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Resolution 438-1990 Monroe County Commission RESOLUTION NO. 438 -1990 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN INTERLOCAL RECYCLING AGREEMENT BETWEEN THE CITY OF KEY WEST, FLORIDA, AND MONROE COUNTY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute an Interlocal Recycling Agreement between the City of Key West, Florida, and Monroe County, a copy of same being attached hereto and made a part hereof. RESOLUTION NO. 027-1989 is rescinded upon execution of the Interlocal Recycling Agreement by the City of Key West, Florida, and Monroe County's respective City and County Commissions. This resolution shall go into effect upon its ,passage and adoption and authentication by the signatures of the presiding officers and the clerks of the respective City and County Commissions. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 12th day of September , A.D. 1990. BOARD OF COUNTY COMMISSIONERS OF M~~::;. By: MAYOR/CHAIRMAN (Seal) Attest: DANNY L. KOLHAGE, Clerk M:~1~~~ CLERK ')PROVED AS TO ,:OI-r" . 'I') LB;,1[ SUlF1Cft3:r,r', <f. , ~~~~d~ ,._;;.'.:',.'1'4"'" ,_ .c." ....;.. lj .. , - .. ...~, ~ - ':' j INTERLOCAL RECYCLING AGREEMENT AGREEMENT, made this 12th day of September 1990, between the City of Key West, Florida ("City"), and Monroe County, Florida ("County"). In consideration of the mutual covenants herein contained the parties hereto agree that: 1. The City shall set aside an adequate area at its Stock Island facility for its exclusive use as a transfer center and shall provide access across its property to collection and disposal vehicles authorized to use the center. 2. The City shall equip the center with separate storage facilities for the temporary storage of recyclable waste materials in each of the following categories: a. newspaper b. aluminum cans c. glass d. plastic e. cardboard f. white paper 3. Each storage facility shall include a container compatible with the equipment to be used by the County to transport the recyclable materials to the recycling center. 4. The City shall provide collection containers for each category of materials listed above and shall make them accessible to the public at locations within the City to be designated by the City. 5. The City shall collect the materials in the containers periodically for delivery to the appropriate roll-off container at the transfer center. 6. In order to promote the use of the recycling system the City shall contribute 33.33 percent of the cost of a public information program to be established and approved by the parties hereto; provided, however, that the City's share of the cost does not exceed $10,000.00, excluding state or federal grants. 7. Each party retains the right to contract with any other entity or person to perform all or any portion of its responsibility hereunder. 8. The County shall construct and operate a countywide recycling center at or near Marathon, Florida, where it shall store and offer for sale all materials collected pursuant to this agreement. 9. The County shall collect the recyclable materials from the City's transfer center as the containers are filled and shall transport them to the recycling center. 10. The County shall keep detailed and accurate records of the amount by category and weight of all recyclable materials: a. collected from the City's transfer center; b. received from the recycling center from sources other than the City's transfer center. ",,'" , 11. The County shall keep detailed and accurate records of the gross revenue received from the sale of the recyclable materials, of all expenses incurred in administering the center and of all other monies paid out in connection with this project. If the records show that the expenses incurred in handling the City's recycled materials exceed the amount of revenue received from the sale of the City's recycled materials, then the City shall immediately reimburse the County for the difference. 12. The County shall contribute 66.67 percent of the cost of a public information program to promote the use of the recycling system; provided, however, that the County's share of the cost does not exceed $20,000, excluding state or federal funds. 13. On the 15th of each month the County shall provide the City with a statement of the previous month's activities showing: a. the amount of recyclable materials by category and weight; 1. 2. 3. collected from the City's transfer center; received at the recycling center from sources other than the City's transfer center; sold in each month, together with the gross revenue received therefrom; expense incurred by the County in recycling center; City's portion of the revenue and/or b. the administering the c. the expense. 14. The County shall keep the records referred to in paragraphs 10 and 11 at its offices located at the Public Service Building on Stock Island open and available for examination by the City at all reasonable times. 15. On or before the 15th of each month the County shall pay the City its prorata share of the revenue from the sale of recyclable materials during the previous month, the share to be computed as follows: a. From the gross sales revenue reported by the County for a given month deduct 10 percent for County administration, which shall not include the cost incurred by the County in connection with the public information program. The above percentage shall be renegotiable every two years at the request of either party. The remainder shall be called "net sales revenue." b. Pay to the City a percentage of net sales revenue equal to the ratio of the weight of all recyclable materials collected from the City's transfer center to the total weight of all recyclable materials delivered to the recycling center form all sources, including the City's transfer center. 16. Title to all recyclable materials collected in the City shall remain in the City from the time of collection until the materials are collected by the County, at which time title shall pass to the County. 17. The County shall provide the City with a report of recycling activities on a quarterly basis. 18. Up to 50% of the funds allocated for the City from the Florida Department of Environmental Regulation Recycling & Education Grant shall be made available to the City by the County, excluding funds accepted by the Board of County Commissioners prior to and including January 10, 1990 for the 1989/1990 Recycling and Education Grant. The City shall make written application to the County for release or reimbursement of funds. ....19. This entire agreement shall be renegotiable every two years at the request of either party. 20. Each party shall have the right to cancel this agreement on a 60 day written notice or by mutual agreement of both parties. 21. The City agrees to indemnify and hold harmless the County for any and all claims and costs that the County may incur due to the negligent acts, errors or omissions of the City. The County agrees to indemnify and hold harmless the City for any and all claims and costs that the City may incur due to the negligent acts, errors or omissions of the County. 22. This document supercedes and takes precedent over any prior agreement for the same purposes. 23. This agreement shall be effective from date of execution by the County and the City. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: By: Mayor/Chairman Danny L. Kolgage, County Clerk CITY OF KEY WEST, FLORIDA (SEAL) ATTEST: By: City Manager Josephine Parker, City Clerk APP'FfOVED AS 10 FoRM D LEGAL SUFFICI HC By Date ....