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364-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; -1- 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. · ? 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 -5- 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. -10- 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 -15- 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, ,+ 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 -18- 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 -2O- 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, -21 - 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° -: 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 :. 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, -:23- 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: -25- 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 '