1999-007 Interlocal w/SWA for Recycling
SOLUTION NO. X7-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTFIORIZING AND DIRECTING THE MAYOR AND VII,LAGE
CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY ATTACHED AS E}CHIBIT "A", WHICH AGREEMENT
PROVIDES FOR COLLECTION AND DISPOSAL OF
RECYCLED GOODS WITHIN THE VII.LAGE; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA
Section 1 The Village Council of the Village of North Palm Beach, Florida, does
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hereby approve the Interlocal Ageement with Solid Waste Authority of Palm Beach County attached
as Exhibit "A", which agreement provides for collection and disposal of recycled goods within the
Village.
Section 2. The Mayor and Village Clerk are authorized and directed to execute the
interlocal agreement with Solid Waste Authority of Palm Beach County set forth in Exhibit "A" for
and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED THIS 3.13
(Village Seal)
T T': ~~
VILLAGE CLERK
>99.
INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
AND GRANT MANAGEMENT
• THIS AGREEIIIENT, made and entered into this _ day of 1999 by and
behveen the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter
called "Authority", and the VILLAGE OF NORTH PALM BEACH, a municipal corporation,
chattered and organized in accordance with the laws of the State of Florida, hereinafter called
"Village", to enter into an Interlocal Agreement for Municipal Recycling and Grant Management
in accordance with Chapter 403, Part IV, Florida Statutes.
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 State of Florida ("State") has established a grant program for recycling and
education projects; and
• WHEREAS, without making joint application with the Authority, the Village may not be able to
obtain a grant or would have to provide matching funds to receive any grant benefits; and
WHEREAS, the Village desires to work in cooperation with the Authority to continue
establishment of a municipal recycling program toward achievement and maintenance of the
State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes.
WHEREAS, on or about May 25, 1994, the parties entered into an Interlocal Agreement for
Municipal Recycling and Grant Management; and
WHEREAS, the parties desire to terminate said agreement and enter into this new Agreement.
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 Village and the Authority, it is agreed as follows:
Village agrees to collect or to enter into a contract for the collection of Recyclable
Materials as defined in Section 8.
2. Village agrees to cooperate with the Authority in making a grant application to the State
of Florida as defined in Section 15.
3. Village agrees to cooperate with the Authority to provide all necessary and required
information to the Authority so that the Village and the Authority can determine if the
Village's recycling program is meeting the requirements of the Authority's countywide
recycling program and other applicable state and local laws.
• 4. Recyclable Collection Service
A. Residential Curbside and Containerized Service
This provision applies to residential units receiving curbside or containerized
solid waste collection service. Municipal or contract crews shall collect all
Recyclable Materials (defined in Section 8) from designated residential units
within the Village. Authority provided promotional materials may be distributed,
informing the residents as to when and how the Recyclable Materials will be
collected. No residents will be deleted from collection because of infrequent
participation, unless it is determined by the Village and the Authority that the
recycling collection is not feasible in a particular solid waste collection service
area. Before deleting any residents from participation, the Village will notify the
Authority why it believes such residents should be deleted and give the Authority
a reasonable time (at least (60) sixty days) to evaluate the circumstances and make
a recommendation to the Village.
B. Commercial Service
This provision applies to commercial establishments located within the Village's
limits. Municipal, contract crews or other companies properly licensed to provide
recycling collection services may collect Recyclable Materials (defined in Section
8) from designated commercial units within the Village. The Authority is
available to provide informationaUeducational material and conduct waste audits
when requested by the Village. No business will be prevented from participating
unless it is determined by the Village and the Authority that the recycling
collection is not feasible in a particular solid waste collection area. If the Village
becomes aware of any commercial establishments deleted from participation, the
Village will notify the Authority and give the Authority a reasonable time (at least
(60) sixty days) to evaluate the circumstances and make a recommendation to the
Village. The Village is expected to develop a plan which provides direct recycling
collection services to the majority of the businesses within the Village's limits,
and will endeavor to include all commercial businesses. The Authority is
available to assist in developing the plan or programs to achieve this goal, or to
provide direct collection services on a cost basis when requested by the Village or
the business.
Collection Schedule
The collection schedule shall have a minimum frequency of once per week for each
Residential and Commercial Unit and shall be made on a day as determined by the
Village or Collector.
• 6. Point of Collection
Collection shall be at curbside, or within the public right-of--way adjacent to the paved
roadway, or adjacent to/in the same location as designated for garbage/refuse collection
Data Collection
• The Village or its collector shall provide the Authority the following data each month for
each route and collection crew:
A. Total number of households or businesses on each route.
B. Number of households setting out any or all materials for the month.
C. Total weight of residential materials and total weight of commercial material
collected for the month.
D. Residential and Commercial Material disposition, including date, type, and
quantity of material discharged at each Authority designated facility.
E. Collection hours.
This data shall be submitted in a monthly report to the Authority's Recycling Department
by the 15th day of the month following the end of each month. Data sheets shall be
available from the Authority on request. All data and program information shall be
retained for the period of the Agreement. The Authority has the right to request any
additional collection or contract-related information from the Village as may be required
for the program. The Village has the right to request quarterly progress reports from the
countywide program.
• 8. Collection of Source-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 Containers,
Aluminum Foil Products, Aseptic Packages, Gable-topped Containers, Glass
bottles and jars (green, brown and clear), and all Plastic Containers. Commingled
recyclables will be deposited into one of the appropriately designated reusable
containers. Newspapers shall be placed loose in the other appropriately designated
reusable container, and all residents shall be encouraged to place all other paper
material, consisting of Magazines or Phone Books, in a Kraft bag and place in or
near the Newspaper reusable container. Old Corrugated Containers 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 Newspaper. Residents receiving
containerized service may receive a separate container to be used for the
• collection of Old Corrugated Containers. 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. However, the Village retains the right to deviate from the
collection method provided the material is delivered to the Authority in an
Authority approved manner.
• Further expansion of designated materials is expected to commence January, 2000
(Phase II) and shall minimally include Junk Mail, Chipboard/Pressboard Paper
and any other materials approved in writing by the Village and the Authority.
The Recyclable Materials aze more specifically defined as follows and shall be
prepazed for collection in accordance with processing standards in paragraphs I
through 13 below:
(1) Aluminum Containers -aluminum beverage cans and containers (pet food,
tuna, etc.), but not bi-metal containers. These containers shall be empty,
rinsed and dry.
(2) Aluminum Foil Products -any aluminum material, made solely of
aluminum, other than aluminum containers. These items shall be rinsed
and free of food contaminants. Examples of acceptable items include
aluminum foil, pie plates and T.V. dinner trays.
(3) Aseptic Packaees -poly-coated paperboard containers with aluminum
liners, for example drink boxes. These items shall be empty, rinsed,
straws removed and flattened.
. (4) Gable-Topoed Containers - poly-coated .paperboard containers, for
example, milk cartons. These containers shall be empty, rinsed and
flattened.
(5) la s -rinsed, whole green, brown and clear bottles and jars, but shall not
include cooking ware, plate glass, safety glass, light bulbs, ceramics and
non-glass materials. Caps, lids, and any type of top shall be removed from
the containers. Labels may remain on the containers.
(ti) Plastic Containers -Milk jug, water bottle, and laundry detergent
containers (HDPE), soft drink bottles (PETE) and all other plastic
containers (except Styrofoam containers), empty, rinsed and dry, with tops,
caps or lids removed.
(7) Old Corrueated Containers -containers having liners of either test liner,
jute or Kraft. These items shall be dry and shall not include any wax
coatings, and shall be cut to an acceptable size, flattened, bundled and set
beside containers or placed in the Newspaper reusable container.
(8) Kraft Baes -brown paper grocery or shopping bags. These items shall be
either filled as stated above, or folded and placed in the Newspaper
• reusable container.
(9) Magazines -dry, coated magazines, catalogs and similar printed materials.
These items may be placed in Kraft bags and placed in or near the
Newspaper reusable container.
(10) Newspaper - newspapers, supplements, advertising and magazine
sections (all of which would have been included with the newspaper),
• packed loose in the Newspaper reusable container.
(11) Phone Books -telephone directories made of paper. These may be placed
in Kraft bags and placed in or near the Newspaper reusable container at
any time during the year.
(12) Junk Mail (Phase II) -means envelopes, flyers and correspondence
received by residents through the U.S. Postal system. Items are to be
placed in a container as agreed to by the Village and the Authority.
(13) Chinboard/Pressboazd Paper (Phase IIl -means folding paper cartons used
for packaging. Examples include tissue, cereal and dry good packaging.
Items are to be placed in a container as agreed to by the Village and the
Authority.
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 service provider to receive one or more containers
into which recyclable material may be deposited. Acceptable materials for
commercial recycling shall include Commingled Recyclable Materials, Old
• Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any
other materials agreed to in writing by the Village and the Authority. Sorted
White Ledger and Sorted Office Paper are more specifically defined as follows
and 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 Paoer -office paper including letterhead, computer paper,
legal paper, loose-leaf paper, copy and typing paper, a small percentage of
groundwood computer printout and facsimile paper and 10% other
commercially generated office paper including but not limited to
newspaper, junk mail, magazines and catalogs.
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.
10. Transoortation and Equipment
• The Village shall be responsible for having collected Recyclable Materials transported to
or an Authority designated facility, including, but not limited to, the Authority's North
Materials Recycling Facility (NMRF), 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 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 may be compartmentalized or in separate
vehicles.
1 1. Improperly Prepared Recyclable Materials
When a collector's crew encounters improperly prepared materials or nonrecyclable
items, they must follow this procedure:
A. The collector shall pickup all Recyclable Materials except those contaminated by
putrescible waste 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 the 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 collector to contact residents or
businesses who 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. Compliance with Zonine Ordinances
Any transfer and/or storage of the 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.
The Village further agrees to use its best efforts to require new multi-family or
commercial developments to provide adequate space for recycling containers.
• 13. Unacceptable Materials
Criteria has been established for acceptance of loads deemed suitable for processing at the
Authority designated facilities. If the load contains in excess of 3.5% non-recyclable
materials by weight, the receiving facility will either reject the load for recycling or
process the load, segregating contaminants. It will be the responsibility of the Village to
dispose of any rejected loads in a suitable manner and/or pay the Authority for processing
• and/or disposal of contaminants in excess of 3.5%. If the problem persists, future loads
will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too
frequently (e.g. 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.
14. Promotion and Education Resnonsibilitiec
The Authority and the Village shall participate in promotion and educational efforts as
outlined below:
A. The Village shall be responsible to at least once a year advertise or distribute
notices of service to each targeted business and/or household, and for the
development, printing and supplying of promotional and educational materials as
needed.
B. The Village or Collector shall distribute notices of improperly prepazed materials,
of collection schedule changes, of unacceptable materials or any other pertinent
information to residents and businesses as required.
C. The Village or Collector shall participate in the Authority's "Keep It Clean"
• tagging program.
D. Throughout the term of this Agreement, the Authority shall be available to
participate in promoting the collection service at area fairs, neighborhood
association programs, or other community events, and the Authority shall be
available to give advice to the Village on promotional and educational materials'
content and presentation, at no cost to the Village.
15. Grant Mana ement
A. The Village authorizes the Authority, on behalf of the Village and the Authority,
to submit to the Florida Department of Environmental Protection (DEP) a joint
application for a solid waste recycling and education grant for all years in which
the grant is available.
B. The Village acknowledges and understands that the Authority will submit the
grant application for the benefit of the Village, the unincorporated areas of the
county, and the county as a whole, as is appropriate, and that said application will
be made also on behalf of other participating municipalities.
• C. The Village agrees to provide to the Authority all information needed to develop
and maintain a complete recycling plan and grant application and to comply with
all reporting requirements prescribed by Florida Statutes and DEP Rules and
Regulations.
D. The Authority agrees to submit grant applications based on the applicable
following guidelines and in accordance with the DEP Rules and Regulations:
• (1) Application for the grant year may be mutually agreed to by the parties to
be based solely upon a countywide plan for applying the grant funds to
benefit the county as a whole, or
(2) For municipalities that have entered into Interlocal Agreements with the
Authority under this grant program and similar to this Interlocal
Agreement (hereafter called Participating Cities) and that submit a written
plan for a qualifying grant project to the Authority 60 days prior to the
filing deadline established by DEP, such plan will be included in the grant
application, providing it meets the filing requirements set out in the DEP
Rules and Regulations.
(3) Application for the grant may be based upon the Authority's qualifying
project plan for the unincorporated areas of the county.
(4) For cities that do not submit a plan for filling the requirements of Section
15D(2) 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 benefit the county as a whole.
E. The Authority agrees to distribute funds received under this grant program when
• appropriate to Participating Cities as follows:
(1) Funds shall only be distributed on the basis of expenditures approved by
DEP.
(2) If a countywide Grant Program application was submitted, then 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 DEP of the submitted plan, or
(3) If a joint Grant Program request was submitted, then Grant funds shall be
distributed by the Authority to Participating Cities or applied by the
Authority to unincorporated areas of the County or for the benefit of the
County as a whole on the basis of grant application approvals by DEP.
That is, if a Participating Village's submitted project plan is approved in
whole, or in part, or denied totally, then that Participating Village shall
receive funds accordingly based on the percentage of its plan that has been
approved.
(4) The Authority will distribute grant funds to the Village and all other
Participating Cities within thirty (30) days of receipt of grant program
• funds from the State.
F. The Village agrees that the Authority will be entitled to deduct and retain for the
Authority's account, from any funds distributable to the Village, 5% of the grant
award to cover Authority administrative costs, and 20% of the amount received
for the countywide education program.
• G. The Village shall maintain accurate records of all expenditures of grant funds and
shall make these available to the Authority and DEP as provided in Chapter 17-
716.430, F.A.C. or any successor regulation.
H. The Village 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 agreement is in effect.
I. Nothing contained in this agreement shall prohibit the Village from making
application for grants under other provisions of Chapter 403, Florida Statute that
are not in conflict herewith.
16. pelivery 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
Authority designated facilities. The Authority may, from time to time, undesignate a
facility. The Village will take such action as is necessary to ensure against and prevent
scavenging and unauthorized removal of such recyclables within the jurisdiction of the
Village.
17. Chanties in the Law
• Should the State of Florida or the Authority determine any of the items described in
Section 8 to be non-recyclable or designates new Recyclable Materials during the term of
this Agreement, the Authority and the Village will negotiate a method for modifying or
terminating this Agreement, as appropriate.
18. Term
This Agreement shall begin the date herein above and continue through and including
September 30, 2003. Notwithstanding termination, any rights or duties imposed by law
shall remain in effect. This Agreement may be terminated by the mutual written consent
of both parties.
19. This Agreement maybe modified only by the mutual written consent of both parties.
20. In the event of any changes in law that 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.
21. All formal notices affecting the provisions of this Agreement shall be delivered in person
• or be sent by registered or certified mail or by facsimile to the individual designated
below, until such time as either party furnishes the other party written instructions to
contact another individual:
For the Authority:
Solid Waste Authority of Palm Beach County
• 7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
Facsimile Number 561-683-4067
For the Village:
Village of North Palm Beach
501 U.S. Highway #1
North Palm Beach, FL 33408
Attention: Mayor
Facsimile Number 561- 626-5869
22. Designation of Recycling Coordinator
The Village and the Authority shall each designate an individual in its regulaz employ to
be the recycling coordinator. Such individual will be the contact person for the Authority
or the Village to contact each other and for residents participating in the program to
contact. Such individual will also be available to participate in/or coordinate jointly
sponsored educational, promotional, and related presentations.
• 23. 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 portions thereof had not been incorporated herein.
24. The prior Interlocal Agreement For Municipal Recycling And Grant Management dated
May 25, 1994, entered into by the parties hereto shall terminate on the date of execution
of this Agreement, and neither party shall have any rights, duties or obligations arising
therefrom after the date of termination.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year f rst above written:
WITNESSES: SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Donald L. Lockhart
Executive Director
APPROVE EGAL FORM AND SUFFICIENCY:
By: -
General Counse , Soli as Authority
WITNESSES:
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VILLAGE OF NORTH PALM BEACH:
By: ~ .~
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
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