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Resolution 589-1989 RESOLUTION NO. 589-1989 A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE THE INTERLOCAL AGREEMENTS BY AND BETWEEN THE CITY OF LAYTON AND THE CITY OF KEY COLONY BEACH AND THE BOARD OF COUNTY COMMISSIONERS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: that the Mayor and Chairman of said Board is hereby authorized to execute the Interlocal Agreements for the Recycling Grant by and between the City of Layton, the City of Key Colony Beach and the Board of County Comissioners, a copy of same being attached hereto, for the purpose of submitting the recycling grant. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the IJ-dJ day of {bL4b, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY //;t~d'k}~ Mayor/Chairman (Seal) Attest: Danny KOlhage, Clerk ~~~,.JO/ idNOW AJIMOVED AS TO FORM ~' ANp LEGAL SlIf' ClEItCY.. \ \QSY~G.{Y\~. BY )~~~\ 17'(: Z cI () l L::10 .S8. i; .,-~ 4 INTERLOCAL AGREEMENT FOR RECYCLING GRANTS This Agreement, entered into this day of , 19 , by and between each of the undersigned municipalities (hereafter referred to individually as the "CITY" and collectively as the "CITIES), and the Board of Monroe County, Florida (hereinafter referred to as the "COUNTY"). WHEREAS, the statewide goal of the Solid Waste Management Act of 1988, Ch. 88-130, Laws of Fla. (hereafter referred to as the "ACT") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the ACT requires counties to develop and implement recycling programs within their jurisdictions to return valuable materials to productive use, to conserve energy andnatural resources, and to protect capacity at solid waste management facilities; and WHEREAS, the ACT requires that said recycling programs be initiated by July 1,1989; and WHEREAS, the ACT encourages counties and municipalities to form cooperative arrangements for implementing solid waste recycling and education programs; and WHEREAS, the ACT created the Solid Waste Management Trust Fund to provide incentive grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and education programs; and WHEREAS, in order to apply jointly for the incentive grants the County and the municipalities must enter into interlocal agreements that determine how the grant funds, if awarded, shall be used; and WHEREAS, grant applications submitted to FDER must include copies of the interlocal agreements between the County and par- ticipating municipalities; and WHEREAS, the participation and cooperation of the CITIES and the COUNTY is esential to the successful award of a state incentive grant and the development and implementation of a successful recycling and education program in Monroe County; and WHEREAS, it is the desire of the CITIES that the COUNTY apply to FDER on behalf of the CITIES and the residents of the CITIES and the unicorporated area of the County for available recycling and education incentive programs. NOW THEREFORE; the COUNTY and the CITIES hereto mutually agree as follows: 1. This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Monroe County and shall remain in effect until September 30,1994. Notice shall be given in writing to the other party at least one month prior to the close of any grant year, and shall be effective as of the close of that year for termination of agreement. Upon such notice becoming effective, this Agreement shall terminate as to the party giving such notice but shall continue in effect until September 30, 1994, as to all other parties so long as grant money is available, without a match, to the County pursuant to Section 403.7095 (3) (c), Fla. Stat. (Supp.1988). In the event grant money ceases to be available without a match, this Agreement shall terminate as to all parties. Notwith- standing termination, any accrued rights or duties shall remain effective, such as the payment of undistributed grant money received by the County and the furnishing by CITIES of information necessary for reporting requirements. . 2. The County shall, by October 1, 1989, and each year there- after, report to FDER the COUNTY'S annual solid waste man- agement and recycling activities for the duration of the period covered by this Agreement. 3. The solid waste recycling and education grants provided to the COUNTY and CITIES by FDER may be used for any of the following purposes: a. Capital costs: b. If justified, temporary operation of subsidies for" recycling paper, glass and plastic, and in composting organic materials; c. Promotion of recycling, volume reduction, and proper disposal: and d. Market development for recyclable materials. 4. Each CITY for itself agrees to provide a written account of expenditures from the grant award used for implementation of the recycling program within the CITY. Documentation of expenses is required in sufficient detail to meet the requirements for reimbursement placed on the COUNTY by FDER for the grant award. 5. Goals of the recycling program, designed and imolemented by the COUNTY and CITIES, shall be to meet the state's 30% reduction goal by 1994. 6. The CITY hereby indemnifies and holds the COUNTY harmless for any and all claims of any nature arising from the CITY's involvement in the Program as described herein and agrees to defend and pay any and all costs for said defense, in- cluding attorney's fees and court costs, should such claim(s) occur. The COUNTY herby indemnifies and holds the CITY harmless for any and all claims of any nature arising from the COUNTY's involvement in the Program as described herein, and agrees to defend and pay any and all costs for said defense, including attorney's fees and court costs, should such claim(s) occur. - - . ;,: .. ATTEST: CITY OF LAYTON by:~/J~~ ..---- -', _ i {(' ( ---~- c:;' ) ( " by ~---=:::::.. ...^--'- -" L' '--T () -' ~ tV\. f\ I C4- by: .t,(}j~~~ j~~-" ATTEST: ,- (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: ~leTk ---- By: Mayor/Chairman _ r JJlB "" .",..- ANDtEGAI.~,,~ ~~~ffice