HomeMy WebLinkAboutDocumentation_Regular_Tab 7D_5/11/1989 .21:r
VILLAGE OF TEQUESTA
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Post Office Box 3273 • 357 Tequesta Drive
Tequesta,. Florida 33469-0273 • (407) 575-6200
FAX: (407) 575-6203
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TO: Thomas G. Bradford, Village Manager
FROM: Wendy K. Harrison, Administrative Assistant
to the Village Manager 016/
DATE: May 5, 1989
SUBJECT: Interlocal Agreement with the Solid Waste Authority
for Joint Solid Waste Management Grant Application
As you know, the 1988 Florida Solid Waste Act established
mandatory recycling goals for all Florida counties and, by
implication, Florida municipalities. Included in the Act, was
provision for State Grants to fund local recycling efforts. These
grants are available to cities with populations greater than 50,000,
and to counties in conjunction with municipalities. Therefore, the
Village of Tequesta is not eligible for direct grants. The Solid
Waste Authority of Palm Beach County has asked the Village to
participate in a joint grant application, per the attached
Interlocal Agreement and cover letter of Timothy F. Hunt, Jr. ,
Executive Director, SWA.
Of the $25,000,000 proposed to be disbursed by the State
annually for the next five years, Solid Waste Authority analysis
indicates that Palm Beach County would be entitled to approximately
$1.2 million. The Solid Waste Authority proposes to spend any
dollars received in the first year on a public information campaign
to benefit the county as a whole and to purchase curb side
containers which would be available to any city wishing to start a
program. In subsequent years, cities could make application to the
Solid Waste Authority for funding of individual recycling projects.
As explained to me by the Solid Waste Authority, if the Village
applied for funding of a particular program which met State
requirements, it would be guaranteed at least a per capita share of
the funds received by the Solid Waste Authority. If the Village
does not enter' into the Interlocal Agreement, Tequesta would be
ineligible for these grants.
The Solid Waste Authority' s deadline is mid-May for application
to the State, and they have asked that, if the Village is willing to
enter into the, Interlocal Agreement, that we return the approved
Agreement to them by May 16. I am therefore requesting that
consideration of this Agreement be placed on the Agenda of the May
11, 1989, Village Council Meeting.
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April 24, 1989
Mr. Thomas Bradford
Village of Tequesta
Post Office Box 3273
Tequesta, FL1 33469
RE: Inter-local Agreement for Recycling Grant Application
Dear Mr. Bradford :
The Solid Waste Authority of Palm Beach County requests the
Village of Tequesta to participate in a joint application for
recycling grant money from the Florida Department of Enviromental .
Regualtion under the grant program established by the Florida
Legislature. 'I As you know, 1988 revisions to solid waste management
laws require ;recycling 30% of the solid waste stream in all Florida
Counties by11994 . To assist local governments in pursuing
recycling programs the State has established a six year grant
program which will disburse $25,000,000 statewide annually. These
grants are to enable local government to operate solid waste
management recycling and education programs to carry out the
purposes of the recycling legislation.
In Palm Beach County the Solid Waste Authority is charged with
the responsibility of ensuring that the goal is met . The statute
and grant rules strongly encourage the Authority and cities to
apply jointly through interlocal agreements. In Palm Beach County
only two cities would qualify to apply on their own because each
applicant must have a 1988 population of greater than 50,000.
Additionally,. they must match the grant on a dollar-for-dollar
basis if applying individually. However, if a sufficient number
of municipalities apply jointly with the Authority, there is no
matching requirement. The county as a whole would be entitled to
approximately, 1 . 2 million dollars each year.
First year funds will be used for the purpose of curbside
containers to be made available to any city wishing to start a
program, and' for a county wide public information campaign
consisting of ;newsletters, brochures, and advertisements to promote
recycling and benefit the county as a whole. In subsequent years,
each participating city will have the option to submit to the
Authority individual project plans that will be included in the
application to DER. Pages 3-4 of the interlocal agreement explain
these application procedures.
5114 Okeechobee'' Blvd. / Suite 2C / West Palm Beach, Florida 33417 /Telephone (407) 471-5770
Mr. Thomas Bradford
Village of Tequesta
April 24, 1989
Page Two
In order to apply jointly for the grants, the Authority and
the municipalities must enter into interlocal agreements to
determine how the grant funds, if awarded, shall be used. An
interlocal agreement for the grant application is enclosed. The
Authority urges you to join in this recycling grant program by
approving and entering into this interlocal agreement.
The deadline set by the Department of Enviromental Regulation
for filing grant applications, for the fiscal year ending September
30, 1989 is May 19, 1989. Accordingly, the Solid Waste Authority
will need to have interlocal agreements returned to us by May 16,
1989 . Please contact me with any questions you may have, or ask
for Caroline Mixon in my absence. In the interest of meeting the
States deadline, your prompt attention is needed and will be most
appreciated.
Sincerely,
Ii6It'1441211/47e41
Timothy F. Hunt, Jr.
Executive Director
TFH\kae
a:application. ltr
INTERLOCAL AGREEMENT FOR JOINT SOLID WASTE
MANAGEMENT GRANT APPLICATION
This AGREEMENT made and entered into this day of ,
1989, 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, Florida, a municipal
corporation, chartered and organized in accordance with the laws
of the State of Florida, hereinafter called "Village, " in order
to make a joint application to the State of Florida, Department
of Environmental Regulation (DER) for the Solid Waste Management
Grant Program for the funding of recycling and related education
projects in accordance with Chapter 403, Part IV, Florida
Statutes.
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, Florida Statutes, makes the Authority
responsible for initiating recycling programs and insuring
municipal involvement; and
WHEREAS, the State of Florida ( "State" ) has established a six-
year grant program for recycling and education projects; and
WHEREAS, without making joint application with the Authority,
the Village would be unable to obtain any grant benefit; and
WHEREAS, if the Authority on behalf of the unincorporated
areas of the County and on behalf of municipalities, together
comprising seventy-five percent (75%) of the total incorporated
population within the County, jointly make application for a
grant, then a grant may be obtained without any matching funds;
and
WHEREAS, cooperative arrangements through interlocal
agreements for implementing recycling programs are encouraged
throughout Chapter 403, Florida Statutes; and
WHEREAS, municipal opportunities to participate in recycling
and grant programs are maximized by joint application with the
Authority; and
WHEREAS, the Village of Tequesta desires to work with the .
Authority toward achievement of the State recycling goal and to
maximize the benefits of the grant program for the Village and
all of Palm Beach County.
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 acknowledges and understands that the Authority,
by law and through interlocal agreement, takes the place
of the "county" to carry out the powers, requirements and
obligations prescribed to a county as set out in Chapter
403, Part IV, Florida Statutes.
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2. Village hereby authorizes the Authority, on behalf of the
Village and the Authority, to submit to the DER a joint
application for a solid waste grant for the first grant
year (ending September 30, 1989) and subsequent grant
years (beginning October 1, 1989-1993) with the deadline
for filing the first year occurring in May 1989.
3. Village acknowledges and understands that the Authority
will submit the grant application for the benefit of the
Village, the unincorporated areas of the county, and the
county as a whole, as is appropriate, and that said
application will be made also on behalf of other
participating municipalities.
4. Village agrees to provide to the Authority all information
needed to develop a complete recycling plan and grant
application and to comply with all reporting requirements
prescribed by Florida Statutes and/or DER Rules and
Regulations.
5. Authority agrees to solicit other municipalities in the
county to join in this grant application in order to
achieve the application level of 75% of the total
incorporated population in the county as stated above.
6. Authority agrees to submit grant applications based on the
following guidelines and in accordance with the DER Rules
and Regulations:
A) Application for the first grant year (present year)
ending September 30, 1989, will be based solely upon a
county-wide plan for applying the grant funds to
benefit the county as a whole.
B) Application for subsequent grant years (October 1, 1989-
1993) will be based upon the following:
1) For municipalities that have entered into interlocal
agreements with the Authority under this grant
program and similar to this interlocal agreement
(Participating Cities) that submit a written plan
for a qualifying grant project to the Authority
prior to thirty (30) days before the filing deadline
established by DER, such plan will be included in
the grant application, providing it meets the filing
requirements set out in the DER Rules and
Regulations.
2) The Authority's qualifying project plan for the
unincorporated areas of the county.
3) For participating cities that do not submit a plan
for filling the requirements of Section 6-B-1 above,
the Authority will either include them in the
Authority' s plan for the unincorporated areas of the
county or will include them in a qualifying plan to
benefit the county as a whole.
7. Authority agrees to distribute funds received under this
grant program to participating cities as follows:
A) Funds shall only be distributed on the basis of
expenditures approved by DER.
B) For the first grant year (ending September 30,
1989), no funds will be distributed to participating
cities, but all grant funds received will be applied
to benefit the county as a whole based upon such
approval as is given by DER of the submitted plan.
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C) For subsequent grant years (October 1, 1989-1993), grant
funds shall be distributed by the Authority to
participating cities or applied by the Authority to
unincorporated areas of the county or for the benefit of
the county as a whole on the basis of grant application
approvals by DER. That is, if a participating city's
submitted project plan is approved ir whole, or in part,
or denied totally, then that participating city shall
receive funds accordingly based on the percentage of its
plan that has been approved.
D) Authority will distribute grant funds to the Village and
all other participating cities within thirty (30) days of
receipt of grant program funds from the State.
8. Village agrees that Authority will be entitled to deduct and
retain for the Authority's account, from any funds
distributable to the Village, 5% of the amount distributable
to the Village, to cover Authority administrative costs.
9. Village shall maintain accurate records of all expenditures
of grant funds and shall make these available to the
Authority and DER as provided in Chapter 17-716.430, F.A.C.
10. Village agrees not to make separate application for grants
under this program or to take any action which would conflict
with or frustrate the intent of this agreement as long as
this agreement is in effect.
11. Nothing contained in this agreement shall prohibit Village
from making application for grants under other provisions of
Chapter 403, Florida Statutes that are not in conflict
herewith.
12. This agreement shall remain in effect through the life of the
DER Solid Waste Grant Program, currently scheduled to expire
on September 30, 1994.
13. This agreement may be modified only by the mutual written
consent of both parties.
14. 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.
15. This agreement may be terminated by either party provided
that such termination be given in writing to the other party
at least 90 days prior to the close of any grant year and
shall be effective upon the close of such grant year.
Notwithstanding termination, any rights or duties imposed by
law shall remain in effect, in particular but without
limitation the exchange of information to fulfill the State's
annual reporting requirements.
16. All formal notices affecting 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 Boulevard, Suite 2-C
West Palm Beach, Florida 33417
Attention: Executive Director
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For the Village:
Village of Tequesta
P. O. Box 3273
Tequesta, Florida 33469
Attention: Village Manager
17. 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
WITNESSES: PALM BEACH COUNTY
By:
Timothy F. Hunt, Jr.
Executive Director
Approved as to form and Legal
Sufficiency: -
By:
Authority Counsel
AS TO VILLAGE:
WITNESSES:
By:
Thomas G. Bradford
Village Manager
Approved as to form and legal
sufficiency:
By:
Village Attorney