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HomeMy WebLinkAboutDocumentation_Regular_Tab 10K_7/20/2000 'T `n. ter4 __ . '',/f;.:40;,- ti 0 :,,9.14, 'p, : y,,u ` MEMORANDUM TO:Joann Manganiello, Acting Village Manager FROM: Richard Diamond, Interim Assistant Village Manager \"/ DATE:July 12, 2000 SUBJECT: Resolution 69-99/00- Approving an Interlocal Agreement with the Solid Waste Authority (SWA) of Palm Beach County for Recycling and Grant Management Agenda Item Under the provisions of the Florida Resource Recovery Act, county governments are responsible for operating solid waste landfills and providing for solid waste recycling programs. The Act further encourages the use of interlocal agreements with other local governments to implement recycling programs. The Village first entered into an interlocal agreements with the Solid Waste Authority (SWA) for recycling and grant management in 1989 and 1990. The agreements were revised in 1990 and 1992. They established the recycling collection program within the Village and increased the Village's ability to receive funding from Florida's recycling grants programs. The current agreement was entered into in 1994 and expires on September 30, 2000. Attached is a proposed renewal agreement with the SWA for recycling and grant management It is similar to our current agreement. The following describes the major changes: I. Paragraph 4 (B) on page 2 has been added to include commercial recycling. This provision requires the Village to develop a commercial recycling plan that encourages businesses to recycle solid waste. 2. The collection of solid waste data for businesses has been added to paragraph 7(A) through (D) on page 3. 3. The second paragraph under 8(A) on page 3 has been revised by deleting reference to the colored recycling containers and instead referring to the "appropriately designated reusable container". The last sentence of that paragraph has also been added which allows the SWA to modify the manner in which materials are set out for collection. 4. Section 8(B) beginning on page 5 has been added. This section describes the recyclable materials for businesses. 5. Section I I (A) and (B) on page 6 has been modified by adding a provision that the SWA will offer training to collection route drivers in order that they are able to recognize unacceptable material set out for recycling. This section also requests that the Village consult with the SWA on recycling requirements before executing a renewed solid waste collection franchise with a hauler. 6. Section 12 on pages 6 and 7 encourages the Village to amend its land development regulations to require multi-family and commercial developments to provide space for recycling containers. 7. Section 14 (A) on page 7 requires the Village to distribute educational materials on recycling to businesses in the Village once a year. This can be accomplished using "Smoke Signals". 8. Section, 15 beginning on page 8, continues to authorize the SWA to apply for recycling grants on behalf of the Village. A new provision, section 15 (H) on page 9 has been added which prohibits the Village from applying for recycling grants during the term of the agreement. 9. Section 18 on page I 0 provides for the agreement to continue through September 30, 2005. Staff recommends that the Village Council adopt Resolution 69-99/00 approving the recycling and grant management interlocal agreement with the Solid Waste Authority of Palm Beach County. Should you have any questions or require additional information, please advise. RESOLUTION NO. 69-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT. WHEREAS, The Solid Waste Authority of Palm Beach County Has Been Empowered by the Provisions of Chapter 403 , Part IV, Florida Statutes to Develop Solid Waste Recycling Programs Throughout the County; and WHEREAS, The Village of Tequesta Has Cooperated With the Solid Waste Authority of Palm Beach County Through Interlocal Agreements Since 1989 For the Development and Implementation of Solid Waste Recycling Grants and Programs, and WHEREAS, the Latest Interlocal Agreement Will Expire on September 30, 2000, and Both the Village of Tequesta and The Solid Waste Authority of Palm Beach County Desire to Enter Into This New Agreement . NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. An Interlocal Agreement With the Solid Waste Authority of Palm Beach County for municipal Recycling and Grants Management, attached hereto as exhibit "A" , and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village is authorized to execute the same on behalf of the Village . 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 20th day of July, A.D. , 2000 . MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Joann Manganiello Village Clerk INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT, made and entered into this day of , by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent 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"), to enter into an Interlocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, the Authority has been empowered by law 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, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the State of Florida ("State") has established a grant program for recycling and education projects; and WHEREAS, without making joint application with the Authority, the Village may not be able to obtain a grant or would have to provide matching funds to receive any grant benefits; and WHEREAS, the Village desires to work in cooperation with the Authority to continue establishment of a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV,Florida Statutes. WHEREAS, on or about September 21, 1994, the parties entered into an Interlocal Agreement for Municipal Recycling and Grant Management; and WHEREAS, the parties desire to terminate said agreement and enter into this new Agreement. 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 agrees to collect or to enter into a contract for the collection of Recyclable Materials as defined in Section 8. 2. Village agrees to cooperate with the Authority in making a grant application to the State of Florida as defined in Section 15. 1 3. Village agrees to 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 program and other applicable state and local laws. 4. Recyclable Collection Service A. Residential Curbside and Containerized Service This provision applies to residential units receiving curbside or containerized solid waste collection service. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 8) from designated residential units within the Village. Authority provided promotional materials may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be deleted from collection because of infrequent participation, unless it is determined by the Village and the Authority that the recycling collection is not feasible in a particular solid waste collection service area. Before deleting any residents from participation, the Village will notify the Authority why it believes such residents should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the Village. B. Commercial Service This provision applies to commercial establishments located within the Village's limits. Municipal, contract crews, or other companies licensed to provide recycling collection services shall collect Recyclable Materials (defined in Section 8) from designated commercial units within the Village. The Authority is available to provide informational/educational material and conduct waste audits when requested by the Village. No business will be prevented from participating unless it is determined by the Village and the Authority that the recycling collection is not feasible in a particular solid waste collection area. If the Village becomes aware of any commercial establishments that have been deleted from participation, the Village will notify the Authority and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the Village. The Village is expected to develop a plan which provides direct recycling collection services to the majority of the businesses within the Village's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal, or to provide direct collection services on a cost basis when requested by the Village. 5. Collection Schedule The collection schedule shall have a minimum frequency of once per week for each Residential and Commercial Unit and shall be made on a day as determined by the Village or Collector. 2 6. Point of Collection Collection shall be at curbside, or within the public right-of-way adjacent to the paved roadway, or adjacent to/in the same location as designated for garbage/refuse collection 7. Data Collection The Village or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households or businesses on each route. B. Number of households setting out any or all materials for the month. C. Total weight of residential materials and total weight of commercial material collected for the month. D. Residential and Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following the end of each month. 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. The Village has the right to request quarterly progress reports from the countywide program. 8. Collection of Source-Separated Recyclable Material A. Residential Individual residents/homeowners shall be encouraged by the Village to separate their solid waste into recyclables and nonrecyclables. Each residential unit or combination of units will receive the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: Aluminum Containers, Aluminum Foil Products, Aseptic Packages, Gable-topped Containers, Glass bottles and jars (green, brown and clear), and All Plastic Containers. Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Newspapers shall be placed loose in the other appropriately designated reusable container, and all residents shall be encouraged to place all other paper material, consisting of Magazines or Phone Books, in a Kraft bag and place in or near the Newspaper reusable container. Old Corrugated Containers shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in 3 the same reusable container as the Newspaper. Residents receiving containerized service may receive a separate container to be used for the collection of Old Corrugated Containers. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the Village. Notice for a substantial change in collection method shall be no less than one year. Further expansion of designated materials is expected to commence when feasible (Phase II) and shall minimally include Junk Mail, Chipboard/Pressboard Paper and any other materials approved in writing by the Village and the Authority. The Recyclable Materials are more specifically defined as follows and shall be prepared for collection in accordance with processing standards in paragraphs 1 through 13 below: (1) Aluminum Containers - aluminum beverage cans and containers (pet food, tuna, etc.), but not bi-metal containers. These containers shall be empty, rinsed and dry. (2) Aluminum Foil Products - any aluminum material, made solely of aluminum, other than aluminum containers. These items shall be rinsed and free of food contaminants. Examples of acceptable items include aluminum foil, pie plates and T.V. dinner trays. (3) Aseptic Packages - poly-coated paperboard containers with aluminum liners, for example drink boxes. These items shall be empty, rinsed, straws removed and flattened. (4) Gable-Topped Containers - poly-coated paperboard containers, for example, milk cartons. These containers shall be empty, rinsed and flattened. (5) Glass - rinsed, whole green, brown and clear bottles and jars, but shall not include cooking ware, plate glass, safety glass, light bulbs, ceramics and non-glass materials. Caps, lids, and any type of top shall be removed from the containers. Labels may remain on the containers. (6) Plastic Containers - Milk jug, water bottle, and laundry detergent containers (HDPE), soft drink bottles (PETE) and all other plastic containers (except styrofoam containers), empty, rinsed and dry, with tops, caps or lids removed. (7) Old Corrugated Containers - containers having liners of either test liner, jute or Kraft. These items shall be dry and shall not include any wax coatings, and shall be cut to an acceptable size, flattened, bundled and set beside containers or placed in the Newspaper reusable container. 4 (8) Kraft Bags - brown paper grocery or shopping bags. These items shall be either filled as stated above, or folded and placed in the Newspaper reusable container. (9) Magazines - dry, coated magazines, catalogs and similar printed materials. These items may be placed in Kraft bags and placed in or near the Newspaper reusable container. (10) Newspapers - newspapers, supplements, advertising and magazine sections (all of which would have been included with the newspaper), packed loose in the Newspaper reusable container. • (11) Phone Books - telephone directories made of paper. These may be placed in Kraft bags and placed in or near the Newspaper reusable container at any time during the year. (12) Junk Mail (Phase II) - means envelopes, flyers and correspondence received by residents through the U.S. Postal system. Items are to be placed in a container as agreed to by the Village and the Authority. (13) Chipboard/Pressboard Paper (Phase II) - means folding paper cartons used for packaging. Examples include tissue, cereal and dry good packaging. Items are to be placed in a container as agreed to by the Village and the Authority. B. Commercial Individual businesses shall be encouraged by the Village to separate their solid waste into two categories, recyclable and non-recyclable. Businesses contracting for services will arrange with service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include Commingled Recyclable Materials, Old Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any other materials agreed to in writing by the Village and the Authority. Sorted White Ledger and Sorted Office Paper are more specifically defined as follows and shall be prepared for collection in accordance with the collection standards below. (1) Sorted White Ledger - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted Office Paper - office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper, a small percentage of groundwood computer printout and facsimile paper and 10% other commercially generated office paper including but not limited to newspaper,junk mail, magazines and catalogs. 5 9. Commercial Recycling Revenue Share As a further incentive for the Village to actively pursue commercial recycling, the Authority and the Village may enter into a separate agreement to provide for payment to the Village for all acceptable loads of agreed upon commercial Recyclable Materials. 10. Transportation and Equipment The Village shall be responsible for having collected Recyclable Materials transported to or an Authority designated facility, including, but not limited to, the Authority's North Materials Recycling Facility (NMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the Village, at no charge to the Village, except for unacceptable loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved from the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or Village approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide information on how to contact the Village or Authority recycling coordinator for further information. Upon request of the Village, the Authority will provide rejection procedure training for the route drivers. The Authority and the Village will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the Village's ability to have the collector fulfill the Village's recycling needs, the Village agrees to notify and consult with the Authority when preparing the Village's future request for collection franchise bids. B. It shall be the responsibility of the Village or collector to contact residents or businesses who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem persists, the Village shall notify the Authority, who shall then assist the Village in resolving the Problem. 12. Compliance with Zoning Ordinances 6 Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The Village further agrees to use its best efforts to amend or modify its appropriate zoning, building, or land development code to require new multi-family or commercial developments to provide adequate space for recycling containers. 13. Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non-recyclable materials by weight,the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the Village to dispose of any rejected loads in a suitable manner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5%. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the Village. 14. Promotion and Education Responsibilities The Authority and the Village shall participate in promotion and educational efforts as outlined below: A. The Village shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for the development, printing and supplying of promotional and educational materials as needed. B. The Village or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. C. The Village or Collector shall participate in the Authority's "Keep It Clean" tagging program. D. The Village or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. E. Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the Village on promotional and educational materials' content and presentation, at no cost to the Village. 7 15. Grant Management A. The Village authorizes the Authority, on behalf of the Village and the Authority, to submit to the Florida Department of Environmental Protection (DEP) a joint application for a solid waste recycling and education grant for all years in which the grant is available. B. The 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. C. The Village agrees to provide to the Authority all information needed to develop and maintain a complete recycling plan and grant application and to comply with all reporting requirements prescribed by Florida Statutes and DEP Rules and Regulations. D. The Authority agrees to submit grant applications based on the applicable following guidelines and in accordance with the DEP Rules and Regulations: (1) Application for the grant year may be mutually agreed to by the parties to be based solely upon a countywide plan for applying the grant funds to benefit the county as a whole, or (2) For municipalities that have entered into Interlocal Agreements with the Authority under this grant program and similar to this Interlocal Agreement (hereafter called Participating Cities) and that submit a written plan for a qualifying grant project to the Authority 60 days prior to the filing deadline established by DEP, such plan will be included in the grant application, providing it meets the filing requirements set out in the DEP Rules and Regulations. (3) Application for the grant may be based upon the Authority's qualifying project plan for the unincorporated areas of the county. (4) For cities that do not submit a plan for filling the requirements of Section 15D(2) 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. E. The Authority agrees to distribute funds received under this grant program when appropriate to Participating Cities as follows: (1) Funds shall only be distributed on the basis of expenditures approved by DEP. 8 (2) If a countywide Grant Program application was submitted, then 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 DEP of the submitted plan, or (3) If a joint Grant Program request was submitted, then 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 DEP. That is, if a Participating Village's submitted project plan is approved in whole, or in part, or denied totally, then that Participating Village shall receive funds accordingly based on the percentage of its plan that has been approved. (4) The 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. F. The Village agrees that the Authority will be entitled to deduct and retain for the Authority's account, from any funds distributable to the Village, 5% of the grant award to cover Authority administrative costs, and 20% of the amount received for the countywide education program. G. The Village shall maintain accurate records of all expenditures of grant funds and shall make these available to the Authority and DEP as provided in Chapter 17- 716.430,F.A.C. or any successor regulation. H. The 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. I. Nothing contained in this agreement shall prohibit the Village from making application for grants under other provisions of Chapter 403, Florida Statute that are not in conflict herewith. 16. Delivery of Collected Material The Village agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the Village shall be delivered to Authority designated facilities. The Authority may, from time to time, undesignate a facility. The Village will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the Village. 9 17. Changes in the Law Should the State of Florida or the Authority determine any of the items described in Section 8 to be non-recyclable or designates new Recyclable Materials during the term of this Agreement, the Authority and the Village will negotiate a method for modifying or terminating this Agreement, as appropriate. 18. Term This Agreement shall begin the date herein above and continue through and including September 30, 2005. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be terminated by the mutual written consent of both parties. 19. This Agreement may be modified only by the mutual written consent of both parties. 20. In the event of any changes in law that abrogates or modifies any provisions or applications 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 affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail or by facsimile to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual: For the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561-683-4067 For the Village: Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 Attention: Village Manager Facsimile Number 561- 575-6203 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. 10 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 valid as if such portions thereof had not been incorporated herein. 24. The prior Interlocal Agreement For Municipal Recycling And Grant Management dated September 21, 1994, entered into by the parties hereto shall terminate on the date of execution of this Agreement, and neither party shall have any rights, duties or obligations arising therefrom after the date of termination. The remainder of this page intentionally left blank. 11 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lockhart Executive Director APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: General Counsel, Solid Waste Authority VILLAGE OF TEQUESTA: WITNESSES: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: 12