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HomeMy WebLinkAboutSolid Waste Recycling 1989 INTERLOCAL AGREEMENT MICROFILMED JUNE 89 This Agreement, entered into this 17th day of January , 198-9, by and between the City of Cape Canaveral (hereinafter referred to as the CITY) and the Board of County Commissioners of Brevard County, Florida (hereinafter referred to as the COUNTY). WHEREAS, the statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act ") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the Act requires counties to develop and implement recycling programs within their jurisdictions to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities; and i WHEREAS, the Act requires that said recycling programs be initiated by July 1, 1989; and WHEREAS, the Act encourages counties and municipalities to form cooperative arrangements for implementing solid waste recy- cling and education programs; and ) WHEREAS, the Act created the Solid Waste Management Trust Fund to provide incentive grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and education programs; and i . WHEREAS, no local government match is required for these incentive grants if the municipalities representing seventy -five 1 percent (75 %) of the incorporated population of the County apply jointly with the County, to the Florida Department of Environmen- 1 tal Regulation (FDER), for these incentive grants; and WHEREAS, in order to apply jointly.for the incentive grants agreements that determine how the grant funds, if awarded, shall . be used; and WHEREAS, grant applications submitted to FDER must include 1 1 copies of the interlocal agreements between the County and par - ticipating municipalities. WHEREAS, the participation and cooperation of the City of Cape Canaveraland the COUNTY is essential to the successful award of a state incentive grant and the development and implementation of a successful recycling and education program in Brevard Coun- 1 ty; and . WHEREAS, it is the desire of the City of ezpe Canavpralthat the COUNTY apply to FDER on behalf of the City Council • and the 1 1 • 1 MICROFILMED JUNE 89 ' residents of the City and the unincorporated area of the County 4 for available recycling and education incentive grants. NOW THEREFORE, the COUNTY and the CITY hereto mutually agree as follows: 1. This Agreement shall be effective from the date it is filed 4 with the Clerk of the Circuit Court of Brevard County and shall remain in effect until September 30, 1994. The Agree- ment may be terminated in writing by either party after the 3 first grant year. Notice of said termination shall be given in writing to the other party prior to September 1, 1989. 2. The CITY shall cooperate with the COUNTY to the fullest extent practical in providing information necessary to (a) complete the grant applications in accordance with the requirements of s. 403.7095(6) F.S.; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the COUNTY's annual report to FDER on recycling activities as required by s.403.706(7) F.S. 1 3. The COUNTY shall submit the incentive grant applications to FDER on behalf of the COUNTY and the CITY during the period covered by this Agreement and by the application deadlines to be established by FDER. 4. The COUNTY shall, by October 1, 1989, and each year thereaf- ter, report to FDER the COUNTY's annual solid waste manage - ment and recycling activities for the duration of the period covered by this Agreement. 5. The COUNTY shall distribute the incentive grant monies awarded by FDER to the COUNTY and CITY based on their pro rata share of these monies. According to the Act, the total incentive grant amount available to the CITY will be determined by dividing the available state funds by the total population of all eligible applicants, and multiplying this amount by the population of the CITY, Population ....� - j "t�' U" f"' e25�a- r^ e- +- d�t o- m�...t.h.e.w.m ©.st.,...d^.,e.�y�.�Lt+ara . census in accordance with s. 186.901 F.S. 6. Grants awarded to the COUNTY by FDER shall be forwarded to the CITY within thirty (30) days of receipt. 7. The solid waste recycling and education grants provided to the COUNTY and CITY by FDER may be used for any of the following purposes: a. Capital costs, if justified to and approved by FDER; b. Temporary operation of subsidies for recycling paper, glass, plastic, construction and demolition debris, white goods, and metals; c. Composting organic materials; i 2 • MICROFILMED JUNE 89 d. Promotion of recycling, volume reduction, and proper disposal; and e. Market development for recyclable materials. 1 / 8. The CITY shall provide a written account of expenditures from the grant award used for implementation of the recy- cling program within the CITY. Documentation of expenses is 1 required in sufficient detail to meet the requirements 1 placed on the COUNTY by FDER for the grant award. 1 9. The recyclable materials collection program shall be de- veloped by the COUNTY in consultation with the CITY and 1 presented to the Board of County Commissioners and City (Council /VO r�#Q_ of Cape Canaveral by their their 1 respective staff for approval prior to September 1, 1989. 1 10. The goal of the recycling program designed and implemented by the COUNTY and CITY shall be to provide for sufficient reduction ;of the amount of municipal solid waste being A disposed of at the solid waste facilities in order to meet the state's 30% reduction goal by 1994. 11. The recycling program shall also include a public education program to promote recycling, participation in the estab- lished recycling programs, volume reduction, and proper disposal of waste. 1 i 12. The COUNTY. and the CITY shall be responsible for the costs and expenses incurred in the implementation of the recycla- ble materials collection program within their respective 1 jurisdictions. '13. Provided that the CITY shall have received all grant distri- butions in a timely and proper manner to which it may be i entitled pursuant to Paragraph 5 hereunder, to the fullest I extent permitted by law, the COUNTY and the CITY each agree _. , -. .,...,,.. --.t o,, k o l,d—ea c.h..._o tb,e_ ,1 s,,s.,..,_a,s t 4 the full . and faithful performance of this Agreement, the application, deco , 1 implementation, and operation of any grant program in fur - therance of the Act and applied for and receive pursuant to this Agreement. To the fullest extent permitted by law the 1 COUNTY and the CITY each agree to indemnify the other party for any errors, omission, negligence, malfeasance, misfea- 1 sauce, or nonfeasance, including the payment of any courts costs and attorneys fees, incurred as a result of any joint 1 recycling programs implemented pursuant to this Agreement or any actions by either party hereunder in regard to applica- tion, implementation, and operation of any grant program made by the COUNTY to FDER or any other governmental entity i in furtherance of this Agreement. As "grantee" for similar status under any grant secured pursuant to this Agreement of the Act, the COUNTY agrees to timely and properly comply with all operating 2nd reporting requirements of the grant. 1 3 1 i 1 MICROFILMED JUNE .89 14. Upon receipt by the COUNTY of any information, directives, grant operating procedures, other correspondence concerning any grant applied for pursuant to this Agreement or in furtherance of this Agreement, the COUNTY shall within ten (10) working days forward copies thereof to the CITY in the 1 manner provided for notice in this Agreement. Likewise, the COUNTY shall in the manner provided for notice in this Agreement afford to the CITY thirty (30) days notice of the need for the CITY to provide any responses, reports, or accounting required of the CITY pursuant to this Agreement (or grant or contract) obtained as a direct or indirect result of this Agreement. Periodic notices shall be given to the CITY by the COUNTY in the manner provided for notice hereunder of any required periodic reports or accountings (e.g. weekly, monthly, quarterly, semi - annually) of opera tions due to the COUNTY or any other governmental entity. All notices shall include any requirements as to the form in 1 which information is to be presented and substantive content 1 of such information. i 15. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall be ex- : tended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: To the CITY: Mr. Leo C. Nicholas City Manager P.O. Box 326 Cape Canaveral, FL 32920 1 5 To the COUNTY Mr. Chuck Stiffler Utility Services Department, Director 255 Sykes Creek Parkway 1 Merritt Island, FL 32953 Any party to this Agreement may unilaterally redesignate the I address of or person to whom notice is to be directed by 1 gving_notice_to_ all other parties hereto. 1 • 1 1 9 5 i i i 1 i 1 4 1 , . MICROFILMED JUNE '89 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST: CITY OF Cape Canaveral ' COUNTY OF BREVARD, FLORIDA ____ B y : •L... k< 1, n i ty Clerk !ayir Date Nnvemhar 15, 1988 1 ATTEST: BOARD OF COUNTY COMMISSIONERS 5 , BREVARD COUNTY, FLORIDA 1 , - < <<_ % /... -== By: e (L) �C . R.C. Winstead, Jr., perk Rogei . Dobson, .Chairman / Date F17 4 i 4 3 7 9 3 1 } 1 i i ' 4 R 5 i 1 I 3 I v f 1 I i 1 1 i { 5 1