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