HomeMy WebLinkAboutItem #03 Authorization for Use of County Solid Waste Management System �h C of Good 6/
AGENDA ITEM COVER SHEET
Meeting Date: October 2, 2012
Item # 3 �/
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: Authorization for Use of County Solid Waste Management System.
Background Summary:
The City has historically utilized the County solid waste management system to dispose of residential
and commercial solid waste. The interlocal agreement between the City and Orange County expired on
September 18, 2011. On October 18, 2011, the City Commission ratified a letter of intent from the
County to continue to receive County solid waste management services under the terms of the expired
interlocal agreement for 180 days while a new agreement was reached. A new interlocal agreement was
not negotiated within the 180 extension with the County Commission electing to take a step back and re-
evaluate their current rate structure before going forward.
Due to the County's prolonged rate evaluation process, leaving the City unable to negotiate a new
contract, and the expiration of the letter of intent, Public Works seeks City Commission authorization to
continue to use the County solid waste management system to dispose of residential and commercial
solid waste until a new agreement is reached or September 30, 2013.
Issue:
Request authorization to utilize current County solid waste management services.
Recommendations
Recommend approval to authorize the City to continue to use the County solid waste management
system until a new interlocal agreement is reached with the County or September 30, 2013.
Attachments:
Letter of Intent for Interlocal Agreement for Use of County Solid Waste Management System
Financial Impact:
The City utilizes approximately $35,000.00 monthly for services through the County solid waste
management system as budgeted in the Sanitation Division Sanitary Landfill account line 402- 534 -10-
5500. The total budget for this account line is $675,000.00.
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading % Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. -- N/A
Reviewed by ( ) N/A
\'1()%r) r II \ 1 . :4
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Mr. Rolwri Fiat*
ClivfAloacivi
City of Ocrid,
• 301 Mar float
Oc n 476
1:3E: interlocol Arit• in; Li ;c- ru Cofff
Ot.0.1 Mr.
On Set:Li-vitro' IP., 20! 1. the above referecc.-3..1 acirrver i., t the C•ity and CrilfIrje Cot.110i n'AI:PrOd
0 tilE 1Wir ;tears thiough intolooal agieurri•viitc.; City ar,il 14:we viotheil lotp,ther to
al.:magi-2 solid wash: geileialed by nor res'denis. but- inest:,es arid visitc.ws. Sino% April of thit year wc !law:
ben wnrking with the City on El now Solid W,Kfte ai.jrllioni. Unfortunately, we have been unable to
come in terms co this new ink-dec.)t agreen w. agreorneill ...vnirod. we are no inner
Ob fri 0100•10 the soli' •oasto inarode•nor 1 ;; -3 4 4ij 1.. in h(-' n• II et:40'0:1)1, !'kni)o of !hese
vie
• Maximum onloadinri o 30 ni;ntir•-.•:4 at the a. .1:ft.:I' stalin
r Access to the hoitiiehoid wa.ve facti•tie; collocion evonts ar no charge ie city
resfr.k.•iiis
Accesi t1•14 recycling trarsto• static•ri
• Ou.111,7,11y mdi
Old ill,? City nip ('0 to compiolo I i:(;‘)Ii. and execii:s if ,..'t,grd a I.E.111 with the Coi.inty
no tali)i lo. 1131 days horn Irk) exnuation dal•4 Cl urd>rt inn!! 4. ::1 agh.a. t11t.3 C..ounly
glianiWcis no •el('illiption or change !ci sof piovii.le• I undsr the corrk 01 iptiA local :
Ple..we return tP,. :'tel. 0) the addri-ss Ci iht; with 70 Sir.11101 ire October 31 t
acknowtoduirit and i to continiie 0 nr.. ii gold kill I if:wards execatioi or the new interlocal
agrridnts.nt within 1b11 days in order to conanile n r• oo,4•:! CQunty solid we ie nianageuiNit tf;7:olice‘...;
under Ihe torm, of rho current interlocal aorso; 1' nil
We look fon•vord 1n working with yen on a mull:4110 I i .1.1; H.)1610-4:11 acjo if 1 %1,
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RE F !).E , Diloctoi
Oringe Co owl 05.1)..utm
Signori and Agreed to
•
Rob rt H City I 0.ii1
Citv .-.3t
City Commission Regular
October 18, 2011
Withers - Maguire House is a unique and iconic piece of frontier Florida history and is almost 123
years old.
Mayor Vandergrift inquired if any action was needed tonight other than letting things go as
they are. CIP Manager Butler said that tonight's presentation was to just give an update to the
commission on the budget items they had supported for the Withers - Maguire house. He further
said there were many rumors going around on what was going to be done with the house and he
wanted to make sure everyone was knowledgeable on the city's intentions. The Ocoee Historical
Commission is still willing to participate with the city and there have been several meetings with
them so that any questions could be resolved. Mayor Vandergrift said without objection
he would like the city to move forward with the combination of city staff and the
Ocoee Historical Commission helping each other out. The Mayor further announced
there is a history of Ocoee book on sale for $20 at the water counter.
C. COMMENTS FROM CITIZENS /PUBLIC
Steven VanBehren with Ocoee Lions Club thanked the commission and city for the help with
their Patriot's Day event. He said it was a great success and they hope to build on it and make it
a bigger and better Patriot's Day event. He further reminded everyone that the Ocoee Lions
Club Turkey Shoot starts this Saturday at 8am at the West Orange Girls Club. Mr. VanBehren
announced that if anyone is interested in joining the Ocoee Lions Club they can stop by the
turkey shoot to get more information. He also announced if there is anyone out in the
community that is in need of eyeglasses please contact an Ocoee Lions Club member and they
can help them out.
D. STAFF REPORTS AND AGENDA REVIEW
City Manager Frank announced the following:
1) an Ocoee resident who would like to speak regarding Item #6 so this will have to be
pulled for separate consideration should the commission be inclined to grant that request.
Mayor Vandergrift said without objection Item #6 will be pulled from
.consent agenda to be heard for separate consideration.
2) an emergency item is in front of them for the Interlocal Agreement for Use of County
Solid Waste Management System - Letter of Intent. He further explained this will extend
the city's interlocal agreement with the county for up to 180 days for staff to negotiate an
agreement with Orange County. The final agreement will be brought back before the city
commission for approval when negotiations are completed.
Commissioner Hood, seconded by Commissioner Johnson, moved to
approve the Interlocal Agreement for Use of County Solid Waste
Management System — Letter of Intent. Motion carried 5 -0.
3) On the dais there is additional material for Item #11.
4) the Annual Business Meeting of the National League of Cities will be on November 12
from 2:30- 4:30pm at the NLC in Phoenix. He further said the NLC is asking for the city
to appoint a voting delegate and /or an alternate delegate (2 delegates). Mayor
Vandergrift said without objection Commissioner Johnson will be the
delegate and Commissioner Keller will be the alternate delegate.
Page 2
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AGENDA ITEM COVER SHEET
Meeting Date: October 18, 2011
Item # Emergency Item
i
Reviewed By:
Contact Name: Stephen C. Krug Department Director: .KI:arA
Contact Number: 6002 City Manager:
Subject: Interlocal Agreement for Use of County Solid Waste Manage en System — Letter o
Subject: g Y g Y
Intent.
Background Summary:
The City has historically utilized the County solid waste management system to dispose of residential
and commercial solid waste. The interlocal agreement between the City and Orange County expired on
September 18, 2011. The City and County have been working on a new agreement, however the
negotiations have extended beyond the expiration date. Public Works is requesting that the Commission
ratify the attached letter of intent in order to continue to receive County solid waste management services
under the terms of the current interlocal agreement.
Issue:
Ratify letter of intent between City and County to extend current solid waste management services.
Recommendations
Recommend approval to ratify the letter of intent between the City and Orange County to negotiate a
new interlocal agreement for use of County solid waste management system and continue to receive
services under the terms of the current interlocal agreement..
Attachments:
Letter of Intent for Interlocal Agreement for Use of County Solid Waste Management System
Financial Impact:
The City utilizes approximately $35,000.00 monthly for services through the County solid waste
management system as budgeted in the Sanitation Division Sanitary Landfill account line 402- 534 -10-
5500. The total budget for this account line is $675,000.00.
Type of Item: (please mark with an V)
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
Page 1 of 1
Tolbert, Joyce
From: Krug, Stephen
Sent: Monday, October 10, 2011 2:47 PM
To: Tolbert, Joyce
Subject: County Draft Solid Waste Interlocal Agreement
Attachments: 20111010145143897.pdf
Joyce,
Attached is the draft solid waste agreement as provided by the County.
Please let me know if you have any questions or comments on the agreement.
Thank you,
Steve Krug
10/13/2011
IN 11:I:I.O(;/\i..
1=o1■ ll;;l; UI 1111: COUNTY :;OI it a W/\ :; "I IVIANI \(;I :IVII:N I :;Y :; I I:IV1
This INII-:1:1.0 / \1. /\(;iaF.I:IVII:NI I OI: 1); ;1: 01" . 1111: (.'Ot1N"I'Y : ;ULII)
IVIAN / \(-;NIVINAT : ;Y: ;'i EIVI (the 'Agreement ") is made and entered into
as of the date of last execution below (the "Effective Date") by and between
Orange County, Florida, a charter county and political subdivision of the State of
Florida. (thee "County ")„ and the City of ; Florida, a Florida
municipal corporation, its successors and assigns, (the ''Contract City").
lereinafter, County and Contract City may he Ieferred lo inclividu .rlly as a "Party"
01 collectively ,i ; the "Parties "
I:I :(:I I'Al.`ri
WI 11 1:1 T.7\:;, the Florida Interlocal Cooperation Act of 1969, Section
163.01, Florida Statutes (2010), permits local governments to nrlke the most
efficient use of their powers by enabling therm to cooperate with other localities
on a basis of mutual advantage and thereby provide services and facilities in a
manner that will accord best with the needs and development of local
communities; and
tNl-ll TI11:/\:;, Section 125.0101, Florida Statutes (2010) permits the
governing body of a county to coniracl with a municipality for, among other
things, garbage and trash collection and disposal; and
11U1- 11=1tt.:AS, the Orange County Board of County Commissioners (the
"Board ") hereby finds and declares that it is necessary for the health, safety and
welfare of the citizens of Orange County to provide for solid waste disposal and
inanagenaenl facilities and services; and
UUI 11:1,'1 AS, Section /103.706(1), Florida Statutes (2010) states that "[t]he
governing body of a county has the responsibility and power to provide for the
operation of solid waste disposal facilities to meet the needs of all incorporated
and unincorporated areas of the county "; and
VVlll la ::/\:q, Section 403.706(1), Florida Statutes (2010) stales that "[ijr
accordance with this section, municipalities are responsible for collecting and
transporting solid waste from their jurisdictions to a solid waste disposal facility
operated by a county or operated under a contract with a county "; and
VVI INI'9 AS, the County desires to provide all Orange County citizens with
access to and the use of the community asset known as the Solid Waste
Management System (the "System "); and
ink:riocal Agre:n ml [of Uso or 1110 Cuw Solid Wash 1.l r +y: rnertl Sysl+_m / 20 11
UVI-II?Itl:I \:.;, the Contract City desires to use the System for solid waste
and Household Hazardous Waste (°FIHVV ") disposal and recycling processing;
and
UVIILNLA:. ;, the Contract City desires to re-establish or continue its
reliance on the System to satisfy Concurrency requirements of the Community
Planning Act (Chapter 163 Part II, F.S.) only as it applies to the solid waste
disposal capacity for the solid waste which the Contract City collects for disposal,
and which is committed to the County for disposal in the System in accordance
with this Agreement, and actually disposed of therein; and
VVIII- :1tl the County desires to provide access to County transfer
station(s) for Contract City's solid waste; and
VVI EftEA:.;, the County desires to provide access to the County's
Recovered Materials Facilities for Contract City's recycling processing; and
VVIlla.tiF / \:;, the County desires to provide access to the compost
giveaway program for the citizens of Contract City; and
WilINHAS, the County desires to provide access to the FIFIVV facilities
drop off centers and neighborhood collection events to the citizens of Contract
City; and
VVI 11:ItI •.A:;, the County desires to provide the Contract City with
educational information on recycling, solid waste, I II - IVV and other System
functions through the Orange County Public School system, the solid waste
hotline, public events, facility tours rand other forms 01 media; and
UUIII ItI.A:;, the County and the Contract City desire to formalize their
relalionship regarding solid waste disposal responsibilities consistent with the
provisions of Section /103.706, Florida Statutes.
Now therefore, in consideration of the foregoing premises, and the mutual
considerations contained herein, the Parties hereto, intending to he lec��ally
bound, do hereby agree as follows:
ARl'ICI.I:'1
10-:t ;I l"AI .:.; ACKNOVVLL.I )G1 1)
All of the recitals contained herein arc: true and correct, and are
incorporated herein and made a pull hereof by this reference.
Inleriocal A.c reeuii lot Use or the County Solid waste rviano rpunionl System '/ 20 1 1 7
i \I :Tit :LL 2.
The initial term of this Agreement shall be tot ten (10) years. This
Agreement shall be renewed for Iwo (2) five (5) year terms automatically unless
either Patty provides written notice of non- renewal to the other Party at least
ninety (90) days prior lo the end of the then current term.
/11. 1 1L'LI : 3
I:1:fy1Ni l it )N.:
The; following contains 1110 definitions of the lens as applied to this
Agreement:
c;orrcurrortcy: shall mean shall 1100)) provision 01 eel tain public facilities
specified in the .Mate of Florida Community Planning Act (specifically, Chapter
163, Pail 11, Section 103.3180 r.S.) by 0 municipality or 0 combination thereof, 01
0 specified level-of-service stated in 1110 Capital Improvements Element of the
comprehensive playa (or the applicable jurisdiction(s) adopted pursuant to the Act.
Disposal sposal tee-,: shall mean the rate charged to dispose of solid waste in the
System adopted by rate resolution and approved by the Board, as !nay be
anau�ncic d (Iona time to time.
I )irector: shall mean the Orange County Utilities Department I )irector or his /her
designee
11ousehoIt1 Hazardous 111laste (I11lUV): shall rnean rr solid waste: (from a
residential household) regulated by the Florida Department of Environmental
Protection as 0 hazardous waste pursuant to Chapter 02 730, F=.A.C:, as it may
he amended of replaced from time to time.
IVl7urager: shall mean the Manager of the Solid Waste Division of the Orange
County Utilities Deparinrent or his /her designee.
)ecovered IVtaterials: shall mean metal, paper, glass, plastic, textile, or nr.rbber
materials that have known recycling potential, can he feasibly recycled, and have
been diverted and source separated 01 have been removed from the solid waste
stream for sole, use, or rouse as raw materials, whether or not the materials
require subsequent processing or separation from each other, but does not
include materials destined for any use that constitutes disposal, Recovered
materials as described above are not solid waste
Interlucdl Etcrieemeni Ior Use et Ihr County Sold wnsle ihA:uL -i(J ienl System 7 20 11 3
Solid Waste: shall mean all discarded materials including, but not limited to
garbage, trash, Hite!, refuse, rubbish, recycling process residue, or other
materials allowed by the Honda Department of Environmental Protection for
disposal in a Class I landfill which result from domestic commercial, industrial,
agricultural or governmental activities, but not including construction waste,
sewage or other highly--diluted, water- carried materials or substances, or those in
gaseous form.
Solid VVa:.,te Management : ;yotetrr: shall mean the aggregate of those Solid
Waste facilities owned by 01 operated under contract with Orange County, which
currently includes the Young Pine Road 1.01id{ill, Porter 1 ransfer Station, 1..E-3.
Met eod Transfer Station, the Recovered Materials Processing Facilities, HI
facilities and drop -off centers and other facilities as designated by the Director.
/ \I:II(I.t
I:l SPONSIt',II.I I II; S OF TI IF C0t1N l Y
4.1 (.apirciiy Provision. The County shall provide capacity for the Solid
Waste which Contract City collects, or causes to be collected, and which is
delivered to the System in accordance with the Agreement. I he County shall
operate its System in accorctartce with applicable local, state and federal laws.
/1.2 Scats,. The County shall operate and maintain motor truck scales at all
of its facilities within the System to the accuracy required by Florida law, and
weigh all vehicles delivering Solid Waste. The County will supply Contract City
with monthly weighing records as may be reasonably required by Contract City to
administer its Solid Waste collection program. the County will maintain copies of
all transaction tickets for at least two (2) years. If weighing scales are inoperable
due to maintenance or calibration testing, the County and the Contract City shall
estimate the quantity of Solid Waste being delivered based on visual
observations and historical weighing records. County shall take all reasonable
efforts so scales are operational within forty -eight (48) hours of becoming
inoperable. If scales ate not back in operation within this timefrarne, County shall
notify Contract City. Should calibration test results indicate scales are
inaccurate, County shall adjust weighing records accordingly and provide to the
Contract City.
4.3 Facility Identification. The Manager shall collaborate with the Contract
City to identify particular facilities within the System, acceptable to Contract City,
to which each Contract City vehicle shall deliver its Solid Waste. The County will
work with Contract City regarding disposal facility access and readiness.
Quarterly meetings shall he held with Contract City to ensure fair and equitable
opportunities to utilize-: the System. The County System will be managed in such
o planner as to not In reasonably delay the Contract City during unloading. If
Inte lmA Agn.enenl to; l lt,r. or the county Solid VJutih' 1\11na rrenl Syslt'm 7 20 11 1
vehicle unloading lime exceeds thirty (30) minutes on 5% or more of the loads
delivered monthly, this will result in a 20 %, discount on Disposal Fees for each
delayed load. If the facility to which the Contract City primarily delivers its Solid
Waste is inoperable, the County shall contact the Contract City to provide
estimated time for facility re- opening and provide Contract City with the
opportunity to use alternate Cot nly facilities acceptable to Contract City.
Contract City shall be permitted to deliver Solid Waste to facilities other than the
County's only if all County facilities are inoperable lot a period exceeding twenty
four (2.1) hours.
4.4 ()thou Corrir.tct, tor Wat;te i telivery. The County agrees that neither it
nor any agent or contractor of its System shall enter into any agreements for the
disposition of Solid Waste with other persons, (inns 01 corporations, including
privately owned companies that materially impair the ability of the County to
perlorna its obligations to the Contract City tinder this Agreement.
4.6 lVIosi favored Nation. If the County enters into any agreement with
another municipality for the disposal of Solid Waste contemplated by this
Agreement that contains lower lees or hales than is provided under this
Agreement to Contract (;ity, those lower fees or rates shall prevail over the fees
cat rates contained in this Agreement.
/ \I :'I'I(:L.I
IMF :_il'ON :III;II.I t; ()I c:ON t'I:!\C I CITY
5.1 Delivery of Solid Waste. 1 he Contract City, or its contracted Solid Waste
collection hauler, shall deliver all its Solid Waste generated and collected by or
for the Contract. City in its City limits to County System, unless approved by the
Director or otherwise allowed pursuant to this Agreement. The City shall have the
right to deliver its Solid Waste to those County facilities located at the minimum
distance and time to transport from the Contract City.
(:otri:t roi City Hauling t;orrtraci.. Where (he Contract City does not
provide its own Solid Waste collection with Contract City staff, the Contract City
shall contractually obligate its contracted Solid Waste collection hauler to deliver
all Solid Waste generated and collected by or for the Contract City in the Cily
limits to County facilities, except where this Agreement provides or allows
otherwise.
(i.3 Use of Other Facility t'errrritted. The Contract City may dispose of Solid
Waste it collects at a facility which has proven successful experience within the
State of Florida in the production of energy with Solid Waste ( "Energy Producing
Facility "). The Contract City shall provide a written request to the County at least
twelve (12) months in advance of the Contract City's intent to dispose of their
Solid Waste at an Energy Producing I other than County- owned. The
Intrrloc I Aopeeinrml tor Use of the County Solid Waslu ivtwayenient System 7 2(1 11
Comity shall review Contact City's recllrest to determine; whether the Contract
City's use of the Energy Producing Facility will not significantly impair financial
commitments made by the County with respect to the System, and will contribute
to the County's recycling mate towards the statewide recycling goal. If the County
determines the Contract City may dispose its Solid Waste at an Energy
Producing Facility, and the County cannot provide a similar disposal option, this
Agreement shall terminate.
'i.'i I )isposal Capacity for ( ;onc►.n rency, In order to utilize they System for
the purposes of Concu renc;y, the Contract City may incorporate this Agreement
by reference in the Solid Waste and C;apibd Improvement Elements of UK)
Contract City's comprehensive plan in the next regularly scheduled cycle of
amendments.
'i.ti Oilier (:ontraci'; for 1I1/aste r)c)livery. The Contract City shall not enter
into any agreement that would materially affect its ability to fulfill its commitments
in this Agreement.
/ \N't'IC;I.I (i
1>I:;I- 1 0:;J\l. Hit
v (i.'I 1)i.sposal Fees, Current Disposal Fees are attached hereto and
incorporated herein as Exhibit "A." Except for changes in regulatory
requirements or other conditions beyond the County's control that affect
operating costs, the County shall not increase Disposal Fees to the Contract City
for three (3) years from the Effective Dale of this Agreement. Following the initial
three (3) year period from the Effective Date, Disposal Fees are subject to
automatic annual rate increases 01 three percent (3 %). however, the annual rate
increase may exceed three-; percent (3 %) in cases when permitting requirements
or other conditions beyond the County's control occur. The County shall annually
evaluate whether the Disposal Fees in effect cover the cost of providing service
and recommend to the Board whether to repeal the automatic rate increase or
allow the rate increase to take effect. The-) County pledges to use its hest efforts
to maintain reasonable and competitive Disposal Fees. If the proposed increase
to the Disposal Fee for any year exceeds the Garbage and - I r ash Collection
category of the Historical Consumer Price Index for all Urban Consumers, then
the County shall give the Contract City sixty (60) days prior written notice of such
increase. Contract City them has the option to terminate this Agreement with
twelve (12) months prior written notice of termination to the County.
(3.2 Terms of Payment. fhe County shall provide monthly invoices to
Contract City, or its contracted Solid Waste collection hauler, for Disposal Fees
based on County weighing records, by moans of first class U.S. Mail. the
Contract City, or its contracted Solid Waste collection hauler, shall pay to the
Interim; Atfroomerd for Use of Ow County Sc ')ll wat(e rv1:itki leineu1 system 7 'i0 11 6
County all Disposal I - ees not later than folly five (45) clays from the date of the
invoice. The County nay assess an interest penalty on late payments in the
maximum amount allowed by the Florida Prompt Payment Act.
0,3 Disputes, In the event of a dispute of an invoiced amount payable by the
Contract City to the County, the Contract City shall pay any undisputed portion of
the amount so dine and payable within the time period set forth above, and shall,
within folly five ('15) days 5010 the date of receipt of the invoice give written
notice of the disputed poi lion of the invoice to the County. The notice of dispute
shall identify the disputed invoice, state the amount in dispute, and set forth a full
statement of grounds upon which such cfisplite is based. The Manager shall
confer with Contract City and shall resolve the dispute not Intoi than sixty (60)
days after the date upon which the disputed invoice was received. the Contract
City shall make payment in accordance with the Managers determination within
fifteen (15) days of determination unless the Contract City disagrees with th
determination in which 0030 the Contract. City may pursue other remedies.
/ \l:1 IC1.I . 7
1 Il :/\I )lNC;s
Captions and headings in this Agreement are for ease of reference only
arad (10 not constitute a pall of 1110 Agreement and shall not affect the meaning or
interpretation of any provisions herein.
All l(;I.F tl
10NPI :F. S1N I AfI0N:;
8.'I county Authority. The County represents that this Agreement has been
duly authorized by the Board 03 the governing body Of the County, and the
County has the requisite power and authority to pet form any and all obligations
under this Agreotnent.
8.2 Contract (,11.y Authority. Contract City represents that this Agreement
has boon dilly authorized, executed and delivered by Contract. City and it has the
required power and authority to per forth any and all obligations under this
Agreement
A1:Il(:I.1 : 9)
AIVll NI)IVII NI A(;1:MVlIr..Ni
1 his Agreement may be modified, altered or amended only by a written
amendment duly executed by the Parties hereto and approved by each Patty.
Any oval representations or modifications concerning the Agreement shall have
no effect.
Inlet local Agro mgnl foi (J;e of the County Solid bVastrf PAanauenu-nl System 7 20 I 1 7
/ \l I ICI.I . •1O
NON• / \:;S1( NIVIl:N I
In no case shall the Contract City assign, transfer, convey or otherwise
hypothecate any interest, rights, duties, or obligations hereunder, or any part
thereof without the County's consent and without complying with any and all
requirements of Chapter 32 of the Orange County Code and this Agreement. In
the event the Contract Cily desires to assign, transfer, convey or otherwise
hypothecate this Agreement or Contract City's rights, duties or obligations
hereunder, 01 any part thereof, the Contract City roust notify the County and
County may, at its option, agree to such an assignment if the proposed assignee
has the equipment, personnel, licenses, franchises, and financial capability to
carry out the Contract City's obligations ul Ider this Agreement,.
/ \l{IICLIN 1'1
NO THIRD II1 {F) PAR{ I Y I- SFNFFICIANIFS
I his Agreement is solely intended (o establish a relationship between the
County and the Contract Cily with regard to the delivery of Solid Waste to the
County's Solid Waste Management System. The existence of this Agreement
shall not constitute or establish any right or cause of action of any third party not
a forrnal Harty hereto, whether it be a customer of the Contract Cily or any
successor Contract City, unless this Agreement is specifically assigned by the
Contract City and accepted by the County pursur_u to this Agreement and
Chapter 32 of the Orange County Code.
/ \I {'IICLL 12
W / \IVl I{
There shall be no waiver of any rights related to hats Agreement unless
such waiver is in writing signed by the party waiving such right. No delay or
failure to exercise a right under this Agreement shall impair such right or shall be
construed to be a waiver thereof. Any waiver shall be limited to the particular
rights waived and shall not be deemed a waiver of the same right at a later time,
or of any other right under this Agreement.
AI{II( ;1.1. 13
1=0C1(;F. IVI /;.111lf{1:
This Agreement establishes the right and obligation of the County to
accept Solid Waste from the Contract City pursuant to this Agreement for rates
adopted and approved by the 1 oard. I his Agreement also obligates the Contract
Interim:al Agreement nt for Use of the Counly Solid Wor,tp r"r:nayemenl System / 20 11
(;ily to deliver ,solid VVasdc to they .System as provided in this Agreement. In the
event of an uncontrollable circumstance (force nlajeure) that slakes frill
compliance with this Agreement impossible because it has limited the County or
Contract City's ability to perform its obligations herein, then the obligations
pursuant 10 this Agreement shall be interrupted until the uncontrollable
circumsiance is resolved. Resolution of the circcinlstailce will be declared by the
Manager. Once the problem related to the uncontrollable circumstance is Thais
declared resolved, the obligations of the County and the Contract City pursuant
to this Agreement ,hall he restored and frilly complied with by both Parties.
AIDII(_,LL'I71
(:OIJI'\ I'`( I-:VI:i\i'i Uf I)Fl Alll.i'
Without limitation, the failure by the County to substantially fulfill any of its
obligations in accordance with the Agreement, unless excused or justified by
uncontrollable circumstances, shall constitute a County event of default. If a
County event of default should occur, Contract City shall have any and all other
lights provided under federal laws and tie laws of the State of Florida.
/\l ' I'I(. L.L.. 'I 1
c;OI\li'i..A(;i Cfi Y I.V{:Nl' or I)I:I l \tll.i
Without limitation, the failure by Contract City to substantially fulfill any of
its obligations in accordance with this / \greemerit, unless excused or justified by
uncontrollable circumstances, shall constitute a Contract City event of default. If
a Contract City event of default should occur, the County shall have all of the
following rights and remedies, which it may exercise singlilally or in coraibinlion
unless otherwise provided:
I . '1 he right to declare that all rights granted Contract City hereunder
are terminated effective upon stick date as is designated by the County.
l Any and all rights provided tinder federal Laws and tie laws of the
Slate of 1 hi ida
3. In the event Contract (;ily fails to pay debts incurred by Contract
City for tonnage delivered lo the County for a period of sixty (60) days, then the
County shall have the right to 1eduire immediate payment from the Contract City
lot all past clues 51)015 ( "Arrearages "). Notwithsianding any provision of this
Agreement to the colitraiy, the Corn ty reserves the right to deny access lo Ibe
System until Arrealages have been received by the County.
Inlerinr,ril n,peeuieul Inc the of the county Solid Waste rvianageidenl Systeiii 7 20 11
4. In the evens that Contract City materially breaches this Agreement
by failing to deliver Solid Waste to the System in accordance with this
Agreement, the County shall give the Contract City written notice of such material
breach and an opportunity to cure such breach by ensuring prospective
compliance by the Contract City. For the purposes of this Agreement, a material
breach occurs when the Contract City fails to deliver at least ninety percent
(90 %) of the Solid Waste that the Contract City collects to the County over any
consecutive sixty (60) day period.
t, If the Contract City fails to timely cure the materially breach
� closet ibe(1 in the preceding subsection LI , the Parties agree that the Contract City
shall pay the County liquidated damages in an amount equal to fifteen (1 5)
months worth of Solid Waste Disposal Fees based on the immediately preceding
'consecutive fifteen (1 5) month period. In the event Solid Waste Disposal Fees
.:� ;,1 ; not been collected 011de1 this Agreement for fifteen (1 5) consecutive
,,J months, then the fifteen (1 5) month period shall be extrapolated based on any
s\ r month or set of consecutive months completed mauler this Agreement. However,
if 0 material breach occurs less than fifteen (1 5) months prior to expiration of this
Agreement, then the liquidated damages shall be equal to l.ie anticipated
ice. r �
Disposal Fees associated with the remaining their current lean of the Agreement.
( /
5. I he Pal tie:; aac)ree thatl such ligllidatml damages are appropriate
since the County has made substantial economic investment in the System,
including personnel and equipment, in reliance upon Contract City's commitment
to deliver Solid Waste to said System. Because damages to the County are
difficult or impossible to determine, liquidated damages are appropriate. Parties
further acknowledge that the liquidated damages are not a penalty but a remedy
agreed to by the Parties as part of the consideration for this Agreement. In the
event the County elects to seek liquidated damages, the County shall not be
entitled to seek relief under any other breach provision.
/ \Il'I'I(:I.I '16
NO I' IGI If TO SUF. I:OIZ I) / \IVI / \('C:S
Both Parties hereto expressly waive their respective rights to sue for
special or consequential damages for any breach of or default under this
Agreement by the other. Both Parties expressly agree that each shall bear the
cost of its own attorney's fees for any action arising out of or in connection with
this Agreement.
intLqloca' Nit ril for (Jsu of the County Sold Waste M,an ;uleinenl Sysloni 7 20 11 10
1\IZII(:l.l:: '1 /
O1'1'0I; 1.1NITY I ) (:l 11;1 IN L.VI:N t" Of 1)11-1\111.T
Notwithstanding any caller provision of Article; 14 and 15, neither Party
shall terminate this Agreement for an event of default unless either Party first
gives the other Party written notice of 1hel1 intent to terminate specifying the
alleged default, and providing the other Party a period of sixty (60) days lion:
receipt of nlotice which to cure such Beta It
! \l II(1.,I: 18
I0 the extent pellnitled by law, each Party agrees to defend, indemnify
and hold harmless the other Party, its officials and employees from all claims:,
actions, losses, suits, judgments, fines, liabilities, costs anti expenses (including
attorney's fees) by third parties attributable to the indemnifying Party's negligent
acts or omissions, or those of its officials, employees acting within the scope of
their employment, and contractors or their subcontractors, or arising out of or
resulting from the indernnifyiny Pally's negligent performance under this
Agreement. Nothing contained herein shall constitute a waiver of sovereign
immunity or the provisions of Section 768.28, f =lolida Statutes. The foregoing
shall not constitute an agreement by Dither Party t0 assume any liability for the
sects, omissions and/01 negligence 011170 other I'ai ty.
19
1NS(W/ \Nt:1:
Withoul waiving ill( -)ir right to sovereign immunity as provided in
Section 768.28, I=lolidrl Statutes, the Conlracl City and County acknowledge
having commercial insurance 01 0 bona fide self inslllanlce program for General
Liability and Automobile Liability insurance with coverage limits as specified in
Section 768.28, Honda Statutes, 01 such limited sovereign immunity limits as sel
forth by the Florida 1egislrtnre.
The Contract City and County shall ensure their contractors or their
subcontractors performing work under this Agreement agree to maintain
commercial insurance or to bo self - insured for Workers' Compensation 8.,
Employers' Liability in accordance will) F=lorida Statute , 140,
179011 (0(Iues! the Contract City and its contractors or their subcontractors
performing work hider ibis Agreement shall provide an affidavit or Col tificate of
Insurance evidencing self-insurance of commercial insurance up to sovereign
Inle(local A nr lot 11so of 11 i, County Solid Wnale Mandoenu =nl System 7 20 1 1 I I
immunity limits, which the Pattie -;s <1ciree lc) lurc.l acceptable for the coverage
mentioned above.
1 Ire Contract City and County and their contractors or their subcontractors
performing work uncle': this Agreement agfee to maintain Pollution Legal L.ialility
with a limit of not less than one million (:f$1,000,1)00) per occurrence on a per-project
basis.
The County an0 Contract City shall each be listed as an additional insured
on all insurance policies required for the performance of this Agreement.
I he Corn ty 01 Contact City's Inilure to iequesl proof of insurance or to
identify any cleiicierrcy in coverage or compliance with the foregoing
requirements shall not relieve either Party of its liability and obligations under this
Agr eemenl
/ \I < - I'I (:I .I 7.l)
I 1 Dial)/\ I./ \VV (•;OVI:1f\1S V1:NJUL IN 0I < / \N(41 -: COUNTY I=1.Of <IIJ /\
1 his Agreemeia, regardless of where executed, shall he governed by and
construed according to the laws of the Slate of Honda and venue shall he in
()range County, Florida.
\1 <'II(;I.1 21
11:1 <IVIIINN /\ I ION
This Agreement may be terminated upon written mutual consent between
the Contract City and the Comity
/ \l I'IC ;1.1= 22
hIO'II( :I ;
Any and all notices required pursuant to this Agreement, shall be
provided by 0110 party to the other by sending notices by certified mail, return
receipt requested, to the Parties as follows:
10 the County: County Administrator
Orange County Government
Orange Comity Administrative Center
201 South Rosalind Avenue
Orlando, L1 32801 35/17
In)r ilnr,nl l\ )rc:r n1 I) fol Us 0 tho Gowih' Solid Wa:s)u P;6in.- rrleinenl Syslpnr / 20 11 12
Director
Orange County Utilities Department
9150 Curry Ford Road -3 Floor
Orlando, FL 32825
To the Contract City:
AND
ARTICLE 23
INVALIDITY OF PROVISIONS
Should any provision, paragraph, sentence, word or phrase contained in
the Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida, such
provision, paragraph, sentence, word or phrase shall be denied modified to the
extent necessary in order to conform with such laws, and this Agreement shall
remain in full force and effect.
SIGNTURES TO FOLLOW
Interlocal Agreement for Use of the County Solid Waste Management System 7 2011 I3
IN WITNESS WHEREOF, the Parties hereto have made and executed
this Agreement on the respective dates under each signature: ORANGE
COUNTY through its Board of County Commissioners, signing by and through its
Chairman, authorized to execute same by Board action on the day of
, and the City of signing by and through officers duly
authorized to execute same.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By: — Teresa Jacobs
Orange County Mayor
ATTEST: MARTHA O. HAYNIE, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
WITNESS: City of _
By:
Print Name: Print Name:
Title: Title:_
Interlocal Agreement for Use of the County Solid Waste Management System 7 20 11 14
Attest: CITY OF , FLORIDA
City Clerk - -- Mayor �---- - -- -_ ___ _ -- -- _
APPROVED AS TO FORM AND LEGALITY
for use and reliance by
City of , Florida, only.
City Attorney
,2011
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this clay of
2011, by — — and
, as the and City
Clerk of the City of , Florida, and who have acknowledged that they
executed the same on behalf of the City of , Florida and that each was
authorized to do so. Each is personally known to me or has produced
as identification.
In witness whereof, I have hereunto set my hand and official seal.
Signature of Notary Public - State of Florida
Print, Type, or Stamp
Commissioned Name of Notary Public
My Commission Expires - - - -- - - -- - - - --
Interlocal Agreement for Use of the County Solid Waste Management System 7 2011 15
1 mil
I ;Al 1:1:1:!;
Re: Class I kilal.(!tial;; $37.1 0/ton
Commercial I Mnterinl; ;1;39.8(J/toil
lor ot II Cofilly SAt RI,m,twmont System Y 20 11