HomeMy WebLinkAboutDocumentation_Regular_Tab 9F_5/10/1990 frA
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krOr' h VILLAGE OF TEQUESTA
• ' Post Office Box 3273 • 357 Tequesta Drive
• �' Tequesta, Florida 33469-0273 • (407) 575-6200
r� y FAX: (407) 575-6203
MEMORANDUM :
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: May 3, 1990
SUBJECT: Interlocal Agreement with the Solid Waste Authority
for Municipal Recycling
Please find attached an Interlocal Agreement between the
Village and the Solid Waste Authority of Palm Beach County as
proposed by the Solid Waste Authority. This Agreement is an Agenda
item for the May 10, 1990 Village Council Meeting.
The major provisions of this Agreement are as follows :
o The Village must provide recycling curbside collection
services to its residents receiving curbside solid waste
collection. This service is provided currently via the
Franchise for Recycling Services with Nichols Sanitation
as approved by the Village Council in August of 1989 . The
specific regulations and procedures proposed in the
attached Interlocal Agreement echo those in the Franchise
Agreement.
o The Village must provide the Authority with relevant
information on the recycling program in Tequesta. Nichols
currently provides this information directly to the SWA and
so this provision is also satisfied currently.
o The impact of this Agreement is primarily found in
Paragraph 16 which obligates the Village to transfer title
to the SWA of collected Recyclable materials. The SWA is
assuming the risk of marketing the materials in return for
the Village providing a guaranteed source and flow of
materials. The SWA would not reimburse the Village for
these materials. Conversely, however, there would be no
charge to the Village in the event markets were not
available. To our knowledge, there are no reasonable
alternative receivers to whom the Village could deliver
materials.
To: Village Council
RE: Interlocal Agreement with Solid Waste Authority
May 3, 1990
Page 2 -
The Village Attorney has reviewed the Agreement as summarized
on the attached correspondence. In response to Mr. Randolph' s
concern relative to the duties imposed upon the Village, most of
these functions are being performed now, for example, collection of
materials in the manner specified, periodic reports to the Solid
Waste Authority, annual disemmination of information to residents,
etc.
The term of the Agreement is five years, and would begin
October 1 , 1989 . The Agreement would therefore run concurrently
with the Village ' s five-year Recycling Franchise with Nichols
Sanitation.
It is recommended that you approve this Agreement.
TGB/WKH/mk
Attachments ( 2 )
Interlocal Agreement
Correspondence of 3/26/90 from John C. Randolph
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
506 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P O. DRAWER E R BAUCE JONEB
tso4tw
MARRY'B NEAANDER MICHAEL T KRANZ WEST PALM BEACH, FLORIDA 33402-3475
GEORGE M BAl EY BLAM R LITTLEJOHN III
KEVIN C BELJ"ENMULLER HENRY F LAENTHAL
JOHN M LAROUx ( ��� 100219/2
MICHAE�D BROWN JOHN BLAIR McCRACKEN FAX:(407)832-1454
RLRH P CLEMENTS PAMELA A MCNIERNEY ,I
SCOT'M TIM
OTHY TOTHY E MONACHAN MARRY AIL.ISON JOHNSTON
MARGARET L COOPER GUY RABIDEAU t$S6.19621
REBECCA G DOANE JOHN C RANDOLPH
RANDY 0 ELL ON ANDREW R ROSS
L ART FLANAGAN STEVEN J ROT RETIRED
M IN
SCAT'A GLAZIER PETER A SACHS WALJAN A FOSTER
LORI E HMOELSMAN JOEL T STRAWN WRITER'S DIRECT LINE
SCOT'G HAWKINS SIDNEY A STUBBS JR
THORNTON M HENRY ALLEN R TOMLINSON .�N OTHER LOCATION
PETER S NOLTON JOHN S TAMPER
MARRY A JO STON II MICHAEL P WALSH
J A AIi0EN5N MADAMS WEAVER ( )I
/ SR N.E FOURTH AVE
MARK KLEELD PAUI C WOLFE DELRAY BEACH,FLORIDA 33R
B IF
CHAWIS B 10'VAL MARLS WOOI.i
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March 26, 1990 QR.o
V" jC�
Ms. Wendy K. Harrison
Village of Tequesta ,I j ., '-
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Proposed Interlocal Agreement with Solid Waste
Authority Regarding Recycling
Our File No. 13153 . 1
Dear Wendy:
This is in response to your letter of March 8th regarding the above
referenced subject. I really see no problem with entering into the
Interlocal Agreement for Municipal Recycling as long as it is
cleaned up to the extent necessary to make it applicable to the
"Village" .
There are many duties imposed upon the Village in entering into
this Agreement. The only thing I recommend is that you be
comfortable with the necessity of having to comply with those
duties and obligations. Additionally, are you comfortable in
having this for a five year term?
Sincer ,
John . Randolph
JCR/ss
INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
THIS AGREEMENT made and entered into this day
of , 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.
1
WITNESSET H:
WHEREAS, the Authority has been empowered by law and
through interlocal agreement to carry out the powers,
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.
i
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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.
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 10th 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 Beverage 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.
1
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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 I
Authority for recycling ( Facility) . Any load of materials
delivered to a Facility containing an excess of 10% residue as I
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
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I 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 I
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.
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18. The term of this Agreement shall begin on October Ii
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 I
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
.
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IApproved as to form and legal sufficiency:
By:
Authority Counsel
As to the City:
VILLAGE OF TEQUESTA
By:
Thomas G. Bradford
Village Manager
Approved as to form and legal sufficiency:
By:
John C. Randolph
Village Attorney