R25-226 RESOLUTION NO. R25-226
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING A PROCESSING AGREEMENT FOR
3 RECYCLING MATERIALS BETWEEN THE CITY AND WASTE
4 MANAGEMENT INC., OF FLORIDA, WITH AN ANNUAL EXPENDITURE
5 NOT TO EXCEED $490,000; AND FOR ALL OTHER PURPOSES.
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7 WHEREAS, Waste Management Inc., of Florida ("WMIF") owns and operates solid waste
8 processing centers and transfer stations; two of the processing centers being located in Palm
9 Beach County with the closest in proximity to the City located in the Town of Lantana, which
10 operates at the address of 790 Hillbrath Drive, Lantana, FL 33462 ("WMIF Lantana Facility"). The
11 processing facilities process, recycle, and market recycled solid waste products using advanced
12 technology; and
13 WHEREAS, the City seeks to use the WMIF Lantana Facility for processing and disposal of
14 (i)Construction and Demolition Debris, as defined in Florida Administration Code Rule 62-701.200
15 (24), and which includes discarded materials generally considered to be not water soluble and
16 non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt
17 material, pine, gypsum, wallboard, roofing materials, and lumber from the construction or
18 destruction of a structure as part of a construction or demolition project, or from the renovation
19 of a structure; and (ii) Yard Waste, which includes vegetative matter resulting from landscaping
20 maintenance or land clearing operation (such as tree and shrub trimmings, palm fronds,trees,and
21 tree stumps); and
22 WHEREAS, the WMIF Lantana Facility is fully permitted and licensed by the Solid Waste
23 Authority of Palm Beach County ("SWA"), the Palm Beach County Health Department, and the
24 Florida Department of Environmental Protection, and is available to the City to help it reach its
25 recycling goals; and
26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
27 best interests of the City's citizens and residents to approve a Processing Agreement for Recycling
28 Materials between the City and Waste Management Inc., of Florida, with an annual expenditure
29 not to exceed $490,000.
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RESOLUTION NO. R25-226
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
33 BEACH, FLORIDA, THAT:
34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve a Processing Agreement for Recycling Materials between the City and Waste
38 Management Inc., of Florida, with an annual expenditure not to exceed $490,000 (the
39 "Agreement"), in form and substance similar to that attached as Exhibit A.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
42 ancillary documents required under the Agreement or necessary to accomplish the purposes of
43 the Agreement, including any term extensions as provided in the Agreement, provided such
44 documents do not modify the financial terms or material terms.
45 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
46 of the City. A copy of the fully executed Agreement shall be provided to Maria Rozwadowski to
47 forward to WMIF.
48 SECTION 5. This Resolution shall take effect in accordance with the law.
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50
51
52 [SIGNATURES ON THE FOLLOWING PAGE]
53
RESOLUTION NO. R25-226 \
54 PASSED AND ADOPTED this 1 1 day of �.t. .,. . S"' 2025.
55 CITY OF BOYNTON BEACH, FLORIDA
56 YES NO
57 Mayor- Rebecca Shelton L.--
58 ‘..---
59
/59 Vice Mayor-Woodrow L. Hay
60
II....,61 Commissioner-Angela Cruz
62
63 Commissioner-Thomas Turkin
64
1.,..--
65
�65 Commissioner-Aimee Kelley
66 5 13
67 V TE
68 ATTEST:
69 /
70 0 i °_ I,g i 9-
Tov.Maylee De J-sus, MPA, ' i C Rebecca Shelton
72 City Clerk Mayor
73 ;=�F BOY/0.1%1
74 %\y:.•am7;4:1..0.4;
%41 APPROVED AS TO FORM:
75 (Corporate Se.; ; ,sZ' (`‘.1';t11.
•
•
I/NC I $ 4J76
77 it, I9/tire"): AA'
rVe
20
78 l' ••• •'• Shawna G. Lamb
79 �1".�°RIDA __--- City Attorney
PROCESSING AGREEMENT FOR RECYCLING MATERIALS
THIS PROCESSING AGREEMENT is made this l9 day of c&.c,c_ 2025 by and between
WASTE MANAGEMENT INC. OF FLORIDA ("WMIF ') a Florid&corporation, 1800 N.
Military Trail, Suite 201, Boca Raton, Florida 33431; and the CITY OF BOYNTON BEACH,
a Florida municipal corporation ("City"), 100 East Ocean Avenue, Boynton Beach, Florida
33435
WITNESSETH:
WHEREAS, WMIF owns and operates solid waste processing centers and transfer
stations; two of the processing centers being located in Palm Beach County with the
closest in proximity to the City located in the Town of Lantana, which operates from 7:00
AM to 6:00 PM at the address of 790 Hillbrath Drive, Lantana, FL 33462 ("WMIF Lantana
Facility"). The processing facilities process, recycle, and market recycled solid waste
products using advanced technology; and
WHEREAS, the City seeks to use the WMIF Lantana Facility for processing and disposal
of (i) Construction and Demolition Debris, as defined in Rule 62-701.200 (24) Florida
Administration code, and which includes discarded materials generally considered to be
not water soluble and non-hazardous in nature, including, but not limited to, steel, glass,
brick, concrete, asphalt material, pine, gypsum, wallboard, roofing materials, and lumber
from the construction or destruction of a structure as part of a construction or demolition
project, or from the renovation of a structure; and (ii) Yard Waste, which includes
vegetative matter resulting from landscaping maintenance or land clearing operation
(such as tree and shrub trimmings, palm fronds, trees, and tree stumps); and
WHEREAS, the WMIF Lantana Facility is fully permitted and licensed by the Solid Waste
Authority of Palm. Beach County ("SWA"), the Palm Beach County Health Department,
and the Florida Department of Environmental Protection and is available to the City to
help it reach its recycling goals; and
NOW THEREFORE, for good and valuable consideration, the parties agree as follows:
1. The representations set forth herein above are true and correct and incorporated
herein by reference.
2. The initial term of this Agreement shall be for three (3) years from September 15,
2025, and expiring on September 14, 2028. The City and WMIF shall have the option to
renew this Agreement by mutual agreement for two (2) additional three (3)-year periods.
The Mayor is authorized to execute renewal amendments that do not otherwise modify
the terms of this agreement on behalf of the City. Notice of intent to renew the agreement
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shall be provided by either party ninety (90) days prior to the end of the existing term.
Either party may terminate this Agreement for convenience upon 180 days' notice.
3. QUANTITY AND QUALITY:
During the term of the Agreement, WMIF shall accept and City agrees to deliver
to the WMIF Lantana Facility one hundred percent (100%) of City's Construction
and Demolition Debris and Yard Waste ("Recyclables"). In the event that the
Recyclables do not meet specifications, the load may be rejected and/or City shall
have the sole responsibility for any resulting settlement or adjustments, including,but
not limited to, transportation and disposal costs. Recyclables specifically exclude,
and City agrees not to deposit or permit the deposit for collection of, any waste tires,
radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-
hazardous,regulated medical or hazardous waste, toxic substance or material, as
defined by, characterized or listed under applicable federal, state, or local laws or
regulations, or chemical or other properties that are deleterious or capable of causing
material damage to any part of WMIF's property, its personnel or the public or
materially impair the strength or the durability of the WMIF's structures or
equipment, or any materials containing information (in hard copy or electronic
format, or otherwise) which information is protected or regulated under any local,
state or federal privacy or data security laws, including, but not limited to the Health
Insurance Portability and Accountability Act of 1996, as amended, or other
regulations or ordinances or other waste not approved in writing by WMIF (collectivity,
"Excluded Materials"). Title to and liability for Excluded Materials shall remain with
City atalltimes.Title to Recyclables provided by City to WMIF is transferred to WMIF
upon WMIF's receipt or collection unless otherwise provided in this Agreement or
applicable law. WMIF reserves the right at its sole discretion upon notice to City to
discontinue acceptance of any category of Recyclables as a result of market
conditions related to such materials and makes no representations as to the
recyclability of the materials which are subject to this Agreement.
4. For Recyclables delivered to the WMIF Lantana Facility, WMIF agrees to charge
the City and the City agrees to pay (within 30 days of the date of W1V1IF's invoice) as
follows:
a. $70.00 per ton for Construction & Demolition Debris
b. $35.00 per ton for Yard Waste
Ali material delivered or offered by the City for processing shall meet the requirements of
the facility's applicable permits and shall not contain any reportable quantity of garbage
or putrescible waste, hazardous or other regulated waste. WMIF may reject loads in
whole or in part if it reasonably believes such load does not conform with the above
requirements.
The above per ton rates shall be adjusted upwards annually to reflect changes in the cost
of doing business as measured by the Consumer Price Index for All Urban Consumers:
Water and sewer and trash collection services, Not Seasonally Adjusted,
CUUR0000SEHG, published by the U.S. Department of Labor, Bureau of Labor Statistics.
All of the City's vehicles shall be weighed on certified scales, and all weigh tickets shall
reflect recycled material.
5. WMIF shall use its reasonable best efforts to assist the City in receiving all
appropriate recycling credits from the Solid Waste Authority, and shall provide any
required documentation, filings, and/or confirmation of the City's documentation of its
recycling credits.
6. In the event of a default by either party, notice shall be provided to the party alleged
to be in default setting forth the nature of said default and providing a reasonable cure
period to correct said default. If a default is not corrected during said cure period, the non-
defaulting party may terminate this Agreement by providing thirty (30) days' written notice
of said termination.
7. WMIF agrees to provide insurance meeting the requirements set forth by the City,
a copy of which is attached hereto as Exhibit A, and the City shall be named as an
additional insured. The insurance policy shall include a provision requiring thirty (30) days'
notice to the City in the event of cancellation, termination, or lapse in coverage.
8. INDEMNIFICATION/LIMITATION OF LIABILITY:
WMIF agrees to indemnify, defend and save City, officers, elected and appointed
officials, employees, and agents, harmless from and against any and all liability which
City may be responsible for or pay out as a result of bodily injuries (including death),
property damage, or any violation or alleged violation of law, to the extent caused by
any negligent act or omission or willful misconduct of WMIF or its employees, which
occurs as a result of the disposal of City's Recyclables in a facility owned by WMIF,
provided that WMIF's indemnification obligations will not apply to occurrences
involving Excluded Materials.
Neither party shall be liable to the other for consequential, incidental or punitive
damages arising out of the performance or breach of this Agreement.
Nothing in the foregoing is intended to waive any immunity or limitation of liability the
City may have under the doctrine of sovereign immunity or Section 768.28, Florida
Statutes.
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9. This Agreement shall be construed in accordance with the laws of the State of
Florida and jurisdiction and venue shall be exclusively in Palm Beach County.
10. In the event either party is required to enforce this Agreement through legal action,
each party shall bear its own attorney's fees and costs.
11. Anti-Human Trafficking. On or before the Effective Date of this Agreement, WMIF
shall provide City with an affidavit attesting that the WMIF does not use coercion for labor
or services, in accordance with Section 787.06(13), Florida Statutes.
12. Verification of Employment Eligibility. WMIF represents that WMIF and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If WMIF violates
this section, City may immediately terminate this Agreement for cause, and WMIF shall
be liable for all costs incurred by City due to the termination.
13. Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern.
WMIF represents that it has not been placed on the "discriminatory vendor list" as
provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company"
pursuant to Sections 215.473 or 215.4725, Florida Statutes. WMIF represents and
certifies that it is not, and for the duration of the term will not be, ineligible to contract with
City on any of the grounds stated in Section 287.135, Florida Statutes. WMIF represents
that it is, and for the duration of the term will remain, in compliance with Section 286.101,
Florida Statutes.
(Signatures on Following Page)
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IN WITNESS WHEREOF, the parties have executed this Agr:.-y-' c !:=,_- and year
first written above. , coo;QpRATE • ...'S, 11
i RP-s 9 i
Signed, sealed and delivered i } Cj o
In the presence of: �0 v' NcoNc)20 • i
CITY OF BOYNTON BEACH, FLORIDA 1��.. F.OF`
ATTEST , ,i % .r' l-
By: 1-orMaylee De J--us, City QleV✓
CITY ATTORNEY'S OFFICE
Name: i-c_\ c.cco, sk-tmor, Approved s to form and leg lity
Title: m By ift/t7W 4,7Z
—
Witness: WASTE 4ANAGEMENT INC. OF FLORIDA
B �/ /: /ii- --
- y'
084
Name: Alexis Alsina
.i , Name: David M. Myhan
i .
Name: Coleen Houlihan Title: President
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