HomeMy WebLinkAboutSeminole County Interlocal Solid Waste Management Agreement 1994 vv
SOLID WASTE MANAGEMENT
INTERLOCAL AGREEMENT
• WITH SEMINOLE COUNTY
•
1994
r•
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 Municipalities whose names appear in Exhibit "A," attached hereto and made a
part thereof, their successors and assigns, hereinafter referred to as
"MUNICIPALITIES".
WITNESISETH:
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 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 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 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 continue to seek,
develop and implement joint Solid Waste disposal solutions.
b. 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.
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c. Because of environmental concerns with utilization of landfilling
411 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. The Solid Waste Management 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 the Counties 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 MUNICIPALITIES are continuing to cooperate in
developing 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 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 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
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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 MUNICIPALITIES and the unincorporated area of
Seminole County.
13 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 hereof.
• 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" includes, 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 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.
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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 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.
2.3 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 facilities utilized for receiving solid waste as a
part of the solid waste management system.
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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 delivered solid waste to designated fadlities 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 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
MUNICIPALITIES 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 vehides 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 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 be required by each MUNICIPALITY to
administer its contracts with haulers 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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3.4 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 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 information about each hauler
delivering solid waste on its behalf to the solid waste management
system: name and business address, make, body type, motor
vehicle registration data number, area of collection, and status as
municipal operator or franchised contract hauler.
410 3.6 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. 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.
ID Page 6
4.2 County Responsibilities: The COUNTY shall prepare, at its
• expense, all recycling grant applications and information
required by the Department of Environmental Regulation
(DEP). MUNICIPALITIES agree to provide all data requested
by the COUNTY related to the MUNICIPALITY'S participation
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 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
4.4 Grant Funds Distribution: The grant funds to be provided to the
COUNTY 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 MUNICIPALITIES,
if 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
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5. 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. 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
4110 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 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. 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
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8. 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.
9. 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.
10. 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.
11. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
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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 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 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, 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 deem delivered upon receipt by the addressee.
14. INCORPORATION OF AGREEMENTS
This document supersedes all prior negotiations, correspondence,
conversations, agreements or understandings, applicable to the matters
contained herein Accordingly it is agreed that no deviation from the
terms 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 document of equal dignity
• executed by the governing bodies of MUNICIPALITIES and the COUNTY.
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• 15. 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.
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 hauler 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
If any MUNICIPALITY or COUNTY shall fail to perform 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 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. 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 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.
18. TERM
This Agreement shall be effective for each MUNICIPALITY and COUNTY
from the date of execution and shall remain in effect until such time as the
aforementioned parties agree to a termination.
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• The Agreement may be terminated only by a MUNICIPALITY 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 day of September, 1994, and each MUNICIPALITY,
signing by and through officers duly authorized to execute same.
MUNICIPALITIES
CITY OF
•
BY
MAYOR/COMMISSIONER
DAY OF ,1994
WITNESS:
CITY CLERK
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• A1111,7:
(CORPORATE SEAL)
BY:
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST
• MARYANNE MORSE,
Clerk to the Board of County
Commissioners in and for
Seminole County, Florida
SEMINOLE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:
DICK VAN DER WEIDE, CHAIRMAN
DATE September ,1994
• Page 13
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•
EXHIBIT "A"
MUNICIPALITIES
Altamonte Springs
• Casselberry
Lake Mary
Longwood
Oviedo
Sanford
Winter Springs
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• EXHIBIT "B"
ANNUAL GRANT FUND DISTRIBUTION
CITY 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.
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• '.tip., . .y'.
e ip (n CITY OF WINTER SPRINGS, FLORIDA
' 1959 � • 1126 EAST STATE ROAD 434
�L WINTER SPRINGS, FLORIDA 32708 -2799
Telephone (407) 327 -1800
- lt) t )‘ ir p 9
MEMORANDUM
To: Mayor /Commission
From: City Manager John Govoruhk Ct/
Date: September 6, 1994
Subject: Recycle Grant
Since the Interlocal Agreement was signed in 1989 the City of Winter
Springs has participated in the Solid Waste /Recycle Grant offered
by the State of Florida through Seminole County. We have had a total
of $168,000 available to us of which we have made and purchased 13,000
• recycling bins at $44,660 and will receive $18,415 toward the purchase
of a lift truck.
Recommend we sign this Solid Waste & Recycling Interlocal Agreement.
O
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'•4. G• :oruhk,
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� - - - - CITY OF WINTER SPRINGS
City Manager
Seminole County Solid Waste Division
August 31, 1994
Mr. John Govoruhk, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Dear Mr. Govoruhk:
Thank you for your help with the Solid Waste & Recycling Interlocal Agreement.
I have enclosed a corrected copy of the agreement since the numbers in your
original document were not sequential. None of the copy has been changed.
• I apologize for your inconvenience. Please call me if you have any questions
relating to this corrected copy.
Thank you, again.
Sincerely, __
s D_u
Sherry New irk, Prog - m Coordinator
Seminole County Recycling & Solid Waste
SN:jh
Enc.
s
Ci Seminole County Public Works
1634 State Road 419
Iiii
Longwood, FL 32750
(407) 322 -7605
Fax. (407) 324 -5731
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