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R04-005 " . RESOLUTION R04- OOS" A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR MUNICIPAL RECYCLING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Of Boynton Beach currently has an Interlocal i Agreement for Municipal Recycling with the Solid Waste Authority of Palm Beach County, and; WHEREAS, the renewal of said Agreement will allow the City to operate a Municipal Recycling Program in cooperation with the Solid Waste Authority to achieve and maintain the State recycling goal and requirements of Chapter 403, Part IV, Florida Statutes. WHEREAS, staff has reviewed the Interlocal Agreement, a copy of which is attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Upon recommendation of staff, this Commission does hereby authorize execution of this Interlocal Agreement between the City of Boynton Beach and Solid Waste Authority of Palm Beach County, which Agreement is s:\ \RESO\Agreements\lnterlocals\lnterlocal Agreement for Municipal Recycling.doc " attached hereto and made a part here. Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this L day of January, 2004. CITY OF BOYNTON BEACH, FLORIDA I L- / ATTEST: \---_- ~ YD. ~ Cit Clerk (Corporate Seal) s:\ \RESO\Agreements\lnterlocals\lntertocal Agreement for Municipal Recycling.doc Rotl-oos- INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING THIS AGREEMENT, made and entered into tills b day of ..k",,~, 2001 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COU TY, a dependent special district created pursuant to Chapter 75-473, 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", to enter into an Interlocal Agreement for Municipal Recycling and Grant Management in accordance with Chapter 403, Part IV, Florida Statutes. WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, 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 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. NOW, THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit ofthe City and the Authority, it is agreed as follows: 1. City agrees to collect or to enter into a contract for the collection of Recyclable Materials as defined in Section 7. 2. City agrees to cooperate with the Authority to provide all necessary and required information to the Authority so that the City and the Authority can determine if the City's recycling program is meeting the requirements of the Authority's countywide recycling program and other applicable state and local laws. 3 Recyclable Collection Service A. Residential Curbside and Containerized Service This provision applies to residential units receiving curbside or containerized solid waste collection service. Municipal or contract crews shall collect all Recyclable Materials (defined in Section 7) from designated residential units within the City. Authority provided promotional materials may be distributed, informing the residents as to when and how the Recyclable Materials will be collected. No residents will be deleted from collection because of infrequent participation, unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection service 1 area. Before deleting any residents from participation, the City will notify the Authority why it believes such residents should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. B. Commercial Service This provision applies to commercial establishments located within the City's limits. Municipal or contract crews shall collect Recyclable Materials (defined in Section 7) from designated commercial units within the City. The Authority is available to provide informational/educational material and conduct waste audits when requested by the City. No business will be prevented from participating unless it is determined by the City and the Authority that the recycling collection is not feasible in a particular solid waste collection area. Before deleting any commercial establishments from participation, the City will notify the Authority why it believes such commercial establishments should be deleted and give the Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances and make a recommendation to the City. The City is expected to develop a plan which provides direct recycling collection services to the majority of the businesses within the City's limits, and will endeavor to include all commercial businesses. The Authority is available to assist in developing the plan or programs to achieve this goal, or to provide direct collection services on a cost basis when requested by the City. 4 Collection Schedule The collection schedule shall have a minimum frequency of once per week for each Residential and Commercial Unit and shall be made on a day as determined by the City or Collector. 5 Point of Collection Collection shall be at curbside, or within the public right-of-way adjacent to the paved roadway, or adjacent to/in the same location as designated for garbage/refuse collection 6 Data Collection The City or its collector shall provide the Authority the following data each month for each route and collection crew: A. Total number of households or businesses on each route. B. Number of households setting out any or all materials for the month. C. Total weight of residential materials and total weight of commercial material collected for the month. D. Residential and Commercial Material disposition, including date, type, and quantity of material discharged at each Authority designated facility. 2 E. Collection hours. This data shall be submitted in a monthly report to the Authority's Recycling Department by the 15th day of the month following the end 0 f each month. Data sheets shall be available from the Authority on request. All data and program information shall be retained for the period of the Agreement. The Authority has the right to request any additional collection or contract-related information from the Village as may be required for the program The Village has the right to request quarterly progress reports from the countywide program. 7 Collection of Source-Separated Recyclable Material A. Residential Individual residents/homeowners shall be encouraged by the Village to separate their solid waste into recyclables and nonrecyclables. 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 Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: aluminum cans, foil and pans; aseptic containers; gable-topped containers; glass bottles and jars (green, brown and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Fiber Recyclable Materials shall mean: newspapers (including inserts); magazines and catalogs; phone books; corrugated cardboard; and kraft bags. Fiber Recyclable Materials shall be placed loose in the other appropriately designated reusable container . 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 Recyclable Material . Residents receiving containerized service may receive a separate container to be used for the collection of Corrugated cardboard. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the Village. Notice for a substantial change in collection method shall be no less than one year. B. Commercial Individual businesses shall bee ncouraged by the Village to separate their solid waste into two categories, recyclable and non-recyclable. Businesses contracting for services will arrange with service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include Commingled Recyclable Materials, Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office Paper and any other materials agreed to in writing by the Village and the Authority. Commercial recyclable materials shan be sorted by the business by type and placed in separate containers. Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office Paper are more specifically defined as 3 (1) Sorted White Ledger - white ledger or computer printout paper. Dry and rree of contaminants. (2) Sorted 0 ffice Paper - office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper. (3) Corrugated Cardboard - containers having liners of either test liner, jute, or kraft. (4) Mixed Paper - a mixture of various types and grades of paper including but not limited to: all office paper, 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 type paper. S 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. 9 Transportation and Equipment The City shall be responsible for having collected Recyclable Materials transported to an Authority designated facility, including, but not limited to, the Authority's Residential Materials Recycling Facility (RMRF), the Authority's Commercial Materials Recycling Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) or any other sites designated by the Authority for recycling. The Authority or its contractor shall receive, process, dispose and/or recover all Recyclable Materials delivered by or on behalf of the 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. 10 Improperly Prepared Recyclable Materials When a collector's crew encounters improperly prepared materials or nonrecyclable items, they must follow this procedure: A. The collector shall pickup all Recyclable Materials except those contaminated by putrescible waste or those which cannot be safely retrieved from the reusable containers. Improperly sorted materials or contaminated materials will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or City approved fonn on the material or in the container. The fonn will notify the resident or business that material has not been properly sorted, and will provide information on how to 4 contact 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 shaH be provided by the Authority. As a means of strengthening the City's abiJity to have the collector fulfill the City's recycling needs, the City may consult with the Authority when preparing the City's future request for collection franchise bids. B. It shall be the responsibility of the City or collector to contact residents or businesses who 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 shaH then assist the City in resolving the Problem. 11 Compliance with Zoning Ordinances Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and 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. 12 Unacceptable Materials Criteria has been established for acceptance of loads deemed suitable for processing at the Authority designated facilities. If the load contains in excess of 3.5% non-recyclable materials by weight, or if there is more than 3.5% paper products within the other Commingled Recyclable Material or visa versa, the receiving facility will either reject the load for recycling or process the load, segregating contaminants. It will be the responsibility of the City to dispose of any rejected loads in a suitable manner and/or pay the Authority for processing and/or disposal of contaminants in excess of 3.5%. If the problem persists, future loads will be inspected before dumping and, if unacceptable, will be rejected. If this occurs too frequently (e.g. more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the City. 13 Promotion and Education Responsibilities The Authority and the City shall participate in promotion and educational efforts as outlined below: A. The City shall be responsible to at least once a year advertise or distribute notices of service to each targeted business and/or household, and for the development, printing and supplying of promotional and educational materials as needed. 5 B. The City or Collector shall distribute notices of improperly prepared materials, of collection schedule changes, of unacceptable materials or any other pertinent information to residents and businesses as required. C The City or Collector shall require employees to deal courteously with customers on the telephone and on the route to promote the collection service and explain proper material preparation. D Throughout the term of this Agreement, the Authority shall be available to participate in promoting the collection service at area fairs, neighborhood association programs, or other community events, and the Authority shall be available to give advice to the City on promotional and educational materials' content and presentation, at no cost to the City. 14 Delivery of Collected Material The City agrees that it shall require that all Recyclable Materials separated 1Ìom the normal waste stream that are collected by or on behalf of the City shall be delivered to Authority designated facilities. The Authority may, 1Ìom time to time, undesignate a facility. The City will take such action as is necessary to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the City. 15 Changes in the Law Should the State of Florida or the Authority determine any of the items described in Section 8 to be non-recyclable or designates new Recyclable Materials during the tenn of this Agreement, the Authority and the City will negotiate a method for modifying or terminating this Agreement, as appropriate. 16 Term This Agreement shall begin the date herein above and continue through and including September 30, 2008. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be tenninated by the mutual written consent of both parties. 17. This Agreement may be modified only by the mutual written consent of both parties. 18 In the event of any changes in law that abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 19 All fonnal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail or by facsimile to the individual designated 6 below, until such time as either party furnishes the other party written instructions to contact another individual: For the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director Facsimile Number 561-683-4067 For the City: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33426 Attention: City Manager Facsimile Number: 561- 375-6090 20 Designation ofRecyc1ing Coordinator The City and the Authority shall each designate an individual in its regular employ to be the recycling coordinator. Such individual will be the contact person for the Authority or the City to contact each other and for residents participating in the program to contact. Such individual will also be available to participate in/or coordinate jointly sponsored educational, promotional, and related presentations. 21 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 rrom this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such portions thereof had not been incorporated herein. (The remainder of this page intentionally left blank.) 7 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY ' A / -1 . G ,...� tie % / :-.1-- ----- cutive Director / APP ' I VED AS TO LEGAL FORM AND SUFFICIENCY: By: IL ..A / / _�i �/_ Maureen Cullen, Solid Waste Authority MUNICIPALITY: WITNESSES: City of Boynton Beach j i ' / -d - Al t4-(4 c..,,. -- By: K,uar 3rtssner' C M Prnagef t APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: L:LI2A 0 ET M. PRAINITO, CMC, CITY CLERK (S 1 .< : (co;' N.pE`.. , 4 ` \ \1 2 a. A70111 ` 8