2008-006 Interlocal Agreement with Solid Waste Authority• RESOLUTION 2008-06
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT FOR THE DELIVERY OF DESIGNATED FACILITIES AND
FOR A MUNICIPAL RECYCLING PROGRAM WITH THE SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village currently has two Interlocal Agreements with the Solid Waste Authority
of Palm Beach County ("SWA") addressing the delivery of solid waste and the development of a
recycling program that expire in 2010 and 2008, respectively; and
WHEREAS, SWA has requested that the two Interlocal Agreements be combined into one
agreement with minor modifications to address changes in recycling operations and to extend the
term through 2013; and
WHEREAS, the Village Council determines that the execution of the Interlocal Agreement with
SWA benefits the health, safety and welfaze ofthe Village and its residents.
• NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals aze ratified as true and are incorporated herein.
Section 2. The Village Council hereby approves the Interlocal Agreement for the Delivery of
Designated Facilities and for a Municipal Recycling Program with the Solid Waste Authority of
Palm Beach County, a copy of which is attached hereto as Exhibit "A" and inwrporated herein
by reference, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of
the Village.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 10th DAY OF
(Village Seal)
ATTEST: , ''
VILLAGE CLERK
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this ay of ~ 2008'by and
between the SOLID WASTE AUTHORITY OF PALM BEACH CO TY, a dependent special
district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called
"Authority", and the VILLAGE OF NORTH PALM BEACH, a municipal corporation, chartered
and organized in accordance with the laws of the State of Florida, hereinafter called "Village".
WITNESSETH:
WHEREAS, the Authority has been empowered by law 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, Florida Statutes; and
WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into
Interlocal Agreements with municipalities to establish recycling programs and carry out
recycling activities; and
WHEREAS, the Village desires to work in cooperation with the Authority to continue a
municipal recycling program toward achievement and maintenance of the State recycling goal
and the requirements of Chapter 403, Part IV, Florida Statutes; and
WHEREAS, in addition, the Village provides for the collection of solid waste from the
residents and businesses and residential recyclables within its boundaries and recognizes the
need for safe and sanitary processing and disposal of solid waste and residential recyclable
materials; and
WHEREAS, the Village wishes to participate in a coordinated County-wide program for
the management of hazardous waste and control of solid waste processing and disposal and
residential recycling participation in cooperation with federal, state, and local agencies
responsible for the prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the Village together with Palm Beach County recognizes the need to plan
and develop an adequate solid waste and residential recycling system for the benefit of all the
residents of Palm Beach County.
NOW, THEREFORE, 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, its constituents and the Authority, it is agreed as follows:
1. The purpose of this Agreement is to set forth the terms and conditions for the delivery of
municipal solid waste to designated facilities and for the operation of a recycling program
between the Authority and the Village in this combined agreement which upon execution
by both parties shall automatically rescind the "Interlocal Agreement for Municipal
Recycling and Grant Management" set to expire on September 30, 2008 and the
"Interlocal Agreement for Delivery of Municipal Solid Waste to a Designated Facility"
expiring on September 30, 2010 previously entered into by the parties. This Agreement
shall become effective upon filing with the Clerk of the Courts in accordance with
Chapter 163, Florida Statutes.
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2. The Village agrees that all solid waste and residential recyclables collected by or on
behalf of the Village shall be disposed of at an Authority operated facility or Authority
permitted facility ("designated facilities"), in accordance with this Agreement.
3. The Village agrees to cooperate with the Authority to provide all necessary and required
information to the Authority in a timely manner so that it can be determined if the
Village's solid waste and residential recyclables are being delivered to a designated
facility.
4. The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the
Village's waste and residential recyclables to operate within all applicable local, state and
federal environmental guidelines.
Compliance with Zoning Ordinances
Any transfer and/or disposal of solid waste and recyclable materials shall be undertaken
in a location suitable and adequate for such activity and shall comply with all local
zoning ordinances and any other applicable local and state statutes, ordinances and
regulations.
6. Waste Disposal Requirements
All solid waste and residential recyclables collected by or on behalf of the Village shall
be disposed of at an Authority operated or permitted facility in accordance with the
criteria established for acceptance of loads deemed suitable for processing at the
designated facilities.
7. Collection ofSource-Separated Recyclable Material
A. Residential
Individual residents/homeowners shall be encouraged by the Village to separate
their solid waste into recyclables and nonrecyclables. Each residential unit or
combination of units will receive the appropriate type and number of reusable
containers, in accordance with the countywide recycling program, into which
Recyclable Materials will be deposited.
Commingled Recyclable Materials shall mean: aluminum cans, foil and pans;
aseptic containers; gable-topped containers; glass bottles and jars (green, brown
and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled
recyclables will be deposited into one of the appropriately designated reusable
containers.
Fiber Recyclable Materials shall mean: newspapers (including inserts);
magazines and catalogs; phone books; corrugated cardboard; and kraft bags.
Fiber Recyclable Materials shall be placed loose in the other appropriately
designated reusable container.
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Corrugated cardboard shall be cut to an acceptable size and flattened, and for
curbside residents, shall be set beside or in the same reusable container as the
Fiber Recyclable Material. Residents receiving containerized service may receive
a separate container to be used for the collection of Corrugated cardboard.
The Authority retains the right to modify the manner in which materials are set
out for collection with proper notice to the Village. Notice for a substantial
change in collection method shall be no less than one year.
B. Commercial
Individual businesses shall be encouraged by the Village to separate their solid
waste into two categories: recyclable and non-recyclable. Businesses contracting
for services will arrange with their service provider to receive one or more
containers into which recyclable material maybe deposited. Acceptable materials
for commercial recycling shall include: Commingled Recyclable Materials,
Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office
Paper and any other materials agreed to in writing by the Village and the
Authority.
Commercial recyclable materials shall be sorted by the business by type and
placed in separate containers. Corrugated Cardboard, Sorted White Ledger,
Mixed Paper and Sorted Office Paper as more specifically defined as follows shall
be prepared for collection in accordance with the collection standards below:
(1) Sorted White Ledger -white ledger or computer printout paper. Dry and
free of contaminants.
(2) Sorted Office Paper -office paper including letterhead, computer paper,
legal paper, loose-leaf paper, copy and typing paper.
(3) Corrugated Cardboard -containers having liners of either test liner, jute,
or kraft.
(4) Mixed Paper - a mixture of various types and grades of paper including
but not limited to: all office paper, colored paper, corrugated cardboard,
envelopes (excluding envelopes with cellophane windows), junk mail,
kraft bags, magazines, and catalogs. Mixed Paper does not include tissue
or towel type paper.
8. Commercial Re~cling~Revenue Share
As a further incentive for the Village to actively pursue commercial recycling, the
Authority and the Village may enter into a separate agreement to provide for payment to
the Village for all acceptable loads of agreed upon commercial Recyclable Materials.
Types of commercial Recyclable Materials eligible for payment shall be determined by
the Authority.
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9. Transportation and Equipment
The Village shall be responsible for having collected Recyclable Materials transported to
a designated facility, including, but not limited to, the Authority's Residential Materials
Recycling Facility (RMRF), the Authority's Commercial Materials Recycling Facility
(CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility
{PCMRF) or any other sites designated by the Authority for recycling. The Authority or
its contractor shall receive, process, dispose of and/or recover all Recyclable Materials
delivered by or on behalf of the Village, at no charge to the Village, except for
unacceptable loads as described below. Collection equipment must be of a type to provide
for rear, side or front unloading and maybe compartmentalized or in separate vehicles.
10. Improperly Prepared Recyclable Materials
When a collector's crew encounters improperly prepared materials or non-recyclable
items, they must follow this procedure:
A. The collector shall pickup all Recyclable Materials except for those contaminated
by non-recyclable material or those which cannot be safely retrieved from the
reusable containers. Improperly sorted materials or contaminated materials will
be left in the reusable containers or temporarily removed and returned to the
reusable containers. The collector shall leave an Authority and/or Village
approved form on the material or in the container. The form will notify the
resident or business that material has not been properly sorted, and will provide
information on how to contact the Village or Authority recycling coordinator for
further information. Upon request of the Village, the Authority will provide
rejection procedure training for the route drivers. The Authority and the Village
will consult and evaluate the extent of the need for such training, which shall be
provided by the Authority.
As a means of strengthening the Village's ability to have its collector fulfill the
Village's recycling needs, the Village agrees to notify and consult with the
Authority when preparing the Village's future request for collection franchise bids.
B. It shall be the responsibility of the Village or its collector to contact residents or
businesses that repeatedly place improperly sorted materials in their designated
container and inform and encourage them to properly sort materials. If the
problem persists, the Village shall notify the Authority, who shall then assist the
Village in resolving the problem.
11. Recycling Containers
The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon
recycling containers. The yellow and blue colors reflect a consistent educational
advertising effort through TV commercials, newsprint, radio, mailer, or other source. It is
the Village's responsibility to make sure it or its collection contractor has equipment
compatible to provide proper collection of these recycling containers without damage.
The Village or its collection contractor shall be responsible for replacement of any
recycling container(s) damaged during service at no additional cost to the Authority.
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Space for Recycling Containers
The Village agrees to use its best efforts to amend or modify its appropriate zoning,
building, or land development code to require new multi-family or commercial
developments to provide adequate space for recycling containers.
Unacceptable Materials
Criteria have been established for acceptance of loads deemed suitable for processing at
designated facilities. If the load contains in excess of 12% non-recyclable materials by
volume, the receiving facility will reject the load. The Village or its contractor will be
charged the actual disposal cost and a $250.00 processing fee for any rejected load due to
contamination or equipment mechanical failure. The Authority will notify the Village
immediately of a contaminated load. If the problem of unacceptable loads persists, (more
than two times in a month) the Authority may elect to monitor the route for proper sorting
and tagging procedures, and/or make recommendations to the Village.
Promotion and Education Responsibilities
The Authority will provide recycling bins/containers and assist in promoting and
educating residents within the Village in an effort to work together and increase
recyclable tonnages.
Delivery of Collected Material
The Village agrees that it shall require that all Recyclable Materials separated from the normal
waste stream that are collected by or on behalf of the Village shall be delivered to designated
facilities. The Authority may, from time to time, undesignate a facility. The Village will take
such action as is necessary and available to ensure against and prevent scavenging and
unauthorized removal of such recyclables within the jurisdiction of the Village.
Term
This Agreement shall begin on the date herein above and continue through September 30,
2013, and may be renewed for a period of five (5) years upon mutual agreement.
Notwithstanding termination, any rights or duties imposed by law shall remain in effect.
This Agreement may be modified only by the written consent of both parties or
terminated by either party upon one hundred twenty days (120) days written notice to the
other. The effective date of termination will be the last day of the fiscal year in which the
notice was given.
Change in Law
In the event any change in law abrogates or modifies any provisions or applications 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.
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18. Notices.
All formal notices affecting the provisions of this Agreement shall be delivered in person or
be sent by registered or certified mail to the individual designated below, until such time as
either party furnishes the other party written instructions to contact another individual.
For the Authorit For the Villa e:
Solid Waste Authority of Palm Beach County Village of North Palm Beach
7501 North Jog Road 501 U.S. Highway One
West Palm Beach, Florida 33412 North Palm Beach, FL 33408
Attention: Executive Director Attention: Village Manager
19. 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 valid as if
such invalid portions thereof had not been incorporated herein.
20. Enforcement Costs
If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled
to recover reasonable attorney's fees and costs (including, without limitation, all such
fees and costs incident to appeals), incurred in that action or proceeding, in addition to
any other relief to which such party or parties may be entitled.
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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:
WITNESSES:
ATTEST:
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ATTEST:
Village Clerk
(Affix Municipal Seal)
APPROVED AS TO FORM
As to the Authority:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Mark Hammond, Executive Dire or ~ ~ ' %~'~
SOLID WASTE AUTHORITY OF
P BEACH COUNTY ~ , ,
~ '~y
andra J. Vassalotti, Clerk to the Authority
As to the Village:
Edward M. Eissey, Ma~or
APPROVED AS TO FORM
Date:
AND LEGAL SUFFICIENCY AND LEGAL SUFFICIEN
Legal Counsel Village Attorney
Solid Waste Authority of Palm Beach County
Date.
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Solid Waste Authority
Memorandum
Commissioner Jeff Koons, Chair
and Solid Waste Authority Board Members
Interlocal Agreement with North Palm Beach for the Delivery of
Municipal Solid Waste to Designated Facilities and for a Municipal
Recycling Program between the authority and Municipaiities
Authorize Executive Directcor to execute the lnterlocal
Agreement with the Viillage of North Paim Beach.
This Interlacal Agreement (lLA} combines two current agreements-the Interlcocal Agreement for
Municipal Recycling and Grant Management and the Interlocal Agreement for Delivery of
Municipal solid Waste to a designated Facility-which expire on September 30, 2008, and
September 30, 2010, respectively.
This new ILA, which will expire on September 30, 2013, contains a provision for attorney's fees.
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YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
April 2, 2009 V-11~~® Cler
IC
~~~ p 3 2009
Ms. Melissa Teal, Village Clerk ~~~~l~~~
Village of North Palm Beach
501 US Hwy 1
North Palm Beach, Florida 33408-4906
Re: Interlocal Agreement -Village of North Palm Beach
Dear Ms. Teal,
Please find enclosed a fully executed original copy of the new combined Interlocal
Agreement between the Village of North Palm Beach and the Solid Waste Authority for your
files.
I apologize for the delay.
Sincerely,
1~~~. ~
Linda S. Hodgkins
Intergovernmental airs Director
Enclosures (1)
Cc: Leonard R. Rubin, Esq.
`/7g0~ ~l'OPQ~I ~10~ G°~0~~, ~i9Q~4 p°~10~ D~~16fN9 f~Dop6~~ ~3~349~ Q669~ 6404000 ~p~( Q66~D 640=400 Recycled Paper