R09-032
11 I
1 RESOLUTION R09-0_-t2-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND SOLID WASTE AUTHORITY
7 OF PALM BEACH COUNTY FOR A MUNICIP AL
8 RECYCLING PROGRAM AND THE DELIVERY OF
9 MUNICIP AL SOLID WASTE TO A DESIGNATED
10 FACILITY; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the City Of Boynton Beach currently has two Interlocal Agreements
13 including one for Municipal Recycling which expired on September 30, 2008 and one for
14 the Delivery of Municipal Solid Waste which expires in 20 I 0 with the Solid Waste
15 Authority of Palm Beach County, and;
16 WHEREAS, for housekeeping purposes the Solid Waste Authority is combining
17 the Interlocal Agreements into one document with one expiration date effective September
18 30,2013 with an automatic renewal period of five (5) years upon mutual agreement; and
19 WHEREAS, upon the recommendation of staff, the City Commission hereby
20 approves and authorizes the execution of the Interlocal Agreement between the City of
21 Boynton Beach and Solid Waste Authority for a Municipal Recycling Program and the
22 Delivery of Municipal Solid Waste to Designated Facility.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 doption hereof.
28 Section 2. Upon recommendation of staff, this Commission does hereby
:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement for Municipal Recycling (2009).doc
II I
1 approve and authorize the City Manager and City Clerk to execute this Interlocal
2 Agreement between the City of Boynton Beach and Solid Waste Authority of Palm Beach
3 County for a Municipal Recycling Program and the Delivery of Municipal Solid Waste to
4 Designated Facility, a copy of which is attached hereto as Exhibit "A".
5 Section 3. That this Resolution shall become effective immediately upon
6 passage.
7 PASSED AND ADOPTED this ~ day of February, 2009.
8
9 CITY OF BOYNTON BEACH, FLORIDA
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18 Commissioner - Ronald Weiland
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24 Commissioner - Marlene Ross
25 ATTEST: ~
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:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement for Municipal Recycling (2009).doc
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INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this~o-\aay of ,"~~~u.~OOibbYn~
and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a de e~nt ~~
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinj;er 0-"
called "Authority", and the CITY OF BOYNTON BEACH, FLORIDA, a muni!al ~~~
corporation, chartered and organized in accordance with the laws of the State of FlorI a, s~;i
hereinafter called "CITY", :J> <I}~
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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; and
WHEREAS, in addition, the CITY provides for the collection of solid waste from the
residents and businesses and residential recyclables 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 Palm Beach County 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 purpose of this Agreement is to set forth the terms and conditions for the delivery of
municipal solid waste to designated 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 Municipal
Recycling and Grant Management" set to expire on September 30, 2008 and the
"Interlocal Agreement for Delivery of Municipal Solid Waste to a Designated Facility"
expiring on September 30, 2010 previously entered into by the parties and shall become
t#f-DJ:L
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this.;}o-\'aay of "~~~d..~009 by
and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a de endent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called "Authority", and the CITY OF BOYNTON BEACH, FLORIDA, 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 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; and
WHEREAS, in addition, the CITY provides for the collection of solid waste from the
residents and businesses and residential recyclables 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 Palm Beach County 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 purpose of this Agreement is to set forth the terms and conditions for the delivery of
municipal solid waste to designated 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 Municipal
Recycling and Grant Management" set to expire on September 30, 2008 and the
"Interlocal Agreement for Delivery of Municipal Solid Waste to a Designated Facility"
expiring on September 30, 2010 previously entered into by the parties and shall become
effective upon filing with the Clerk of the Courts in accordance with Chapter 163,
Florida Statutes.
2. The CITY agrees that all solid waste and residential recyclables collected by or on behalf
of the CITY shall be disposed of at an Authority operated facility or Authority permitted
facility ("designated facilities"), in accordance with this Agreement.
3. 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 solid waste and residential recyclables are being delivered to a designated
facility.
4. The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the
CITY's waste and residential recyclables to operate within all applicable local, state and
federal environmental guidelines.
5. Compliance with Zoning Ordinances
Any transfer and/or disposal of solid waste and 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.
6. Waste Disposal Requirements
All solid waste and residential recyclables collected by or on behalf of the CITY shall be
disposed of at an Authority operated or permitted facility in accordance with the criteria
established for acceptance of loads deemed suitable for processing at the designated
facilities.
7. Collection of Source-Separated Recyclable Material
A. Residential
Individual residentslhomeowners shall be encouraged by the CITY 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.
Page 2 of 7
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 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 solid
waste 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: Commingled Recyclable Materials,
Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office
Paper and any other materials agreed to in writing by the CITY and the Authority.
Commercial recyclable materials shall be sorted by the business by type and
placed in separate containers. Corrugated Cardboard, Sorted White Ledger,
Mixed Paper and Sorted Office Paper as more specifically defined as follows shall
be prepared for collection in accordance with the collection standards below:
(1) Sorted White Ledger - white ledger or computer printout paper. Dry and
free of contaminants.
(2) Sorted Office 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.
8. 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. Absent this agreement, the CITY may choose to dispose of all commercial
recycling at any private material recycling facility.
Page 3 of 7
9. Transportation and Equipment
The CITY shall be responsible for having collected Recyclable Materials transported to a
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 of and/or recover all Recyclable Materials
delivered by or on behalf ofthe 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 non-recyclable
items, they must follow this procedure:
A. The collector shall pickup all Recyclable Materials except for those contaminated
by non-recyclable material 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
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 information
on how to 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 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 and 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 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 the
CITY in resolving the problem.
11. 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 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 service at no additional cost to the Authority.
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12. 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.
13. Unacceptable Materials
Criteria have been established for acceptance of loads deemed suitable for processing at
designated facilities. If the load contains in excess of 12% non-recyclable materials by
volume, the receiving facility will reject the load. The CITY or its contractor will be
charged the actual disposal cost and a $250.00 processing fee for any rejected load due to
contamination or equipment mechanical failure. The Authority will notify the CITY
immediately of a contaminated 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.
14. Promotion and Education Responsibilities
The Authority will provide recycling bins/containers and assist in promoting and
educating residents within the CITY in an effort to work together and increase recyclable
tonnages.
15. Delivery of Collected Material
The CITY agrees that it shall require that all Recyclable Materials separated from the
normal waste stream that are collected by or on behalf of the CITY shall be delivered to
designated facilities. The Authority may, from time to time, undesignate a facility. 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.
16. Term
This Agreement shall begin on the date herein above and continue through September 30,
2013, and may be renewed for a period of five (5) years upon mutual agreement.
Notwithstanding termination, any rights or duties imposed by law shall remain in effect.
This Agreement may be modified only by the written consent of both parties; or
terminated by either party upon one hundred twenty days (120) days written notice to the
other. The effective date of termination will be the last day of the fiscal year in which the
notice was given.
Page 5 of 7
17. 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.
18. 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: For the CITY:
Solid Waste Authority of Palm Beach County City of Boynton Beach
7501 North Jog Road 100 E. Boynton Beach Boulevard
West Palm Beach, Florida 33412 Boynton Beach, FL 33435
Attention: Executive Director Attention: City Manager
19. 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written:
As to the Authority:
WITNESSES: SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
\(y- -- ~~ /~
Mark Hammond, Executive Direc{or
ATTEST: SOLID WASTE AUTHORITY OF
PAL EACH COUNTY
andra J. Vassalotti, Clerk to the Authority
APPROVED AS TO FORM
~ LEGAL SUFFICIENCY
__!!&iArlttL tfA--
Legal Counsel
Solid Waste Auth
As to the CITY:
ATTEST: CITYU=ACH
Kurt Bressner, City Manager
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~
Office of the City Attorney
H:\1990\900182.BB\Agreements 2008\ILA-SWA (Solid Waste-Recycling).doc
Page 7 of 7
The Citg ol BoljDtOD 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
February 20, 2009
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, FI 33412
Attention: Mr. Mark Hammond
Executive Di rector
Re: Resolution # R09-032 Interlocal Agreement for the Delivery of Municipal Solid
Waste to Designated Facilities and for a Municipal Recycling Program
Dear Mr. Hammond:
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,
cm OF BOYNTON BEACH
.
~m.~
J et M. Prainito, CMC
City Clerk
Attachment
CC: Jeff Livergood, Public Works
tis
s: \ CC\ WP\AFTER COMMISSION\ Other Transmittal Letters After Commission \2009 \R09-032 Solid Waste Authourity of PBC.doc
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