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HomeMy WebLinkAboutDocumentation_Regular_Tab 10I_7/23/1992 VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tcquesta Drive� S . Tcque.ta, Florida 33469-0273 • (407) 575-6200 9. Fax: (407) 575-6203 � M c01 N . MEM0I2ZN NI)LYM : • TO: Village Council FROM: Thomas G. Bradford, Village Manager —1 DATE: July 16, 1992 SUBJECT: Interlocal Agreement For Municipal Recycling; Solid Waste Authority Request for Amendment; Agenda Item The existing Interlocal Agreement For Municipal Recycling was entered into on August 1, 1990. Termination of the existing Agreement is September 30, 1994. To ensure the continued success of the Countywide Recycling Program, the Solid Waste Authority is requesting an extension of the Interlocal Agreement For Municipal Recycling to September 30, 2000, which will provide a long term guarantee that recyclable materials collected by municipalities are delivered to the Solid Waste Authority Material Recovery Facility. This guarantee of materials, in turn, guarantees the revenues needed to pay for the processing facility. It is recommended the Village Council adopt Resolution No. 23- 91/92, which will approve the SWA requested amendment to the Interlocal Agreement For Municipal Recycling. TGB/krb Attachment • . Recycled Paper SOLID WASTE AUTIIORITY %Vi - • c )!y l'.11,N1 fil;.1('l f ( ()I'N'll' . \o. ;..ill .\lurch•I .0 I<.uil 11'c,? I'ulm I4cuch,Ilnrldh, 33412 I.'h Ph,.11C (4117)(j'1r -41)UI1 June 23, 1992 Ms. Joann Manganiello Viilage of Tequesta Post Office Box 3273 Tequesta, FL 33469-0273 Dear Ms. Manganiello: Recently an Amendment to the Interlocal Agreement for Municipal Recycling was forwarded to you for approval by your Town or City Council. In response to this request, several municipalities have questioned the purpose of this extension. The purpose of this Interiocal, and Its subsequent extension, is to ensure the continued success of the county-wide recycling program. The SWA has incurred substantial costs to provide a processing facility on behalf of the entire County. Simply, we need to guarantee the materials, thus the revenues, for the facility. We are requesting and extension of the Interlocal Agreement for Municipal Recycling to September 30, 2000 which would provide a long-term guarantee that recyclable materials collected by municipalities are delivered to the SWA's Material Recovery Facility (MRF). Through cooperative efforts between the SWA, municipalities and private enterprises, we have achieved a 33.3% recycling rate by 1991. Although our MRF is designed to process 500 tons of recydables per day, we are averaging 260 tons per day, and on some peak days, processing approaches 400 tons per day. If the current facility must be expanded, or an additional new facility built, the SWA needs to be in the position to guarantee the flow of materials through the expanded or new facility. The county-wide recycling program has proven to be more successful at marketing the materials than neighboring counties, due, In part, to the cohesiveness of the program. Another reason for our request to extend the interlocal agreement Is that currently each municipality's agreement ends independently from all other agreements. We proposed the year 2000 for ease in order to reduce the frequency of renewals. We hope you will agree that Palm Beach County has been very fortunate In its recycling efforts. We look forward to working with all the municipalities In maintaining the recycling leadership role that together we have achieved. If there Is any further Information I can provide, please do not hesitate to contact my office. Sincerely, Patricia J. Franidin Intergovernmental/Franchise Manager cc: Kathy Duzan, Assistant Director of Operations Contract Management Sherry Welnschenk, Assistant Director of Recycling Recycled F SOLID WASTE AUTHORITY 'aoreirtc yj9� t OF PAIN BI;ACI I ('Ol'NTY o 0 7 r'()I .(rri ll li,F! I<trarl ',covrr' 1\r�l Palm Ifrarll,f1 irlda 33412 I.'I Irhunr (4071(i4O-441( 1 May 12, 1992 Ms. Joann Manganlello Village of Tequesta Post Office Box 3273 Tequesta, FL 33469-0273 Dear Ms. Manganiello: Enclosed are three original copies of an amendment to the Interiocal Agreement for Municipal Recycling which extends this agreement to September 30, 2000. We are now asking that all cities extend the Interlocal Agreement for Municipal Recycling to September 30, 2000, in order that we may assure the ongoing success of the recycling program. We hope that this new term ending date will be acceptable to you. If this extension is acceptable, please have the amendment submitted to your Village Council for approval. When it has been approved, it should be executed by the Village and your Village Attorney. All three original documents should be returned to me for execution by the Solid Waste Authority. Once fully executed, one original of the agreement will be mailed back to you, we will retain a copy at the SWA and our legal council will file one original with the Circuit Court Clerk's office pursuant to Florida Statue 163.01. Please do not hesitate to call me if you have any questions. Sincerely, • Patricia J. Franklin Intergovernmental/Franchise Manager Enclosures cc: Bernie Conko, SWA Legal Council Kathy Donohue, SWA Legal Council Kathy Duzan, Assistant Director of Operations Contract Management Sherry Weinschenk, Assistant Director of Recycling Recycled Pape. RESOLUTION NO. 23-91/92 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING. WHEREAS, the Village of Tequesta and the Solid Waste Authority of Palm. Beach County entered into an Interlocal Agreement For Municipal Recycling on August 1, 1990; and WHEREAS, the Interlocal Agreement for Municipal Recycling expires on September 30, 1994; and WHEREAS, the Solid Waste Authority has requested Village consideration of Amendment No. 1 to the Interlocal Agreement For Municipal Recycling to ensure the continued success of the Countywide Recycling Program by providing a long-term guarantee that recyclable materials collected by the Village of Tequesta are delivered to the Solid Waste Authority's Material Recovery Facility. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1 . Amendment No. 1 to the Interlocal Agreement For Municipal Recycling, attached hereto as Exhibit 1, is hereby approved. Section 2. The Village Manager is hereby authorized to execute the Amendment No. 1 to the Interlocal Agreement For Municipal Recycling on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The . motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of July, A.D. , 1992. MAYOR OF TEQUESTA Earl L. Collings ATTEST: Joann Manganiello Village Clerk AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING THIS AGREEMENT entered into this day of 1992, by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (Authority) , a dependent special district, and VILLAGE OF TEQUSTA (Village), a Florida chartered municipality, to amend a prior Interlocal Agreement entered into between the parties. W I T N E S S E T H: WHEREAS, the Authority and Village entered into an Interlocal Agreement for Municipal Recycling dated August 1, 1990 (the Agreement); and WHEREAS, the parties desire to extend the term of the Agreement to September 30, 2000. NOW THEREFORE, for and in consideration of the mutual promises and covenants set out herein, the parties agree: 1. Paragraph 18 of the Agreement is amended by changing the date of termination to be September 30, 2000. 2. No other provisions of the Agreement are affected by - this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. As to the Authority: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY By: Timothy F. Hunt, Jr. Executive Director Approved as to form and legal sufficiency: By: Authority Counsel As to the Village: ATTEST: VILLAGE OF TEQUESTA By: Village Clerk Title: [seal] Approved as to form and legal sufficiency: By: Village Attorney 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. W I T N E S S E T H: i WHEREAS, the Authority has been empowered by law and i 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 :he 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 shalt_ 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' I - a 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. - 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 material delivered to a Facility containing an excess of es ue a 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 gill 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 391 load contains in excess of .14$ res ue, (meaning paper other than newspaper, dirty cans or bott s, or items not listed as recyclables by the Authority), t e 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. \ il - 5 - lt a4 ' ��" �( 44'ao//,/990 18. The term of this Agreement shall beg; on 6eheber 4-,---37989, and continue through and including F.eptember 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, 17��fc4. "/� 'f f Timothy Hunt, r. Executive Director V • - 6 - Approved as. to form and legal sufficiency: By: /,// - < C/ ,y A6 6riy C6t.ntse As to the City: VILLAGE OF TEQUESTA By: Thomas G. radford Village Manager Approved as to form and legal sufficiency: By: John C. Rando h Village Att, rney