Board Agenda Package April 2014

SOLID WASTE AUTHORITY BOARD
REGULAR MEETING
APRIL 9, 2014
9:00 AM

SOLID WASTE AUTHORITY
7501 N. JOG ROAD, AUDITORIUM
WEST PALM BEACH, FLORIDA 33412
www.swa.org

1. CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE

2. AGENDA: Additions/Deletions

3. MINUTES: February 12, 2014 [Regular Meeting]

4. MINUTES: Citizens Advisory Committee
April 2, 2014 (R&F)

5. RECOMMENDED CONSENT AGENDA

a. Florida Department of Transportation (FDOT) Adopt-A-Highway Program Litter Removal
Agreement (3.5 Mile Section of SR-7 from Atlantic Boulevard Mile Marker 8.647 North to
Mile Post 12.0) adjacent to SWA Southwest County Transfer Station, West Delray Beach

Recommendation: Receive and file.

CAC Recommendation: Approve staffs recommendation.

b. Agreement for Consulting Engineering Services for Air Quality Regulations between the Solid
Waste Authority of Palm Beach County and Golder Associates, Inc. Amendment No. 1 Term
of Agreement Extension and Compensation Language Modification

Recommendation: Authorize the Executive Director to execute Amendment No. 1
to the Agreement for Consulting Engineering Services for Air
Quality Regulations between the Solid Waste Authority of
Palm Beach County and Golder Associates, Inc. extending the
Term of the Agreement for three (3) years and modifying
compensation language as provided for in the Agreement
subject to Legal Counsel review and approval.


Page 1
Solid Waste Authority Board Meeting
April 9, 2014

5. RECOMMENDED CONSENT AGENDA (continued)

c. Agreement for Consulting Engineering Services for Landfill Services between the Solid Waste
Authority of Palm Beach County and CDM Smith, Inc. Amendment No. 3 Term of
Agreement Extension and Compensation Language Modification

to the Agreement for Consulting Engineering Services for
Landfill Services between the Solid Waste Authority of Palm
Beach County and CDM Smith, Inc. extending the Term of
the Agreement for three (3) years and modifying


d. Agreement for Consulting Engineering Services for Landfill Gas System Management Services
between the Solid Waste Authority of Palm Beach County and CDM Smith, Inc. Amendment
No. 3 Term of Agreement Extension and Compensation Language Modification

to the Agreement for Consulting Engineering Services for
Landfill Gas System Management Services between the Solid
Waste Authority of Palm Beach County and CDM Smith, Inc.
extending the Term of the Agreement for three (3) years and
modifying compensation language as provided for in the
Agreement subject to Legal Counsel review and approval.


e. Agreement for Professional Hydrogeological Consulting Services between the Solid Waste
Authority of Palm Beach County and URS Corporation Southern Amendment No. 1 Term of

to the Agreement for Professional Hydrogeological Consulting
Services between the Solid Waste Authority of Palm Beach
County and URS Corporation Southern extending the Term
of the Agreement for three (3) years and modifying


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April 9, 2014

5. RECOMMENDED CONSENT AGENDA (continued)

f. Granting of Utility and Access Easement to Florida Public Utilities Company for Access to Gas
Lines and Related Equipment at the Renewable Energy Campus

Recommendation: Authorize the Executive Director to execute the attached
Utility Easement upon Legal Counsel review and approval
granting access to the Florida Public Utilities Company for the
purposes of monitoring and repair of gas supply lines and
related equipment.


g. Granting of Utility and Access Easement to Florida Power and Light Company for Access to
Power Lines at the Renewable Energy Campus

Recommendation: Authorize the Executive Director to execute the attached
granting access to the Florida Power and Light Company for
the purposes of monitoring and repair of power supply lines.


h. Renewal of Designated Facility Status for Nu-Way Recycling Corporation

Recommendation: Authorize the Executive Director to issue contract for a period
of one (1) year allowing for the recycling of Palm Beach
County C/D waste at Nu-Way Recycling Corporation in
Martin County, Florida.


6. MATTERS BY THE PUBLIC

Anyone wishing to address the Board should complete a Request Card furnished on the Agenda table.
Upon completion, please pass to the Clerk BEFORE the beginning of the meeting. Thank you for your
cooperation.

7. PUBLIC HEARING / WORKSHOP

None.

8. OLD BUSINESS (POSTPONED ITEMS)

None.

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April 9, 2014

9. NEW BUSINESS

A. EXECUTIVE DIRECTOR / MANAGING DIRECTOR

1. Resolution of Appreciation Norman Littauer
Resolution of Appreciation Milton Brenner
Resolution of Appreciation Harold Ostrow

Recommendation: Approve Resolutions of Appreciation 2014-03, 2014-
04, and 2014-05 and authorize Chair to execute on
behalf of the Board.


2. Renewable Energy Facility #2
Supplemental Combustible Waste Supply

Recommendation: Authorize Authority Staff to issue a Request for
Proposals to entities interested in supplying solid waste
material suitable as supplementary fuel for Renewable
Energy Facility #2.


B. LEGAL COUNSEL (Jim Mize, Attorney)

None.

C. OPERATIONS & FIELD SERVICES (Mark Eyeington, Chief)

None.

D. CUSTOMER INFORMATION AND RECYCLING SVC. (John Archambo, Director)

None.

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April 9, 2014

9. NEW BUSINESS (continued)

E. ENGINEERING, CONSTRUCTION & UTILITIES (Ramana Kari, Chief)

1. Interlocal Government Agreement with East Central Regional Wastewater Treatment
Facilities Operation Board Regarding the Expiration of Sludge Disposal Services

Recommendation: Authorize the Executive Director to execute an
Interlocal Government Agreement regarding the
Expiration of Sludge Disposal Services between the
Solid Waste Authority of Palm Beach County and
East Central Regional Wastewater Treatment
Facilities Operation Board providing for the
expiration of the current Sludge Disposal Agreement
and the continued treatment and disposal of septage
waste subject to Legal Counsel review and approval.


2. Recovered Materials Processing Facility Amended and Restated Operations and
Maintenance Agreement Approval of Amendment #2

Recommendation: Authorize the Executive Director to execute
Amendment #2 to the Agreement for Amended and
Restated Operations and Maintenance for Recovered
Materials Processing Facility between the Solid Waste
Authority of Palm Beach County and FCR Florida,
LLC providing for alternate paper production
specifications as detailed therein subject to Legal
Counsel review and approval.


F. PLANNING & ENVIRONMENTAL PROGRAMS (Marc Bruner, Chief)

1. Solid Waste Management Facility Permit
Action Enterprises, LLC

Recommendation: Authorize issuance of Operating Permit # AE 0077
YT14 to Action Enterprises, LLC for a Yard/Trash
Vegetative Land Clearing Recycling Facility for a
period of one (1) year.


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April 9, 2014

9. NEW BUSINESS (continued)

G. FINANCIAL MANAGEMENT SERVICES (Charles E. Maccarrone, Chief)

1. Bonus Program Report 2012/13 FY

Recommendation: Award an Employee Bonus of 2.68%.
Replenish the Exec. Directors Discretionary Fund.


2. Contract for Financial Advisory Services

Recommendation: Approve the Contract with Public Financial
Management, Inc. (PFM) for Financial Advisory
Services


10. OTHER SCHEDULED MATTERS

11. COMMENTS BY GENERAL COUNSEL

12. COMMENTS BY AUTHORITY STAFF

13. COMMENTS BY THE BOARD

Vice Mayor Paulette Burdick, Chair
Commissioner Mary Lou Berger, Vice Chair
Commissioner Hal Valeche, Secretary
Commissioner Shelley Vana, Member
Commissioner Steven Abrams, Member
Commissioner J ess Santamaria, Member
Mayor Priscilla Taylor, Member

14. CONFIRMATION OF MEETING DATES

J une 11, 2014 at 9:00 AM Regular Meeting

"If any interested person desires to appeal any decision made by the Board with respect to any matter considered at this
meeting or hearing, such interested person will need a record of the proceedings, and for such purposes may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based." (F.S. 268.0105)

Page 6

PRESENT:
ABSENT:
STAFF:
MINUTES
SOLID WASTE AUTHORITY BOARD
REGULAR MEETING
FEBRUARY 12, 2014
9:00AM
Mayor Priscilla Taylor, Chair
Vice Mayor Paulette Burdick, Vice Chair
Commissioner Mary Lou Berger, Secretary
Commissioner Steven Abrams, Member
Commissioner Hal Valeche, Member
Commissioner Shelley Vana, Member (present at 9:05AM)
Commissioner Jess Santamaria, Member
None
Mark Harmnond, Executive Director
Dan Pellowitz, Managing Director
Sandra V assalotti, Clerk to the Authority
Charles Maccarrone, Chief Financial Officer
Mark Eyeington, Chief Operations Officer
Marc Bruner, Chief Administrative Officer
Ramana Karl, Chief Engineer
John Archarnbo, Director of CIS
Jiru Mize, General Counsel
Chairman Taylor called the regular meeting of the Solid Waste Authority Board to order at
9:00AM in the Solid Waste Authority Auditorium, 7501 North Jog Road, West Pahn Beach.
The Clerk verified a quorum was present.
Mr. Harumond provided the invocation and led the Pledge of Allegiance to the Flag.
Mr. Harumond advised of the following amendment to the agenda:
Item: 9 .AA: Discussion of the Solid Waste Authority Conducting a Disparity Stody
MOTION BY VlCE MAYOR BURDICK TO APPROVE THE AGENDA AS
AMENDED. SECONDED BY COMMJSSIONER BERGER AND CARRIED WITH A
5-0 VOTE (Commissioner Santamaria and Commissioner Vana absent)
Mr. Harumond introduced Mr. Ramana Karl, Chief Engineer for the Solid Waste Authority.
MOTION BY COMMJSSIONER BERGER TO APPROVE BOARD MEETING
MINUTES FROM AUGUST 21. 2013 AND DECEMBER 3, 2013 AS PRESENTED.
SECONDED BY COMMISSIONER BURDICK AND CARRIED WITH A 5-0 VOTE
(Commissioner Santamaria and Commissioner Vana absent)
Call to Order
Roll Call
Invocation/Pledge
to the Flag
Additions/Deletions
Add-On Item
MOTION:
Aoprove Agenda as
Amended
Announcement
MOTION:
Approve Board Min.
from 10/9/13 and
12/3/13 as presented
SOLID WASTE AUTilORITY BOARD MEETING
FEBRUARY 12,2014
MOTION BY VICE MAYOR BURDICK TO RECEIVE AND FILE CAC MINUTES
FROM FEBRUARY 5, 2014 AS PRESENTED. SECONDED BY COMMISSIONER
BERGER AND CARRIED WITH A 5-0 VOTE (Commissioner Santamaria and
Commissioner Vana absent)
Item5.A:
Item 5.B:
Item 5.C:
Item 5.D:
Item 5.E:
Item 5.F:
Item 5.G:
Item5.!:
Item5.J:
Item5.K:
Item 5.L:
Item 5.M:
Item5.N:
Item5.0:
Item 5.P:
Item5.Q:
Item S.R:
Item 5.S:
ltem5.T:
Item5.U:
CIS Department Monthly Complaint Reports: Sep - Dec 2013
SBE Semi-Annual Program Report
Sole Source Procurement
2012/2013 Comprehe!lSive Annual Financial Report (CAFR)
GFOA's Certificate of Achievement for Excellence in Financial Reporting
(20 ll/20 12)
Disposal of Surplus Assets Report- Auction held November 2, 2013
Notification of Budget Tra!lSfer from Contingency AccoUilt for the
Purchase of Fill Material
Florida Department of T=portation (FDOT) Adopt-A-Highway Litter
Removal Agreement (2 Miles of Beeline Highway North to Haverhill).
Cleanup of Flood Debris- Service Area 4
Vegetation Credit Practice Amendment
Renewal ofDesigoated Facility Status:
Sllil #2- Pompano Beach, a Sun Recycling, LLC Facility
Renewal of Desigoated Facility Status:
Sun #3 -Dania, a Sun Recycling, LLC Facility
Renewal of Designated Facility Status:
Sun #7- Deerfield Beach, a Sun Recycling, LLC Facility
Renewal ofDesigoated Facility Status:
Waste Management, Inc., of Florida - Delta
Solid Waste Management Facility Permit Renewal: Mack & Son, LLC
Environmental Investigations Unit Status Report
Agreement for Co!lSulting Engineering Services for Operating &
Maintenance Inspection Services for the Recovered Materials Processing
Facility and the Ferrous Processing Facility between the SWA and RRT
Desigo & Construction- Amendment #3 - Term of Service Extension and
Compe!lSation Language Modification
Agreement for Consulting Engineering Services for Trust Indenture and
Solid Waste Management between the SWA aod Leidos Engineering, LLC
- Amendment #1 - Term of Service Extension and Compensation
Language Modification
Agreement for Consulting Engineering Services for Waste/Wastewater and
Electrical Utility System between the SW A aod URS Corporation Southern
- Amendment #2 - Term of Agreement Exte!lSion and Fee Schedule
Language Modification
Agreement for Consulting Engineering Services for Operations and
Maintenance Inspection Services for the Biosolids Pelletization Facility
between the SW A and CDM Smith, Inc. - Amendment #4 - Term of
Service Extension aod Compe!lSation Language Modification
MOTION BY VICE MAYOR BURDICK TO APPROVE CONSENT AGENDA AS
AMENDED !Less Items S.H and S.V pulled for discussion]. SECONDED BY
COMMISSIONER BERGER AND CARRIED WITH A 6-0 VOTE (Commissioner
Vana absent)
2
MOTION:
Approve Board
CACMinutes
from 2/5/2014
CONSENT AGENDA
MOTION:
Approve Consent
Agenda as Presented
SOLID WASTE AUTHORJTY BOARD MEETING
FEBRUARY 12, 2014
A.Kuhl
WTE #2 contractor not meeting the local hire requirements. Findings: Worksheet
adjustments were unsupported/undocumented which could result in inaccurate
reports; no job titles or classifications on man hour worksheets; difficulty verifYing
data as to what percentages were going to PBC residents.
Expressed concern that comments have been made in the past and not implemented.
Questioned what can be done to ensure the figures being presented are accurate.
Mr. Hammond stated that the Inspector General has reviewed this matter. In addition, the
Authority has retained a consultant who is in the process of reviewing all of the figures over
the next year-and-a-half and will prepare a final report The Authority's Consulting Engineer
is also evaluating these figures. Staff expressed satisfaction with the report.
A. Larson
Continued to express opposition to the construction of the new WTE facility.
Report provided by staff did not include backup that could be verified.
Promises of jobs as a result of the WTE facility construction is not manifesting.
Chairman Taylor stated that it was important to correct public comments: She informed that it
was her understanding that the Contractor has exceeded its local hire goals.
A. Larson
Opposed to deep well injection. A study shows that 7 out of 10 welli to the south
have failed.
No measurable amount of benzene is safe for humans.
MOTION BY VICE MAYOR BURDICK TO APPROVE ITEMS S.H AND S.V.
SECONDED BY COMMISSIONER V ALECHE AND CARRIED WITH A 7-0 VOTE
L. Gaines (WPB NAACP and Exec. Director for Center for Enterprise Opportunity)
Suggested a small business advisory committee be formed to work as a liaison
between the Board and staff. The committee would provide input regarding outreach
strategies, how to increase SBE utilization, and assist the Authority's officer to
maximize the opportunities.
A. Larson
Expressed opposition to the new WTE facility. DEP does not factor humidity in its
air permits.
In response to Commissioner Santamaria, .Mr. Haromond provided some examples of his
findings of other waste-to-energy facilities with at least 10 years of experience:

SW A WTE Facility #2 will be the cleanest of its kind in the United States and maybe the
world. The Authority Board made sure the facility had the most advanced air pollution
equipment installed.
EPA has determined that WTE facilities are the best technologies for solid waste disposal
and are best for the environment, creating the least amount of environmental impacts of
disposal techniques available today.
New WTE facility being constructed in Copenhagen is patterned after the Authority's
facility, and within one mile of the palace.
Item: S.H
Validation of WTE #2
Contractor's
Adherence with Local
Hire Requirements
Item: S.V
Biosolids Processing
Facility
MOTION:
Approve Items S.H
and S.V
Item: 6
Matters by the Public
There are three WTE facilities in Paris, one within site of the Eiffel Tower. These
facilities produce 60% of the heat that the City of Paris uses. The Louvre is heated by
incinernted garbage. ~ T t M f() \ C'\:..,.,
3
P a g e ~
SOLID WASTE AUTHORITY BOARD MEETING
FEBRUARY 12,2014
MOTION BY COMMISSIONER BERGER TO APPROVE THE PROOF OF
PUBLICATION FOR THE PUBLIC HEARING RULES ADOPTION. SECONDED
BY COMMISSIONER ABRAMS AND CARRIED WITH A 7-0 VOTE
Mr. Bruner stated that Rules 5 and 6 implement powers that the Authority has already been
granted under Florida Statutes or Special Act. The Authority is establishing administrative
procedures and tracking mechanisms to follow through on powers that it already has in place.
The new rules monitor activities of solid waste collection and collection of recovered
materials. Recovered materials are those that have been separated at the source of the solid
waste stream for the purposes of recycling. The objective of the rules is to have the solid
waste placed in a solid waste container and delivered to the SW A system, recovered materials
to be placed in separate container and ultimately delivered to a facility where the material is
legitimately recycled, and the two materials are not mixed. The enforcement mechanism for
the Authority is the Environmental Control Hearing Board, and this Board would adjudicate a
settlement.
One of the standards for these rules is that containers must be properly labeled as "solid
waste" and materials'\ along with the business name and phone number. Business
owners have one year to comply with this reqillrement
Some prohibitions:
Scavenging. An important prohibition of the rule is scavenging from the recovered
materials container. There is a business transaction between the business and recovered
materials dealer. Scavenging interferes with the business relationship.
Intentional commingling of solid waste and recovered materials is prohibited.
The Authority wants recovered materials to go to a recovered materials processing facility
that the Authority identifies and will recover at least 50% of the material. The Authority's
processing facility, which takes curbside and some commercial, recovers over 90% of the
material that comes in the front door with 10% leaving as contaminated.
MOTION BY COMMISSIONER VANA TO ADOPT SOLID WASTE AUTHORITY
RULE 5: SOLID WASTE COLLECTION AND DISPOSAL; AND ADOPT SOLID
WASTE AUTHORITY RULE 6: RECOVERED MATERIALS COLLECTION AND
PROCESSING. SECONDED BY COMMISSIONER ABRAMS AND CARRIED
WTIH A 7-0 VOTE
MOTION BY VICE MAYOR BURDICK TO ESTABLISH RULE 5 PERMIT
APPLICATION FEE OF $500.00 AND RULE 6 PERMIT APPLICATION FEE OF
$200.00. SECONDED BY COMMISSIONER VANA AND CARRIED WITH A 7-0
VOTE
MOTION BY COMMISSIONER ABRAMS TO NOMINATED VICE MAYOR
BURDICK AS CHAIR OF THE SOLID WASTE AUTHORITY BOARD;
COMMISSIONER BERGER AS VICE CHAIR OF THE SOLID WASTE
AUTHORITY BOARD; AND COMMISSIONER V ALECHE AS SECRETARY OF
THE SOLID WASTE AUTHORITY BOARD. SECONDED BY COMMISSIONER
BURDICK AND CARRIED WITH A 7-0 VOTE
Item: 7.1
Rules Adoption:
Rule 5 and Rnle 6
Item: 9.A.l
Public Hearing:
Rule 5 and Rule 6
MOTION:
Adopt Rule 5 and
Rule6
MOTION:
Establish Permit
Application Fees
Item: 9.A.l
Selection of
Authority Officers
ITEM
4
Page #
SOLID WASTE AUTHORlTY BOARD MEETING
FEBRUARY 12,2014
Commissioner Berger annonnced that Mr. Arthnr Goldzweig will serve as her District 5
appointment on the Citizens Advisory Committee.
MOTION BY MAYOR TAYLOR TO APPROVE CAC APPOINTMENTS FOR THE
UPCOMING YEAR. SECONDED BY COMMISSIONER VANA AND CARRIED
WITH A 7-0VOTE
MOTION BY MAYOR TAYLOR TO APPROVE STAFF'S RECOMMENDATION
[Approve the Interlocal Agreement with the Inspector General for a term ending
September 30, 2016, and authorize the Chair to execute]. SECONDED BY
COMMISSIONER BERGER AND CARRIED WITH A 7-0 VOTE
L. Gaines WPB NAACP Pres. & Center of Enterprise Development Exec Dir.
A specific method and science applies to conducting a disparity stody.
Urged the Board not to restrict the geographic stody but instead wait for the
consultant to advise.
Regarcling the SBE Advisory Committee, she requested the Board create a mioority
women's business advisory committee to serve in the capacity as liaison between the
Board and Authority staff.
Attorney Tanuny Fields, of PBC County Attorney's Officer, stated that in most disparity
stodies, the consultant determioes what the market area is that will be analyzed. However,
there has been a recent trend to have the Board direct what market area will be reviewed.
Palm Beach Connty's BCC directed the Connty to restrict its stody to Pahn Beach County.
Commissioner Abrams requested Mr. Hanunond to provide a presentation.
Mr. Hammond stated that staff is prepared to move forward with a disparity study if the Board
desires. Funds are available in the 2013/2014 General Reserve if the Board wants to begin
innnediately, but be felt it more prudent to budget the stody in the 2014/2015 budget. Even if
the study is budgeted in 2014/2015, staff could begin working now in order to be prepared to
initiate the stody next fall.
Commissioner Abrams stated that the BCC took this matter up and discussed including the
Authority. He questioned if there are any piggybacking benefits or budget advantages to
conducting the stody in conjunction with the BCC study.
Mr. Hammond stated that the Authority's procurement staff could meet with County staff to
determine if there are some synergies that could take place.
Commissioner Abrams questioned why the BCC made a policy decision to have the Authority
participate if there were not any financial benefits that would accrue.
Attorney Fields stated that the County reviewed Orange County's multi-jurisdictional RFP,
and it was determioed that there could be a cost saving in the first part of the stody -
identifying available vendors in the market area.
Commissioner Valeche questioned if there would be any benefit to extencling the geographical
footprint outside of Pahn Beach County, or would we get a reasonable result limiting the area
to within Pahn Beach County.
Mr. Hammond stated that it may tend to restrict if the Authority is confined to Pahn Beach
Item: 9.A.2
CAC
Item: 9.A.3
ILA for Inspector
General Services
Item: 9.A.4 ADD-ON
Discussion of SW A
Conducting a
Disparity Study
County due to the type of activities performed. He added that it was difficult to expound nprr EM M
0
,
5

FEBRUARY 12,2014
this today because staff has not evaluated this issue in detail, but it might be helpful that
whoever does the study take a look at the region in general.
Commissioner Valeche questioned if a decision needs to be made today regarding geography.
Attorney Fields stated that County staff is in the process of developing an RFP. She
recommended that if the Board sitting as the BCC does not want to limit it to Pahn Beach
County, that the consultant be directed to identify the appropriate market area.
Commissioner Valeche clarified that if Mr. Hanunond engages a consultant then they will
design a study and decide on the geographic area. He recommended that this be allowed to
happen.
Mayor Taylor stated that the question i.s whether the Solid Waste Authority will do their own
study, and the BCC will do their own. She asked where the savings would occur if there was a
joint study.
Attorney Fields explained that the savings would occur in phase one where there i.s an
identification of available vendors in the market and whether there has been any disparity.
Phase two would be the recommendations. She clarified that there must not only be a finding
of disparity, but disparity as a result of discrimination. lfthat is not found, there would be no
phase two or recommendations for development of a prognnn. The RFP would be written in
such a way that the consultant would look at each of the individual jurisdictions separately. In
phase two, there would also be separate recommendations. To the best of her knowledge,
there are no local disparity study consultants, and the travel expense for the consultant could
be a joint effort. County staff was anticipating one RFP with pricing for first and second
phase.
Mayor Taylor stated that it was her opinion that the best way to proceed from a cost-savings
point i.s the way Attorney Fields outlined.
Commissioner Abrams expressed concern about adding significant items to the current budget
mid-year. He questioned if staff has an estimate of the cost for the study.
Mr. Pe!lowitz stated that his on-line research provides estimates from several hundred
thousand dollars to $1MM or more.
Commissioner Berger questioned how long it would take to perform the study including both
the County and Solid Waste Authority, and if Mr. Hanunond thought the Authority could
perform a study on its own in Jess time.
Attorney Fields stated that the RFP is currently being developed and a contract is expected to
be in place the beginning ofFY 2014/15. The time frame for conducting the study could be
one to two years out. The County received the recommendations from its 1989 disparity study
in 1991.
Commissioner Berger stated that the Solid Waste Authority and Palm Beach County are two
separate entities with two separate Boards, and she asked Attorney Mize if there wonld be any
concernjoilling the two.
Attorney Fields stated that the RFP i.s not a piggybacking or blending. The component of
identifying available vendors global in the market area will be the only duplication of effort
and possible cost-savings. The recommendations and determinations of whether there is
disparity will be completely separate components of the RFP.
6
Disparity Study
Discussion (cont'd)
FEBRUARY 12, 2014
Attorney Mize stated that Attorney Fields is the expert on the subject matter. From a business
standpoint, even as separate entities, if the Board illrects the Authority to participate in a joint
study with the County, it can overcome whatever business issues there are with an Interlocal
agreement.
Commissioner V ana strted that County RFPs tend to move more on the "glacial level" and
whereas the Authority's RFPs are more the speed of''molasses". She suggested separate RFPs
in the event one gets bogged down the other will not, and questioned if the Authority could
start the process now.
Mr. Hammond responded that, with Board illrection, Authority staff could start at any time.
Commissioner V ana stated that her opinion would be to start now and take a look at what is
specifically for the Authority. She recognized that the County and Authority have two
separate Boards and the Authority is different from anything in the County.
Mr. Hammond suggested that Authority staff would work with County staff to determine if
there are synergies and give the Authority the flexibility to go both ways.
Commissjoner Vana requested that she be allowed to make a motion.
Chairman Burdick stated that the topic was still under discussion.
Commissioner V ana requested that she reserve the right to make her motion.
Commissioner Taylor believed it would be beneficial to use the same consultant. It was her
understanding that the determination/recommendstion- phase two - would be separate.
Attorney Fields confirmed that the identification of disparity would be separate.
Attorney Mize clarified that in the initial phase, it is possible that a consultant might say,
"There is evidence of discrimination in the County but not the Solid Waste Authority'' or vice
versa, and in that case the first phase conid produce different results as well.
Commissioner Berger suggested Authority and County staff get together to determine if they
will be able to collaborate or need to be separate. She concurred with Commissioner Vana in
that they are two separate entities but expressed concern about the enormity of the project.
Chairman Burdick recapped what she believed the Board's illrection to be as follows: County
and Authority staff get together, look at what Orange County is doing, the Board likes the
idea of utilizing one consultant to do the analysis and phase one component to differentiate
and then if we need to move forward into phase two. She questioned if Attorney Fields could
bring that information back to the Board at its April meeting for action.
Attorney Fields concurred.
In response to Commissioner Abrams, Chairman Burdick clarified that Attorney Fields will
bring back a recommendstion at the April meeting for a motion and the Authority would
move forward, but it would be budgeted for FY 2014/2015. It was her understanding that the
Board consensus is that it wants to move forward with a disparity study but it needs more
information.
Disparity Study
Discussion ( cont' d)
Motion:
Move forward w/study;
Motion by Commissioner V ana to move forward with the study, let the fleXlbilitv that Mr. meet w/County staff;
Hammond spoke about be part of the issue. let the County and Authority staff talk, and to determine separate or
come back with a reconunendstion to move forward with the study together or not together. joint study w/County
7
I T M ~
Page # ::J..jJJL
FEBRUARY 12,2014
Based on past Conntv RFPs, she suggested the Authority and Connty not do it together. She
provided clarification of her motion as follows:
Allow the Authority the flexibility to determine if it would save money or not to do it
together:
Determine whether the stndy should be limited to just Pahn Beach Connty or the entire
market area:
Begin the process now
If the Authority feels it can do this effort faster and not get bogged down in all of the
Connty stuff. that should be the other part:
Concurred that a stndy should be conducted;
If it can begin immediately she was suooortive:
If the Authority thinks it can save money and believes it should perform the study with
the County she was supportive;
If the Authority believes it can do the study better if separate from the County, then they
should come back with that recommendation in ApriL
Seconded by Mayor Taylor for discussion
Mayor Taylor questioned if there would be one RFP that would include phases one and two.
Attorney Fields stated that it would be more efficient to prepare one RFP.
Chairman Burdick requested the maker of the motion restate it for the record.
MOTION BY COMMISSIONER V ANA TO START THE STUDY NOW;
AUTHORITY AND COUNTY STAFF WORK TOGETHER TO DETERMINE IF
THE STUDY SHOULD BE DONE TOGETHER OR SEPARATELY; ALLOW FOR
FLEXJBILITY FOR AUTHORITY STAFF TO DETERMINE WHETHER IT IS
TOGETHER OR NOT; AND AUTHORITY STAFF COME BACK TO THE BOARD
WITH A RECOMMENDATION OF WHETHER THE AUTHORITY BOARD OR
CONSULTANT WILL DETERMINE MARKET AREA. SECONDED BY MAYOR
TAYLOR FOR DISCUSSION
Commissioner Vana stated that the intent of her motion is for Authority staff to start the
process now. If the Authority can do the stndy on its own, allow them that flexibility.
Commissioner Abrams objected to mid-budget, non-emergency expenditnres.
Commissioner V aleche clarified that it was his understanding that the contract would not be
awarded until the next budget process.
MAYOR TAYLOR REQUESTED THAT THE MOTION BE AMENDED TO
REFLECT THAT IF THERE ARE THINGS THAT THE AUTHORITY STAFF
FINDS, THAT IT BEGIN THE IMPLEMENTATION OF CORRECTING THOSE
ITEMS WHERE IT SEES IT IS FALLING SHORT AS FAR AS AWARDING
CONTRACTS.
MAKER OF THE MOTION ACCEPTED THE AMENDMENT. MOTION CARRIED
WITH A 6-1 [Commissioner Abrams voting "NO").
MOTION BY MAYOR TAYLOR TO APPROVE STAFF'S RECOMMEDNATION
[Approve reclassification of Assistant Recycling Manager from Grade 14 to Grade 16).
SECONDED BY COMMISSIONER BERGER AND CARRIED WITH A 7-0 VOTE
Disparity Stndy
Discussion ( cont' d)
Motion Seconded
DisCussion
MOTION:
Start study now;
determine separate
or joint study with
County; determine
if Board or Consultant
will determine market
area; bring back
recommendation
April
Disclli>sion
MOTION AMENDED:
Implement necessary
corrective action for
contract awards
MOTION CARRIED
AS AMENDED
Item: 9.E.1
Asst. Recycling Mgr.
Grade Change
8
ITEM
Page#
FEBRUARY 12,2014
[Authorize renewal of Operating Permit DM 0066 VR03 to D.M..S. Wood Farms for a
Yard Trash Recycling Facility until the June 2014 Board meeting]. SECONDED BY
COMMISSIONER V ANA AND CARRIED WITH A 7-0 VOTE
[Authorize renewal of Operating Permit AP 0067 VR03 to Atlas Peat & Soil for a Yard
Trash/Mulching and Composting Facility for a period of one year]. SECONDED BY
COMMISSIONER V ALECHE AND CARRIED WITH A 7-0 VOTE
MOTION BY COMMISSIONER VALECHE TO APPROVE STAFF'S
RECOMMENDATION [Authorize renewal of Operating Permit AD 0072 YTlO to.
Aquarius Development LLC for a Yard/Trash Vegetative Land Clearing Recycling
facility for a period of two years]. SECONDED BY MAYOR TAYLOR AND
CARRIED WITH A 7-0 VOTE
Mr. Hauunond stated that it was a pleasure to work with Mayor Taylor this past year and
expressed biB appreciation for her leadership. During her term, the Authority entered into
new franchise hauler contracts resulting in a $40MM+ savings for County rate payers over the
next five years.
Mayor Taylor stated she has received calls whereby prime contractors enter into agreements
with SBEs, and then after the SBE is on board and the contract is awarded, the prime changes
the agreement with the SBE. She believed it was a violation to make such changes uuless
approved by the Authority Board. She requested staff look into this matter.
Mr. Hauunoud stated he would look into the matter. Contractors are bound to the contract
language and they should following that language.
Chairman Burdick questioned if the contractor can change an SBE if things/needs change, or
is the contractor bound to that particular SBE, even if there are other SBEs outlined in the
contract.
Attorney Mize stated that the contract at issue is the Waste Hauler's Franchise agreement The
agreement required bidders to submit a plan for implementing SBE. The contract documents
require that the contractor make a bonafide effort to implement their plan which is intended to
be to use the vendors they listed in the quantities that they listed, subject to some business
realities. If the vendor is unable to unwilling to perform, then the contractor needs relief from
that. If the service provided by the vendor is no longer required then the contractor needs to
find another SBE to do some other task to fill the goal. The intent of the waste hauler
contract is that they use the SBEs that they listed in the aroouots they listed to the extent that
is possible, exercising a bonafide effort which is more than a good faith effort
In response to Mayor Taylor, Attorney Mize stated that the Authority Board has a contractual
right to approve a change, to look at it and say, "You haven't worked hard enough to solve
this" or "'We agree that there is no longer any need for that service" or that
Based on the facts that you have told us, the subcontractor is unwilling or unable to perform."
Item: 9.F.l
SWM Facility
Permit Renewal:
D.M.S. Wood Farms
Item: 9.F.2
SWM Facility
Permit Renewal:
Atlas Peat & Soil
Item: 9.F.3
SWM Facility
Permit Renewal:
Aquarius Development
Comments by Staff
Mayor Taylor's Service
Board Comments
SBEs
9
ITEM ffi;o. ...
Page # !1./-lrL
FEBRUARY 12, 2014
Mr. Hammond informed that the Authority has issued a Request for Expression of Interest
(RFEI) on waste import. The data will be coming in around the first of March; staff will
provide a report to the Board in March; and the goal is to present it to the Board for
consideration in April.
RFEI: Waste Import
CONFIRMATION OF MEETING: Wednesday, April9, 2014
MEETING ADJOURNED: 10:25 AM
ATTEST:
Sandra J. Vassalotti, Clerk to the Authority
10
CONFIRMATION OF
MEETING
ADJOURNMENT
ITEM
Page#
0

CITIZENS ADVISORY COMMITTEE
APRIL 2, 2014
1:30 P.M.

PRESENT: Barry Haberman, Chair (At-Large)
Dee Sabers, Vice Chair (At-Large)
Mary J ohnson (District 2)
Ralph Moccia (District 3)
Art Goldzweig (District 5)
Art Cobb (District 7)
Byron Lasseter (At-Large)
Howard Engel (At-Large)

ABSENT: J enny Lee Sayer (District 1)

STAFF: Mark Hammond, Executive Director
Dan Pellowitz, Managing Director
Kathy Levas, Acting Clerk
Paul Dumars, Director Financial Services
Mark Eyeington, Chief Operations Officer
Marc Bruner, Chief Administrative Officer
Ramana Kari, Chief Engineer
J ohn Archambo, Director of CIS/Recycling Services
J im Mize, General Counsel

Chairman Haberman called the Citizens Advisory Committee meeting to order at 1:32 P.M. in the Solid Waste
Authority Auditorium located at 7501 North J og Road, West Palm Beach, Florida.

ROLL CALL

Acting Clerk called the roll and noted a quorum was present.

PLEDGE TO THE FLAG

Mr. Goldzweig led the Pledge of Allegiance to the flag.

Chairman Haberman welcomed the Committees newest member, Arthur Goldzweig, and asked that Staff speak
with Commissioners regarding the two remaining vacant CAC seats.

ELECTION OF OFFICERS

Mr. Haberman opened the floor for nominations.

MOTION BY MS. SABERS TO NOMINATE BARRY HABERMAN AS CITIZENS ADVISORY
COMMITTEE CHAIR. SECONDED BY MR. MOCCIA AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer
absent).

Citizens Advisory Committee Meeting
April 2, 2014
ELECTION OF OFFICERS (continued)

Mr. Haberman recommended Dee Sabers as Vice Chair.

MOTION BY MR. ENGEL TO NOMINATE DEE SABERS AS CITIZENS ADVISORY COMMITTEE
VICE CHAIR. SECONDED BY MR. MOCCIA AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

Mr. Haberman and Ms. Sabers thanked the Committee for its support.

CAC MINUTES: February 5, 2013

MOTION BY MR. LASSETER TO ACCEPT THE CAC MINUTES FROM FEBRUARY 5, 2014, AS
PRESENTED. SECONDED BY MR. ENGEL AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

CONSENT AGENDA

Item 5.a Florida Department of Transportation (FDOT) Adopt-A-Highway Program Litter Removal Agreement
(3.5 Mile Section of SR-7 from Atlantic Boulevard Mile Marker 8.647 North to Mile Post 12.0) adjacent
to SWA Southwest County Transfer Station, West Delray Beach
Item 5.b Agreement for Consulting Engineering Services for Air Quality Regulations between the Solid Waste
Authority of Palm Beach County and Golder Associates, Inc. Amendment No. 1 - Term of Agreement
Extension and Compensation Language Modification
Item 5.c Agreement for Consulting Engineering Services for Landfill Services between the Solid Waste Authority
of Palm Beach County and CDM Smith, Inc. Amendment No. 3 - Term of Agreement Extension and
Compensation Language Modification
Item 5.d Agreement for Consulting Engineering Services for Landfill Gas System Management Services between
the Solid Waste Authority of Palm Beach County and CDM Smith, Inc. Amendment No. 3 - Term of
Item 5.e Agreement for Professional Hydrogeological Consulting Services between the Solid Waste Authority of
Palm Beach County and URS Corporation Southern Amendment No. 1 - Term of Agreement Extension
and Compensation Language Modification
Item 5.f Granting of Utility and Access Easement to Florida Public Utilities Company for Access to Gas Lines
and Related Equipment at the Renewable Energy Campus
Item 5.g Granting of Utility and Access Easement to Florida Power and Light Company for Access to Power
Lines at the Renewable Energy Campus
Item 5.h Renewal of Designated Facility Status for Nu-Way Recycling Corporation

MOTION BY MR. ENGEL TO APPROVE THE CONSENT AGENDA. SECONDED BY MR. LASSETER
AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

NEW BUSINESS

Item 9.A.1: Resolution of Appreciation Norman Littauer
Resolution of Appreciation Milton Brenner
Resolution of Appreciation Harold Ostrow

Mr. Haberman suggested that a Resolution of Appreciation for Howard Downey and Barbara Noble be prepared for
the next meeting.

MOTION BY MR. ENGEL TO APPROVE STAFFS RECOMMENDATION. [Approve Resolutions of
Appreciation 2014-03, 2014-04, and 2014-05 and authorize Chair to execute on behalf of the Board.]
SECONDED BY MS. JOHNSON AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

2
April 2, 2014
NEW BUSINESS (continued)

Mr. Hammond introduced Paul Dumars, Director of Financial Services, sitting in for Charlie Maccarrone, Chief
Financial Officer, in his absence. Charlie Maccarrone will be retiring next month.

Item 9.A.2: Renewable Energy Facility #2

Mr. Hammond clarified that the 2023 projection date to reach 100% capacity is subject to change. Continued growth
in the waste stream could shorten the time period for excess capacity. He explained that the goal of the Board was to
reduce the amount of material going into the landfill and to build for future growth. The excess capacity at this time
could generate additional revenue and reduce the amount of money collected on assessments which means a savings
to both residents and commercial businesses.

MOTION BY MR. LASSETER TO APPROVE STAFFS RECOMMENDATION. [Authorize Authority
Staff to issue a Request for Proposals to entities interested in supplying solid waste material suitable as
supplementary fuel for Renewable Energy Facility #2.] SECONDED BY MR. COBB AND CARRIED WITH
AN 8-0 VOTE (Ms. Sayer absent).

Item 9.E.1: Interlocal Government Agreement with East Central Regional Wastewater Treatment
Facilities Operation Board Regarding the Expiration of Sludge Disposal Services

Mr. Kari stated that in 1994, the Solid Waste Authority entered into a Compost Agreement with the City of West
Palm Beach as agent for the East Central Regional Wastewater Treatment Facilities Operation Board (ECR) for the
disposal of sludge produced at the ECR and a portion of vegetation from Palm Beach County. This agreement
expires September 30, 2014. Although the Compost Facility worked well, it was not cost effective and ECR has
been advised that the Solid Waste Authority will not be renewing the contract.

Since the responsibility for handling the disposal of septage lies with the Authority, an agreement was negotiated
with ECR wherein ECR will continue to dispose of County septage in return for a one-time payment of $2M toward
the cost of the design and construction of a new septage receiving facility at ECR.

Mr. Mize explained that as long as the wastewater facility is at the ECR facility, ECR and/or its Successors will
handle the septage that was the responsibility of the Authority.

MOTION BY MR. MOCCIA TO APPROVE STAFFS RECOMMENDATION. [Authorize the Executive
Director to execute an Interlocal Government Agreement regarding the Expiration of Sludge Disposal
Services between the Solid Waste Authority of Palm Beach County and East Central Regional Wastewater
Treatment Facilities Operation Board providing for the expiration of the current Sludge Disposal Agreement
and the continued treatment and disposal of septage waste subject to Legal Counsel review and approval.]
SECONDED BY MR. ENGEL AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

Item 9.E.2: Recovered Materials Processing Facility Amended and Restated Operations and

Mr. Kari stated that about a year ago, a deterioration in the quality of incoming fiber at the Recovered Materials
Processing Facility was noticed. Since the incoming quality of fiber directly impacts the quality of the outbound
fiber, a request was made for a change to the operating agreement for a 12-month Cure Period to monitor and
evaluate specific operation recommendations without impacting revenues, keeping up the same production rates, and
maintaining staff levels during this period.

3
April 2, 2014

Item 9.E.2: Recovered Materials Processing Facility Amended and Restated Operations and

Mr. Bruner explained that contamination at the curb will be handled with a public media Recycling Right campaign
to help keep materials separate. Haulers are being audited as well to ensure containers are not being mixed with
paper during pick up. Even the transfer stations are being looked at to monitor how the process is being handled
there.

Mr. Pellowitz pointed out that although the Authority has not for some time been able to provide #8 news grade
fiber as specified for in the contract, the Operator will produce the Authoritys own brand of fiber, which is
essentially the same, at the #8 news price under the contract during the Cure Period while an assessment of the
facility is made to see if modifications may be necessary.

Mr. Bruner said the Authority works closely with the Cities providing bins, promoting multi-family community
recycling, providing small business drop-off areas, and offering a revenue share program where Citys get a share of
the revenue from the materials they have delivered.

Mr. Pellowitz said the Authoritys Customer Service Department works with the haulers on a daily basis to keep
them aware of any issues that come up. The Authority relies on the quality of its products to ensure the material is
sold at top dollar in every market.

MOTION BY MR. COBB TO APPROVE STAFFS RECOMMENDATION. [Authorize the Executive
Director to execute Amendment #2 to the Agreement for Amended and Restated Operations and
Maintenance for Recovered Materials Processing Facility between the Solid Waste Authority of Palm Beach
County and FCR Florida, LLC providing for alternate paper production specifications as detailed therein
subject to Legal Counsel review and approval.] SECONDED BY MR. ENGEL AND CARRIED WITH AN 8-
0 VOTE (Ms. Sayer absent).

Item 9.F.1: Solid Waste Management Facility Permit: Action Enterprises, LLC

Mr. Bruner explained that this is a new permit for a vegetative and land clearing recycling facility in the Glades
being built on a piece of property in Pahokee. The application process has been completed. The necessary approvals
from the Department of Environmental Protection have been obtained. The Authority has checked with the City of
Pahokee for proper approval and solicited comments from the appropriate regulatory agencies. Recommendation is
for a one year permit.

MOTION BY MR. LASSETER TO APPROVE STAFFS RECOMMENDATION [Authorize issuance of
Operating Permit # AE 0077 YT14 to Action Enterprises, LLC for a Yard/Trash Vegetative Land Clearing
Recycling Facility for a period of one (1) year.] SECONDED BY MR.COBB AND CARRIED WITH AN 8-0
VOTE (Ms. Sayer absent).

Item 9.G.1: Bonus Program Report 2012/13 FY

Based on criteria that was established over 20 years ago as part of the Reinventing Government Program, Mr.
Hammond reported that employees qualify for a bonus. Maximum bonus set at 3% deducted by employee
recognition programs used during the year for a 2.68% bonus. Last year Staff recommended a 3% across the board
raise for employees in lieu of the bonus. The Bonus Program is typically a separate program and raises will be a
part of the budget process for next year.

4
April 2, 2014

Item 9.G.1: Bonus Program Report 2012/13 FY

Rate Level Maintenance: Ensures the budget maintains specific rates without yearly increases in assessments.
Tonnage Guarantee: Guarantees the amount of waste going into the Renewable Energy Facility and not the
landfill. Tonnage was up 4% in garbage/trash and 16% in vegetation.
Savings: Guarantees savings. $9.5M of savings in the budget.

Mr. Dumars said the majority of the savings were found in three areas: Personal Services, Contractual Services, and
Other Operating Expenses.

Mr. Hammond explained that as a part of this program, the Board also established the Executive Directors
Discretionary Fund in an amount not to exceed $500,000 to be used to benefit employees such as by improving
working conditions.

MOTION BY MR. GOLDZWEIG TO APPROVE STAFFS RECOMMENDATION. [Award an Employee
Bonus of 2.68% and Replenish the Executive Directors Discretionary Fund.] SECONDED BY MR.
MOCCIA AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

Item 9.G.2: Contract for Financial Advisory Services

Mr. Dumars explained that instead of going through the procurement process to select a financial advisor, the
Authority would like to piggyback the Countys contract. The contract would include a $1,500 fixed monthly fee
covering the need for general assistance.

MOTION BY MR. ENGEL TO APPROVE STAFFS RECOMMENDATION. [Approve the Contract with
Public Financial Management, Inc. (PFM) for Financial Advisory Services.] SECONDED BY MS.
JOHNSON AND CARRIED WITH AN 8-0 VOTE (Ms. Sayer absent).

COMMENTS BY CAC

Mr. Lasseter: Welcomed new members.

Ms. Johnson: Thanked Staff for all their hard work.

Ms. Sabers: Thanked J ohn Archambo for the attention given to the situation experienced in her community.

Mr. Engel: Thanked the CAC for electing Barry Haberman and Dee Sabers to run the Committee.

Mr. Goldzweig: Thrilled to be on the CAC and look forward to a long relationship.

Mr. Haberman: Thanked Staff for presenting Mr. J ames Cassell with a proclamation and for their direction and
guidance.
Welcomed Mr. Dumars.
Welcomed back Mr. Lasseter and Mr. Moccia both of whom missed the last meeting.

Mr. Archambo presented the proclamation to Mr. Cassell at Waste Management with the General Manager and
others involved. Pictures were taken. A picture has been requested and when it is received, it will be forwarded to
Mr. Haberman. Mr. Cassell was very appreciative of the recognition.

Mr. Hammond extended an opportunity to the newest CAC member, Art Goldzweig, to tour the facilities and
opened the opportunity to all members to take the tour again and get an update on the new facility.

5
April 2, 2014

CONFIRMATION OF NEXT MEETING: J une 4, 2014 at 1:30 pm

MEETING ADJOURNED: 2:41 P.M.

ATTEST: _____________________________________
Barry J . Haberman, Chair

_____________________________________
Kathleen A. Levas, Acting Authority Clerk

6
April 2, 2014

MEMBER DIST. 06/2013 08/2013 10/2013 02/2014 04/2014 ABSENT
J. Sayer #1 A P P P A 2
M. Johnson #2 n/a n/a Open P P 0
R. Moccia #3 A P P A P 2
Open 04/2014 #4 n/a n/a n/a n/a Open --
A. Goldzweig #5 Open Open Open Open P 0
Open 04/2014 #6 n/a n/a n/a n/a Open --
A. Cobb #7 P P P P P 0
B. Lasseter AL P P P A P 1
H. Engel AL Open Open Open P P 0
D. Sabers AL P P P P P 0
B. Haberman AL P P P P P 0

Next scheduled meetings:

J une 4, 2014
August 13, 2014
October 1, 2013

7
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PART.\IER FOR
SOLID W:\STE SOLUTIONS
March 18, 2014
and Solid Waste Authority Board Members
Florida Department of Transportation (FOOT) Adopt-A-
Highway Program Litter Removal Agreement (3.5 Mile
Section of SR-7 from Atlantic Boulevard Mile Marker 8.647
North to Mile Post 12.0) adjacent to SWA Southwest County
Transfer Station, West Delray Beach
Receive and file.
The Solid Waste Authority recently extended its litter removal agreement with the
Florida Department of Transportation (FOOT) adopting a 3.5 mile portion of SR-7
extending from Atlantic Boulevard Mile Marker 8.647 north to Mile Post 12.0. This
section of roadway fronts the Authority's Southwest County Transfer Station located in
West Delray Beach. The Authority initially adopted this portion of roadway in January
2012 and has been an active participant ensuring that litter is removed on a regular
basis.
Under the terms of this agreement, the Authority is required to remove litter from the
adopted portion of roadway on a quarterly basis. The Authority's participation in this
program is consistent with other Authority programs encouraging environmental
awareness such as Keep Palm Beach Beautiful and the Authority's Neighborhood
Cleanup Program. We are proud to be a participant in this program which assists in
keeping our roadways clean of litter.
BUDGET IMPACT: Sufficient funding is available
provide this service.
in the 2013/2014 budget to
ITEM S.A
Page#*
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400
March 18, 2014
Page 2
ATTACHMENTS: Exhibit A: SWA Litter and Beautification Programs
Exhibit B: FOOT Letters Extending Agreement
REVIEWS:
Director: cfi!.:;;;t
Chief Officer: =fJ{)--
Chief Officer:/? (}
(as reqwred)
71.
Legal Counsel:
(as required)
Executive Director:
Date:
Date:
Date:
Date:
Date:
Date:
[w1y
I I

I
(l<Y

EXHIBIT A
SWA Litter Abatement and Beautification Programs
Jog Road (45
1
h Street to Beeline Highway) Litter Removal
Originally adopted through the County program. The road is patrolled daily and litter removed
along the entire road section.
Beeline Highway (Northlake to Haverhill)
SWA has adopted this portion of roadway through the FOOT Adopt-A-Highway program. This
road is patrolled routinely. Under this agreement SWA is not allowed in road median. Originally
adopted in November 1994.
l-95/45
1
h Street Interchange

SWA has adopted through the FOOT Adopt-A-Road program. SWA removes litter on a routine
basis. Originally Adopted: May 1999
45
1
h Street to Haverhill Road
Roads are patrolled daily and litter removed.
SWA Transfer Facilities (5 throughout County)
Each SWA facility is tasked with ensuring all roads in the immediate vicinity of the transfer
facilities are patrolled daily and all litter is removed as needed.
SWA Inspections of Tractor/Trailers
Operationally, staff has taken proactive steps towards litter prevention. Inspections of all SWA
tractor/trailers are conducted routinely to ensure walking floors and tarps are in good repair
mitigating the potential for spillage of debris on our roadways. Supervisors conduct weekly
inspections on tractor/trailers to document overall appearance, condition of floor slats and tarps.
Drivers are responsible for pre-trip inspections prior to every departing load.
SWA Adopt-A-Spot/Litter Abatement/Beautification Program
In-house program whereby the Authority utilizes volunteers for the purpose of beautifying an
identified area and/or picking up litter in an identified area a minimum of four times per year.
Keep Palm Beach County Beautiful
The mission of this organization is to improve the quality of life in Palm Beach County through
litter prevention education, beautification efforts and environmental stewardship. SWA is the
primary sponsor for the efforts of this non-profit organization through an agreement. SWA and
its Adopt-A-Spot groups also continue to be active participants in KPBCB programs such as the
Florida Coastal Cleanup and the Great American Cleanup.
Palm Beach County Sheriff's Office (PBSC)
SWA contracts with PBSO periodically to have a presence at our North County Solid Waste
Facility. They write tickets to offenders if needed.
SWA Tipping Fee Structure
SWA charges additional fees to waste vehicles that arrive at our facilities with an unsecured
load.
Adoption of 1-95/Linton Boulevard Interchange :Originally Adopted 2007
Adoption of 1-95/Lantana Road Interchange: Originally Adopted 2007
ITEM S.A
P a g e ~
Florida Department of Transportation
RICK SCOTT
GOVENOR
February 24, 2014
Mark Eyeingtan,
Solid Waste Authority
7501 N. Jog Road
West Palm Beach, FL ~ 3 4 2
Dear Mark,
Palm llead! Dpuallan Center
Florida Adopt -A-Highway Prot}ITJm
79CtJ Forest Hilf Blvd
1
West Plllm Beach,. FL 33413
Phone: 561-432-4966 ot I-865-834-6169
ANANTli PRASAD. P .E.
SECRETARY
This letter confirms a twa (2} year extension to your existing Adapt-A-Highway Utter Removal
Agreement Your section is: SR 7/ US 441fram Atlantic Avenue to Bob West Road. We ore delighted
that you have chosen to continue in the Adopt-A-Highway Program. It is through the efforts of groups
like yours that has made our program become such o huge success.
Your Litter Removal Agreements will now expire on January 30, 2016. As always feel free ta can tact me
on my direct Tine at 561-370-1178 (if I am nat at my desk, please leave a message) or by e-mail at:
mary.houqhtalinq@dotstate.tf.us. My hours are Monday through Thursday from 7:00am to 5:30pm.
If you would like, after your clean-ups, you may start sending your Litter Removal forms to me by e-mail
and the Renewal Litter Removal Agreement you sign.
Again thank you for your active partidpation in the Adopt-A-Highway Program.
Sincerely,
.Mary .uu .:HOU!Jiitafmg
Mary Lou Houghtaling,
Engineering Support Technidan
CC: My files
Larry Waf/ace
Steven Liner
Florida Department of Transportation
RICK SCOTT
GOVENOR
February 24, 2014
Mark Eyeington,
7501 N. Jog Road
West Palm Beach, FL 33412
Dear Mark,
Palm Beach Operation Center
Florida Program
7900 Forest HiH Blvd. West Palm Beach, FL 33413
Phone: 561432-4966 or 1-865-834-6169
ANANTH PRASAD. P.E.
SECRETARY
This letter confirms a two (2) year extension to your existing Adopt-A-Highway Utter Removal
Agreement. Your section is: SR 7 I US 441 from Bob West Rood going north to mile past 12.000. We are
delighted that you have chosen to continue in the Adapt-A-Highway Program. It is through the efforts of
groups like yours that has made our program become such a huge success.
Your Litter Removal Agreements will now expire on January 30, 2016. As always feel free to contact me
on my direct line at 561-370-1178 (if I am not at my desk, please leave a message) or by e-mail at:
mary.houqhtalinq@dot.state.f/.us. My hours are Monday through Thursday from 7:00am to 5:30pm.
If you would like, after your clean-ups, you may start sending your Utter Removal forms to me by e-mail
and the Renewal Litter Removal Agreement you sign.
Again thank you for your active participation in the Adopt-A-Highway Program.
Sincerely,
:Mary ou .:J/oug!italing
Mary Lou Houghtaling,
Engineering Support Technician
CC: My files
Larry Wallace
Steven Liner
ITEM ....!'l!si!.!.. g._.,

MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER H1R
SOLJD \V;\STE SOLCT!O)\(S
March 18, 2014
Agreement for Consulting Engineering Services for Air Quality
Regulations between the Solid Waste Authority of Palm Beach
County and Golder Associates, Inc. Amendment No. 1 -Term
of Agreement Extension and Compensation Language Modifi-
cation
Authorize the Executive Director to execute Amendment
No. 1 to the Agreement for Consulting Engineering
Services for Air Quality Regulations between the Solid
Waste Authority of Palm Beach County and Golder
Associates, Inc. extending the Term of the Agreement for
three (3) years and modifying compensation language as
provided for in the Agreement subject to Legal Counsel
review and approval.
The Authority entered into a contract in July of 2011 with Golder Associates, Inc. for
professional consulting services associated with air quality regulations. The contract
included an option to extend the agreement for an additional three (3) year period. The
Authority would like to exercise that option.
Staff recommends execution of an extension to Agreement No. 11-227 for a period of
three (3) years effective July 26, 2014, along with a compensation language modification
as provided for in the current Agreement subject to Legal Counsel review and approval.

7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400 rc ;h ,,,,,,,
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Legal Counsel:
(as required)
Executive Director:
$25,000 Annually
March 18, 2014
Page 2
Contract Amendment
Date: ______,..3.L+L/t-llf--'sj;.'-f-y __
Date: ----=-0-"--13 /--"".!$+'-! !V+----
Date: __ .5-t-(_z""-1/--'-tf ___ _
ITEM 5.8
Page # _aj.JL
AMENDMENTMTOTHEAGREEMENTFOR
CONSULTING ENGINEERING SERVICES FOR AIR QUALITY REGULATIONS
BETWEEN SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND GOLDER ASSOCIATES, INC
DATED THE 26TH DAY OF JULY, 20]]
This First Amendment, dated the 26th day of July, 2014, to the Agreement for the above written services,
Agreement No. 11-227, between the Solid Waste Authority of Palm Beach County (hereinafter referred to as
AUTHORITY), and Golder Associates, Inc.(hereinafter referred to as CONSULTANT).
Whereas, both parties desire to extend the term of the Agreement, and revise Section 5.5; and,
Whereas, AUTHORITY, desires CONSULTANT to continue to perform the services as may be specifically
designated and authorized by the AUTHORITY; and,
Now, therefore, in consideration of the foregoing and the mutual promises and covenants contained herein, and
other good and valuable consideration, the parties hereto agree as follows:
In accordance with Section 4.1 - Term of Service, tbe AUTHORITY and CONSULTANT
mutually agree to extend the Agreement for the above written services for a term of three (3)
years effective July 26, 2014 through July 25, 2017.
In accordance with Section 7.21 - Entirety of Contractual Agreement, the AUTHORITY and
CONSULTANT mutually agree to revise Section 5.5, page 12 in its entirety and replace it with
the attached revised page 12.
All other provisions of the Agreement for the services as written above dated the 26th of July 2011, shall remain
in full force and effect and shall not be altered, amended or rescinded except as provided herein.
In Witness Whereof, the Executive Director of the AUTHORITY has made and executed this Amendment on
behalf of the Solid Waste Authority of Palm Beach County and Golder Associates, Inc. has executed this
Amendment as of the day and year above written.
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY:
Witness:
1. ----------------------------
2. ----------------------------
Approved as to Form and Legal Sufficiency:
By: ~ ~ ~ ~ ~ ~ ~
General Counsel to the Authority
Attest:
Corporate Secretary
Witness:
1. ----------------------------
2. ----------------------------
Approved by Authority Board on Apri/9, 2014, Item 5._
By:
Mark Hammond
Executive Director
GOLDER ASSOCIATES, INC.:
By:
Name:
Title:
Signature
(Corporate Seal)
ITEM s. S .. --
Page # .3.J!L
proposal including the estimated labor hours, labor rates, subcontractual services, out of pocket
expenses and other related costs supporting the proposed work. Fixed price contracts shall
include all services including labor, reimbursable, overhead and profit as part of the fixed price.
5.4 Computation of Time Charges/Not to Exceed Method of Payment: When a service is to
be compensated for on a time charge/not to exceed basis, the CONSULT ANT will submit a not
to exceed budget to the AUTHORITY for prior approval based on estimated labor hours and
labor rates which shall not exceed established hourly rates as shown in Exhibit B attached hereto,
plus subcontractual services, out of pocket expenses and other related costs supporting the
proposed work. The AUTHORITY shall not be obligated to reimburse the CONSULTANT for
costs incurred in excess of the total not to exceed cost amount.
5.5 The AUTHORITY agrees to pay the CONSULTANT compensation based upon the
actual hourly raw labor rates for services rendered by personnel directly engaged on
AUTHORITY projects, multiplied by an audited overhead factor plus a negotiated profit of I 0%
to arrive at the final multiplier. The labor rates, overhead and profit factors may be subject to
audit. Documentation acceptable to the AUTHORITY establishing the actual raw labor rates
must be supplied armually. The Fiscal Year 2014 established loaded hourly labor rates as set
forth in Exhibit B is attached hereto and made a part hereof. Exhibit B may be adjusted armually
to reflect any changes in CONSULTANT staff status and the actual raw labor rates. The
CONSULT ANT will also provide, on an armual basis, a report of an independent certified public
accountant on statement of Direct Labor, Fringe Benefits and General Overhead. The final
multiplier may be adjusted armually in accordance with the audit report and the loaded hourly
labor rates may be adjusted armually in accordance with the documentation provided by
CONSULTANT establishing the actual raw labor rates as deemed acceptable by the
AUTHORITY.
5.6 The Maximum Hourly Compensation will not exceed $225.00, unless approved by the
AUTHORITY.
5. 7 Compensation for subcontractors will be negotiated on a per consultant services
authorization basis. Compensation will be through either a direct mark-up or through the addition
of time for the management effort required for any approved sub-consultant. Subcontractual
services shall be approved by the AUTHORITY in writing prior to performance of the
subcontractual work. Consulting time for processing and management of the sub-consultant
shall not be included in direct costs if a direct mark-up is applied for management efforts.
5.8 "Out-of-pocket" expenses will be reimbursed up to the not-to-exceed amount identified
on each CSA. "Out-of-pocket" expenses mean the actual expenses expected to be incurred by the
CONSULTANT or CONSULTANT'S independent professional associates directly or indirectly
in connection with the work. All reimbursable expenses will be estimated up front at the time of
negotiating each CSA. All requests for payment of "out-of pocket" expenses eligible for
reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or
other documentation acceptable to the AUTHORITY Finance Department. Such documentation
shall be sufficient to establish that the expense was actually incurred and necessary in the
performance of the Scope of Work described in each CSA. Any travel, per diem, mileage,
meals, or lodging expenses which may be reimbursable under the terms of this Contract will be
paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes.
ITEM S . S ~
Agreement No. 11-227, Amendment No. 1 12
Page # .. 7/26/14
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR P/\RTJ\'ER FOR
SOJJD WASTE SOLUTIONS
March 18,2014
Agreement for Consulting Engineering Services for Landfill
County and COM Smith, Inc. Amendment No. 3 -Term of
Agreement Extension and Compensation Language Modifi-
cation
Services for Landfill Services between the Solid Waste
Authority of Palm Beach County and COM Smith, Inc.
extending the Term of the Agreement for three (3) years
and modifying compensation language as provided for in
the Agreement subject to Legal Counsel review and
approval.
The Authority entered into a contract in June of 2011 with COM Smith, Inc. for professional
consulting services associated with landfill engineering services. The contract included an
option to extend the agreement for an additional three (3) year period. The Authority would
like to exercise that option ..
three (3) years effective June 8, 2014, along with a compensation language modification
ITEM S.c
P a g e ~
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 6403400
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
$50,000 Annually
March 18, 2014
Page2
Contract Amendment
Date: ___ _
Date:
V
4
{_._1 ti------
Bate: __ __ _
Date: .::!Cq.....- __ _

ITtM S.c
Page # ..

CONSULTING ENGINEERING SERVICES FOR LANDFILL SERVICES BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND CDM SMITH, INC.
DATED THE 8TH DAY OF JUNE, 20II
This Third Amendment, dated the 8th day of June, 2014, to the Agreement for the above written services,
AUTHORITY), and CDM Smith, Inc.(hereinafter referred to as CONSULTANT).
In accordance with Section 4.1 - Term of Service, the AUTHORITY and CONSULTANT
years effective June 8, 2014 through June 7, 2017.
All other provisions of the Agreement for the services as written above dated the 8th of June 2011, shall remain
behalf of the Solid Waste Authority of Palm Beach County and CDM Smith, Inc. has executed this Amendment
as of the day and year above written.
Witness:
1. ---------------------------
2. ----------------------------
By: ____
Attest:
Corporate Secretary
Witness:
1. ----------------------------
2. ----------------------------
Approved by Authority Board onApri/9, 2014, Item 5._
By:
Mark Hammond
Executive Director
CDM SMITH, INC.:
By:
Name:
Title:
Signature
(Corporate Seal)
ITEM ..
Page#-*
AUTHORITY projects, multiplied by an audited overhead factor plus a negotiated profit of I 0%
must be supplied annually. The Fiscal Year 2014 established loaded hourly labor rates as set
forth in Exhibit B is attached hereto and made a part hereof. Exhibit B may be adjusted annually
CONSULTANT will also provide, on an annual basis, a report of an independent certified public
multiplier may be adjusted annually in accordance with the audit report and the loaded hourly
labor rates may be adjusted annually in accordance with the documentation provided by
CONSULT ANT establishing the actual raw labor rates as deemed acceptable by the
AUTHORITY.
AUTHORITY.
authorization basis. Compensation will be through either a direct mark -up or through the addition
reimbursement under the tenns of the Contract shall include copies of paid receipts, invoices, or
Agreement No. 11-228, Amendment No.3 12
ITEM S.C. .
Page # !ljC.ised.- 6/s;u
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOl iR PARTNER FOR
SOUD WASTF SOUIT!Ol'\S
March 18, 2014
Agreement for Consulting Engineering Services for Landfill
Gas System Management Services between the Solid Waste
Authority of Palm Beach County and CDM Smith, Inc.
Amendment No. 3 -Term of Agreement Extension and Com-
pensation Language Modification
Services for Landfill Gas System Management Services
between the Solid Waste Authority of Palm Beach County
and COM Smith, Inc. extending the Term of the Agreement
for three (3) years and modifying compensation language
as provided for in the Agreement subject to Legal
The Authority entered into a contract in June of 2011 with CDM Smith, Inc. for professional
consulting services associated with landfill gas management services. The contract
included an option to extend the agreement for an additional three (3) year period. The
Authority would like to exercise that option.
ITEM s.o
Page#J./-L
March 18, 2014
Page2
BUDGET IMPACT: $25,000 Annually
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
Contract Amendment

Date: 3l1k \

ITEM .S. t>;
Page#*
AMENDMENT#3 TO THE AGREEMENT FOR
CONSULTING ENGINEERING SERVICES FOR
LANDFILL GAS SYSTEM MANAGEMENT SERVICES BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND CDM SMITH, INC.
DATED THE 8TH DAY OF JUNE, 2011
This Third Amendment, dated the 8th day of June, 2014, to the Agreement for the above written services,
AUTHORITY), and CDM Smith, Inc.(hereinafter referred to as CONSULTANT).
Whereas, AUTHORITY, desires CONSULTANT to continue to perform the services as may he specifically
Now, therefore, inconsideration of the foregoing and the mutual promises and covenants contained herein, and
All other provisions of the Agreement for the services as written above dated the 8th of June 2011, shall remain
behalf of the Solid Waste Authority of Palm Beach County and CDM Smith, Inc. has executed this Amendment
as of the day and year above written.
Witness:
1. -------------------------
2.
By: __
Attest:
Corporate Secretary
Witness:
1.
2. ----------------------------
Approved by Authority Board onApri/9, 2014, Item 5._
By:
Mark Hammond
Executive Director
CDM SMITH, INC.:
By:
Signature
(Corporate Seal)
Name:
Title:
ITEM
Page# ....,..-A-w
AUTHORITY projects, multiplied by an audited overhead factor plus a negotiated profit of 10%
. audit. Documentation acceptable to the AUTHORITY establishing the actual raw labor rates
must be supplied annually. The Fiscal Year 2014 established loaded hourly labor rates as set
forth in Exhibit B is attached hereto and made a part hereof. Exhibit B may be adjusted annually
CONSULT ANT will also provide, on an annual basis, a report of an independent certified public
multiplier may be adjusted annually in accordance with the audit report and the loaded hourly
labor rates may be adjusted annually in accordance with the documentation provided by
AUTHORITY.
AUTHORITY.
Agreement No. 11-229, Amendment No. 3 12
ITEM _.S:D , ,
Page# s e d 618114
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER fOR
SOUD WASTE SCJLljTJONS
Vice Mayor Paulette Burdick, Chair .
March 18, 2014
Agreement for Professional Hydrogeological Consulting
County and URS Corporation Southern Amendment No. 1 -
Term of Agreement Extension and Compensation Language
Modification
No. 1 to the Agreement for Professional Hydrogeological
Consulting Services between the Solid Waste Authority of
Palm Beach County and URS Corporation Southern
extending the Term of the Agreement for three (3) years
and modifying compensation language as provided for in
the Agreement subject to Legal Counsel review and
approval.
The Authority entered into a contract in June of 2011 with URS Corporation Southern for
professional consulting services associated with professional hydrogeological consulting
services. The contract included an option to extend the agreement for an additional three
(3) year period. The Authority would like to exercise that option.
ITEM S.E .
P a g e ~
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
$25,000 Annually
March 18, 2014
Page2
Contract Amendment
Date:
Date:
Date:
, Date:
, Date:

S/Lt/t'l
o?>/tt/tt
3/z.;:,t;f'
"6 ( ?A{c 1(..--

I

ITEM ,5. . .,

AMENDMENT#] TO THE AGREEMENT FOR
PROFESSJONALBTDROGEOLOGICALCONSULTJNGSERVICESBETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND URS CORPORATION SOUTHERN
DATED THE 29TH DAY OF JUNE, 2011
This First Amendment, dated the 29th day of June, 2014, to the Agreement for the above written services,
AUTHORITY), and URS Corporation Southern (hereinafter referred to as CONSULTANT).
In accordance with Section 7.21 -Entirety of Contractual Agreement, the AUTHORITY and
CONSULT ANT mutually agree to revise Section 5.5, page 12 in its entirety and replace it with
All other provisions of the Agreement for the services as written above dated the 29th of June, 2011, shall
remain in full force and effect and shall not be altered, amended or rescinded except as provided herein.
ln Witness Whereof, the Executive Director of the AUTHORITY has made and executed this Amendment on
behalf of the Solid Waste Authority of Palm Beach County and URS Corporation Southern has executed this
Amendment as of the day and year above written.
Witness:
1. __________________________ __
2. __________________________ __
By: __ -----:::-------:c:::----;----:---:--;--:----
Attest:
Corporate Secretary
Witness:
1. ______________________ ___
2. ________________________ _
Approved by Authority Board on Apri/9, 2014, Item 5._
By:
Mark Hanunond
Executive Director
URS CORPORATION SOUTHERN:
By:
Signature
(Corporate Seal)
Name:
Title:
be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not
AUTHORITY projects, multiplied by an audited overhead factor plus a negotiated profit of 10%
must be supplied armually. The Fiscal Year 2014 established loaded hourly labor rates as set
forth in Exhibit B is attached hereto and made a part hereof. Exhibit B may be adjusted armually
CONSULT ANT will also provide, on an armual basis, a report of an independent certified public
multiplier may be adjusted armually in accordance with the audit report and the loaded hourly
labor rates may be adjusted armually in accordance with the documentation provided by
AUTHORITY.
AUTHORITY.
AgreementNo.ll-22l,AmendmentNo. I 12
s.E
ITEM '?:tnti!Jd .. 6/29/14
Page# !lj_"L.
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
March 18, 2014
Granting of Utility and Access Easement to Florida Public
Utilities Company for Access to Gas Lines and Related
Equipment at the Renewable Energy Campus
Authorize the Executive Director to execute the attached
granting access to the Florida Public Utilities Company
for the purposes of monitoring and repair of gas supply
lines and related equipment.
As part of the final completion process for the Palm Beach Renewable Energy Facility #2,
the Authority is required to provide an easement to Florida Public Utilities Company for the
monitoring and repair of gas supply lines and related equipment installed at the new
facility.
Authority staff recommends granting of the attached easement.
BUDGET IMPACT: None.
ATTACHMENTS: Utility Easement Form
Legal Description and Sketch
ITEM s.,:
Page #Jj.L
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
March 18, 2014
Page2
Date:
Date:
Date:
Date:
Date:
'

,/t
V31lg /I If
'G{?co(c "---

[ I
:sblk9
7
ITEM . .-.
Page #.J4t.-
Prepared by.
Calvin Favors
Florida Public Utilities Company
1641 Worthingtnn Road, Suite 220
West Palm Florida 33409
UTILITY EASEMENT
FOR AND IN CONSIDERATION of the mutual benefits, covenants and conditions contained herein
SOUD WASTE AUTHORITY OF PALM BEACH COUNTY, FLORIDA, 7501 North Jog Road, West Palm Beach,
Florida 33412, their successors and assigns ("GRANTOR"} hereby grants and conveys to FLORIDA
. PUBLIC UTILITIES COMPANY ("GRANTEE"}, 1641 Worthington Head, Suite 220, West Palm Beach, Florida
33409, a 20 foot x 20 foot easement to lay, construct, install, operate, maintain, repair and remove, in
perpetuity, or until the use thereof is abandoned, an above ground pressure regulating station, underground
and aboveground pipelines and related appurtenances for natural gas (the "FACILITIES"} in the
following described "Easement Area" within GRANTOR'S premises in Palm Beach County, Florida:
See Exhibit A- attached
The rights herein granted to GRANTEE by GRANTOR include such rights and privileges as are
reasonably necessary for GRANTEE'S safe and efficient construction, installation, operation, maintenance,
repair and removal of the FACILITIES and for the enjoyment and use of the Easement Area for the purposes
described above. Specifically, GRANTEE shall have the right to (a} inspect, alter, improve, repair, rebuild,
relocate, and remove the FACILITIES; and, (b) clear the Easement Area, of trees, limbs, undergrowth, and
other physical objects which, in the opinion of GRANTEE, endanger or with the safe and efficient
installation, operation, maintenance, repair, or removal of the FACILITIES. GRANTEE shall make no use of the
Easement Area except as expressly set forth herein.
Upon completion of the initial installation or any subsequent alteration, repair, maintenance,
replacemeot or removal of the FACILITIES or any portion thereof, GRANTEE shall restore GRANTOR'S
premises and permitted improvements as nearly as reasonably possible to the condition in which they existed
immediately prior to the commencement of such work.
GRANTOR hereby covenants and agrees that no buildings, structures, or obstacles, except fences,
shall be located, constructed, excavated, or created within the Easement Area. If fences are installed, they
shall be placed so as to allow ready access to the FACILITIES. The Grantor agrees to comply with
Florida Statutes 556.105 before any shall be commenced in the easement area.
GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to
the premises in which the Easement Area is located, (b) that GRANTOR has full right and lawful authority to
grant and convey this easement to GRANTEE, and (c) that neither GRANTOR nor GRANTOR'S agents or
employees shall interfere with GRANTEE'S quiet and peaceful nonexclusive use, and enjoyment of
this easement
IN WITNESS WHEREOF, the GRANTOR has executed this Utility Easement in manner and form
sufficient to bind it as of the ___ day of 20 ___ .
Signed, sealed, and delivered
in the presence of:
Witness [typed name]
Wrtness [typed name]
STATE OF FLORIDA
COUNTY OF [county name] }
GRANTOR:
Solid Waste Authority of Palm Beach
County, Florida
[typed name of signer]
[title of signer]
BEFORE ME personally appeared , to me well known and known to
me to be the person described in and who executed the foregoing instrument, and acknowledged
to and before me that executed said instrument for the purposes therein expressed.
WITNESS my hand andofficia! seal, this __ _
Notary Public
State of Florida at Large
My commission expires:
day of ______ ,, 20 ___ .
ITEM I ,

IN WITNESS WHEREOF, the GRANTOR has executed this Utility Easement in manner and form
sufficient to bind it as of the ___ day of , 20 ___ .
Signed, sealed, and delivered
in the presence of:
Witness {typed name]
Witness {typed name]
STATE OF FLORIDA
COUNTY OF [county name))
GRANTEE:
Florida Public Utilities Company
[typed name of signer]
[title of signer]
BEFORE ME personally appeared to me well known and knoWn to
me to be the person described in and who executed the foregoing instrument, and acknOwledged
to and before me that ___ executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this ___ _
Notary Public
State of Florida at Large
My commission expires:
day of ______ , 20 __ _
ITEM s.F .
P a g e ~
r
LEGAL DESCRIPTION
A UTILITY EASEMENT SITU A TIE IN A PORTION OF T11E NORT11 HALF OF SECTION
34, TOWNSHIP 42 SOUT11, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,
BEINGA PORTION OF PARCEL 1, SOLID WASTIE AUT110RITY OF PALM BEACH
COUNTY NORTH COUNTY LANDFILL AS SHOWN ON A CONTROL SURVEY
PREPARED BY GREENHORNE AND O'MARA, INC., DRAWING NUMBER
180289.NUF.6250.000, DATIED 12-04-09, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT T11E WEST ONE QUARTIER (W 1/4) CORNER OF T11E NORTH
HALF OF SECTION 3, TOWNSHIP 43 SOUT11, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA; THENCE, ALONG THE SOUT11 LINE OF SAID NORTH HALF
OF SECTION 3, SOUT11 88'33'36" EAST, A DISTANCE OF 2519.82 FEET TO A
POINT ON THE WEST RIGHT-OF-WAY LINE OF JOG ROAD, AS RECORDED IN
OFFICIAL RECORDS BOOK 6499, PAGE 2 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; T11ENCE ALONG SAID WEST RIGHT-OF-WAY LINE,
NORT11 01"26'24" EAST, A DISTANCE OF 570.00 FEET; THENCE NORT11 43"33'36"
WIEST, A DISTANCE OF 42.43 FEET; T11ENCE NORT11 01"26'24" EAST, A DISTANCE
WIEST PALM BEACH, FLORIDA
LOCATION MAP
N. T.S.
OF 120.00 FEET; T11ENCE NORTH 46"26'24" EAST, A DISTANCE OF 42.43 FEET; T11ENCE NORT11 01"26'24" EAST,
A DISTANCE OF 1375.34 FEET TO T11E POINT OF CURVATURE OF A CURVE CONCAVE TO T11E EAST HAVING A
RADIUS OF 1969.86 FEET; T11ENCE NORT11ERL Y ALONG T11E ARC OF SAID CURVE T11ROUGH A CENTRAL ANGLE
OF 17'00'13", A DISTANCE OF 584.59 FEET TO T11E POINT OF TANGENCY; T11ENCE NORT11 18'26'37" EAST, A
DISTANCE OF 934.88 FEET TO T11E POINT OF CURVATURE OF A CURVE CONCAVE TO T11E WEST HAVING A
RADIUS OF 1849.86 FEET; T11ENCE NORT11ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 17'26'00", A DISTANCE OF 562.86 FEET TO T11E POINT OF TANGENCY; THENCE NORT11 01'00'37" EAST, A
DISTANCE OF 2116.87 FEET; T11ENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE, NORT11 88'59'23" WIEST, A
DISTANCE OF 21.39 FEET TO T11E POINT OF BEGINNING.
THENCE, NORTH 90"00'00" WEST, A DISTANCE OF 20.00 FEET; T11ENCE NORTH 00"00'00" EAST, A DISTANCE OF
20.00 FEET; T11ENCE SOUT11 90"00'00" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'00'00" WIEST, A
DISTANCE OF 0.00 FEET; TO T11E POINT OF BEGINNING.
CONTAINING 400.00 SQUARE FEET OR 0.009 ACRES, MORE OR LESS.
SURVEYOR'S NOTES
1. INFORMATION SHOWN HEREON DOES NOT CONSTITUTIE, NOR DOES IT
REPRESENT, A SURVEY OF T11E SUBJECT PREMISES.
2. NOT VALID WIT110UT T11E SIGNATURE AND RAISED SEAL OF A LICENSED
SURVEYOR AND MAPPER.
3. BEARINGS SHOWN HEREON ARE REFERENCED TO T11E SOUT11 LINE OF T11E
NORT11 HAUF OF SECTION 3, TOWNSHIP 43 SOUT11, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, RESULTING IN A BEARING OF SOUT11 88'33'36" EAST, AND ALL
OT11ER BEARINGS ARE RELATIVE T11ERETO.
SKETCH OF DESRIPTION
THIS IS NOT A SURVEY
NOT VALID WITHOUT ACCOMPANYING
SHEET 2 OF 2
KEVIN M. BECK
PROFESSIONAL SURVIEYOR AND MAPPER
STATE OF FLORIDA LICENSE NO. 6168
STATE OF FLORIDA CORPORATION No. LB6603
FOR:
PALM BEACH RENEWABLE ENERGY FACILITY NO. 2 UTILITY EASEMENT
SCALE:
N/A
DRAWN BY:
STAFF
CHECKED BY:
KMB
DATE: 03 18 14

ENGINEERS. GIS MAPPERS group tnc.
1201 BELVEDERE ROllO, WEST f'AL.l.l BEACH, FLORIDA .U405
PH (561)655-1151 FAX (561)632 93!10 l'iW'II.ENGENUIT'r'GROUP.CDM
FlElD BOOK N
SWA12AB01
SHEET:
y;
Y:\Land Projects R2\14051.01 FPU Easement at SWA I
< 7 nu EDT
AC ACRES POC
SKETCH OF DESRIPTION
THIS IS NOT A SURVEY
ORB omCIAL RECORDS BOOK
PB PLAT BOOK
POB POINT OF BEGINNING
PG
SF
34/42/42
POINT OF COMMENCEMENT
PAGE
SQUARE FEET
SECTION/TOWNSHIP /RANGE
NOT VALID WITHOUT ACCOMPANYING
SHEET 1 OF 2
N
lu..g;z ,_
a N <a
I wZZ
Z.-"
:J 3:: I")
0
c... 60'
1-- z z 8 a)
tn 0 I""":)O)
<t"WF QJ.J...V
WI 0:0 <O
@
20' X 20'
UTILITY EASEMENT
400 SQ.FT.
0.009 Ac
F GJ >-w"'l
I "'
SCALE: 1' = 30'
sgooooo"E :;: 1
,w 20.00' 'b
8a 1- :::>
ao 188
pciL cia
oN NO
0 Ul
I z 20.00
I
N90'00'00"W
PARCEL 1
SOLID WASTE AUTl-IORITY POB
OF PALM BEACH COUNTY S88'59'23"E
NORTH COUNTY LANDFILL 21.39'
w
. ;...
,...,.,
tt?b

No
z
AS SHOWN ON A CONTROL SURVEY
PREPAPRED BY GREENHORNE &
O'MARA, INC. DRA'MNG NUMBER
180289.NLF.6250.000, DATED
12-04-09. I
R=1849.86'
CA=17'26'00"
L=562.86"
R=1969.86'
CA=17'00'13"
L=584.59"
N46'26'24"E
42.43'
N18'26'37"E
934.88'
N01'26'24"E
1375.34'
POC
WEST 1/4 CORNER
SECTION 03/43/42
N01'26'24"E
120.00'
45TH STREET
DEED BOOK 1055, PG 496
FOR:
SOVIH UNE OF "THE
NORIH HALF OF
SECTION 3/43/42
BASIS OF BEARING
_S88'33'36"E 2519.82'
"'-._N01'26'24"E
570.00'
PALM BEACH RENEWABLE ENERGY FACILITY NO. 2 UTILITY EASEMENT
SCALE:
1' = 30'
DRAWN BY:
STAFF
CHECKED BY:
KMB
DATE: 03-18-14
()engeiiui!Y
ENGINEERS. SURVEYORS. GIS MAPPERS group 1nc.
1201 BaVEDERE RD.I.D, WEST PALM BEACK, FLORIDA :5.3405
PH (561)!i55-1151 FAX (561)BJ2-9390 W\\W.ENrollJITl'GROUP.CDl.1
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SWA12AB01 /
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Y: \Land Projects RZ\14051.01 FPU Easement at SWA Site\dwg\14051.01sk01.dwg M EDT
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR P.A.RTNER FOR
SOLID V/ASTE SOLUTJONS
March 18, 2014
Granting of Utility and Access Easement to Florida Power and
Light Company for Access to Power Lines at the Renewable
Energy Campus
Authorize the Executive Director to execute the attached
granting access to the Florida Power and Light Company
for the purposes of monitoring and repair of power supply
lines.
As part of the final completion process for the Palm Beach Renewable Energy Facility #2,
the Authority is required to provide an easement to Florida Power and Light Company for
the monitoring and repair of power supply lines installed at the new facility.
Authority staff recommends granting of the attached easement.
ATTACHMENTS: Easement Form
Legal Description and Sketch
T ~ M S.G-
Page #--;p;:.
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
March 18, 2014
Page2
Date: _
Date: _-----===:1>3+,/ LE.I 8.+:{
Date: _______ _
ITEM S.G-

Prepared by and Return to:
Samantha J. Saucier
Florida Power & Light Company
700 Universe Blvd. CRE/ffi
Juno Beach, FL 33408
Parcel ID# 74424234000001010
(Maintained by County Appraiser)
Section 34, Township 42S, Range 42E
EASEMENT
(Corporate)
The undersigned, in consideration of the payment of $1.00 and other good and valuable
consideration, the adequacy and receipt of which is hereby acknowledged, giant and give to Florida
Power & Light Company, a Florida corporation, whose address is P.O. Box 14000, Juno Beach,
Florida 33408-0420 and to its licensees, agents, successors, and assigns, an easement forever for the
construction, operation and maintenance of overhead and underground electric utility facilities
(including wires, poles, guys, anchors, cables, conduits and appurtenant equipment) to be instslled
from time to time; with the right to reconstruct, improve, add to, enlarge, change. the voltage, as
well as, the size of and remove such facilities or any of them within an easement eighteen (18) feet
in width described as follows:
See Exhibit "A" attached hereto and made a part hereof
Together with the right to pennit any other person, firm or corporation to attach wires to any
facilities hereunder and lay cable and conduit within the easement and to operate the same for
communications purposes; the right of ingress and egress to said premises at all times; the right to
clear the land and keep it cleared of all trees, undergrowth and other obstructions within the
easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees
or limbs outside of the easement area which might interfere with or fall upon .the lines or systems of
communicatimis or power transmission or distribution; and the right of ingress and egress for
personnel and equipment of Grantee, its contractors, agents, successors or assigns over the
adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights granted by this
easement and any or all of the rights granted hereunder; and further grants, to the fullest extent the
undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore
described, over, along, under and across the roads, streets or highways adjoining or through said
property. Grantee shall not alter the means of ingress and egress through the construction of
fencing on any part of the property described in Exhibit "A".
(Executions and Acknowledgment next page)
Form3722
ITEM s ~ ..
Page #-3J'..
IN WITNESS WHEREOF, fue undersigned has signed and sealed fuis instrument on __
dayof ,2014.
Signed, sealed and delivered
in the presence of:
Signature
PrintNrune: ____________________ __
Signature
Print N rune: ____________________ __
' ;
. SOLID WASTE AUUIORITY
OF PALM BEACH COUNTY
By: ~
Print Name: Mark Hammond
Its: Executive Director
Address: 7501 Norfu Jog Road
West Palm Beach, Florida 33412
ACKNOWLEDGMENT
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
On fuis ____ day of , 2014 before me, the undersigned notary public,
personally appeared Mark Hammond, Executive Director of Solid Waste Aufuority of Palm Beach
County, a political subdivision of fue State of Florida, personally known to me to be fue persons
who subscribed to fue foregoing instrument or who has produced -:-:-:c::-c::---:-:------c:------:-
as identification, and acknowledged fuat he executed fue same on behalf of said corporation and
that he was duly aufuorized so to do.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
2
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: --------.,.----------
Commission No.: __________________ _
My Commission Expires: ~
I T ~ M S.G-.
Page #--:q;:.
0
SITE

SKETCH AND DESCRIPTION for:
FP&L
RECWAY SUB STATION
WEST PALM BEACH,
FLORIDA
LEGAL DESCRIPTION
AN 18 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT
LYING IN A PORTION OF SECTION 34, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, LYING 9 FEET ON BOTH SIDES
OF THE FOLLOWING DESCRIBED LINE:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST

LOCATION SKETCH
ONE -QUARTER (NW 14) OF SECTION 3, TOWNSHIP 43 SOUTH, RANGE
42 EAST, PALM BEACH COUNTY, FLORIDA, AND RUN ON AN ASSUMED
BEARING OF N05'59' 43"E ALONG THE WEST LINE OF SAID NORTHWEST
ONE-QUARTER (NW 14) OF SECTION 3 FOR A DISTANCE OF 712.25
FEET TO A POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF 45TH
STREET PER DEED BOOK 1055 AT PAGE 496 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN
S88'33'36"E ALONG SAID NORTH RIGHT -OF-WAY LINE FOR A DISTANCE
OF 1978.37; THENCE RUN N05'53'08"E FOR 3269.67 FEET; THENCE
RUN DUE NORTH FOR 659.91 FEET TO A POINT ON LINE OF AN
EXISTING 11 0' FP&L EASEMENT AS DESCRIBED IN ORB 5670, PAGE
1623, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
THENCE RUN DUE EAST FOR 18.74 F-EET; THENCE RUN DUE NORTH
FOR 110.00 FEET; THENCE RUN DUE WEST FOR 67.19 FEET TO THE
POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION:
;;-
u

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;;-

NOT TO SCALE
NOTES:
PROCEED DUE NORTH, A DISTANCE OF 32.00 FEET TO THE POINT OF
TlERMINUS OF THIS DESCRIPTION.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING
576 SQUARE FEET.

"' C 1.) NOT VALID W1THOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER.
E
2.) LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTlHER
e
: INSTRUMENTS OF RECORD.
3.) BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SECTION 3, TOWNSHIP 43 SOUTH, RANGE 42 EAST,
HAVING AN ASSUMED BEARING OF N88'33'36"W, AS BASED ON A SKETCH AND DESCRIPTION BY HELLER WEAVER AND
CATO DATED 6-17-87. FILE NO 87-10028-SS1
u
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c
8

D
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D
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X
X

'
"
4.) THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR.
5.) THIS IS NOT A BOUNDARY SURVEY.
6.) NOT VALID W1TlHOUT SHEETS 2 OF 2.
CERTIFICATE
I HEREBY CERTFY THAT THE ATIACHED SKETCH OF DESCRIPTION IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND
INFORMATION AS SURVEYED UNDER MY DIRECTION ON NOVEMBER 7, 2013. I FURTHER CERTIFY THAT THIS SKETCH OF
DESCRIPTIO!'< MEETS THE MINIMUM TIECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND
MAPPERS !t{ CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO
THE QUAUFICATIONS NOTED f-IEREDN.
C}illV JjESru::.UP, INC.
BY: ROBERT N. JOHNSON
PROFESSIONAL SURVEYOR & MAPPER
DATE OF SIGNATURE
FLORIDA REGISTRATION NO. 6540 (FOR THE FIRM)
. A

2400 RHODE !SU>.ND AVENUE L.B. No.7805
FORT PIERCE, Florida, 34950
File : recwo rev.dwg
DATE 11/7/13
SCALE N/A
FIELD BK N/A
DWG.BY SW
CHK. BY RNJ
COPYRIGHT 2013
ALL RIGHTS RESERVED
CMLSURV DESIGN GROUP, INC
FP&L
SKETCH AND DESCRIPTION for:
RECWAY SUB STATION
WEST PALM BEACH, FLORIDA
POINT OF
TERMINUS
<1_ OF PROPOSED
18'
EASEMENT
..
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"
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c
0
"
SEC11DN 34
TOWNSHIP 42 SOU1H
RANGE 42 EAST
LEGEND &ABBREVIATIONS
PBC PALM BEACH PUBLIC RECORDS
<1_ CENTER LINE
L.B. LICENSED BUSINESS
NORTH
32.00'
EXISTING
110' FP&L EASEMENT
O.R. OFFICIAL RECORDS BOOK
PER D.RB. 5670, PAGE 1 623
P.B. PLAT BOOK
PG. PAGE
N RGE RANGE
lWP TOWNSHIP
POB POINT OF BEGINNING
SEC SECTION
EAST
18.74'
33 34

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o"'

SEC110N 3
TOWNSHIP 43 SOUTH t:.
iS' RANGE 42 EAST _o [;;

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!!:
SBB'JJ'JB"E
45TH SllREET, D.B. 1055, P. 496
1
u
D
POINT OF
COMMENCEMENT .
SOUTHWEST CORNER
NW 1/4 SEC 3-43-42
COPYRIGHT 2013
All. RIGHTS RESERVED
NOllE:
CMLSURV DESIGN GROUP, INC
2400. RHODE ISLAND AVENUE
FORT PIERCE, Florida, 34950
File : recway rev.dwg
LB. No.7805
THIS IS NOT A BOUNDARY SURVEY:
NOT VAUD WITHOUT SHEETS 1 QF 2.
DATE 11/7/13
1
_,D"'-A'-"11E"-f-R"=EVI=Sic::O'-'-NS"----I SKET
SCALE 1"=50'
FIELD BK N/A

CHK. BY RNJ
NORTH
SCALE: I" = 50'
0 25 50

GRAPHIC SCALE
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
March 19,2014
Renewal of Designated Facility Status for Nu-Way Recycling
Corp.
Authorize the Executive Director to issue contract for a
period of one {1) year allowing for the recycling of Palm
Beach County C/D waste at Nu-Way Recycling Corp. in
Martin County, Florida.
The Solid Waste Authority has received a request from Nu-Way requesting a renewal of
the Authority Nu-Way Designated Facility contract that allows for the recycling of
construction demolition debris at an out-of-county facility.
On September 8, 2006, Nu-Way operating as Rite Way Recycling, became a permitted
SWA roll-off service provider and remains a permitted roll-off service provider through
2014.
The Authority has on file a current and valid Environmental Resource and Resource
Recovery permit for the Nu-Way Hobe Sound facility from Florida Department of
Environmental Protection {FDEP). Contact with FDEP showed that the facility is in
compliance with all permit conditions. Proof of approved financial assurance is on file
with the Florida Department of Environmental (FDEP) for Nu-way.
A performance bond is required as a condition precedent to the execution of this
contract to assure that Nu-way will perform as required under the terms of the contract.
A bond amount of $10,000.00 has been provided by Nu-Way.
ITE:M S. U
Page #Jlii
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Legal Counsel:
(as required)
March 19, 2014
Page 2
Designated facility contract, monthly facility report, letter
requesting renewal from Nu-Way and Proof of Performance
Bond.
Date:
Date: ('-----
Date: ________ _
..--..----;::Date: a{lj {c t

ITE:'M _

CONTRACT
TillS CONTRACT is made and entered into this 9th day of April2014, by and
between NU-WAY RECYCLING CORP., a Florida corporation (''NU-WAY"), and
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (the "AUTHORITY), a
special district created pursuant to Chapter 2001-331, Laws of Florida, (the "Act").
A. In accordance with its authority under the Act and in furtherance of
ensuring adequate bond financing for its Resource Recovery and Solid Waste
Management Facilities, the AUTHORITY reserves the right to receive solid waste
collection by public and private agencies in Palm Beach County (the "County") and to
collect revenues derived therefrom.
B. Pursuant to its duties and obligations under the Act, the
AUTHORITY requires the transportation of waste collected in the County to processing
and disposal facilities designated and permitted by the AUTHORITY.
C. The AUTHORITY determined that the purposes of this Act would
be furthered by its designation of facilities outside of the County to process Recovered
Materials from Construction/Demolition (C/D) Debris, as these terms are hereinafter
defined.
D. Pursuant to Resolution No. 94-47, the Authority's Governing
Board may approve contracts with out-of-County recycling facilities for processing
Recovered Materials generated in the County, provided that such contracts include
provisions recited in Resolution No. 94-47.
AGREEMENT
In consideration of mutual agreements herein contained, as well as the payment of
the sum of TEN AND N0/100 DOLLARS ($10.00) from each to the other, the receipt
and sufficiency of which are hereby acknowledged, the AUTHORITY and NU-WAY
hereby agrees as follows:
ARTICLE I
DEFINED TERMS
1.1 As used herein, the following terms shall have the following meaning, all
pursuant to Resolution 94-47.
(a) "C/D Debris" means solid waste comprised of only
materials considered to be not water soluble and non-
hazardous in nature, including but not limited to steel,
glass, brick, concrete, asphalt roofing material, pipe,
gypsum wallboard and lumber, from the construction or
destruction of a structure as part of a construction or
s.
demolition project, and including rocks, soils, tree remains,
trees, and other vegetative matter which normally result
from land clearing or land development operations for
construction project. Mixing of construction and
demolition debris with other types of solid waste, including
material from a construction or demolition of a structure,
will cause it to be classified as other than construction
debris.
(b) "Class I Waste" means solid waste which is not hazardous
waste, and which is not prohibited from disposal in a lined
landfill under Rule 62-701.300, F.A.C.
(c) "Class Ill Waste" means yard trash, construction and
demolition debris, processed tires, asbestos, carpet,
cardboard, paper, glass, plastic, furniture other than
appliances, or other materials approved by the FDEP which
are not expected to produce leachate which poses a threat to
public health or the environment.
(d) "Recovered Materials" means metal, paper, glass, plastic,
textile, rubber materials, or any materials for which markets
for sale, use or reuse exist and are accessible, which can be
feasibly recycled using equipment at the facility and have
been diverted or removed from C/D Debris, but does not
include materials recovered solely for the purpose of
combustion except as allowed under Section 403.706(4)(b),
Florida Statutes, (1993) or any materials destined for any
uses that constitute disposal.
(e) "Residue" means C/D Debris less Recovered Materials.
ARTICLE2
ACKNOWLEDGE:MENTS, WARRANTIES AND
REPRESENTATIONS
2.1 The foregoing Recitals and Definitions are true and correct and comprise a
part of this Contract.
2.2 NU-WAY acknowledges and agrees as follows:
(a) NU-WAY shall obtain and maintain all appropriate permits
from gove=ental regulatory agencies and any other
entities having jurisdiction over the NU-WAY Facility,
including, but not limited to, the Florida Department of
ITEM
2
Page # =
Environmental Protection and Martin County, and shall
furnish photocopies of such permits to the AUTIIORITY.
(b) NU-WAY shall operate the NU-WAY Facility in full
compliance with all applicable local, state and federal laws,
rules and regulations.
(c) Recycler may dispose of all C/D Residue at a non-
Authority disposal facility, subject to the following
conditions:
(1) The C/D residue shall meet the FDEP definition of
CID.
(2) The C/D residue shall be disposed of at a FDEP
permitted facility.
(3) The C/D recycling facility must maintain a
recycling percentage of above 50% as specified in
Authority Rule II, as may be amended and be in
compliance with all other Designated Facility
Agreement conditions.
( 4) The C/D recycling facility must identify the FDEP
permitted disposal facility receiving the C/D
processing residue and report the quantities shipped
to other facilities for disposaL Such information
shall be provided to the Authority at a time and
manner determined by the Authority.
(d) C/D Debris shall be recovered at a rate of at least fifty-one
percent (51%) by weight.
(e) NU-WAY shall keep accurate records in a form provided for
herein see attached), detailing by weight and volume C/D
Debris, Recovered Materials and Residue, and shall furnish
such records to the AUTHORITY on a monthly basis.
2.3 AUTHORITY acknowledges and agrees as follows:
(a) NU-WAY shall be entitled to all revenues generated from
tipping fees and the sale of Recovered Materials.
ARTICLE3
MISCELLANEOUS
3.1 NU-WAY and the AUTIIORlTY shall each comply with all respective
obligations under this Contract at their sole expense.
3
3.2 Performance Bond. As a condition precedent to this Contract,
Recycler shall provide the Authority with a performance bond in
the amount of$10,000.00. Such bond shall be in the form of cash,
irrevocable letter of credit or surety bond or other instrument
acceptable to the Authority. The amount of the performance bond
may be increased or decreased in order to ensure compliance with
all terms and conditions of this Contract.
3.3 Jndemnification. Recycler shall protect, defend, indemnify, and
hold harmless the Authority, its employees, officials, agents and
representatives from any and all claims and liabilities including
any and all attorney's fees and costs, including those associated
with appeals, for which .. the Authority, its employees, officials,
agents and representatives can or may be held liable as a result of
any damage which occurs to persons or property by reason of any
acts or omissions of Recycler, its employees, agents or
representatives, arising out of or connected with Recycler's
processing or disposal of CID Debris.
3.4 All notes and other co=unications hereunder shall be forwarded to the
parties as follows:
AstoNU-WAY: NO-WAY RECYCLING CORP.
Bill Brennan - President
As to AUTIIORITY: Mr. Mark Hammond
Executive Director
7501 North Jog Road
With a copy to:
General Counsel SW A
7501 North Jog Road
3.5 All terms contained herein shall be binding upon and shall inure to the
benefit of the successors and assigns ofNU-WAY.
3.6 Term of Contract. This Contract shall continue on the same terms and
conditions for a period of one (1) year from the date of Solid Waste Authority Board
approval unless either party provides written notification of termination to the other
party at least ninety (90) days prior to expiration.
4
ITtM .5. H
P a g e ~
3.7 Termination. The AUTHORJTY may terminate this Contract for a
material breach of any of the provisions contained herein. "Material provisions" are
defmed as, but not limited to, any provisions required by Solid Waste Authority
Resolution No. 94-47, any provisions contained in Section 2.2 of this Contract, and the
Performance Bond and Indemnification provisions of this Contract. Prior to termination,
the AUTHORITY shall notify NU-WAY, in writing, of any breach and NU-WAY may
be allowed thirty (30) days to cure said breach.
3.8 If any one or more of the terms, provisions, agreements, or obligations
shall be invalid, illegal or unenforceable in any respect, the validity of the remaining
terms, provisions, agreements and obligations shall be in no way affected, prejudiced or
disturbed thereby.
3.9 This Contract constitutes the entire agreement of the parties hereto and
may not be amended, modified, altered or changed in any respect except by further
agreement.
4.0 In the event any disputes arise under this Contract, the prevailing party
shall be entitled to attorneys' fees and costs.
4.1 This Contract shall be executed in multiple counterparts, and when
counterparts have been executed by all parties hereto, each counterpart shall comprise an
original document.
4.2 Contract shall be governed by and interpreted in accordance with the laws
of the State ofFlorida.
(Remainder of page intentionally left blank)
ITEM
5
Page # -.:..,+-&.::J=...
IN WITNESS WHEREOF, NU-WAY and the AUTHORITY have executed this
Contract as of the date first above written.
WITNESSES FORNO-WAY
RECYCLING CORP.
WITNESSES FOR SOLID WASTE
AUTIIORITY OF PALM BEACH
COUNTY
APPROVE AS TO FORM AND
LEGAL SUFFICIENCY
General Counsel
Solid Waste Authority of PBC
NU-WAY RECYCLING CORP.
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Mark Hammond
Executive Director
6
ITEM .S. M
P a g e ~
YOUR PARTh'ER FOR
SOLID lli'ASTE SOLUTlONS
MONTH ____________ __
DESIGNATED FACILITY MONTHLY REPORT
FACILITY:
ADDRESS:
PHONE:
Total
Volume
Received
NU-WAY RECYCLING CORP.
12967 SE Drive
Hobe Sound, FL 33455
772-545-3058 CONTACT PERSON: Bill Brennan
Volume
Received
. from
Palm Beach
% VolUm.e
from
Palm Beach
Total
Reject
Disposal
-------
Signature _______ _

ITtM
Page #---:ifii.,
Nu-Way Recycling Corp.
12967 S.E. Suzanne Dr. Hebe Sound, Florida 772-545-3055
03-10-2014
Please renew our Designated Contract for 2014.
Thank you
Ashley
POWER OF ATTORNEY
Lexon Insurance Company
LX- 124505
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas With its principal ofice in
Louisville, Kentucky, does hereby constitute and appoint:
Christopher Eric Slack, Tanya Harrelson, Patty L. Mills, ** * .. ****
Katina A. Reed Sarah Hancock ******************************** *******"*************** ************* '****
its true and lawful to make, eXecute, seal and deliver 1or, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved. that the President of the Company is her'eby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-ln.-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other wfitlngs obligatory In nature of a bond not to exceed S2,500,000.00, Two-million five hundred thousanddollars,, Whlch the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents oy an
Attorney-In-Fact shall be as binding upon the Company as ff they had been duly executed and acknowledged by the regularly Hiected
officers of the Company. Any Attorney-In-Fact. so appointecl
1
may be removed for good cause and the authority so granted may be mvoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of a:torney
granted. and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is att9.ched,
continue to be vafid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September. 2009.
BY
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
David E. Campbell
President
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sw<>n, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described In and which executed the abovs
instrument that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFF[CL\.L SEAL"
MAL"IUEN K. AYE
Notory Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE

\:: Maureen K.
Notary Public
l,.the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CEFITIFY
that the onginal Power of Attorney of Which the foregoing is a true and correct copy, is rn fulliorce and effect and has not been revoked and
the resolutions as set forth are now in force. -
Signed and Sealed at Woodridge, Illinois this _ __J/_l...L.. __ Day of
'YV\.%.) 20 i)

Philip G. Lauer
Assistant Secretary
"WARNING: AnX person knowingly and with l_ntent to ,defraud any Insurance company or other person, fiJes an application for
or
of contammg any materially fal&e !"fo:rmation, or conceals for the purpose of misleading, information COI'loerning any fact
a t ereto, comrruts a fraudulent IO&urance ac:t. wtuch s a crime and subjects suet. person to criminal an rt 1 ..
LX1
CONTINUATION CERTIFICATE
Lexon Insurance Company
In consideration of premium charged,
____________________ hereby continues in furce
BondNo.
Dated J one 15, 2 012
in the ammmt of _____________________ Dollars
onbehalfof NU-WAYRECYCLINGCORP , as Principal,
in favor of PALM BEACH COUNTY SOLID WASTE AUTHORITY
for the period beginning ___________ _
and ending June 15 2014 to all the terms and conditions of said bond;
PROVIDED that the liability of Lexon Insurance Companv shall not exceed in aggregated amount above
written, whether the Joss shall have occurred during the temJ of said bond or during any continuation or
cominuations thereof, or partly during said term and partly during any continuation or continuations thereof.
Signed and Sealed this Mav 17. 2013
Le.xon Insurance Companv
ITEM
Page # _..
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER FOR
SOUD WASTE SOl.\JllONS
Resolution of Appreciation - Norman Littauer
Resolution of Appreciation - Milton Brenner
Resolution of Appreciation - Harold Ostrow
March 20, 2014
Approve Resolutions of Appreciation 2014-03, 2014-04, and
2014-05 and authorize Chair to execute on behalf of the Board.
Mr. Littauer served as an at-large member of the Citizens' Advisory Committee from May 1988 to
February 2011. Mr. Brenner served as an at-large member of the Committee from November 1988
to October 2012. Mr. Ostrow served as a District 5 appointment from January 1988 to February
2013.
These resolutions are to express the appreciation of the Board, CAC, and Staff for each member's
efforts serving as a committee member.
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Chief Financial Officer:
(as required)
Legal Counsel:
(as required}
Managing Director:
Executive Director:
None.
Resolution 2014-03
Resolution 2014-04
Resolution 2014-05
7501 North Jog Road, West Palm Beach, Florida 33412
Date:
Date:
Date:
Date:
YOUR PART:'\ER f-"OR
SOLID WASTE .SOLUTIONS
RESOLUTION 2014-03
A RESOLUTION OF THE SOLID WASTE AUTHORITY BOARD AND
CITIZENS' ADVISORY COMMITTEE OF PALM BEACH COUNTY
COMMENDING HAROLD OSTROW FOR HIS SERVICE AS A
MEMBER OF THE COMMITTEE AND EXPRESSING SINCERE
APPRECIATION FOR HIS DEDICATION.
WHEREAS, HAROLD OSTROW served as a member of the Solid Waste Authority Citizens'
Advisory Committee from January 1988 to February 2013; and,
WHEREAS, HAROLD OSTROW performed a valuable function for the Solid Waste Authority
Board and Citizens' Advisory Committee; and,
WHEREAS, the Solid Waste Authority Board and Citizens' Advisory Committee desire to officially
acknowledge and express their appreciation to HAROLD OSTROW for his dedicated service.
NOW THEREFORE, BE IT RESOLVED BY THE SOLID WASTE AUTHORITY BOARD AND
CITIZENS' ADVISORY COMMITTEE OF PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
SECTION I
That the Solid Waste Authority Board and Citizens' Advisory Committee of Palm Beach County do
hereby commend HAROLD OSTROW for his continued service as a member of the Solid Waste Authority
Citizens' Advisory Committee during the period of January 1988 to February 2013, and do hereby express
their sincere appreciation for his efforts and dedication.
SECTION II
That a copy of this Resolution, duly signed and sealed, be presented to HAROLD OSTROW with
the sincere gratitude of the Solid Waste Authority Board and Citizens' Advisory Committee.
SECTION Ill
This Resolution shall become effective immediately upon passage.
READ AND ADOPTED THIS 9th DAY OF Aoril. 2014, BY THE SOLID WASTE AUTHORITY
BOARD AND CITIZENS' ADVISORY COMMITTEE DURING REGULAR SESSION.
ATTEST:
SOLID WASTE AUTHORITY OF PBC
Solid Waste Authority Governing Board
Kathleen A Levas Barry J. Haberman, ChJJf:M -'!..'.:...oll!!lll""
Acting Clerk to the Authority Citizens' Advisory Comf.Sa ge #
YOUR PARTNER FOR
SOLID WASTE SOLUTiONS
RESOLUTION 2014-04
COMMENDING MIL TON BRENNER FOR HIS SERVICE AS A
WHEREAS, MIL TON BRENNER seNed as a member of the Solid Waste Authority Citizens'
Advisory Committee from November 1988 to October 2012; and,
WHEREAS, MIL TON BRENNER performed a valuable function for the Solid Waste Authority
acknowledge and express their appreciation of MILTON BRENNER for his dedicated service.
SECTION I
hereby commend MIL TON BRENNER for his continued seNice as a member of the Solid Waste Authority
Citizens' Advisory Committee during the period of November 1988 to October 2012, and do hereby
express their sincere appreciation for his efforts and dedication.
SECTION II
That a copy of this Resolution, duly signed and sealed, be presented to the family of MIL TON
BRENNER with the sincere gratitude of the Solid Waste Authority Board and Citizens' Advisory
Committee.
SECTION Ill
BOARD AND CITIZEN'S ADVISORY COMMITTEE DURING REGULAR SESSION.
ATTEST:
Kathleen A. Levas
Acting Clerk to the Authority
ITEM
YOUR PARTNER FOR
SOLID SOLUTIOJ'.,;S
RESOLUTION 2014-05
COMMENDING NORMAN LITTAUER FOR HIS SERVICE AS A
WHEREAS, NORMAN LITTAUER served as a member of the Solid Waste Authority Citizens'
Advisory Committee from May 1988 to February 2011; and,
WHEREAS, NORMAN LITTAUER performed a valuable function for the Solid Waste Authority
acknowledge and express their appreciation of NORMAN LITTAUER for his dedicated service.
SECTION I
hereby commend NORMAN LITTAUER for his continued service as a member of the Solid Waste
Authority Citizens' Advisory Committee during the period of May 1988 to February 2011, and do hereby
express their sincere appreciation for his efforts and dedication.
SECTION II
That a copy of this Resolution, duly signed and sealed, be presented to the family of NORMAN
LITTAUER with the sincere gratitude of the Solid Waste Authority Board and Citizens' Advisory
Committee.
SECTION Ill
BOARD AND CITIZENS' ADVISORY COMMITTEE DURING REGULAR SESSION.
ITEM CfA:l
Kathleen A Levas Barry J. Haberman, Chair Page # &.1 } &.1
Acting Clerk to the Authority Citizen's Advisory Committee ,-
ATTEST:
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 6403400
YOUR PARTNER fOR
SOLID WASTE SOLllTJONS
March 19, 2014
MEMORANDUM
TO: Vice Mayor Paulette Burdick, Chair
SUBJECT: Renewable Energy Facility #2
RECOMMENDATION:
BACKGROUND:
Authorize Authority Staff to issue a Request for
Proposals to entities interested in supplying solid waste
material suitable as supplementary fuel for Renewable
Energy Facility #2.
Pursuant to Board direction at the August 2013 Board meeting, Staff developed a
Request for Expressions of Interest (RFEI) for the supply of Supplemental (out of
County) Combustible Waste Supply for Renewable Energy Facility #2. The RFEI
(attached) was issued on January 27, 2014. It was sent directly to fourteen (14) entities
and advertised continuously on the Authority's web site. Responses were received from
the following four (4) companies on the due date of March 4, 2014.
1. Progressive Waste Solutions of Florida, Inc.- Miami, FL
2. Return Logistics International Corporation- Savannah, GA
3. Sun Recycling, LLC - Davie, FL
4. Waste-Wise, Ltd. -Jupiter, FL
Two of the respondents, Return Logistics and Sun Recycling, indicated the specific
quantities of material available at 50 and 10,000 tons per week respectively. In addition,
several other companies indicated continued interest but elected not to respond to the
RFEI.
ITEM 7 ~ J
Page # Jj.!:i..
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 6404000 FAX (561) 640-3400
March 19, 2014
Page2
At the August 2013 meeting, Staff advised the Board that between 125,000 and
213,000 tons of REF#2 capacity would be available in 2015 and that the potential net
revenue to be gained by the Authority could reasonably be expected to be in the $5 -
$10 million per year range. In addition, it should be noted that the commissioning, start-
up, and acceptance testing of REF #2 will begin in December and continue through May
of 2015 as currently scheduled. During this period, the Authority is obligated to provide
sufficient waste to operate and test the facility continuously at full capacity. The
quantities of waste necessary to complete this testing may potentially exceed the waste
available.
The responses to the RFEI have demonstrated interest in supplying waste to REF#2.
However, in order to comprehensively evaluate this option as a viable alternative,
additional information regarding specific sources, quantities, and pricing details needs to
be compiled and analyzed. In order to provide fair and open competition, this data is
typically solicited through a Request for Proposals (RFP) developed and issued in
accordance with the Authority's approved policies and procedures. Staff requests that
the Board authorize the preparation and issue of a Request for Proposals for the supply
of Supplemental Combustible Waste.
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
None.
Request for Expressions of Interest (RFEI)
Supplemental (Out of County) Combustible Waste Supply for
Renewable Energy Facility #2
Issue Date: January 27, 2014
Date: ________ _
Date: ________ _
Date: ________ _
_________________ , Drue: _______________ _
. ---""-'3

Page # ...:=.J.._._
Request for Expressions of Interest (RFEI)
Supplemental (Out of County) Combustible Waste Supply
for Renewable Energy Facility #2
Issue Date: January 27, 2014
Due Date: March 4, 2014, 2:00 PM E.S.T.
Solid Waste Authority of Palm Beach County
Saundra Brady, Director of Purchasing Services
7501 North Jog Rd.
Request for Expressions of Interest
Table of Contents
1.0 Introduction
1.1 Background
2.0 RFEI Process
2.1 Overview
2.2 Preliminary Schedule
2.3 RFEI Response
2.4 Cost of RFEI Response Preparation
2.5 Contact Information
list of Tables
Table 1-1: Available Capacity
Table 2-2: Preliminary Schedule
2
ITEM
3
4
4
5
5
5
3
4
Page # _._,._.......
1.1 Background
1.0 Introduction
The Solid Waste Authority of Palm Beach County (Authority) is currently completing the
construction of Renewable Energy Facility #2 (REF #2) to provide for the long term disposal of
post-recycled municipal solid waste and other combustible waste generated in Palm Beach
County. When completed REF #2 is guaranteed to process a minimum of 1 million tons of waste
per year at a rate of approximately 3,000 tons per day. REF #2 will generate approximately
100MW of clean renewable energy. Ref #2 has been permitted and will be operated in strict
accordance with all the applicable Federal, State and Local regulations.
The capacity of REF #2 has been designed to serve the long term (30 years +) disposal needs
of Palm Beach County. As such there will initially be unused disposal capacity available. This
capacity could be available on a contractual or spot market basis for five to ten years. Table 1-1
shows the estimated tons per year (TPY) of capacity that will be available starting in 2015.
Table 1-1
Estimated Available Capacity
YEAR TPY
2015 200,000
2016 175,000
2017 150,000
2.018 12.5,000
2019 100,000
202.0 75,000
202.1 50,000
2.02.2. 25,000
2023 0
In addition to post-recycled municipal solid waste, REF #2. will also be utilized to dispose of yard
waste and residue from other Authority operations. In that other disposal options are available
for these additional wastes, the Authority may consider diverting these wastes making
additional capacity available for sale or extending the time frame that the capacity would be
available.
3
Request for Expressions of Inte1est
2.0 RFEI Process
2.1 Overview
This Request for Expressions of Interest (RFEI) process should not be considered procurement
nor should it be considered a precursor to any type of subsequent procurement process. The
purpose of this RFEI process is to gauge interest, gather information and evaluate the
availability of other acceptable combustible wastes that could be utilized to fill the available
capacity of REF #2 and generate additional revenue for the Authority on a short term basis.
Based, in part, on the data gathered through this RFEI, and subject to the approval of the
Authority Governing Board, the Authority may conduct a procurement to select an entity or
combination of entities that the Authority believes best meets its needs. That procurement
process may include a Request for Proposals (RFP) process accomplished in accordance with
approved Authority procurement policies and procedures.
2.2 Preliminary Schedule
Table 2-2 represents the Authority's intended schedule from issuance of this RFEI through
procurement. The schedule should be considered preliminary and the Authority reserves the
right to modify it at its discretion.
Activity
Table 2-2
Preliminary Schedule
Issue Request for Expressions of Interest
Submit Letters of Interest
Submittals Reviewed by Authority
Authority Board Meeting (Seek Board Direction)
Issue Request for Proposals (If Board Authorized)
Proposal Submittal Deadline
Authority Board Meeting
Proposal Evaluation/Selection
Negotiate and Finalize Agreements
Authority Board Meeting
4
Date
January 27, 2014
March 4, 2014
Week of March 10, 2014
April 9, 2014
TBD
TBD
June 11, 2014
TBD
July 28, 2014 (target)
August 20, 2014
ITtM 9.A .. 7:.
P a g e ~
2.3 RFEI Response
The Authority must receive all responses no later than 2:00 p.m. E.S.T. on Tuesday,
March 4, 2014, via mail or hand delivered. Responses shall be submitted in a sealed
envelope, clearly labeled with RFEI Supplemental (Out of County) Combustible Waste Supply for
REF #2. Responses should not exceed 5 pages.
Responses should include but not be limited to:
1. A transmittal letter expressing interest in disposing of combustible wastes at REF #2 as
detailed in this RFEI.
2. General Respondent information, including the name, address, telephone number, email
address and contact person to whom any future correspondence shall be directed.
3. A description of the waste to be delivered to REF #2, including but not limited to the
following:
a. Description of waste material (include any size/composition analysis or HHV data
if available). Please note that any waste material that is considered or classified
as Hazardous Waste, or regulated as a Toxic Substance, or radioactive, or
generally treated as hazardous under any applicable law will not be considered.
b. Source(s) of waste material.
c. Estimated quantity of material to be delivered annually.
d. Average anticipated delivery schedule (tons/day, tons/week, tons/month).
e. Minimum and Maximum anticipated delivery schedule (tons/day, tons/week,
tons/month)
f. Type of vehicle that would typically be utilized for delivery.
g. Special unloading or handling needs (e.g. visual monitoring for assured
destruction, etc.).
4. other information identified by the Respondent.
Please do not include pricing or specific terms and conditions at this time.
2.4 Cost of RFEI Response Preparation
The costs and expenses associated with the preparation of a response are the sole responsibility
of the Respondent. In no event shall the Respondent have a claim against the Authority, its
staff or its consultants or agents for reimbursement of any such costs or expenses.
2.5 Contact Information
Correspondence related to this RFEI will be coordinated by Purchasing Services. Please direct
all correspondence related to this process, including responses to this RFEI, to:
7501 North Jog Road
Saundra Brady - Director of Purchasing Services
Phone: (561) 640-4000 Fax: (561) 640-3400 Email: sbrady@swa.org
ITEM fi.A.
Page # ....-!.:.,,_.._
5
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR. PARTNER FOR
SOLID WASTE SOJ .l_iTIONS
March 18, 2014
lnterlocal Government Agreement with East Central Regional
Wastewater Treatment Facilities Operation Board Regarding the
Expiration of Sludge Disposal Services
Authorize the Executive Director to execute an lnterlocal
Government Agreement regarding the Expiration of Sludge
Disposal Services between the Solid Waste Authority of Palm
Beach County and East Central Regional Wastewater
Treatment Facilities Operation Board providing for the
expiration of the current Sludge Disposal Agreement and the
continued treatment and disposal of septage waste subject to
Legal Counsel review and approval.
Pursuant to Board approval, the Solid Waste Authority (Authority) entered into an lnterlocal
Governmental Agreement (Compost Agreement) with the City of West Palm Beach, as agent for
East Central Regional Wastewater Treatment Facilities Operation Board (ECR), for Sludge
Disposal Services in 1994. The Compost Agreement provides for the sharing of costs of building
and operating a compost facility that provides for the disposal of the sludge produced at the
ECR wastewater treatment facility and a portion of the County's vegetative waste. Further, the
Compost Agreement includes a provision for ECR to relieve the Authority of its responsibility to
accept and dispose of the septage wastes generated in the County. The term of the Compost
Agreement extends through September 30, 2014.
The Compost Facility has achieved its intended purpose; however, has proven not to be a cost
effective option for the disposal of vegetation. Accordingly, the Authority decided to cease
operation of the facility at the end of the Compost Agreement term and advised ECR that the
Compost Agreement would not be extended beyond September 30, 2014.
ITEM ,.E. ~
P a g e ~
March 18, 2014
Page2
With the expiration of the Compost Agreement, the responsibility for septage treatment and
disposal was brought into question. Upon review of the Compost Agreement, it is Legal
Counsel's opinion that this responsibility would revert to the Authority. Subsequently, the
Authority and ECR negotiated an Agreement wherein ECR will continue to accept, treat, and
dispose of County septage for as long as ECR and/or its Successors exist. In return, the
Authority will contribute a one-time lump sum amount of $2 million toward the cost of the design
and construction of a new septage receiving facility at ECR's facility.
Staff recommends that the Board authorize the Executive Director to execute an lnterlocal
Government Agreement regarding the expiration of the Compost Agreement between the Solid
Waste Authority of Palm Beach County, Florida and the East Central Regional Wastewater
Treatment Facilities Operation Board providing for the expiration of the current Compost
Agreement and ECR's continued treatment and disposal of septage waste subject to Legal
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
/
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
The $2 million payment is available from the General Reserve and
the Budget will be amended accordingly.
lnterlocal Government Agreement Regarding the Expiration of
Sludge Disposal Services
Date: _ ___:_0_3

ITEM Cf. .1 --
Page #Aj.!L
INTERLOCAL GOVERNMENT AGREEMENT
REGARDING
THE EXPIRATION OF SLUDGE DISPOSAL SERVICES
BETWEEN
THE SOLID WASTE AUTHORITY
OF PALM BEACH COUNTY, FLORIDA
AND
EAST CENTRAL REGIONAL WASTEWATER TREATMENT FACILITIES OPERATION
BOARD
1
ITEM '!f. f. I ..
Page#_3/!!-
INTERLOCAL GOVERNMENT AGREEMENT
REGARDING
THE EXPIRATION OF SLUDGE DISPOSAL SERVICES
TillS AGREEMENT, hereinafter called the "Agreement", is made and entered into this __ day of
2014, by and between EAST CENTRAL REGIONAL WASTEWATER
TREATMENT FACILITIES OPERATION BOARD, a legal entity created by Interlocal Agreement
dated September 9, 1992 (pursuant to the terms of Chapter 163, Fla. Stat.) (the "ECR ILA"), through its
agent the City of West Palm Beach, hereinafter called the "ECR", and the SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY, a dependant special district created pursuant to Chapter
75-473, Laws of Florida, as codified, reenacted and amended by Chapter 2001-331, Laws of Florida,
Special Acts of 2001, hereinafter called the "Authority".
WITNESSETH
WHEREAS, Palm Beach County (the "County") owned, operated, and managed Wastewater Treatment
Facilities which generated domestic wastewater residuals (referred to hereafter as "Biosolids"), and as a
resnlt of the County's desires to secure an efficient, long-term, and environmentally sound method to
recycle and beneficially reuse the Biosolids produced the County and the Authority entered into an
Interlocal Agreement for Sludge Disposal Services dated October 6, 1992 (the "Compost ILA-I); and
WHEREAS, the City of West Palm Beach, Florida (the 'City') owned, operated, and managed
Wastewater Treatment Facilities which generated Biosolids; and as a result of the City's desires to secure
an efficient, long-term, and environmentally sound method to recycle and beneficially reuse the Biosolids
produced, the City and the Authority entered into an Interlocal Government Agreement for Sludge
Disposal Services dated March 23, 1998, (the "Compost ILA-II"); and
WHEREAS, pursuant to these compost ILA' s the Authority provided for the disposal and subsequent
recycling of the Biosolids through the process of composting the Biosolids with yard waste or similar
bulking agents; and
WHEREAS, the ECR, through assigrunent by the County, is the successor in interest to the County's
rights, obligations and interest in the Compost ILA-I, and through Interlocal agreement with the City is
the successor in interest to the City's rights, obligations and interest in the Compost ILA-II (the Compost
ILA-I and Compost ILA-II are hereafter referred to collectively, as "Compost ILA"); and
WHEREAS, the ECR and the Authority have now entered into an Interlocal Goverrunent Agreement for
Biosolids Processing and Recycling at the Authority's Biosolids Processing Facility which will replace
the use of the Authority's Compost Facility as of the end of the Compost ILA term; and
WHEREAS, the Compost ILA-II also provided the City would construct and operate a septage treatment
and disposal facility to relieve the Authority of this responsibility; and '
2
WHEREAS, the ECR and the Authority now desire to provide for winding down the Compost ILA at the
expiration of the Compost ILA, and provide for the permanent provision of the Septage Services by the
ECR.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the ECR and the
Authority agree as follows:
ARTICLE I- DEFINITIONS AND ENTIRE AGREEMENT
1.1 Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
"BPF" means the Biosolids Processing Facility as described in the Interlocal Government Agreement for
Biosolids Processing and Recycling.
"Compost Facility" means facilities constructed for the purpose of processing and recycling wastewater
residuals received from ECR into compost material.
"Effective Date" means the date the last Party to this Agreement has executed this Agreement.
"Septage" generally consists of all the household wastes that are disposed of through a home's plumbing
system and stored in a septic tank, but can be residential or non-residential. Non-residential sources can
include wastewater from commercial/industrial developments, grease interceptors as well as other sources
such as portable toilets, RV's, and boat wastes.
"Septage Treatment" or "Septage Services" means receiving Septage at the Wastewater Treatment
Facility and the pretreatment, separation, screening, and grinding of the material and then processing with
other wastewaters.
"Wastewater Treatment Facilities" means the wastewater treatment facilities that the ECR owns,
operates, and manages, or causes to be operated and managed.
Entire Agreement
This Agreement constitutes the entire Agreement between the Authority and the ECR with respect to the
expiration of the Compost ILA and supersedes all other negotiations, representations, or agreements,
either oral or written, with respect to the matters contained herein. The Article and Section headings in
this Agreement are for convenience and reference only and shall not be considered in construing this
Agreement.
ARTICLE II- CONSTRUCTION AND PAYMENT FOR CONSTRUCTION
2.1 ECR Commitment to Construct Septage Facilities
ECR is currently in the process of constructing improvements to its Wastewater Treatment Facilities that
include the design, and construction of new Septage Treatment and disposal facilities. ECR shall be solely
responsible for the design, construction, operation and maintenance of these septage facilities.
Notwithstanding anything in the Compost ILA to the contrary, ECR agrees during the duration of the
term of the ECR ILA, and for its successors and assigns, to assume and relieve the Authority of any
obligation it has, had, or may have had in the past or in the future to provide Septage Services.
ITEM Cf. .1 __
3 P a g e ~
2.2 Authority Commitment to Contribute to Capital Costs
In exchange for, and as consideration for, ECR assuming and accepting the obligations set out in Section
2.1 above, Authority agrees to contribute Two Million Dollars ($2,000,000) to ECR toward the design
and construction of the septage facilities as set out in Section 2.1 above. This contribution shall be made
as a one-time payment.
ARTICLE ill-PAYMENT
3.1 Payment
Authority shall make its payment pursuant to this Agreement to ECR not later than September 30, 2014.
ARTICLE IV- CONTINUING EFFECT OF COMPOST lLA
4.1 Continuation
Until the Compost !LA expires in accordance with their terms, the Authority shall direct ECR's Biosolids
deliveries to the Compost Facility, Landfill or to the BPF as determined by the Authority, and the Parties
shall continue to carry out the terms of the Compostiog !LA. ECR shall continue to make all Capacity
Payments and Tip Fee Payments as provided io the Compost !LA and any and all notes and/or other debt
payments due in regards to the Compost Facility through the date of expiration of the Compost !LA.
4.2 Expiration
The parties agree that the Compost !LA shall expire on September 30, 2014 and all rights and obligations
of both parties thereto shall end and those agreements shall have no further force or effect in law or
equity. The Parties stipulate and agree that all improvements located on ECR property shall remain the
property of ECR and all improvements on Authority property shall remain the property of the Authority
and neither Party shall have any obligations to the other with respect to such improvements and neither
Party shall be entitled to any compensation with respect to such improvements.
ARTICLE V- DISPUTE RESOLUTION
5.1 Dispute Resolution
All disputes between the ECR and the Authority shall be resolved io accordance with the Florida
Governmental Conflict Resolution Act, Florida Statutes Chapter 164, or its successor.
5.2 Payments Upon Resolution
If either the Authority or ECR has withheld payment of any amount in dispute, upon
resolution of such dispute, the non-prevailing Party shall pay to the prevailing Party the disputed amount
(or as much thereof as shall be determined to be due) plus ioterest at the legal prejudgment rate from the
date on which such amount was due to the date of payment.
4
ITEM ,.e.t_.,
Page #If!L
ARTICLE VI- MISCELLANEOUS
6.1 Representation, Warrantees, Approvals
The Parties represent and warrant to each other that upon execution of this Agreement: (a) the Parties
have the power and authori1y to enter into this Agreement and to carry out their respective obligations
hereunder; (b) the Parties have taken all legal actions necessary to authorize them to enter into and
perform their respective obligations hereunder; (c) entering into and performing this Agreement does not
violate any statute, rule, regulation, order, writ, injunction, or decree of any court, administrative agency,
or governmental body or violate any agreement by which a Par1y is bound; (d) this Agreement has been
duly entered into by the Par1y and constitutes a legal, valid, and binding obligation of the Par1y; (e) there
is no litigation or proceeding pending or threatened against a Par1y which could materially or adversely
affect the performance of this Agreement; and (f) the Parties have obtained all approvals as may be
required to permit their respective performance of the obligations of this Agreement. Except as expressly
provided herein, the Parties make no representations or warranties and waive no rights or remedies.
7.1 Amendment and Modification
This Agreement shall only be modified or amended by a written agreement duly signed by the persons
authorized to sign agreements on behalf of the Authori1y and the ECR. Any such amendments or
modifications shall be numbered in ordinal sequence and titled accordingly.
7.2 Notices
Any notices required in this Agreement shall be sent in writing, certified mail return receipt requested, to
the Parties at the addresses listed below, unless either Par1y shall inform the other Par1y in writing of any
change in that address.
If to the Aufhori1y:
Solid WasteAuthori1y ofPahn Beach Coun1y
7501 North Jog Road
Attention: Executive Director
If to the ECR:
East Central Regional Wastewater Treatment Facilities Operation Board
4 3 25 N. Haverhill Road.
West Pahn Beach, FL 33409
Attention: Executive Manager
7.3 Assignment
It is expressly understood and agreed that this Agreement is between the Authori1y and the ECR and that
the Authori1y and the ECR shall have no right to assign this Agreement or any portion thereof without the
prior approval of the other par1y.
5
\TEM tf. .
1
. .-
. ~
Pao,... tf
- .;"':.J ,__,
7.4 Severability
In the event that any provision of this Agreement shall, for any reason, be determined to be invalid,
illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such
amendments, modifications, or supplements of, or to, this Agreement or such other appropriate changes as
shall, to the maximum extent practicable in light of such determination, implement and give effect to the
intentions of the Parties as reflected herein and the other provisions of this Agreement shall, as so
amended, modified, supplemented, or otherwise effected by such action, remain in full force and effect.
THE REMAINDER OF THIS PAGE IS BLANK
6
IN WITNESS WHEREOF, the SOLID WASTE AUTHORJTY OF PALM BEACH COUNTY, at a
regular meeting thereof, by action of the Authority Board authorizing and directing the foregoing to be
adopted, has caused these presents to be signed by its Executive Director, and its seal to be hereto affixed,
and the EAST CENTRAL REGIONAL WASTEWATER TREATMENT FACILITIES OPERATION
BOARD has authorized and caused the execution of this Agreement.
Attest:
By:
Sandra V assalotti
Clerk to the Board
By:
Attest:
City Clerk
By:
Mark Hammond
Executive Director
EAST CENTRAL REGIONAL WASTEWATER
TREATMENT FACILITIES OPERATION BOARD:
By: THE CITY OF WEST PALM BEACH
Its: Agent
By:
Name:
Title:
(Seal)
Approved by SWA Board on ________ _,2014, Item _____ _
Approved by ECR Board on _______ ___, 2014, Item _____ _
7
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER FOR
March 18, 2014
Recovered Materials Processing Facility Amended and
Restated Operations and Maintenance Agreement
Approval of Amendment #2
#2 to the Agreement for Amended and Restated
Operations and Maintenance for Recovered Materials
Processing Facility between the Solid Waste Authority
of Palm Beach County and FCR Florida, LLC providing
for alternate paper production specifications as detailed
therein subject to Legal Counsel review and approval.
FCR Florida, LLC (Operator) currently operates and maintains the Recovered Materials
Processing Facility (RMPF) for the Solid Waste Authority of Palm Beach County
(Authority) under the terms and conditions detailed in the Amended and Restated
Operations and Maintenance Agreement for Recovered Materials Processing Facility
(Agreement). The Agreement requires the Operator to process all the recovered
materials collected by the Authority, at minimum production rates, producing outbound
products that meet minimum composition quality specifications. Compliance with these
requirements is predicated on the collection and delivery of inbound recovered material
at minimum quantities that meet specified maximum contamination levels.
During the early months of 2013, the Authority and Operator observed a deterioration of
the quality of the inbound Residential Fiber being source separated at households and
delivered to the RMPF. Subsequently, the Authority, in conjunction with the Operator
and Consulting Engineer, RRT Design & Construction (RRT), completed a detailed fiber
ITEM f. I. 2..
7501 North Jog Road, west Palm Beach, Florida 33412 (561) 640-4ooo
March 18, 2014
Page2
composition study and facility operational analysis. This analysis was completed with
the specific purpose of benchmarking the inbound composition of the residential fiber
stream as well as benchmarking all operating and performance parameters of the fiber
processing portion of the RMPF while operating at the contractual processing rate.
The results of the analysis confirmed that the incoming fiber collected from residents
and delivered to the RMPF did not meet the specifications stated in the Agreement in
terms of the percentage of residue/non-recyclable materials (i.e., contamination). The
extent of the incoming contamination significantly impaired the Operator's ability to
produce outbound fiber product conforming to the quality requirements of the
Agreement. Specifically, the ONP being produced by the Operator did not meet market
specifications either in terms of Outthrows or Prohibitives. Further, the Mixed Paper
being produced did not meet market specifications in terms of Prohibitives nor did the
OCC being produced meet market specifications.
In recognizing that the excess level of contamination experienced in the incoming
residential fiber was due to no fault of either party, the Authority and Operator have
agreed to operate the RMPF in a modified manner not explicitly anticipated by the
existing Agreement for an interim (not to exceed 12 months) Cure Period. During this
period, the Operator will produce a grade of fiber not specified by the Agreement. This
grade has been designated as "Premium Mix". Premium Mix contains less than 1%
Prohibitives and is currently being sold at the same price that the grade of fiber
specified by the Agreement as #8 ONP would have been sold for. This modified
approach provides for the continued uninterrupted operation of the RMPF in substantial
conformance with the following key elements of the Agreement:
1. The RMPF Residential Fiber Line is being operated at the minimum production rate
of 35 tons per hour as stipulated in the Agreement.
2. The production rate is being maintained with operational staffing levels that are
consistent with the staffing plan stipulated in the Agreement.
3. The Authority is not currently experiencing any loss of revenues due to material
quality issues.
Additionally, during the Cure Period, specific action items to improve processing
capabilities, to provide for operational flexibility, and to provide for materials marketing
flexibility will be studied and evaluated. If necessary, a third amendment to the
Agreement will be developed to implement the recommended improvements developed
during the Cure Period.
ITEM 7. E. z..
Page#i1-'-
March 18, 2014
Page 3
Amendment #2 to the Agreement provides for the establishment of a limited Cure
Period to address the impact of significant changes in the incoming fiber recovered
material stream and establishes alternate outbound material specifications that can be
achieved. by the Operator without additional cost and provide material quality that
maintains the Authority's unit price revenue. As such, Staff recommends approval of the
attached Amendment to the Agreement subject to Legal Counsel review and approval.
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Managing Director:
Legal Counsel:
(as required)
Executive Director:
None. Approximately $32,500 will be expended in
completing the evaluations and is available in the Unit 403
Operating Budget.
Amendment #2 to the Amended and Restated Operations
and Maintenance Agreement for Recovered Materials
Processing Facility
_Date:
Date:
Date:
Date:
b*
03, /11/'i
o/14
-,{ 1A(c .y-
"k \tL \ \'f
:J/vfr
ITEM ?.E.?.
Page#.3.JL
AMENDMENT #2 TO THE AGREEMENT FOR
AMENDED AND RESTATED OPERATIONS AND MAINTENANCE
FOR RECOVERED MATERIALS PROCESSING FACILITY BETWEEN
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND FCR FLORIDA, LLC
DATED THE lOTH DAY OF JUNE, 2009
TIDS SECOND AMENDMENT, hereinafter called the "Amendment", is made and entered into this
___ day of , 2014 by and between the Solid Waste Authority of Palm Beach
County, a special district created by Chapter 2001-331, Laws of Florida, as amended, hereinafter called
the "Authority", and FCR Florida, LLC, a corporation in the State of Delaware, hereinafter called the
"Operator".
WHEREAS, the Operator and the Authority have previously entered into an Agreement for operations
and maintenance of the Authority's Recovered Materials Processing Facility (RMPF), the Amended and
Restated Operations and Maintenance Agreement for Recovered Materials Processing Facility, dated June
10, 2009 (the "Agreement"); and
WHEREAS, the Operator and the Authority recognize that the quality of the incoming stream of
recyclables identified in the Agreement as Residential Fiber has changed in composition due to no fault of
either party, exceeding the specifications for the percentage of residue/non-recyclable materials which it
contains; and
WHEREAS, as a result of changes to the composition of Residential Fiber, the #8 ONP produced at the
RMPF does not meet market specifications either in terms of Outthrows or Prohibitives; and
WHEREAS, the Operator, by mutual agreement with Authority staff, is producing a fiber grade
designated as "Premium Mix". Premium Mix is a substitute grade for ONP 8 (Newspaper) and contains
newspaper and other paper. Premium Mix contains less than I% Prohibitives. Premium Mix is currently
being sold by Authority Staff at the same price that the grade of fiber specified by the Agreement as #8
ONP is currently sold for. The Authority is not currently experiencing any loss of revenues; and
WHEREAS, the RMPF is being operated by the Operator at the throughput rates stipulated in the
Agreement and with the staffmg levels stipulated in the Agreement; and
WHEREAS, Authority Staff has implemented procedures and training to improve the quality of the
inbound residential fiber stream and these initiatives are on-going; and
WHEREAS, the Operator and Authority recognize that an interim "Cure Period" is needed, during which
time the RMPF will be operated at Agreement required operating parameters except that Premium Mix
will be produced in lieu of #8 ONP and during which specific action items to improve processing
capabilities, to provide for operational flexibility, and to provide for materials marketing flexibility will
be studied and evaluated; and
WHEREAS, the Cure Period will also be used to develop and execute an Agreement Amendment
acceptable to both Operator and Authority (expected to be Amendment #3), which will memorialize
future operations.
Approved by Authority Boord on April 9, 2014, Item 9.E.2
ITEM '/.E.l.
P a g e ~
NOW, THEREFORE, in consideration of the mutnal promises contained herein, the Operator and
Authority agree as follows:
I. A "Cure Period" of no longer than twelve (12) months (through April2015) will be in effect.
2. During the Cure Period, the Operator will continue to operate the Residential Fiber processing system
at 3 5 TPH and at the Agreement stipulated staffing levels without change. The grade of paper
designated as "Premium Mix" (PMX) will be produced during the Cure Period. The Prohibitive
threshold of 1% for PMX and 3% for Mixed Paper shall be maintained. During the Cure Period,
when the primary grade ofPMX is being produced, a distinct grade of#8 ONP will not be produced.
3. During the Cure Period, OCC will be produced. Its required quality will meet or exceed those
required in the Agreement without change.
IN WITNESS WHEREOF, the Solid Waste Authority of Palm Beach County, at a regular meeting
thereof, by action of the Authority Board authorizing and directing the foregoing to be adopted, has
caused these presents to be signed by the Executive Director, and its seal to be hereto affixed, and FCR
Florida, LLC has authorized and caused the execution of this Amendment, all as of the day, month, and
year first above written.
Witness:
I.
2.
By:
Attest:
Corporate Secretary
Witness:
I.
2.
Approved by Authority Board onApril9, 2014, Item 9.E.2
By:
Mark Hammond
Executive Director
FCR FLORIDA, LLC:
By:
Name:
Title:
(Corporate Seal)
ITEM f. f ... z,
P a g e ~
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER FOR
SOLID WASTE SOl JJTLONS
March 19, 2014
Solid Waste Management Facility Permit
Action Enterprises, LLC
Authorize issuance of Operating Permit# AE 0077 YT14
to Action Enterprises, LLC for a Yard/Trash Vegetative
Land Clearing Recycling facility for a period of one year.
In January 2014, Action Enterprises, LLC applied for an operating permit that allows for
the recycling of yard trash/vegetative land clearing debris recycling facility located in
Pahokee, Florida.
The applicant has supplied Authority staff with permits and/or approvals from the
Florida Department of Environmental Protection and the City of Pahokee Planning and
Zoning. Staff has requested comments from all applicable regulatory agencies.
Based on the information presented in this permit application package, and responses
from the regulatory agencies, staff recommends the issuance of permit # AE 0077
YT14 for a period of one year.
BUDGET IMPACT:
ATTACHMENTS:
None.
SWA Operating Permit, General Conditions, Specific
Conditions, Monthly Facility Report Form, Permit
Application, FDEP Yard Trash Registration, approved letter
from City of Pahokee, Site Location Map and responses
from regulatory agencies.
tTEM
Page # _,_,_...,2.
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 6404000 FAX (561) 640-3400
REVIEWS:
Director:
Chief Officer:
Finance:
(as required)
Legal Counsel:
(as required)
March 19, 2014
Page 2
Date: _______ _
_ Date: "-' /ty
ITEM . I.
Pa g t.: ii- .lfll
YOUR PARTNER FOR
Solid Waste Management Facility Operating Permit
No. AE 0077 YT14
Facility Designation: Action Enterprises LLC
Facility Description: Yard Waste Mulching Recycling Facility
Facility Location: A triangular parcel \4 mile Souihwest of the intersection of Belle
Glade Road and SR717 and North of 87th Pl., Pahokee, FL
Facility Owner: Perez Enterprises
Facility Operator: Dan Casey
Date of Issuance: April9, 2014
Date of Expiration: April9, 2015
The permittee hereby agrees to undertake the activity for which this permit is issued in accordance
wiih the attached General and Specific Conditions.
Permittee Date
The Solid Waste Authority of Palm Beach County hereby permits the operation of the above-
designated facility in accordance wiih the attached General and Specific Conditions.
Mark Hammond
Executive Director
Date
ITEM. ...

RBCyded Paper
GENERAL CONDITIONS
Operating Permit Number AE 0077 YT14
The following terms, conditions, limitations, and restrictions set forth in this Part are "General
Permit Conditions" and are binding on the Permittee. Enforcement of these conditions shall be
pursuant to the provisions of Chapter 2001-331, Laws of Florida and Solid Waste Authority of
Palm Beach County (herein referred to as the Authority.)
1. The terms, condition requirements, limitations and restrictions set forth in this
permit, are "permit conditions" and are binding and enforceable pursuant to Palm
Beach County Solid Waste Act.
2. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from
the approved drawings, exhibits, specifications, or conditions of this permit may
constitute grounds for revocation and enforcement action by the Authority.
3. The issuance of this permit does not convey any vested rights or any exclusive
privileges. Neither does it authorize any injury to public or private property or any
invasion of personal rights, nor any infringement of federal, state, or local laws or
regulations. This permit is not a waiver of or approval of any other permit that may
be required for other aspects of the total project which are not addressed in this
permit.
4. This permit conveys no title to land or water, does not constitute recognition or
acknowledgement of title.
5. This permit does not relieve the permittee from liability for harm or injury to human
health or welfare, animal, or plant life, or property caused by the construction or
operation of this permitted source, or from penalties therefore; nor does it allow the
permittee to cause pollution in contravention of Florida Statutes and Department or
Health Unit rules.
6. The permittee shall properly operate and maintain the facility and systems that are
installed and used by the permittee to achieve compliance with the conditions of this
permit, or other permits required by Department rules. This provision includes the
operation of backup or auxiliary facilities or similar systems when necessary to
achieve compliance. with the conditions of the permit and when required by
Department rules.
ITE::M ~
Page# _!/f.L"-
7. The permittee, by accepting this permit, specifically agrees to allow authorized
Authority personnel, upon presentation of credentials or other documents as may be
required by law and at reasonable times, access to the premises where the permitted
activity is located or conducted to:
a. Have access to and copy any records that must be kept uoder conditions of
the permit; upon reasonable prior notice.
b. Inspect the facility, equipment, practices, or operations regulated or required
uoder this permit.
c. Sample or monitor any substances or parameters at any location reasonably
necessary to assure compliance with this permit or Authority rules.
d. Reasonable time and reasonable prior notice ma:y for the above activities
. depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be uoable to comply
with any condition or limitation specified in this permit, the permittee shall
immediately provide the Authority with the following information:
a. A description of and cause of non compliance; and
b. The period of noncompliance, including dates and times; or, if not corrected,
the anticipated time the noncompliance is expected to continue, and steps
being taken to reduce, eliminate, and prevent recurrence of the
noncompliance. The permittee shall be responsible for any and all damages
which may result and may be subject to enforcement action by the Authority
or by the Department for penalties or for revocation of this permit.
9. In accepting this permit, the permittee uoderstands and agrees that all records, notes,
monitoring data and other information relating to the operation of this permitted
source which are submitted to the Authority may be used by the Authority as
evidence in any enforcement case involving the permitted facility arising under the
Florida Statutes or Authority rules. Such evidence shall only be used to the extent it
is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary
rules.
10. The permittee agrees to comply with changes in Authority rules and Florida Statutes
after a reasonable time for compliance; provided, however, the permittee does not
waive any other rights granted by Florida Statutes or Authority rules to challenge the
appropriateness or validity of such changed rules or statutes.
ITEM :..7 F.J ~
Page # .sjza.
11. This permit is transferable only upon Authority approval in accordance with
Authority rules. The permittee shall be liable for any noDccompliance of the
permitted activity until the transfer is approved by the Authority.
12. This permit or a copy thereof shall be kept at the work site of the permitted activity.
13. . Upon request, the permittee shall furnish all records and plans required under
Authority rules. During enforcement actions, the retention period for all records
will be extended automatically unless otherwise stipulated by the Authority.
14. When requested by the Authority, the permittee shall within a reasonable time
furnish any information required by law which is needed to determine compliance
with the permit. If the permittee becomes aware that relevant facts were not
submitted or were incorrect in the permit application or in any report to the
Authority, such facts or information shall be corrected promptly.
SPECIFIC CONDffiONS
Operating P=it Number
No.AE0077Yrl4
The following teiiDB, conditions, limitations, and restrictions set forth in this Part are "Specific
Permit Conditions" and are binding by the Permittee. Enforcement of these conditions shall be
pursuant to the provisions of Chapter 2001-331, Laws of Florida and Authority rules adopted
pursuant thereto.
1. The P=ittee shall, at ill times.pursuant to the issuance of this Operating Permit, comply
with all specific and general conditions listed within this permit and conduct the p=itted
activity in accordance with all applicable regulations and statutes.
2. The P=ittee shall limit the receipt of material to vegetative land clearing, yard waste and
clean wood. Incidental non-vegetative land clearing and non-yard waste or non woody
material which may be contained in materials delivered to the facility shall be removed and
handled by the P=ittee in accordance with applicable law and this permit.
3. The P=ittee shall, at all times pursuant to issuance of this Operating Permit, operate the
site only as a yard waste, vegetative land clearing debris, or clean wood recycling facility.
4. The Permittee agrees to store and/or process yard trash in volumes indicated on the
approved operational site plan.
5. The P=ittee agrees that no non-recyclable residue will remain on the site over 7 days.
6. The P=ittee shall dispose of all incidental Class I or Class ill waste at a Solid Waste
Authority disposal facility.
7. The Permittee shall submit monthly transaction reports detailing the quantity, in tons, or
cubic yards, of material of any kind or type whatsoever received at the site, the total amount
processed, the amount of processed material shipped to users, and the amount of processed
material stored on site, the amount of material not processed, the amount of residue
generated from processing, and the amount of residue and non-processed material disposed.
A copy of the facility report form is attached and hereby made part of the permit.
8. The P=ittee shall keep accurate and verifiable records of all reports and data required by
this permit.
ITEM
Page# . . J . A ~
9. Any Order finding a violation rendered by the Florida Department of Environmental
Protection, the Health Unit, or the City of Pahokee shall constitute a violation of this permit
and shall be grounds for immediate suspension of revocation of this permit at the election of
the Authority Governing Board
ITEM 9 ~ 1 ,
Page #]/ll
YOURPARTNERFOR MONTH
SOLID WASTE SOLUTIONS -------
RECYCLINGFACILITYMONTHLYREPORT
FACILITY : Action Enterprises LLC
PERMIT#: AE 0077 YT14
ADDRESS : 839 Old Belle Glade Road
Pahokee, FL
PHONE: 561-722-9909 CONTACT PERSON : Dan Casey
- TOTAL WASTE RECEIVED :
PROCESSED MATERIAL
specify: (cu. yd. or tons)
Yard Waste/Mulch
Other (specify)
-NON-RECYCLABLE
RESIDUE (cu. yd. or tons)
Class I (garbage)
Class III (trash)
SHIPPED I TO:
___ ! ___ _
____ ! ___ _
___ / ___ _
____ / ___ _
NON-PROCESSED WASTE- Stored
on site at end month (cu. yd. or tons)
STOCKPILED ON SITE
Signed ITEM 9.1. L ..-.
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 #
Application to Operate a Solid Waste
Management FaGllilW
1. Application Date: _n_=-.------,-------
2. Applicant: "'.
Owner(s) cq (t.f-
fo,.M f4 i1 fJ "/) c
3. Mailing Address:
Authorized Agent
Phone Number
4. Facility Name:
Facility Description:
5. Site Location: . 5;
The subject property is located mile(s) from the intersection of
;11 [?J.R 1L and ,JI4J/4: .. ..!.. onthe (f/tp/-f.-
side of J..l 'f2.J/, fL .
6. Service Area: --+B .....
7. Site Information:
'
b) Date site ready to be operational tt/r.1JH f3
c) Estimated site life t-Jif .f?. r&.r
d) Operational Hours ' ; 12 f!Jt1 .fo (.,. ,' /) 0 ft11l
Operational Days fll!}.tu1 J .. '1 ..fh I' .14 5" ttl. f.
e) Designatedusers (J{:W /.qA.JfO.ot(IJ. Jklf.(P/'y
f) Estimated costs of facility construction . I C (!) 6(11J
g) Typeandcostsoffacilityequipment Gr-i4jr
1/',...s:l: t.,J.,.6f ltx:>t3 f... &;
h) Type and cost of any other major eqnipD:J.ent
i) Estimated number of employees !'I
8. Materials Processing Information (Provide detailed quantities at number 9.)
a) Estimated volume : incoming 1.71JO '/?J (P-r Wc>.IVH
(cu. yd. or tons) : recycled ( ll fJ %
: residue ______ _
b) Stockpile size* : raw material --'3'3'- "7'/lc:...t,-'------,---
: processed material _,'---. _____ _
: waste 0

c) Processing area* }I e.
d) MethodofStorage* 0;".L /f!>..J
e)
* fufonnation relating to 8b, c and d ne to be clearly indicated and submitted on an
approved site plan.
9. Proposed. Fees (specify $/cubic yd. or ton)
a) residential "f (, .:>0 C.uh .'t- y11 C and D ___ - ______ _
commercial f? YO , r ,- white goods ---=---=-------
industrial f C, c;.D " biomedical ________ _
sludges yard trash
chemical _______ _
tires
steel ____ -- ____ _
corrugated -------------
non-ferrous ____ ___.--- _ _;_ __ _
other ----=----------------
b) Description of relcaimed materials
Type
L #ct. L e..h
' .;
2. 2,-.,.fo
3.
4.
5.
6.
Potential Markets
{a.,e .../--

L,L 5.. ,-L .
>
10. Submit written approval, applicable pennit, proof of exemption that no permit is required,
from the following agencies.
Palm Beach County Health Department (561) 355-3023
Water Management District
Department ofEnvironmental Protection (561) 681-6669
Palm Beach County or Municipal Planning, Zoning and Building
Palm Beach County or Municipal Fire Inspector's Office
For SWA Office use Only
Type of permit ______ Bond amount (if applicable) _____ _
ITEM 9.1./ A
Page # ,. },,_
. 12/01
June 10,2013
Dan CIISey
Action Enteiprise, LLC
246EMAINST
PAHOKEE FL 33476
Dear Dan Casey:
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair SlOne Road
Tallahassee, Florida 32399-2400
Rick Scott
Uovcrnor
Hcr;cbcl T. Vinyord Jr.
Sccrchny
Your registration application for Action Enterprise Lie, located at 857 BELLE GLADE
RD 2, PAHOKEE, in Palm Beach County has been received. The application indicated
this facility is operating as a:
Yard Trash Transfer Station
X Yard Trash Recycling Facility
....... Manure Blending Operation
Vegetative, Animal Byproducts or Manure Composting Facility
And processing the following:
.X. Yard trash (including clean wood)
Manure
. . Animlli byproducts (compos ling)
. Vegetative wastes (composting)
-Pre-consumer vegetative ( composting)
The registration application is complete, and is valid until August I, 2014. The WACS
identification number for this facility is 00101313. The receipt number for the
registnltion fee you paid is 818788.
You must comply with the requirements specified in Rule 62-709.320, and Rules 62-
709..330 or 62-709..350, Florida Admini&trative Code (F.A.C.), in order to maintain
qualification for the registration program. A sururnary of the operating requirements is
enclosed.
r.nn rm
June 10, 2013
DIIII Casey
Page 2 of2
If you need further information, please contact the Division ofWaste Management,
Waste Registration Section at the above address, Mail Station 4550, telephone 850/245-8707,
or email Lauren.OConnor@dep.state.fl.us.
Sincerely,

Lauren O'Connor
Planner I
Enclosure
cc: Amede Dimmonay, Southeast District
YH H: r.t Ct07./Ct/AO
Requlrf!menta for source-separated organios facilities qualifying for registration- Chapter 62709, F.A.C.
I Ru\e/Referenoed Rule I Provision
?age1 af 1
YV.1 H: C1 CTO?./Ct/90
Apr. 4. 20\3 4:22PM
PHONE: (561}'924-5534
OTY OF PAHOKEE
207 BEGONIA DRJVE
PAHOKEE, FLORIDA 33476
No. 9883 P. 2
FAX: (561)-92+7301
BUSINESS TAX RECEIPT APPLICATION
Bualf18Sll Name;
Natura of Buslnao: OD you ntnt, l&&sl>, or l>\lln tha property?
':.eif
.
Number ol Employoo ..
/5
If rent Of leaS&d proptlrty gil/A property namt: Property T "'""hone NumbC. .

c "?.;- '1-- '.)- s-0
I hersby alflrm lhsl an th& infDTmotlot11 ova givvn ls true end <iorTect ant hat any lal lnfDinlalion
glllfln could r in the. denial olll\e BuslnBSS Tax Receipt.
Oatil!
INSPECTIONS AND API>JtoVAI.S
(FOR OFFICE USE ONLY)
Dills:
7!!. S"f <t
7U I > .;r,'f'
,
ITEM
Page#
.,
i
i
i
I
1
'
i
Tnnf1JI
YV . .f CT01./A7./TT
.
'
.Tt_'IVI
r.:.
Page# .L '
January 8, 2014
Eddie Boswell
PBC Fire Rescue
405 Pi"ke Road
PahnBeach. FL 33411
Re; Action Enterprises
Operating Permit
Dear Mr. Boswell:
Date: 1/8/201412:28:52 PM
YOUKPAIO'l'ERPOR
!;OUD WASTB SOLUTIONS
The Solid Waste Authority of Palm Beach County is in receipt of a request from Action
Enterprises, LLC for an opernting pem:Ut that allows for tbl:: mulching of yard trash, clean
lumber and vegetative land clearing recycling. The facility is located at 8571 Old Belle
Glade Road, Paho.kee, FL.
Jn the spnce provided below, please provide your agency's connnents in response to the
issuance of this operating permit. Please :return this form to this office (Fmr. #561-640-
3400 or e-mail kberg@swa.org) no later than 5:00PM, Friday, J8l1Ulll'y 17, 2014
. Tba:l:!k you for your pr0111pt attention to this matter.
Sincerely,
Please cli.Sck ( -.1' ) more than one as appllQ!lble
[ VJ Do not object to the proposed permit issuance/renewal.
[ 1 Object to the proposed pennit issuance/renewal.
[ ] COillments provided below.
Couunents: ______
(Use additio,nal:heet if :needed)
Signature: i, t Date: CJ )0'/5- tt.f
Title: lTEM
Page# J.:1!-
7501 Narth Road. Wast Palm llaaah, 33412 (5&1) 6404GIIO FAX (561) 640-34110 -,.,.
This fax was recerved by GFI FaxMaker fax server. For more information, visit http://www.gfi.com
January 8, 2014
Erica Washington
City of Pahokee
Zoning Department
207 Begoi:Iia Drive
Pahokee, FL 33476
Re: Action Enterprises
Operating Permit
Dear Ms. Washington:
YOUR PARTNER FOR
l/8/14
Enterprises, LLC for an operating permit that allows for the mulching of yard trash, clean
Glade Road, Pahokee, FL.
1n the space provided below, please provide your agency's comments in response to the
issuance of this operating permit. Please return this form to this office (Fax #561-640-
3400 or e-mail kberg@swa.org) no later than 5:00PM, Friday, January 17, 2014
Thank you for your prompt attention to this matter.
Sincerely,

KenBerg CJ
Special Programs Manager
Please check (.f) more than one as applicable
[ ] Do not objeot to the proposed permit issuance/renewal.
[ 1 Object to the. proposed permit issuance/renewal.
[ v1 Comments provided below.
(Use additional sheet if needed)

750'1 Norih .log Road, Wcsi Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400
Ken Ber
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning, Ken:
Randall.Miller@flhealth.gov
Friday, January 24, 2014 10:53 AM.
Ken Berg
Thomas.Tittle@flhealth.gov
Action Enterprise Comments
2014-1-24 SWA Rspns Rqsts (Action Enterprises).pdf
Sorry for the delay on this one; Craig and I were out to the facility yesterday, comments attached. There is a residential
community to the south off of s7'h Street in Pahokee, but Dan Casey indicated he only expects 5-7 trucks per day; they
will be accessing the site off of 87'h so they will be entering through the north end of the community. The wood grinder
will be a 60 ton/hr grinder so we will be watching for dust control and to see if it has a throw zone (tub grinders do, this
is a horizontal line grinder that Dan indicates has no throw zone). The only other concern would be noise, but that
would be a local issue for either Pahokee or PBC Code Enf.
Have a good 'weekend.
Randy
Sincerely,
For the Division Director,
Environmental Public Health,
:Ji,aml"aff ;;({iffer
Randall B. Miller, REHP
Environmental Supervisor II
Air and Solid Waste Program
Florida Department of Health
Palm 81;3ach County
P. 0. Box 0029
BOO Clematis Street
WPB, FL 33402-0029
Office: 561-837-5956
Fax:: 561-837-5295
Randaii.Miller@flhealth.gov
Randall Miller@doh.state.fl.us
1
ITEM 9.F.
Page # J!1/n-
Mission:
To protect. promote & improve the health
of all people In lhrough lntegrnted
. state, county & community efforts.
January 24, 2014
Mr. Ken Berg
7501 North Jog Road
KBerg@swa.org
Ft'oM:ra
HEALTH
VIsion: To be lhe Healthiest state in the Nation
Rick Scott
Governor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
Re: Inter-Agency Pemnit Renewal Comment Requests Issued on January 8, 2014 for Return by
January 17, 2014.
Dear Mr. Berg:
I have attached the Florida Department of Health Palm Beach County (the Health Department) Air and
Solid Waste program's permit renewal comments for the following facilities:
___ Aquarius Development, LLC Atlas Peat & Soil, Inc. D. M. S. Wood Farms
___ Mack & Son Eastwood Mulch Paim Bch Wood Products
___ Sun Recycling IV __ Sun Recycling V __ Sun Recycling IX
___ D. S. Eakins-Lake Worth D. S. Eakins-Lake Park __ D. S. Eakins-West Palm Beach
___ GPRA Thoroughbred Center B. G. Katz-Lox Road _M_ Action Enterprise
If you have any questions, please let me know either by email or phone number, both listed below.
Sincerely,
For the Division Director,
Environmental Public Health,

Randall B. Miller, REHP
Environmental Supervisor II
Air and Solid Waste Program
PH: 561-837-5956
Randaii.Miller@flhealth.gov
Florida Departmant of Hlth
AIR POLLUTION CONTROL
Each facility is required to remain in compliance with the State of Florida's
General Pollution limiting standards, which includes unconfined emissions of
Particulate Matter and Objectionable Odors. The Health Dept. would address any
deficiencies with a facility as they occur. The Health Dept. believes that each
facility has reasonable control technology available and would expect this facility
to employ that technology so the facility would be able to operate in compliance of
these rules.
SOLID WASTE PERMITSHSSUES
Each facility is required to remain in compliance with the State of Florida's current
Solid Waste Management Regulations. The Dept. would address any
deficiencies With the facility as they occur. The PBCHD believes that each facility
has reasonable control technology available and would expect this facility to
employ that technology so the facility would be able to operate in compliance of
these rules.
Palm Beach County, Division of Environmental Public Health
P.O. Box 29, BOO street. West Palm Beach, FL 33402
PHONE: 561-837-5900 FAX: 561-837-5294
January 8, 2014
Randy Miller
PBC Health Department
P.O.Box29
Operating Permit
To Mr. Miller:
YOUR PARTNER FOR
EtW. PUBLIC HEAL1H
JAN -9 tO: 31
Enterprises, LLC for an operating permit that allows for the mulching of yard trash, clean
Glade Road, Pahokee, FL.
In the space provided below, please provide your agency's comments in response to the
issuance of this operating permit. Please return this form to this office (Fax #561-640-
3400 or e-mail kberg@swa.org) no later than 5:00PM, Friday, January 17, 2014
Sincerely,
\LSG"?.
KenBerg
Please check ( v' ) more than one as applicable
[ ] Do not object to the proposed permit issuance/renewal.
[ } Object to the proposed permit issuance/renewal.
[ ,/] Comments provided below.
(Use additional sheet if needed)
Signature: -ij;JJ,
Title: [;, v:Jtflt, ,f(jjt1
Date: __ ::.....
r
7
1Tl::M .1.
Page# Zl zz.
7501 North Jog Road, West Palm Beach, Florida 33412 (561)6404000 FAX (561)6403400
A'" :CI;!d Paper
January 8, 2014
Randy Miller
PBC Health Department
P.O. Box29
Operating Permit
To Mr. Miller:
YOUR PAIITNBR FOR
SOLID WASTE SOWTIONS
I
/'2--
The Solid Waste Authority ofPalm Beach County is in receipt of a request from Action
Enterprises, LLC for an operating permit that allows for the mulching of yard trash. clean
lumber and vegetative land clearing recycling. The facility is located
Glade Road, Pahokee, FL. /
In the space provided below, please provide your agency's comments in response to the
issuance ofthis operating permit. Please return this form to this office (Fax #561-640-
3400 or e-mail kberg@swa.org) no later than 5:00PM, Friday, January 17,2014
Sincerely,
Ken Berg
Please check (.t') more than one as applicable
[ /] Do not object to the proposed permit issuance/renewal.
[ J Object to the proposed permit issuance/renewal.
[ V'] Comments provided below.
Date:
7501 Norlb Jog Road, West Palm Beach, Florida 33412 (581) 640-4000 FAX {5811640-3400
--
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR PARTNER FOR
SOLID \VASTE SOLUTIONS
Bonus Program Report- 2012/13 FY
Award an Employee Bonus of 2.68%.
March 18, 2014
Replenish the Exec. Director's Discretionary Fund.
We are pleased to report that the goals required to earn a bonus for Fiscal Year
2012/13 have been met. Those goals are: 1) Rate Level Maintenance; 2) Guaranteed
Tonnage to REF#1; and 3) Save Money.
Rate Level Maintenance has been the primary goal under all versions of this program
from its inception. The tonnage guarantee was included to incentivize the delivery of the
maximum processible amount of waste to REF#1, the Authority's primary means of
disposal, and the Financial Performance Measure is designed to indicate if those efforts
were performed efficiently.
Results:
Rate Level Maintenance
The annual assessment rates for the 2013/14 FY are the same as the prior year with
the exception of the Multi-Family Assessment which increased $1 and the Commercial
High Generator Assessment which increased by $0.007/sq ft. These increases resulted
from the addition of a Reverse Osmosis Water Plant budgeted at $5,000,000 while only
increasing the contribution from the General Reserve by $3,165,130. Had an additional
$880,000 been drawn from the General Reserve for a total contribution of $4,045,130,
the assessment rates would have all been equal to or less than the prior year (rate
comparison attached). The Policy does allow for rate increases if they are the result of
system expansions. ITf::M 9, &.L.
Page# ..Lj5-
March 18, 2014
Page 2
Guaranteed Tonnage to REF#1
REF#1 processed 900,310 tons of solid waste which substantially exceeds the
program's requirement of 780,000 tons.
Save Money
The Authority's employees and staff spent less than the amount budgeted for operating
purposes resulting in program defined savings of $9,512,764.
Bonus Program Distributions
In accordance with the program, the employees have earned a bonus equal to 3% of
their pay less $65,535 for money spent on motivation and recognition which nets out as
a 2.68% bonus. Additionally, the program provides for the same amount, or less, to be
deposited in the Executive Director's Discretionary Fund. That fund may not exceed
$500,000 so the deposit at this time would be $233,401.
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Chief Finance Officer:
Bonus payments are paid from the General Reserve from
the surplus deposited at the end of the fiscal year and,
thereby, have no effect on the current budget.
Schedule of Comparative Rates
Schedule of Total Program Savings
Date: _____ _
(as required)
-=------------.,.-----' Date: _____ _
Legal Counsel:
(as required)
Managing Director:
Executive Director: -
Tipping Fees
Import
Garbage/Trash
Construction/Demolition
Tires
C/D Residue
Vegetation
Residential Assessment
Single Family
Multi-Family
Mobile Home
Governmental
Comm'l Assess ($ per sq ft)
Commercial-Low
J?
JQ OOmmerciai-High
CD
Tonnage
al General Reserve Contribution
. Coverage
tet'Cost per Ton
2013/14 Adopted Budget
Worksheet
Modification Input
Tip Fee Change
Gen Res Contribution
R&R/Cap
Import (tons) I
2013 Adopted
N/A $0
$42 $42
$40 $45
$190 $190
$21 $21
$25 $25
$174 $174
$99 $100
$167 $167
$159 $157
$0.081 $0.081
$0.214 $0.214
$1.140 $1.147
$0.011 $0.011
1,090,000 1,120,000
$7,999,335 $11 '164,467
1.46 1.46
$159.08 $156.70
$0
$70,000
$0
0
Change
13%
1%
-1%
1%
2.75%
39.57%'
-1.50%
$5
$1
($2)
$0.007
30,000
$3,165,132
($2.38)
Tipping Fees
Import
Garbage/Trash
Construction/Demolition
Tires
CID Residue
Vegetation
Residential Assessment
Single Family
Multi-Family
Mobile Home
Governmental
Comm'l Assess ($ per sq ft)
."0
D) ecJmmerciai-Med
ifQ B3'mmerciai-High
(1)
geted Tonnage
General Reserve Contribution
Service Coverage
Cost per Ton
2013/14 Adopted Budget
Worksheet
Modification Input
Tip Fee Change
Gen Res Contribution
R&R/Cap
Import (tons) I
2013 Adopted
N/A $0
$42 $42
$40 $45
$190 $190
$21 $21
$25 $25
$174 $174
$99 $99
$167 $167
$159 $156
$0.081 $0.080
$0.214 $0.212
$1.140 $1 '140
$0.011 $0.011
1,090,000 1,120,000
$7,999,335 $12,044,467
1.46 1.45
$159.08 $155.91
$0
$950,000
$0
0
Change
13%
-2%
-1%
-1%
2.75%
50.57%
-1.99%
$5
($3)
($0.001)
($0.002)
30,000
$4,045,132
($3.17)
- - -
- -
--
AMENDED
DESCRIPTION ANNUAL
BUDGET
REVENUES;
Special Assessment:
Disposal $ 157,544,771
Collection 41,434,175
Tipping Fees:
Class I & Ill 22,397,799
CID 1,800,000
C/D Recycling Residue 1,007,998
Fill
Tires 234,002
Comm'l. Vegetation
.
Direct Landfill( Class A) 195,000
Dewatered Sludge 4,108,030
Special Handling(Ciass B)
-
Sub-Total Tipping Fees 29,742,829
Other Revenues:
Electric Sales 17,538,391
Recyding Revenue 8,278,729
Lease Income 447,844
C.O. Billing Disposal 115,000
c.o. Billing Collection 75,000
Roll Off Revenue
Franchise Hauler Fees 1,631,064
Compost Contract 831,335
Compost Sales
-
Permit Application Fees -
CESQG Revenue
-
County Cleanup Offset
-
Interest Income 500,000
Mise
BPF Capital COntribution
Sub-Total Other Revenues 29,417,353
TOTAL REVENUES 258,139,138
EXPENSES:
Operating Expenses:
SWA Operating Expense 71,070,813
REF#1 Contract Fees 37,147,410
RMPF Contract Fees 4,719,450
Pelletlzer Contract Fees 4,603,410
Collection Contracts 46,009,176
Total Operating Expense 163,550,259
Net Operating Income 94,588,879
Non-Oper. Exp:
Debt Service Expense 62,141,100
Subordinated Debt 5,000,000
Defeasance Program 24,355,000
Operating Reserve 810,317
Renewal & Replacement 21,993,740
Capital Improvement 2,178,069
Net Exp 116,478,226
Revenue Funded Net lnc/(Loss) $ (21,889,347
RESERVES INCI(DEC):
Collection Reserve $ (2,868,937)
UF Mgl Escrow
General Reserve (19,020,410)
Reinventing Government Status Report
Fiscal Year 2013
:YTD ' ./- ':_ ;, : ,, -
BIJDGET ' , , :. ''::... ,. -. , ' -,.
- -.- -- '-- , !jON - _' -'.:REINVENT - -. :.".-,
MONTH _ t / REINVENT ' -. "'' ; : ITEMS . 'REINVENT
12 A_CTUA" _- VARIANCE , _AMOUNT_ _; _3_!).00%,. , 100% -. f: TPTA!z _
157,544,771 $ 158,735,905 $ 1,191,134 $ 833,794 $ 357,340 $ 357,340
41,434,175 41,333,229 (100,946) (100,946) NIA
22,397,799 18,764,996 (3,632,803) (2,542,962) (1,089,841) (1,089,841)
1,800,000 1,847,818 47,818 33,473 14,345 14,345
1,007,998 1,827,812 819,814 573,870 245,944 245,944
- 353,306 353,306 247,314 105,992 105,992
234,002 130,724 (103,278) (72,295) (30,983) (30,983)
-
656,811 656,811 459,768 197,043 197,043
195,000 138,879 (56,121) (39,285) (16,836) (16,B36)
4,108,030 4,204,668 96,638 67,647 28,991 28,991
-
975 975 6B3 293 293
29,742,829 27,925,990 (1 ,816,B39)
.
17,538,391 20,481,936 2,943,545 2,943,545 NIA
8,278,729 9,060,966 782,237 782,237 NIA
447,844 523,494 75,650 75,650 NIA
115,000 195,713 80,713 56,499 24,214 24,214
75,000 118,272 43,272 43,272 NIA
- 70,000 70,000 70,000 N/A
1,631,064 1,380,269 (250,795) (250,795) NIA
831,335 831,334 (1) (1) NIA
- ' - ' NIA
- 18,000 18,000 18,000 NIA
- 19,836 19,836 19,836 NIA
-
-
.
- NIA
500,000 286,762 (213,238) (213,238) NIA
1,231,658 1,231,658 1,231,658 NIA
2,490,891 2,490,891 2,490,891 NIA
29,417,363 36,709,132 7,291,768
258,139,138 264,704,256 6,565,117
71,070,813 61,;394,551 9,676,262 - 9,676,262 9,676,262
37,147,410 34,894,140 2,253,270 2,253,270 NIA
4,719,450 4,727,178 [7,728) (7,728) NIA
4,603,410 4,472,954 130,456 130,456 NIA
46,009,176 46,349,857 (340,681 (340,6B1) NIA
163,550,259 151,838,68'1 11,711,579
94,588,879 112,865,576 18,276,696)
62,141,100 62,141,074 26 26 NIA
5,000,000 4,570,389 429,611 429,611
NIA
24,355,000 24,317,745 37,255 37,255 NIA
810,317 810,317
- -
-
21,993,740 7,461,042 14,532,698 14,532,698 NIA
2,178,069 2,569,529 (391,460 (391 ,460) NIA
116,478,226 101,870,096 14,608,130
$ 21 ,889,347) $ 10,995,480 $ 32,884,827
$ (2,86B,937) $ (3,518,0B7) $ (649,150)
(19,020,410) 14,513,567 33,533,sn
Budget Balance $ 21,889,347) $ 21 ,B89,347) $ 10,995,480 $ 32,884,827 $ 23,372,061 $ 163,498
$ 9,676,262 $ 9,512 764
Notes:
(1) Motivation/Recognition Payments
Recognition (55407) $
Motivation (55405)
Incentive
49,112
14,423
0
Actual Defined Savings
25% Employee Share
Bonus Calculation:
Deduct from the Bonus Amount
Total Salaries
MaXimum Bonus %
Maximum Bonus $
I T
L.- M Lesser of 25% Share or Max Bonus $> Gross Bonus
C a w ' v- Motivation/Recognition
\a i Net Bonus
Paj;!e #
%of Salary
$ 9,512,764
$ 2,378 191
$ 19,882,200
0.03
$ 596,466
l 596,466
'(63,535)
$ 532 931
2.68%
MEMORANDUM
TO:
SUBJECT:
RECOMMENDATION:
BACKGROUND:
YOUR Pi\RTNER FOR
SOLID \V1'\STE SOU TIONS
Contract for Financial Advisory Services
March 20, 2014
Approve the Contract with Public Financial Management,
Inc. (PFM) for Financial Advisory Services
Having been advised by our current financial advisor (FA), Spectrum Municipal Services,
Inc., that their firm was going to perform as an SBE with PFM and learning that Palm
Beach County has officially procured the services of PFM as its FA, we recommend that
the Authority piggyback the County's contract.
PFM has the background, experience, and capability to offer a full package of financial
consulting assistance well beyond acting as FA for the issuance of debt. Considering the
array of possibilities, these services would be offered at rates to be negotiated as the
needs arise.
Their proposal includes a rate sheet for debt issuance similar to the latest schedule
approved for Spectrum Municipal Services, Inc. Although their maximum fee for any
successful bond issue is $90,000 vs. Spectrum's $70,000 and the fees vary somewhat
through the levels of debt issued, these differences are largely immaterial and reflect, to
some degree, the substantial differences in firm size, experience, and capability.
It includes a fixed flat fee of $1,500 per month covering the need for general assistance
without the need for extensive record keeping and billing and seems quite reasonable.
ITEM ~ G .
Page# J/n-
BUDGET IMPACT:
ATTACHMENTS:
REVIEWS:
Director:
Chief Officer:
Chief Financial Officer:
(as required)
Legal Counsel:
(as required)
Executive Director:
March 20, 2014
Page 2
Fees for debt issued are included in bond proceeds and the
budget will have sufficient funds for the fixed flat fee. Any other
seNices required would likely be covered by the budget or
Staff would seek the appropriate approval.
Draft Contract for Financial Advisory SeNices, 14-240
Date:
Date: .:::/u/i<!-
, Date:
Date: J ~
Date:
3/Yc r-t--
Date:
'Jh,fLr
ITEM 9.E.l,
Page# aji.L.
YOUR PARTNER FOR
SOUD WASTE SOLUTIONS
AGREEMENT FOR
FINANCIAL ADVISORY SERVICES
BETWEEN
THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
AND
PUBLIC FINANCIAL MANAGEMENT, INC.
AGREEMENT NO. 14-240
ITEM 9. '

DRAFT
TABLE OF CONTENTS
ARTICLE
1. Services ........................................................................................ 1
2. Order of Precedence ..................................................................... !
3. Schedule ....................................................................................... 1
4. Payments to Consultant ................................................................ 1
5. Inspector General ......................................................................... 2
6. Truth-In-Negotiation Certificate .................................................. 2
7. Termination .................................................................................. 3
8. Personnel ...................................................................................... 3
9. Small Business Enterprises Sub-Contracting ............................... 3
10. Federal and State Taxes .............................................................. .4
11. Availability ofFunds ................................................................... .4
12. Insurance Requirement. ............................................................... .4
13. Indemnification ............................................................................ 6
14. Successors andAssigns ................................................................ 6
15. Remedies ...................................................................................... 6
16. Conflict of Interest ....................................................................... 7
17. Excusable Delays ......................................................................... 7
18. Arrears .......................................................................................... 7
19. Disclosure and Ownership ofDocuments .................................... 7
20. Independent Consultant Relationship ........................................... 8
21. Contingent Fee ............................................................................. 8
22. Public Records, Assess and Audits .............................................. 8
23. Nondiscrimination ........................................................................ 9
24. Authority to Practice .................................................................... 9
25. Severability .................................................................................. 9
26 Public Entity Crimes .................................................................... 9
27. Scrutinized Companies ................................................................. 9
28. Modifications ofWork ............................................................... lO
29. Notice ......................................................................................... lO
3 0. Entirety of Contractual Agreement ............................................ 10
31. Regulations I Licensing Requirements ....................................... !!
Contract Execution ..................................................................... 12
EXHIBITS
A. Scope of Work/Services ............................................................. 13
B. Fee Schedule .............................................................................. 17
C. SBE Plan .................................................................................... 18
ITEM ~ G 2., .
contractNo.l4-240 Page # .!!J-ll
DRAFT
FINANCIAL ADVISORY SERVICES
This Contract No. 14-240 is made as of this_ day of 2014, by and between Solid Waste
Authority of Palm Beach County, a political subdivision of the State of Florida, by and through its
Governing Board, hereinafter referred to as the AUTHORITY, and Public Financial Management, Inc.,
located at Two Logan Square, Suite 1600, Philadelphia, PA 19103-2770, a corporation authorized to do
business in the State of Florida, hereinafter referred to as the CONSULTANT.
In consideration of the mutual promises contained herein, the AUTHORITY and the CONSULTANT
agree as follows:
ARTICLE 1 - SERVICES
The CONSULTANT'S responsibility under this Contract is to provide fmancial advisory services for
general and special obligation debt transactions and services related to the issuance of bonds, notes,
certificates or other financial instruments as well as on-going financial advisory services to the Finance
Dept., in accordance with the Scope of Work/Services and in the Fee Schedule, attached hereto and made
a part hereof as Exhibit A, and Exhibit B, and/or as may be specifically designated and authorized by the
AUTHORITY. Such authorizations which will be referred to as Consultant Services Authorizations
(CSA) shall each set forth the specific services required, negotiated compensation, and the completion
date.
The AUTHORITY'S representative/liaison during the performance of this Contract shall be Paul Dumars,
Director of Finance Services, telephone number (56!) 640-4000 or designee.
The CONSULTANT'S representative/liaison during the performance of this Contract shall be David M.
Moore, telephone number (561) 406-5751
ARTICLE 2- ORDER OF PRECEDENCE
Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (!)
the provisions of the Contract, including Exhibit A and Exhibit B; (2) the provisions of RFP No. !3-
096/DP and all Amendments thereto, which are incorporated into and made a part of this Contract; and
(3) all other documents, if any, cited herein or incorporated herein by reference.
ARTICLE 3 - SCHEDULE
The CONSULTANT shall commence services upon execution of this contract and complete all services
by February 2, 2017, with one (!) two (2) year option for renewal at the sole discretion of the
AUTHORITY.
Reports and other items shall be delivered and/or completed in accordance with Exhibit A.
ARTICLE 4- PAYMENTS TO CONSULTANT
A. The AUTHORITY agrees to compensate the CONSULTANT in accordance with the fee
schedule set forth in Exhibit B attached hereto and incorporated by reference herein. In addition,
the parties may negotiate a lump sum or not-to-exceed amount on a per-project basis on an
individual CSA. Travel, lodging and meals for visits with rating alTt:Mew y ~ ..
ContractNo.14-240 Page 1 of18 Page #
DRAFT
the only reimbursable costs and shall be itemized and invoiced separately. Any such reimbursable
costs must be authorized in advance by the AUTHORITY'S Director of Finance or designee .
. B. Invoices received from the CONSULTANT pursuant to this Contract will be reviewed and
approved by the AUTHORITY'S representative, indicating that services have been rendered in
conformity with the Contract. Approved invoices will be sent to the Finance Department for
payment. Invoices will normally be paid within thirty (3 0) days following the AUTHORITY
representative's approval.
C. All requests for payment of expenses eligible for reimbursement under the terms of this Contract
shall include copies of paid receipts, invoices, or other documentation acceptable to the
AUTHORITY'S Finance Department. Such documentation shall be sufficient to establish that
the expense was actually incurred and necessary in the performance of the Scope of Work
described in this Contract. Any travel, per diem, mileage, meals, or lodging expenses which may
be reimbursable under the terms of this Contract will be paid in accordance with the rates and
conditions set forth in Section 112.061, Florida Statutes.
D. Final Invoice:. In order for both parties herein to close their books and records, the
CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the
AUTHORITY. This shall constitute CONSULTANT'S certification that all services have been
properly performed and all charges and costs have been invoiced to the AUTHORITY. Any
further charges, if not properly included on this fmal invoice, are waived by the CONSULTANT.
ARTICLE 5 -INSPECTOR GENERAL
Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009-049
which is authorized and empowered to review past, present and proposed AUTHORITY contracts,
transactions, accounts and records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for
Inspector General Services. This agreement provides for the Inspector General to provide services to the
AUTHORITY in accordance with the authority, functions and powers set out in the Palm Beach County
Office of Inspector General Ordinance. All parties doing business with the AUTHORITY and receiving
AUTHORITY funds shall fully cooperate with the Inspector General including providing access to
records relating to this agreement. The Inspector General has the power to subpoena witnesses, administer
oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the
CONSULTANT, its officers, agents, employees, and lobbyists in order to ensure compliance with
contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or
interference or impeding any investigation shall be in violation of Ordinance 2009-049, and punished
pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
ARTICLE 6- TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Contract by the CONSULTANT shall also constitute the execution of a truth-in-
negotiation certificate certifYing that the wage rates, over-head charges, and other costs used to
determine the compensation provided for in this Contract are accurate, complete, and current as of the
date of the Contract and no higher than those charged the CONSULTANT'S most favored customer for
the same or substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY
determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates
or due to inaccurate representation(s) of fees paid to outside contractors. The AUTHORITY shall
exercise its rights under this Article 6 within three (3) years following final payment.
Contract No. 14-240 Page 2 of 18

DRAFT
ARTICLE 7- TERMINATION
This Contract may be terminated by the CONSULTANT upon sixty ( 60) days prior written notice to the
AUTHORITY in the event of substantial failure by the AUTHORITY to perform in accordance with the
terms of this Contract through no fault of the CONSULTANT. It may also be terminated, in whole or in
part, by the AUTHORITY, with cause upon five (5) business day's written notice to the CONSULTANT
or without cause upon ten (10) business day's written notice to the CONSULTANT. Unless the
CONSULTANT is in breach of this Contract, the CONSULTANT shall be paid for services rendered to
the AUTHORITY'S satisfaction through the date of termination. After receipt of a Termination Notice,
except as otherwise directed by the AUTHORITY, in writing, the CONSULTANT shall:
1. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
3. Transfer all work in process, completed work, and other materials related to the
terminated work to the AUTHORITY.
4. Continue and complete all parts of the work which have not been terminated.
ARTICLE 8- PERSONNEL
The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Contract. Such personnel shall not be employees of or have
any contractual relationship with the AUTHORITY.
All of the services required hereinunder shall be performed by the CONSULTANT, or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if required,
authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the CONSULTANT'S key personnel must be made known to the
AUTHORITY'S representative and written approval must be granted by the AUTHORITY'S
representative before said change or substitution can become effective.
The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to
the highest professional standards in the field. All of the CONSULTANT'S personnel (and all
subcontractors) will comply with all AUTHORITY requirements governing conduct, safety, and security
while on AUTHORITY premises.
ARTICLE 9- SMALL BUSINESS ENTERPRISES SUBCONTRACTING
The AUTHORITY reserves the right to accept the use of a subcontractor, or to reject the selection of a
particular subcontractor, and to inspect all facilities of any subcontractors in order to make a
determination as to the capability of the subcontractor to perform properly under this Contract. The
CONSULT ANT is encouraged to seek additional small business enterprises (SBE) for participation in
subcontracting opportunities. If the CONSULTANT uses any subcontractors on this project, the
following provisions of this Article shall apply.
If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to
replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do
so, subject to acceptance of the new subcontractor by the AUTHORITY.

DRAFT
The Governing Board of the Authority has set 15% as the Authority's goal for SBE participation in
contracts and purchases,
The CONSULTANT understands that each SBE firm utilized on this Contract must be certified in
accordance with the AUTHORITY'S SBE policy in order to be counted toward the SBE participation
goal.
The AUTHORITY will require periodic documentary proof, acceptable to the AUTHORITY, of the
utilization of certified SBE subcontractors.
The CONSULTANT further agrees to provide Purchasing with a copy of the CONSULTANT'S contract
with any certified SBE subcontractor or any other related documentation upon request.
The CONSULTANT will only be permitted to replace a certified SBE subcontractor who is unwilling or
unable to perform. Requests for substitutions of SBE's must be submitted to the AUTHORITY'S
Purchasing representative.
The CONSULT ANT understands that he/she is prohibited from making any agreements with the SBE in
which the SBE promises not to provide subcontractors quotations to other proposers or potential
proposers.
The CONSULT ANT agrees to maintain all relevant records and information necessary to document
compliance.
ARTICLE 10- FEDERAL AND STATE TAX
The AUTHORITY is exempt from payment of Florida State Sales and Use Taxes. The AUTHORITY
will provide an exemption certificate to the CONSULTANT. The CONSULTANT shall not be exempted
from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the
AUTHORITY, nor is the CONSULTANT authorized to use the AUTHORITY'S Tax Exemption Number
in securing such materials.
The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll,
payroll taxes, and benefits with respect to this Contract.
ARTICLE 11 -AVAILABILITY OF FUNDS
The AUTHORITY'S performance and obligation to pay under this Contract is contingent upon an annual
appropriation for its purpose by the AUTHORITY'S Governing Board.
ARTICLE 12 -INSURANCE REQUIREMENTS
It shall be the responsibility of the CONSULTANT to provide evidence of the following minimum
amounts of insurance coverage to Solid Waste Authority of PBC, c/o Purchasing Department, Attention:
Barbara Novello, Contract Specialist.
The CONSULTANT shall, on a primary basis and at its sole expense, maintain in full force and effect, at
all times during the life of this Contract, insurance coverages and limits (including endorsements) as
described herein. Failure to maintain the required insurance will be considered default ofthe Contract.
The requirements contained herein, as well as AUTHORITY'S review or acceptance of insurance
maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by CONSULT ANT under the Contract.
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CONSULTANT shall agree to provide the AUTHORITY with at least thirty (30) day's prior notice of
any cancellation, non-renewal or material change to the insurance coverages. Further, CONSULTANT
shall agree that all insurance coverage required herein shall be provided by CONSULTANT to
AUTHORITY on a primary basis.
A. Commercial General Liability: CONSULTANT shall maintain Commercial General Liability
at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any
endorsement(s) excluding Contractoal Liability or Cross Liability.
B. Business Auto Liability: CONSULTANT shall maintain Business Auto Liability at a limit of
liability not less than $500,000 Each Occurrence for all owned, non-owned, and hired
automobiles. In the event CONSULTANT owns no automobiles, the Business Auto Liability
requirement shall be amended allowing CONSULTANT to maintain only Hired & Non-Owned
Auto Liability. If vehicles are acquired throughout the term of the contract, CONSULTANT
agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended
requirement may be satisfied by way of endorsement to the Commercial General Liability, or
separate Business Auto coverage form.
C. Workers' Compensation Insurance & Employer's Liability: CONSULTANT shall maintain
Workers' Compensation & Employer's Liability in accordance with Florida Statote Chapter 440.
D. Professional Liability: CONSULTANT shall maintain Professional Liability, or equivalent
Errors & Omissions Liability, at a limit of liability not less than $5,000,000 Per Occurrence.
When a self-insured retention (SIR) or deductible exceeds $10,000, AUTHORITY reserves the
right, but not the obligation, to review and request a copy of CONSULTANT'S most recent
annual report or audited financial statement. For policies written on a "Claims-Made" basis,
CONSULTANT warrants the Retroactive Date equals or preceded the effective date of this
Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form,
retroactive date advanced, or any other event triggering the right to purchase a Supplement
Extended Reporting Period (SERP) during the life of this Contract, CONSULTANT shall
purchase a SERP with a minimum reporting period not less than three (3) years. The requirement
to purchase a SERP shall not relieve the CONSULTANT of the obligation to provide replacement
coverage. The Certificate of Insurance providing evidence of the purchase of this coverage shall
clearly indicate whether coverage is provided on an "occurrence" or "claims - made" form. If
coverage is provided on a "claims -made" form the Certificate of Insurance must also clearly
indicate the "retroactive date" of coverage.
E. Additional Insured Clause: Except as to Business Auto, Workers' Compensation and
Employer's Liability (and Professional Liability, when applicable) the Certificate(s) of Insurance
shall clearly confirm that coverage required by the Contract has been endorsed to include Solid
Waste Authority of PBC as an Additional Insured.
F. Waiver of Subrogation: CONSULTANT hereby waives any and all rights of Subrogation
against the AUTHORITY, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss
agreement to waive subrogation without an endorsement, then CONSULTANT shall notifY the
insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery
Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any
policy which includes a condition to the policy specifically prohibiting such an endorsement or
voids coverage should CONSULTANT enter into snch an agreement on a pre-loss basis.
ITEM
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G. Certificates of Insurance: Within forty-eight ( 48) hours of the AUTHORITY'S request to do so,
the CONSULTANT shall deliver to the AUTHORITY Certificate(s) of Insurance evidencing that
all types and amounts of insurance coverages required by this Contract have been obtained and
are in full force and effect. During the term of the Contract and prior to each subsequent renewal
thereof, the CONSULTANT shall provide this evidence to the AUTHORITY prior to the
expiration date of each and every insurance required herein. Said Certificate( s) of Insurance shall,
to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due
to cancellation (I 0 days for nonpayment of premium) or non-renewal of coverage.
H. Umbrella or Excess Liability: If necessary, CONSULTANT may satisfy the minimum limits
required above for either Commercial General Liability, Business Auto Liability, and Employer's
Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall
have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial
General Liability, Business Auto Liability, or Employer's Liability. The AUTHORITY shall be
specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the
Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-
Form" basis.
I. Right to Revise or Reject: AUTHORITY, by and through its Risk Management Department in
cooperation with the contracting/monitoring department, reserves the right to review, modify,
reject, or accept any required policies of insurance, including limits, coverages, or endorsements,
herein from time to time throughout the term of this Contract. AUTHORITY reserves the right,
but not the obligation, to review and reject any insurer providing coverage because of poor
fmancial condition or failure to operate legally.
ARTICLE 13 -INDEMNIFICATION
CONSULTANT shall protect, defend, reimburse, indemnify and hold AUTHORITY, its agents,
employees and elected officials harmless from and against any and all claims, liability, loss, expense,
cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether
at trial or appellate levels or otherwise, arising during and as a result of their performance of the terms of
this Contract or due to the acts or omissions of CONSULTANT.
ARTICLE 14- SUCCESSORS AND ASSIGNS
The AUTHORITY and the CONSULTANT each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract. Except as
above, neither the AUTHORITY nor the CONSULTANT shall assign, sublet, convey, or transfer its
interest in this Contract, without the prior written consent of the other. Nothing herein shall be construed
as creating any personal liability on the part of any officer or agent of the AUTHORITY, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the AUTHORITY and the
CONSULTANT.
ARTICLE 15- REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to
enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder now or hereafter existing at"law, or in equity,
by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
ITEM f.G-.. 2..
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No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or
to provide any rights to any person or entity not a party to this Contract, including but not limited to any
citizen or employees of the AUTHORITY and/or CONSULTANT.
ARTICLE 16- CONFLICT OF INTEREST
The CONSULTANT represents that it presently has no interest and shall acquire no interest, eitl1er direct
or indirect, which would conflict in any manner with the performance or services required hereunder, as
provided for in Chapter 112, Part III, Florida Statutes. The CONSULTANT further represents that no
person having any conflict of interest shall be employed for said performance or services.
The CONSULTANT shall promptly notifY the AUJHORITY'S representative, in writing, by certified
mail, of all potential conflicts of interest for any prospective business association, interest or other
circumstance which may influence, or appear to influence, the CONSULTANT'S judgment or quality of
services being provided hereunder. Such written notification shall identifY the prospective business
association, interest or circumstance, the nature of work that the CONSULTANT may undertake and
request an opinion of the AUTHORITY as to whether the association, interest or circumstance would, in
the opinion of the AUTHORITY, constitute a conflict of interest if entered into by the CONSULTANT.
The AUTHORITY agrees to notifY the CONSULTANT of its opinion by certified mail within fuirty (30)
days of receipt of notification by the CONSULTANT. If, in the opinion of the AU1HORITY, the
prospective business association, interest or circumstance would not constitute a conflict of interest by the
CONSULTANT, fue AUTHORITY shall so state in the notification and fue CONSULTANT shall, at its
option, enter into said association, interest or circumstance and it shall be deemed not in conflict of
interest with respect to services provided to the AUJHORITY by the CONSULTANT under the terms of
this Contract.
ARTICLE 17- EXCUSABLE DELAYS
The CONSULTANT shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control of the CONSULTANT, or its subcontractor(s),
and wifuout their fault or negligence. Such causes include, but are not limited to: acts of God; force
majeure; natural or public healfu emergencies; labor disputes; freight embargoes; and abnormally severe
and unusual weather conditions.
Upon the CONSULT ANT'S request, the AUTHORITY shall consider the facts and extent of any failure
to perform the work; and, if the CONSULTANT'S failure to perform was without it or its subcontractors'
fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be
revised accordingly, subject to the AUTHORITY'S rights to change, terminate, or stop any or all of the
work at any time.
ARTICLE 18- ARREARS
The CONSULTANT shall not pledge the AUJHORITY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form . of .indebtedness. The
CONSULTANT further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Contract.
ARTICLE 19- DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONSULTANT shall deliver to the AUTHORITY'S representative for approval and acceptance,
and before being eligible for fmal payment of any amounts due, all documents and materials prepared by
and for fue AUTHORITY under this Contract. ITEM z <P
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To the extent allowed by Chapter 119, Florida Statntes, all written and oral information not in the public
domain or not previously known, and all information and data obtained, developed, or supplied by the
AUTHORITY, or at its expense, will be kept confidential by the CONSULTANT and will not be
disclosed to any other party, directly or indirectly, without the AUTHORITY'S prior written consent,
unless required by a lawful court order. All drawings, maps, sketches, programs, data bases, reports and
other data developed or purchased under this Contract for the AUTHORITY, or at the AUTHORITY'S
expense, shall be and remain the AUTHORITY'S property and may be reproduced and reused at the
discretion of the AUTHORITY.
All covenants, agreements, representations and warranties made herein, or otherwise made in writing by
any party pursuant hereto, including but not limited to any representations made herein relating to
disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the
consummation of the transactions contemplated hereby.
ARTICLE 20- INDEPENDENT CONSULTANT RELATIONSHIP
The CONSULT ANT is, and shall be, in the performance of all work, services, and activities under this
Contract, an Independent Contractor and not an employee, agent, or servant of the AUTHORITY. All
persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and
in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The
CONSULTANT shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the CONSULTANT'S relationship, and the relationship of its employees, to
the AUTHORITY shall be that of an Independent Contractor and not as employees or agents of the
AUTHORITY.
The CONSULTANT does not have the power or authority to bind the AUTHORITY in any promise,
agreement, or representation other than specifically provided for in this Contract.
ARTICLE 21 - CONTJNGENT FEE
The CONSULT ANT warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or making of this Contract.
ARTICLE 22- PUBLIC RECORDS. ACCESS AND AUDITS
The CONSULTANT shall maintain records related to all charges, expenses, and costs incurred in
estimating and performing the work for at least three (3) years after completion or termination of this
Contract. The AUTHORITY shall have access to such records as required in this section for the purpose
of inspection or audit during normal business hours, at the CONSULTANT'S place of business.
Notwithstanding anything herein to the contrary, as provided under Section 119.0701, F.S., where the
CONSULTANT: (i) provides a service and (ii) acts on behalf of the AUTHORITY as provided
under Section 119.011(2) F.S., the CONSULTANT is required to:
1) maintain public records that ordinarily and necessarily would be required by the AUTHORITY in
order to perform the service;
2) provide the public with access to public records on the same terms and conditions that the
AUTHORITY would provide the records and at a cost that does not exceed the cost provided by
Contract No. 14-240
Florida law; 'T EM '
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DRAFT
3) ensure that public records that are exempt or confidential andexempt from public records
disclosure requirements are not disclosed except as authorized by law; and
4) meet all requirements for retaining public records and transfer, at no cost, to the AUTHORITY all
public records in possession of the CONSULTANT upon termination of the contract and destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the AUTHORITY
in a format that is compatible with the information technology systems of the AUTHORITY.
Failure of the CONSULTANT to comply with these requirements shall be a material breach of this
Contract.
ARTICLE 23- NONDISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital
status, sexual orientation, or gender identity and expression.
ARTICLE 24- AUTHORITY TO PRACTICE
The CONSULTANT hereby represents and warrants that it has, and will continue to maintain, all licenses
and approvals required to conduct its business; and, that it will, at all times, conduct its business activities
in a reputable manner. Proof of such licenses and approvals shall be submitted to the AUTHORITY'S
representative upon request.
ARTICLE 25- SEVERABILITY
If any term or provision of this Contract or the application thereof to any person or circumstances shall, to
any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such
terms or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed
valid and enforceable to the extent permitted by law.
ARTICLE 26- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Contract or performing any work in furtherance
hereof, the CONSULTANT certifies that it, its affiliates, suppliers, subcontractors and consultants who
will perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the thirty-six (36) months immediately preceding the
date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 27- SCRUTINIZED COMPANIES
As provided in F.S. 287.135, by entering into this Contract any Agreement with the AUTHORITY, or
performing any work in furtherance hereof, CONSULTANT hereby certifies that CONSULTANT and
CONSULT ANT'S affiliates, suppliers, subcontractors and contractors who will perform hereunder, have
not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies
With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the
AUTHORITY determines, using credible information available to the public, that a false certification has
been submitted by CONSULTANT, this CONSULTANT may be terminated and a civil penalty equal to
the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F .A.
287.135.
ITEM 9.t;.. i .
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ARTICLE 28- MODIFICATIONS OF WORK
The AUTHORITY reserves the right to make changes in Scope of Work, including alterations, reductions
therein, or additions thereto. Upon receipt by the CONSULTANT of the AUTHORITY'S notification of
a contemplated change, the CONSULTANT shall, in writing: (1) provide a detailed estimate for the
increase or decrease in cost due to the contemplated change; (2) notify the AUTHORITY of any
estimated change in the completion date; and (3) advise the AUTHORITY if the contemplated change
shall affect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract.
If the AUTHORITY so instructs, in writing, the CONSULTANT shall suspend work on that portion of
the Scope of Work affected by a contemplated change, pending the AUTHORITY'S decision to proceed
with the change.
If the AUTHORITY elects to make the change, the AUTHORITY shall initiate a Contract Amendment,
and the CONSULTANT shall not commence work on any such change until such written amendment is
signed by the CONSULT ANT and approved and executed on behalf of Solid Waste Authority of Palm
Beach AUTHORITY.
ARTICLE 29- NOTICE
All notices required in this Contract shall be sent by certified mail (retnm receipt requested), hand
delivered, or sent by other delivery service requiring signed acceptance.
If sent to the AUTHORITY, notices shall be addressed to:
With a copy to:
Maciej Kadzinski, Procurement Manager
Solid Waste Authority of PBC
7501 North Jog Road
West Pahn Beach, FL 33412
Paul Dumars, Director of Finance Services
Solid Waste Authority ofPBC
7501 North Jog Road
If sent to the CONSULTANT, notices shall be addressed to:
David M. Moore, Managing Director
Public Financial Management, Inc.
Two Logan Square, Suite 1600
18th & Arch Street
Philadelphia, PA 19103-2770
ARTICLE 30 -ENTIRETY OF CONTRACTUAL AGREEMENT
The AUTHORITY and the CONSULTANT agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein. None
of the provisions, terms, and conditions contained in the Contract may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the parties hereto in accordance with
Article 28 - Modifications of Work.
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ARTICLE 31- REGULATIONS I LICENSING REQUIREMENTS:
The CONSULTANT shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, to include those applicable to conflict of interest and collusion. CONSULTANT is
presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may
in any way affect the services offered.
Contract No. 14-240
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In Witness Whereof, the Solid Waste Authority of Palm Beach County, at a regular meeting thereof, by
action of the AUTHORITY Board authorizing and directing the foregoing be adopted, has caused these
presents to be signed by its Executive Director, and Public Financial Management, Inc. has executed this
Agreement all as of the day and year first above written.
Witness:
I.
2.
By:
Mark Hammond
Executive Director
By: __________________________ _
PUBLIC FINANCIAL MANAGEMENT, INC.:
Attest:
By:
Corporate Secretary
(Corporate Seal)
Witness:
Name: ----------------------------
I. Title:
2.
Approved by Authority Board on April 9, 2014, Item 9.0.2
ContractNo. 14-240 Page 12 of18
DRAFT
EXIDBIT A
SCOPE OF WORK I SERVICES
1. PURPOSE/BACKGROUND
CONSULT ANT shall provide fmancial advisory services for general and special obligation debt
transactions and services related to the issuance of bonds, notes, certificates, or other financial
instruments as well as on-going financial advisory services for the AUTHORITY. The CONSULTANT
shall assist the AUTHORITY'S staff in researching and evaluating fmancing plans and strategies to meet
capital investment needs at acceptable costs; designing financing arrangements and instruments; making
recommendations in financing transactions; and representing the AUTHORITY'S interest in fmancial
market dealings. The CONSULTANT must have an established reputation in the investment community
for experience, expertise and reliability in municipal fmance.
The CONSULTANT by terms of the agreement must be a person or firm that provides independent
financial advice, and serves solely the interest of the AUTHORITY. The CONSULTANT must be listed
in the Red Book as Financial Advisors as of the response date of this RFP.
The CONSULTANT agrees not to bid or participate in a syndicate which may bid on any negotiated
contract or competitive debt issued by the AUTHORITY during the term of the Contract. The
CONSULT ANT will be restricted from participating in the negotiated issues for a period of one year in
the event of resignation by the CONSULT ANT
The AUTHORITY reserves the right to contract with other firms or individuals who provide specialized
or supplementary expertise necessary to obtain the required fmancial advisory services.
2. GENERAL REQUIREMENTS
A. Issuance of Bonds- the CONSULTANT shall:
I. Evaluate and recommend the use of fmancing mechanisms and instruments. Assist in
negotiating the financing component of any such proposals.
2. Be available at all times upon reasonable request to meet with the Board of AUTHORITY
Commissioners, the AUTHORITY'S staff personnel, AUTHORITY'S Financing
Committee (AFC), underwriters and other consultants in order to carry out the
CONSULTANT'S responsibilities.
3. Analyze and report on the advantages and disadvantages of each proposed financing.
4. Manage competitive or negotiated sale process. Arrange for advertising and premarketing of
issue. Represent the AUTHORITY at the bid opening for a public sale and analyze the bids,
identify the most favorable bid, and make a recommendation as to award of the bid. Act as
the AUTHORITY'S agent if bid negotiations are required. After the bid is awarded, prepare
an actual debt service table based on accepted coupon rates, maturities, call features, security
provisions and covenants, costs of issuance, reserve requirements and debt service
requirements. In the event of a negotiated offering, assist the AUTHORITY in negotiating
appropriate terms, reviewing spreads, comparing deals, analyzing market levels, and
clarifying syndicate roles with selected underwriter.
Contract No. 14-240 Page 13 of18
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5. For all AUTHORITY bond issues:
a. On a pro-active basis, bring refunding or other new financing ideas to the attention of the
Debt Manager;
b. Participate in discussions of fmancing alternatives for each project and make
recommendations as to the appropriate method of financing;
c. Prepare and update schedules (timetables) for each bond issuance and assist the
AUTHORITY in coordinating all meetings and conference calls;
d. Provide advice on the terms and features of bonds and on the timing and marketing of
bond issues;
e. Participate in pricing call and advise the AUTHORITY as to the reasonableness of
interest rates, yields and the components of the underwriters spread;
f. Provide market information during pricing and structuring of negotiated bond sales,
monitor the market to assist in pricing and monitor the lead underwriter's "book" during
the order period. Support AUTHORITY management in aggressively pricing bonds to
obtain the best value; and
g. Prepare a timely post-pricing evaluation to be distributed to staff and AFC.
6. Provide specific recommendations regarding the necessary provisions and covenants to be
contained in bond issues, including, but not limited to, bond amounts, maturities, interest
rates, redemption provisions, flow of funds, arbitrage requirements, security pledges and
conditions relating to the issuance of additional bonds.
7. Evaluate the projected cash flow from any revenue sources that may constitute security for
any obligation incurred.
8. Review existing revenue sharing agreements, tax rebate agreements and debt commitments
to determine potential impacts, if any, on the proposed financing and make appropriate
recommendations to the AUTHORITY'S Financing team.
9. Provide advice and assistance to the AUTHORITY and to Bond Counsel as to the
preparation of the bond authorizing resolution, ordinance and other proceedings. Assist with
validation of bonds, if necessary, through preparation of financial tables and exhibits and
the presentation of testimony when necessary.
10. Provide advice and assistance to the AUTHORITY and Disclosure Counsel as to preparation
and composition of the preliminary and final official statements, so as to make the most
favorable full and accurate disclosure to the rating agencies and investing public. Arrange for
widest possible distribution of official statement to bond underwriters and investors.
11. Request, receive and evaluate quotes, when applicable, for municipal bond insurance,
determining through discussions with Senior Managing Underwriter the benefit, if any of
obtaining bond insurance and make recommendation to the AUTHORITY as to the need for
bond insurance.
12. Request, receive and evaluate quotes, when applicable, for reserve fund surety and make
recommendations to the AUTHORITY as to the funding of the debt service reserve with a
surety policy, cash, or letter of credit as necessary. '
13. Assist the AUTHORITY in selecting trustees, paying agents and other fmancial
intermediaries as necessary.
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14. Assist the AUTHORITY in selection of verification agent and coordinate obtaining
verification report for refunding transactions.
15. Provide an opinion as to the appropriateness and fairness of each bond issue including an
evaluation of the underwriters' performance.
16. Advise and assist the AUTHORITY in the preparation and presentation to the rating
agencies, including bond issue documentation and other financial information, for the
purpose of obtaining the best possible rating of the bonds.
17. Assist in the preparation and review of all necessary closing documents; and
18. Attend all pre-closings and closings, as necessary.
B. Other Services- The CONSULTANT shall:
1. Coordinate periodic discussions or meetings between the AUTHORITY, representatives of
the rating agencies and major institutional investors.
2. Advise the AUTHORITY on proposed and actual changes in tax laws and changes m
financial markets that could affect the AUTHORITY'S bond financing plans.
3. Advise the AUTHORITY as to industry standards and practices in accordance with
applicable Municipal Securities Rulemaldng Board (MSRB) and Securities and Exchange
Commission (SEC) rules and promulgations, municipal bond disclosure guidelines and state
and federal regulations relevant to tax-exempt bond issuance and municipal lending
practices. Advise and assist the AUTHORITY in analyzing changes thereto and how the
AUTHORITY might take advantage of potential opportunities and comply with any changes.
4. In the area of short-term financing, provide the AUTHORITY with advice, guidance,
evaluation, pricing, and assistance in bond anticipation notes, bank loans, commercial paper
and any other fmancial instrument as necessary, as well as manage/coordinate the request for
bids if necessary.
5. Provide periodic analysis of market conditions both within the State of Florida and
nationwide and any potential gains that might be realized from the refunding of outstanding
AUTHORITY bond issues.
6. Be available to the AUTHORITY to discuss and make recommendations on all fmancial
matters as they relate to incurring AUTHORITY debt. Be available for meetings with
AUTHORITY staff and the Board of AUTHORITY Commissioners, as necessary.
7. Review unsolicited proposals for financial transactions received by the AUTHORITY from
underwriting firms and on a timely basis, make recommendations as to their merits to Debt
Manager, Director of the Office of Financial Management and Budget, and the
AUTHORITY Administrator as necessary.
8. Assists the AUTHORITY in selection of a fmancing team, including preparing a list of
services required of underwriter, trnstee, verification agent and other professionals, as agreed
upon.
ITEM 9.fi.. ?-.-
P a g e ~
DRAFT
C. Additional Services- The CONSULTANT shall:
1. Participate in developing the financing plan for the AUTHORITY'S Five (5) Year Capital
Improvement Plan and provide financing schedules.
2. Review existing debt structure and financial resources to determine available borrowing
capacity. Provide innovative and creative ideas for enhancing the AUTHORITY'S position
(improving coverage, reducing debt load, reducing interest rate, removing restrictive
covenants).
3. Provide, on an as-needed basis, financial analyses or any applicable services as directed by
the AUTHORITY'S Board, and/or the Director of Finance or designee.
4. Prepare and deliver presentations designed to facilitate an understanding of public sector
financing and its implication to the AUTHORITY'S Financing Committee, the Board of
AUTHORITY Commissioners, and the Director of Finance or designee.
5. Assist in negotiations with bond insurers and/or letter of credit providers.
Page # ~ 0 / 3 2
DRAFT
EXIllBITB
FEE SCHEDULE
Fees for Financial Advisory Services:
A. The following fees are submitted to provide Financial Advisory (FA) services as contemplated in the
Scope of Work/Services set forth in RFP 13-096/DP for the issuance of bonds. Fees shall be
presented as a price per $1,000 of par value issued in each of the cumulative ascending levels of debt
in any issuance. The debt groupings presented must be used without alteration.
Minimum fee for a successful closing of bonded debt: $25.000.
FEE PROPOSAL PER $1,000 UPON SUCCESSFUL CLOSING
Par Value Range of Bond Issued Fee per $1,000
$0 $25,000,000 $0.95
$25,000,001 $50,000,000 .80
$50,000,001 $100,000,000 .45
$100,000,001 $150,000,000 .35
$150,000,001 $200,000,000 .10
Over $200,000,001 .10
Maximum fee for a successful closing of bonded debt: $90.000.
B. Flat Fees: A flat monthly fee of $1,500 is intended to cover all non-bonding activities such as
meetings with staff, other professionals, preparation of pre financing schedule and documents. This
method of compensation allows the AUTHORITY to call at any time for general information or non-
financing services and not be required to create a work order.
Monthly Fee: $1,500 x 12 months = $18,000/year
C. Additional Services for an extraordinary amount of planning or other consulting work may be
specifically designated and authorized by the AUTHORITY. Such authorizations which will be
referred to as CSA shall each set forth the specific services required, negotiated compensation, and
the completion date.
Reimbursable expenses shall be in accordance with Article 4- Payment to Consultant
Contract No. 14-240 Page 17 ofl8
ITEM

DRAFT
EXHIBITC
SBEPLAN
Public Financial Management, Inc. is committed to the SBE Participation Plan and will make every effort
to achieve the AUTIIORITY'S 15% participation goal through contracting with SBE consultant,
Spectrum Municipal Services, Inc.

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SOLID WASTE AUTHORITY BOARD

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