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HomeMy Public PortalAbout1989INTERLOCAL AGREEMENT FOR JOINT SOLID WASTE MANAGE24ENT GRANT APPLICATION THIS AGREEMENT made and entered into this _5th_ day of May 1989, by and between the SOLID WASTE AUTHORITY OF PALM REACH COUNTY, an independent special district created pursuant to Chapter 75-473, Laws of Florida, TOWN OF Gs amended, hereinafter F STREAM called "Authority", and the I Florida, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "City", in order to make a joint application to the State of Florida, Department of Environmental Regulation (DER) for the Solid Waste Management Grant Program for the funding of recycling and related education projects in accordance with Chapter 403, Part IV, Fla. Stat. 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, Chapter 403, Fla. Stet., makes the Authority responsible for initiating recycling programs and insuring municipal involvement; and WHEREAS, the State of Florida ("State") has established a six-year grant program for recycling and education projects; and WHEREAS, without making joint application with the Authority, the City [would be unable to obtain any) (would have to provide matching funds to receive any) grant benefit; and WHEREAS, if' the Authority on behalf of the unincorporated areas of the county and on behalf of municipalities, together comprising seventy-five percent (75%) of the total incorporated population within the county, jointly make application for a grant, then a grant may be obtained without any matching funds; and ITEM .00 Page # 0 WHEREAS, cooperative arrangements through interlocal agreements for imp}ementing recycling programs are encouraged throughout Chapter 403, Fla. Stat.; and WHEREAS, municipal opportunities to participate in recycling and grant programs are maximized by joint application with the Authority; and WHEREAS, TOWN OF GULF STREAM desires to work with the Authcrity toward achievement of the State recycling goal and to maximize the benefits of the grant program for the City and all of Palm Beach County. 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 TOWN OF GULF STREAM and the Authority, it is agreed as follows: 1. City acknowledges and understands that the Authority, by law and through interlooal agreement, takes the place of the "County' to carry out the powers, requirements and obligations prescribed to a county as set out in Chapter 403, Part IV, Fla. Stat, 2. City hereby authorizes the Authority, on behalf of the City and the Authority, to submit to the DER a joint application for a solid waste grant for the first grant year (ending September 30, 1989) and subsequent grant years (beginning October 1, 1989-1993) with the deadline for filing the first year occurring in May 1989. 3. City acknowledges and understands that the Authority will submit the grant application for the benefit of the City, the unincorporated areae of the county, and the county as a whole, as 1s appropriate, and that said application will be mads also on behalf of other participating municipalities. 4. City 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/or DER Rules and Regulations. 2 ITEM Page # 5. Authority agrees to solicit other municipalities in the county to join in this grant application In order to achieve the application level of 75$ of the total incorporated population in the county as stated above. 6. Authority agrees to submit grant applications based on the following guidelines and in accordance with the DER Rules and Regulations: A. Application for the first grant year (present year) ending September 30, 1989, will be based solely upon a county -wide plan for applying the grant funds to benefit the county as a whole. B. Application for subsequent grant years (October 1, 1989-1993) will be based upon the following: 1) For municipalities (other than City) that have entered into interlocal agroomonts with the Authority under this grant program and similar to this interlocal agreement (Participating Cities) that submit a written plan for a qualifying grant project to the Authority prior to 30 days before the filing deadline established by DER, such plan will be included in the grant application, providing it meats the filing requirements set out in the DER Rules and Regulations. 2) The Authority's qualifying project plan for the unincorporated areae of the county. 3) For participating cities that do not submit a plan for filling the requirements of Section 6-B-1 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 bonofit the county as a whole. 7. Authority agrees to distribute funds received under 3 ITEM (P•C•3 Page # y/ - m �' this grant program to participating cities as follows: A. Funds shall only be distributed on the basis of expenditures approved by DER. B. For the first grant year (ending September 30, 1989), 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 DER of the submitted plan. C. For subsequent grant years (October 1, 1989-1993), grant funds shall be distributed by the Authority to participating cities or applied by the Authority to unincorporated areae of the county or for the benefit of the county as a whole on the basis of grant application approvals by DER. That in, if a participating city's submitted project plan,is approved in whole, or in part, or denied totally, then that participating city shall receive funds accordingly based on the percentage of its plan that has been approved. D. Authority will distribute grant funds to the City and all other participating cities within thirty (30) days of receipt of grant program funds from the State. 6. City agrees that Authority will be entitled to deduct and retain for the Authority's account, from any funds distributable to the City, 5% of the amount distributable to the City, to cover Authority administrative costs. 9. City shall maintain accurate records of.all expenditures of grant funds and shall make these available to the Authority and DER as provided in Chapter 17-716.430, F.A.C. 10. City 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 4 ITEM jLC.3 PaCe .g -Ch agreement is in effect. 11. Nothing contained in this agreement shall prohibit City from making applioation for grants under other provisions of Chapter 403, Fig. Stat. that are not in conflict herewith. 12. This agreement shall remain in effect through the life of the DER Solid Waste Grant Program, currently scheduled to expire on September 30, 1994. 13. This agreement may be modified only by the mutual written consent of both parties. 14. in the event of a change 1n 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 beet efforts to reach a mutually accoptable modification of this agreement. 15. This agreement may be terminated by either party provided that such termination be given in writing to the other party at least 90 days prior to the close of any grant year and shall be effective upon the close of such grant year. Notwithstanding termination, any rights or duties imposed by law shall remain in effect, in particular but without limitation the exchange of information to fulfill the State's annual roporting requirements. 16. All formal notices effecting the provisions of this agreement shall be delivered in person or be sent by rogietered or certified mail to the individual designated bolow, until such time as either party furnishes the other party written instructions to contact another individual: For Authority: Solid Waste Authority of Palm Boach County 5114 Okeechobee Blvd., Suite 2-C West Palm Beach, FL 33417 Attention: Executive Director For the Town of Gulf Stream: Town Manager 100 Sea Road Gulf Stream, Florida 33483 5 IT::.N'I 17. 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 shell 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. 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: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY By: Timothy P. Aunt, Jr. Executive Director Approved as to form and Legal Sufficiency: By: Auttylty Counsel As to City: Approve a C legal aufficienoy: By: t orney GV -11 F� STREAM Page # z1� r