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HomeMy WebLinkAboutAgreement_Interlocal_5/13/2021_Solid Waste Authority of PBCINTERLOCAL 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 day of , 2021 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 VILLAGE OF TEQUESTA, 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, Part 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 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 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 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 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 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 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 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. 6. 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. 8. 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. 15. 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 1st by delivering written notice received by the other party prior to the preceding May 1st. 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 parry 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 Tequesta 7501 North Jog Road 345 Tequesta Drive West Palm Beach, Florida 33412 Tequesta, Florida 33469 Attention: Executive Director I 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: WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY General Counsel to the Authority As to the Authority: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Daniel Pellowitz, Executive Director Date: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Sandra J. Vassalotti, Clerk to the Authority Date: Date: (Affix SWA Seal) F, TQ ATTEST: L }' = As to the VILLAGE: > SEA _ INCORPORATED:: A% AJE 4. m ' «s, u,►i4K (Affix Municipal Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Te4o&fr.. CITY Date: 5'1 181 7.0 ATTACHMENT C SWA Haulers Agreement Excerpt 14, COLLECTION EQUIPMENT: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to safely, adequately and efficiently perform the contractual duties specified in this Agreement. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide in a format specified by the Contract Administrator a list of the equipment, both dedicated and reserve, to be used by the Contractor to provide each type of collection service relating to this Agreement. Solid Waste collection equipment shall be of the enclosed loader packer type, or other equipment that meets industry standards and is approved by the Contract Administrator, unless otherwise provided within this Agreement. All Equipment shall be kept in good repair, appearance and in a sanitary, clean condition at all times. Recovered Materials collection equipment shall be the McNeilus or Steil split body rear loader (one compartment for paper products; one compartment for other Recovered Material), and must be compatible for unloading at the designated RMPE or transfer station. In the event a compacting vehicle is used for the collectii& of Recovered Materials, compaction pressure may riot exceed 50 pounds per square inch for the commingled non -paper Recovered Materials to avoid glass breakage. Equipment utilized for the collection of Recovered Materials shall be clearly identified for that purpose. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. Contractor shall notify the Contract Administrator or his designee by phone within two hours of any equipment breakdown. If the public road or public right-of-way in the Service Area is substandard, as specifically designated by the Contract Administrator, in writing, the Contractor must provide lightweight equipment to service these roads.