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Okaloosa County BOCC — September 1, 2015 — S0834Interlocal Agreements — reading text
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S0834Interlocal Agreements — extracted reading text
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(B) 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 pennitted facility.
Section 4. Default and TemJination. The failure of any party to comply with the provisions of
this Agreement shall place that party In default. Prior to tenninating the Agreement with respect to
the defaulting party, the non-defaulting party shall notify the defaulting party and all other parties in
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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 \Nithin the time provided, this Agreement 'Nith respect to the defaulting party
may be tenninat8d. 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. In the event of tennination, 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.
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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. nd mnifi n. Subject to the provisions of Section 768.28, F.S. each County
agrees to indemni , save and hok:f harmless all other party members from any and all liabilities,
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
DEP Agreement No. S0834, Attachment F, Page 3 of32
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grant funds are sou~ht. 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. ~- Any notices required by this Agreement shall be sufficient If sent by the
parties in the U~ates mail, postage paid, to the address noted below:
If to Okaloosa County: Chairman, Okaloosa County
Board of County Commissioners
1250 N. Eglln Parkway
Shalimar, Florida 32579
Chairman, Calhoun County
If to Calhoun County: Board of County Commissioners
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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. t
BOARD OF COUNTY COMMISSIONERS
CALHOUN COUNTY, FLORIDA
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Chainnan t)
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BOARD OF COUNTY COMMISSIONERS
ATTEST;~J~ OKALOOSA COUNTY, FLORIDA
DEP Agreement No. S0834, Attachment F, Page 4 of 32
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0 *"** Okaloosa 41a.ey BCC approval 12-1.5-09.
INTERLOCAL AGREEMENT BETWEEN OKALOOSA
COUNTY AND FRANKLIN COUNTY FOR THE REQUEST
AND USE OF THE COOPERATIVE COLLECTION
CENTER ARRANGEM.fJ;rU" GRANT
This lnterlocal Agreement made and entered into this lq +II day of ~ 2009, by and m I
between Okaloosa County, a political subdivision of the State of Florida, bynd through its Board of
County Commissioners, hereafter referred to as "Host Countyh, and Franklin County, a political
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subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter
referred to as "Neighboring County,..
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WITNESSETH: I'
WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Act which I
prohibits disposal of hazardous waste into municipal and sanitary landfills; and,
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WHEREAS, the State of Florida recognizes the need for local governments to administer l
hazardous waste collection to provide opportunities to its citizens for proper hazardous waste f
management; and, i I,.
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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,
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WHEREAS, the Host County and Neighboring County have developed a joint grant request,
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endorsed by both Boards of County Commissioners, and approve the request by lnteriocal ~
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Agreement;
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NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and
the Neighboring County agree as follows:
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Section 1. Term. The term of this Agreement shall be in effect from the date set forth above f
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until the Florida Department of Environmental Protection discontinues the appropriation of funding !•
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or by mutual consent of either Host or Neighboring County.
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 l
both counties to be submitted to the Florida Department of Environmental Protection by the
Host County. l
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b) To faithfully pursue the intent and purpose of the Cooperative Collection Center I
