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Resolution 94-777RESOLUTION NO. 9a-]]] A RESOLt1T10N OF THE CITY OF LONGW OOD, FLORIDA, APPROVING ENTERING INTO AN INTI:RL.OCAL AGREEMENT WITH SE~IINOLL COONTV FOR SOLID WASTE M1LINAGE\IENT. WHEREAS, clue eo Seminole Countys sing ai tof solid wane for disposal to be disposed at rile County's landfill, the face thutlandfills iv Seminole County e the sole method of disposal of solid waste and that the Legislature enacted die Solid Waste ..Uianagen ent Act o£ 198A impac ¢ the Aisposnl of solid waste. \1TiERI~;AS, the Solid Waste Management Act, speoifirally e gages Cou and thou i icipalities to cooperate in the reduction of solid.rarte for l~ndlivn at disposal faciliticsnt n tt'IICRL\S, ~Iie County and Mnnicipxlities nee continuing to cooperate in developing solid caste ntanngemnnt and reryeline programs for Seminole County. NOIY,'pNEREFORE, ItE IT RESOLVED RY THE. CITY CO\IAtISS10N OF TIIE CITY OP LONGi4000. FLORIDA AS FOLLOWS: That the attucLed SOLID WASTE MANAGEAfENT INTERLOGL AGREEMENT is hareby adopted and made a parr of this resoln'ti7on by reference thereto. FA556D AND ADOPTED Tt11Sa`/DAY OF_~9zP . (Cf~E/, t994. MAYOR, CITY OG LONCWOOU ATT _. GERA[A:\'E D. ZAh R ,CITY CLERA Approved as to form and legnlity Corthe use and reliance of tLe Ci~y of loop good, Florida, only. / /a _~ ~ ~' ~/ --RACiY{RD S. TAVGOR, .7 R., CI ORNEY UKIIiINAL ',~'- ~' 9~.r7v SOLID WASTE MANAGEMENT INTERLOCAL AGREEMENT WITH SEMINOLE COUNTY 1999 SOLID WASTE MANAGEMENT INTER.LOCAL AGREEMENT This Agreement is made avd entered inm this ~ day of ~ ~~ ~ ~_, ]99~ by and between: Seminole County, a politlcal subdivision of the State of Florida, its and assign, by and though the Seminole County Board of County Commissioners, hereinafter refermd to as "COUNTY": AND The Mur~idpalities whose names appeaz in ExMbit "A;' attached hereto and made a part thereof, drev successors and assigns, herelnaffu re[erzed to as "MUMCII'ALITIFS'. WRNF$EIH WHEREAS, due to Seminole County's a sing amount of solid waste for disposal m be disposed at the COUMiY's landfills [he tact [Mat landfills 1n 5eminote County aze the sole method of disposal of solid waste and that the Legislature enacted the Solid Waste Marugemenl AR of 1988 impacting the disposal of solid waste; WHEREAS, [he Solid Waste Management Act, spedfically encourages Countles and their munidpalites to cooperate in the redvctlon of solid waste for handling at disposal facilitcs; WHEREAS, the COUNTY tas undertaken the study and prepazation o(a Sotd Waste Management Plan; and WHEREAS, LLre COUNTY established an Intecgovernmenlal Task Force on Solid Waste Management and Rerycling who solidted input concerning Seminole Covntl+s solid waste disposal aisis and the need to assist in developing a Solid Waste Management flan; and WHEREAS, [he COUNTY and the MUMCIPALITIES have made findings as follows: a. The COUNTY and the MUMCNALH]ES need to continue to seek, develop and implement joint Solid Was[e disposal solutions. b. The Solid Was[e Management Act is intended to reduce solid waste disposal at the landfitl and promote rerycling and reuse of solid waste [trough intugovemmenW cooperation with the COUNTY functioning as lead coordinator. c. Because of envhonnrental mn<ems with utiEaation of landfilling as the sole method o£ disposal of sohd waste genueted by the residents, businesses, .cod visitors to Seminole County, Florida, the MUNSCTPALTpfES and COUNTY have sought a joint solution to Sufi concerns. d. "floe Sold Waste Management Act has deemed it a public purpose to reduce the amount of solid waste disposed of in landfills and promote recycling and reuse of solid waste. It further encourages intergovernmental cooperation in solid vaste management, and stipulates the Counfies are responsible for providing solid waste disposal fariliees to both incorporated and unincorporated areas of the COUNTY. WHEREAS, the COUNTY prepared a Solid Waste Management Plan for the COUNTY and has sought input from each of the mvniripalities; and WHEREAS, the CO[JMY and MUNICII'ALITTES are continuing to cooperate in developing solid waste management and recycling programs for Seminole County; NOW, "THEREFORE, this Agreement shop serve es an interlocal agreement between the COUNTY and the MUNICII'ALITIF5 for the preparation and implemenW tion of the Seminole County Solid Waste Maragement Plan and in order to meet the requuemen6 of the Solid Waste Mawgement Act. 1. DEFINPITONS The following def tlons shall apply to this Agreement 1.1 Contractor(s): Shan mean a person, firm or corporatlon that has entered nr win enter icon an agreement nr agreements wim the COUNTY or MUNICII'ALTTffS for the disposal of Solid Waste. 1.2 COUNTY: Shall mean Seminole County, Florida, a poetical sssbdivision of the State of Florida. 13 Dlsposel Fadlity(ies): Means tbat designated azea wltbtn the solid waste management system where solid waste is deposited for disposal. 1.4 Haulers: Shall mean those persons or corporations or governmental agendas rasponsible (under either oral or written contract) for the collection, transportation and delivery of solid waste witltin the geographic boundaries of the MUNICIPAL[TIFS and the uriwtcorpora tad area of Seminole County. 1.5 Management Plan ShaLL mean the continuing plan for the management and operatlon of the solid waste disposal fecilitles and system authorized hereunder as amended and revised Erom time to time. 1.6 Manager: Shall mean the County Manager o(Seminole County government as provided by the Charter of Seminole County, Florida. 17 Municipalities: Shall mean the muniapal or corporations xisting under the laws of the State of Florida, 1«ated within Seminole County that enter into this Agreement widt die CO[7NTY and whose names appear in Exhibit A hereof. 1.8 Recycling: ShaLL mean any process by which solid waste, « materials which are solid waste, are collected, separated, or processed and reused or returned to use in the the form of raw materials or reryded products. 1.9 Seminole County Board of County C.ontmissionens: Shall mean the Boazd of County Commissioners of Seminole County, florida. 1.10 The tent "solid waste" ivdades, but is not limited [o, yard trash, recyclables, agricultural waste, domestic rubbisfi, waste oil, residential waste, construction and demolition debris, garbage, white goods, excluding unacceptable waste. I.ti Sotld Waste Management System: Shall mean the fadlities wbich are constructed, opezated, maintained and repaved pursuant to tfiis ageement for the purpose of rerycling, hansfernng, reusing, disposing of the solid waste produced wi[bin the entire CO[JNTY. 1.12 Transfer Stations: Means the sites and ceceiving fadlities onskrvcted operated and maintained by the COUNTY for the receipt of solid waste For transfer to assdrorized solid waste disposal faclitles. 1.13 llrdnmrporated County: Shall mean that part of COUNTY which not within the boundaries of any mursicipal mxporation within Sendnole County. 2. MANAGENEM PLAN 2.1 The COUNTY and the MUNICQ'AL[T1ES shall continue to prepare a Management Plan for [he constructlon, operation, and nuintenanrn of faelities fox aCounty-wide solid waste management system A Management Plan for individual urudpalities may be propwed by each MUNICIPALSTY and corporated into the County-wide Management Plan. This Management Pleas, end sabsegvent amendments to the Pleas, shall be incorporated into Oils Agreement after formal adoption by the MUMCNALITIFS and COUNTY. 2.2 Each MUMCIPALI7Y and the COUNTY agrees to consider the nactment of such ordiwnces, rules, polices and regulations and execute such agreements concerning solid waste management as shall be defined in the Management Plan. 2.3 COUNTY, with continuing assistance from MUMCR'AC717E5, prior to August 1st of each year, shall continue to update the Management Plan. 3. OBLIGATIOb6 RELATING TOOPEAATIONS 3.1 The COUNTY shall be cesponsib7e for the construction, operation, maintenance and repaiz of hansfer stations and all other receiving Eaelities utilized Eor receiving solid waste as a part of the solid waste management system 3.2 ti order to provide for the testing and staz[up of any solid waste anegement faalitles, each of the MI7N[CIPALITIFS, upon not less than tlilrty (30) days notice by the COUNTY shall deliver or use to be delivered sohd waste to designated facilitles in such ounts and at such times and in such nwmer as shall be designated in the notim. The notice Ecom the CO(JMY shall designate the estimated amount of materials, including garbage, yard waste and reryclables, to be delivered by each MUMCII'ALITY and the estimated time when such deliveries shall be ntade. In order to fadlitate MUMCIPALITY plamung, [fie COUNTY will pexiodicatly share information with the MUMCIl'ALITffS as to the progress of constructlon of all solid waste management Eadlities. Weighing Records: The COUNTY shall operate and maintain motor truck scales calibrated to the accurary requied by Florida law, and shall weigh all velildes delivering solid or reryclable waste. Each vehicle delivering solid waste fiom a MUMCIPALITY or the urdn<orporated COU6ITY area shall have its faze weight and cubic <apadty pervwnently and conspicuously displayed on the exterior of the vehicle. The COUNTY rrwy, from time to time, require the re-validation of the rare weight of any vehicle or the re-weighing of unloaded vehicles. Each v Jude loaded with waste shall be weighed and weight record pcodumd indicating gross weight, tare weigh[, date, lime, vefucle identification and such oNer details as may be required by the COUNTY. The COUNTY will cause facility operators to maintain written daily records of the total tonnage of solid waste de}vered to its facility. Within thtrty (30) days after the end of each month, the COUNTY shall (vvdsh or cause to be (vrrwshed to each MUMCIPALI7Y such weighing records may reasonably be required by each MUNICIPALITY to administer its <ovteacts with haulers of wlld waste. Copies of alt weight tickets wiR be maintained by the COUNTY for a period of at least two (2) years 34 Inoperable Weighing Scales -Estimates: If weigidng facilities inoperable or are being Tested, th¢ fadlity opemfor shell estimate the quantity of solid or rerydable waste delivered ov the basis of tmdc volumes end other data developed hom all vailable hisrorical informaion. Such estimates shalt lake the place of actual weighing records, when the scales are inoperable. IL upon conclusion of testing, the test indicates that a sale was curate, adjustments of records since the last valid test wilt be made by the COUNTY. 3.5 MANNEROF DELIVERY: Each MUNICIPALTIY shallprovide the COUMCY with tfie following information about each hauler delivering solid waste on ifs behaU to [he solid waste management system n and bvsineu addreu, make, body type, motor vehicle registration data number, area o(collecdon and status as munidpal operator or franchised contract hauler. 3.6 Solid Waste Segregation [Mgrams: The MUMCIPALITY and COI7NIY agree that this Agreesent is not intended to either discoarage or prohibit voluntary solid waste segregation programs of l6e parties segregating soap, new or used materials at the point of geneation to be held Tor purposes of muse or recycling. 4. RECYCLING PROGRAM 4.1 Descriptlon: Pursuant [o the Solid Waste Management Act, the State of Florida antfiorized a grant program through 1994 ro help fund local government recycling programs. To maximize grant funds available to all Seminole County local govemmenLS, the COUNTY and MUMCIPALI11F5 hereby agree to jointly prepare and implement a coordinated mrycling program and such grant xequeste as shall best serve the intuest of the evtire COONTY 9.2 County Responsibilities: The CO[IN7Y shall prepare, at its expense, all reycling grant applications and information required by the Department of Envirorunental RegWadon (DEP). MUMCIPALITTFS agree to provide all data requested by the COUNTY related to the MUMCIPALITY'S participation N the grant application. the COUNTY wiN the help of the MUMCNALITIES shall respond to any questions or comments raised by PEP concerning the grant application. 4.3 Recycling Program: 7'he COUNTY and MUNICIPALITilB shall jointly preparea coordinated plan to institute county-wide recyrlmg and related public education programs Adoption of dos recycling pbm shall be prepared and implemented pursuant to (he requirements of Sectlon 2 0( this Agreement. 4.4 Gzant Funds Distribution: The grant funds to be provided to the COUNTY and MUMCIPALI7TFS shall be distributed according to the Florida Department of Envimrmrental Protection. "The COUNTY dull distribute its base giant between the COUNTY and MUMCII'ALFCQ~'S based on popWation. E any MUMC@ALSTY rejects the county-wide reycling program and pursues its own program, then the grant funds that it would love received for ttut grant year period sball be redistributed nn a pro rata percentage basis among the remaining MUNICIPALITIES, if authorized by the Florida Department of Environmental Protection. 9.5 Accounting: 'Rre COUNTY and MUMCII'ALTTgrS dull annually audit their individual grant accounts, document all expenditures, maintain accssrate grant accounts, and document all expenditures of grant proceeds. The audit stall be completed within 180 days of the end of each fiscal yeaz. The audit shaLL be perfoaned by an independent certified public accountant Copies of the audit sFall be distributed to the COUNTY and MUNICIPALtTTFS. If the COUNTY or MUMCil'ALITY is found to have improperly distributed grant funds, then That CO[JNTY or MUNICIPALITY shall be considered in default of this Agreement and shalt solet}• be liable for any peruttles, inleresL fines, etc that may be Levied by the State of Florida 5. ANNUAL AUDIT The COUNTY shall secure an annual external audit of the solid waste management system by a qualified rectified public aaountanl. The audit shall consider among other things the covenants contained in all applicable service agreements. Copies of the audit reports are to be made available to ead~ MUNICII'ALI7Y and, when requested to private entities utilizing the .rystem 6. ADDI7[ONS AND Mil'ROVB~.IEIJ75 TO THESOLID WASTE MANAGfMENTSY5I'EM Thu Ageement obligates the COUNTY to mnstmct, operate, maintain and repav a solid waste management system or cause to be constructed, operated, maintained and repahed a solid waste management rystem adequate for the xerycling reuse, and disposal of all solid waste nsutent wiLLr the Mawgement Plan collected in each MUNICIPALI"Il' and unincorporated COUNTY and delivered to the solid waste ranagement system Accordingly, the COUNTY may be requved [ram time to dme to incur additional obligations and indebtedness to pay the cost of acquiring. construction and reconstruction additions and improvements ("additions and improvementr') [o the solid waste unagement system. 1n order fo pay [or such obligations, the COUNTY dull modify ils existing rate schedute accordingly. 7. OBLIGATIONS UNDER THIS AGREEMENT ARE NOT INDEBTEDNESS OF ANY PARTY TO THIS AGREEtvtEM The respective obligations of each [.iUMCIl'ALI7Y and COUNTY under this Ageement shall not be an indebtedness of such MUMCSPAtP[Y or COUNTY. Neithu MUMCQ'ALFIY or COUMY is obligated to pay or use to be paid any amounts due under this Agreement except N the smatter provided herein, and the faiN and aedit of such MUNICIPALITY and COUNTY is not pledged for [he payment of any amounts due under this Agreement. 8. RELAT[OI SF{NS OF THE PARTIES kept as specifically set forth herein, no paties to this Agreement shall have any respoasibihty who6oevex with respect to services provided ox contractual obhgations assumed by the other pazty and nothing N this Ageement shell be deemed to mnstitvte arty party a partner, agent, or local representative of the other party or to create any type of (iduAary responsibility ox relationship of any I:ind whatsoever between the pazties. The obligations to this Agreement notjoint, the obligations ere separatecrnd several between each o£e[he MUNICII'ALITQ~B and COl1NTY. 9. ASSIGNMENT This Ageement, or any interest herein, vuy nol be assigned, trensferted or otherwise encumbered, under any circumstances by any party without the prior written corrsent of ell the other partes to this Ageement The parties agee, however, that the COUNTY auy assign rights and obligations under tkds Ageement as aze necessary by the COUIJTY For the provision of solid waste muiagement services under this Ageement. 10. STATE AND FEDERAL LAWS The provr s of solid w r~agement services under Hus slon Agreement shell comply with ell applicable state and federal laws, rules and regulations. 11. GOVERNMG LAW Res Agreement shaLL be governed end construed in accordance with the laws of the State of Florida. tz. couNTrRecoRns The COUbT[Y ngreas to maiufniu end cause ita contactors ro maintain osplete and accurate accounting rxords for all solid waste management es provided to the MUMCIPALIIIRS. The COUNTY ogees to maintain, ox cause to be sninraioed 3tdorvmHon 1n suffident detail to permit each MUMCtPALiTY to independently ascertain the cost of its solid waste services, separate and apart fros the cos[ of oMer services of the COUNTY. Upon reasonabte notim given by any M[JN1CII'ALITY, the COUNTY shall make avaffable or have vmde available to such MUNICIPALITY all books, records, computer programs, printouts, ranch or other data germane to the operation of the solid waste ma ogemen[ system. The material will be furnished at the cyst of the pazty regvesdng the ix~forsatlon. 13. NOTICES All notices, consents and other communications required, permitted or otherwise delivered under tlils ageement shall be in writing and shall be delivered either by hand with proof of delivery or mailed by fast class registered or certified mail postage prepaid, return receipt requested. Addresses of MUN1C[PALITIfS and of COUNTY provided on the signature page say he altered from time to [ise upon notice to all parties hereto. Notices and consents given by mail in accordance with this secGOU mall be dewed denvered five (5) business days after khe day of dispatch. Notices and consenls given by any oNu means Snell be deer delivered upon receipt by the addressee. 14. INCORPORATION OE AGREbMENTS IISs document supersedes ali prior negotlatlons, coaespondence, xsations, agreements or understandings, applicable to the matters contained herein Accordingly it is agreed that no deviation from [he [errs hereof shall be predicated upon any prio representations or agree wnea,er oral or wrLLten. It U further agreed tnet uo modification ~~amen r alteadnn m me terms or conditions contained Herein snau beeffertivetunless contained N a written document of equal dignity executed by the governing bodies of MUMCIPALR[RS and Ne COUNTY. t5. [NUEMNffICATTON No party to this Agzeemenc, its officers, employees and agents shall be deemed to assume any liability £or the acts, omissions and negligence of any other party, their officers, emptoyees and agents. 16. CONTRACTS WITH HAULEFS Each party to tUS Agreement agrees to cause the terms and conditions of any ageemem Wat it may have witr a hauler of solid waste to functlon ccordance with time frames contained in the Maragemen[ Ptan and [o comply with the ternis and conditions of tds Agreement. 17. CFSSAT[ON tf any MUMCIPALITY or COUNTY shall fail to pezform or observe any of their terms and conditions of tills Agreement for a pertod of sixty (60) days aker receipt of notice of such default from another party, the pazty giving the notlce of default may be entitled to seek spetlEc performance of this Agreement The paztles each acknowledge that money damages may bean inadequate remedy for the failure of performance and that the party giving notice is entitled to seek an order mquhing specUic pufomnnce by the defaulting parry. Failure o[ any party to exerdse its rights N the event of any breach by another party shall not constitute a waiver of sssch rights. No party slwll be deemed to leave waived any breach by another pazty unless such waiver u redaced to writing and executed by the waiving party. Such wrlnen u shall be limited to the terms speafi<ally contained therein. This pamgmph shell not preJvdtce the right of any party to seeksuch odditorml xesedy at law or equity for any breach hereundex_ 18. ifRM Tltls Agreement shall be effective for each MUMCII'AL[TY and COUNTY hom the date of execution and shall remain in effect until such time as the aforememm~ed parties agzee M a terntineton. The Ageemmt may be te~vtinated only by a MUMCR'AL11Y providing sixty (btl) days written notice to the COUMI'. Grant funding previously distributed to the temilnating MUMCIPALITY shell be recaytwed and distributed in accordance with Section 5.4 of ttus Ageement. IN l1'fI1VFFSS WHEREOF, the parties hereto have made and executed dSs Ageement on tfie xespecttve dates under each signature: SEMINOLE COUN7Y through its SEMBJOLE COUPIIY COMM657ONE[LS, sigdng by and ttuough its Chavman, authorized to execute same by Boazd action on the day of Septembu, 1994, and each MUMC/PALITY, siring by and tkuough offlcus duly authorized to execute same. Ml1MCIPALtT[ES CITY OF LOhGW001 BY ~/~.C. F~1/•7 MAYOR/COhAll.457ONER Ir's L ~ Benson o?~DAYOF 994 C~L CITY CLERK Geraldine ~. ATTE5T (CDRPORATPSLAi) pv- ~ .,... h ATT65'f I I~: ~~C IMM65tOIVE[LS .1iRMAN DATE: EXHIBTT "A" MUNICIPALITIES Altamonte Springs Casselberry Lake Mary Longwood Oviedo Sanford Winter Springs EXHIBTT "B„ ANNUAL GRANT FUND D15TRIBUTION Altamonte Springs 13% Casselberry ~% w:e Mary z% Longwood 5% Oviedo 3% Sanford 11% Winter Springs g% Sevdnole Connty 31% '1993 Population Sgure (310,690) supplied by the Department of Environmental Protection, August 1994. February 1, 1995 yor d Wesie Man:. In~orlocal i ~ ~Y- -his ~f of Cc nay '~ n to ~4. [nC.