HomeMy WebLinkAbout364-Solid Waste ManagementAN
INTERLOCAL AGREEMENT
WITH
SEMINOLE COUNTY
FOR
SOLID WASTE MANAGEMENT
INTERLOCAL AGREEMENT
This Agreement is made and entered into this day of
, 1989, by and between: SEMINOLE COUNTY, a
political subdivision of the State of Florida, its successors and
assigns, by and through the Seminole County Board of County
Commissioners, hereinafter referred to as "COUR"rY":
AND ~
The Municipalities whose names appear in Exhibit "A," attached
hereto and made a part thereof, their successors and assigns, :
h einafter referred to as "MUNICIPALITIES."
er
WITNESSETH:
WHEREAS, due to Seminole County's ever increasing amount of solid
waste for disposal to be disposed at the COUNTY's landfill, the fact
that landfills are the sole method of disposal of solid waste and that
the State of Florida passed in 1988, Laws of Florida, 1988, Senate Bill
1192, as amended;
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WHEREAS, Senate Bill 1192, specifically encourages Counties and
their municipalities to cooperate in the reduction of solid waste for
handling at disposal facilities;
WHEREAS, the COUNTY has undertaken the study and preparation of a
Solid Waste Management Plan; and
WHEREAS, the COUNTY has established the IntergovernmentalTask
Force on Solid Waste Management and Recycling to solicit input ~
concerning Seminole County~s solid waste disposal crisis and the need
to ~ssist in developing a Solid Waste Management Plan; and
WHEREAS, the COUNTY and the MUNICIPALITIES have made findings as
follows: /~
a. The COUNTY and the MUNICIPALITIES need to seek, develop and
implement a joint Solid Waste disposal solution.
b. The Solid Waste Management Act is intended to reduce solid
waste disposal at landfill and promote recycling and reuse
of solid waste through intergovernmental cooperation with
the COUNTY functioning as lead coordinator.
c. Because of environmental concerns with utilization of
landfilling as the sole method of disposal of solid waste
generated by the residents, businesses, and visitors to
Seminole County, Florida, the MUNICIPALITIES and COUNTY have
sought a joint solution to such concerns.
d. Senate Bill 1192, as amended, sets forth the State
of Florida*s Solid Waste Management Act. The Act has deemed
it a public purpose to reduce the amount of solid waste
disposed of in landfills and promote recycling and reuse of
solid waste. It further encourages intergovernmental
cooperation in solid waste management, and stipulates
that Counties are responsible for providing solid waste
disposal facilities to both incorporated and unincorporated
areas of the COUNTY.
WHEREAS, the COUNTY is preparing the Solid Waste Management Plan
for the COUNTY and has sought input from each of the MUNICIPALITIES; and
WHEREAS, the COUNTY and the MUNICIPALITIES are cooperating in
developing a solid waste management and recycling program for Seminole
County;
NOW, THEREFORE, this Agreement shall serve as an interlocal
agreement between the COUNTY and the MUNICIPALITIES for the preparation
and implementation of the Seminole County SOlid Waste Management Plan
and in order to meet the requirements of Senate Bill 1192, as amended.
1. DEFINITIONS
The following definitions shall apply to this Agreement~
1.1 Contractor(s): Shall mean a person, firm or corporation
that has entered or will enter into an agreement or agreements
with the COUNTY and MUNICIPALITIES for the disposal of Solid
Waste.
1.2 COUNTY: Shall mean Seminole County, Florida, a political
subdivision of the State of Florida.
1.3 Disposal Facility(ies): Means that designated area within
the solid waste management system where solid waste is deposited
for disposal.
1.4 Fiscal Year: Shall mean October 1 to September 30 of each
year during the tenure of this Agreement.
1.5 Haulers: Shall mean those persons or corporations or
governmental agencies responsible (under either oral or written
contract) for the collection, transportation and delivery of solid
waste within the geographic boundaries of the MUNICIPALITIES and
the unincorporated area of Seminole COUNTY.
1.6 Intergovernmental Task Force on Solid Waste Management and
Recycling: Shall mean that Advisory Board established by the
COUNTY pursuant to this Agreement which shall perform the
responsibilities set forth in this Agreement.
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1.7 Management Plan: Shall mean the continuing plan for the
management and operation of the solid waste disposal facilities
and system authorized hereunder as amended and revised from time
to time.
1.8 Manager: Shall mean the County Manager of Seminole County
government as provided by the Charter of Seminole County, Florida.
1.9 Municipalities: Shall mean the municipal or corporations
existing under the laws of the State of Florida, located within
Seminole County that enter into this Agreement with the COUNTY and
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whose names appear in Exhibit A hereof.
1.10 Recycling: Shall mean any process by which solid waste, or
materials which are solid waste, are collected, separated, or
processed and reused or returned to use in the form of raw
materials or recycled products.
1.11 Seminole County Board of County Commissioners: Shall mean
the Board of County Commissioners of Seminole County, Florida.
1.12 The term "solid waste" includes, but is not limited
agricultural waste, domestic rubbish, garbage, yard trash,
residential waste, waste oil, white goods, construction and
demolition debris excluding unacceptable waste.
1.13 Solid Waste Management System: Shall mean the facilities
which are constructed, operated, maintained and repaired pursuant
to this agreement for the purpose of recycling, transferring,
reusing, disposing of the solid waste produced within the entire
COUNTY.
1.14 Transfer Stations: Means the sites and receiving
facilities constructed, operated and maintained by the COUNTY for
the receipt of solid waste for transfer to authorized solid waste
disposal facilities.
1.15 Unincorporated County: Shall mean that part of COUNTY which
is not within the boundaries of any municipal corporation within
Seminole County.
2. MANAGEMENT PLAN
2.1 The COUNTY and the MUNICIPALITIES, through the
Intergovernmental Task Force on Solid Waste Management and
Recycling, shall prepare a Management Plan fo~ the construction,
, operation, and maintenance of facilities for aCounty-wide solid
waste management system. A Management Plan for individual
municipalities may be proposed by each MUNICIPALITY and
incorporated into the County-wide'Management Plan. This
Management Plan, and subsequent amendments to the Plan, shall
be incorporated into this Agreement after formal adoption by the
~- MUNICIPALITIES and COUNTY.
2.2 The ~anagement Plan and all amendments thereto, shall first
be brought to the intergovernmental Task Force on Solid Waste
Management and Recycling for review and comment prior to
presentation to the ~fijNICIPALITIES for adoption.
2.3 Each MUNICIPALITY and the COUNTY agrees to consider the
enactment of such ordinances, rules, policies and regulations and
execute such agreements concerning solid waste management as shall
be defined in the Management Plan.
2.4 COUNTY, with continuing assistance from MUNICIPALITIES,
prior to Augustlst of each year, shall prepare an update of the
Management Plan. This update shall review the success and
...
failures of the Plan, and make recommended changes. This update
shall provide the information required by Senate Bill 1192 which
shall be remitted to the State by the COUNTY before October 1 of
each year.
3. OBLIGATIONS RELATING TO OPERATIONS
· ~. 3.1 The COUNTY shall be responsible for the construction,
operation, maintenance and repair of transfer stations and all
other receiving facilities utilized for receiving solid waste as a
part of the solid waste management system.
3.2 In order to provide for the testing and startup of any solid
waste management facilities, each of the MUNICIPALITIES, upon not
less than thirty (30) days notice by the COUNTY shall deliver or
cause to be delivere~ solid waste designated facilities in such
amounts and at such times and in such manner as shall be
designated in the notice. The notice from the COUNTY shall
designate the estimated amount of waste to be delivered by each
MUNICIPALITY and the estimated time for within which such
deliveries shall be made. In order to facilitate MUNICIPALITY
planning, the COUNTY will periodically share information with the
MUNICIPALITIES as to the progress of construction of all solid
waste management facilities.
3.3 The COUNTY and the MUNICIPALITIES agree that at least six (6)
months prior to the date that the first new solid waste management
facility becomes fully operational, a modified Management Plan
will be promulgated and sent to each of the parties hereto.
3.4 Weighing Records: The COUNTY shall operate and maintain
motor truck scales calibrated to the accuracy required by Florida
law, and shall weigh all vehicles delivering solid or
recyclable waste. Each vehicle delivering solid waste from a
HUNICIPALITY or the unincorporated COUNTY area shall have its tare
weight and cubic capacity permanently and conspicuously displayed
on the exterior of the vehicle. The COUNTY may, from time to
time, require the re-validation of the tare weight of any vehicle
or the re-weighing of unloaded vehicles.. Each vehicle loaded with
waste shall be weighed and a weight record produced indicating
gross weight, tare weight, date, time, vehicle identification and
such other details as may be required by the COUNTY. The COUNTY
will cause facility operators to maintain written daily records of
the total tonnage of solid waste delivered to its facility.
Within thirty (30) days after the end of each month, the COUNTY
shall furnish or cause to be furnished to each MUNICIPALITY such
weighing records as may reasonably required by each MUNICIPALITY
to administer its contracts with hanlers of solid waste. Copies
of all weight tickets will be maintained by the COUNTY for a
period of at least two (2) years.
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3.5 Inoperable Weighing Scales - Estimates: If weighing
facilities are inoperable or are being tested, the facility
operator shall estimate the quantity of solid or recyclable waste
delivered on the basis of truck volumes and other data developed
from all available historical information. Such estimates shall
take the place of actual weighing records, when the scales are
inoperable.
If, upon conclusion of testing, the tes~ indicates that a scale
was inaccurate, adjustments of records since the last valid test
will be made by the COUNTY.
3.6 Manner of Delivery: Each MUNICIPALITY shall provide the
COUNTY with the following information about each hauler delivering
solid waste on its behalf to the solid waste management ~ystem:
name and business address, make, body type, motor vehicle
registration data number, area of collection, and status as
municipal operator or franchised contract hauler.
3.7 Solid Waste Segregation Programs: The MUNICIPALITY and
COUNTY agree that this Agreement is not intended to either
discourage or prohibit voluntary solid waste segregation programs
of the parties segregating scrap, new or used materials at the
point of generation to be held for purposes of reuse or
recycling,
4. INTERGOVERNMENTAL TASK FORCE ON SOLID WASTE MANAGF~NT AND
RECYCLING
4.1 The COUNTY has created the special advisory board known as
the Intergovernmental Task Force on Solid Waste Management and
Recycling. The Intergovernmental Task Force on Solid waste
Management and Recycling shall serve as an independent advisory
board to the COUNTy for the purpose of assisting in the
development of the Management Plan and coordinating consistent
recycling programs between all local governments within Seminole
COUNTY.
4.2 Composition: The Intergovernmental Task Force on Solid
Waste Management and Recycling shall be comprised of eleven
members. The membership shall be appointed as follows:
(a) Seven members shall be elected officials one from eachof
-, the municipalities within Seminole County;
(b) One member shall be an elected official of the Board of
Education;
(c) One member shall be an elected official of Seminole County;
(d) One member shall be a commercial hauler operating within
Seminole County;
(e) One member shall be a private citizen of Seminole County.
The COUNTY elected official, the commercial hauler and the private
citizen shall be appointed by the Seminole County Board of County
Commissioners. The remaining eight members shall be appointed by
their respective entities.
The terms of membership shall be two years. Five of the
members shall serve an initial term of one year. The initial one-
year term shall be held by three of the elected officials from the
municipalities, the elected official from the Board of Education,
the private citizen and the commercial hauler.
4.3 The IntergovernmeDtal Task Force on Solid Waste Management
and Recycling shall elect one (1) of its members to serve as the
Chairman and one of its members to serve as Vice-Chairman. The
Chairman and Vice Chairman shall each serve for one (1) year in
that capacity or until their successor is elected and seated. A
simple majority of the members of the Intergovernmental Task Force
on Solid Waste Management and Recycling shall constitute a quorum
to conduct any of the business of the Task Force.
4.4 The Intergovernmental Task Force on Solid Waste Management
and Recycling shall conduct the organizational meeting End its
first business meeting during the month of , 1989,
and thereafter meet periodically not less than once each quarter.
4.5 The COUNTY shall provide adequate staff support, including
the necessary administrative, clerical, technical and other
required staff support for the implementation and administration
of the solid waste management system during the entire term of
this Agreement.
5. RECYCLING PROGRAM
5.1 Description: Pursuant to Senate Bill 1192, Laws of
Florida 1988, the State of Florida authorized a grant program
through 1994 to help fund local government recycling programs. To
maximize grant funds avaiIable to all Seminole County local
governments, the COUNTY and MUNICIPALITY hereby agree to jointly
prepare and implement a coordinated recycling program and such
grant requests as shall best serve the interests of the entire
COUNTY.
5.2 County Responsibilities: The COUNTY shall prepare, at its
expense, all recycling grant applications and information required
by the Department of Environmental Regulation (DER).
MUNICIPALITIES agree to provide all dsta requested by the COUNTY
related to the MUNICIPALITITY'S participation in the grant
application. The COUNTY with the help of the MUNICIPALITIES
shall respond to any questions or comments raised by DER
concerning the grant application.
5.3 Recycling Program: The COUNTY and MUNICIPALITIES shall
jointly prepare a coordinated plan to institute County-wide
recycling and related public education programs. Adoption of this
recycling plan shall be prepared and implemented pursuant to the
requirements of Section 2 of this Agreement.
5.4 Grant Funds Distribution: The grant funds to be provided to
the COUNTY and MUNICIPALITIES shall be distributed according to
the percentages shown in Exhibit "B," unless otherwise
altered by the Florida Department of Environmental Regulation.
The COUNTY shall distribute its base grant between the COUNTY and
MUNICIPALITIES excluding cities eligible for their own base grant
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according to the percentage shown in Exhibit "B" $33,116 of said
grant shall be used by the COUNTY to defray administrative costs
in coordinating the County-wide recycling plan.
If any MUNICIPALITY rejects the County-wide recycling program
and pursues its own program, then the grant funds that it would
have received for that grant year period shall be redistributed on
a pro rata percentage basis among the remaining MUNICIPALITIES, if
authorized by the Florida Department of Environmental Regulation.
Grant funds shall be received and distributed in a timely manner
by the COUNTY, unless delayed specifically pursuant to the
Management Plan, the grant application, or rules of the Department
of Environmental Regulation rules. "'
5.5 Accounting: The COUNTY and MUNICIPALITIES shall annually
audit their individual grant accounts, document all
expenditures, maintain accurate grant accounts, and document all
expenditures of grant proceeds. The audit shall be completed
within 180 days of the end of each fiscal year. The audit shall
be performed by an independent Certified Public Accountant.
Copies of the audit shall be distributed to the COUNTY and
MUNICIPALITIES. If the COUNTY or MUNICIPALITY is found to have
improperly distributed grant funds, then that COUNTY or
MUNICIPALITY, shall be considered in default of this Agreement and
shall solely be liable for any penalties, interest,. fines, etc.
that may be levied by the State of Florida.
6. ANNUAL AUDIT
The COUNTY shall secure an annual external audit of the solid wast~
management system by a qualified Certified Public Accountant. The audit
shall consider among other things the covenants contained in all
applicable service agreements. Copies of the audit reports are to be
made available to each MUNICIPALITY, the Intergovernmental Task Force,
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and, when requested, to private entities utilizing~he system.
7. ADDITIONS AND IMPROVEMENTS TO THE SOLID WASTE MANAGEMENT SYSTEM
This Agreement obligates the COUNTY to construct, operate, maintain and
repair a solid waste management system or cause to be constructed,
operated, maintained and repaired a solid waste management system
adequate for the recycling, reuse, and disposal of all solid waste
consistent with the Management Plan collected in each MUNICIPALITY and
unincorporated COUNTY and delivered to the solid waste management
system. Accordingly, the COUNTY may be required from time to time to
incur additional obligations and indebtedness to pay the cost of
acquiring, constructing and reconstructing additions and improvements
("additions and improvements") to the solid waste management system. In
order to pay for such obligations, the COUNTY shall modify its existing
rate schedule accordingly. Any modifications to the COUNTY's rate
schedule shall be reviewed by the Intergovernmental Task Force on Solid
Waste Management and Recycling prior to final action by the COUNTY. All
rate increases shall be consistent with Florida law and Laws of Florida
198~ Senate Bill 1192, as amended.
8. OBLIGATIONS UNDER THIS AGREEMENT ARE NOT INDEBTEDNESS OF
ANY PARTY TO THIS AGREEMENT '~
The respective obligations of each MUNICIPALITY and COUNTY under this
Agreement shall not be an indebtedness of such MUNICIPALITY or COUNTY
within the meaning of any constitutional, statutory, charter or
ordinance provision of limitation of such MUNICIPALITY or COUNTY.
Neither MUNICIPALITY nor COUNTY is obligated to pay or cause to be paid
any amounts due under this Agreement except in the matter provided
herein, and the faith and credit of such MUNICIPALITY and COUNTY is not
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pledged for the payment of any amounts due under this Agreement.
9. RELATIONSHIPS OF THE PARTIES
Except as specifically set forth herein, no parties 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. The obligations to this Agreement are
not joint, the obligations are separate and several between each of the
MUNICIPALITIES and COUNTY.
10. ASSIGNMENT
This Agreement, or any interest herein, may not be assigned, transferred
or otherwise encumbered, under any circumstances by any party without
the prior written consent of all the other parties to this Agreement.
The parties agree, however, that the COUNTY may assign rights and
obligations under this Agreement as are necessary by the COUNTY for the
provision of solid waste management services under this Agreement.
11. STATE AND FEDERAL LAWS
The provisions of solid waste management services under this Agreement
shall comply with all applicable state and federal laws, rules and
regulations.
12 . GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida,
13 COUNTY RECORDS
~"ne COUNTY agrees to maintain and cause its contrac'~ors to maintain
complete and accurate accounting records for all solid waste management
services provided to the MUNICIPALITIES. The COUNTY agrees to maintain,
or cause to be maintained information in sufficient detail to permit
each MUNICIPALITY to independently ascertain the cost of its solid waste
services, separate and apart from the cost of other services of the
COUNTY. Upon reasonable notice given by any MUNICIPALITY, the COUNTY
shall make available or have made available to such MUNICIPALITY all
books, records, computer programs, printouts, memoranda or other data
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8ermane to the operation of the solid waste,manaEement system. The
material will be furnished at the cost of the party requestinE the
information.
14 NOTICES
All notices, consents and other communications required, permitted or
otherwise delivered under this Agreement shall be in writing and shall
be delivered either by hand with proof of delivery or mailed by first
class registered or certified mail postage prepaid, return receipt
requested.
Addresses of MUNICIPALITIES and of COUNTY provided on the signature page
may be altered from time to time upon notice to all parties hereto.
Notices and consents given by mail in accordance with this section shall
be deemed delivered five (5) business days after the day of dispatch.
Notices and consents given by any other means shall be deemed delivered
upon receipt by the addressee.
15 INCORPORATION OF AGREEMENTS
This document supersedes all prior negotiations, correspondence,
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conversations, agreements or understandings, applicable to the matters
s~ontained herein. Accordingly, it is agreed that no deviation from the
terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no
~odification amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document of equal dignity executed by the governing bodies of
~uTNICIPALITIES and the COUNTY°
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16~ INDEMNIFICATION
No party to this Agreement, its officers, employees and agents shall be
deemed to assume any liability for the acts, omissions and negligence of
any other party, their officers, employees and agents.
CONTRACTS WITH HAULERS
Each party to this Agreement agrees to cause the terms and conditions of
any agreement that it may have with a hauler of solid waste tofunction
in accordance with time frames contained in the Management Plan and to
comply with the terms and conditions of this Agreement.
18. CESSATION
If any ~ICIPALITY or COUNTY shall fail to perform or observe any of
the terms and conditions of this Agreement for a period of sixty (60)
days after receipt of notice of such default from another party, the
party giving the notice of default may be entitled 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
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specific perfoFmance'by the defaulting party. Failure of any party to
exercise its rights ~n 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 the terms specifically contained therein. This paragraph
shall not prejudice the right of any party to seek such additional
remedy at law or equi%y for any breach hereunder.
I9~ TERM
This Agreement shall be effective for each MUNICIPALITY and COUNTY from
the date of execution and shall remain in effect until September 30,
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1994. The Agreement may be terminated only after September 30, 1991 by
a MUNICIPALITY by providing sixty (60) days written notice to the
COUNTY. Grant funding previously distributed to the terminating
MUNICIPALITY shall be recaptured and distributed in accordance with
Section 5.4 of this Agreement
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: SEMINOLE COUNTY
through its SEMINOLE COUNTY COMMISSIONERS, signing by and through its
Chairman, authorized to execute same by Board action on the .. 8th day
of i M~v , 19 ~, and each MUNICIPALITY, signing by and
through officers duly authorized to execute same.
MUNICIPALITIES
WITNESS: cT~v c~F gANFC]WD
8th day of MAY , 1989
ATTEST: SEMINOLE COUNTY BOARD OF
COUNTY COMMISSIONERS
MARYANNE MORSE, clert"~ By RS/~Ri~
Board of County Commissioners
in and for Seminole County,
Flo..rida. Date:
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EXHIBIT "A"
MUNICIPALITIES
1. Altamonte Springs
2. Casselberry
3, Lake Mary
4. Longwood
5. Oviedo
6. Sanford
7. Winter Springs
~X]IXDXT
Annual Grant Fund D~stributlon
i /
; Shetea County / Percen~
Pogu~ation* Base Crant** Base 'Grant Z~centivae** Total Distrlbut~
AZt~onte Springs 35,892 ~ 8,936 $ 54,197 ~ 63,Z33 ~3.44
Casse~ber~ Z8.,205 4,535 27,489 32,024 6.82
Lake H~ 4,844 ' ~,203 7,3Z4
LOn~ood ~3,588 3,384 20,5~8 23,902
~eao 7,586 X, 888 ZX, 455 ~3,343 2.84
San~or~ 29,288 7.294 44,225
~nter SprXngs 20,627 5, Z33 3X, X4 ] 36,280 ~. 72
S~Lnole C~ty ~ ~ .~, 206,98~ ~ 24~10~ : 51~..3~
: .,,
v 267,Z08 $34,116 $3Z,373 $403,3~3 ~469,822'*** 100.00%
*PoDulat~on frm Plun~g for 1988 [gn~vers~ty of' Florida as' of 4-I-88)
..
eeCount~"s ~ort~on of ~66,489 base grants balance o~.~r~t d~stribute~
e**Sased on $1.5~ per capita
*e*eTots1 divide~ 80% te~c~ng ~a 20% educerich '