R09-155
1 RESOLUTION R09-/5 5
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING
5 EXECUTION OF AN INTERLOCAL AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND
7 SOLID WASTE AUTHORITY OF PALM BEACH
8 COUNTY FOR A MUNICIPAL RECYCLING TO ITS
9 NEW FACILITY WITH A REVENUE SHARING
10 PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, On February 17, 2009 the City Commission approved a new inter-
13 local agreement for municipal recycling that would havc expired in September, 2013, and;
14 WHEREAS, the Solid Waste Authority has submitted a new agreement that
15 includcs a provision to share the revenues from the sale of recyclables on a 50-50 split
16 minus the Solid Waste Authority's operating expenses; and
17 WHEREAS, upon the recommendation of staff, the City Commission hereby
18 approves and authorizes the execution of the Interlocal Agreement between the City of
19 Boynton Beach and Solid Waste Authority for a Municipal Recycling Program and
20 revenue sharing program.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon
25 adoption hereof.
26
Section 2.
Upon recommendation of staff, the City Commission does hereby
27 approve and authorize the City Manager and City Clerk to execute this Interlocal
28 Agreemcnt between the City of Boynton Beach and Solid Waste Authority of Palm Beach
S:\CA\RESOV\greements\Reso - ILA for Municipal Recycling with shared rev.doc
1 County for a Municipal Recycling Program and revenue sharing program, a copy of which
2 is attached hereto as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon
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passage.
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PASSED AND ADOPTED this aO day of October, 2009.
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Vice Mayor- Woodrow L.
~::~ald Weiland
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Commissioner - Marlene Ross
ATTEST:
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Ja et M. Prainito, CMC
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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 26 day of August, 2009 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; and
WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into
Interlocal Agreements with municipalities to establish recycling programs and carry out
recycling activities; and
WHEREAS, the CITY desires to work in coopcration 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; and
WHEREAS, the CITY provides for the collection of Solid Waste from the residents and
businesses and Residential Recovered Materials within its boundarics and recognizes the need
for safe and sanitary processing and disposal of Solid Waste and Residential Recovered
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 aJl(i disposal and
residential recycling participation in cooperation with federal, state, and local agencI es
responsible for the prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the Authority and City wish to enter into this lnterlocal Agreement to set
out the tenns of this coordinated program;
NOW, THEREFORE, In consideration of the mutual covcnants and promises
hereinafter contained to be kept and perfonned by the parties hereto, and for the mutual benefit
of the CITY, its constituents and the Authority, it is agreed as follows:
I. Purnose
The purpose of this Agrecment is to set forth the temlS and conditions for the delivery of
municipal Solid Wastc to Designatcd Facilities and for the operation of a recycling
program between the Authority and the CITY in this combined agreement which upon
execution by both parties shall automatically rescind the INTERLOCAL
AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO
DESIGNA TED 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.
2. Deliverv
The CITY agrees that all Solid Waste and Residential Recovered Materials collected by
or on behalf of the CITY shall be disposed of at a Designated Facility in accordance with
this Agreement.
3. Information
The CITY agrees to cooperate with the Authority to provide all necessary and required
infonnation to the Authority in a timely manner so that it can be determined if the
CITY's Solid Waste and Residential Recovered Materials are being delivered to a
Designated Facility.
4. Revenue Sharing
The Authority agrees to pay the CITY a minimum of 50% of the Net Revenues earned
trom the sale of Residential Recovered Materials attributable to the CITY on a quarterly
basis. The actual percentage will be detennined annually through the Authority's budget
process. Net Revenues are defined as Recovered Residential Materials Revenue less
Processing Cost. The Net Revenue distribution fonnula will be based on Equivalent
Residential Units (ERU's) serviced by the CITY in relation to the total number of these
units for all county municipalities less the ERU's serviced by participating Self Haul
Cities or on the actual amount delivered for municipalities that haul their own material.
(see Ex. A.)
5. Facilitv Availabilitv
The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the
CITY's Solid Waste and Residential Re<:overed Materials and to operate within all
appli<:able local, state and federal environmental guidelines.
6. Compliance with Zoning Ordinances
Any transfer and/or disposal of Solid Waste and Residential Recovered Materials shall be
undertaken in a location suitable and adequate for such activity and shall comply with all
local zoning ordinances and any other applicable local and state statutes, ordinances and
regulations.
The CITY fl1rther 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 adequatc space for recycling containers.
7. Collection of Recvclable Material
Individual residents/homeowners shall be encouraged by the CITY to separate their Solid
Waste into Recyclable Material and non-Recyclable Material. Each residential unit or
combination of units will receive the appropriate type and number of reusable containers,
in accordance with the countywide recycling program, into which Residential Recovered
Materials will be deposited.
The Authority retains the right to modify the manner in which materials are set out for
collection with proper notice to the ClTY.
The Authority reserves the right to add or delete allowable Recyclable Materials and
when doing so will provide the City with sufficient notice to make those changes.
8. Commcrcial Rccveling Revenuc 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 certain high quality separated materials. Types of commercial recyclable
materials eligible for payment shall be determined by the Authority.
9. Improperlv Prepared Residential Recovered Materials
The City will make every reasonable effort to ensure that the collector picks up all
Residential Recovered Materials and delivers Acceptable Loads to a Designated Facility.
As a means of strengthening the CITY's ability to have its collector fulfill the ClTY's
recycling needs, the CITY agrees to notify and consult with the Authority when preparing
the CITY's future request for collection franchise bids.
It shall be the responsibility of the CITY or its collector 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 thc CITY in resolving the problem.
10. Recvcling 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. The
Authority will periodically replace these containcrs at its cost to allow for nonnal wear
and tear.
It is the CITY's responsibility to make sure it or its collection contractor has equipment
compatible to provide proper collection of these recycling containers without damage.
The CITY or its collection contractor shall be responsible for replacement of any
recycling container(s) damaged during scrvice at no additional cost to the Authority.
12. U naceeptab I e Loads
In the event that a load of supposed Residential Recovered Materials delivered to a
Designated Facility when dumped contains:
I) In total less than 88% by volumc Recyclable Material or
2) thc Container Recyclable Material load contains less than 88% Container Recyclable
Material or
3) the Fiber Material load contains less than 95% Fiber Material, then
it shall be deemed an Unacceptable Load and the Authority has the right to reject the load
and to charge the City the full disposal fee for each ton within the load. In the event that the
same vehicle dclivers subsequcnt Unacceptablc Loads, the City shall also be penalized a
base fine of $250 times the number of of lenses (Example: fourth offense - $1,000.00).
13. Promotion and Education Responsibilities
The Authority will providc recycling bins/containers and assist in promoting and
educating residents within the CITY in an effort to work together and increase recyclable
tonnages.
14. Scavcnging
The CITY will take such action as is necessary and reasonable to ensure against and
prevent scavenging and unauthorized removal of such recyclables within the jurisdiction
of the CITY.
15. Tenn
This Agreement shall begin on the later of its effective date or October 1, 2009 and
continuc through September 30, 2014 and shall automatically be renewed for successive
tlve (5) year periods. Either party may temlinate this agreement on any renewal date by
providing written notice to the other party by the preceding April 30th. Notwithstanding
termination, any rights or duties imposed by law shall remain in elTeet.
1 G. Clull1!2.e in Law
In the event any change in law abrogates or modi lies any provisions or applications of
this Agreement. the parties hereto agree to enter into good I~lith negotiations and use their
best efforts to reach a mutually acceptable modification of this Agreement.
17. Notices.
All formal notices aflCeting the provisions of this Agreement shall he delivered in person
or be sent by registered or certified mail to the indi vidual designated below, until such
time as either party furnishes the other party written instructions to contact another
individual.
For the Authority: For the CITY:
Solid Waste Authorilv of Palm l3eaeh Countv City of Boynton Beach
. .
750] North Jog Road Po Box 3 10
West Palm Beach, Florida 33412 Boynton Beach, FL 33425
Attention: Executive Director Attention: City Manager
] 8. Scvernbilitv
If any clause, section, or provision of this Agreement shall be declared to be
unconstitutional, invalid or uncnfclI'ccablc Cor any cause or reason, or is abrogated or
negated by a change in law, the same shal] be e]iminated Ii-om this Agreement, and the
remaining portion of this Agreement sha]1 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 later of October 1,2009 or the day and year first above written:
As to the Authority:
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SOLID WASTE AUTHORITY OF
PALM 13EACH COUNTY
WITNESSES:
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ivlark I-lammond, Executive Director
A TrEST:
SOLID WASTE AUTHORITY OF
PALM l3EACH COUNTY
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A TrEST:
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(Affix Muuicipal Seal)
APPROVED AS TO FORM
AND LEGAL SUFFlC1ENCY
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Legal Counsel
Solie! Waste i\uthority or Palm l3eaeh County
Date:
(///D/01
Sandn .I. Vassalolli, Clerk to the Authority
As to the CITY:
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KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, FL
Date:
EX. A
Recovered Materials Revenue Sharing Program
Definitions:
Acceptable Load - Any load of otherwise Residential Recovered Material that contains no
Prohibited Material and a minimum of 88% Recyclable Material in total, the containerized
material component contains a minimum of88% Container Recyclable Material and the fiber
component contains a minimum of 95% Fiber Material.
Acceptable Material- Container Material and Fiber
Container Recyclable Material - Includes aluminum cans, foil and pans; aseptic containers;
gable-topped containers; glass bottles and jars (green, brown and clear); and plastic containers #
I - #7 (except Styrofoam). Upon commencement of operation of the new RMPF (est. 10109)
steel cans may be added to this category.
Combined Haul City - A political subdivision that has executed this Agreement and delivers its
Residential Recovered Materials to the Authority along with Residential Recovered Materials
collected from residential properties from other political subdivisions participating in the
Revenue Sharing program.
Designated Facility - The Authority's RMPF, RMRF, any SW A owned and operated transfer
station or any other facility specifically authorized by the SW A.
Equivalent Residential Unit (ERU) - Single Family and Mobile Homes equal I ERU, Multi-
Family Homes equal .75 ERUs.
Fiber Material - Includes newspapers (including inserts); magazines and catalogs; phone
books; corrugatcd cardboard; and krat! bags. Upon commencement of operal1on of the new
RMPF (est. 10/09) Residential Mixed Paper may be added to this category.
Net Rcvenuc - Recovered Residential Materials Revenue minus Processing Cost
Proecssing Cost - RMPF Operator's Fee
Prohibited Material - Hazardous, medical or biological waste
Recyclable Material - Includes Container Recyclable Material and Fiber
Residential Mixed Paper - Includes cereal boxes and junk mail
Recovered Residential Materials Revenue - Total earned revenue from the sale of Residential
Recovered Materials
Rcsidential Recovered Materials - Acceptable Materials collected from residential units less
Unacceptable Materials and Prohibited Materials dclivered to the Authority's Designated
Facilities
Revenue Sharc - Approved percentage to be applied to Net Revenue for payment to
participants. The minimum shall be 50%.
Rccovered Materials Processing Facility (RMPF) - A new facility that will replace the
RMRF. Estimated date of operation is 1011/2009.
Residential Materials Recycling Facility (RMRF) - The existing Residential Materials
Recycling Facility. A replacement facility (RMPF) is under construction and expected to be
operational on or about October, 2009.
Self Haul City - A political subdivision that has executed this Agreement and collects its own
Residential Recovered Materials and no other material and delivers it to the Authority or who
uses a private contractor that collects its Residential Recovered Materials and no other material
on dedicated routes and can positively demonstrate that they have collected and are delivering
only that jurisdiction's Residential Recovered Materials to the Authority.
Solid Wastc - Solid waste means garbage, sewage, sludge, septage, rubbish, refuse,
and other discarded solid ur 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.
Unacceptable Material - Any material other than Acceptable Material and Prohibited Material
Revenue Share Calculations
Thc Net Revenues to be shared will consist of the Recovered Residential 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 receivcd to detennine an average price per ton and then
multiplied by the adopted annual revenue share percentage (minimum 50%) to sct the program
price to be paid for the quarter.
Each participating municipality will either be classified as a Self Haul City or a Combined Haul
Clty. Self Haul Cities will receive a revenue share based on the actual weight of Acceptable
Loads delivered to an approved facility. The others will share the balance of those revenues in
proportion with their total ERU's serviced in comparison to the totals for all cities in Palm Beach
County exccpt the Self Haul Cities.
Participating entities will be required to sign anlLA that automatically renews at the end of each
tenn. Either pm1y may terminate the ILA early effective any renewal date with a minimum of
five months notice.
The Authority Will continue to provide the necessary bins and ongoing education and advertising
as provided in this Agreement.
The CitlJ ol BolJnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
November 4, 2009
Ms. Susan Chapman
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, FL 33412
Re: Resolution # R09-155 ILA for the Delivery of Municipal solid Waste to Designated
Facilities and for a Municipal Revenue Sharing Recycling Program
Dear Ms. Chapman:
Attached for your handling are three (3) partially executed agreements and a copy of the Resolution
mentioned above. Once the agreements have been signed, please return one original to the City
Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
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et M. Prainito, CMC
City Clerk
Attachments
CC: Jean Murphy
tis
s. \CC\ WP\AFTER COMMISSION\Other Transmittal Letters After Commission \2009\R09-155 lLA Solid Waste. doc
America's Gateway to the Gu(fstream
November 18, 2009
Ms. Janet Prainito
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
Dear Ms. Prainito:
The Solid Waste Authority appreciates your assistance in executing the Inter-local
Agreement. I am enclosing an executed copy for your records.
Please do not hesitate to contact me if I can be of any assistance in the future.
Thank you again!
Sincerely,
yj~C~
Susan N. Chapman
Recycling Program Development Coordinator
7501 N. Jog Road
West Palm Beach, FL 33412
(561) 640-4000 - Fax: (561) 640-3400
www.swa.org
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Jean Murphy
FROM: Janet M. Prainito, CMC
City Clerk
DATE: November 24, 2009
SUBJECT: R09-155 Interlocal Agreement for the Delivery of Municipal solid
Waste to Designated Facilities and for a Municipal Revenue
Sharing Recycling Program
Attached for your information and files is a copy of the fully executed agreement
mentioned above. Since the document has been fully executed, I have retained the
original for Central File.
Thank you.
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Attachments (2)
(Executed Agreement & Resolution)
C: Central File
s: ICCI WPIAFTER COMMISSIOMDepartmental Transmittalsl2009Vean Murphy R09-155 Executed Agreement.doc
America's Gateway to the Gulfttream
November 18,2009
Ms. Janet Prainito
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
Dear Ms. Prainito:
The Solid Waste Authority appreciates your assistance in executing the Inter-local
Agreement. I am enclosing an executed copy for your records.
Please do not hesitate to contact me if I can be of any assistance in the future.
Thank you again!
Sincerely,
yJfJ/4C~
Susan N. Chapman
Recycling Program Development Coordinator
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7501 N. Jog Road ;\'JU-'!': ( '..:J(\~li..
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(561) 640-4000 - Fax: (561) 640-3400 \,\'J\f)1:l \,\0 ~,'" '0- .p
www.swa.org