City/County Solid Waste Agreement1997/1999 INTERLOCAL AGREEMENT
This agreement, entered into this 1st day of October, 1997,‘by 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 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 as "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, 1999. 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 of each year,report to FDEP the COUNTY's annual solid
waste management and recycling activities for the duration of the period covered by this
Agreement.
5. As long as Grant funding is available to the County, the County will continue to administer
the Curbside Recycling Program within the City. In lieu of disbursement of grant funds to
the City pursuant to Section 403.706(7) Florida Statutes, County shall continue to contract
for recycling services within the City to the extent set forth herein and will continue to
administer any contracts related hereto as follows:
1,500 homes X 2.65 per unit = $3,975.00 per month
X 3 months = $11,925.00 per quarter
$11,925 X 4 quarters = $47,700.00 per year
6. The Solid Waste Recycling and Education Grant provided to the County and City by FDEP
will continue to pay for the Curbside Collection Program within the City and County.
The County will also continue to promote recycling,volume reduction, and proper disposal,
including education of the general public and school children regarding recycling, according
to the Solid Waste Grants Program Rule 62-716.
7. 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.
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8. The recycling program shall also include a public education program to promote recycling,
participation in the established recycling programs,volume reduction and proper disposal of
waste.
9. 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.
10. 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: 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
4IP
rmes E. Kirk, Mayor
Date )4o/97
ATTEST:
d
Bonnie S. Thomas, CMC
City Clerk
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
A /
BY: ( - :►
Clif efts, Jr., ' 'rman
Date 8/281Q1
EST: Reviewed For Legal
Sufficiency
IIPTA-A I A / _ i 1997
Sh.ron Robertson
County Clerk of Court OKEECHOBEE COUNTY ATTORNEY