2004-006 Recycling Agrmt w/Solid Waste AuthorityRESOLUTION 06-2004
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING WITH SOLID
WASTE AUTHORITY OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES FOR CONTINUATION OF A RECYCLING PROGRAM
WITH THE VILLAGE OF NORTH PALM BEACH; 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 hereby
approve the Interlocal Agreement for Municipal Recycling with the Solid Waste Authority of
Palm Beach County attached as Exhibit "A", which agreement provides for continuation of a
recycling program with the Village of North Palm Beach.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Interlocal Agreement for Municipal Recycling 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.
PASSED AND ADOPTED THIS 22nd DAY OF JANUARY, 2004.
(Village SQa!)
A
VILLAGE CLERK
INTERLOCAL AGREEiVIEN T FOR i~IUNiCIPAL RECYCLING
THIS AGREEMENT, made and entered into this ~~ day of , 20 by and
between 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,
chartered 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.
WITNE5SETH:
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.
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 muhial benefit
of the Village and the Authority, it is agreed as follows:
1. Village agrees to collect or to enter into a contract for the collection of Recyclable
Materials as defined in Section 7.
2. 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.
3 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 7) 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 reaSOnavie tiiill, lat least ~6v) Sinty da`y's) t0 evaluate the C1rCUrlStanC?S and make
a recommendation to the Village.
B. Commercial Service
This provision applies to commercial establishments located within the Village's
limits. Municipal or contract crews shall collect Recyclable Materials defined in
Section 7) from designated commercial units within the Village. The Authority is
available to provide informationaUeducational material and conduct waste audits
when requested by t_h_e 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 pa.~±icular solid waste collection area. Before
deleting any commercial establishments from participation, tl-ie Village will notify
the Authority why it believes such commercial establishments 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. 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.
4 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.
5 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
6 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.
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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 infor=nation fi-om the. Village as may be required
for the program. The Village has the right to request quarterly progress reports from the
countywide program.
7 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 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. 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 service provider to receive one or more containers
into which recyciabie material may be deposited. Acceptable materials ~r
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 recyciabie materials shah be sut led b-y the business by
type and placed in separate containers. Corrugated Cardboard, Sorted White
Ledger; Mixed Paper and Sorted Office Paper are more specifically defined as
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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 Paper -office paper including letterhead, computer paper,
legal paper, loose-leaf paper, Dopy and typing paper.
(3) Gated Cardboard -containers having liners of either test liner, jute,
or kraft.
(4) Mixed Paper - a mixbire of various types ?nd grades of paper including
but not limited to: ail 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 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.
9 Transportation and Equipment
The Village shall be responsible for having collected Recyclable Materials transported to
an Authority 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 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.
10 Improper Prepared Recyclable Materials
When a collector's crew encounters improperly prepared materials or nonrecyclable items,
they must follow this procedure:
A. The coiiector shail pickup all Recyclabie Pvlateriais except triose 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
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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 riot been properly sorted, and will prop.-ide information or. hew ±o
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 may 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.
11 Compliance with Zoning 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 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.
12 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, or if there is more than 3.5% paper products within the other
Commingled Recyclable Material or visa versa, 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.
13 Promotion and Education Responsibilities
The Authority and the Village shall participate in promotion and educational efforts as
outlined below:
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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
~ ~ 4~ n n~ m,r..~~~nnn r~~ v otion ~~.
,.eve opment, p.~r~~m~ a~~.. ~ur,r.,. ~ ~~ pr m al and edr: ational materials as
needed.
B. The Village or Collector shall distribute notices of improperly prepared materials,
of collection schedule changes, of unacceptable materials or any other pertinent
infoimaticn tc residents and businesses as required.
C The Village or Collector shall require employees to deal courteously with
customers on the telephone and on the route to promote the collection service and
explain proper material preparation.
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.
14 Deliveryof 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.
15 Changes 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.
16 Term
This Agreement shall begin the date herein above and continue through and including
September 30, 2008. Notwithstanding termination, any rights or duties imposed by law
shall remain in effect. This Agreement may be Terminated by themutuai written consent
of both parties.
17. This Agreement maybe modified only by the mutual written consent of both parties.
18 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
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negotiations and use their best efforts to reach a mutually acceptable modification of this
Agreement.
19 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
20 Designation of Recycling Coordinator
The Village and the Authority shall each designate an individual in its regular 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.
21 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.
(The remainder of this page intentionally left blank.)
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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:
~-
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
J$ooth '
cutive Director
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
By. ~f
Maureen Cullen, Solid Waste Authority
WITNESSES:
~,~?7`_
MUNICIPALITY:
Village of North Palm Be
By:
APPROV AS TO FORM AN LEGA~S~UFFICIENCY:
By: / ATTEST
~~~
VILLAGE CLER
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