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HomeMy WebLinkAboutResolution No. 1988-63 MICROFILMED JUNE 89 RESOLUTION NO. 88-63 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA ENTERING INTO AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY, FLORIDA, FOR THE SOLID WASTE RECYCLING PROGRAM ; PROVIDING AN EFFECTIVE DATE. WHEREAS , it is the desire of the City of Cape Canaveral to comply with the Solid Waste Management Act of 1988; and WHEREAS, the Act encourages counties and municipalities to IId form cooperative arrangements for implementing solid waste recycling and education programs; NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: , SECTION 1. The City of Cape Canaveral , Florida does hereby \ adopt the Interlocal Agreement with the Brevard County Commis- ." t - sioners for the Solid Waste Recycling Program. SECTION 2 . The Mayor and City Clerk are hereby authorized to execute said Agreement, a copy of which is attached hereto and made a part hereof by reference. SECTION 3 . This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of November , 1988. 1111..... -j , 4, .dArl._.� MayW A ii;i c ATTEST: 1 0111 :'i plat y (7e_e_e_4_Lx_, 1 7, NAME YES NO C . y Clerk KIDD X _ MILLER X Approved as to Form: 4 RANDELS X SALAMONE X ♦ 4 1 y Att. ney INTERLOCAL AGREEMENT This Agreement, entered into this 17th day of January , 198 9, by and between the City of Cape ra.,roral (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 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 , WHEREAS, nolocal government match is required for these incentive grants if the municipalities representing seventy-five percent (75%) of the incorporated population of the County apply jointly with the County, to the Florida Department of Environmen- tal Regulation (FDER), for these incentive grants; and WHEREAS, in order to apply jointly for the incentive grants the County and the municipalities must enter into interlocal agreements that determine how the grant funds, if awarded, shall be used; and WHEREAS, grant applications submitted to FDER must include 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- ty; and WHEREAS, it is the desire of the City ofr=perA,v,w,-aithat the COUNTY apply to FDER on behalf of the .City rr,,v,J I and the residents of the City and the unincorporated area of the County 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 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 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. 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'sannual solid waste manage- ment and recycling activities for the duration of the period covered by this Agreement. 1 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 figures are determined from the most recent population census in accordance with s. 186.901 F.S. 5. 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; 2 d. Promotion of recycling, volume reduction, and proper disposal; and e. Market development for recyclable materials. 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 required in sufficient detail to meet the requirements placed on the COUNTY by FDER for the grant award. 9. The recyclable materials collection program shall be de- veloped by the COUNTY in consultation with the CITY and presented to the Board of County Commissioners and City ,{Counci 1 /tett peMpgR!199 of Cane Canaveral by their their respective staff for approval prior to September 1, 1989. 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 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. 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 jurisdictions. 13. Provided that the CITY shall have received all grant distri- butions in a timely and proper manner to which it may be entitled pursuant to Paragraph 5 hereunder, to the fullest extent permitted by law, the COUNTY and the CITY each agree to hold each other harmless as to the full and faithful performance of this Agreement, the application, development, 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 COUNTY and .the CITY each agree to indemnify the other party .for any errors, omission, negligence, malfeasance, misfea- sance, or nonfeasance, including the payment of any courts costs and attorneys fees, incurred as a result of any joint 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 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. 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 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 which information is to be presented and substantive content of such information. 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:'• Leo C. Nicholas ty Manager P.O. Box 326 cape Canaveral FL 32920 To the COUNTY utilityvices cSereDepartment, Director 255 Sykes .Creek Parkway Merritt Island, FL 32953 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 111_ _ By : ras... - ir ty Clerk /ay$r Date Ncwpmher 15 , 1988 ATTEST : BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA By : i s 1 0 Jo R . C . Winstead , Jr . , /lerk Roger W. Dobson, Chairman Date /—/ 7-19 5