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HomeMy WebLinkAboutIRC Recycling Solid Waste AgmtINTERLOCAL AGREEMENT This Agreement, entered into this ~ day of ~ , 1993, by and between the City of Sebastian (hereinafter referred to as the CITY) and Indian River County, Solid Waste Disposal District (hereinafter referred to as the SWDD). WHEREAS, the Statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the Act required counties to develop and implement recycling programs within their jurisdictions to return valuable materials to productive use, to conserve energy and natural resources, and to protect capacity at solid waste management facilities; and WHEREAS, the Act required that said recycling programs be initiated by July 1, 1989; and WHEREAS, in an effort to accomplish the recycling goals of the Act, the SWDD in fiscal year 1991-92 implemented a curbside recycling collection program for single family residences; and WHEREAS, the City, through interlocal agreement, (January 8, 1992) authorized the SWDD to provide the recycling collection program within the city; and WHEREAS, the SWDD, implement curbside recycling to include mobile home parks, in fiscal year 1993-94, intends to collection for multi-family units, and all residential units; and WHEREAS, the city, not having a recycling program, wishes to participate in both the SWDD's multi-family and single family recycling collection program; and WHEREAS, the Act created the Solid Waste Management Trust Fund to provide grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and eduction programs; and WHEREAS, municipalities with populations of 50,000 may not apply individually for grants, but jointly with the SWDD for incentive grant funds; and less than may apply WHEREAS, no local government match is required for these grants if the municipalities representing seventy-five percent (75%) of the incorporated population of the County apply jointly with the SWDD, to the Florida Department of Environmental Protection (FDEP), for these grants; and WHEREAS, in order to apply jointly for these grants the SWDD and the municipalities must enter into interlocal agreements that determine how the grant funds, if awarded, shall be used; and WHEREAS, grant applications submitted to the FDEP must include copies of the interlocal agreements between the SWDD and participating municipalities; and WHEREAS, the participation and cooperation of the CITY and the SWDD is essential to the successful award of a State grant and the development and implementation of a successful recycling and education program in Indian River County; and -1- WHEREAS, it is the desire of the city of Sebastian to apply jointly with the SWDD to FDEP for available recycling and education grants, NOW THEREFORE, the SWDD and the CITY hereto mutually agree as follows: This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect until modified by subsequent agreement. This Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (October 1 of each year) with ninety (90) days written notice. The SWDD shall, in its contractual agreements with franchis- ed collectors, include recycling collection services for all mobile home parks and multi-family and single family units located within the City. The CITY agrees to the service to be provided by the SWDD and shall reasonably cooperate with the SWDD in the implementation and operation of the service. If the CITY should elect to have recycling collection services above and beyond that provided by the SWDD, the CITY shall enter into agreement with the SWDD's contracted collector for those additional services at the CITY's expense. Se The CITY shall reasonably cooperate with the SWDD in pro- viding information necessary to (a) complete the grant applications in accordance with the requirements of FDEP; (b) develop a recycling program to be implemented within the COUNTY and CITY; and (c) prepare the SWDD's annual report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes. The SWDD shall submit grant applications to FDEP during the period covered by this Agreement and by the application deadlines to be established by FDEP. Ail grant funds provided to the SWDD, including those incentive grant funds provided to the SWDD through the participation of the CITY in a joint application for grant funds, shall be utilized by the SWDD for the development implementation, and operation of a County-wide recycling and education program. The solid waste recycling and education grants provided by FDEP may be used for the following purposes: a. Capital costs, if justified to and approved by FDEP; Establishing recycling capability at the County Land- fill, the existing Solid Waste Collection Centers and other satellite sites; c. Provision of recycling collection service; Design and construction of recycling and composting facilities; Shredding of organic materials for composting and or reuse as mulch; f. Promotion of recycling, volume reduction, and proper disposal; g. Market development for recyclable materials; and -2- Other uses provided for under the grants program and authorized by the FDEP. e The recycling program shall also include a public education program to promote recycling, participation in the established recycling programs, volume reduction, and proper disposal of waste. 10. The SWDD shall provide matching funds through the Solid Waste Disposal District where required under the grant program. 11. Any notice that may be extended by one party to the other pursuant to or as a result of this Agreement shall be extended by regular, first class, United States mail, postage prepaid or by hand delivery as follows: To the CITY: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone: 407-589-5330 To the SWDD: Ronald R. Brooks solid Waste Disposal District 1840 25th Street Vero Beach, FL 32960 Phone: 407-567-8000 Ext. 294 Any party to this Agreement may unilaterally redesignate the address of or person to whom notice is to be directed by giving notice to all other parties hereto. 12. This interlocal vious interlocal 1992. agreement supercedes and replaces the pre- agreement with the SWDD dated January 8, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST RRB/dc SEBINTLO/S2A ATTEST BOARD OF COMMISSIONERS Clerk R~$~. N. Bird, Chairman Attorne J'~' ?~1~., CC~ CharIes Ian Nash, City ~,~~.f~, -3-