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HomeMy WebLinkAboutDocumentation_Regular_Tab 8E_6/28/1990VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 MEMORANDi.TM TO: Village Council FROM: Wendy K. Harrison, Assistant to the Village Manager DATE: June 21, 1990 SUBJECT: Interlocal Agreement for Municipal Recycling; Amendments to Agreement Approved May 10, 1990 As you will recall, the Village Council approved an Interlocal Agreement for Municipal Recycling with the Solid Waste Authority on May 10, 1990, which is attached for your reference. Subsequent to that approval, Solid Waste Authority staff have indicated two changes necessary to the Agreement. As explained on the attached correspondence from Bernard Conko, attorney for the Solid Waste Authority, the Authority is requesting that the Village revise two provisions in this Agreement: 1. The Authority is requesting that the maximum allowable percentage of unacceptable materials in the recycled loads be changed from ten (10) percent to three (3) percent. This change to paragraph 13, page 3 is requested as a result of contractual arrangements between the Solid Waste Authority and the operator of the recycling facility. I have discussed the three (3) percent limit with Nichols Sanitation, and Ron Arrowood has indicated to me that it would present no problem to them. 2. Change the begin date of the Agreement to August 1, 1990, in Paragraph 18, page 5. The ending date of September 30, 1994 would remain unchanged. I have no problem with these changes and, subject to any concerns expressed by the Village Attorney, recommend that the Village Council approve the above revisions. WKH/mk cc: John C. Randolph, Esq. Village Attorney Mr. Ron Arrowood, General Manager, Nichols Sanitation, Inc. Recycled Paper PROFESSIONAL ASSOCIATION FLORIDA NATIONAL BANK BUILDING 303 FIRST STREET,SUITE 400 JAMES MADAMS WEST PALM BEACH, FLORIDA 33402-11529 HERBERT C.GIBSON BERNARO A.CONKO TELEPHONE (407) 855-8886 W. TERRY GIBSON (1898-1960. KATHLEEN J. LOGGINS FACSIMILE (407) 832-6236 HERBERT T.GIBSON (1904-1985) HEATHER McNAMARA RUDA KATHERINE H. DONOHUE June 13, 1990 Ms. Wendy K. Harrison Village of Tequesta P. 0. Box 3273 Tequesta, FL 33469-0273 Re: Interlocal Agreement for Municipal Recycling Solid Waste Authority of Palm Beach County Dear Ms. Harrison: Your letter of May 22, 1990, together with the executed Interlocal Agreements drafted by you have been forwarded to me for review. Our last proposed draft was sent to you on October 23, 1989. We have completed a full comparison of your re -draft to our last proposed draft. Although some changes were made, only two of significance have been identified. Since October 23, 1989, the Authority has entered into a contractual relationship with a contractor that will build and operate a materials recycling facility (MRF) for the Authority. That contract limits to 3% the amount of residue that may be contained in loads of Recyclable Materials delivered to the MRF. Accordingly, the 10% residue stated in paragraphs 10 and 13 of the Interlocal Agreement must be changed to 3%. Paragraph 18 of your Interlocal Agreement contains the date Of October 1, 1989 as the beginning date of this Agreement. Inasmuch as we are in June 1990, that date will need to be changed. I would suggest we make it August 1, 1990, since we will not be able to take this to the Authority Board for approval until the July 18th Board meeting. All other changes in your Agreement are acceptable. If you so desire, you may just change the percentage and the dates in the paragraphs referenced and have them initialed rather than re -drafting the entire agreements. However, if you prefer to re -draft the pages effected, that also is acceptable. If you have any comments or discussion, please contact me at any time. Sincer ly yours C. � on ©" � BAC:ba enclosures cc: Ms. Kathy Kelley Mr. Larry Thompson dz'. & PROFESSIONAL ASSOCIATION INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING THIS AGREEMENT made and entered into this day AU 1990, by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, an independent special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter called "Authority", and the VILLAGE OF TEQUESTA, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "Village", for a municipal recycling program and activities in accordance with Chapter 403, Part IV, Florida Statutes. W I T N E S S E T H: WHEREAS, the Authority has been empowered by law and through interlocal agreement to carry out the obligations and requirements in Palm Beach County, Florida, prescribed to a "County" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, F.S. makes the Authority responsible for initiating recycling programs and insuring municipal involvement; and WHEREAS, Chapter 403, F.S. encourages the Authority to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, Village desires to work in cooperation with the Authority to establish a municipal recycling program toward achievement of the State recycling goal and the requirements of Chapter 403, Part IV, F.S. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Village and the Authority, it is agreed as follows: 1. Village has entered into a contract for the collection and hauling of Recyclable Materials with a private collection and hauling company (Contractor) authorized to make such collections within the Village's jurisdiction. 2. Village shall cooperate with the Authority to provide all necessary and required information to the Authority so that the Village and the Authority can determine if the Village's recycling program is meeting the requirements of the Authority's countywide recycling plan and other applicable state and local law. 3. Village shall promptly provide to the Authority copies of any and all recycling ordinances or resolutions passed or adopted by the Village now or in the future, and the Authority shall promptly provide to the Village copies of any and all recycling resolutions or policies adopted by the Authority affecting the Village. 4. Curbside Service Area. This provision applies only to units receiving curbside solid waste collection service. The Village shall provide curbside collection of Recyclable Material (as described in paragraph 8) to those residents in the Village receiving curbside (or equivalent) solid waste collection service. Village provided promotion materials will be distributed, informing the residents as to when and how the materials will be recovered. - 2 - II 5. Collection Schedule. The collection schedule shall have a frequency of once per week per each residence and shall be on a specific day as determined by the Village. I 6. Point of Collection. Collection shall be at curbside, or within the public right-of-way adjacent to the paved roadway, or in the same location as designated for garbage/refuse collection. 7. Data Collection. The collector/hauler shall collect the following data as per the State Department of Environmental Regulations for each route and collection crew, including, but not limited to: A) Total number of households on each route. B) Number of households setting out any or all ' materials. C) Collection hours. D) Route miles. E) Date. This data shall be submitted in a report to the Authority by the loth day of the month following the end of each reporting period. Data sheets shall be available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract related information from the Village as may be required for the program. 8. Collection of Source -Separated Recyclable Material. Individual residents/homeowners shall be encouraged by the Village to separate their solid waste into recyclables and non- recyclables as described hereafter. Each household will receive from the Village a reusable container initially supplied by the Authority into which Recyclable Material will be deposited. Such container shall be the property of the Village. Initially, Recyclable Materials shall mean green glass, brown glass, clear glass, aluminum cans, plastic milk bottles, plastic beverage containers and household batteries which will all be deposited into this one reusable container. Newspapers will be placed at curbside as designated by the Village. The aforementioned materials shall be prepared for collection in accordance with processing standards in paragraphs A through F below: A) Glass - rinsed whole bottles and jars, shall not include cooking ware, plate glass, safety glass, light bulbs, ceramics and non -glass materials. Caps, lids, and any type of top must be removed from the bottles. Labels may remain on the bottles, but bottles will be empty, rinsed, dry and unbroken. B) Aluminum - Aluminum cans (beverage) and containers (pet food, tuna, etc.) shall be empty, rinsed and dry. C) Plastic Bevera a Containers Milk jug type containers (HDPE), and soft drink bottles (PET), empty, rinsed and dry, with tops, caps or lids removed, are included in this category. No other plastic bottles or containers are permitted, but if markets develop in the future other plastic items may be included upon direction by the Authority. - 3 - D) Newspapers - Shall be placed in brown (kraft) paper bags. Tying of newspapers in bundles will be phased out within 12 months of the date of this Agreement. No additional magazine or any other types of paper are permitted. Plastic bags may be used if brown bags are not available. E) Tin Cans - Steel and tin -coated steel cans shall not be included. F) Household Batteries - Drycell batteries only shall be placed in the collection container. Wet - cell (automobile, truck, boat, etc.) type batteries shall not be included. 9. Should the State of Florida (or the Department of Environmental Regulation) determine any of the above items to be non -recyclable or determine new Recyclable Materials during the term of this Agreement, the Authority and the Village will negotiate a method for terminating or modifying this Agreement, as appropriate. 10. Transportation and Equipment The Village shall be responsible for having collected Recyclable Materials transported to the Authority's Materials Recycling Facility (MRF), transfer station or any other site(s) designated by the Authority for recycling (Facility). Any load of materials delivered to a Facility containing an excess of 10% residue as described in this Agreement and/or material not listed as Recyclable Material are unacceptable and shall be handled as set out in paragraph 13 hereafter. The Authority shall receive and dispose of all Recyclable Materials delivered by or on behalf of the Village, at no charge to the Village, except for unacceptable loads as described above. Collection/hauling equipment must be of a type to provide for rear unloading. 11. Improperly prepared Recyclable Materials When the collector's crews encounter improperly prepared material or non -recyclable items, they must follow this procedure: A) The collector shall pickup all Recyclable Materials except those contaminated by food or other foreign matter or those which cannot be conveniently retrieved from the reusable container. Improperly sorted materials or contaminated materials will be left in the reusable containers. The collector shall leave an Authority and Village approved form in the container. The form will notify the resident that material has not been properly sorted, and provide information on how to contact the Village Recycling Coordinator for further information. B) It shall be the responsibility of the Village's Recycling Coordinator to contact residents who repeatedly place improperly sorted materials at the curb or encourage them to properly sort materials. 12. Compliance with applicable law. The transportation of Recyclable Materials shall be undertaken in a suitable and adequate manner for such activity, and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. 13. Unacceptable Materials Criteria shall be established for acceptance of loads deemed suitable for processing at the Authority Facilities. For the first few months of the program, when the collector enters the Facility with a load, it will be dumped at the designated area. If the - 4 - load contains in excess of 10% residue, (meaning paper other than newspaper, dirty cans or bottles, or items not listed as recyclables by the Authority), the Facility will not accept these materials for recycling. If the problem persists future loads will be inspected before dumping and, if unacceptable, will be rejected. It will then be the responsibility of the Village to dispose of such contaminated recyclables in a suitable manner. Prior to adopting the countywide disposal assessment program the cost of disposing of unacceptable loads will be a cost to the Village. 14. Promotion and Education Responsibilities (Some responsibilities will shift in accordance with the options exercised in paragraph 1. The Authority and Village shall participate in promotion and education efforts as outlined below: A. The Village shall at least once a year distribute notice of service availability to each targeted household during the first year and in subsequent years. Additional notices may be distributed as necessary. B. The collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents as required. C. The Village shall require employees to deal courteously with customers on the telephone and on -route to promote the collection service and explain proper material preparation. D. The Authority shall be available to participate in promoting the recycling collection service at area fairs, neighborhood association programs, or other community events. E. The Authority shall be available to provide assistance to the Village on promotion and education material content and presentation. 15. Village shall maintain accurate records of any expenditures of grant funds it may receive in accordance with state grant guidelines and shall make these available to the Authority and the Department of Environmental Regulation as provided in Chapter 17-716.430, F.A.C. 16. The Village agrees that it shall require that all recyclables (as defined herein) separated from the normal waste stream that are collected by or on behalf of the Village shall become the property of the Authority, and shall be delivered to an Authority Facility. The Village will take such action as is necessary to insure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the Village and such other action as may be necessary to assure the success of the program. 17. Village and Authority further agree to expand the scope of recycling services to include such other areas as multi -family residential units and commercial units at such time as the parties agree it is appropriate or as required by law, and the parties hereto agree to use good -faith effort to reach agreeable terms to provide such additional services as required. - 5 - 18. The term of this Agreement shall begin on October 1, 1989, and continue through and including September 30, 1994. Thereafter, this Agreement shall be automatically renewed for one-year terms unless either party gives the other party a written notice of intent to not renew at least ninety (90) days before the date of next termination. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. 19. This Agreement may be modified only by the mutual written consent of both parties. 20. In the event of a change in law that abrogates or modifies any provision or application of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 21. All formal notices effecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: For Authority: Solid Waste Authority of Palm Beach County 5114 Okeechobee Blvd., Suite 2-C West Palm Beach, Florida 33417 Attention: Executive Director For the Village: Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469-0273 Attention: Village Manager 22. Designation of Recycling Coordinator. The Village and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the Village to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 23. If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated herein., IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written. As to the Authority: SOLID WASTE AUTHORITY OF WITNESS: PALM BEACH COUNTY By: Timothy F. Hunt, Jr. Executive Director - 5 - 18. The term of this Agreement shall begin on October 1, 1989, and continue through and including September 30, 1994. Thereafter, this Agreement shall be automatically renewed for one-year terms unless either party gives the other party a written notice of intent to not renew at least ninety (90) days before the date of next termination. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. 19. This Agreement may be modified only by the mutual written consent of both parties. 20. In the event of a change in law that abrogates or modifies any provision or application of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 21. All formal notices effecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: For Authority: Solid Waste Authority of Palm Beach County 5114 Okeechobee Blvd., Suite 2-C West Palm Beach, Florida 33417 Attention: Executive Director For the Village: Village of Tequesta P.O. Box 3273 Tequesta, Florida 33469-0273 Attention: Village Manager 22. Designation of Recycling Coordinator. The Village and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the Village to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 23. If any clause, section or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated herein., IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written. As to the Authority: SOLID WASTE AUTHORITY OF WITNESS: PALM BEACH COUNTY 312 Timothy F. Hunt, Jr. Executive Director 1 Approved as to form and legal sufficiency: By: Authority Counsel As to the City: VILLAGE OF TEQUESTA Thomas G. Bradfor —;�V Village Manager , Approved as to form and legal sufficiency: I By: ohn C. Randdlph Village Attorney