Okaloosa County BOCC — December 4, 2012 — FDEP SO619 Grant Agreement — reading text

United States mail, postage paid, to the address noted below: If to Okaloosa County: Chairman, Okaloosa County Board of County Commissioners 1250 N. Eglin Parkwa Shalimar, Florida 32579 Chairman, Holmes County If to Holmes County: Board of County Commissioners 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. | WITNESS WHEREOK:the parties hereto have caused this Agreement to be executed on the day * and year first above written. BOARD OF COUNTY COMMISSIONERS HOLMES COUNTY, FLORIDA Zed plo Chairman. Earl Stafford BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Agreement No. S0169 Holmes County Interlocal page 4 of 4 INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND JACKSON COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT This Interlocal Agreement made and entered into this k day of Mo 2011, by and between Okaloosa County, a political subdivision of the State of Florida, by ahd through its Board of County Commissioners, hereafter referred to as “Host County", and Jackson 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 Act which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, WHEREAS, the State of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, 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, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by Interlocal greement; NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. Term. The term of this Agreement shail be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. . Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the ost County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) Toconduct 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 Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. Instr # 2714463 BK: 2991 PG:3956,Page 1 of 4 CONTRACT # €99-02 14+-PW Recorded 07/06/2011 at 02:03 PM, JACKSON COUNTY MESOROING: $19.50 RECORDING ARTICLE V: $16.00 USE OF CO-OP COLLECTION CENTER EXPIRES: INDEFINITE verGAy PERE MA. 8061.9 Jackson County Interlocal page 1 of 4 DON W HOWARD CLERK OF COURTS OKALO0SA COUNTY £: d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Environmental Protection for funding and no later than November 1, of each contract year. Section 3. Responsibilities. a) Of the Host County. (1) The Host County must have an established and operational hazardous waste collection center and must have a licensed, insured private hazardous waste management company under contract, hereafter referred to as "Contractor", that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. (2) A Host County shall: (a) (b) (c) (d) (e) (f) Assign a project manager to work with the Neighboring County government to establish a site in the Neighboring County for mobile hazardous waste collection. The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collection days. Assign the project manager to be on site during the Neighboring County's collection ay. Provide the Neighboring County with copies of all paperwork from its Contractor associated with the Neighboring County's collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection not to exceed $7,000.00. (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additional $10,000 grant for acting as the host local overnment 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. b) Of the Neighboring County: A Neighboring County shall: Agreement No. S0619 Jackson County Interlocal page 2 of 4 (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. (5) Designate a local project manager to work with the Host County to prepare and distribute 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. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated small quantity generators of 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 defaulting party and all other parties in writing. Notification shall make specific reference to the provision which gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure the default. In the event said default is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any party to exercise this right shall not be considered a waiver of such right in the event of any further default or non-compliance. {n 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. Agreement No. S0619 Jackson County Interlocal page 3 of 4 © * | liabilities, claims, or damages of any kind which may be imposed as a result of the negligence or other wrongful act of the County or the County’s employees; PROVIDED, that this agreement 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: If to Okaloosa County: Chairman, Okaloosa County Board of County Commissioners 1250 N. Eglin Parkway Shalimar, Florida 32579 lf to Jackson County: Chairman, Jackson County Board of County Commissioners 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. TNESS.WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS c JACKSON COUNTY, FLORIDA in bau! Chg e02_/ Chuck Lockey, CXdirman BOARD _OF COUNTY4OMMISSIONERS OKAL A COUNPY; FLOR} JAMES CAMPBELL, Chai Agreement No. $0619 Jackson County Interlocal page 4 of 4 INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND LIBERTY COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT This Interlocal Agreement made and entered into this pec, _ day of 15 2009, by and between Okaloosa County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Host County", and Liberty 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 Act which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, WHEREAS, the State of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, 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, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by Interlocal greement; NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. Term. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the ost County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) Toconduct the Neighboring County hazardous waste collection and all associated business in strict accordance