HomeMy WebLinkAbout1273-Sem Co Solid Waste Mgmt
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SEMINOLE COUNTY AND CITY OF SANFORD
SOLID WASTE MANAGEMENT AGREEMENT
THIS
AGREEMENT, made and entered into this ~
day of
..Ju 1,/
,
2009, by and between SEMINOLE COUNTY,
a political
subdivision of the State of Florida, whose address is seminole County
Services Building, 1101 East First Street, Sanford, Florida 32771,
hereinafter referred to as "COUNTY", and the CITY OF SANFORD, a
Florida municipal corporation, whose address is 300 North Park Avenue,
Sanford, Florida 32771, hereinafter referred to as "CITY".
WIT N E SSE T H:
WHEREAS, Chapter 403, Part IV, Florida Statutes, delegates the
responsibility for providing solid waste disposal facilities to
counties; and
WHEREAS, landfilling is the primary method of solid waste
disposal in Seminole County, Florida; and
WHEREAS, on September 28, 1994, the COUNTY and CITY entered into
a Solid Waste Management Interlocal Agreement and the parties now
desire to terminate said Interlocal Agreement and enter into a new
agreement which shall wholly and completely supersede said lnterlocal
Agreement; and
WHEREAS, the CITY provides for collection and disposal of solid
waste from the residents and businesses located within its geographic
boundaries and the CITY recognizes the need for safe and sanitary
processing and disposal of solid waste; and
WHEREAS, the CITY desires to participate in a coordinated County-
wide program for the management of solid waste and control of solid
seminole County and City of Sanford
Solid Waste Management Agreement
page 1 of 21
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waste processing and disposal in compliance with Federal, State and
local regulations to prevent, control and abate air, water and ground
pollutionj and
WHEREAS, the CITY and the COUNTY recognize the need to plan and
develop an adequate solid waste system to benefit all residents of Se-
minole County, Floridaj and
WHEREAS, the CITY and the COUNTY recognize the importance of
environmentally responsible solid waste disposal capacity; and
WHEREAS, the CITY recognizes that the COUNTY's infrastructure
provides for the construction, operation, repair and maintenance of
COUNTY solid waste disposal facilities, and that this infrastructure
was established, and is available, for the use and betterment of all
municipalities within the COUNTY; an~
WHEREAS, the CITY recognizes that the cost of existing disposal
infrastructure is solely supported by the COUNTY's Solid Waste
Management Division revenueSj and
WHEREAS, Chapter 403, Part IV, Florida Statutes, encourages
counties to enter into interlocal agreements with municipalities for
cooperative solid waste management, including establishing recycling
programs and pursue recycling activities to reduce the impact of solid
waste disposal on landfills; and
WHEREAS, the CITY desires to cooperate with the COUNTY toward
~
achievement and maintenance of the State of Florida's recycling goal
and compliance with Chapter 403, Part IV, Florida Statutes,
NOW, THEREFORE, in consideration of the mutual covenants and
promises by and between the parties hereto, and for the mutual benefit
Seminole County and City of Sanford
Solid Waste Management Agreement
page 2 of 21
of the CITY and COUNTY and their respective citizens, the parties
agree, as follows:
SECTION l.
RECITALS.
The above recitals are true and correct
and form a material part of this Agreement upon which the parties have
relied.
SECTION 2. DEFINITIONS. The following definitions apply to this
Agreement:
(a)
Agreement:
Shall mean this written document and all
amendments to it.
(b) Biological Waste: Shall mean any solid waste that causes or
has the capability of causing disease or infection and includes bio-
medical waste, animals which died from disease, and other wastes capa-
ble of transmitting pathogens to hu~ans or animals.
(c) Biomedical Waste: Shall' <mean any solid waste or liquid
waste which may present a threat of infection to humans.
The term
includes, but is not limited to, non-liquid human tissue and body
parts; laboratory and veterinary waste which contain human-disease-
causing agents; discarded disposable sharps; human blood, human blood
products and body fluids; and other materials which in the opinion of
the State of Florida Department of Health represents a significant
risk of infection to persons outside the generating facility.
(d) Bulky Waste: Shall mean any item whose large size or weight
precludes
or
complicates
its
handling
by
normal
collection,
processing, or disposal methods.
(e) CITY: Shall mean the City of Sanford.
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 3 of 21
(f) Contractor: Shall mean any person, firm or company that has
entered or will enter into an agreement with the COUNTY or CITY for
solid waste,
recycling,
or yard waste collection and disposal
services.
( g)
construction and Demolition Debris
(C&D) :
Shall mean
discarded materials generally considered to be non-water soluble and
non-hazardous in nature including, but not limited to, steel, glass,
brick, concrete, asphalt material, pipe, gypsum wallboard and lumber
from the construction or destruction of a structure as part of a
construction or demolition project.
The term includes rocks, soils,
tree remains, trees, and other vegetative matter which normally
results from land clearing or land development operations for a
constructions project and clean caJ::'dboard, paper, plastic, wood, or
metal scraps from a construction project.
(h) COUNTY: Shall mean Seminole County, Florida, a political
subdivision of the State of Florida.
(i) Designated Facility: Shall mean the disposal facility(ies)
designated by the COUNTY for receiving solid waste, yard waste, white
goods, bulky waste or residential recyclable material under this
Agreement within the solid waste management system.
The Designated
Facilities pursuant to this Agreement are specified in Exhibit "A",
attached hereto and incorporated herein.
(j) Disposal Fees: Shall mean the rates charged for disposal or
processing of items at the Designated Facilities. The Disposal Fees
pursuant to this Agreement are specified in Exhibit "B", attached he-
reto and incorporated herein.
Seminole County and City of Sanford
Solid Waste Management Agreement
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(k) Garbage: Shall mean all kitchen and table food waste and
animal or vegetative waste that is attendant with or results from the
storage, preparation, cooking, or handling of food materials.
(1) Hazardous Waste: Shall mean solid waste which, because of
its quantity,
concentration or physical,
chemical or infectious
characteristics,
may cause,
or significantly contribute to,
an
increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly
transported, disposed of, stored, treated or otherwise managed.
(m) Household Waste: Shall mean any solid waste, including
garbage, trash and sanitary waste in septic tanks, derived from
households including,
but not limited to,
single and multiple
residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day use recreation areas.
(n) Municipal Customer: Shall mean a municipality that collects
refuse and delivers the collected refuse in collection vehicles to a
COUNTY facility, or a municipality that contracts for the collection
of refuse and contracts with its contractor to deliver the collected
refuse in collection vehicles to a COUNTY facility.
(0) Recyclable Material: Shall mean material capable of being
recycled under the COUNTY's Recycling Program and which would
otherwise be processed or disposed of as solid waste.
Recyclable
Material
includes newspapers
(including inserts),
magazines and
catalogs, clear, green and brown glass bottles and jars, plastic
bottles (Nos. 1-7), aluminum and steel cans (including empty aerosol
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 5 of 21
cans)
which
are
collected
from
curbside
recycling
programs.
Recyclable
Material
also
includes
telephone
books,
corrugated
cardboard, brown paper grocery bags and pasteboard, including but not
limited to, cereal, soda and tissue boxes.
(p) Resident: Shall mean a person whose domicile is within the
boundaries of the CITY or the unincorporated COUNTY.
(q) Residential Waste: Household refuse generated from the
domestic activities of a resident's domicile.
Residential waste does
not include refuse generated from commercial activities in a domicile
or commercial waste brought to a domicile.
(r) Recycling: Shall mean any process by which solid waste, or
materials which would have otherwise become
solid waste,
are
collected, separated or processed apd reused or returned to use in the
form of raw materials or products.
(s)
Solid Waste:
Shall mean sludge unregulated under the
Federal Clean Water Act or Federal Clean Air Act; sludge from a waste
treatment works, water supply treatment plant or air pollution control
facility; or garbage,
rubbish, refuse,
special waste, or other
discarded material including solid, liquid or semi-solid, or contained
gaseous material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations.
(t) Special Waste: Shall mean those wastes requiring special
handling and management including, but not limited to, white goods,
waste tires I
used oil,
lead acid batteries,
construction and
demolition debris, ash residue, yard waste, biological wastes, and
mercury containing devices or lamps.
Seminole County and City of Sanford
Solid Waste Management Agreement
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(u)
White
Goods:
Shall
mean
inoperative
and
discarded
refrigerators, ranges, washers, water heaters, freezers and other
similar domestic and commercial large appliances.
(v) Yard Waste: Shall mean vegetative matter resulting from
landscaping maintenance or land clearing operations and includes
materials such as tree and shrub trimmings, grass clippings, palm
fronds, trees and tree stumps.
SECTION 3. COUNTY RESPONSIBILITIES.
(a) The COUNTY agrees to maintain its disposal facilities to
ensure adequate capacity for all of the CITY's solid waste disposal
and to operate in accordance with all applicable local, State and
Federal environmental regulations.
(b) The COUNTY agrees to make its disposal facilities available
to the CITY, the residents of the;CITY, and the CITY's residential and
commercial collection contractor(s) for the Disposal Fees specified in
Exhibit "BY at the Designated Facilities for solid waste, yard waste
and recyclable material generated from residential and commercial
sources.
In the unlikely event the Designed Facilities are unable to
recei ve material, the COUNTY and CITY mutually agree to temporarily
direct disposal to a mutually agreed upon facility.
(c) The COUNTY agrees to charge the CITY the lowest Disposal
Fees charged to any Customer.
(d) The COUNTY may increase or decrease these fees at any time
with ninety (90) days written notice to the CITY as set forth herein.
The COUNTY agrees to maintain reasonable Disposal Fees as set by the
Board of County Commissioners and established by resolution. Fee
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 7 of 21
increases or decreases shall be consistent with the reasonable costs
required to operate and maintain the COUNTY's solid waste management
system, giving consideration to the following:
(1) The initial Disposal Fee schedule shall remain in
effect until September 30, 2009.
On October 1, 2009, and annually
thereafter, as established by resolution of the Board of County
Commissioners I the COUNTY may increase or decrease disposal charges
and recycling processing charges by a rate equal to the increase or
decrease in the Consumer Price Index - All Urban Consumers (CPI-U).
The County shall provide to the City a written explanation with ninety
{90} days written notice, of any CPI-U fee increase or decrease. If
the CITY chooses not to accept the CPI-U fee increase or decrease
proposed by the COUNTY, the CITY may terminate this Agreement with
ninety (90) days written notice to the COUNTY.
Subsequent rate
determination periods shall be from the date the most recent rate was
set to the date the new fee schedule is proposed.
CPI price increases
or decreases will take effect on or after October 1 annually; and
(2 )
Disposal
Fee
increases
or
decreases
directly
attributable to changes in law including mandates imposed by Federal
and State regulatory agencies shall not be limited by the CPI. The
COUNTY shall promptly notify the CITY of any impending or anticipated
increases or decreases directly attributable to changes in law,
incl uding mandates.
The COUNTY shall provide to the CITY a written
explanation of the fee increase or decrease attributable to a change
in law.
The increase or decrease in the Disposal Fee shall take
effect after the COUNTY gives ninety (90) days written notice to the
Seminole County and city of Sanford
Solid waste Management Agreement
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CITY that said increase or decrease is required.
If the CITY chooses
not to accept the Disposal Fee increase or decrease proposed by the
COUNTY, the CITY may terminate this Agreement with ninety (90) days
written notice to the COUNTY; and
(3) The COUNTY may initiate non-CPI Disposal Fee increases
or decreases beyond the CPI for reasons other than changes in law.
The COUNTY shall provide to the CITY a written explanation of any non-
CPI Disposal Fee increase or decrease proposed by the COUNTY.
If the
CITY chooses not to accept the non-CPI Disposal Fee increase proposed
by the COUNTY, the CITY may terminate this Agreement with ninety (90)
days written notice to the COUNTY.
(e) The COUNTY agrees to pay CITY Environmental Administrative
and Recycling Shares for commercial solid waste and ,residential solid
waste, yard waste and recyclable materials, respectively as set forth
in Exhibit "B".
Payment shall be tendered to CITY within thirty (30)
days of receipt of said Shares by the COUNTY.
(f) The COUNTY agrees to maintain and provide services to the
CITY as outlined herein:
(1) Tire Amnesty Days, held periodically each year at the
Designated Facilities, at which there shall be no charge to CITY
residents for the disposal of tires generated from their residential
property.
(2) Household Hazardous Waste Disposal. There shall be no
charge to CITY residents for the disposal of household hazardous waste
generated from their residential property when delivered to the
Designated Facilities.
Seminole County and City of Sanford
Solid Waste Management Agreement
page 9 of 21
(3) Household Hazardous Waste Amnesty Day(s), held in
various locations, at which there shall be no charge to CITY residents
for the disposal of hazardous waste generated from their residential
property.
(4) Used Oil Collection Centers, at which there shall be
no charge to CITY residents for the disposal of used motor oil
generated from their residential property.
(5) Sharps Disposal Program, at which there shall be no
charge to CITY residents requiring the use of medical sharps, needles
or lancets, for sharps containers and the disposal of the sharps
generated from their personal use.
The Sharps Disposal containers
shall be available at fire stations, Health Department locations, and
the Designated Facilities.
(6) Inspections shall be provided to businesses generating
small quantities of hazardous waste at no charge to the business owner
in compliance with Section 403.7225(11), Florida Statutes.
These
inspections shall assess, notify and verify potential and known
generators generating less than 2,200 pounds of hazardous waste in a
calendar month.
Section 403.7234, Florida Statutes, requires that
each county notify known and potential small quantity generators of
their
legal
responsibilities
regarding proper waste management
practices, and provide a list of available hazardous waste management
alternatives.
(7)
Hazardous Material Spill Response Coordination.
The
COUNTY's Environmental Compliance Assistance and Pollution Prevention
Programs (ECAP3) Team will be available to the CITY to provide
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 10 of 21
assistance and technical direction in responding to situations
involving hazardous material spills.
(8) Environmental education shall be provided to include,
but not be limited to,
hazardous waste,
pollution and litter
prevention, recycling and waste reduction at schools, special events,
Designated Facilities, businesses, civic and homeowner association
meetings.
(9) Environmental monitoring shall be provided to ensure
the Designated Facilities and solid waste management facilities remain
in compliance with all local, State and Federal regulations.
( 10) Envi ronmental
investigation
and
enforcement
cooperation shall be provided.
The COUNTY's ECAP3 Team will continue
to coordinate Environmental TaskForce meetings where local agencies
can coordinate on environmental crimes initiatives.
(11) Conditionally Exempt Small Quantity Generator Business
Collection Events, held periodically, at a Designated Facility or
various sites, at which the COUNTY shall extend its contracted
disposal rate for disposal of hazardous waste generated at business
(businesses must meet Federal and State regulations concerning
hazardous waste management and transport) .
(12) Disaster
Recovery.
The
COUNTY
shall
work
to
cooperatively respond with the CITY for the collection and management
of debris management during disaster recovery efforts.
The COUNTY's
contract for debris management is available for the CITY to "piggy-
back" a contract for services.
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 11 of 21
(13) Recycling Centers, at the Designated Facilities, shall
be available at no charge for CITY residents and businesses to deliver
recyclable materials generated from their residential or commercial
property.
(14) The COUNTY agrees to cooperate with the CITY on any
solid waste management grant programs.
(15) The COUNTY agrees to cooperate with the CITY to
provide all necessary information to the CITY to determine if the CITY
is meeting the State recycling goal and the requirements of Chapter
403, Part IV, Florida Statutes.
(16) The COUNTY agrees to cooperate with the CITY to
provide all necessary information to the CITY so that the COUNTY and
CITY can determine the quantity.. of the CITY's solid waste and
recyclable material being delivered to the Designated Facilities.
(17) The COUNTY agrees to meet at least annually with the
CITY at the staff level to discuss the status of this Agreement.
SECTION 4. CITY RESPONSIBILITIES.
(a) The CITY agrees that all commercial solid waste and
residential solid waste, yard waste and recyclable materials deemed
suitable for processing and disposal collected by or on behalf of the
CITY shall be disposed of at the Designated Facilities, as set forth
in Exhibit "All,
(b) The CITY agrees to cooperate with the COUNTY to provide all
necessary information to the COUNTY so that the CITY and the COUNTY
can determine the quantity of the CITY's solid waste and recyclable
material being delivered to the Designated Facilities.
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 12 of 21
(c) The CITY agrees to collect or enter into a collection
contract with a CITY contractor for residential recyclable materials
consistent with recyclables materials accepted and managed by the
COUNTY.
(d) The CITY agrees to ensure disposal of all commercial solid
waste and residential solid waste, yard waste and recyclable materials
at the Designated Facilities as set forth in Exhibit "A", by requiring
disposal through its existing solid waste, yard waste and recyclable
materials collection agreements I if any.
( e)
The CITY
agrees to
include
language directing that
commercial solid waste be disposed of at the Designated Facilities set
forth in Exhibit
"A"
in its commercial solid waste franchise
agreements I if any.
(f) The CITY agrees that as long as this Agreement is in effect
and, unless such activity constitutes a violation of any Federal anti-
trust law lit shall not construct I acquire I operate I or permit any
Solid Waste Management Facility, as defined by Rule 62-701.200 (118) I
Florida Administrative Code (F.A.C.), or its successorl except for any
existing facility that is currently permitted by the CITY and the
Florida Department of Environmental Protection as of the effective
date of this Agreement.
The CITY agrees that existing facilities, if
anYI shall be operated primarily as recycling facilities of solid
waste with only the transfer of residual or bypass materials allowed.
The CITY agrees to monitor and enforce this provision and further
agrees that existing facilities shall not be operated solely as
transfer stations.
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 13 of 21
(g) The CITY agrees to cooperate with the COUNTY to provide all
necessary information to the COUNTY to determine if the COUNTY is
meeting the State recycling goal and the requirements of Chapter 403,
Part IV, Florida Statutes.
(h) The CITY agrees to cooperate with the COUNTY on any solid
waste management grant programs.
(i) The CITY shall direct the CITY's contractor to operate
residential and commercial solid waste collection routes in a manner
that will ensure the delivery of discrete loads comprised solely of
CITY generated solid waste and yard waste to the Designated
Facilities.
The CITY and the CITY's contractor shall provide
sufficient truck and route information so that the COUNTY and the CITY
can track and monitor the quantity of residential and commercial solid
waste and residential yard waste delivered by the CITY or the CITY's
contractor to the Designated Facilities.
(j) The CITY or the CITY's contractor shall operate residential
recyclable collection routes in a manner that will ensure the delivery
of discrete loads comprised solely of residential recyclables to
COUNTY facilities.
The CITY or the CITY's contractor shall provide
sufficient truck and route information so that the COUNTY and the CITY
can track and monitor the quantity of residential recyclables
delivered by the CITY or the CITY's contractor to COUNTY facilities.
SECTION 5.
EFFECTIVE DATE.
This Agreement shall become effec-
tive on the date hereinabove and remain in full force and effect for
five (S) years and shall automatically be renewed annually thereafter
unless terminated earlier by either mutual agreement or by ninety {90}
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 14 of 21
days prior written notice provided, as set forth hereunder, by one
party to the other party on or before the annual renewal date.
SECTION 6. INDEMNIFICATION.
(a) Each party to this Agreement is responsible for all
personal injury and property damage attributable to the negligent acts
or omissions arising out of this Agreement of that party and the
officers, employees and agents thereof.
(b) The parties further agree that nothing contained herein
shall be construed or interpreted as denying to any party any remedy
or defense available to such parties under the laws of the State of
Florida, nor as a waiver of sovereign immunity of the parties beyond
the waiver provided for in Section 768.28, Florida Statutes, whether
sounding in tort or contract.
(c) The waiver of a provision herein by either party shall not
constitute the further continuing waiver of said provision or the
waiver of any other provision.
SECTION 7.
FORCE MAJEURE.
In the event that performance by the
COUNTY or CITY of any of their responsibilities under this Agreement
shall be interrupted, delayed, or prevented by an occurrence not
occasioned by the conduct of such party, whether such occurrence be an
act of God or any other occurrence whatsoever that is beyond the
reasonable control of such party including, but not limited to, a
change in environmental law or regulation rendering performance
impractical or impossible, then such party shall be excused from such
performance for such period of time as is reasonably necessary after
Seminole County and City of Sanford
Solid Waste Management Agreement
page 15 of 21
the occurrence to remedy the effects thereof,
or unt i 1 such
performance is no longer impractical or impossible.
SECTION 8. NOTICES. Whenever either party desires to give notice
unto the other, it must be given by written notice, sent by certified
United States mail, with return receipt requested, addressed to the
party for whom it is intended at the place last specified and the place
for giving of notice shall remain such until it shall have been changed
by written notice in compliance with the provisions of this Section.
For the present, the parties designate the following as the respective
places for giving of notice, to wit:
For COUNTY:
County Manager
Seminole County
1101 East First Street
Sanford, FL 32771
For CITY:
Director, Department of Public Works
City of Sanford
300 North Park Avenue
Sanford, FL 32771
With a copy to:
Solid Waste Manager
City of Sanford
300 North Park Avenue
Sanford, FL 32771
SECTION 9.
MODIFICATIONS, AMENDMENTS OR ALTERATIONS.
No
modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
Seminole County and City of sanford
Solid Waste Management Agreement
Page l6 of 2l
SECTION 10.
BINDING EFFECT.
This Agreement shall be binding
upon and inure to the benefit of the parties hereto and the successors
in interest, transferees and assigns of the parties.
SECTION 11. ASSIGNMENT. This Agreement shall not be assigned by
either party without the prior written approval of the other.
SECTION 12.
PUBLIC RECORDS LAW.
The parties acknowledge their
obligations under Article 1, Section 24, Florida Constitution and
Chapter 119, Florida Statutes, to release public records to members of
the public upon request.
The parties agree to comply with Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes, in
the handling of the materials created under this Agreement and that said
statute controls over the terms of this Agreement.
SECTION 13.
DISCLAIMER OF THIRD PARTY BENEFICIARIES.
This
Agreement is made for the sole benefit of the parties hereto and their
respective successors and assigns and is not intended to and shall not
benefit any third party. No third party shall have any rights hereunder
or as a result of this Agreement or any right to enforce any provisions
of this Agreement.
SECTION 14.
TIME OF THE ESSENCE.
Time is of the essence
relative to all aspects of performance under the terms of this
Agreement.
SECTION 15.
COMPLIANCE WITH LAWS AND REGULATIONS.
In providing
all services pursuant to this Agreement, the parties shall abide by all
statutes,
ordinances,
rules,
and regulations pertaining to,
or
regulating the provisions of, such services I including those now in
effect and hereafter adopted.
Any violation of said statutes,
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 17 of 21
ordinances, rules, or regulations shall constitute a material breach of
this Agreement, and shall entitle the other party to terminate this
Agreement immediately upon delivery of written notice of termination to
the other party as provided hereinabove.
SECTION 16.
DEFAULT.
If either party fails to perform any of
the terms and conditions of this Agreement for a period of sixty (60)
days after receipt of notice of such default from the other party, the
party giving notice of default may be entitle to seek specific
performance of this Agreement.
The parties each acknowledge that
money damages may be an inadequate remedy for the failure of
performance and that the party giving notice is entitled to seek an
order requiring specific performance by the defaulting party.
In the
event that such an order is sought:;/ each party shall be responsible
for its own costs and expenses SQ -incurred, including all attorneys
fees, if applicable.
Failure of any party to exercise its rights in
the event of any breach by another party shall not constitute a waiver
of such rights. No party shall be deemed to have waived any breach by
another party unless such waiver is reduced to writing and executed by
the waiving party.
Such written waiver shall be limited to terms
specifically contained therein.
This Section shall not prejudice the
right of any party to seek any additional remedy at law or equity for
any breach hereunder.
SECTION 17.
SEVERABILITY.
If anyone (1) or more of the
covenants or provisions of this Agreement shall be held to be contrary
to any express provision of law or contrary to the policy of express
law, though not expressly prohibited, or against public policy, or
Seminole County and City of Sanford
Solid Waste Management Agreement
Page 18 of 21
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shall for any reason whatsoever, be held invalid then such covenants
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or provisions shall be null and void, shall be deemed separable from
the remaining covenants or provisions of this Agreement, and shall in
no way effect the validity of the remaining covenants or provisions of
this Agreement.
ATTEST:
CITY OF SANFORD
f; LI~' M~;~ '- -
Date:
J!--/7-()9
Approved as to form and
legality.
ILLIAM L. COLBERT
City Attorney /
^ fJ I\Iw ,~ rv, (sy,. "~r-t-
ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORI A
~-.
cJJ(
, M.ARYANNE
Clerk to the Board
County Commissio
Seminole County,
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
Date, eLL) (l" '). 001
As aUthJfized'for execution by the Board
of County Commissioners at its
2009, regular meeting.
A.~ 1;, 11 j -~~'--
county Attorne; ~~V"v"-'-
SED/sb
1/16/09 3/26/09
Attachments:
Exhibit "A" - Designated Facilities
Exhibit "B" - Fees and payments
P: \Users\Lkennedy\My IlOcuments\Environmental. Services\J:nterl.ocal. Agmt City Of Sanford SOl.1d lfaste.Doc
seminole County and City of Sanford
Solid Waste Management Agreement
Page 19 of 21
EXHIBIT "A"
DESIGNATED FACILITIES
Designated Facilities under the terms of this Agreement shall be:
1) The Seminole County Osceola Road Landfill located at 1930 East
Osceola Road, Geneva, and
2) The Central Transfer Station located at 1950 State Road 419,
Longwood, Florida 32750.
The Seminole County Osceola Road Landfill accepts solid waste, yard
waste, construction and demolition debris, tirest and white goods.
The Central Transfer Station accepts solid waste, yard waste t and
recyclables.
Citizen delivered household hazardous waste is accepted at the Central
Transfer Station.
The Seminole County Osceola Road Landfill and the Central Transfer
Station do not accept biological or biomedical wastes.
Seminole County and City of Sanford
solid Waste Management Agreement
Page 20 of 21
EXHIBIT "B"
FEES AND PAYMENTS
Seminole County Solid Waste Disposal Fee:
(per County Rate Resolution)
$33.17 per ton
Municipal Customer Recyclables Disposal Fee:
No Charge
Environmental Administrative Revenue Share
$3.00 per ton
The COUNTY shall pay an Environmental Administrative Revenue Share of
$3.00 per ton directly to the CITY. The payment shall be based upon
the tonnage of commercial solid waste and residential solid and yard
waste delivered to the Designated Facilities by the CITY or the CITY's
contractor.
Recycling Revenue Share:
varies
The COUNTY shall pay directly to the CITY a revenue share based on the
COUNTY's contract for recyclables processing as provided below:
The COUNTY shall pay CITY Customer a per ton rate equal to the
revenue that the COUNTY receives less a $20 per ton processing fee.
The revenue share shall be based on the COUNTY's recycling contract.
At the expiration of the COUNTY' s~ecycling contract, the COUNTY and
CITY shall negotiate a revenue share' for Recyclable Material based on
the COUNTY's next recycling cont;-ac;::t. The COUNTY shall advise the
CITY as to the status of negotiations. The COUNTY shall consider any
written input received from the CITY during the course of such
negotiations in order to provide benefits and advantages resulting
from such negotiations to both parties.
P'\User.\,kennedy\My Documents\Environmenta, Services\1nterlocal agmt city of sanford solid waste.doc
Seminole County and City of Sanford
solid Waste Management Agreement
page 21 of 21