HomeMy WebLinkAboutDocumentation_Regular_Tab 12_07/14/2005 v�' � T E G �'
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TO: Michael R. Couzzo, Jr., Village Manage�
FROM: Gary Preston, Director of Public Works
DATE: June 16, 2005
SUBJECT: Village Councii Agenda Item for July 14, 2005: Interlocal Agreement
for Disaster Debris Management Prepared by the Solid Waste
Authority of Palm Beach Couniy
Please find attached an {nterloca{ Agreement for Disaster Debris
Management prepared by the SWA. This interlocal agreement will aliow the
Viilage to deliver disaster debris to an SWA chosen site and require the Viilage
to pay the SWA for management and disposal of delivered debris. The
interlocal agreement formalizes the arrangement the Village and the SWA
had during the 2004 hurricane season.
I reviewed this agreement with Ms. Linda Hodgkins, SWA Intergovernmental
Coordinator, and she advised me that the SWA Board has requested that
Section 5, Village responsibilities 5.04 (Page 5) be changed to allow Village
payment within thirfy �30) days rather than five {5) days that is shown.
Please place this item on the July 14, 2005 agenda for Councit member's
consideration.
RESOLUTION N0.76-04/05
A RESOLUTION OF T8E �ILLAGE GOUNCII� OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, APFROVING AN
INTERLOCAL AGREEL�NT BETWEEN T8E SOLID WASTE AUTHORITY OF
pnt,�c BEACH COUNTY AND THE VILI�AGE OF TEQUESTA THROUGH WAERE
THE VILLAGE WII.I. BE RESPONSIBLE FOR T8E COST OF COLLLCTING
� DISASTER DEBRIS AND DELIVERING IT TO THE SITE, AND FOR THE
COST OF HAVING THE S9�A MANAGE AND DISPOSE OF THE DEBRIS
DELIVERED.
WHEREAS, �he Village is responsible for the cost of
collecting the disaster debris and delivering it to the
site; and
WBEREAS, the Village is responsible for the cost of having
the SWA manage and dispose of the disaster debris
delivered; and
WHEREAS, the Village approves the SWA Interlocal Agreement
for Disaster Debris Management, attached as "Exhibit A";
and
NOW, T$EREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOW5:
Section 1. The Interlocal Agreement for Disaster Debris
Management between the Solid Waste Authority of Palm Beach
County and the Village of Tequesta, attached hereto as
"Exhibit A", is hereby approved.
THE EOREGOING 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 14 day of July, A.D., 2005.
MAYOR OF TEQUESTA .
Jim Humpage
ATTEST:
Gwen Carlisle
Village Clerk
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May i3, 2005 � ����lVt?(�
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Mr.Michael Couzzo, Village Manager
Village of Tequesta '�-�4 � � '� � :t �.� �Y 1 ��-
PO Box 3273 $ �'""'�
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Tequesta FL 3346g f; � :-: � �: ��;�, �►i��g:� ,��`�9�-:,� !�,�f;�
Re: Interlocal Agreement for Disaster Debris Management
Dear Mr. Couzzo,
The Comprehensive Emergency Management Plan of the County and the Solid Waste Authority
(SWA) Debris Management Plan includes a provision to make SWA debris sites available to municipalities
and special districts in the County. The plan calls for municipalities and special districts that use the sites
to be responsible for the cost of collecting the debris and delivering it to the site, and for the cost of having
the SWA manage and dispose of the debris delivered.
In January 2005, the SWA Board adopted a debris management policy that req an Interlocal
Agreement (ILA) between the SWA and any municipality or special district that wishes to deliver debris to
SWA debris sites. If there is no executed ILA in place between the SWA and the municipality, no debris
from the municipality will be accepted at SWA debris sites.
We are now preparing for the 2005 hurricane season. An Interlocal Agreement to codify the
responsibilities and obligations of the Solid Waste Authority and any municipality or special district that
wishes to deliver debris to an SWA debris site has been drafted. This agreement effectively formalizes the
arrangement the SWA had with the municipalities through the 2004 hurricane season. Three copies of
this agreement are enclosed. With hurricane season right around the corner, we are suggesting that you
place this ILA on your earliest available agenda for review and approval. Please have your municipal clerk
return all` three copies with vour signature and municipap 1 seal to my attention. I will return one fully
executed copy to your Clerk for filing.
� In approving this ILA, the SWA Governing Board authorized the Executive Director the execute
the agreement on behalf of the SWA if there are no substantive changes made by the municipality. If any
municipality or special district wishes to make significant changes to this agreement, the entire agreement
would be returned to the SWA Board for their review and approval. The SWA Board meets every other
month (June, August, October and December), so substantive changes could significantly delay the
execution of the agreement.
If the debris management plan for your municipality anticipates you managing your own debris
disposal after a storm, and you do not intend to execute the ILA, please let us laiow as soon as
possible.
Please call Marc Bruner, Director of Planning and Environmental Programs at (56i) 640-4000
Ex. 460� or myself at 640-400o Fx. 4404 if you have any questions about this agreement.
�Sincerely,
� ,. -�, `' C.�+�`;
h--�`—�_�--� , i
s�
Linda S. Hodgkin
Intergovernmental Coordinator
Encls, g
Cc: MarcBruner
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INTERLOCAL AGREEMENT FOR DISASTER DEBRIS MANAGEMENT
Tffi5 INTERLOCAL AGREEMENT is made and entered into this day of
, 2005, between the Solid Waste Authority of Palm Beach County, a dependent
special taxing City created pursuant to Chapter 2001-331, Laws of Florida (hereinafter
"Authority'') and , a municipal corporation, chartered and organized in
accordance with the laws of the State of Florida (hereinafter called "Village"), each Qne
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS, Section 163.41, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governments to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter I63, Florida Statutes, pernuts public agencies as defined
therein to enter into interlocal agreements with eaCh other to jointly exercise any power,
privilege, or authority which such agencies shaze in common and which each might exercise
separately; and
WHEREAS, Palm Beach County has adopted a Debris Management Plan (hereinafter
"Plan") and pursua.nt to the Plan, the Authority is responsible for coordinating the perma.nent
removal, storage, burning and disposal of all debris deposited along or immediately adjacent to
public rights-of-way in the unincorporated areas of the County; and
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WHEREAS, the Village is responsible for coordinating the permanent removal; storage,
burning and disposal of all debris deposited along or immediately adjacent to public rights-of-
way in the Village; and
WHEREAS, the Village and the Authority have determined that it is in the best interest
of the citizens of Palm Beach County to cooperate in the management of disaster debris and
se�uring reimbursement for eligible debris management costs from the Federal Government, the
State of Florida and any other agencies providing cost reimbursement.
NOW Z'HEEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1. �
The above recitals are true and correct.
Section 2. Purnose
The purpose of this Agreemem is to provide for and establish the framework under which
the Village and the Authority shall coordinate the management of disaster debris as well as the
payment and subsequent reimbursement of ccasts associated with debris management in Palm
Beach County.
Secti a 3. Definitions
"Act" means Past I of Chapter 163.01, Florida Statutes.
"Agreement" means the Interlocal Agreement, including any amendments or supplements
hereto, executed and delivered in accordance with tk�e terms hereof.
"County" means Palm Beach County, a political subdivision of the State of Florida
"Debris Management Plan" means the most current Pa1m Beach County Debris
Management Plan.
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"FEMA" means the Federal Eme�gency Management Agency, or any successor agency
perfornung a like function.
"FHWA" means the Federal Highway Administration, or any successor agency
performing a like function.
"Reimbursing Agencies" mean FEMA, F�iWA, the State of Florida and any other agency
or unit of government providing funds for the reimbursement of debris management expenses.
"Storm Debris, Disaster Debris or Debris" means a variety of debris that includes but is
not limited to such things as trees and other vegetative organic matter, building/canstruction
material, appliances, personal property, mud, sand and sediment.
`Bligible Storm Debris" means storm debris that qual�es for reimbursement by the
Reimbursing Agencies.
"Ineligible Storm Debris" means storm debris that does not qualify for reimbursement by
the Reimbursing Agencies. .
Section 4. Effective Date
The effective date of this Agreement is June 1, 2005 and� shall continue until otherwise
arnended from time to time and or teiminated by either pariy in accordance with Section 9.
Section 5. Village Resuonsibilities
5.01 Appointment of Operations and Finance Coordinators.
The Village sha11 annually designate coordinators to work closely with the Authority on
the operatianal matters related to debris collection and processing, and the coordination and
mana�ement of the submittal of costs and invoices to the Reimbursing Agencies for Storm
Debris management costs. Such persons shall have, or shall have subordinates that have, the
required knowledge of debris collection operatians and Reimbursing Agencies requirements. The
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coordinator(s) or his/her designee shalI work with Authority sta.ff and attend meetings with
Reimbursing Agencies representatives and others regarding Storm Debris management.
The Village's coordinator shall attend a1l pre-season and pre-storm rneetings conducted by the
Authority during which all parties will have the opportunity to fully review the Plan including
any changes that may have occurred with regard to eligibility and reimbursement rules and
procedures. Attendance, while mandatory, may be accomplished by conference call, if
necessary.
5.02 Collection of Debris.
The Village shall be responsible for the collection of Storm Debris within its jurisdiction
and delivering that debris to Authority debris management sites. The Village shall be
responsible for monitoring collections and documenting collection activities of Storm Debris on
a level su�icient to meet the requirements of the Reimbursing Agencies. This sha11 include
having collection vehicles measured and documented by the SWA or its designee and properly
completing load tickets provided by the Authority or approved by the Authority. If the Village
uses load tickets grovided by the Authority, the Village sha11 pay the cost of printing those load
tickets.
5.03 3ubmittal of Collection Costs for Reimbursement.
The Village shall be responsible for preparing documentation regarding its costs incurred
to pick-up and deliver Disaster Debris to debris management sites in the required form
prescribed by the Reimbursing Agencies and submit those casts to FEMA and associated State
agencies for reimbursement.
5.04 Payment of Un-reimbursed Disposal Casts.
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The Village sha11 �be responsible for any un-reimbursed costs associated with both
Eligible and Ineligible Storm Debris c�llected by the Village, delivered to the Authority and
disposed of as documented by the Authority. This responsibility sha11 include site monitoring,
managemerrt a�d restor�tion costs, and costs associated with any borrowing required to fund
debris management activities, on a pro-rata basis, baseti on the quantities of debris delivered.
The V'illage shall pay these amounts and remit them to the Authority within five (5) business
days of receipt of invoice.
5.OS Reimbursement Monitoring aud Tracking.
The Village shall assist and coordinate with the Authority the tracking and monitoring of
all Storm Debris requests for reimbursement so that eacpedient payments can be made.
Section 6. Authority Responsibilities.
6.01 Appointment of Operations and Finance Coordinators.
The A,uthority shall annually designate coordinators to work closely with the Village on
the operational matters related to debris collection and processing, arid the coordination and �
mana.gement of the submittal of costs and invoices to the Reimburs'ing Agencies for Storm
Debris managemem costs. Such persons shall have, or sha11 have subordinates that have, the
required knowledge of debris collection operations and Reimbursing Agencies requirements. The
coordinator(s) or hislher designee sha11 work with �llage staff and a�tend meetings with the
Reimbprsing Agencies representatives and others regarding Storm Debris management. The
Authority's coordinator shall attend all pre-season and pre-storm meetings conducted by the
Authority during which a11 parties will have the opporiunity to fully review the Plan including
any changes that may have occwred with regard to eligibility and reimbursement rules and
procedwes.
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Section 7. Access and Audits
The Authority and the Village sha11 create adequate records to justify all charges,
expenses, and costs for Storm Debris management and to maintain those records after
completion of the audits by the Reimbursing Agencies for the time period as may be specified by
law or regularion. The �illage and the Autharity sha11 have access to all books, records and
doeuments as required in this section for the purpose of inspection or audit during normal
business �ours.
Section $. Breach/Oaaortunitv to Cure The parties hereto expressly covenant and agee that
in the event either party is in default of its obligations herein, the party not in default sha11
provide to the party in default thirty (30) days written notice to cure said default before
exercising any of its rights as provided for in this Ageement.
Section 9. Termination
This Agreement may be ternunated by either pariy to this Ageement upon thirty (30)
days written notice to the other party.
Section 10. Enforcement Costs -
Any costs or expenses associated with the enforcement of the terms and/or conditions of
this Agreement shall be borne by the respective parties, provided, however, that this clause
pertains only to the pazties to this Agreement.
Section 11. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail to the following:
Village:
Name
Address
Village, State, Zip
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Authority:
Name John Booth, Executiv� Director
Address 7501 N. rog Road
Village, State, Zip West Palm Beach, FL 33412
Section 12. Delegation of Dutv
Nothing contained herein shall be deemed to authorize the delegation of the constitutional
or statutory duties of state, county, or Village officers.
Section 13. Filins A copy of this Agreement sha11 be filed with the Clerk of the Circuit Court
in and for Pa1m Beach County.
Section 14. Liabilitv
The parties to this Agreement arxd their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party.
Further, nothing herein shall be construed as a waiver of sovereign im�unity by either party,
pursuant to Section 768.28, Florida Statutes.
Section i5. Indemnification
Each party shall be liable for its own actions and negligence and, to the e3ctent permitted
under Florida law, the Village sha11 indemnify, defend and hold hazmless the Authority against
any actions, claims or damages arising out of the Viltage's negligence in connection with this
Agreement, and the Authority shall indemnify, defend and hold harmless the Village against any
actions, claims or damages arising out of the Authority's negligence in connection with this
Agreement. However, nothing in this paragraph shall be interpreted as a waiver of the
Authority's or the Village's sovereign immunity.
Section 16. A�nendments
This Agreement may not be amended except by written instrument signed by both parties
hereto.
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Sectian 17. Remedies
This Agreement shall be construed by and governed by the laws of the Staxe of Florida.
Any a.nd all legal action neeessary to enforce the Agreement will be held in Palm Bea.ch County.
No remedy h�erein conferred upon any party is ir�tended to be exc�usive of any other remedy, and
each and every su�h remedy shall be cumulative and shall he in addition to every other �emedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No
single or pa.rtial exercise by any party of any right, power, or remedy hereunder sha11 preclude
any other or further exercise thereof.
Sectioa 18. Time of the Essence
The parties expressly agrees that tirne is of the essence in this Agreement and the failure
by a party to complete performance wit�in the time specified, or within a reasonable time if no
time is specified herein, sha11, at the option of the other party witl�out liability, in addition to any
other rights or remedies, relieve the other party of any obligation to accept s�tek-pe�far��n .
. . Section 19. Eaual Opportunity Provision
The Village and tlie Authority agree that no person shall, .on the grounds of race, color,
se� nationa.l origin disability, religion, ancestry, marital status, or sexual orientation be excluded
from the benefits o� or be subjected to any form of discrimination under any activity carried out
by the performance of this Ageement.
Section 20. Caations
The captions and section designations herein set forth aze for convenience only and shall
have no substantive meaning.
Section 21. Severability
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This Agreement represems the entire understanding between the parties and supersedes a11 other
, negatiations, representations, or agreement, either written or oral, relating to this Agreement.
IN WITNESS VVHEREOF, 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
- John Booth
Executive Director
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
B
Maureen Cullen, Esq. Solid Waste Authority
Village of Tequesta
WITNESSES:
By:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
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