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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. 11 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: 23 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". 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 -t:h PASSED AND ADOPTED this aO day of October, 2009. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ;;;;Ii;:;' FLO~DA ~<>. ~JL", Vice Mayor- Woodrow L. ~::~ald Weiland ---.----- ----- ",/ Commissioner - Marlene Ross ATTEST: 'tn. r;~~ Ja et M. Prainito, CMC lty Clcrk S:\CA\RESO\Agreements\Reso -lLA for Municipal Recycling with shared rev.doc KOq-l'5~ 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: ~ SOLID WASTE AUTHORITY OF PALM 13EACH COUNTY WITNESSES: a_~~4' p:? , ivlark I-lammond, Executive Director A TrEST: SOLID WASTE AUTHORITY OF PALM l3EACH COUNTY ~ A TrEST: ~'trJ (Affix Muuicipal Seal) APPROVED AS TO FORM AND LEGAL SUFFlC1ENCY V~~ Legal Counsel Solie! Waste i\uthority or Palm l3eaeh County Date: (///D/01 Sandn .I. Vassalolli, Clerk to the Authority As to the CITY: ~J~ 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 ~'m.~ 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 Z ~()t-\ SO \ " :()\ 't\~ ~ . ~ ,":1-1'1"" j\.l~,; r , I') eft.:'".., '01"\" ! 1\ \ 3'J\;I:'" "'. r'ij .1> .".'" 1-\3\j3\;l'lIO~h;.\l -, 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. ,~~ ~1!1 J~, 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 \ ~:O\ ',\~ r,Z ~G~ tju . \", 7501 N. Jog Road ;\'JU-'!': ( '..:J(\~li.. West Palm Beach, Fl 33412 ... '\""" ,,' (561) 640-4000 - Fax: (561) 640-3400 \,\'J\f)1:l \,\0 ~,'" '0- .p www.swa.org