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

l WITNESSETH: I 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, ' ! ! f r I WHEREAS, the Host County and Neighboring County have determined that a joint and f cooperative effort is a viable approach to fhe proper and cost effective management of the • I 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 lnterfocal Agreement; NOW, THEREFORE1 in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: t Section 1. I.!mn. 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. I I• Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: , e I a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitteq 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 all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection 1and utilize the grant funds solely for the purpose authorized. Instr# 2610640 6K: 2920 PG:407.P,.ge 1 ~r 4 Recorrle.I 01.03.::?010 al 05:39 AM. CONTRACT#: Cl0-1780-PW RECORDING $19.50 RECORDING ftRTICU! V 5'6 CG UBERTV COUNTY COOPERATIVE COLLECTION ARRANGEMENT EXPIRES: INDEFINITE '.::E~:J~, ;L.Ef··-t <~:::,.c.: _c:,;;:,:.FT .. ct- .,i_. 1..1c,1:.:..='r "':.~r.!' ."'c:·~-:-· -=-~ -:.t11 :-·-:-;. .-~ ·~1'·.t DEP Agreement No. S0834, Attachment F, Page 21 of 32  0 0 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: . I Assign a project manager to work with the Neighboring County government to i (a) 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. r { (b) Assist the Neighboring County in publicizing and advertising the Neighboring i County's hazardous waste collection days. I (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) 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. (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 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. S0834, Attachment F, Page 22 of32 . 0 0 b) Of the Neighboring County: A Neighboring County shall: (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 defaultin~ 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 ri~ht in the event of any further default or non--compliance. In the event of termination, the defaulting party shall retum 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. S0834, Attachment F, Page 23 of32 • 0 0 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 arh~ing out of or pursuant to this Agreement and/or the hazardous waste management programs for which these grant funds are sought. This