Okaloosa County BOCC — September 1, 2015 — S0834Interlocal Agreements — reading text

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 defaultin~ party and all other parties in writing. Notification shall make specific reference to the provision which gave rise to the default and ; I 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 t 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. In the event of termination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements I 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. S0834, Attachment F, Page 11 of32  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 , t ' 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 l ~ parties in the United States mail, postage paid, to the address noted below: If to Okaloosa County: Chairman, Okaloosa County I' ~· Board of County Commissioners 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 COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DEP Agreement No. S0834, Attachment F, Page 12 of32 .·- ' Cl INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND HOLMES COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT 4th October This lntertocal Agreement made and entered into this 4:.a.;s day of kf.t~na.'~005. bY. and· between Okaloosa County, a political subdiVision of the State of Florida, by and through its Board of County Commissioners, hereafter refened 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 "NEHghborlng 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 tor 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 lntertocal Agreement; NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. I!mJ.. 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 Host County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant ! c} To conduct the Neighboring County hazardous waste collection and all associated business in strict accordance with air applicable laws, regulations and grant rules as set forth by the I '· Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. CONTHA(:T: COOP c:ou.F.<:TlON Cf<:NTl.;R CONTRACT NO.: ('96-0216-SWl-IJ HOL.!\U-:S COi INTY KXPllU'.S: JNDEl<'INITI!: DEP Agreement No. S0834, Attachment F, Page 13 of32 I ! l .. t c ( f t I I 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. Resgonsibllities. 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 respon&;ble 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) 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. (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collection days. (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with c_opies 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. (e) 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. (f) Invoice and collect from the Neighboring County Its share of cost of the hazardous waste collection. (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an addltlonal $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 750/o of the actual cost of the