HomeMy WebLinkAbout2020-1933120200059800 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT IlMUN RIVER CO FL
BK: 3345 PG: 594,10/6/2020 3:59 PM
C19-11-1052
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
FOR RECYCLING SERVICES
This First Amendment to Interlocal Agreement for Recycling Services
("Amendment") is made and entered into this 15th day of September, 2020 ("Effective
Date"), by and between St. Lucie County, a political subdivision of the State of Florida
("St. Lucie"), and Indian River County Solid Waste Disposal District, a dependent special
district of Indian River County, Florida ("Indian River").
RECITALS
WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida
Statutes) authorizes local governments "to make the most efficient use of their powers by
enabling them to cooperate with other local governments on a basis of mutual advantage
and thereby to provide services and facilities in a manner" that will benefit both
communities; and
WHEREAS, Indian River and St. Lucie entered into an Interlocal Agreement for
Recycling Services ("Agreement") that became effective on November 19, 2019;
WHEREAS, under the Agreement, Indian River delivers its Recyclable Materials
to St. Lucie's recycling facility ("Facility") and St. Lucie shares the revenues it obtains from
the sale of those Recyclable Materials; and
WHEREAS, Indian River also would like to provide St. Lucie's Facility with
Recyclable Materials that Republic Services will collect in the City of Palm Bay, Florida
("Palm Bay") and transport to Indian River's Recycling Transfer Facility; and
WHEREAS, Indian River is willing to provide Palm Bay's Recyclable Materials to
St. Lucie, and St. Lucie is willing to receive Palm Bay's Recyclable Materials, subject to
the terms and conditions in this Amendment.
NOW, THEREFORE, in consideration of the promises and mutual covenants set
forth herein, the receipt and sufficiency of which are hereby acknowledged, St. Lucie and
Indian River agree to comply with and be bound by the following terms and conditions:
Section 1, New Section 17 concerning Recyclable Materials from Palm Bair.
The Agreement is hereby amended by adding a new Section 17, which shall read
as follows:
Section 17: Recyclable Materials from City of Palm Bay, Florida.
If Indian River receives Recyclable Materials generated in the City of Palm Bay,
Florida ("Palm Bay"), Indian River may combine Palm Bay's Recyclable Materials
with Indian River's Recyclable Materials and then deliver the combined materials
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
1 SAINT LUCK COUNTY
FILE # 47693671012012020 01:46:54 PM
s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services -1A OR BOOK 4494 PAGE 415 - 418 Doc Type: AGR
RECORDING: $35.50
to St. Lucie's Facility. At its option Indian River also may deliver segregated Loads
of Palm Bay's Recyclable Materials to St. Lucie's Facility. In all such cases Indian
River and St. Lucie shall accept, process and otherwise manage such materials
in compliance with the terms and conditions in Sections 1 through 16 of this
Agreement. However, notwithstanding anything else contained in this Agreement:
(a) Indian River shall pay a fee of $45.00 to St. Lucie for each ton of Palm
Bay's Recyclable Materials that is delivered to and processed at St Lucie's
Facility; and
(b) for the purposes of calculating the fee owed pursuant to Section 17(a)
above, the weight of Palm Bav's Recyclable Materials shall be deemed to
be the weight measured or estimated by Indian River when Palm Bay or its
agent (currently Republic Services) delivers Palm Bay's Recyclable
Materials to Indian River's Recycling Transfer Facility.
Section 2. Continuing Effect of Agreement.
All of the terms and conditions in the Agreement shall remain in full force
and effect, except as expressly modified by this Amendment.
Section 3. Filing with Clerk of the Circuit Court.
Pursuant to Section 163.01 (11), Florida Statutes, this Amendment and all subsequent
amendments shall be filed with the Clerk of the Circuit Court of St. Lucie County and with
the Clerk of the Circuit Court of Indian River County. This Amendment and subsequent
amendments shall not become effective until they are filed with both clerks. Each Party
shall be responsible for the cost of recording such documents with their respective Clerk.
Page 2 of 4
s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services —1A
IN WITNESS WHEREOF, the Parties have caused the execution of this
Agreement by their duly authorized officials on the dates stated below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
4a " ZIX, BY: aaAwjw�t
Deputy -Cl" CI Chair
GpJM�Y C��i�� DATE: /
APPROVED AS O FORM AND
CORRECTN
ry
BY:
County Att! ney
Page 3 of 4
s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services —1A
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
eputy Clerk
(SEAL)
By:
Jason(E. Btown, County Administrator
"'SV GO_Gt /ss'o
SOLID WASTE DISPOSAL DISTRICT'
INDIAN RIVER COUNTY, FLORIDA
Chairman
DATE: Approved 9/15/2020
APPROVED AS TO FORM AND
CORRECTNESS:
M
Dylan Reingold, County Attorney
Page 4 of 4
s:\ATTY\AGREEMNAlNTERLOC\Indian River County Recycling Services — 1A