R2021-02 Interlocal Agreement with SWA for Municipal Revenue Sharing Recycling ProgramRESOLUTION 2021-02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN UPDATED INTERLOCAL
AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY FOR THE DELIVERY OF SOLID WASTE TO DESIGNATED
FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2009-57, the Village approved an Interlocal
Agreement for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal
Revenue Sharing Recycling Program with the Solid Waste Authority of Palm Beach County ("SWA");
and
WHEREAS, due to revisions to Chapter 403, Florida Statutes, intended to reduce contamination in
recycling, SWA has presented the Village with an updated Interlocal Agreement reflecting the new
statutory language; and
WHEREAS, the Village Council determines that the execution of the Interlocal Agreement is in the
interest of the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and are incorporated herein.
Section 2. The Village Council hereby approves the updated Interlocal Agreement for the Delivery
of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Sharing Recycling
Program, a copy of which is attached hereto and incorporated herein by reference, and authorizes the
Mayor and Village Clerk to execute the Agreement on behalf of the Village.
Section 3. All resolutions in conflict with this Resolution are hereby repealed to the extent of such
conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 14TH DAY OF JANUARY, 2021.
(Village Seal)
MAYOR
ATTEST:
s
i
VILLAGE RK
Return to: (enclose self-addressed stamped envelope)
Name:
Address:
uminnmm�iimnmiiniiia ni n
CFN 20210117256
OR BK 32286 PG 1586
RECORDED 03il6/2021 i21 11a24R19
Palm Beach Counts y Florida
Joseph AbruzzoyC:lerk
Pgs 1586 - 1594; (9pss)
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MIUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
THIS Agreement, made and entered into this day of1�CN- , 201 by and
between the SOLID WASTE AUTHORITY OF PALMI BEACH COUN'T'Y, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the VILLAGE OF NORTH PALMI BLEACH, 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; as amended, 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, Fart IV, Florida Statutes; as amended, and
WHEREAS, in addition, the VILLAGE provides for the collection of solid waste from the
residents and businesses and residential recyclable materials 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 the Authority 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 perfonned by the parties hereto, and for the mutual benefit of the
VILLAGE, its constituents and the Authority, it is agreed as follows:
1. The above recitals are true and correct and incorporated into the body of this Agreement
as if fully set forth herein_
2. Definitions:
Acceptable Load — Any load of otherwise Designated Recyclables that contains no
Prohibited Material and a maximum of 12% Contamination in total, or the Container
component contains no Prohibited Material and a maximum of 12% Contamination and
the Fiber component contains no Prohibited Material and a maximum of 5%
Contamination.
Acceptable Material — Designated Recyclables as defined herein.
Combined -Maul City — A municipality that has contracted with a Private Hauler
that also services other municipal or unincorporated areas within Palm Beach
County to collect and deliver Residential Recovered Materials to the Authority.
Containers — Includes aluminum cans, aseptic containers, gable -topped containers, glass
battles and jars (green, brown and clear), and plastic containers #1 - #7 (except Styrofoam).
Contaminated Recyclable Material — Any Recyclable Material that does not conform to
the standards for Acceptable Loads.
Contamination — Any material not included in the definition of Designated Recyclables.
Corrugated Cardboard — Containers having liners of either test liner, jute, or kraft.
Designated Facility —The Authority's Recovered Materials Processing Facility (RMPF),
the Authority's transfer stations, a Private Commercial Materials Recycling Facility
(PCMRF) designated by the Authority or any other sites designated by the Authority for
recycling. The Authority reserves the right to add or delete approved facilities with
reasonable notice.
Designated Recyclables — Fiber and Containers as defined herein or other materials
as the Authority may designate.
Equivalent Residential Unit (ERU) — Single -Family and Mobile Homes equal 1
ERU, Multi -Family Homes equal 0.75 ERUs.
Fiber — Includes newspapers (including inserts), magazines and catalogs, phone
books, Corrugated Cardboard, Mixed Paper, Sorted White Ledger, Sorted Office
Paper, and kraft bags.
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 paper.
Municipal Solid Waste or MSW — Garbage, sewage, sludge, septage, rubbish, refiise, and
other discarded solid or liquid materials resulting from domestic, industrial, commercial,
agricultural, and governmental operations, but does not include solid or dissolved materials
in domestic sewage, storm drainage, or other significant pollutants in water resources, such
as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials
in irrigation return flows, or other common water pollutants.
Net Revenue — Residential Recovered Materials Revenue minus Processing Cost.
Private Hauler — Any for-profit person or entity providing collection of solid waste
and/or recyclables for hire on a routine basis within the municipality.
Processing Cost — The sum(s) due and payable to the contract operator of the RMPF
by the Authority.
Prohibited Material — Hazardous, medical or biological waste.
Public/Self Hauler — The municipality providing the collection of solid waste and
recyclables using their own resources rather than using the hauling services of a Private
Hauler.
Recovered Materials Processing Facility (RMPF) — A facility owned by the Authority
that processes Recyclable Material.
Recyclable Material — Includes Containers and Fiber.
Residential Recovered Materials Revenue — Total earned revenue from the sale of
designated Residential Recovered Materials.
Residential Recovered Materials — Designated Recyclables collected from
residential units less Unacceptable Materials and Prohibited Materials delivered to
Designated Facilities.
Self -Haul City —A municipality that collects its own Residential Recovered Materials
and delivers it to the Authority or who uses a private contractor that collects its
Residential Recovered Materials on dedicated routes and can positively demonstrate
that they have collected and are delivering only that jurisdiction's Residential
Recovered Materials to the Authority_
Sorted Office Paper — Office paper including letterhead, computer paper, legal paper,
loose-leaf paper, copy and typing paper.
Sorted White Ledger — White ledger or computer printout paper.
Unacceptable Load — Any load of Designated Material delivered to a Designated Facility
that is deemed not an Acceptable Load as defined herein.
Unacceptable Material — Any material other than Acceptable Material and Prohibited
Material.
3. The purpose of this Agreement is to set forth the terms and conditions for the delivery of
Municipal Solid Waste (MSW) to Designated Facilities and for the operation of a recycling
program between the Authority and the VILLAGE which upon execution by both parties
shall automatically rescind the current INTERLOCAL AGREEMENT FOR THE
DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATIED FACILITIES
AND FOR A MUNICIPAL RECYCLING PROGRAM and shall become effective
upon filing with the Clerk of the Courts in accordance with Chapter 163, Florida Statutes.
4. The VILLAGE agrees that all MSW and Designated Recyclables collected by or on behalf
of the VILLAGE shall be disposed of at a Designated Facility in accordance with this
Agreement.
5. 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 MSW and Designated Recyclables are being delivered to a Designated
Facility.
b. The Authority agrees to pay the VILLAGE a minimum of 50% of the Net Revenues earned
from the sale of Residential Recovered Materials attributable to the VILLAGE on a
quarterly basis. The actual percentage will be determined annually through the Authority's
budget process. The Net Revenues to be shared will consist of the Residential Recovered
Materials Revenues received by the Authority for each quarter less the Processing Cost for
that quarter. That amount will be divided by the total tons received to determine an average
price per ton and then multiplied by the adopted annual revenue share percentage to set the
program price to be paid for the quarter. The Net Revenue distribution formula will be
based on the number and type of residential units serviced by the VILLAGE in relation to
the total number of these units for all municipalities participating in this program or on the
actual amount delivered for municipalities that haul their own material. Each participating
municipality will either be classified as a Self -Haul City or a Combined -Haul City. Self -
Haul Cities will receive a revenue share based on the actual weight of Acceptable Loads
delivered to a Designated Facility. Combined -Haul Cities will share the balance of those
net revenues based upon the proportion of their total ERUs serviced in comparison to the
total ERUs serviced for all Combined --Hauler Cities in Palm Beach County.
7. The Authority agrees to maintain its Designated Facilities to ensure adequate capacity for
the VILLAGE's waste and residential recyclables to operate within all applicable local,
state and federal environmental guidelines.
S. Collection of Designated Recyclables
A. Residential
Individual residents/homeowners shall be encouraged by the VILLAGE to separate
their MSW into recyclables and non-recyclables. Each residential unit or
combination of units will receive from the Authority the appropriate type and
number of reusable containers, in accordance with the countywide recycling
program, into which Recyclable Materials will be deposited.
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.
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 reasonable 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 MSW
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 may be deposited. Acceptable Materials for
commercial recycling shall include: Containers, Corrugated Cardboard, Sorted
White Ledger, Mixed Paper, Sorted Office Paper, and any other materials agreed
to in writing by the VILLAGE and the Authority.
The Authority reserves the right to add or delete allowable Designated Recyclables and
when doing so will provide the Village with reasonable notice to make those changes.
9. Commercial Recycling 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.
10. Transportation and Equipment
The VILLAGE shall be responsible for having collected Designated Recyclables
transported to a Designated Facility as defined herein. The Authority or its contractor shall
receive, process, dispose of and/or recover all Designated Recyclables 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 may be compartmentalized or in separate vehicles.
11. Improperly Prepared and Sorted Recyclable Materials
When a collector's crew encounters improperly prepared and sorted materials or non -
recyclable items, they must follow this procedure:
A. The collector shall pick up all Designated Recyclables except for Contaminated
Recyclable Material or those which cannot be safely retrieved from the reusable
containers. Improperly prepared and sorted materials or contamination 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 contact information for
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 the Authority when
preparing the VILLAGE's future Request for Proposals or Bid for collection
services.
B. It shall be the responsibility of the VILLAGE or its Private Hauler 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.
12. 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 Private Hauler has equipment
compatible to provide proper collection of these recycling containers without damage. The
VILLAGE or its Private Hauler shall be responsible for replacement of any recycling
container(s) damaged during service at no cost to the Authority. The Authority reserves the
right to add or delete different size containers and when doing so will provide the Village
with reasonable notice to make those changes.
13. Compliance with Zoning Ordinances
Any transfer, processing, disposal and/or storage of Municipal Solid Waste and Recyclable
Materials shall be undertaken at a Designated Facility that complies with all local zoning
ordinances and any other applicable local and state statutes, ordinances, and regulations.
The VILLAGE further 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.
14. Delivery of Unacceptable Loads
If the Village delivers a load of Designated Recyclables that is deemed to be an
Unacceptable Load, the VILLAGE or its Private Hauler will be charged the actual disposal
cost for any rejected load due to Contamination or equipment failure. The Authority will
notify the VILLAGE or its contractor immediately of an Unacceptable 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.
I5. Promotion and Education Responsibilities
The Authority will provide recycling containers and assist in promoting and educating
residents within the VILLAGE in an effort to increase recyclable tonnages and reduce
Contamination.
16. Delivery of Designated Recyclables
The VILLAGE agrees that it shall require that all Designated Recyclables separated from
the normal Municipal Solid Waste stream that are collected by or on behalf of the
VILLAGE be delivered to Designated Facilities as defined herein. 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.
17. Term
This Agreement shall begin on the later of its effective date or October 1, 2020, and
continue through the following September 30th and shall automatically be renewed for
successive annual periods. Either party may terminate this Agreement on any October 1 st
by delivering written notice received by the other party prior to the preceding May 1 st. The
Authority will continue to provide the necessary recycling containers and ongoing
education and advertising as provided in this Agreement. Notwithstanding termination, any
rights or duties imposed by law shall remain in effect.
18. 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.
19. 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 Authority:
For the VILLAGE:
Solid Waste Authority of Palm Beach County
Village of North Palm Beach
7501 North Jog Road
501 U.S. Highway 1
West Palm Beach, Florida 33412
North Palm Beach, Florida 33408
Attention: Executive Director
Attention: Village Manager
20. 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.
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
D ellowitz,utive Director
Date:
T
APPROVED AS TO FORM SOL STE AUTHORITY OF PALM
AND LEGAL SUFFICIENCY BE CH C
Howard J. DpkAy dpmJby HonaN J. Fdmnlll
ON:D(}ap DD•pbcpw, OU--Emapd�e.0U4ATf.
OII+Wen, ClkHwwN J. Fdmn III, E-HFdwn®pCryw.ap
.t+ennila,u.wmumw.a�rn '
Falcon III;a �----
General Counsel to the Authority a J. Vassalotti, Clerk to the Ad*,gd Vit,
Date: Date:
(Affix SWA Seal)'-`;
VILLAGE OF NORTH PALM BEACH
BY: a4l
Susan Bickel, Mayor
ATTEST:
-
J ss'ca Green, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: (Affix Municipal Seal)
BY: ,c-' "----
Leonard G. Rubin, Village Attorney