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04/08/1998 Agreement • 000Nrk,Qt�y • Alffi 1 •.........••',ed Pf np ®l u e .1 BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, F1.ORIPA 33070 TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL. (305)292-3550 FAX(305)852-7146 FAX(305)295-3660 MEMORANDUM TO: Clark E. Lake, Director Solid Waste Management Division FROM: Ruth Ann Jantzen, Deputy Clerk /rI • DATE: April 17, 1998 At the April 8, 1998 County Commission Meeting, the Board granted approval and authorized execution of anrinterlocal-Recycling=Agreement-between Monroe County and the City=of--Key=Westpfor the dispensing of Florida Department of Environmental Protection Recycling and Education and Small County Grant Funds to the City. Enclosed please find two duplicate originals, executed on behalf of Monroe County. Please be sure that one fully executed duplicate original is returned to this office as soon as possible. If you have any questions concerning the above, please do not hesitate to contact this office. Enclosure cc: County Attorney Finance County Administrator, w/o document File INTERLOCAL RECYCLING AGREEMENT Agreement, made this .14 ;, 1998 between Monroe County, Florida ("County") and the City of Key West, Florida ("City"). In consideration of the mutual covenants herein contained, the parties hereto agree that in regard to grant funds offered by the State of Florida, Department of Environmental Protection for Recycling/Education and Small Counties the following is provided: 1. The City of Key West will receive 33% of these grant funds. Actual monetary amounts available to City will be adjusted annually to reflect actual grant amounts made available to County by State of Florida, Department of Environmental Protection. 2. The City of Key West shall receive their portion each year in the form of reimbursement. The City shall make written application to the County for reimbursement of funds. All requests for reimbursement will be made in accordance with the State of Florida Department of Environmental Protection's Recycling and Education Grant requirements. The County agrees to reimburse quarterly the City the amounts provided in Paragraph 1, within 60 days of the City's submission of proper documentation to the County. No reimbursement shall be made for funds expended in a manner not authorized by Sec. 403.7095 F.S. or other applicable statutes and the administrative rules adopted pursuant thereto. In the event the County disburses grant funds to the City which are later disallowed by the Department of Environmental Protection and the County is required to pay over to the Department the disallowed amount, the City shall reimburse the County in the amount paid over by the County to the Department. 3. The City shall provide the County a quarterly report of all expenditures and recycling activities taken place in the City of Key West. Prior to August 15th each year the City will provide information in complete form to the County for use in the preparation of the grant application in accordance with the Department of Environmental Protection Recycling and Education Grant requirements. 4. The City shall maintain accurate records which will remain open and available for examination by the County at all reasonable times. 5., 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 or its agents. 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 or its agents. 6. This document supersedes and takes precedence over any prior agreement for the same purposes. 7. This agreement shall be effective from the date of execution by the County and City when a fully executed copy is filed with the Clerk of the Circuit Court. INTERLOCAL RECYCLING AGREEMENT Page 2. 8. Each party shall have the right to cancel this agreement on a 90 day notice or by mutual agreement of both parties. Notice shall be served as follows: City of Key West Monroe County City Manager County Administrator P. 0. Box 1409 5100 College Road Key West, FL 33041-1409 Key West, FL 33040 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Jack London (SEAL) ; '.ems S APPROVED ATTEST: :` ,� AN► AS TO FORM S • ROBZIT N. r LFE- DATE S-18' Danny L. olha , Cou y Clerk CITY OF KEY WEST, FLORIDA < 41kBy ity Manager (SEAL) AT EST: Jos; ins Parker, City Clerk r . • • MEMORANDUM TO: Julio Avael, City Manager FROM: E. David Fernandez,Utilities Director Er•1` DATE: March 25, 1998 RE: Modification of Interlocal Recycling Agreement • Background The Interlocal Recycling Agreement between the City and the County has been in effect since 1994. County staffing & funding change year to year. The County is unable to provide services. Purpose, Justification & Options The recycling program is integral to the City's waste management approach. The City's program has suffered as County efforts diminished. Lost revenue is 30/ton for each reduced ton. The recycling program also provides an environmental benefit to City residents. Who,Where,When, Cost • • City to receive 33% of all recycle and education grants. BFI will perform all work under • the terms of the grant at a direct cost reimbursement basis. BFI will adjust the annual budget based on changes in the grant funding. There will be no additional unfunded costs for the City. . EDF/avb c:\wpwin\citycomm\resoluti\fy98\recycle.mem RESOLUTION NO. 98-145 • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED MODIFICATION TO THE INTERLOCAL RECYCLING AGREEMENT BETWEEN THE CITY AND MONROE COUNTY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission has approved an Interlocal Recycling Agreement with Monroe County; and WHEREAS, County's staffing and funding has changed, causing a change in the level of service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS:- Section 1: That the attached modification to the Interlocal Recycling Agreement between the City and Monroe County is hereby approved. Section 2 : . That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 7 day of April , 1998. Authenticated by the presiding officer and Clerk of the Commission on APRIT, 9 , , 1998 . Filed with the Clerk April 9 , 1998 . <...34/(b CO'd H.EIETA -�K_r:R(.. LL NS, MA OR • ATTp CITY : \n1: KEY• This ue . opy of the JOSEP NE' ARKER, CITY CLERK original on file in tiLis office. Witness my hand and oD'ticial. seal1 rmg this ��day of I til/�`� ' 9 9 J OSEPH-ME ?. I<ER)C C_- CITY C Win, )a By