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