City/County Solid Waste Agreement 2002/2005 Recycling
INTERLOCAL AGREEMENT
THIS AGREEMENT entered into this 12 day of September, 2002,by and between the
Board of County Commissioners of Okeechobee County, Florida (hereinafter referred to as the
"COUNTY") and the City of Okeechobee (hereinafter referred to as the "CITY") and
WHEREAS,the Solid Waste Management Act of 1988 as codified by Part IV of Chapter
403, Florida Statutes, (hereinafter referred to as the "Act"),places responsibility upon counties to
provide for the operation of solid waste disposal facilities to meet the needs of all incorporated an
unincorporated areas of the county; and
WHEREAS, the Act further 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 the CITY and COUNTY have for some years jointly participated in a solid
waste recycling and education program (hereinafter referred to as the "Program") with grant
assistance from the Solid Waste Management Trust Fund; and
WHEREAS, it is in the best interests of the residents of the CITY and COUNTY to
continue to jointly participate in the Program as well as continue to apply for assistance grants
which in turn make continuation of the Program possible; and
WHEREAS,it is the desire of the CITY that the COUNTY continue to apply for available
recycling and education incentive grants to the benefit of all residents of the CITY and COUNTY.
NOW, THEREFORE, in consideration of the premises and of the terms, conditions and
covenants herein contained, it is agreed by and between the parties hereto, 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,
2005.The agreement may be terminated in writing by either party at least sixty(60)
days prior to the end of any grant year which terminates on the 30`h day of
September each year.
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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 by the COUNTY 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. The COUNTY shall continue to administer the Program during the term of this
Agreement provided anticipated grant funding continues.
6. From the anticipated grant funds, the Program shall provide weekly curbside
collection of recyclable materials for 1,500 homes/units located within the city
limits. The current cost to the COUNTY of this collection is $1.90 per unit per
month. Should the grant award be reduced or the cost of collection be increased,
the CITY shall have the option to either reduce the number of units collected or
reimburse the COUNTY for its pro-rata share of the deficiency not reimbursed by
the grant.
7. The continuing 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
state mandated reduction goals.
8. The recycling program shall also continue to include a public education program
to promote recycling, participation in the established recycling programs, volume
reduction, and proper methods of waste disposal in accordance with rule 62-716,
F.A.C..
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 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,
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
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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 this Agreement of the Act,the COUNTY agrees to timely and
properly comply with all operating and reporting requirements of the grant.
10. Obligations. Obligations under this Agreement are not an indebtedness of the
COUNTY or CITY. The respective obligations of each party hereto under this
Agreement shall not be an indebtedness within the meaning of any constitutional,
statutory,charter or ordinance provision or limitation of any party hereto. Neither of
the parties hereto are obligated to pay or cause to be paid any amounts due under this
Agreement except in the manner provided herein,and the faith and credit of any party
hereto is not pledged to the payment of any amount due under this Agreement. This
Agreement shall not require any party hereto to levy or pledge any taxes whatsoever
for the payment of any amount due under this Agreement.
11. Relationship of the Parties. Except as set forth herein, neither party to this
Agreement shall have any responsibility whatsoever with respect to services provided
or contractual obligations assumed by the other party and nothing in this Agreement
shall be deemed to constitute any party a partner,agent or local representative of the
other party, or to create any type of fiduciary responsibility or relationship of any
kind whatsoever between the parties.
12. Notices. All notices, consents, or other communications required, permitted or
otherwise delivered under this Agreement, except correspondence and transmittals
relating to specific development orders and permits, shall be in writing and shall be
delivered either by hand with proof of delivery or certified mail, return receipt
requested, postage prepaid, to the parties at the addresses indicated below:
As to County: County Administrator
Okeechobee County, Florida
304 N.W. 2nd Street, Suite 106
Okeechobee, Florida 34972
With copy to: John D. Cassels, Jr., Esquire
County Attorney
400 N.W. 2nd Street
Okeechobee, Florida 34972
As to City: City Administrator
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Florida 34972
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With copy to: John R. Cook, Esquire
City Attorney
805 SW Park Street
Okeechobee, Florida 34972
13. Changes in the respective addresses of the parties may be made from time to time by
either party by notice to the other party given by mail. Notices given in accordance
with this section shall be deemed to have been given five (5) business days after the
date of mailing; notices and consents given by any other means shall be deemed to
have been given when received.
14. Incorporation of Agreements. This document supersedes all prior negotiations,
correspondence,conversations,agreements,or understandings applicable to the matters
contained herein. Accordingly, it is agreed that no deviation from the terms of hereof
shall be predicated upon any prior representations or agreements,whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions herein shall be effective unless contained in a written document executed by
the governing bodies of the parties and filed with the Clerk of the Circuit Court of
Okeechobee County.
15. Severability. In the event that any provision of this Agreement shall, for any reason, be
determined to be invalid, illegal or unenforceable in any respect,the parties hereto shall
negotiate in good faith and agree as to such amendments,modifications or supplements
of or to this Agreement or such other appropriate actions as shall,to the maximum extent
practicable in light of such determination,implement and give effect to the intentions of
the parties as reflected herein, and the other provisions of this Agreement shall, as so
amended,modified or supplemented or otherwise affected by such action,remain in full
force and effect.
IN WITNESS WHEREOF, the Board of County Commissioners of Okeechobee County,
Florida has caused this Agreement to be executed as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
.�•IA
By: �L. ,• .
CLIF B TS, JR.,CH• AN
AT . T:
■ ,l 1 1 a It (SEAL)
Sharon Robertson, Clerk,
Board of County Commissioners
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APPROVED AS TO FORM AND
CORRECTNESS:
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4004.1 TY ATTORNEY
IN WITNESS WHEREOF,the City Council of the City of Okeechobee, Florida, has caused
this Agreement to be executed as of the date first above written.
CITY OF OKEECHOBEE, FLORIDA
0 By: .z '
pS E. KIRK, MAYOR
ATTEST:
(CORPORATE SEAL)
`�i s
- . --
.,.
BO NN E S. THOMAS, CMC, CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
--Tat\
By:
CITY ATTORNEY
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