Loading...
HomeMy WebLinkAboutResolution_22-93/94_08/30/1994 • RESOLUTION NO. 22 — 9394 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA. WHEREAS, on or about May 17, 1989, the Solid Waste Authority and the Village of Tequesta entered into an Interlocal Agreement for the management of the State of Florida Recycling and Education Grant Program; and WHEREAS, on or about August 1, 1990, the Solid Waste Authority and the Village of Tequesta entered into an Interlocal Agreement for Municipal Recycling which was subsequently amended on or about October 21, 1992; and • WHEREAS, the parties desire to terminate the Agreements of May 17, 1989 and August 1, 1990 and all the amendments thereto and enter into this new Agreement; and WHEREAS, the Village of Tequesta desires to work in cooperation with the Solid Waste Authority to continue establishment of a Municipal Recycling Program toward achievement of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes, and in making a Grant application to the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement for Municipal Recycling and Grant Management, attached hereto as Exhibit 1, is hereby approved. Section 2. The Village Manager is hereby authorized to execute the Interlocal Agreement for Municipal Recycling and Grant Management on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember Schauer , who moved its adoption. The motion was seconded by Councilmember Cn11;nae and upon being put to a vote, the vote was as follows: I • FOR ADOPTION AGAINST ADOPTION Joseph N. Canretta i Ron T. Mackail William E. Burckart Earl L. Collings Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 30th day of August, A.D., 1994. MAYOR OF TEQUESTA Ron T. Mackail 4 AT'T'EST: oann Mangani6 Village Clerk • EXHIBIT 1 • INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT, made and entered into thisZ! of 199 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 terminate the Interlocal Agreement for Municipal Recycling entered into between these two parties on or about August 1, 1990 and the Interlocal Agreement for Grant Management entered into between these two parties on or about May 17, 1989 and to establish an Interlocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, on or about May 17, 1989, the Authority and the Village entered into an Interlocal Agreement for the Management of the State of Florida Recycling and Education Grant Program; and WHEREAS, on or about August 1, 1990, the Authority and the Village entered into an • Interlocal Agreement for Municipal Recycling which was subsequently amended on or about October 21, 1992; and WHEREAS, the parties desire to terminate the Agreements of May 17, 1989 and August 1, 1990 and all the amendments thereto and enter into this new Agreement; and 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, 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 would be unable to obtain a grant or would have to provide matching funds to receive any grant benefits, except as provided in Chapter 403, FLorida Statues; and 1 • WHEREAS, the Village desires to work in cooperation with the Authority to continue establishment of a municipal recycling program toward achievement of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes. 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. 3. Village agrees to cooperate with the Authority to ensure that all necessary and required information is provided 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 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 Recyclable Materials 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 a route list because of infrequent participation, unless it is determined that the recycling plan is not feasible in a particular solid waste collection service area. 5. Collection Schedule The collection schedule shall have a minimum frequency of once per week for each Residential and shall be made on a day as determined by the Village or hauler. 6. Point of Collection • 2 • 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 on each route. B. Number of households setting out any or all materials for the month. C. Total weight of residential materials collected for the month. D. Material disposition, including date, type, and quantity of material discharged at each SWA designated facility. E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling • Department by the 10th 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. • 3 • 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 two reusable containers 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 Plastic Containers bearing the coding number 1 or 2. Commingled recyclables will be deposited into the blue reusable container. Paper recyclables including Corrugated Cardboard, Kraft Bags, Magazines, Newspapers and Phone Books are to be deposited in the yellow reusable container and placed alongside the blue reusable container or as otherwise designated by the Village. Further expansion of designated materials is expected to commence January, 1997 (Phase II) and include Junk Mail, Chipboard /Pressboard Paper and any other materials approved by the municipality and the Authority. The Recyclable Materials are 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 • 4 • containers (HDPE), soft drink bottles (PETE), and other plastic containers bearing the numbers 1 or 2, empty, rinsed and dry, with tops, caps or lids removed. (7) Corrugated Cardboard - containers having liners of either test liner, jute or kraft. These items shall be dry and flattened, bundled and set beside containers or placed in yellow reusable containers. (8) Kraft Bags - brown paper grocery or shopping bags. These items shall be folded and placed loose in the yellow reusable container. (9) Magazines - dry, coated magazines, catalogs and similar printed materials. These items shall be placed loose in the yellow reusable container. (10) Newspapers - newspapers, supplements, advertising and magazine sections (all of which would have been included with the newspaper), packed loose, or within Kraft Bags. (11) Phone Books - telephone directories made of paper. These may be placed in the container with other paper items. • (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 the yellow container. (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 the yellow container. 9. Transportation and Equipment The Village shall be responsible for having collected Recyclable Materials transported to an SWA designated facility, including: the Authority's Materials Recovery Facility (MRF), one of five transfer stations 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. 10. Improperly Prepared Recyclable Materials • 5 • When a Collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: A. The Collector shall pick up 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 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 County recycling coordinator for further information. B. It shall be the responsibility of the Village or Collector to contact residents who repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. 11. Compliance with Zoning Ordinances 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. 12. 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. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. It will be the responsibility of the collector on behalf of the Village to dispose of any rejected loads in a suitable manner and /or pay the Authority for processing cost and /or contaminants in excess of 3.5 %. 13. Promotion and Education Responsibilities The Authority and the Village shall participate in promotion and educational efforts as outlined below: A. The Authority, in cooperation with the Village, shall at least once a year advertise or distribute notices of service to each targeted business and /or households. • 6 • 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 require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. D. The Authority shall at the Village's request be responsible for the development, printing and supplying of promotional and educational materials. 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. 14. 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 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 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 • 7 • 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. (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. (5) For a two -year Grant period (either Grant Years 94/95 and 95/96 or Grant Years 95/96 and 96/97), the Village agrees to participate with the Authority in developing a grant application benefiting the entire County. Grant funds during these two years shall be used as a match to construct a second MRF and /or Recycling Transfer Station in the southern portion of the County. • 8 • 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. Nothing contained in this agreement shall prohibit the Village from making application for grants under other provisions of Chapter 403, Fla. Stat. 15. 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 the SWA 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. 16. 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. 17. Other Services During the term of this Agreement it may be determined that the Solid Waste Authority or the Village can efficiently provide other services to the other party on a reimbursable basis. In such event, the scope of work shall be established in writing and approved by the Executive Director of the Authority and the Village Manager (or the equivalent to the County Administrator). Payment for such services shall be billed in accordance with an approved methodology, and shall not exceed $100,000.00. • 9 • 18. Term This Agreement shall begin the date herein above and continue through and including September 30, 2000. 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 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 7501 N. Jog Road West Palm Beach, Florida 33412 Attention: Executive Director For the Village: Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 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 • 10 • 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 invalid portions thereof had not been incorporated herein. 24. The prior Interlocal Agreement for the Management of the State of Florida Recycling and Education Grant Program ated August 1, 1990 and the Interlocal' Agreement for Municipal Recycling date y 17, 1989, entered into by the parties hereto and all amendments thereto shall terminate on the date of execution of this Agreement, and neither party shall have any further rights, duties or obligations arising therefrom after the date of termination. • • 11 • 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: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Donald L. Lock art Executive Director r ATTEST: SOLID WASTE AUTHORITY OF PA BEACH,COUNTY Chair • ATTEST: As to the Village: VILLAGE OF TEQUEST ��111age Clerk \1010-se Mac,a APPROVED AS TO FORM APPROVED AS TO FORM AND L GAL SUFFICIENCY AN j IEN Legal Counsel illage Attorney Solid Waste Authority of Palm Beach County 12