HomeMy WebLinkAboutDocumentation_Regular_Tab 12_09/07/2005 TF
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��s��v MEIVIC�RANDUM
TO: Michael R. Couao, Jr., Village Manager
FROM: Gary Preston, Director of Public Works �
DATE: August 30, 2005
SUBJECT: Vtliage Council Rgenda Item for Sepfember 7, 2005; Interlocal
Agreement for Municipal Recycling Prepared by the Solid Waste
Authority of Patm Beach Counfy
Please find attached, an Interlocal Agreement for Municipal Recycling
prepared by the SWA. This agreement outlines the responsibilities of both the
Village of Tequesta and the SWA concerning recyclable material. The
agreement begins on October 1, 2005 and continues #hrough September 30,
2408. The Vi{lage and SWA have signed an {nterlocal Agreement for Municipal
Recycling since the Village started recycling approximately twenty years ago.
Please place this item on the September 7, 2005 agenda for Councilmember's
consideration.
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RESOLUTION NO. 02/05-06 �
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A RESOLUTION OF THE VII.,LAGE COUNCIL OF i
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN TI�
SOLID WASTE AUTHORITY OF PALM BEACH AND ,
THE VII..LAGE OF TEQUESTA FOR MUNICIPAL
RECYCLING. .
WHEREAS, the Village is responsible for collection of recyclable material and
providing all necessary and required information to the SWA to meet Chapter 403, Part
N, Florida Statutes; and
WHEREAS, the SWA has been empowered to carry out the powers, obligations
and requirement of Chapter 403, Part N, Florida Statues; and
WHEREAS, the Village approves the SWA Intertocal Agreement for Municipal
Recycling, attached as "Exhibit A"; and
NOW, THEREFORE, be it resolved by the Village Council of the Vitlage of Tequesta,
Palm Beach County, Florida, as follows:
Section l. The Interlocal Agreement for Municipal Recycling between the Solid Waste
Authority of Palm Beach Coanty and the Viilage of Tequesta, attached hereto as "Earhibit A" is
hereby approved.
THE FOREGOING RESOLiJTTON was offered by Councilmember
, who moved its adoption. The Resolution was seconded by Councilmember , and upon
being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
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The Mayor thereupon declared the Resolution duly passed and adopted this 7�' day of September,
A.D. 2005.
Mayor Jim Humpage
ATTEST:
Village Clerk Gwen Carlisle
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July 21, 2005 sc».�r tit as2�F, �r>t.t:z!�tts
Mr. Gary Preston, Public Works -
Village of Tequesta
250 Tequesta Dr., Ste 200
Tequesta, FL 33469
SUBJ: Interlocal Agreement for 1Viunicipal Recycling
Dear Mr. Preston:
The above referenced Interlocal Agreement between the Village of Tequesta and the Solid Waste
Authority expires on September 30, 2005. Please find enclosed three (3) new original agreements for
execurion by your municipality. Please execute the original agreements (including municipal seal) and
retUrn to me as soon as possible. As soon as the Authority's Executive Director has signed the
agreements, I will return one original to you.
Changes in this new agreement from the previous one are as follows:
• As the Recycling and Education Grant .from the Florida Department of Environmental
Protection no longer exists, the section pertaining to grant management by the Authority has
been removed.
� The section pertaining to the collection of source-separated recyclable material, which lists
the current items that are acceptable in the county-wide recycling program, has been
simplified. �
• Mixed Paper has been added ta the acceptable recyclables in the county-wide commercial
program.
• Mixing of paper products with commingled recyclables (glass, plastics, aluminum, etc.) by
more than 3.5% has been added to the definition of unacceptable materials. This
contamination factor has always existed in the service agreement we have with our MRF
operator. It's inclusion in the ILA was an oversight on our part. This contamination primarily
occurs when there is a mechanical failure of the recycling collection vehicle.
If you need further clarification or have any questions relating to this Agreement, please contact me
immediately at 561-640-4000, ext. 4330 or via email at SLeesna,swa.orQ. Thank you for your immediate
attention to this ma.tter.
Sin ely,
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, Sandra F. Lees
Recycling Customer Services Manager
Enc: Three Original Agreements
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INTERLOCAL AGREEMENT FOR MUNICIPAL RECY�L�NG ' �
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THIS AGREEMENT, made and entered into this day af , 2005 by and �
between the SOLID WASTE AUT�IORITY 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 TEQUESTA, 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 in accorda.nce 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, Flarida, prescribed to a"county" pursuant to the provisions
of Chapter 403, Part N, Florida Statutes; and
WHEREAS, Chapter 403, Part N, Florida Statutes encourages counties to enter into Interlocal
Agreements with municipalities to establish recycling programs arsd 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 N, 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 mutual 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 (defuied in Section 7) from designated residential units
within the Village. Authority provided promotional materials rnay 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
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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 or contract crews shall collect Recyclable Materials (defined in
Section 7) from designated commercial units within the Village. The Authority is �
available to provide infarmationaUeducatianal material and conduct waste audits
when requested by the Village. No business will be prevented fram participating
unless it is determined by the Village and the Authority that the recycling
collection is not feasible in a particular soiid waste collection area. Before
deleting any c�rnmercial establishments from participation, the 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 Willage'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.
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 Collectian
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. i
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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 eaeh month. Data sheets shall be
available frorn the Auiharity 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. '
7. Collection of Source-Se�arated Recyclable Material
A. Residential
Individual residents/homeowners shall be encouraged by the Village to separate
their solid waste into recyclables and nonrecyclables. Each residenrial 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 shal� 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 caxdboard; and kraft
bags. Fiber Recyclable Materials shall be placed loase in the other appropriately
designated reusable container. Eorrugated 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 recyclable material may be deposited. Acceptable materials for
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 recyclable materials shall be sorted by 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
follows and shall be prepared for collection in accordance with the collection
standards below.
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(1) Sorted White Led�er - 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, copy and typing paper.
(3) Corru�ated Cardboard — containers having tiners of either test liner, jute,
or kraft. '
(4) Mixed Paper — a mixture of various types and grades of paper including
but not limited to: all office paper, calored paper, corrugated cardboard,
envelopes (excluding envelopes with cellophane windaws), junk mail,
kraft bags, magazines, and catalogs. Mixed Paper does not include tissue
or towel type paper.
8. Commercial Recyclin� Revenue Share
As a further incenrive for the Village ta actively pursue commercial recycling, the
Authority and the Village may enter into a separate agreement to provide for payment to
the Village for alI acceptable loads of agreed upon commercial Recyclable Materials.
Types of commercial Recyclable Materials eligible for payment shail 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 compartrnentalized or in separate
vehicles.
10. Improperlv 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 andlor Village approved form
on the material or in the container. The form will notify the resident or business
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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. T'he 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 fulf 11 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 respansibility of the Village or collector to contact residents or
busin�sses 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 Zonine Ordinances
Any transfer andlor 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 a�y othe� applicable local- ancl-state-statutes,-ordi�ances and regulati4ns�-_._
The Village further agrees to use its best efforts 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 andlor 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:
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
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development, printing and supplying of promotional and educational materials as
needed.
B. The Village or CollectQr shall distribute notices of improperly prepared materials,
of collection schedule changes, of unacceptable materials or any other pertinent
information to resiclents 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, arid 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 Deliverv of Collected Material
The Village agrees that it shall require that aIl Recyclable Materials separated from the
narmal waste stream that are collected by or on behalf of the Village shall be deli�ered to
Authority desigaated faciliries. 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 7 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.
I6. Term
This Agreement shall begin October l, 2005 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 the mutual written consent
of both parties.
17. This Agreement may be 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
negotiations and use their best efforts to reach a mutually acceptable modification of this
Agreement.
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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:
Far the Authority:
Solid Waste Authority of Palm Beach County
7501 North Jog Road '
West Palm Beach, Florida 334I2
Attention: Executive Director
Facsimile Number 561-683-4067
For the Village:
Village of Tequesta
PO Box 3273
Tequesta, FL 33469
Attention: Village Manager
Facsimile Number: 561-575-6203
20. Designation of Recycling Coordinator
The Village and the Authority shall eaeh designate an individual in its regular employ to
be the reeycling coordinator. Such individual will be the contact person for the Authority
or the Village to contact eaeh otl�rer 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.
Z 1. If any clause, section or provision of this Agreement sha11 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
John Booth
Executive Director
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
By:
Maureen Cullen, Solid Waste Authority
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MIJ1vICIPA.LITY:
WITNESSES: Village of Tequesta
By:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
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