HomeMy WebLinkAboutResolution_09-90/91_03/14/1991 RESOLUTION NO 9 -90/91
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
THE INTERLOCAL AGREEMENT FOR HOUSEHOLD HAZARDOUS
WASTE COLLECTION BETWEEN THE VILLAGE OF TEQUESTA AND
THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY.
WHEREAS, the Village of Tequesta deems it necessary and
advisable to enter into an Interlocal Agreement with the Solid
Waste Authority of Palm Beach County for a jointly conducted
Household Hazardous Waste Collection event within the Village
of Tequesta.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The Village of Tequesta hereby accepts and
approves the Interlocal Agreement for Household Hazardous
Waste Collection between the Village of Tequesta and the Solid
Waste Authority of Palm Beach County as identified in Exhibit
"A" attached hereto and made a part of this Resolution.
Section 2. The Mayor is hereby authorized to execute the
Interlocal Agreement for and on behalf of the Village of
Tequesta, to which the Village Clerk shall attest and affix
the Village Seal.
Section 3. The Village Clerk is directed to forward a
certified copy of this Resolution to the Solid Waste Authority
of Palm Beach County.
THE FOREGOING RESOLUTION was offered by
Councilmember Burckart who moved its
adoption. The motion was seconded by
Councilmember Col 1in�zs and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Earl L. Collings
Joseph N. Capretta
Edward C. Howell
Ron T. Mac
The Mayor thereupon declared the Resolution duly passed and
l adopted this __14_th day of March 1991.
MAYOR OF TEQUESTA
t J seph N. Capr to
ATTEST:
•
Bill C. Kas avelis
Village Cl rk
DRAFT
INTERLOCAL AGREEMENT FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION
THIS AGREEMENT made and entered into this day of
1991 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 TEOUESTA, a
municipal corporation, chartered and organized in accordance with
the laws of the State of Florida, hereinafter called "Village ",
for a jointly conducted household hazardous waste collection
event within the Village of Tequesta.
W I T N E S S E T 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, Fla.
Stat.; and
WHEREAS, the Authority has established programs and
contracts to provide household hazardous waste collection in Palm
Beach County; and
WHEREAS, the Village desires to work in cooperation with the
Authority to conduct a household hazardous waste collection event
. within the Village of Tequesta; and
WHEREAS, the Authority has a contract with Laidlaw
Environmental Services (hereafter "Contractor ") to provide
household hazardous waste collection services to and on behalf of
the Authority.
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. The statements recited above are acknowledged to be
true and are incorporated herein by reference.
2. The Village and the Authority, hereby agree to provide
for the collection of household hazardous waste within the
Village of Tequesta on March 30, 1991, through the joint effort
• and resources of the Village and the Authority as set out
hereafter.
3. The Village of Tequesta shall provide the following:
A. An appropriate collection site mutually agreed
upon by the Village and Authority.
H. Three (3) Village employees to assist the
Contractor.
C. Payment to the Authority of the amount of
$3,090 to cover the Contractor's fixed costs, such
payment to be made within thirty (30) days of Village
receiving Contractor's invoice from the Authority.
D. Payment to the Authority for one -half (1/2) of
Contractor's actual supplies used in conducting the
event, payment to be made within thirty (30) days of
Village receiving Contractor's invoice from the
Authority. The Village's total liability for supplies
under this item shall not exceed $2,000.00.
E. Appropriate and adequate security at the
agreed upon collection site prior to, during and after
the event as agreed upon by the Village, Authority and
Contractor.
. F. Promotion of the collection event.
G. Liability insurance covering the collection
event which will protect the Village, the Authority, and
the Contractor with coverage to be not less than
$1,000,000 per occurrence, single limit coverage. An
original Certificate of Insurance shall be provided to
the Authority prior to the collection event.
4. The Authority shall provide the following:
A. Three hazardous waste staff personnel to
conduct the collection event.
a. The coordination of planning, setting up,
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conducting and completion of the event with the
Contractor.
C. Planning and organizing site safety for the
collection event.
D. Coordination and appropriate necessary
arrangements with the Palm Beach County Fire Rescue.
E. Coordination and appropriate necessary
arrangements with the Palm Beach County Sheriff's office
bomb squad.
F. Appropriate necessary safety supplies for the
Village and Authority.
G. Conduct of site safety functions.
H. Handling and disposition of used oil
collection.
I. Coordination and appropriate necessary
arrangements with the Florida Department of
Environmental Regulation,
S. The Authority's Contractor will provide the
following:
A. Four hazardous waste staff personnel.
H. An appropriate tent canopy erected on the
collection site for the event.
• C. All equipment, supplies and labor necessary to
collect, package and transport collected household
hazardous waste to a Federal Environmental Protection
Agency regulated hazardous waste disposal facility. A
copy of transporter records and disposal manifests shall
be provided to the Village and the Authority.
6. The Authority's site safety officer shall be authorized
to direct all site operations unless relieved by emergency
response personnel from the Palm Beach County Fire Rescue or Palm
Beach County Sheriff's office tomb squad.
7. Only hazardous waste from households shall be accepted
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for disposal at no charge during this event. Any commercial or
municipal generators of hazardous waste must make special
• arrangements for the disposal of their hazardous waste.
Hazardous waste disposal services may be provided to
conditionally exempt small quantity generators (those entities
who generate less than 100 kg of hazardous waste per month, per
40 CFR 261.5) for a fee consistent with the Authority's hazardous
waste contract. This service may be provided by the Contractor
during the collection event, or by the Authority at a later date,
through the Conditionally Exempt Small Quantity Generator
Program.
Hazardous waste disposal services may be provided to
small quantity generators (those entities who generate between
100 kg and 1,000 kg of hazardous waste per month, per 40 CFR
262.34) by the Contractor at a later date, for a fee consistent
with the Authority's hazardous waste services contract.
Arrangements for this service may be made before, or during, the
collection event.
Services provided by the Contractor during the
collection event to conditionally exempt small quantity
generators and small quantity generators shall be governed by the
contractual agreement that exists between the Authority and the
Contractor.
8. All activities and services conducted by the parties
shall be in accordance with all applicable laws and regulations.
9. This agreement may be modified only by the mutual
written consent of both parties.
10. 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.
11. All formal notices effecting the provisions of this
Agreement shall be delivered in person or be sent by registered
or certified mail to tha individual designated below, until such
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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. ,log Road
West Palm Beach, FL 33412
Attention: David Gregory
For the Village:
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469 -0273
Attention: Gary Preston
12. The Authority and Village covenant and agree that each
shall indemnify, hold harmless, and defend the other from and
against any and all claims, suits, actions, damages or causes of
action arising during the term of this Agreement for any personal
injury, loss of life, or damage to property sustained by reason
of or as a result of the wrongful acts or omissions of the
indemnifying party arising out of this Agreement, and from and
against any orders, ,judgments or decrees which may be entered
thereon, and from and against all costs, attorney's fees,
expenses and liabilities incurred in and about the defense of any
such claim, and the investigation thereof. Provided however,
that neither party shall be required to indemnify the other party
for any claim which is solely the result of wrongful act(s) or
omission(s) of the party seeking indemnity.
13. 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.
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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
By:
Timothy F. Hunt, Jr.
Executive Director
Approved as to form and legal sufficiency:
By:
Authority Counsel
As to the Village:
VILLAGE OF TEOUESTA
ATTEST:
By:
_
Village Clerk Mayor
[seal)
Approved as to form and legal sufficiency:
By:
Village Attorney
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