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535-Solid Waste Management ~66[ A~LNFIOZ) ~IIONIIA[EIS H.IIM SOLID WASTE MANAGEMENT INTER. LOCAL AGREEMENT This Agreement is made and entered into this day of ,1994, 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 "COUNTY": AND The Munidpalities whose names appear in Exhibit "A,' attached hereto and made a part thereof, their successors and assigns, hereinafter referred to as "MUNICIPAL1T~S". 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 in Seminole County are the sole method of disposal of solid waste and that the Legislature enacted the Solid Waste Management Act of 1988 impacting the disposal of solid waste; WHEREAS, the Solid Waste Management Act, specifically encourages Counties and their munidpalities 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 established an Intergovernmental Task Force on Solid Waste Management and Recycling who solicited input concerning Seminole County's solid waste disposal crisis and the need to assist in develop'rag 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 continue to seek, develop and implement joint Solid Waste disposal solutions. The Solid Waste Management Act is intended to reduce solid waste disposal at the 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 utiliTaton 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. cL The Solid Waste Management Act has deemed it a public purpose to reduce the amount of solid waste disposed of in landfill~ and promote recycling and reuse of solid waste. It further encourages intergovernmental cooperation in solid waste management, and stipLdates the Countes are responsible for providing solid waste disposal facilities to both incorporated and unincorporated areas of the COUNTY. WHEREAS, the COUNTY prepared a Solid Waste Management Plan for the COUNTY and has sought input from each of the municipalities; and WHEREAS, the COUNTY and MUNICIPALITIKq are continuing to cooperate in devdoping solid waste management and recycling programs 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 the Solid Waste Management Act. 1. DEFINITIONS The following doflnitions shall apply to this Agreement, 1.1 Contractor(s): Shall mean a person, f~u, or corporation that has entered or will enter into an agreement or agreements with the COUNTY or 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. Page2 1.4 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 MUNICll~ALITIES and the unincorporated area of Seminole County. 1.5 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. 1.6 Manager: Shall mean the County Manager of Seminole County government as provided by the Charter of Seminole County, Florida. 1.7 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 whose names appear in Exhibit A hereoL 1.8 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 the form of raw materials or recycled products. 1.9 Seminole County Board of County Commissioners: Shall mean the Board of County Commissioners of Seminole County, Florida. 1.10 The term "solid waste" indudes, but is not limited to, yard trash, recyclables, agricultural waste, domestic rubbish, waste oil, residential waste, construction and demolition debris, garbage, white goods, exduding unacceptable waste. 1.11 Solid Waste Management Systen~ 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. Page3 1.12 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. 1.13 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 shall continue to prepare a Management Plan for the construction, operation, and maintenance of facilities for a County-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 Each MUNICIPALITY and the COLrNTY agrees to consider the enactment of such ordinances, rules, polides and regulations and execute such agreements concerning solid waste management as shall be ddined in the Management Plan. 2.3 COUNTY, with continuing assistance from MUNICIPALITIES, prior to August 1st of each year, shall continue to update the Management Plan. 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 fadlities utilized for receiving solid waste as a part of the solid waste management system, Page4 3.2 In order to provide for the tesiing and startup of any solid waste management fadlities, each of the MUNICIPALITIES, upon not less than thirty (30) days notice by the COUNTY shall deliver or cause to be delivered solid waste to designated facilities in such amounts and at such times and in such manner as shall be designated in the notice. The notice from the COLrbFfY shall designate the estimated amount of materials, including garbage, yard waste and recyclables, to be delivered by each MUNICIPALITY and the estimated time when such deliveries shall be made. In order to facilitate MUNICIPALITY planning, the COUNTY will periodically share information with the MUNICIPAL1TIF-q as to the progress of construction of all solid waste management facilities. 3.3 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 MUNICIPALITY or the unincorporated COUNTY area shall have its tare weight and cubic capadty permanently and conspicuously displayed on the exterior of the vehide. The COUNTY may, from time to time, require the re-validation of the tare weight of any vehicle or the re-weighing of unloaded vehides. Each vehide 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 fadlity. Within thirty (30) days after the end of each month, the COUNTY shall furnish or cause to be fundshed to each MUNICIPALITY such weighing records as may reasonably be required by each MUNICIPALITY to administer its contracts with harriers of solid waste. Copies of all weight tickets will be maintained by the COUNTY for a period of at least two (2) years h~e5 3.4 Inoperable Weighing Scales - Estimates: If weighing facilities are inoperable or are being tested, the facility operator shah estimate the quantity of solid or recydable 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 test indicates that a scale was inaccurate, adjustments of records since the last valid test will be made by the COUNTY. 3.5 MANNER OF DELIVERY: Each MUNICIPALITY shall provide the COUNTY with the following infota-~ation about each hauler delivering solid waste on its behalf to the solid waste management system: name and business adc~ress, make, body type, motor vehicle registration data number, area of collection, and status as municipal operator or franchised contract hauleL 3.6 Solid Waste Segregation Programs: The MUNICIPALITY end COUNTY agree that this Agreement is not intended to either discourage or proMbit 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. RECYCLING PROGRAM 4.1 Description: Pursuant to the Solid Waste Management Act, the State of Florida authorized a grant program through 1994 to help fund local government recycling programs. To maximize grant funds available to all Seminole County local governments, the COUNTY and MUNICIPALITIES hereby agree to jointly prepare and implement a coordinated recycling program and such grant requests as shall best serve the interest of the entire COUNTY. Page6 4.2 County Responsibilities: The COUNTY shall prepare, at its expense, all recycling grant applications and info~ii-~ation required by the Department of Environmental Regulation (DEP). MUNICIPALITIES agree to provide all data requested by the COUNTY related to the MUNICIPALITY'S partidpation in the grant application. The COUNTY with the help of the MUNICIPALITIES shall respond to any questions or comments raised by DEP concerning the grant application. 4.3 Recycling Program: The COUNTY and MUNICIPALITIES shah 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. 4.4 Grant Funds Distribution: The grant funds to be provided to the COLrNTY and MUNICIPALITIES shall be distributed according to the Florida Department of Environmental Protection. The COUNTY shall distribute its base grant between the COUNTY and MUNICIPALITIES based on population. 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 MUNICIPALIT~-q, ff authorized by the Florida Department of Environmental Protection. 4.5 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 Page7 ANNUAL AUDIT The COUNTY shall secure an annual external audit of the solid waste 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 and, when requested, to private entities utilizing the system. 6. ADD1TIOI~ AND IMPROVEMEN'IS 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, construction and reconstruction 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. 7. OBLIGATIONS UNDER THe5 AGRK~.MENT ARE NOT INDEBTED~ 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. Neither MUNICIPALITY or 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 pledged for the payment of any amounts due under this Agreement. Pa~e8 8. RELATIOI'~HIIx3 OF THE PARTIF, q Except as specifically set forth herein, no parties to this Agreement shah 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 o:eate 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 MUNICIPALITIF-q and COUNTY. 9. ASSIGNMENT This Agreement, or any interest herein, may not be assigned, transferred or otherwise encumbered, under any drcumstances 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. 10. STATE AND FEDERAL LAWS The provisions of solid waste management sentices under this Agreement shall comply with all applicable state and federal laws, rules and regulations. 11. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Page 9 12. COUNTY RECORDS The COUNTY agrees to maintain and cause its contractors to maintain complete and accurate accounting records for all solid waste management services provided to the MUNICIPALITFF-q. The COUNTY agrees to maintain, or cause to be maintained information in suffident 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 germane to the operation of the solid waste management system. The material will be furnished at the cost of the party requesting the information. 13. NOTICES All notices, consents and other communications required, petu.ltted 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 deem delivered upon receipt by the addressee. 14. INCORPORATION OF AGREI~MENTS 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 hereof shall be predicated upon any prior representations or agree- ments, whether oral or written. It is further agreed that no modification amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written doctunent of equal dignity executed by the governing bodies of MUNICIPALITIES and the COUNTY. Page 10 15. INDEMNIFICATION No par~ to fixis 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. 16. CONTRACTS WITH HAULERS Each party to this Agreement agrees to cause the terms and conditions of any agreement that it may have with a haLtier of solid waste to function in accordance with time frames contained in the Management Plan and to comply with the terms and conditions of this Agreement. 17. CESSATION ff any MUNICIPALITY or COUNTY shall fail to perfoxut or observe any of their 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 ~o 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. 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 shah 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 equity for any breach hereunder. This Agreement shall be effective for each MUNICIPALITY and COUNTY from the date of execution and shall remain in effect until such thne as the aforementioned parties agree to a termination. Page 11 The Agreement may be mated only by a MUNICIPALITY providing sixty (60) days written notice to the COUNTY. Grant funding previously distributed to the mating 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 COMM]~IONERS, signing by and titrough its Chairman, authorized to execute same by Board action on the day of September, 1994, and each MUNICIPALITY, signing by and through officers duly authorized to execute same. MUNICIPALITIES /~'Z'~DAY OF~7~1994 Page 12 ATTI~T'. (CORPORATE SEAL) C1TY MANAGER APPROVED AS TO FORM: SEMinOLE COUNTY BOARD OF COUNTY COMMF~IONERS DICK ~AN 6ER WEll)E, CHAIRMAN DATE: September ,,l ~', 1994 Page 13 EXHIBIT "A' MUNICIPALITIES Altamonte Springs Casselberry Lake Mary Longwood Oviedo Sanford Winter Springs Pagel4 EXHIBIT "B" ANNUAL GRANT FUND DISTRIBUTION POPULATION* DISTRIBUTION Altamonte Springs 13% Casselberry 7% Lake Mary 2% Longwood 5% Oviedo 3% Sanford 11% Winter Springs 8% Seminole County 51% *1993 Population figure (310,890) supplied by the Department of Environmental Protection, August, 1994. Pagel5