HomeMy WebLinkAbout2012-103 MEMORANDUM OF UNDERSTANDING tot 1� IG 3
BETWEEN
THE CITY OF FELLSMERE, FLORIDA
AND
SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA
This Memorandum of Understanding ( hereinafter " MOU " ) is hereby made and entered into
by and between the City of Fellsmere , Florida , a Florida municipal corporation , whose
mailing address is 22 S . Orange Street Fellsmere , FL 32948- 6714 ( hereinafter " City " ) and the
Indian River County Solid Waste Disposal District , a dependent special district of Indian River
County, Florida , whose address is c/ o Department of Utility Services , 1801 27th Street , Vero
Beach , Florida 32960 ( hereinafter referred to as the " District " or " SWDD " )
WITNESSETH :
WHEREAS, on January 14, 1988, the City of Fellsmere by Resolution 8 &A voluntarily
joined and became a part of the Solid Waste Disposal District .
WHEREAS, on September 28, 1993 , the City of Fellsmere entered into an Interlocal
Agreement to participate in the curbside recycling program to be provided by SWDD .
WHEREAS , on October 1 , 2008 , SWDD renewed its Franchise Agreement with Waste
Management , Inc . of Florida ( WMIF ) to provide curbside recycling services in portions of
unincorporated Indian River County as well as the City of Fellsmere for a seven year term
ending on September 30, 2015 .
WHEREAS , to enhance recycling activities, the City of Fellsmere is requesting to
implement a Single Stream Recycling Pilot Program which is above and beyond the services
provided by SWDD and VV' MiF .
WHEREAS , the pre and post Single Stream Recycling Pilot Program data will assist
SWDD in determining future viability of implementing single stream recycling throughout
Indian River County .
WHEREAS, state law requires Indian River County to establish recycling goals of 40%
of recyclable solid waste by December 31, 2012 , 50 % by December 31 , 2014 , 60 % by
December 31, 2016 , 70% by December 31 , 2018 and 75 % by December 31 , 2020 .
WHEREAS , to promote recycling activities , SWDD is in agreement to allow the Single
Stream Pilot Program under specific conditions outlined below .
NOW THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration , the parties agree as follows :
Section 1 . Recitations .
The above recitals are true and correct and are incorporated by reference herein .
Section 2 . Purpose and Scope .
The purpose of this MOU is to allow the City of Fellsmere to implement a Single Stream
Recycling Pilot Program in their community by continuing to utilize WMIF to provide this
additional service which is above and beyond the services provided by them through SWDD .
Section 3 . City Responsibilities .
The City agrces to :
1 . Honor the franchise agreement between SWDD and WMIF in continuing to provide the
curbside recycling program to the City of Fellsmere residents outside the scope of the
pilot program .
2 . Separately contract with WMIF to provide the additional services related to Single
Stream Recycling Pilot Program . These services include the distribution of single stream
carts to a maximum of 200 homes and providing educational materials to all residents of
the City of Fellsmere .
3 . Provide SWDD the pre and post pilot program data related to participation and
recyclable tonnages as well as six month updates on participation .
4 . Provide SWDD with total monthly Single Stream tonnages collected in the City of
Fellsmere .
5 . Remit any revenue it receives from the sale of recyclables to SWDD .
Section 4 . SWDD Responsibilities .
SWDD agrees to :
1 . Allow the City of Fellsmere to implement the Single Stream Pilot Program utilizing WMIF
through September 30, 2015 .
2 . Continue to pay WMIF for the collection of curbside recycling in the City of Fellsmere in
accordance with the franchise agreement between SWDD and WMIF .
3 . Allow WMIF to transfer curbside single stream recyclables out - of- county up to
September 30, 2015 or until SWDD changes to a single stream program , whichever is
sooner .
Section 5 . Terms of MOU .
This MOU shall be effective upon the date last entered below . This MOU may only be
modified in writing by mutual agreement of both parties .
IN WITNESS WHEREOF , the Parties have caused this MOU to be executed by their respective
authorized representatives .
ATTEST : Jeffrey K . Barton , Clerk INDIAN RIVER COUNTY SOLID
WASTE DISPOSAL DISTRICT
By : By :
Deputy Clerk Chairman : � - . . u
District Approved : Vol
05 - 22 — '"12 j
. N
Date -
APPROVED : APPROVED AS TO LEGAL
FORM AND SUFFICIENCY :
<-
t Jose h A . Baird Alan S . Po ckwich , Sr .
County Administrator County Attorney
CITY OF LORIPA
By :
S San P . Adams , Mayor
ATTEST :
-
City Approved :
_._r______ e..��,�.,2<,. = Gate
3
Deborah C . Krages, City Clerk �___
APPROVED : APPROVED AS TO LEGAL
FORM AND SUFFICIENCY .
By By
Ja . Nun aker, ICMA- CM Warren W . Dill
fr'rCity Manager City Attorney