Loading...
HomeMy WebLinkAbout2006 01 23 Regular Item 300 Solid Waste Management Agreement Seminole County COMMISSION AGENDA ITEM 300 Consent Informational Public Hearing Regular X January 23, 2006 Regular Meeting MGR.R /DEPT R Authorization REQUEST: City Manager Requesting the City Commission Approve the Solid Waste Management Agreement with Seminole County. PURPOSE: To execute a ten year interlocal agreement with Seminole County committing the solid waste generated in Winter Springs to the Seminole County Landfill and receiving a Three Dollar per ton discount in consideration of that commitment. CONSIDERATIONS: This agenda item is needed to complete discussions staff has had with Seminole County regarding a commitment of the Winter Springs solid waste stream to the Seminole County landfill. This agreement commits all solid waste, residential and commercial collected on behalf of the City, to the County landfill for a period often years. The only exception is construction and demolition (C&D) debris which can but is not required to be disposed of at the County landfill. There are numerous other C&D landfills locally with more competitive rates than the County. In consideration of this commitment, the County is offering a $3.00 (three dollar) discount per ton from the current rate of $33.17 to $30.17. It is the intent of staff to receive this as a direct credit to the haulers costs rather than being remitted separately to the City. The disposal cost per ton (tipping fees) is a direct pass through under the current and proposed solid waste franchise agreement. This agreement also provides for revenue sharing of the recyclables which varies according to market conditions. 012306_ COMM _Regular _300_ Solid _ Waste _ Interlocal January 23, 2006 REGULAR AGENDA ITEM 300 PAGE 2 FUNDING: The approval of this agreement is anticipated to result in a reduction to the tipping fee component of the solid waste charge ranging from $0.39 per month in the residential rate to $0.13 per month for commercial front loaders.25 to $0.50 per month range depending upon the final negotiations with the waste hauler. RECOMMENDATIONS: It is recommended that the City Commission approve the Solid Waste Management Agreement with Seminole County. ATTACHMENTS: 1. Seminole County and City of Winter Springs Solid Waste Management Agreement COMMISSION ACTION 012306_ COMM_ Regular _300 _Solid_Waste _Interlocal SEMINOLE COUNTY AND CITY OF WINTER SPRINGS SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 20 by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, Chapter 403, Part IV, Florida Statutes, delegates the responsibility for providing solid waste disposal facilities to coun- ties; and, WHEREAS, landfilling is the primary method of solid waste dis- posal in Seminole County, Florida; and, WHEREAS, on or about September 28, 1994, the COUNTY and CITY en- tered into a Solid Waste Management Interlocal Agreement and the par- ties now desire to terminate said Agreement and enter into a new agreement which shall wholly and completely supercede said Agreement; and WHEREAS, the CITY provides for collection and disposal of solid waste from the residents and businesses located within its geographic boundaries and the CITY recognizes the need for safe and sanitary processing and disposal of solid waste; and WHEREAS, the CITY desires to participate in a coordinated county- wide program for the management of solid waste and control of solid waste processing and disposal in compliance with Federal, State and 1 local regulations to prevent, control and abate air, water and ground pollution; and WHEREAS, the CITY and the COUNTY recognize the need to plan and develop an adequate solid waste system to benefit all residents of Seminole County, Florida; and WHEREAS, the CITY and the COUNTY recognize the importance of en- vironmentally responsible solid waste disposal capacity; and WHEREAS, the CITY recognizes that the COUNTY's infrastructure provides for the construction, operation, repair and maintenance of COUNTY solid waste disposal facilities, and that this infrastructure was established, and is available, for the use and betterment of all municipalities within the COUNTY; and WHEREAS, the CITY recognizes that the cost of existing disposal infrastructure is solely supported by the COUNTY's Solid Waste Manage- ment Division revenues; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages coun- ties to enter into interlocal agreements with municipalities for coop- erative solid waste management, including establishing recycling pro- grams and pursue recycling acti vi ties to reduce the impact of solid waste disposal on landfills; and WHEREAS, the CITY desires to cooperate with the COUNTY toward achievement and maintenance of the State of Florida's recycling goal and compliance with Chapter 403, Part IV, Florida Statutes, NOW, THEREFORE, in consideration of the mutual covenants and promises by and between the parties hereto, and for the mutual benefit 2 of the CITY and COUNTY and their respective citi zens, the parties agree, as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have re- lied. SECTION 2. DEFINITIONS. The following definitions apply to this Agreement unless specified otherwise: (a) Agreement: Shall mean this written document and all amend- ments to it. (b) Biological Waste: Shall mean any solid waste that causes or has the capability of causing disease or infection and includes biomedical waste, animals which died from disease, and other wastes capable of transmitting pathogens to humans or animals. (c) Biomedical Waste: Shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term in- cludes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, human blood products and body fluids; and other materials which in the opinion of the State of Florida Department of Health represents a significant risk of in- fection to persons outside the generating facility. (d) Bulky Waste: Shall mean any item whose large size or weight precludes or complicates its handling by normal collection, processing, or disposal methods. (e) City: Shall mean the City of Winter Springs. 3 (f) Contractor: Shall mean any person, firm or company that has entered or will enter into an agreement with the COUNTY or CITY for solid waste, recycling, or yard waste collection and disposal ser- vices. (g) Construction and Demolition Debris (C&D): Shall mean dis-carded materials generally considered to be non-water soluble and non- hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction or destruction of a structure as part of a con- struction or demolition project. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a constructions project and clean cardboard, paper, plastic, wood, or metal scraps from a construction project. (h) COUNTY: Shall mean Seminole County, Florida, a political subdivision of the State of Florida. (i) Designated Facility: Shall mean the disposal facility(ies) designated by the COUNTY for receiving solid waste, yard waste, white goods, bulky waste or recyclable material under this Agreement within the solid waste management system. The Designated Facilities pursuant to this Agreement are specified in Exhibit "A", attached hereto and incorporated herein. (j) Disposal Fees: Shall mean the rates charged for disposal or processing of items at the Designated Facilities. The Disposal Fees pursuant to this Agreement are specified in Exhibit "B", attached hereto and incorporated herein. 4 (k) Garbage: Shall mean all kitchen and table food waste and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. (1 ) Hazardous Waste: Shall mean solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an in- crease in mortality or an increase in serious irreversible or inca- pacitating reversible illness or may pose a substantial present or po- tential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. (m) Household Waste: Shall mean any solid waste, including gar- bage, trash and sanitary waste in septic tanks, derived from house- holds, including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, camp- grounds, picnic grounds, and day use recreation areas. (n) Municipal Customer: Shall mean a municipality that collects refuse and delivers the collected refuse in collection vehicles to a COUNTY facility, or a municipality that contracts for the collec- tion of refuse and directs its contractor to deliver the collected re- fuse in collection vehicles to a COUNTY facility. (0) Recyclable Material: Shall mean materials capable of being recycled under the COUNTY I S Recycling Program and which would other- wise be processed or disposed of as solid waste. Recyclable Material includes newspapers (including inserts), magazines and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Nos.l- 7), aluminum and steel cans (including empty aerosol cans) which are 5 collected from curbside recycling programs. Recyclable materials also include telephone books that may be collected annually. (p) Resident: Shall mean a person whose domicile is within the boundaries of the CITY or the unincorporated COUNTY. (q) Residential Waste: Household refuse generated from the do- mes tic acti vi ties of a resident's domicile. Residential waste does not include refuse generated from commercial activities in a domicile or commercial waste brought to a domicile. (r) Recycling: Shall mean any process by which solid waste, or materials which would have otherwise become solid waste, are col- lected, separated or processed and reused or returned to use in the form of raw materials or products. (s) Solid Waste: Shall mean sludge unregulated under the Fed- eral Clean Water Act or Federal Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution con- trol facility; or garbage, rubbish, refuse, special waste, or other discarded material including solid, liquid or semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, min- ing, agricultural or governmental operations. (t) Special Waste: Shall mean those wastes requiring special handling and management, including, but not limited to, white goods, waste tires, used oil, lead acid batteries, construction and demoli- tion debris, ash residue, yard waste, biological wastes, and mercury containing devices or lamps. 6 (u) White Goods: Shall mean inoperative and discarded refrig- erators , ranges, washers, water heaters, freezers and other similar domestic and commercial large appliances. (v) Yard Waste: Shall mean vegetative matter resulting from landscaping maintenance or land clearing operations and includes mate- rials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps. SECTION 3. COUNTY RESPONSIBILITIES. (a) The COUNTY agrees to maintain its disposal facilities to ensure adequate capacity for all of the CITY's solid waste disposal and to operate in accordance with all applicable local, State and Fed- eral environmental regulations. (b) The COUNTY agrees to make its disposal facilities available to the CITY, the residents of the CITY, and the CITY's residential and commercial collection contractor(s) for the Disposal Fees specified in Exhibit "B" at the Designated Facilities for solid waste, yard waste and recyclable material generated from residential and commercial sources. (c) The COUNTY agrees to provide to the CITY the lowest Dis- posal Fees charged to any Municipal Customer. The COUNTY further agrees to provide to the CITY the highest Environmental Administrative Revenue Share and Recycling Revenue Share provided to any municipal customer. (d) The COUNTY may increase or decrease these fees as set forth herein. The COUNTY agrees to maintain reasonable Disposal Fees as set by the Board of County Commissioners and established by resolution. 7 Fee increases shall be consistent with the reasonable costs required to operate and maintain the COUNTY's solid waste management system. (1) The initial Disposal Fee schedule shall remain in ef- fect until September 30, 2007. On October 1, 2007, and annually thereafter, as established by resolution of the Board of County Com- missioners, the COUNTY may increase disposal charges and recycling processing charges by a rate equal to the increase in the Consumer Price Index - All Urban Consumers (CPI-U). The first rate determina- tion period shall be from January 1, 2006 to the date the new fee schedule is proposed. Subsequent rate determination periods shall be from the date the most recent rate was set to the date the new fee schedule is proposed. CPI price increases will take effect on or after October 1 annually. (2 ) Disposal Fee increases directly attributable to changes in law including mandates imposed by Federal and State regula- tory agencies shall not be limited by the CPl. The COUNTY shall promptly notify the CITY of any impending or anticipated increases di- rectly attributable to changes in law, including mandates. The COUNTY shall provide to the CITY a written explanation of the fee increase attributable to a change in law. The increase in the Disposal Fee shall take effect after the COUNTY gives ninety (90) days written no- tice to the CITY that said increase is required. (3) The COUNTY may initiate non-CPI Disposal Fee increases beyond the CPI for reasons other than changes in law. The COUNTY shall provide to the CITY a written explanation of any non-CPI Dis- posal Fee increase. If the CITY chooses not to accept the non-CPI 8 Disposal Fee increase proposed by the COUNTY, the CITY may terminate this Agreement with ninety (90) days written notice to the COUNTY. (e) The COUNTY agrees to pay CITY an Environmental Administra- tive and Recycling Share for residential solid waste and recyclables as set forth in Exhibit "B". (f) The COUNTY agrees to maintain and provide services to the CITY as outlined herein: (1) Tire Amnesty Days, held periodically each year at the Designated Facilities, at which there shall be no charge to residents for the disposal of tires generated from their residential property. (2) Household Hazardous Waste Disposal. There shall be no charge to residents for the disposal of household hazardous waste gen- erated from their residential property when delivered to the Desig- nated Facilities. (3) Household Hazardous Waste Amnesty Day(s), held in various locations, at which there shall be no charge to residents for the disposal of hazardous waste generated from their residential prop- erty. (4) Used Oil Collection Centers, at which there shall be no charge to residents for .the disposal of used motor oil generated from their residential property. (5) Sharps Disposal Program, at which there shall be no charge to residents requiring the use of medical sharps, needles or lancets, for Sharps containers and the disposal of the sharps gener- ated from their personal use. The Sharps Disposal containers shall be 9 available at Fire Stations, Health Department locations, and the Des- ignated Facilities. (6) Inspections shall be provided to businesses generating small quantities of hazardous waste at no charge to the business owner in compliance with Section 403.7225 (11), Florida Statutes. These inspections shall assess, notify and verify potential and known genera- tors generating less than 2,200 pounds of hazardous waste in a calen- dar month. Section 403.7234, Florida Statutes, requires that each county notify known and potential small quantity generators of their legal responsibilities regarding proper waste management practices, and provide a list of available hazardous waste management alternatives. (7 ) Hazardous Material Spill Response Coordination. The COUNTY's Environmental Compliance Assistance and Pollution Prevention Programs (ECAP3) Team will be available to the CITY to provide assis- tance and technical direction in responding to situations involving hazardous materials spill. (8) Environmental education shall be provided to include, but not be limited to, hazardous waste, pollution and litter preven- tion, recycling and waste reduction at schools, special events, Desig- nated Facilities, businesses , civic and homeowner association meetings. (9) Environmental monitoring shall be provided to ensure the Designated Facilities and solid waste management facilities remain in compliance with all local, State and Federal regulations. 10 (10) Environmental investigation and enforcement coopera- tion shall be provided. The County's ECAP3 Team will continue to co- ordinate Environmental Task Force meetings where local agencies can coordinate on environmental crimes initiatives. (11) Conditionally Exempt Small Quantity Generator Business Collection Events, held periodically, at a Designated Facility or various sites, at which the County shall extend its contracted dis- posal rate for disposal of hazardous waste generated at business (businesses must meet Federal and State regulations concerning hazard- ous waste management and transport) . (12) Disaster Recovery. The COUNTY shall work to coopera- tively respond with the CITY for the collection and management of de- bris management during disaster recovery efforts. The COUNTY's contract for debris management is available for the CITY to "piggy-back" a contract for services. (13) Mulch and compost shall be available to residents and businesses at the Designated Facilities, at no charge for their use, when the resident or business provides the means to collect and trans- port mulch and compost from the Designated Facilities. (14) Recycling Centers, at the Designated Facilities, shall be available at no charge for residents and businesses to deliver re- cyclable materials generated from their residential or commercial property. (15) Cooperation on any solid waste management grant programs. 11 SECTION 4. CITY RESPONSIBILITIES. (a) The CITY agrees that all solid waste and recyclable materi- als deemed suitable for processing and disposal collected by or on be- half of the CITY shall be disposed of at the COUNTY Designated Facili- ties, as set forth in Exhibit "A". (b) The CITY agrees to cooperate with the COUNTY to provide all necessary information to the COUNTY so that the CITY and the COUNTY can determine the quantity of the CITY's solid waste and recyclable material being delivered to the Designated Facilities. (c) The CITY agrees to collect or enter into a collection con- tract for recyclable materials consistent with recyclables materials accepted and managed by the COUNTY. (d) The CITY agrees to amend its existing solid waste, yard waste and/or recyclable materials collection agreements, if any, to ensure disposal of all solid waste, yard waste and recyclable materi- als at COUNTY Designated Facilities as set forth in Exhibit "A". (e) The CITY agrees to amend its commercial solid waste fran- chise agreements, if any, to include language directing commercial solid waste to the COUNTY Designated Facilities set forth in Exhibit "A". (f) The CITY agrees that as long as this Agreement is in effect and unless it is a violation of any Federal anti-trust law, it shall not construct, acquire, operate, or permit any solid waste disposal area which may compete or tend to compete with the COUNTY's System. (g) The CITY agrees to cooperate with the COUNTY to provide all necessary information to the COUNTY to determine if the COUNTY is 12 meeting the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. (h) The CITY agrees to provide the COUNTY monthly recycling re- ports by the 10th day of each month following service. (i) The CITY agrees to cooperate with the COUNTY on any solid waste management grant programs. (j) For the purposes of this Section, solid waste shall not mean construction and demolition debris. SECTION 5. EFFECTIVE DATE. This Agreement shall become effective March 1, 2006 and remain in full force and effect for ten (10) years and shall automatically be renewed annually thereafter unless termi- nated earlier by either mutual agreement or by one (1) year prior written notice provided, as set forth hereunder, to the other party on or before the annual renewal date. SECTION 6. INDEMNIFICATION. (a) Each party to this Agreement is responsible for all per- sonal injury and property damage attributable to the negligent acts or omissions arising out of this Agreement of that party and the offi- cers, employees and agents thereof. (b) The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the parties beyond the waiver provided for in Section 768.28, Florida Statutes. 13 (c) The waiver of a provision herein by either party shall not constitute the further waiver of said provision or the waiver of any other provision. SECTION 7. FORCE MAJEURE. In the event that performance by the COUNTY or CITY of any of their responsibilities under this Agreement shall be interrupted, delayed, or prevented by an occurrence not occa- sioned by the conduct of such party, whether such occurrence be an act of God or any other occurrence whatsoever that 'is beyond the reason- able control of such party, including, but not limited to, a change in environmental law or regulation rendering performance impractical or impossible, then such party shall be excused from such performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof, or until such performance is no longer im- practical or impossible. SECTION 8. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by cer- tified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Sec- tion. For the present, the parties designate the following as the re- spective places for giving of notice, to wit: For COUNTY: Seminole County Department of Environmental Services 1101 East First Street Sanford, FL 32771 Attention: Department Director 14 For CITY: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32771 Attention: City Manager SECTION 9. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document exe- cuted with the same formality and of equal dignity herewith. SECTION 10. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties. SECTION 11. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written approval of the other. SECTION 12. PUBLIC RECORDS LAW. CITY acknowledges COUNTY's obli- gations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the pub- lic upon request. CITY acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Flor- ida Statutes, in the handling of the materials created under this Agree- ment and that said statute controls over the terms of this Agreement. SECTION 13. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is made for the sole benefit of the parties hereto and their respective successors and assigns and is not intended to and shall not benefit any third party. No third party shall have any rights hereunder or as a result of this Agreement or any right to enforce any provisions of this Agreement. 15 SECTION 14. TIME OF THE ESSENCE. Time is of the essence rela- tive to all aspects of performance under the terms of this Agreement. SECTION 15. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulat- ing the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the other party to terminate this Agreement immediately upon delivery of written notice of termination to the other party as provided hereinabove. SECTION 16. DEFAULT. If any CITY or COUNTY fails to perform any of the terms and conditions of this Agreement for a period of sixty (60) days after receipt of notice of such default from the other party, the party giving notice of default may be entitle to seek spe- cific performance of this Agreement. The parties each acknowledge that money damages may be an inadequate remedy for the failure of per- formance and that the party giving notice is entitled to seek an order requiring specific performance by the defaulting party. In the event that such an order is sought, each party shall be responsible for its own costs. and expenses so incurred, including all attorneys fees, if applicable. Failure of any party to exercise its rights in the event of any breach by another party shall not constitute a waiver of such rights. No party shall be deemed to have waived any breach by another party unless such waiver is reduced to writing and executed by the waiving party. Such written waiver shall be limited to terms specifi- 16 cally 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. SECTION 17. SEVERABILITY. If anyone (1) or more of the cove- nants or provisions of this Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever, be held invalid then such covenants or pro- visions shall be null and void, shall be deemed separable from the re- maining covenants or provisions of this Agreement, and shall in no way effect the validity of the remaining covenants or provisions of this Agreement. ATTEST: CITY OF WINTER SPRINGS By: ANDREA LORENZO-LUACES, City Clerk JOHN F. BUSH, Mayor Date: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. CARLTON HENLEY, Chairman Date: For the use and reliance of Seminole County only. As authorized for execution by the Board of County Commissioners at their , 20____ regular meeting. Approved as to form and legal sufficiency County Attorney 17 SED/lpk 11/8/02 11/12/02 6/9/03 7/16/03 12/1/03 12/16/03 12/16/05 12/30/05 inter local w winter Springs-solid waste Attachments: Exhibit "A" - Designated Facilities Exhibit "B" - Fees and Payments 18 EXHIBIT "A" DESIGNATED FACILITIES Designated Facilities under the terms of this Agreement shall be: 1) The Seminole County Osceola Road Landfill located at 1930 East Osceola Road, Geneva, and 2) The Central Transfer Station located at 1634 State Road 419, Longwood The Seminole County Osceola Road Landfill accepts solid waste, yard waste, construction and demolition debris, tires, and white goods. The Central Transfer Station accepts solid waste, yard waste, and re- cyclables. Citizen delivered household hazardous waste is accepted at the Central Transfer Station and the Osceola Road Landfill. The Seminole County Osceola Road Landfill and the Central Transfer Station do not accept biological or biomedical wastes. 19 EXHIBIT "B" FEES AND PAYMENTS Seminole County Solid Waste Disposal Fee: (Per County Rate Resolution) $33.17 per ton Environmental Administrative Revenue Share: $3 per ton Municipal Customer Recyclables Disposal Fee: No Charge Recyclables Processing Fee: $20 per ton Minimum Recycling Revenue Share to City $ 6 per ton based on calculation below A. ENVIRONMENTAL REVENUE SHARE Environmental Administrative Revenue Share Calculation The COUNTY shall provide to the CITY an Environmental Administrative Revenue Share of $3.00 per ton. The Environmental Administrative Revenue Share shall be based upon the tonnage of Residential Waste (solid waste and yard waste) delivered to the Designated Facility by the City's contractor. The City shall direct its contractor to operate Residential Waste collection routes to assure the delivery of discrete loads comprised solely of City generated solid waste or yard waste to the Designated Facilities. The CITY and its contractor shall provide sufficient truck and route information so that the COUNTY and the CITY can track and monitor the quantity of residential solid waste and yard waste delivered by the CITY's contractor to the Designated Facilities. The CITY's contractor's trucks shall be clearly marked as delivering waste from only the CITY to the Designated Facilities. The Environmental Administrative Revenue Share shall be provided as a credit on each month's disposal fee statement for the CITY if the CITY chooses to pay the COUNTY directly for disposal, or the Environmental Revenue Share shall be provided as a credit on the CITY's contractor's monthly disposal fee statement if the CITY chooses to have its contractor pay for waste disposal. Prior to the effective date of this agreement, the City Manager shall provide written instruction to the COUNTY concerning how credit for the Environmental Revenue Share shall be provided. B. RECYCLING REVENUE SHARE Recvclinq Revenue Share Backqround The County shall pay directly to the City a revenue share based on the County's Recycling Processing Agreement which expires on December 31,2009. The County's Recycling Processing Agreement currently contains the following floor prices: Fiber stream (FS): $42 per ton Commingle containers (CC): $ 2.50 per ton The County's Recycling Processing Agreement provides for Processing Payments to be made to the County at or above the floor amount. The description of payments to be made to the 20 County by its contractor is described in Exhibit "A" of FIRST AMENDMENT TO RECYCLING PROCESSING AGREEMENT (RFP-4114-01/JVP), effective February 20,2004, expires December 31,2009. Recvclinq Revenue Share Calculation The COUNTY shall pay the CITY a per ton rate equal to the Processing Payment received by the County less the Recyclables Processing Fee. The Recycling Revenue Share shall be calculated as follows: 1. Processing Payment the County receives from its contractor is determined by the formula: County's Processing Payment = (Tons CC X Price CC) + (Tons FS X Price FS) 2. The City's percentage break down of percent CC and percent FS is assumed to be the same as the percentage breakdown of the overall shipments made by the County to its contractor each month. 3. Recycling Revenue Share = (Tons of Recyclables delivered by City X percent CC X Price CC) + (Tons of Recyclables delivered by City X percent FS X Price FS) - (Tons of Recyclables delivered by City X Recycling Processing Fee). 4. The County shall provide a detailed description of the Recycling Revenue Share Calculation on a monthly basis with the Recycling Revenue Share payment. The Recycling Revenue Share shall be provided as a credit on each month's disposal fee statement for the CITY if the CITY chooses to pay the COUNTY directly for disposal, or the Recycling Revenue Share shall be paid directly to the CITY on a monthly basis. Prior to the effective date of this agreement, the City Manager shall provide written instruction to the COUNTY concerning how credit for the Environmental Revenue Share shall be provided. At the expiration of the County's recycling contract, the COUNTY and the Municipality shall negotiate a revenue share for the recyclable material based on the COUNTY's next recycling contract. The COUNTY shall advise the CITY as to the status of negotiations. The COUNTY shall consider any written input received from the CITY during the course of such negotiations in order to provide benefits and advantages resulting from such negotiations to both parties. The CITY shall require its contractor to operate recycling collection routes to assure the delivery of discrete loads comprised solely of Municipality recyclables to COUNTY facilities. The CITY and its contractor shall provide sufficient truck and route information so that the COUNTY and the CITY can track and monitor the quality of recyclables delivered by the CITY's contractor to COUNTY facilities. The CITY's contractor's trucks shall be clearly marked as delivering recyclables from only the CITY to the Designated Facilities. 21 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager January 27,2006 Mr. Don Fisher, Acting County Manager Seminole County 11 0 1 East First" Street Sanford, FL 32771 RE: SEMINOLE COUNTY AND CITY OF WINTER SPRINGS SOLID WASTE MANAGEMENT AGREEMENT EFFECTIVE MARCH 1,2006. Dear Don, This letter is to advise you that the Winter Springs City Commission approved the above- referenced and attached Interlocal Agreement at its January 23, 2006 meeting. In accordance with the requirements of Exhibit B to this Interlocal Agreement, please be further advised that the City of Winter Springs is opting to pay the County directly for disposal services. Accordingly, please provide for our Environmental Administrative Revenue Share and our Recycling Revenue Share as a credit on the City's monthly disposal fee statement. Please remit related invoices and statements to: City of Winter Springs Attn: Accounts Payable 1126 E State Road 434 Winter Springs, FL 32708 Thank you for you attention to this matter. Please contract me if you need additional information. Since~~ /~ R-lnald W. McLemore City Manager KS/jp cc: John Cirello, Director, Department of Environmental Services Attachment Dori Fisher 01 2506 SEMINOLE COUN'l'Y AND CI'l'Y'OF WIN'l'ER SPRINGS SOLID WAS'l'E MANAGEMENT AGREEMENT 'l'HIS AGREEMENT, made and entered into this day of , 20 by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and the CI'l'Y OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "CITY". W I 'l' N E SSE 'l' H: WHEREAS, Chapter 403, Part IV, Florida Statutes, delegates the responsibility for providing solid waste disposal facilities to coun- ties; and, WHEREAS, landfilling is the primary method of solid waste dis- posal in Seminole County, Florida; and, ( WHEREAS, on or about September 28, 1994, the COUNTY and CITY en- tered into a Solid Waste Management Interlocal. Agreement and the par- ties now desire to terminate said Agreement and enter into a new agreement which shall wholly and completely supercede said Agreement; and WHEREAS, the CITY provides for collection and disposal of solid waste from the residents and businesses located within its ,geographic boundaries and the CITY recognizes the need for safe and sanitary processing and disposal of solid waste; and WHEREAS, the CITY desires to participate in a coordinatedcourity- wide program for the management of solid waste and control of solid waste processing and disposal in compliance with Federal, State and 1 local regulations to prevent, control and abate air, water and ground pollution; and WHEREAS, the CITY and the COUNTY recognize the need to plan and develop an adequate solid waste system to benefit all residents of Seminole County, Florida; and WHEREAS, the CITY and the COUNTY recognize the importance of en- vironmentally responsible solid waste disposal capacity; and WHEREAS, the CITY recognizes that the COUNTY's infrastructure provides for the construction, operation, repair and maintenance of COUNTY solid waste disposal facilities, and that this infrastructure was established, and is available, for the use and betterment of all municipalities within the COUNTY; and WHEREAS, the CITY recognizes that the cost of existing disposal infrastructure is solely supported by the COUNTY's Solid Waste Manage- ment Division revenues; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages coun- ties to enter into interlocal agreements with municipalities for coop- . erative solid waste management, including establishing recycling pro- grams and pursue recycling activities to reduce the impact of solid waste disposal on landfills; and WHEREAS, the CITY desires to cooperate with the COUNTY toward achievement and maintenance of the State of Florida's recycling goal and compliance with Chapter 403, Part IV, Florida Statutes, NOW, THEREFORE, . in consideration of the mutual coverjants and promises by and between the parties hereto, and for the mutual benefit 2 of the CITY and COUNTY and their respective citizens, the parties agree, as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have re- lied. SECTION 2. DEFINITIONS. The following definitions apply to this Agreement unless specified otherwise: (a) Agreement: Shall mean this written document and all amend- ments to it. (b) Biological Waste: Shall mean any solid waste that causes or has the capability of causing disease or infection and includes biomedical waste, animals which died from disease, and other wastes capable of transmitting pathogens to humans or animals. (c) Biomedical Waste: Shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term in- cludes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, human blood products and body fluids; and other materials which in the opinion of the State of Florida Department of Health represents a significant risk of in- fection to persons outside the generating facility. (d) Bulky Waste: Shall mean any item whose large size or weight precludes or complicates its handling by normal collection, processing, or disposal methods. . (e) City: Shall mean the City of Winter Springs. 3 (f) Contractor: Shall mean any person, firm or company that has entered or will enter into an agreement with the COUNTY or CITY for solid waste, recycling, or yard waste collection and disposal ser- vices. . (g) Construction and Demolition Debris (C&D): Shall mean dis- carded materials generally considered to be non-water soluble and non- hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction or destruction of a structure as part of a con- struction or demolition project. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a constructions proj ect <;ind clean cardboard, paper, plastic, wood, or metal scraps from a construction project. (h) COUN'1'Y: Shall mean Seminole County, Florida, a political subdivision of the State of Florida. (i) Designated Facility: Shall mean the disposal facility(ies) designated by the CO~TY for receiving solid waste, yard waste, white goods, bulky waste or recyclable material under this Agreement within the solid waste management system. The Designated Facilities pursuant to this Agreement are specified in Exhibit "A", attached hereto and incorporated herein. (j) Disposal Fees: Shall mean the rates charged for disposal or processing of items at the- Designated Facilities. The Disposal F~es pursuant to this Agreement are specified in Exhibit "B", attached hereto and incorporated herein. 4 (k) Garbage: Shall mean all kitchen and table food waste and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. (1) Hazardous Waste: Shall mean solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may c.ause, or significantly contribute to, an in- crease in mortality or an increase in serious irreversible or. inca- pacitating reversible illness or may pose a substantial present or po- tential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. (m) Household Waste: Shall mean any solid waste, including gar- bage, trash and sanitary waste in septic tanks, derived from house- holds, including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, camp- grounds, picnic grounds, and day use recreation areas. (n) Municipal Customer: Shall mean a municipality that col- lects refuse and delivers the collected refuse in collection vehicles to a COUNTY facility, or a municipality that contracts for the collec- tion of refuse and directs its contractor to deliver the collected re- fuse in collection vehicles to a COUNTY facility. (0) Recyclable Material: Shall mean materials capable of being recycled under the COUNTY's Recycling Program and which would other- wise be processed or disposed of as. solid waste. Recyclable Material includes newspapers (including inserts), magaziI)es and catalogs, clear, green and brown glass bottles and jars, plastic bottles .(Nos .1- 7), aluminum and steel cans (including empty aerosol cans) which are 5 collected from curbside recycling programs. Recyclable materials also include telephone books that may be collected annuqlly. (p) Resident: Shall mean a person whose domicile is within the boundaries of the CITY or the unincorporated COUNTY. (q) Residential Waste: Household refuse generated from the do- mestic acti vi ties of a resident's domicile. Residential waste does not include refuse generated from commercial activities in a domicile or commercial waste brought to a domicile. (r) Recycling: Shall mean any process by which solid waste, or materials which would have otherwise become solid waste, are col- lected, separated or processed and reused or returned to use in the form of raw materials or products. (s) Solid Waste: Shall mean sludge unregulated under the Fed- eral Clean Water Act or Federal Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution con- trol facility; or garbage, rubbish, refuse, special waste, or other discarded material including solid, liquid or semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, min- ing, agricultural or governmental operations. (t) Special Waste: Shall mean those wastes requiring special handling and management, including, but not limited to, white goods, waste tires, used oil, lead acid batteries, construction and demoli- tion debris, ash residue, yard waste, biological wastes, and mercury containing devices or lamps. 6 (u) White Goods: Shall mean inoperative and discarded refrig- era tors , ranges, washers,. water heaters, freezers and other similar domestic and commercial large appliances. (v) Yard Waste: Shall mean vegetative matter resulting from landscaping maintenance or land clearing operations and includes mate- rials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps. SECTION 3. COUNTY RESPONSIBILITIES. (a) The COUNTY agrees to maintain its disposal facilities to ensure adequate capacity for all of the CITY's solid waste disposal and to operate in accordance with all applicable local, State and Fed- eral environmental regulations. (b) The COUNTY agrees to make its disposal facilities available to the CITY, the residents of the CITY, and the CITY's residential and commercial collection contractor(s) for the Disposal Fees specified in Exhibit "B" at the Designated Facilities for solid waste, yard waste and recyclable material generated from. residential and commercial sources. (c) The COUNTY agrees to provide to the CITY the lowest Dis- posal Fees charged to any Municipal Customer. The COUNTY further agrees to provide to the CITY the highest Environmental Administrative Revenue Share and Recycling Revenue Share provided to any municipal customer. (d) The COUNTY may increase or decrease these fees as set forth herein. The COUNTY agrees to maintain reasonable Disposal Fees as set by the Board of County Commissioners and established by resolution. 7 Fee increases shall be consistent with the reasonable costs required to operate and maintain the COUNTY's solid waste management system. (1) The initial Disposal Fee schedule shall remain in ef- fect until September 30, 2007. On October 1, 2007, and annually thereafter, as established by resolution of the Board of County Com- missioners, the COUNTY may increase disposal charges and recycling processing charges by a rate equal to the increase in the Consumer Price Index - All Urban Consumers (CPI-U). The first rate determina- tion period shall be from January 1, 2006 to the date the new fee schedule is proposed. Subsequent rate determination periods shall be from the date the most recent rate was set to the date the new fee schedule is proposed. CPI price increases will take effect on or af- ter October 1 annually. (2 ) Disposal Fee i'ncreases directly attributable to changes in law including mandates imposed by Federal and State regula- . tory agencies shall not be limited by the CPI. The COUNTY shall promptly notify the CITY of any impending or anticipated increases di- rectly attributable to changes in law, including mandates. The COUNTY shall provide to the CITY a written explanation of the fee increase attributable to a change in law. The increase in the Disposal Fee shall take effect after the COUNTY gives ninety (90) days written no- tice to the CITY that said increase is required. (3) The COUNTY may initiate non-CPI Disposal fee increases beyond the CPI for reasons otp.erthan changes in law. The COUNTY shall .pr()vide to the CITY a written eXplanation of any non-CPI Dis": posal Fee increase. If the CITY chooses not to accept the non-CPI 8 Disposal Fee increase proposed by the COUNTY, the CITY may terminate this Agreement with ninety (90) days written notice to the COUNTY. (e) The COUNTY agrees to pay CITY an Environmental Administra- tive and Recycling Share for residential solid waste and recyclables as set forth in Exhibit "B". (f) The COUNTY agrees to maintain and provide services to the CITY as outlined herein: (1) Tire Amnesty Days, held periodically each year at the Designated Facilities, at which there shall be no charge to residents for the disposal of tires generated from their residential property. (2) Household Hazardous Waste Disposal. There shall be no charge to residents for the disposal of household hazardous waste gen- erated from their residential property when delivered to the Desig- nated Facilities. (3) Household Hazardous Waste Amnesty Day(s), held in various locations, at which there shall be no charge to residents for the disposal of hazardous waste generated from their residential prop- erty. (4) Used oil Collection Centers, at which there shall be no charge to residents for .the disposal of used motor oil g~nerated from their residential property. (5) Sharps Disposal Program, at which there shall be no charge to residents requiring the use of medical sharps, needles or lancets, for Sharps containers and the disposal of the sharps gener- ated from their personal use. The Sharps Disposal containers shall be 9 available at Fire Stations, Health Department locations, and the Des- ignated Facilities. (6) Inspections shall be provided to businesses generating small quantities of hazardous waste at no charge to the business owner in compliance with Section 403.7225 (11), Florida Statutes. These in- spections shall assess, notify and verify potential and known genera- tors generating less than 2,200 pounds of hazardous waste in a calen- dar month. Section 403.7234, Florida Statutes, requires that each county notify known and potential small quantity generators of their legal responsibilities regarding proper waste management practices, and provide a list of available hazardous waste management alterna- tives. (7) Hazardous Material Spill Response Coordination. The COuNTY's Environmental Compliance Assistance an~ Pollution Prevention Programs (ECAP3) Team will be available to the CITY to provide assis- tance and technical direction in responding to situations involving hazardous materials spill. (8) Environmental education shall be provided to include, but not be limited to, hazardous waste, pollution and litter preven- tion, recycling and waste reduction at schools, special events, Desig- nated Facilities, businesses, civic and homeowner association meet- ings. (9) Environmental monitoring shall be provided to ensure the Designated Facilities and solid waste management facilities remain in compliance with all local, State and Federal regulations. 10 (10) Environmental investigation and enforcement cbopera- tion shall be provided. The County's ECAP3 Team will contirtue to co- ordinate Environmental Task Force meetings where local agencies can coordinate on environmental crimes initiatives. (11) Conditionally Exempt Small Quantity Generator Business Collection Events, held periodically, at a Designated Facility or various sites, at which the County shall extend its contracted dis- posal rate for disposal of hazardous waste generated at business (businesses must meet Federal and State regulations concerning hazarq- ous waste management and transport) . (12) Disaster Recovery. The COUNTY shall work to coopera- tively respond with the CITY for the collection and management of de- bris management during disaster' recovery efforts. The COUNTY's con- tract for debris management is available for the CITY to "piggy-back" a contract for services. (13) Mulch and compost shall be available to residents and businesses at the Designated Facilities, at no charge for their use, when the resident or business provides the means to collect and trans- port mulch and compost from the Designated Facilities. (14) Recycling Centers, at the Designated Facilities, shall be available at no charge for residents and businesses to deliver re- cyclable materials generated from their residential or commercial property. (15) Cooperation on any solid waste mahagement grant pro- grams. 11 SECTION 4. CITY RESPONSIBILITIES. (a) The CITY agrees that all solid waste and recyclable materi- als deemed suitable for processing and disposal collected by or on be- half of the CITY shall be disposed of at the COUNTY Designated Facili- ties, as set forth in Exhibit "A". (b) The CITY agrees to cooperate with the COUNTY to provide all necessary information to the COUNTY so that the CITY and the COUNTY can determine the quanti ty of the CITY's solid waste and recyclable material being delivered to the Designated Facilities. (c) The CITY agrees to collect or enter into a collection con- tract for recyclable materials consistent with recyclables materials accepted and managed by the COUNTY. (d) The CITY agrees to amend its existing solid waste, yard waste and/or recyclable materials collection agreements, if any, to ensure disposal of all solid waste, yard waste and recyclable materi- als at COUNTY Designated Facilities as set forth in Exhibit "A". (e) The CITY agrees to amend its commercial solid waste fran- chise agreements, if any, to include language directing commercial solid waste to the COUNTY Designated Facilities set forth in Exhibit "A" . (f) The CITY agrees that as long as this Agreement is in effect and unless it is a violation of any Federal anti-trust law, it shall not construct, acquire, operate, or permit any solid waste disposal area which may compete or tend to compete with the COUNTY's System. (g) The CITY agrees to cooperate with the COUNTY to provide all necessary information tp the COUNTY to determine if the COUNTY is 12 meeting the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. (h) The CITY agrees to provide the COUNTY monthly recycling re- ports by the 10th day of each month following service. (i) The CITY agrees to cooperate with the COUNTY on any solid waste management grant programs. (j) For the purposes of this Section, solid waste shall not mean construction and demolition debris. SECTZON 5. EFFECTIVE DATE. This Agreement shall become effective March 1, 2006 and remain in full force and effect for ten (10) years and shall automatic~lly be renewed annually thereafter unless termi- nated earlier by either mutual agreement or by one (1) year prior written notice provided, as set forth. hereunder, to the other party on or before the annual renewal date. SECTZON 6. INDEMNZFlCATION. (a) Each party to this Agreement is responsible for all per- sonal injury and property damage attributable to the negligent acts or omissions arising out of this Agreement of that party and the offi- cers, employees and agents thereof. (b) The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such 'parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the parties beyond the waiver provided for in Section 768.28, F~orida Statutes. 13 (c) The waiver of a provision herein by either party shall not constitute the further waiver of said provision or the waiver of any other provision. SECTION 7. FORCE MAJEURE. In the event that performance by the COUNTY or CITY of any of their responsibilities under this Agreement shall be interrupted, delayed, or prevented by an occurrence not occa- sioned by the conduct of such party, whether such occurrence be an act of God or any other occurrence whatsoever that 'is beyond the reason- able control of such party, including, but not limited to, a change in environmental law or regulation rendering performance impractical or impossible, then such party shall be excused from such performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof, or until such performance is no longer im- practical or impossible. SECTION 8. NO'l'ICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by cer- tified United States mail, with return receipt requested, addressed to the .party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Sec- tion. For the pres~nt, the parties designate the following as the re- spective places for giving of notice, to wit: For COUNTY: Seminole County Department of Environmemtal. Services 1101 East First Street Sanford, FL 32771 Attention: Department Director 14 For CITY: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32771 Attention: City Manager SECTION 9. MODIFICATIONS, ~MEN'l'S OR ALTERATIONS. No modifi- cation, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document exe- cuted with the same formality and of equal dignity herewith. SECTION 10. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties. SECTION 11. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written approval of the other. SECTION 12. PUBLIC RECORDS LAW. CITY acknowledges COUNTY's obli- gations under Article 1, Section 24, Florida Constitution and Chapter 119, .Florida Statutes, to release public records to members of the pub- lic upon request. CITY acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Flor- ida Statutes, in the handling of the materials created under this Agree- ment and that said statute controls over the terms of this Agreement. SECTION 13 . DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is made for the sole benefit of the parties hereto and their respective successors and assigns and is not intended to and shall not benefit any third party. No third party shall have any rights hereunder or as a result of this Agreement or. any right to enforce any provisions of this Agreement. 15 SECTION 14. TIME OF THE ESSENCE. Time is of the essence rela- tive to all aspects of performance under the terms of this Agreement. SECTION 15. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulat- ing the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the other party to terminate this Agreement immediately upon delivery of written notice of termination to the other party as provided hereinabove. SECTION 16. DEFAULT. If any CITY or COUNTY fails to perform any of the terms and conditions of this Agreement for a period of sixty (60) days after receipt of notice of such default from the other party, the party giving notice of default may be entitle to seek spe- cific performance of this Agreement. The parties each acknowledge that money damages may be an inadequate remedy for the failure of per- formance and that the party giving notice is entitled to seek an order requiring specific performance by the defaulting party. In the event that such an order is sought, each party shall be responsible for its own costs, and expenses so incurred, including all attorneys fees, if applicable. Failure of any party to exercise its rights in the event of any breach by another party shall not constitute a waiver of such rights. No party shall be deemed to have waived any breach by another party unless such waiver is reduced to wri ting and executed by the waiving party. Such written waiver shall be limited to terms specifi- 16 cally 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. SECT~ON 17. SEVERAB~L~TY. If anyone (1) or more of the cove- nants or provisions of this Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever, be held invalid then such covenants or pro- visions shall be null and void, shall be deemed separable from the re- maining covenants or provisions of this Agreement, and shall in no way effect the validity of the remaining covenants or provisions of this Agreement. CITY OF WINT$R SPRINGS f~ BUSH, Mayor Date: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: CARLTON HENLEY, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida~ Date: For the use and reliance of Seminole County only. As authorized for execution by the Board of County Commissioners at their , 20____ regular meeting. Approved as to form and legal sufficiency County Attorney 17 SED/lpk 11/8/02 11/12/02 6/9/03 7/16/03 12/1/03 12/16/03 12/16/05 12/30/05 interlocal w Winter Springs-solid waste Attachments: Exhibit "A" - Designated Facilities Exhibit "B" - Fees and Payments 18 EXHIBIT "A" DESIGNATED FACILITIES Designated Facilities under the terms of this Agreement shall be: 1) The Seminole County Osceola Road Landfill located at 1930 East Osceola Road, Geneva, and 2) The Central Transfer Station located at 1634 State Road 419, Longwood The Seminole County Osceola Road Landfill accepts solid waste, yard waste, construction and demolition debris, tires, and white goods. The Central Transfer Station accepts solid waste, yard waste, and re- cyclables. Citizen delivered household hazardous waste is accepted at the Central Transfer Station and the Osceola Road Landfill. The Seminole County Osceola Road Landfill and the Central Transfer Station do not accept biological or biomedical wastes. 19 EXHIBIT "B" FEES AND PAYMENTS Seminole County Solid Waste Disposal Fee: (Per County Rate Resolution) $33.17 per ton . Environmental Administrative Revenue Share: $3 per ton Municipal Customer Recyclables Disposal Fee: No Charge Recyclables Processing Fee: $20 per ton Minimum Recycling Revenue Share to City $ 6 per ton based on calculation below A. ENVIRONMENTAL REVENUE SHARE Environmental Administrative Revenue Share Calculation The COUNTY shall provide to the CITY an Environmental Administrative Revenue Share of $3.00 per ton. The Environmental Administrative Revenue Share shall be based upon the tonnage of Residential Waste (solid waste and yard waste) delivered to the Designated Facility by the City's contractor. The City shall direct its contractor to operate Residential Waste collection routes to assure the delivery of discrete loads comprised solely of City generated solid waste or yard waste to the Designated Facilities. The CITY and its contractor shall provide sufficient truck and route information so that the COUNTY and the CITY can track and monitor the quantity of residential solid waste and yard waste delivered by the CITY's contractor to the Designated Facilities. The CITY's contractor's trucks shall be clearly marked as delivering waste from only the CITY to the Designated Facilities. The Environmental Administrative Revenue Share shall be provided as a credit on each month's disposal fee statement for the CITY if the CITY chooses to pay the COUNTY directly for disposal, or the. Environmental Revenue Share shall be provided as a credit on the CITY's contractor's monthly disposal fee statement if the CITY chooses to have its contractor pay for waste disposal. Prior to the effective date of this agreement, the City Manager shall provide written instruction to the COUNTY concerning how credit for the Environmental Revenue Share shall be provided. B. RECYCLING REVENUE SHARE Recvclina Revenue Share Backaround The County shall pay directly to the City a revenue share based on the County's Recycling Processing Agreement which expires on December 31,2009. The.County's Recycling Processing Agreement currently contains the followilig~oor priCes: Fiber Stfi.El. am (FS): $42 per ton Commingle containers (CC): $ :2.50 per ton . The County's Recycling Processing Agreement provides for Processing Payments to be made to the County at or above the floor amount. The description of payments to be made to the 20 County by its contractor is described in Exhibit "A" of FIRST AMENDMENT TO RECYCLING PROCESSING AGREEMENT (RFP-4114-01/JVP), effective February 20,2004, expires December 31, 2009. Recyclina Revenue Share Calculation The COUNTY shall pay the CITY a per ton rate equal to the Processing Payment received by the County less the Recyclables Processing Fee. The Recycling Revenue Share shall be calculated as follows: 1. Processing Payment the County receives from its contractor is determined by the formula: County's Processing Payment = (Tons CC X Price CC) + (Tons FS X Price FS) 2. The City's percentage break down of percent CC and percent FS is assumed to be the same as the percentage breakdown of the overall shipments made by the County to its contractor each month. 3. Recycling Revenue Share = (Tons of Recyclables delivered by City X percent CC X Price CC) + (Tons of Recyclables delivered by City X percent FS X Price FS) - (Tons of Recyclables delivered by City X Recycling Processing Fee). 4. The County shall provide a detailed description of the Recycling Revenue Share Calculation on a monthly basis with the Recycling Revenue Share payment. The Recycling Revenue Share shall be provided as a credit on each month's disposal fee statement for the CITY if the CITY chooses to pay the COUNTY directly for disposal, or the Recycling Revenue Share shall be paid directly to the CITY on a monthly basis. Prior to the effective date of this agreement, the City Manager shall provide written instruction to the COUNTY concerning how credit for the Environmental Revenue Share shall be provided. At the expiration of the County's recycling contract, the COUNTY and the Municipality shall negotiate a revenue share for the recyclable materjal based on the COUNTY's next recycling contract. The COUNTY shall advise the CITY as to the status of negotiations. The COUNTY shall consider any written input received from the CITY during the course of such negotiations in . order to provide benefits and advantages resulting from such negotiations to both parties. The CITY shall require its contractor to operate recycling collection routes to assure the delivery of discrete loads comprised solely of Municipality recyclables to COUNTY facilities. The CITY and its contractor shall provide sufficient truck and route information so that the COUNTY and the CITY can track and monitor the quality of recyclables delivered by the CITY's contractor to COUNTY facilities. The CITY's contractor's trucks shall be clearly marked as delivering recyclables from only the CITY to the Designated Facilities. 21 . .. s . . SEMINOLE COUNTY AND CITY OF WINTER SPRINGS SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT, made and entered into this .;l~ day of ru. , 20tJIr. by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as ~COUNTY," and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as ~CITY". WIT N E SSE T H: WHEREAS, Chapter 403, Part IV, Florida Statutes, delegates the responsibility for providing solid waste disposal facilities to coun- ties; and, WHEREAS, landfilling is the primary method of solid waste dis- posal in Seminole County, Florida; and, WHEREAS, on or about September 28, 1994, the COUNTY and CITY en- \ tered into a Solid Waste Management Interlocal. Agreement and the par- ties now desire to terminate said Agreement and enter into a new agreement which shall wholly and completely supercede said Agreement; and WHEREAS, the CITY provides for collection and disposal of solid waste from the residents and businesses located within its .geographic boundaries and the CITY recognizes the need for safe and sanitary processing and disposal of solid waste; and WHEREAS, the CITY desires to participate in a coordinated county- wide program for the management of solid waste and control of solid waste processing and disposal in compliance with Federal, State and CERTIFIED COpy 1 MARYANNE MORSE CLERK OF CIRCUIT COURT 8:~ 4b:' :~RI~A , . local regulations to prevent, control and abate air, water and ground pollution; and WHEREAS, the CITY and the COUNTY recognize the need to plan and develop an adequate solid waste system to benefit all residents of Seminole County, Florida; and WHEREAS, the CITY and the COUNTY recognize the importance of en- vironmentally responsible solid waste disposal capacity; and WHEREAS, the CITY recognizes that the COUNTY's infrastructure provides for the construction, operation, repair and maintenance of COUNTY solid waste disposal facilities, and that this infrastructure was established, and is available, for the use and betterment of all municipalities within the COUNTY; and WHEREAS, the CITY recognizes that the cost of existing disposal infrastructure is solely supported by the COUNTY's'Solid Waste Manage- ment Division revenues; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages coun- ties to enter into interlocal agreements with municipalities for coop- erative solid waste management, including establishing recycling pro- grams and pursue recycling activities to reduce the impact of solid waste disposal on landfills; and WHEREAS, the CITY desires to cooperate with the COUNTY toward achievement and maintenance of the State of Florida's recycling goal and compliance with Chapter 403, Part IV, Florida Statutes, NOW, THEREFORE, in consideration of the mutual covenants and promises by and between the parties hereto, and for the mutual benefit 2 , . of the CITY and COUNTY and their respective citizens, the parties agree, as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have re- lied. SECTION 2. DEFINITIONS. The following definitions apply to this Agreement unless specified otherwise: (a) Agreement: Shall mean this written document and all amend- ments to it. (b) Biological Waste: Shall mean any solid waste that causes or has the capability of causing disease or infection and includes biomedical waste, animals which died from disease, and other wastes capable of transmitting pathogens to humans or animals. (c) Biomedical Waste: Shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term in- cludes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, human blood products and body fluids; and other materials which in the opinion of the State of Florida Department of Health represents a significant risk of in- fection to persons outside the generating facility. ( d) Bulky Waste: Shall mean any item whose large size or weight precludes or comPlicates its handling by normal collection, processing, or disposal methods. (e) City: Shall mean the City of Winter Springs. 3 " . (f) Contractor: Shall mean any person, firm or company that has entered or will enter into an agreement with the COUNTY or CITY for solid waste, recycling, or yard waste collection and disposal ser- vices. (g) Construction and Demolition Debris (C&D): Shall mean dis- carded materials generally considered to be non-water soluble and non- hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber from the construction or destruction of a structure as part of a con- struction or demolition project. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a constructions proj ect and clean cardboard, paper, plastic, wood, or metal scraps from a construction project. (h) COUNTY: Shall mean Seminole County, Florida, a political subdivision of the State of Florida. (i) Designated Facility: Shall mean the disposal facility(ies) designated by the COUNTY for receiving solid waste, yard waste, white goods, bulky waste or recyclable material under this Agreement within the solid waste management system. The Designated Facilities pursuant to this Agreement are specified in Exhibit "A", attached hereto and incorporated herein. (j) Disposal Fees: Shall mean the rates charged for disposal or processing of items at the Designated Facilities. The Disposal Fees pursuant to this Agreement are specified in Exhibit "B", attached hereto and incorporated herein. 4 (k) Garbagl;t: Shall mean all kitchen and table food waste and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. (1) Hazardous Waste: Shall mean solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an in- crease in mortality or an increase in serious irreversible or inca- pacitating reversible illness or may pose a substantial present or po- tential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. (m) Household Waste: Shall mean any solid waste, including gar- bage, trash and sanitary was te in septic tanks , derived from house- holds, including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, camp- grounds, picnic grounds, and day use recreation areas. (n) Municipal Customer: Shall mean a municipality that col- lects refuse and delivers the collected refuse in collection vehicles to a COUNTY facility, or a municipality that contracts for the collec- tion of refuse and directs its contractor to deliver the collected re- fuse in collection vehicles to a COUNTY facility. (0) Recyclable Material: Shall mean materials capable of being recycled under the COUNTY's Recycling Program and which would other- wise be processed or disposed of as solid waste. Recyclable Material includes newspapers (including inserts), magazi~es and catalogs, clear, green and brown glass bottles and jars, plastic bottles (Nos.l- 7), aluminum and steel cans (including empty aerosol cans) which are 5 collected from curbside recycling programs. Recyclable materials also include telephone books that may be collected annually. (p) Resident: Shall mean a person whose domicile is within the boundaries of the CITY or the unincorporated COUNTY. (q) Residential Waste: Household refuse generated from the do- mestic acti vi ties of a resident's domicile. Residential waste does not include refuse generated from commercial activities in a domicile or commercial waste brought to a domicile. (r) Recycling: Shall mean any process by which solid waste, or materials which would have otherwise become solid waste, are col- lected, separated or processed and reused or returned to use in the form of raw materials or products. (s) Solid Waste: Shall mean sludge unregulated under the Fed- eral Clean Water Act or Federal Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or air pollution con- trol facility; or garbage, rubbish, refuse, special waste, or other discarded material including solid, liquid or semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, min- ing, agricultural or governmental operations. (t) Special Waste: Shall mean those wastes requiring special handling and management, including, but not limited to, white goods, waste tires, used oil, lead acid batteries, construction and demoli- tion debris, ash residue, yard waste, biological wastes, and mercury containing devices or lamps. 6 (u) White Goods: Shall mean inoperative and discarded refrig- erators, ranges, washers, water heaters, freezers and other similar domestic and commercial large appliances. (v) Yard Waste: Shall mean vegetative matter resulting from landscaping maintenance or land clearing operations and includes mate- rials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps. SECTION 3. COUNTY RESPONSIBILITIES. (a) The COUNTY agrees to maintain its disposal facilities to ensure adequate capacity for all of the CITY's solid waste disposal and to operate in accordance with all applicable local, State and Fed- eral environmental regulations. (b) The COUNTY agrees to make its disposal facilities available to the CITY, the residents of the CITY, and the CITY's residential and commercial collection contractor(s) for the Disposal Fees specified in Exhibit "B" at the Designated Facilities for solid waste, yard waste and recyclable material generated from' residential and commercial sources. (c) The COUNTY agrees to provide to the CITY the lowest Dis- posal Fees charged to any Municipal Customer. The COUNTY further agrees to provide to the CITY the highest Environmental Administrative Revenue Share and Recycling Revenue Share provided to any municipal customer. (d) The COUNTY may increase or decrease these fees as set forth herein. The COUNTY agrees to maintain reasonable Disposal Fees as set by the Board of County Commissioners and established by resolution. 7 . . Fee increases shall be consistent with the reasonable costs required to operate and maintain the COUNTY's solid waste management system. (1) The initial Disposal Fee schedule shall remain in ef- fect until September 30, 2007. On October I, 2007, and annually thereafter, as established by resolution of the Board of County Com- missioners, the COUNTY may increase disposal charges and recycling processing charges by a rate equal to the increase in the Consumer Price Index - All Urban Consumers (CPI-U). The first rate determina- tion period shall be from January I, 2006 to the date the new fee schedule is proposed. Subsequent rate determination periods shall be from the date the most recent rate was set to the date the new fee schedule is proposed. CPI price increases will take effect on or af- ter October 1 annually. (2) 'Disposal Fee increases directly attributable to changes in law including mandates imposed by Federal and State regula- . tory agencies shall not be limited by the CPI. The COUNTY shall promptly notify the CITY of any impending or anticipated increases di- rectly attributable to changes in law, including mandates. The COUNTY shall provide to the CITY a written explanation of the fee increase attributable to a change in law. The increase in the Disposal Fee shall take effect after the COUNTY gives ninety (90) days written no- tice to the CITY that said increase is required. (3) The COUNTY may initiate non-CPI Disposal Fee increases beyond the CPI for reasons otper than changes in law. The COUNTY shall provide to the CITY a written explanation of any non-CPI Dis- posal Fee increase. If the CITY chooses not to accept the non-CPI 8 Disposal Fee increase proposed by the COUNTY, the CITY may terminate this Agreement with ninety (90) days written notice to the COUNTY. (e) The COUNTY agrees to pay CITY an Environmental Administra- tive and Recycling Share for residential solid waste and recyclables as set forth in Exhibit "B". (f) The COUNTY agrees to maintain and provide services to the CITY as outlined herein: (1) Tire Amnesty Days, held periodically each year at the Designated Facilities, at which there shall be no charge to residents for the disposal of tires generated from their residential property. (2) Household Hazardous Waste Disposal. There shall be no charge to residents for the disposal of household hazardous waste gen- erated from their residential property when delivered to the Desig- nated Facilities. (3) Household Hazardous Waste Amnesty Day(s), held in various locations, at which there shall be no charge to residents for the disposal of hazardous waste generated from their residential prop- erty. 9 available at Fire Stations, Health Department locations, and the Des- ignated Facilities. (6) Inspections shall be provided to businesses generating small quantities of hazardous waste at no charge to the business owner in compliance with Section 403.7225 (11), Florida Statutes. These in- spections shall assess, notify and verify potential and known genera- tors generating less than 2,200 pounds of hazardous waste in a calen- dar mon th . Section 403.7234, Florida Statutes, requires that each county notify known and potential small quantity generators of their legal responsibilities regarding proper waste management practices, and provide a list of available hazardous waste management al terna- tives. (7) Hazardous Material Spill Response Coordination. The COUNTY's Environmental Compliance Assistance anq Pollution Prevention Programs (ECAP3) Team will be available to the CITY to provide assis- tance and technical direction in responding to situations involving hazardous materials spill. (8) Environmental education shall be provided to include, but not be limited to, hazardous waste, pollution and litter preven- tion, recycling and waste reduction at schools, special events, Desig- nated Facilities, businesses, civic and homeowner association meet- ings. (9) Environmental moni toring shall be provided to ensure the Designated Facilities and solid waste management facilities remain in compliance with all local, State and Federal regulations. 10 . . (10) Environmental investigation and enforcement coopera- tion shall be provided. The County's ECAP3 Team will continue to co- ordinate Environmental Task Force meetings where local agencies can coordinate on environmental crimes initiatives. (11) Conditionally Exempt Small Quantity Generator Business Collection Events, held periodically, at a Designated Facility or various sites, at which the County shall extend its contracted dis- posal rate for disposal of hazardous waste generated at business (businesses must meet Federal and State regulations concerning hazard- ous waste management and transport) . (12) Disaster Recovery. The COUNTY shall work to coopera- tively respond with the CITY for the collection and management of de- bris management during disaster' recovery efforts. The COUNTY's con- tract for debris management is available for the CITY to Upiggy-back" a contract for services. (13) Mulch and compost shall be available to residents and businesses at the Designated Facilities, at no charge for their use, when the resident or business provides the means to collect and trans- port mulch and compost from the Designated Facilities. (14) Recycling Centers, at the Designated Facilities, shall be available at no charge for residents and businesses to deliver re- cyclable materials generated from their residential or commercial property. (15) Cooperation on any solid waste management grant pro- grams. 11 SECTION 4. CITY RESPONSIBILITIES. (a) The CITY agrees that all solid waste and recyclable materi- als deemed suitable for processing and disposal collected by or on be- half of the CITY shall be disposed of at the COUNTY Designated Facili- ties, as set forth in Exhibit "A". (b) The CITY agrees to cooperate with the COUNTY to provide all necessary information to the COUNTY so that the CITY and the COUNTY can determine the quantity of the CITY's solid waste and recyclable material being delivered to the Designated Facilities. (c) The CITY agrees to collect or enter into a collection con- tract for recyclable materials consistent with recyclables materials accepted and managed by the COUNTY. (d) The CITY agrees to amend its existing solid waste, yard waste and/or recyclable materials collection agreements, if any, to ensure disposal of all solid waste, yard waste and recyclable materi- als at COUNTY Designated Facilities as set forth in Exhibit "A". (e) The CITY agrees to amend its commercial solid waste fran- chise agreements, if any, to include language directing commercial solid waste to the COUNTY Designated Facilities set forth in Exhibit "A" . (f) The CITY agrees that as long as this Agreement is in effect and unless it is a violation of any Federal anti-trust law, it shall not construct, acquire, operate, or permit any solid waste disposal area which may compete or tend to compete with the COUNTY's System. (g) The CITY agrees to cooperate with the COUNTY to provide all necessary information tp the COUNTY to determine if the COUNTY is 12 .0 . meeting the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. (h) The CITY agrees to provide the COUNTY monthly recycling re- ports by the 10th day of each month following service. (i) The CITY agrees to cooperate with the COUNTY on any solid waste management grant programs. (j) For the purposes of this Section, solid waste shall not mean construction and demolition debris. SECTION 5. EFFECTrvE DATE. This Agreement shall become effective March 1, 2006 and remain in full force and effect for ten (10) years and shall automatic~lly be renewed annually thereafter unless termi- nated earlier by either mutual agreement or by one (1) year prior written notice provided, as set forth hereunder, to the other party on or before the annual renewal date. SECTION 6. INDEMNIFICATION. (a) Each party to this Agreement is responsible for all per- sonal injury and property damage attributable to the negligent acts or omissions arising out of this Agreement of that party and the offi- cers, employees and agents thereof. (b) The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the parties beyond the waiver provided for in Section 768.28, Florida Statutes. 13 (c) The waiver of a provision herein by either party shall not constitute the further waiver of said provision or the waiver of any other provision. SECTION 7. FORCE MAJEURE. In the event that performance by the COUNTY or CITY of any of their responsibilities under this Agreement shall be interrupted, delayed, or prevented by an occurrence not occa- sioned by the conduct of such party, whether such occurrence be an act of God or any other occurrence whatsoever that 'is beyond the reason- able control of such party, including, but not limited to, a change in environmental law or regulation rendering performance impractical or impossible, then such party shall be excused from such performance for such period of time as is reasonably necessary after the occurrence to remedy the effects thereof, or until such performance is no longer im- practical or impossible. SECTION 8. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by cer- tified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Sec- tion. For the present, the parties designate the following as the re- spective places for giving of notice, to wit: For COUNTY: Seminole County Department of Environmental Services 1101 East First Street Sanford, FL 32771 Attention: Department Director 14 . . For CITY: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32771 Attention: City Manager SECTION 9. MODIFICATIONS, ~MENTS OR ALTERATIONS. No modifi- cation, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document exe- cuted with'the same formality and of equal dignity herewith. SECTION 10. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties. SECTION 11. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written approval of the other. SECTION 12. PUBLIC RECORDS LAW. CITY acknowledges COUNTY's obli- gations under Article 1, Section 24, Florida Constitution and Chapter 119,Florida Statutes, to release public records to members of the pub- lic upon request. CITY acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Flor- ida Statutes, in the handling of the materials created under this Agree- ment and that said statute controls over the terms of this Agreement. SECTION 13. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is made for the sole benefit of the parties hereto and their respective successors and assigns and is not intended to and shall not benefit any third party. No third party shall have any rights hereunder or as a result of this Agreement or any right to enforce any provisions of this Agreement. 15 . . SECTION 14. TIME OF THE ESSENCE. Time is of the essence rela- tive to all aspects of performance under the terms of this Agreement. SECTION 15. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulat- ing the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the other party to terminate this Agreement immediately upon delivery of written notice of termination to the other party as provided hereinabove. SECTION 16. DEFAULT. If any CITY or COUNTY fails to perform any of the terms and conditions of this Agreement for a period of sixty (60) days after receipt of notice of such default from the other party, the party giving notice of default may be entitle to seek spe- cific performance of this Agreement. The parties each acknowledge that money damages may be an inadequate remedy for the failure of per- formance and that the party giving notice is entitled to seek an order requiring specific performance by the defaulting party. In the event that such an order is sought, each party shall be responsible for its own costs. and expenses so incurred, including all attorneys fees, if applicable. Failure of any party to exercise its rights in the event of any breach by another party shall not constitute a waiver of such rights. No party shall be deemed to have waived any breach by another party unless such waiver is reduced to writing and executed by the waiving party. Such written waiver shall be limited to terms specifi- 16 cally 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. SECTION 17. SEVERABILITY. If anyone (1) or more of the cove- nants or provisions of this Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever, be held invalid then such covenants or pro- visions shall be null and void, shall be deemed separable from the re- maining covenants or provisions of this Agreement, and shall in no way effect the validity of the remaining covenants or provisions of this Agreement. CITY OF WINTER SPRINGS I~ Date: ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA ~ I " - MORSE C erk to the Board of County Commissioners of Seminole County, Florida'. By. Da te : ~ -;Z r - () ~ For the use and reliance of Seminole County only. As authorized for execution by the Board of County Commissioners a t their ;:=e.6'. / V , 2 O~ regular meeting. Approved as to form and legal sufficiency ~~~ ~ County Attorney ~,. ~ cr,O(p 17 . . SED/lpk 11/8/02 11/12/02 6/9/03 7/16/03 12/1/03 12/16/03 12/16/05 12/30/05 interlocal w Winter Springs-solid waste Attachments: Exhibit UA" - Designated Facilities Exhibit UB" - Fees and Payments 18 EXHIBIT "A" DESIGNATED FACILITIES Designated Facilities under the terms of this Agreement shall be: 1) The Seminole County Osceola Road Landfill located a.t 1930 East Osceola Road, Geneva, and 2) The Central Transfer Station located at 1634 State Road 419, Longwood The Seminole County Osceola Road Landfill accepts solid waste, yard waste, construction and demolition debris, tires, and white goods. The Central Transfer Station accepts solid waste, yard waste, and re- cyclables. Citizen delivered household hazardous waste is accepted at the Central Transfer Station and the Osceola Road Landfill. The Seminole County Osceola Road Landfill and the Central Transfer Station do not accept biological or biomedical wastes. 19 . . EXHIBIT "B" FEES AND PAYMENTS Seminole County Solid Waste Disposal Fee: (Per County Rate Resolution) $33.17 per ton Environmental Administrative Revenue Share: $3 per ton Municipal Customer Recyclables Disposal Fee: No Charge $20 per ton Recyclables Processing Fee: Minimum Recycling Revenue Share to City $ 6 per ton based on calculation below A. ENVIRONMENTAL REVENUE SHARE Environmental Administrative Revenue Share Calculation The COUNTY shall provide to the CITY an Environmental Administrative Revenue Share of $3.00 per ton. The Environmental Administrative Revenue Share shall be based upon the tonnage of Residential Waste (solid waste and yard waste) delivered to the Designated Facility by the City's contractor. The City shall direct its contractor to operate Residential Waste collection routes to assure the delivery of discrete loads comprised solely of City generated solid waste or yard waste to the Designated Facilities. The CITY and its contractor shall provide sufficient truck and route information so that the COUNTY and the CITY can track and monitor the quantity of residential solid waste and yard waste delivered by the CITY's contractor to the Designated Facilities. The CITY's contractor's trucks shall be clearly marked as delivering waste from only the CITY to the Designated Facilities. The Environmental Administrative Revenue Share shall be provided as a credit on each month's disposal fee statement for the CITY if the CITY chooses to pay the COUNTY directly for disposal, or the Environmental Revenue Share shall be provided as a credit on the CITY's contractor's monthly disposal fee statement if the CITY chooses to have its contractor pay for waste disposal. Prior to the effective date of this agreement, the City Manager shall provide written instruction to the COUNTY concerning how credit for the Environmental Revenue Share shall be provided. B. RECYCLING REVENUE SHARE Recyclinq Revenue Share Backqround The County shall pay directly to the City a revenue share based on the County's Recycling Processing Agreement which expires on December 31, 2009. The County's Recycling Processing Agreement currently contains the following floor prices: Fiber stream (FS): $42 per ton Commingle containers (CC): $ 2.50 per ton The County's Recycling Processing Agreement provides for Processing Payments to be made to the County at or above the floor amount. The description of payments to be made to the 20 . . County by its contractor is described in Exhibit "A" of FIRST AMENDMENT TO RECYCLING PROCESSING AGREEMENT (RFP-4114-01/JVP), effective February 20,2004, expires December 31,2009. Recvclinq Revenue Share Calculation The COUNTY shall pay the CITY a per ton rate equal to the Processing Payment received by the County less the Recyclables Processing Fee. The Recycling Revenue Share shall be calculated as follows: 1. Processing Payment the County receives from its contractor is determined by the formula: County's Processing Payment = (Tons CC X Price CC) + (Tons FS X Price FS) 2. The City's percentage break down of percent CC and percent FS is assumed to be the same as the percentage breakdown of the overall shipments made by the County to its contractor each month. 3. Recycling Revenue Share = (Tons of Recyclables delivered by City X percent CC X Price CC) + (Tons of Recyclables delivered by City X percent FS X Price FS) - (Tons of Recyclables delivered by City X Recycling Processing Fee). 4. The County shall provide a detailed description of the Recycling Revenue Share Calculation on a monthly basis with the Recycling Revenue Share payment. The Recycling Revenue Share shall be provided as a credit on each month's disposal fee statement for the CITY if the CITY chooses to pay the COUNTY directly for disposal, or the Recycling Revenue Share shall be paid directly to the CITY on a monthly basis. Prior to the effective date of this agreement, the City Manager shall provide written instruction to the COUNTY concerning how credit for the Environmental Revenue Share shall be provided. At the expiration of the County's recycling contract, the COUNTY and the Municipality shall negotiate a revenue share for the recyclable material based on the COUNTY's next recycling contract. The COUNTY shall advise the CITY as to the status of negotiations. The COUNTY shall consider any written input received from the CITY during the course of such negotiations in order to provide benefits and advantages resulting from such negotiations to both parties. The CITY shall require its contractor to operate recycling collection routes to assure the delivery of discrete loads comprised solely of Municipality recyclables to COUNTY facilities. The CITY and its contractor shall provide sufficient truck and route information so that the COUNTY and the CITY can track and monitor the quality of recyclables delivered by the CITY's contractor to COUNTY facilities. The CITY's contractor's trucks shall be clearly marked as delivering recyclables from only the CITY to the Designated Facilities. 21