Board of County Commissioners of Lake County, Florida This 2 ~ day of .j:J"'€ , 19~ Approved as to form and legality by the County Attorney for Lake County, Florida, 201 W, Main S1. Tav 5es, Florida (9 4) 343-9781 , ~ Annette Star Lustgarten County Attorney ~~~ c} ~ Authorized Representative This ...2.5..th... day of June , 19-2] Approved as to form and legality: ~ --------------~ City Attorney 6