R25-248 RESOLUTION NO. R25-248
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING A MEMORANDUM OF
3 UNDERSTANDING WITH THE SOLID WASTE AUTHORITY OF PALM
4 BEACH COUNTY DEBRIS MANAGEMENT DURING DECLARED
5 EMERGENCIES; AND FOR ALL OTHER PURPOSES.
6
7 WHEREAS, the Florida Legislature enacted Senate Bill 180, effective July 1, 2025,
8 establishing new requirements for municipalities to coordinate with solid waste authorities for
9 debris management during declared emergencies; and
10 WHEREAS, the City and the Solid Waste Authority of Palm Beach County ("SWA")
11 previously entered into an Interlocal Agreement in 2022 establishing a cooperative relationship
12 for solid waste management services; and
13 WHEREAS, the proposed Memorandum of Understanding ("MOU") between the City and
14 SWA supplements the existing Interlocal Agreement and provides the City with access to
15 designated debris management sites operated by SWA during declared emergencies; and
16 WHEREAS, the MOU will enhance the City's emergency preparedness capabilities and
17 provide cost-effective debris management solutions; and
18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
19 best interests of the city's citizens and residents to approve the MOU with SWA.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
21 BEACH, FLORIDA, THAT:
22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption.
24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
25 approve a MOU between SWA and the City for debris management during declared emergencies
26 (the "Agreement"), in form and substance similar to that attached as Exhibit A.
27 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
28 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
29 ancillary documents required under the Agreement or necessary to accomplish the purposes of
30 the Agreement.
31 SECTION 4. The Mayor-executed Agreement shall be forwarded to Maria Rozwadowski
RESOLUTION NO. R25-248
32 to obtain execution of the Agreement by SWA. Maria Rozwadowski shall be responsible for
33 ensuring that one fully executed Agreement is returned to the City, to be provided to the Office
34 of the City Attorney for forwarding to the City Clerk for retention as a public record.
35 SECTION 5. This Resolution shall take effect in accordance with the law.
36
37
38
39 [SIGNATURES ON THE FOLLOWING PAGE]
40
RESOLUTION NO. R25-248
41 PASSED AND ADOPTED this 1 I)IOh day of �fn\e 2025.
- 1
42 CITY OF BOYNTON BEACH, FLORIDA
43 YES/ NO
44 Mayor- Rebecca Shelton ✓
45
46 Vice Mayor-Woodrow L. Hay
47 7
48 Commissioner-Angela Cruz V
49 7
50 Commissioner-Aimee Kelley V
51 /
52 Commissioner-Thomas Turkin V
53
54 VOTE S-0
55 AT :
56
57 ,t.A Ilf / I/f
58 Mayle: D: -sus, MPA,iMC _ Rlebe cc a Shelton
59 City Cl-r� / DyNTON`Nt Mayor
60 i 0`..,•0030RA4e..'9,11
61 i ti,•' SL,SEAL
...*C
L Zai. APPROVED AS TO FORM:
� • Lt's
62 (Corporate Seal) $ V:
63 1#1 ;.INCORPDRATED. A
•64 , 1820 : (1',G(/ft( )46
65 ,1`.� FLORVOP=� Shawna G. Lamb
66 City Attorney
MEMORANDUM OF UNDERSTANDING
aa"°A vce-6 ber
This Memorandum of Understanding (MOU) is entered into on the-Irwin/WI day of(month]
in-freerttherein referred to as the"Effective Date") by and between:
Oaj
The Solid Waste Authority 1of Palm Beach County (Authority)
Name of Municipality -t' _J e
Parties may be referenced individually as"Party" and collectively as 'Parties.'
PURPOSE and INTENT
The purpose of this MOU is to establish a path for municipalities who wish to partner with the
Authority to satisfy the requirements created by the passage of SB 180 Emergencies effective
July 1, 2025. Specifically, by entering into this MOU it is the intent of the Parties to apply jointly
for the authorization and use of a debris management site.
ROLES AND RESPONSIBILITIES
In the event of a storm or similar natural disaster the Parties agree to work cooperatively for
the purposes of debris management and for the use of debris management sites operated by
the Authority. These sites are specifically identified and shown on Exhibit 1, which is attached
hereto and incorporated herein, The terms and conditions of the use of such sites, upon
authorization, are outlined in the Interlocal Agreement previously executed by the Parties for
this purpose and dated{+eset-dete). . 9, LAI 5
TERM AND TERMINATION
This MOU becomes effective on the date it is signed by both [all] Parties. It remains in force
unless explicitly terminated, in writing, by either Party or mutually by the Parties upon 30
calendar days' notice.
The undersigned Parties acknowledge and agree to this MOU for the purposes set forth herein.
SIGNATURES
SOLID WASTE AUTHORITY OF
.NESSES: PALM,�C�OU �-
4
By.
wik ` •aniel -e owitz, Executive Director
�i► -
Ip ;, ;
APPROVE AS TO LEGAL APPROVE AS TO TERMS AND
SUFFICIENCY CONDITI SBy:
Michael W. Jon
Michael W. Jones Esq. Signature
General Counsel
Print Name
JikC1, gteA
Title 11 5
MUNI IP LITY:
By: _
S n re :7„.04TON6
90
Fwbt c C c-- 51,E 1t a.. - O tp L
Print Name 't SS 03COEoi �S
Mayo r � •
; 1g2\ -
Title and Date �'�� ••'Q,
. FLOR-�
CITY A�r-rr�ooRRrrNEY'S OFFek6I
Approveto f�d
ey: (l
Shawna G.Lamb,
City Attorney
21Page
Debris Zones & Disaster Debris
Management Sites - 2025
1. Dyer Park 6. SWA Central County Transfer Station
Approx. 20-acres I Approx. 600,000 cy Approx. 5-acres I Approx. 150,000 cy
7301 Haverhill Road 1810 Lantana Road
West Palm Beach, Florida 33412 Lantana, Florida 33462
2. SWA Landfill (Landfill Entrance) 7. Southwest County Transfer Station
Approx. 4-acres I Approx. 120,000 cy Approx. 23-acres I Approx. 60,000 cy
6610 N. Jog Road 13400 S. State Road 7
West Palm Beach, Florida 33412 West Delray Beach, Florida 33446
3. Biosolids Processing Facility 8. West Delray Regional Park (Atlantic &
Approx. 3-acres I Approx. 90,000 cy 441)
6600 45th Street Approx. 4.5-acres I Approx. 135,000 cy
West Palm Beach, Florida 33412 10875 Atlantic Avenue
Delray Beach, Florida 33446
4. Cross State Landfill
Approx. 7-acres I Approx. 210,000 cy 9. South County Regional Park (Between
551 Benoist Farms Road Yamato Rd. & Glades Rd.)
West Palm Beach, Florida 33402 Approx. 5-acres I Approx. 150,000 cy
12551 Glades Road
5. Okeeheelee Park S. Boca Raton, Florida 33498
Approx. 2-acres I Approx. 60,000 cy
7500 Forest Hill Boulevard 10.Belle Glade Transfer Station
West Palm Beach, Florida 33413 Approx. 2-acres I Approx. 60,000 cy
West End of West Canal Street S.
Belle Glade, Florida 33430
u:eorls Lones .ac.uisaszer ueuris ividrudgeu I lei n JI LC,
2025 _
John G andI I �,
Susan H Dupuis
Jr Wildlife and 71 Indiantown Rd Farms er r
E • . . tal °
Area I Z
I % t, . -1 ,,
eo
% 2 s PGA Blvd— 1=�1j _ rr— -
1. Dyer Patrlc
r°e,kee , 7i301'.Haverhill'R�dwn Be
e I 1 ri.SWA Landffll .- -:-i, A
6610 N Jog Rd .A! >1.,vrera Bea
� t I I (Landfill Entrance) TX -
_ _ �# L____..-.... * t 11 -�
10.Old Belle Glade TS -- r T
West end of West o I 3. Biosolids Processing
- �8 Fadlity 1 ry. 'i
Canal Street South 9 4.CnssStat ain6600 fifth 1%. J!'.,.,- Palm I
* 1 , fX
Landfill j =cleedrobee Blvd
elle Glade r- ' s
>. State Road 80 551,Benoist,Farms Rd 7 rn
tri ( (entrance off PikeRd)=A O1- '
II
Main- _
I Forest Hill Blvd r. —,—T Ar1C8aatV
4 5.-OkNheelee Pao*St •.f. . 1.,
7500 Forest Hill1= 1 — i I
Boulevard 1r)---- ' , x 1 6
Lantana Rdr
, 6.SWA Central County
- ---Transf r stion I
y 1810 Li tana,Rd'
1
c 4 (entrance off Hige Ridge R
18 ` 'ton Beac
Arthur R _I
Marshall Nil/Loxahatchee _ 7.-Southwest County
National Wildlife
Refuge Tra• nsfer Station 1 /
r
13400 S State Road 7
8. West Delray v' i t1-
1 wcAve i ay Beach
Regional Park --s-- - !rt
10875 Atlantic Ave _._r 1 W'unton Btvd
(Atlantic and 441) 'Ai 0 f
--1i
t
9.South County - --- i
W Yamato Rd-+4
3.
Regional Park B t= lif
12551 Glades Rd svt Glades Rd 4h 4
(Between Yamato ' ...4_, Parr
nork -' Raton
Rd A Glades Rd) '*"-T f' �I
t z'
1
1 .4
p 10
C •• ut Creek
Coral Spd o
.-2--8 869 0 '0 2 4 8
Mile
Margate
Pre-Authorized Public Temporary Debris Management Sites
Sow col an.TunTom,Garmr,FAO.NOAHUSGS.00oarSteett epconu,buto%
.41
SWA
SOLID WASTE AUTHORITY
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
April 19, 2021
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attention: City Manager
Re: Interlocal Agreement for the Delivery of Municipal Solid Waste to Designated Facilities for a
Municipal Revenue Sharing Recycling Program
Please find enclosed your fully executed and recorded copy of the subject Interlocal Agreement.
Sincerely,
I/
Angela Bolin
Engineering Services Specialist
RECEIVED
APR 2 9 2021
CITY MANAGER'S OFFICE
7501 North Jog Road,West Palm Beach,Florida 33412(561)640-4000 Fax(561)640-3400
Customer Information Services: (561)697-2700 I South and West County: 866-792-4636
Name: !1111111111111111111111111111111111111"1(111
Address:
C:FN 20210140843
OR . Bk.. 732331 PG 1198
RECORDED 03/3012021 08:58:16
Po.lm Beach County, Florida
Joseph Ahru zo,Clerk
P9s 1198 -- 1207; (10p s)
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
THIS Agreement, made and entered into this /8 day of T fl-kc i , 20 2-1 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the CITY OF BOYNTON BEACH, a municipal corporation, chartered
and organized in accordance with the laws of the State of Florida, hereinafter called "CITY".
WITNESSETH:
WHEREAS, the Authority has been empowered by law to carry out the powers,
obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to
the provisions of Chapter 403, Part IV,Florida Statutes; as amended, and
WHEREAS, the CITY desires to work in cooperation with the Authority to continue a
municipal recycling program toward achievement and maintenance of the State recycling goal and
the requirements of Chapter 403, Part IV,Florida Statutes; as amended, and
WHEREAS, in addition, the CITY provides for the collection of solid waste from the
residents and businesses and residential recyclable materials within its boundaries and recognizes
the need for safe and sanitary processing and disposal of solid waste and residential recyclable
materials; and
WHEREAS, the CITY wishes to participate in a coordinated County-wide program for
the management of hazardous waste and control of solid waste processing and disposal and
residential recycling participation in cooperation with federal,state, and local agencies responsible
for the prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the CITY together with the Authority recognizes the need to plan and
develop an adequate solid waste and residential recycling system for the benefit of all the residents
of Palm Beach County.
NOW,THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY,
its constituents and the Authority, it is agreed as follows:
1. The above recitals are true and correct and incorporated into the body of this Agreement
as if fully set forth herein.
2. Definitions:
•
• __ _�_� _ z _�� A___. 1 7 _C _at____-.:__ 7\__[ . _ _._ ] , , , .1 .
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING
RECYCLING PROGRAM
THIS Agreement, made and entered into this /844-day of M4-Kc14 , 20 2-1 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the CITY OF BOYNTON BEACH, a municipal corporation, chartered
and organized in accordance with the laws of the State of Florida, hereinafter called"CITY".
WITNESSETH:
WHEREAS, the Authority has been empowered by law to carry out the powers,
obligations and requirements in Palm Beach County, Florida,prescribed to a "county" pursuant to
the provisions of Chapter 403, Part IV, Florida Statutes; as amended, and
WHEREAS, the CITY desires to work in cooperation with the Authority to continue a
municipal recycling program toward achievement and maintenance of the State recycling goal and
the requirements of Chapter 403, Part IV,Florida Statutes; as amended, and
WHEREAS, in addition, the CITY provides for the collection of solid waste from the
residents and businesses and residential recyclable materials within its boundaries and recognizes
the need for safe and sanitary processing and disposal of solid waste and residential recyclable
materials; and
WHEREAS, the CITY wishes to participate in a coordinated County-wide program for
the management of hazardous waste and control of solid waste processing and disposal and
residential recycling participation in cooperation with federal, state,and local agencies responsible
for the prevention, control, or abatement of air,water, and land pollution; and
WHEREAS, the CITY together with the Authority recognizes the need to plan and
develop an adequate solid waste and residential recycling system for the benefit of all the residents
of Palm Beach County.
NOW,THEREFORE,in consideration of the mutual covenants and promises hereinafter
contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY,
its constituents and the Authority, it is agreed as follows:
1. The above recitals are true and correct and incorporated into the body of this Agreement
as if fully set forth herein.
2. Definitions:
Acceptable Load — Any load of otherwise Designated Recyclables that contains no
Prohibited Material and a maximum of 12% Contamination in total, or the Container
component contains no Prohibited Material and a maximum of 12% Contamination and
the Fiber component contains no Prohibited Material and a maximum of 5%
Contamination.
Acceptable Material —Designated Recyclables as defined herein.
Combined-Haul City -- A municipality that has contracted with a Private Hauler
that also services other municipal or unincorporated areas within Palm Beach
County to collect and deliver Residential Recovered Materials to the Authority.
Containers — Includes aluminum cans, aseptic containers, gable-topped containers, glass
bottles and jars(green,brown and clear),and plastic containers#1 -#7(except Styrofoam).
Contaminated Recyclable Material —Any Recyclable Material that does not conform to
the standards for Acceptable Loads.
Contamination —Any material not included in the definition of Designated Recyclables.
Corrugated Cardboard—Containers having liners of either test liner,jute,or kraft.
Designated Facility—The Authority's Recovered Materials Processing Facility(RMPF),
the Authority's transfer stations, a Private Commercial Materials Recycling Facility
(PCMRF) designated by the Authority or any other sites designated by the Authority for
recycling. The Authority reserves the right to add or delete approved facilities with
reasonable notice.
Designated Recyclables — Fiber and Containers as defined herein or other materials
as the Authority may designate.
Equivalent Residential Unit (ERU) — Single-Family and Mobile Homes equal 1
ERU, Multi-Family Homes equal 0.75 ERUs.
Fiber — Includes newspapers (including inserts), magazines and catalogs, phone
books, Corrugated Cardboard, Mixed Paper, Sorted White Ledger, Sorted Office
Paper, and kraft bags.
Mixed Paper— A mixture of various types and grades of paper including but not limited
to: all office paper, colored paper, corrugated cardboard, envelopes (excluding envelopes
with cellophane windows),junk mail, kraft bags, magazines, and catalogs. Mixed Paper
does not include tissue or towel paper.
Municipal Solid Waste or MSW—Garbage,sewage,sludge,septage,rubbish,refuse,and
other discarded solid or liquid materials resulting from domestic, industrial, commercial,
agricultural,and governmental operations,but does not include solid or dissolved materials
in domestic sewage, storm drainage,or other significant pollutants in water resources,such
as silt,dissolved or suspended solids in industrial wastewater effluents,dissolved materials
in irrigation return flows,or other common water pollutants.
Net Revenue—Residential Recovered Materials Revenue minus Processing Cost.
Private Hauler - Any for-profit person or entity providing collection of solid waste
and/or recyclables for hire on a routine basis within the municipality.
Processing Cost — The sum(s) due and payable to the contract operator of the RMPF
by the Authority.
Prohibited Material—Hazardous, medical or biological waste.
Public/Self Hauler -- The municipality providing the collection of solid waste and
recyclables using their own resources rather than using the hauling services of a Private
Hauler.
Recovered Materials Processing Facility(RMPF)—A facility owned by the Authority
that processes Recyclable Material.
Recyclable Material—Includes Containers and Fiber.
Residential Recovered Materials Revenue —Total earned revenue from the sale of
designated Residential Recovered Materials.
Residential Recovered Materials — Designated Recyclables collected from
residential units less Unacceptable Materials and Prohibited Materials delivered to
Designated Facilities.
Self-Haul City—A municipality that collects its own Residential Recovered Materials
and delivers it to the Authority or who uses a private contractor that collects its
Residential Recovered Materials on dedicated routes and can positively demonstrate
that they have collected and are delivering only that jurisdiction's Residential
Recovered Materials to the Authority.
Sorted Office Paper — Office paper including letterhead, computer paper, legal paper,
loose-leaf paper,copy and typing paper.
Sorted White Ledger— White ledger or computer printout paper.
Unacceptable Load—Any load of Designated Material delivered to a Designated Facility
that is deemed not an Acceptable Load as defined herein.
Unacceptable Material — Any material other than Acceptable Material and Prohibited
Material.
3. The purpose of this Agreement is to set forth the terms and conditions for the delivery of
Municipal Solid Waste(MSW)to Designated Facilities and for the operation of a recycling
program between the Authority and the CITY which upon execution by both parties shall
automatically rescind the current INTERLOCAL AGREEMENT FOR THE
DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES
AND FOR A MUNICIPAL RECYCLING PROGRAM and shall become effective
upon filing with the Clerk of the Courts in accordance with Chapter 163,Florida Statutes.
4. The CITY agrees that all MSW and Designated Recyclables collected by or on behalf of
the CITY shall be disposed of at a Designated Facility in accordance with this
5. The CITY agrees to cooperate with the Authority to provide all necessary and required
information to the Authority in a timely manner so that it can be determined if the CITY's
MSW and Designated Recyclables are being delivered to a Designated Facility.
6. The Authority agrees to pay the CITY a minimum of 50% of the Net Revenues earned
from the sale of Residential Recovered Materials attributable to the CITY on a quarterly
basis. The actual percentage will be determined annually through the Authority's budget
process.The Net Revenues to be shared will consist of the Residential Recovered Materials
Revenues received by the Authority for each quarter less the Processing Cost for that
quarter. That amount will be divided by the total tons received to determine an average
price per ton and then multiplied by the adopted annual revenue share percentage to set the
program price to be paid for the quarter. The Net Revenue distribution formula will be
based on the number and type of residential units serviced by the CITY in relation to the
total number of these units for all municipalities participating in this program or on the
actual amount delivered for municipalities that haul their own material. Each participating
municipality will either be classified as a Self-Haul City or a Combined-Haul City. Self-
Haul Cities will receive a revenue share based on the actual weight of Acceptable Loads
delivered to a Designated Facility. Combined-Haul Cities will share the balance of those
net revenues based upon the proportion of their total ERUs serviced in comparison to the
total ERUs serviced for all Combined-Hauler Cities in Palm Beach County.
7. The Authority agrees to maintain its Designated Facilities to ensure adequate capacity for
the CITY's waste and residential recyclables to operate within all applicable local, state
and federal environmental guidelines.
8. Collection of Designated Recvclables
A. Residential
Individual residents/homeowners shall be encouraged by the CITY to separate their
MSW into recyclables and non-recyclables. Each residential unit or combination
of units will receive from the Authority the appropriate type and number of reusable
containers, in accordance with the countywide recycling program, into which
Recyclable Materials will be deposited.
Corrugated Cardboard shall be cut to an acceptable size and flattened, and for
curbside residents,shall be set beside or in the same reusable container as the Fiber.
Residents receiving containerized service may receive a separate container to be
used for the collection of Corrugated Cardboard.
The Authority retains the right to modify the manner in which materials are set out
for collection with reasonable notice to the CITY. Notice for a substantial change
in collection method shall be no less than one year.
B. Commercial
Individual businesses shall be encouraged by the CITY to separate their MSW into
two categories: recyclable and non-recyclable. Businesses contracting for services
will arrange with their service provider to receive one or more containers into which
Recyclable Material may be deposited. Acceptable Materials for commercial
recycling shall include: Containers, Corrugated Cardboard, Sorted White Ledger,
Mixed Paper, Sorted Office Paper, and any other materials agreed to in writing by
the CITY and the Authority.
The Authority reserves the right to add or delete allowable Designated Recyclables and
when doing so will provide the City with reasonable notice to make those changes.
9. Commercial Recycling Revenue Share
As a further incentive for the CITY to actively pursue commercial recycling,the Authority
and the CITY may enter into a separate agreement to provide for payment to the CITY for
all Acceptable Loads of agreed upon commercial Recyclable Materials. Types of
commercial Recyclable Materials eligible for payment shall be determined by the
Authority.
10. Transportation and Equipment
The CITY shall be responsible for having collected Designated Recyclables transported to
a Designated Facility as defined herein. The Authority or its contractor shall receive,
process,dispose of and/or recover all Designated Recyclables delivered by or on behalf of
the CITY, at no charge to the CITY, except for Unacceptable Loads as described below.
Collection equipment must be of a type to provide for rear,side or front unloading and may
be compartmentalized or in separate vehicles.
11. Improperly Prepared and Sorted Recyclable Materials
When a collector's crew encounters improperly prepared and sorted materials or non-
recyclable items, they must follow this procedure:
A. The collector shall pick up all Designated Recyclables except for Contaminated
Recyclable Material or those which cannot be safely retrieved from the reusable
containers. Improperly prepared and sorted materials or contamination will be left
in the reusable containers or temporarily removed and returned to the reusable
containers. The collector shall leave an Authority and/or CITY approved form on
the material or in the container. The form will notify the resident or business that
material has not been properly sorted, and will provide contact information for the
CITY or Authority recycling coordinator for further information. Upon request of
the CITY, the Authority will provide rejection procedure training for the route
drivers. The Authority and the CITY will consult and evaluate the extent of the
need for such training, which shall be provided by the Authority.
As a means of strengthening the CITY's ability to have its collector fulfill the
CITY's recycling needs, the CITY agrees to notify the Authority when preparing
the CITY's future Request for Proposals or Bid for collection services.
B. It shall be the responsibility of the CITY or its Private Hauler to contact residents
or businesses that repeatedly place improperly sorted materials in their designated
container and inform and encourage them to properly sort materials. If the problem
persists, the CITY shall notify the Authority, who shall then assist the CITY in
resoling the problem.
12. Recycling Containers
The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon
recycling containers. The yellow and blue colors reflect a consistent educational
advertising effort through TV commercials, newsprint, radio,mailer,or other source. It is
the CITY's responsibility to make sure it or its Private Hauler has equipment compatible
to provide proper collection of these recycling containers without damage. The CITY or
its Private Hauler shall be responsible for replacement of any recycling container(s)
damaged during service at no cost to the Authority. The Authority reserves the right to add
or delete different size containers and when doing so will provide the City with reasonable
notice to make those changes.
13. Compliance with ZoningQOrdinances
Any transfer,v. ,,., ti,;..g,disposal and/or storage of Municipal Solid Waste and Recyclable
Materials shall be undertaken at a Designated Facility that complies with all local zoning
ordinances and any other applicable local and state statutes, ordinances, and regulations.
The CITY further agrees to use its best efforts to amend or modify its appropriate zoning,
building, or land development code to require new multi-family or commercial
developments to provide adequate space for recycling containers.
14. Delivery of Unacceptable Loads
If the City delivers a load of Designated Recyclables that is deemed to be an Unacceptable
Load, the CITY or its Private Hauler will be charged the actual disposal cost for any
rejected load due to Contamination or equipment failure. The Authority will notify the
CITY or its contractor immediately of an Unacceptable Load. If the problem of
Unacceptable Loads persists (more than two times in a month),the Authority may elect to
monitor the route for proper sorting and tagging procedures,and/or make recommendations
to the CITY.
15. Promotion and Education Responsibilities
The Authority will provide recycling containers and assist in promoting and educating
residents within the CITY in an effort to increase recyclable tonnages and reduce
Contamination.
16. Delivery of Designated Recyclables
The CITY agrees that it shall require that all Designated Recyclables separated from the
normal Municipal Solid Waste stream that are collected by or on behalf of the CITY be
delivered to Designated Facilities as defined herein. The CITY will take such action as is
necessary and available to ensure against and prevent scavenging and unauthorized
removal of such recyclables within the jurisdiction of the CITY.
17. Term
This Agreement shall begin on the later of its effective date or October 1, 2020, and
continue through the following September 30th and shall automatically be renewed for
successive annual periods. Either party may terminate this Agreement on any October 1st
by delivering written notice received by the other party prior to the preceding May 1st. The
Authority will continue to provide the necessary recycling containers and ongoing
education and advertising as provided in this Agreement.Notwithstanding termination,any
rights or duties imposed by law shall remain in effect.
18. Change in Law
In the event any change in law abrogates or modifies any provisions or applications of this
Agreement, the parties hereto agree to enter into good faith negotiations and use their best
efforts to reach a mutually acceptable modification of this Agreement.
19. Notices
All formal notices affecting the provisions of this Agreement shall be delivered in person
or be sent by registered or certified mail to the individual designated below,until such time
as either party furnishes the other party written instructions to contact another individual.
For the Authority: I For the CITY:
Solid Waste Authority of Palm Beach County City of Boynton Beach
7501 North Jog Road P.O. Box 310
West Palm Beach, Florida 33412 Boynton Beach, FL 33425
Attention: Executive Director Attention: City Manager
20. If any clause, section, or provision of this Agreement shall be declared to be
unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or
negated by a change in law, the same shall be eliminated from this Agreement, and the
remaining portion of this Agreement shall be in full force and effect and be valid as if such
invalid portions thereof had not been incorporated herein.
IN WITNESS WHEREOF,the parties hereto have entered into this Agreement effective as of
the dry and year first above written:
As to the Authority:
W1A77e - SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Daniel Executive Director
Date: 3 6-11^1.4
APPROVED AS TO FORM s • WASTE AUTHORITY OF PALM
AND LEGAL SUFFICIENCY B: CH OUNTY
Howard J. e�..W....�,.v.�..�.un
Falcon III �,,, ,?M"';""
General Counsel to the Authority San J.Vasraiotti,Clerk to the Authority
Date: —— Date: 63 Azo L/
(Affix SWA Saul)
ATTEST: As to the CITY:
(Affix Municipal Seal) APPROVED AS TO FORM
AND URAL SICI CY
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1 RESOLUTION NO. R20-123
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN UPDATED INTERLOCAL AGREEMENT BETWEEN
5 THE CITY OF BOYNTON BEACH AND THE SOLID WASTE
6 AUTHORITY OF PALM BEACH COUNTY (SWA) WHICH
7 INCLUDES THE REQUIRED LANGUAGE AS MANDATED IN
8 CS/HOUSE BILL 73 REGARDING REDUCTION IN
9 CONTAMINATION OF RESIDENTIAL RECYCLING
10 COLLECTION AND PROCESSING; AND PROVIDING ` AN
11 EFFECTIVE DATE.
12 WHEREAS, during the last legislative session, the Governor signed CS/House Bill
13 73 adding a new subsection 22 to Florida Statue 403.706. Local Government Solid Waste
14 Responsibilities; and
15 WHEREAS, this new subsection established a requirement that certain language be
16 included in all new or renewed collection contracts between municipalities or counties with the
17 intended goal of reducing contamination in recycling; and
18 WHEREAS. SWA has presented an updated Interlocal Agreement for execution and
19 approval by the City which incorporates the required language; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida. upon the
21 recommendation of staff,deems it to be in the best interests of the City residents to approve and
22 authorize the Mayor to sign an Interlocal Agreement with the Solid Waste Authority of Palm
23 Beach County which includes the required language as mandated in CS/House Bill 73 regarding
24 reduction in contamination of residential recycling collection and processing.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
S\CA\RESO\Agreements ILA With SWA For Municipal Solid Waste Rest)Docx
27 Section 1. Each Whereas clause set forth above is true and correct and incorporated
28 herein by this reference.
29 Section 2. The City Commission of the City of Boynton Beach. Florida does hereby
30 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
31 Beach and the Solid Waste Authority of Palm Beach County which includes the required
32 language as mandated in CS/House Bill 73 regarding reduction in contamination of residential
33 recycling collection and processing, a copy of said Interlocal Agreement is attached hereto as
34 Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 17th day of November, 2020.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor- Steven B. Grant
42
43 Vice Mayor-Ty Penserga
44
45 Commissioner-Justin Katz _
46
47 Commissioner- Woodrow L. Hay ✓
48
49 Commissioner-Christina L. Romelus ✓
50
51 VOTE
52 ATTEST:
53
54
55 21.104(71Ail
56 Ctry,,E l Gibson, M ;.op,rox � 1�,.
57 City Clerk•,�� ,:�r.,. ea t''`'
58
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59 U €.' 1920 ' `' . s
60 (Corporate Seal)k szek ., t
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