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HomeMy WebLinkAboutDocumentation_Regular_Tab 07F_08/30/1994 i ` , VILLAGE OF TEQUESTA �� i Post Office Box 3273 • 357 T 'v � equesta Dn e '';, Tequesta, Florida 33469-0273 • (40� 575-6200 ; � Fax:(ao7)575-6203 s � Ff �M t0 l� l�ii/it1O1�A1\L Vl.l� T0: Village Council FROM: Joann Manganiello, Acting Village Manager �, DATE: August 25, 1994 SUBJECT: Interlocal Agreement for Municipal Recyclinq aad Grant Management; Aqenda item The Interlocal Agreement for Municipal Recycling and Grant Management replaces both the Joint Grant Management Agreement, due to expire on September 30, 1994, and the Municipal Recyclinq Agreement, the term of which has been previously extended to September 30, 2000 by amendment to the same. This Interlocal Agreement addresses the following Solid Waste Authority/Municipal Programs: • Expanded residential recycling • Promotional and educational efforts • A cap of $100, 000 on provision of other services, if necessary • Reallocation of Grant Funds for FY 1994/1995 and FY 1995/1996 or FY 1995/1996 and FY 1996/1997 to support a second Material Recovery Facilities (MRF) and/or Recyclin� Transfer Station in the southern portion of the County The prior Agreements shall terminate on the date of euecution of this new Interlocal Agreement, the term of which shall coatinue through September 30, 2000. - � It is recommended the Village Council adopt Resolution No. 23-93/94 which will approve the Interlocal Agreement for Municipal Recpclinq �and Grant Management between the Solid Waste Authority of Palm Beach Coutity and the Villaqe of Tequesta. JM/krb � Attachment Recycled Pape� � ! I . i � RESOLUTxON 1�0. 23 - 93 f 94 A RBSOLUTI01� OF THE VILLAGS COUNCIL OF THS VILIIIGE OF TSQV'ESTA, PALM HEACB COOHTY, FLORIDA, APPROVING AN I1�tTSRLOCAL AGRE�T FOR MvNIC2PAL RECYCLI1rG AND GRANT MAldA6EMENT BETWI�EN THS SOLID i�IASTE AvTHORIT? OF PALM BEACN CO�Y AND THS VILLAGE OF TEQVESTA. � I t�1HEREAS, on or about Map 17, 1989, the Solid Waste Authority and the Village of Tequesta entered into an Interlocal Aqreement for the management of the State of Florida Recycling and Education Grant Program; and WHEREAS, on or about August l, 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, THBRISFORE, BE IT RESOLVED BY TI3E VILLAGS COIINCIL OF THB VILLAGE OF TEQUESTA, PALM SEACH COUI�TTY, FLORIDA, AS FOLLOWS: ' Section 1. The Interlocal Agreement for Municipal Recycling and Grant Maaagement, attached hereto as Eshibit 1, is herebp approved. Sectioa 2. The Village Manager is hereby authorized to execute the Interlocal Agreement for Municipal Recycliag and Grant Management 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: i � FOR ADOPTION AGAINST ADOPTION { � The Mayor thereupon declared the Resolution duly pass� and adopted this 30th day of August, A.D., 1994. . MAYOR OF TEQUESTA I - Ron T. Mackail ATTEST: Joann Manganiello Village Clerk � '";�;? ;;r' <':;.;: _ ' "� : �"��`,`_ , a ' " ' � . 'i . LX111tt1 L 1 INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING AND GRANT MANAGEMENT THIS AGREEMENT� m�de and entered into thls _ day of _ by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependen# speciai district created pursuant to Chapter 75-473, Laws of Florida, as amended. hereinafter called "Authority", and the VILLAi�E OF TEQUESTA a munidp�t cxuporation, chartered and organized in aa:ordance with the taws ot the State ot Fforida, here�at'Eer calied "Viliage", to terminate the Inte�i Agre�nent for Munidpal Recydin� erftered �to between these two perties on or about August 1,1990 and the Intedoc�i A�r�ernent t�or Grant Management entered into between these two parties on or about May 17,1989 and to establish an Interlocal Agreement for Municipal Recyding and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, on or about May 17� 1989, the Authority and the vqage entered into an lnterlocal Agreement for the Management of the State o# Florida Recyding a� Educati�on Grant Program; and WHEREAS, on or about August 1, 1990, the Authority and the ViUage entered inta an Intertocal Agreement for Munic�pal Recyding which was subsequently amended on oc about October 21 � 1992; and WHEREAS, the parties desire to terminate the Agreements of May 17� 1989 end August 1, 1990 and all the amendments thereto and enter into this new Agreemen� and WHEREAS, the Authority has been emp�wered by law and through lnterlocal Agreement to carry out the powers, obUgatior�s and requ�rements in Palm Beach Cou�jl. Florirda, prescribed to a"county" pursuant to the provisions of Chapter 403, Part N, F'lor�da Statutes; and WHEREAS, Chapter 403� Part IV, Florida Sta�rtes encourages c�unties to enter into Intertocal Agreements with muniapal'�ties to estab�ish recyding prograrns and c;arry out recyd'mg activities; and - WHEREAS, the State of Florida ("State'� has established a gr�t� progr'�m for recydittg � and education projects; and ' � WHEREAS, without making jojnt �ppGc��on wifh the Authority. the Y�age woutd be unable to obtain a grant or woutd have to provide .matchirrg funds �o r+soeive any gr�nt benefits, except as provided in Chapter 403. FLorida Ststues; and �, ,�. - 1 � � WHEREA3, the Yliage desires to work in cooperation with the Authority to continue establishment of a municipal recyding program toward achievement of the State recyding goal and the requirements of Chapter 403, Part IV, Florida Statutes. NOW, THEREFORE, for and in oonsidera�on ot the mutual covenants and promises hereinafter contained to be kept and perfortned by the parties hereto, and for the mu�al benefit of the Village and the Authority� it ls agreed as follows: 1. Village agrees to colled or to enter tnto a oontract for ti� ooHection of Recydable Materials as deflned in Sectlon 8. 2. Yllage agrees to cooperate with U�e Authority in making a grent applica�on to the State of Florida as defined in Sec�io� 15. 3. Yllage agrees to cooperate with the Authority to ens�ue that ail neve� and � required ir�forma�on is provided to the Authoriiy so that the Village end � � Authority can determine if the Viltage's recyding program ts meetir� the requirements of the Authority's countywide recyding plan and other app�bie state and local laws. 4. Recvdable Collection Service A. Residential Curbside and Container¢ed Setvi�e This provision appltes to residen�al units recetving curbside or containerized solid waste collection servioe. Muniapal or cor�tract arews shaq oolled Recydabie Materials from destgnated residenti� units wwithin the YUage. Authority provided promotional materials may be distnbuted, inform�g the residents as to when and how the Recydable Materials wiU be collec�ed. No residents wiii be deteted from a route Gst because of infrequent partiapation, unless it is determined that the rec.yc�ing plan is not feasible in a particular sofid waste coAection service area 5. Copec�ion Schedule The coliec�ion schedute shall have a minimum irequency of onoe per weeic for eac� Res�den�al and shall be made on a day as determined by the Vi�sge ar haule�. . . . :�_� 6. Point of Co�ec�ion � 2 Collection shall be at curbside, or within the publjc right-of�►ay adjacent to the � paved roadway, or adjacent to/ln the same location as designated tor � garbage/refuse collection. 7. Data Collection The Village or its Collector shall provide the Authority the toilowinp data each mo�th for each route and collection cxew: A Total number of households on each route. B. Number of households set�ng out any or all materials tor the month. C. Total weight of residen�ai materials � � _ � collec�ed far the month. D. Material disposition, induding date� type� and quantity of materi� discharged at each SWA designated faality. E. Collection hours. This data shali be submitted in a monthly report to the Authority's Recycang Department by the 10th day of the month following the end of each month. Data sheets shall be available from the AuthoMy on request Aq data and program infonnation shall be retained for �e period of the Agreement. The Authortty has the right to request any additionai collec�ion or contract-related information from the vilage as may be requir�ed for the program. The vllage has the right to request quarterly progress reports from the countywide program. � 3 � _ �� 8. �ollection oi Source-Secarated Recvdable Material A. si n i Individual residents/homeowners shall be encouraged by the Villa�e to separate their soqd waste lnto recydables and nonrecydables. Each residenti�l unit or combina�on of units wili receive two reusable cont�iners i�to which Recydable Materials wlll be deposited. Commingled Recydable Materials shail mean: Aluminum Containers, Atuminum Fo� Produc�, AsepUc Packages, Gable-topped Contatn�s� Glass bottles and jars (�reen, brornm and dear), and Pla�tfc ConteMers besri�� fne codin� num�r 1 or 2. Comm�ted recydabtes wAl be deposited into tl�e btue reussble container. Paper recydabies induding Conv9ated Cardboard� Kraft Bags� Magazines. Newspapers and Phone Books are to be deposited In the yeliow reusable oontainer and placed alongside the blue reusable container or as otherovise designated by tl�e Village. Further expansion of designated materials is expected to commence January, 1997 (Ph�se tq and �dude Junk Maii. Chipboard/Pressboard Paper and any o�er materials approved by the muniapal'�ty and the Authortty. The Recydable Materiats are defined as fotlows and shall be prepared for collec�on in . aocordance with processing standards in paragraphs 1 through 13 below: (1) Aluminum Containers - aluminum beve�ge cans and oontalners (pet food. tuna, etc.). but not bi metal cantalners. These oontainers shali be empty, rinsed and dry. �(2) Aluminum Foil Products - any aluminum materiai� made solely of aluminum, other than aluminum containers. These �ems shall be rinsed and free of food contaminants. Examples of acxeptable items . indude aluminum foil, pie plates and T.V. d�nner trays. (3) Ase�tic Padcaaes - poiy-coated paperboard containers with ,�tuminum Uners, for example drink boxes. These �ems shall be empiy. rinsed, �straws nemoved and flattened. . (4) Gable-T000ed Containers - poly-ooated paperboard containers, for example, miik ca�tons: These oonta�ers shap be emP#y, rinsed and flaitened. • (5) lass - rinsed, whole green� brown and dear boftles and jars. but sha� not indude 000king ware, plate glass� safety glass, I�ght bu[bs� � ceramics and non-glass materials. Caps, Hds� and any type o# top st� be � firom°the oor�s. l�b�s may ren�t on ttq oa�ners (6) Pias�c Containers - MIDc jug, wat�r batBe, and laundry' detergent 4 � � containers (HDPE), soft drink bottles (PETE), and other plastic containers bearin� the numbers 1 or 2, empty, rinsed and dry, with tops� c�ps or lids removed. (7} Conucated Cardboa�d - containers having liners oi elther test Iiner� jute or kraf�. These items shall be dry and flattened, bundled and set beside containers o� ptaced in yellow reuseble oontainers. (8) �- brovm paper grooery or shopptnQ ba�s. These items shail be folded and plaoed loose in the �yellow reusable contsin�. (9) a azin s- dry� coated magazines� catalogs and similar printed materials. These ftems shali be piaced loose in the yellaw reusabie container. , (t0) N@WSD8D8l'�3 - newspapers� supplements, adveRisin� and msgaz3ne sec�ions (all of which would have been induded with the newspape�� packed toose, or within Kraft Bags. �11) Phone Books - telephone directories made of paper. These may be placed in the container with other paper items. (12j Junk Maii (Phase II) - means envelopes, flyers and correspondenc� rece�ved by residents through the U.S. Postai System. Items are to be placed in the yepow container. (13) Chiaboard/Pressboard Paner lPhase 111 - means fol�ing paper cartons used for padcaging. E�camples indude tissue, cereai and dry good padcaging. Items are to be placed in the yeilow container. 9. Trans�ortation and Equi�merrt The Vilage shali be responsible for having coliec;ted Recydable Materiats transported to an SWA designated fa�ility, tnduding: the Authority's Materials Recovery Fac�ity (MR�. one of five tr�nnsfer stations or any o�er sites designafed by the Authority for recyding. The Authorlty or its contractor shap reoei�. process� dispose andlor recover alt Recydable Materiais defivered by or on behaff of the VUage, at no c�arge to the V�lage. exc�pt for unacceptable loads as descxibed below. Copec�ion equipment must be of a type fo provide f� rear, side � front unloading and may be compartmentat�ed or in separate vehides. 10. Imaroaerlv Pre�ared Recvdebls Materials � 5 When a Collector's crew encounters improperfy prepared materials or nonrecyGable items, they must follow this procedure: A. The Collector shall pick up all Recydabie Materials except those contaminated by putrescible waste or those which cannot be s�fely � retrieved from the reusable contatners. tmproperty sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and retumed to the reusable cor�taainers. The Collector shsll lesve an Authority and/or Village approved fonn in the ao�tainer. The form wiA notify the resident or business d�at materiaal has rwt been properly sorted� and will provide information on how to oo�tad tl�e Viltage or Couniy recyding coondinator tor furtl�er informatio�. B. It shail be the responslbility of tl�e Viliage or Cotfedor to contact residents who repeatedly place improperty sorted materials in their des�gn�ted container and inform and encourage them to prope�yy sort materiats. 11. Comuliance with Zonina Ordinances Any transfer and/or storage of the Recydable Materir�tts shall be undertaken i� a location suitable and adequate for such adivity and shaq comply with all lor�l zoning ordinancss and any other applicable local and state statutes, ordinances and regulations. 12. Unacxeutable Materials Criteria has been established for aa�ptance of loads deemed suitable for processing at the Authority designated faalities. If the load contains in excess of 3.5°� non-recyciable materials by weight� the recaeiving FaaTity �nn11 either reject the load for recyGing or process the load, segregatir� c�taminarrts. If U�e probiem persists, future loads will be inspected before dumpi�tg and, if unacxeptable, witl be rejected. it wiU be the responsibility of the codector on behalf of the Village to dispose of any �ejected loads in a suitable marnner �td/or pay the Autho�Ify for processing cost andlor contaminants in excess of 3.5%. 13. Promotion and Educa�on Resuonsibilities The Authority and the vllage shali partiapate in promo�on and educa�onal effoct� as outiined below: A. The Authority, in c�operation with the V�ge, sha� at I�st onoe a year advertise or d�ribute no�c�s of service to each t�efed -�- ---; �s hous�holds. 6 � B. The �Ilage or Collector shall distribute notices of improperly prepared materials, of collectlon schedule changes, of unaxeptable materials or any other pertinent information to residents as required. C. The Village or Coliector shall require employees to deal courteousiy wtth a�stomers on the telephone and on the route to promote the caliedion service and explaln proper material prepara�on. D. The Authoriiy shau at the Vibage's reque� be � responsible for the development� p�inting and supptytng of promo�l and educ�ional materials. E. Throughout the term of this Agreement� the Autfiority shall be avaUable to pa�ic�pate in promotlng the coqection service at area tairs, neighbortmod assoaation progr�ms� or other community events� and the AWhority shall be available to give advice to the Village on promoti�onai and educaBonal materials' content and presenta�on� at no cost to the V�lage. 14. Grant Nlanaqement A. The Village authorizes the Authority� on behalf of the Village and the Authority, to subm� to the Florida Department of Environmental Protec�ion (DEP) a joint application for a sotid waste recyc�ng and educe�on grant for all years in which the grant is available. B. The Yllage acknowiedges and understands that the Authority wiii submit the grant application for the benefit of the Yllage. the unincorporated areas of the county� and the county as a whole, as is appropriate. and that said application wiit be made also on behalf of other partiapa�ng muniapal'ities. C. The V'dlage agrees to provide to the Authority all information �teeded to develop a complete recyd'�ng plan and grant appGcation and to compty w�h ail reporting requirements prescxibed by Florida Statutes and DEP Rules and Regulations. D. The Authority agrees to �bm� grant appiications based on the faQowing guidelines and in accordance w�h the DEP RWes ar� Regutatlons: (1) Appiication for the grant year may be mutuaQy agreed to by the parties to be based solely upon e countywide plan tor apptying tf�e grant funds to benefit the county as a w'hols, o� � _ �. . (2� For municipalities that have entered info lnfertocal Agreements w� the Authority under thls grant program and s�nDar to thts �nteriocai 7 � � � - . �� , Agreement (hereafter called Participating Cities) and that submit a � written plan for a quallfyfig grant project to the Authority 60 days prior to the filing deadline established by DEP, such plan wiil be induded in the grant appiicaUon, providk�� 1t meets tl�e fllin� requirements set out in �e DEP Rules and Regulsttons. (3) Applica�o� for the grant may be based upon the Authority's qualifjrtng project pian for the unincorporated areas of the voutriy. (4) � For c�ties that do not submit a plan ior � fhe r�u�emeMs of Sec�ton 15D(2) above� the Authority wiq e�her 1nc�de ��n in tl�e Authority's pian tor the unlnc�or�rated areas oi the couMy or w� indude them in a qualifjring pian to benefit the cownty as a whote. E. The Autho�ity agrees to distribute funds received under � grant program when appropriate to Participa�ng C�tes es foliows: (1) Funds shali only be distribu#ed on the basis of expendihuues approved by DEP. (2) If a countywide G�ant Program application was submitted, then no funds will be distn'buted to Participa�ng Cities� but al1 grant funds received wtll be applied to benefit the county as s whole based upon � such approval as is given by DEP of the submitted plan, or _ (3j If a joint Grant Progrem request was submitted, then Grant funds shall be distributed by the Authority to Partiapating Cities orapplied by the Authority to unincorporated areas of the County or for d�e benefit of the County as a whole on the basi� of grant apptic�tian approvals by DEP. That is� if a Partic;ipating ViHage's submitted project plan is approved in whole, or in part, or dertied to#aUy, then that Partiapating, Viilage shaq rec�ive fiu�ds ac�or+�ngly based � the percentage of �ts plan that has been approrred. � (4) The Autho�ty wiU distribute grarrt funds to the Y�e and ap oth� Patticipati�g C'�'ies within thirh/ (30) de►Ys o� �eca�Dt�9� Pr� funds from �thhe State. _ , (5} For a iwo-year Grant period (either Grant Years 94/S5 and 95l96 or Grant Years 95/96 and 96I97), the Y'iitage agrees to participate with the Authorify in developing a gr�nt appQc�on t�nei`�ng �e errtUne Coun#y. Grant tund� during these two years. � be u�d as a m�tch to construct a seoond MRF and/or Recyd�rtg Ttan� S� in the southem por�on of the County. � : 8 F. The �ilage agrees that the Authority will be en�tled to deduct and retain for the Authority's account� from ar�y funds distrib�table to the Villa�e� 596 of the qrant award to vover Authority administrativve oosts� and 2096 of the amount rec.�eived tor U�e countywide educa�on program. G. The Village shafl maintain acauate reoords of a0 e�endttures of �t funds and shali make these available to the Au�orit� and DEP as provid� in Chapter 17-716.430, F.A.C. or any successor regula�ion. H. Nothing contained in this agreement shall prohib� the Village irom maldng appiicatton for grants under other provistons of Chapter 403, Fla. Stat 15. Deliverv of Collected� Materiai The Village agrees that it shal! require that atl Recydable Materials separated from the nonnal waste stream that are collected by o� on behalf of the Village sha� be delivered to the SWA designated facit�ies. The Authoriiy may� from Sme to �ne. undesignate a faality. The Ydlage wiil take such ac�on as is necessary to en�ure against and prevecrt scavenging and unauthorized nemova[ of such recydables within the jurisdiction of the Vltage. 16. Chanaes in the Law Should the State of Florida or the Authority determine any af the items desan'bed in Section 8 to be non-recydable or designates new Recydable Mate�ials d�ing the term of this Agreement, the Autttority and the Village w�! negotiate a meti�d for modifying or temninating this Agreement, as appropriate. 17. Other Services During the tenn af fhis Agreement � may be deterfn�ned that the So�d Wa�te AuthoMy or the Vi�age can efflcien�y provide othe� servi�es to the other party on a reimbursebie basis. in such event� tl�e scope of woric shaq tie e�ab�shed �i writing and approved by the Executive Director of the Authority and the V�age Manager (or the equivale�t to the County �►dmfilstrator�. Payment for such services shaq be bflted in accordance wi� an approved me�Odot�y, and sha8 not exceed $1QO.�.Qd. � i . 9 . 1 � 18. Term This Agreement shall begin the date herein above and continue through and including September 30� 2000. Notwithstanding terminabion, any rights or duties imposed by law shall remaln ln effect. This Agreement may be termina#ed by the mutuai written consent of both parties. 19. This Agreement may be modifled oniy by the mutual written consent ot both par�es. 20. In the event of any changes,ln iaw that abrogates or modjfles any prowisbns or apptica�ons of.this Agreement, the parties hereto agree to enter into � faith negotiations and use their best efForts to reach a mutualty acxeptable modtfica�on of this Agreement 21. All formal notices affecting the provisions of this AQreement shali be delivered in person or be sent by registered or certifled mail to the individu�f destgnated below. until such time as either party- fumishes the other psrty written ins�ruc�lons to contact another individual: For Authority: Solid Waste Authority of Palm Beach CouMy 7501 N. Jog Road . West Palm Beach, Florida 33412 Attention: Executive Director For the Vllage: �Ilage of Tequesta � P.O. Box 3273 . Tequesta, FL 33469 � Attention: vllage Manager 22. Desianation of RecycGna Coordinator The Viliage and the Authc�rity shali each designate an �dividual in its regular � ' employ to be the �tding 000rdinator. Such individual w� be �e oor�tsct person for the Authority or the V'�Itage to cohtac� each other and for re,�idents partidpatlnng in the program to contad. Such individuai vviN also be avar7abie to parbicipate iN� � coordinate joinUy sponsored educa�onal, promotionai, and refated presenta8ons. 23. !f any dause, s�on or_ provision of this Agreement shati tie dedared to be unconstitu�onal. inva�d or unenforceable for any ca�e or reason, or is abrogated . 10 . � or negated by a change in law, ihe same shall be eliminated from this Agreement, and the remaining portion of this Agreement shail be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 24. The prior inte�iocai Agreement for the Msnagement of the State of Flo�ida Recycling and Educa�on Grant Program te August 1� 1990 and the Interiocai �,• Agreement for Munidpal Recyding date 17,1989, entered into by the parties hereto and all amendments theretb shail terminate on the date oi executlon of this Agreement, and neither party shall have any turther �ights, duUes or obli�a�ions arising therefrom after the date oT term[nation. 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. Lockhart � Executive Director ATTEST: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Chair ATTEST: As to the �Ilage: VILLAGE OF TEQUESTA Vliage Clerk V�tla MANa APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY Legal Counsel �Ilage Attomey Solid Waste Authority of Palm Beach County � 12