HomeMy Public PortalAbout2021-22YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
July 8, 2021
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attention: Town Manager
Re: Interlocal Agreement for the Delivery of Municipal Solid Waste to Designated Facilities for a
Municipal Revenue Sharing Recycling Program
Please find enclosed your fully executed and recorded copy of the subject Interlocal Agreement.
Sincerely,
Angela Bolin
Engineering Services Specialist
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 Fax (561) 640-3400
Customer Information Services: (561) 697-2700 1 South and West County: 866-792-4636
Name:
Address:
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RECORDED 06/'22i2A2 1 11 a 33.1
Pcdtn Beach Flor, i d(k
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INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
THIS Agreement, made and entered into this iti 1 day of a , 2M by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the TOWN OF G,; I } S�r e- a.. WN , a municipal corporation, chartered
and organized in accordance with the laws of the State of Florida, hereinafter called "TOWN".
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 TOWN 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; as amended, and
WHEREAS, in addition, the TOWN 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 TOWN 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 TOWN 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 performed by the parties hereto, and for the mutual benefit of the TOWN,
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 -Haul Town — 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
bottles 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, refuse, 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 Town — 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.
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 TOWN which upon execution by both parties shall
automatically rescind the current INTERLOCAL AGREEMENT FOR THE
DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED 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 TOWN agrees that all MSW and Designated Recyclables collected by or on behalf of
the TOWN shall be disposed of at a Designated Facility in accordance with this Agreement.
5. The TOWN 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 TOWN's
MSW and Designated Recyclables are being delivered to a Designated Facility.
6. The Authority agrees to pay the TOWN a minimum of 50% of the Net Revenues earned
from the sale of Residential Recovered Materials attributable to the TOWN 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 TOWN 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 Town or a Combined -Haul Town. 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 TOWN's waste and residential recyclables to operate within all applicable local, state
and federal environmental guidelines.
8. Collection of Designated Recyclables
A. Residential
Individual residents/homeowners shall be encouraged by the TOWN 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 TOWN. Notice for a substantial change
in collection method shall be no less than one year.
B. Commercial
Individual businesses shall be encouraged by the TOWN 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 TOWN and the Authority.
The Authority reserves the right to add or delete allowable Designated Recyclables and
when doing so will provide the TOWN with reasonable notice to make those changes.
9. Commercial Recycling_ Revenue Share
As a further incentive for the TOWN to actively pursue commercial recycling, the
Authority and the TOWN may enter into a separate agreement to provide for payment to
the TOWN 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 TOWN 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 TOWN, at no charge to the TOWN, 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 TOWN 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 TOWN or Authority recycling coordinator for further information. Upon
request of the TOWN, the Authority will provide rejection procedure training for
the route drivers. The Authority and the TOWN 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 TOWN's ability to have its collector fulfill the
TOWN's recycling needs, the TOWN agrees to notify the Authority when preparing
the TOWN's future Request for Proposals or Bid for collection services.
B. It shall be the responsibility of the TOWN 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 TOWN shall notify the Authority, who shall then assist the TOWN 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 TOWN's responsibility to make sure it or its Private Hauler has equipment compatible
to provide proper collection of these recycling containers without damage. The TOWN 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 TOWN 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.
14. Delivery of Unacceptable Loads
If the TOWN delivers a load of Designated Recyclables that is deemed to be an
Unacceptable Load, the TOWN 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 TOWN 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 TOWN.
15. Promotion and Education Responsibilities
The Authority will provide recycling containers and assist in promoting and educating
residents within the TOWN in an effort to increase recyclable tonnages and reduce
Contamination.
16. Delivery of Designated Recyclables
The TOWN 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 TOWN be
delivered to Designated Facilities as defined herein. The TOWN 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 TOWN.
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 parry written instructions to contact another individual.
For the Authority: For the TOWN:
Solid Waste Authority of Palm Beach County Town of Gulf Stream
7501 North Jog Road 100 Sea Road
West Palm Beach, Florida 33412 Gulf Stream, Florida 334
Attention: Executive Director Attn . Town 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:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Howard J.
Falcon III
General Counsel to the Authority
Date:
ATTEST:
�►"V1, CferK
(Affix Municipal Seal)
As to the Authority:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
aniel Pellowitz, Executive Director
Date: `c(% � 1•��-(
SOLID WASTE AUTHORITY OF PALM
B COUNTYY
v�
Sandra assalotti, Clerk to the Authority
Date: G /Y ZuL
(Affix SWA Seal)
As to the TOWN:
OVED - . O FORM
AND LEGAL SUFFICIENCY
TO
Date: S/2 Y/2 (