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Okaloosa County BOCC — October 21, 2014 — S0717attachment F — reading text
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collection, request payment of an additional $10,000 grant for acting as the host local
government under a Cooperative Collection Center Arrangement and submit an invoice to
the Department for reimbursement of 75% of the actual cost of the Neighboring County's
collection not to exceed the face amount of the grant.
DEP Agreement No. 80717, Attachment F, Page 10 of32
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b) Cf the Neighboring County:
A Neighboring County shall:
(1) Establish a site for its mobile hazardous waste collection that is acceptable to the
(2)
Contractor under contract to the Host County.
Work with the Host County to choose a mutually convenient date for the
collection.
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(3)
(4)
Guarantee funding to the Host County for payment of balance of its collection
costs.
Pay the Host County within thirty (30) working days after receiving an invoice from
the Host County.
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(5) Des~nate a local project manager to work with the Host County to prepare and
distri ute public awareness information on proper hazardous waste management ~
and publicize the collection day. This information will be distributed to the local
media, schools, agricultural agents, and civic and service organizations.
(6) Attend the collection and assist the Host County in overseeing paperwork at the
close of the collection.
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(7) Provide the hazardous waste mana~ement company under contract to the Host I
County the names and addresses o regulated small quantity generators of .
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hazardous waste in its county.
(8) Work with the Host County to advertise, promote and organize a "milk-run"
collection route service for regulated small quantity generators in order to obtain a
reduced fee for proper disposal of their hazardous wastes at a permitted facility.
Section 4. Default and Termination. The failure of any party to comply with the provisions of
this Agreement shall place that party in default. Prior to terminating the Agreement with respect to
the defaulting party, the non-defaulting party shall notify the defaulti~ party and all other parties in
writing. Notification shall make specific reference to the provision which gave rise to the default and t
shall specify a reasonable period of time for the defaulting party to cure the default. In the event f
said default is not cured within the time provided, this Agreement with respect to the defaulting party i
may be terminated. The failure of any party to exercise this right shall not be considered a waiver of {
such r~ht in the event of any further default or non-compliance. In the event of termination, the .
defaulting party shall return any unexpended grant funds and shall comply with any requirements
the Florida Department of Environmental Protection may impose. Additionally, either party may.
terminate the Agreement in writing with 90 days notice.
Section 5. Modification. This Agreement may be modified at any time by mutual written
consent of the parties and by permission of the Florida Department of Environmental Protection, if
such is required.
Section 6. Indemnification. Subject to the provisions of Section 768.28, F.S. each County
agrees to indemnify, save and hold harmless all other party members from any and all liabilities,
DEP Agreement No. S0717, Attachment F, Page 11 of 32
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claims or damages of any kind which are or may be imposed for any of its negligent acts or
omissions or the negligent acts or commissions of its officers, employees or agents arising out of or
pursuant to this Agreement and/or the hazardous waste management programs for which these '
grant funds are sought This indemnification shall not result in, or be construed to mean, a waiver of
sovereign immunity by either county with respect to claims by third parties.
Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the
parties in the United States mail, postage paid, to the address noted below:
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If to Okaloosa County: Chairman, Okaloosa County
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Board of County
Commissioners l
1804 Lewis Turner Blvd.
Fort Walton Beach, Florida 32547
If to Gadsden County: Chairman, Gadsden County
Board of County
Commissioners
P.O. Box 1799
Quincy, Florida 32353-1799
Section 8. Recording. Each County, upon execution of this Agreement will record a copy of
this Agreement in its public records and send a copy to the Florida Department of
Environmental Protection.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day
and year first above written.
BOARD OF COUNTY COMMISSIONERS
GADSDEN COUNlY, FLORIDA
-£:a~~
Chairma
BOARD OF COUNTY COMMISSIONERS
OKALOOSA COUNlY, FLORIDA
_j;).tO~J~
William J. Robe Chairman
DEP Agreement No. S0717, Attachment F, Page 12 of 32
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INTERLOCAL AGREEMENT BETWEEN OKALOOSA
COUNTY AND HOLMES COUNTY FOR THE REQUEST
AND USE OF THE COOPERATIVE COLLECTION
CENTER ARRANGEMENT GRANT
4th October
This lnterlocal Agreement made and entered into this ~~~ day of lilep-taaa~005. bY. and·
between Okaloosa County. a political subdMsion of the State of Florida, by and through its Board of
County Commissioners. hereafter referred to as •Host County", and Holmes County, a political
subdivision of the State of Florida, by and through Its Board of County Commissioners, hereafter
referred to as "Neighboring County".
WITNESSETH:
WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Ad. which
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prohibits disposal of hazardous waste into municipal and sanitary landfills; and, t
WHEREAS, the State of Florida recognizes the need for local governments to administer
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hazardous waste collection to provide opportunities to its citizens for proper hazardous waste
management; and, lI
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WHEREAS, the Host County and Neighboring County have determined that a joint and •~
cooperative effort is a viable approach to the proper and cost effective management of the
Neighboring County's hazardous waste stream; and, •t
WHEREAS, the Host County and Neighboring County have developed a joint grant request, I
endorsed by both Boards of County Commissioners, and approve the request by lntertocal l
Agreement; ..f
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NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and
the Neighboring County agree as foDows:
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Section 1. I«m.. The term of this Agreement shall be in effect from the date set forth above •
until the FloridaL>eP&rtment of Environmental Protection discontinues the appropriation of funding or
by mutual consent of either Host or Neighboring County.
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Section 2. .Mutual Covenants. The Host County and Neighboring County agree to the following: '
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a) That the grant request is made jointly on behalf of both counties and is hereby approved by I."
both counties to be submitted to the Florida Department of Environmental Protection by the
Host County. ''
b) To faithfully pursue the intent and purpose of the Cooperative Collection Center
Arrangement Grant
c) To condud the Neighboring County hazardous waste collection and all associated business
In strict accordance with all applicable laws, regulations and grant rules as set forth by the 1::·
