City/County Solid Waste Agreement 1994/1997 INTERLOCAL AGREEMENT
This agreement, entered into this 1st day of October , 1994,`oy and between the
City of Okeechobee (hereinafter referred to as the "CITY") and the Board of County
Commissioners of Okeechobee 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 (30%) by
the end of 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 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 recycling 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, municipalities with populations of less than 50,000 may not apply for
grants individually, but may apply for incentive portions of recycling and education grants
jointly with counties; and
WHEREAS, in order to apply 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 the Florida Department of
Environmental Protection (hereinafter referred to at "FDEP") must include copies of the
interlocal agreements between the County and participating municipalities; and
WHEREAS, the participation and cooperation of the CITY and the COUNTY is
essential to the successful award of the state incentive grant and the development and
implementation of a successful recycling and education program in Okeechobee County;
and
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WHEREAS, it is the desire of the CITY that the COUNTY apply to FDEP on behalf
of the CITY 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 Okeechobee County and shall remain in effect until September 30, 1997. The
agreement 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 not less than thirty (30) days
prior to September 1st, in any year.
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 Section 403.7095(6) Florida Statutes; (b) develop a recycling program to
be implemented within the COUNTY and CITY; and (c) prepare the COUNTY'S annual
report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes.
3. The COUNTY shall submit the incentive grant applications to FDEP on behalf of the
COUNTY and the CITY during the period covered by this Agreement and by the
application deadlines to be established by FDEP.
4. The COUNTY'shall, by October 1, 1994, and each year thereafter, report to FDEP the
COUNTY'S annual solid waste management and recycling activities for the duration of the
period covered by this Agreement.
5. The COUNTY shall distribute the incentive grant monies awarded by FDEP 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 Section 186.901 Florida Statutes.
6. The solid waste recycling and education grants provided to the COUNTY and CITY by
FDEP may be used for any of the following purposes:
a. Capital cost, if justified to and approved by FDEP;
b. Temporary operation of subsidies for recycling paper, glass, plastic, construction
and demolition debris, white goods, and metals;
c. Composting organic materials;
d. Promotion of recycling,volume reduction,and proper disposal,including education
of the general public and school children regarding recycling; and
e. Market development for recyclable materials.
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7. The CITY shall provide a written account of expenditures from the grant award used for
implementation of the recycling program within the CITY. Documentation of expenses is
required in sufficient detail to meet the requirements placed on the COUNTY by FDEP for
the grant award.
8. 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
the end of 1994.
9. The recycling program shall also include a public education program to promote recycling,
participation in the established recycling programs, volume reduction and property disposal
of waste.
10. The COUNTY and the CITY shall be responsible for the costs and expenses incurred in
the implementation of the recyclable materials collection program within their respective
jurisdictions.
11. 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 furtherance of the
ACT and applied for and receive pursuant to the Agreement. To the fullest extent permitted
by law the COUNTY and the CITY each agree to indemnify the other party of any errors
omissions, negligence, malfeasance, misfeasance,or nonfeasance, including the payment
of any joint recycling programs, implemented pursuant to this Agreement or any actions
by either party hereunder in regard to application, implementation, and operation of any
grant program made by the COUNTY to FDEP or any other governmental entity in
furtherance of this agreement. As "grantee" for similar status under any grant secured
pursuant to the Agreement of the ACT, the COUNTY agrees to timely and properly comply
with all operating and reporting requirements of the grant.
12. Any notice that may be extended by one party to the other pursuant to or as a result of this
Agreement shall be extended by regular, first class, United States mail, postage prepaid
or by hand delivery as follows:
To the CITY: City Administrator
55 Southeast 3rd Avenue
Okeechobee, Florida 34974
To the County: Assistant County Administrator
304 Northwest 2nd Street
Okeechobee, Florida 34972
Any party to this Agreement may unilaterally redesignate the address of or person to whom
notice is to be directed by giving notice to all other parties hereto.
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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.
CITY OF OKEECHOBEE
OKEECHOBEE COUNTY, FLORIDA
/ James E. Kirk, Mayor
ATTEST:
Date /4-//-9 v
Bonnie S. Thomas, CMC
City Clerk
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
By: ge
harles W. Harvey, Chairman
ATTEST: Date 1045 -CI4
. ./01. )40, a /c4
Gloria J. Ford)
County Clerk of Court
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