R10-133
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1 RESOLUTION NO. R 10 - 1'33
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING AND AUTHORIZING THE CITY
7 MANAGER TO EXECUTE A THREE YEAR
8 PROCESSING AGREEMENT BETWEEN THE CITY
9 OF BOYNTON BEACH AND SUN RECYCLING, LLC.,
10 TO ALLOW THE CITY TO TRANSFER RECYCLING
11 MA TERIAL ALLOWING FOR TRACKING OF
12 MATERIAL AT A LOWER COST PER TON, IN AN
13 ESTIMA TED EXPENDITURE OF $327,600.00 PER
14 YEAR; AND PROVIDING AN EFFECTIVE DATE.
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17 WHEREAS, currently the Solid Waste Division is taking only construction and
18 demolition debris to the Sun Recycling site however it is available for additional recycling
19 materials including yard waste and mixed recyclables; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to enter
22 into a Processing Agreement with Sun recycling, LLC., to allow the City to transfer
23 recycling materials including yard waste, mixed recyclables and construction and demolition
debris to the Sun Processing Facility allowing for tracking material at a lower cost per ton
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.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
31 hereby authorize and direct the City Manager to execute a Service Agreement between the
S:\CA\RESO\Agreements\Reso - Sun Recycling 092110.doc
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1 City of Boynton Beach and Sun recycling, LLC., to allow the City to transfer recycling
2 materials including yard waste, mixed recyclables and construction and demolition debris to
3 the Sun Processing Facility allowing for tracking material at a lower cost per ton for an
4 estimated annual expenditure of $327,600.00, a copy of said Agreement is attached hereto as
5 Exhibit "A."
6 Section 3. This Resolution shall become effective immediately upon passage.
7 AX-
8 PASSED AND ADOPTED this ~ day of September, 2010.
9 CITY OF BOYNTON BEACH, FLORIDA
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14 L ~d"2 ~~~. /t/~.
15 v~a r - . lene Ross
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1 Commisso ner - William Orlove
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2 ATTEST:
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S:\CA\RESO\Agreements\Reso - Sun Recycling 092110.doc
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R ,,, -I 33
PROCESSING AGREEMENT
TIllS PROCESSING AGREEMENT is made this day
of , 2010 by and between SUN RECYCLING, LLC,
("SUN") a Florida limited liability company, 790 Hillbrath Drive,
Lantana, Florida and the CITY OF BOYNTON BEACH, a Florida
municipal corporation ("CITY"), 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
WITNESSETH:
WHEREAS, SUN owns and operates solid waste processing
centers and transfer stations; two of the processing centers being
located in Palm Beach County with the closest in proximity to the
CITY located in the Town of Lantana, which operates from 7: 00
a.m. to 6:00 p.m. The processing facilities process, recycle, and
market recycled solid waste products using advanced technology;
and
WHEREAS, Chapter 403, Part IV, Florida Statutes, provides
the authority to require municipalities "to adequately plan and
provide efficient, environmentally acceptable solid waste
management" and to "plan for and regulate In the most
economically feasible, cost-effective and environmentally safe
manner the storage, collection, transport, separation, processing,
recycling, and disposal of solid waste in order to protect the health,
safety and welfare; enhance the environment. . . and recover
resources which have the potential for further usefulness"; and
WHEREAS, the SUN facility at Lantana is fully permitted
and licensed by the Solid Waste Authority of Palm Beach County
("SW A"), the Palm Beach County Health Department, and the
Florida Department of Environmental Protection and is available to
the CITY to allow it to reach its recycling goals and those required
by Chapter 403, Part IV, Florida Statutes, including but not limited
to the long term goal (2020) of the CITY to reduce the amount of
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recyclable solid waste disposed of by a statewide average of at
least 75 percent; and
WHEREAS, SUN will provide CITY with the necessary
documentation to support CITY's Leadership In Energy and
Environmental Design (LEED) certification for CITY projects so
designated.
NOW THEREFORE, for good and valuable consideration,
the parties agree as follows:
1. The representations set forth herein above are true and correct
and incorporated herein by reference.
2. SUN, at its Lantana facility, will receive construction and
demolition debris as defined in Chapter 403, Part IV, Florida
Statutes from the CITY. The foregoing shall include yard
waste and recyclables generated by the CITY.
3. The initial term of this Agreement shall be for three (3) years
from the date of execution by all parties. In addition, the
CITY shall have the option to renew- this Agreement for two
additional three-year periods by providing ninety (90) days'
written notice of its election to do so prior to the end of the
existing term.
4. SUN agrees to charge the CITY and the CITY agrees to pay
as follows:
a. During the first year of this Agreement, Three Dollars
($3.00) per ton for mixed recyclables below the
promulgated rate charged for "trash" by the SW A.
b. During the second year of this Agreement, Two Dollars
($2.00) per ton for mixed recyclables below the
promulgated rate charged for "trash" by the SWA.
c. During the third year of this Agreement, Two Dollars
($2.00) per ton for mixed recyclables below the
promulgated rate charged for "trash" by the SW A.
d. During the entire term of this Agreement, the charge to
the CITY for processing horticulturaVvegetative -waste
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will be One Dollar ($1.00) per ton below the
promulgated rate by the SWA.
e. During the first term of this Agreement, the charge to the
CITY for C&D shall be Eleven Dollars and Fifty Cents
($11.50) per yard and will be reviewed annually
thereafter by the CITY and SUN.
5. The parties agree that within fifteen (15) days after the
S W A establishes its rates for the next fiscal year that
they will negotiate rates that will be a minimum of those
set forth herein and will take into consideration budget
and operating costs of both SUN and the CITY.
6. SUN shall use its best efforts to assist the CITY in receiving
all appropriate recycling credits from the SW A and shall
provide any required documentation, :filings, and/or
confirmation of the CITY's documentation of its recycling
credits. All of the CITY's vehicles shall be weighed on
certified scales and all weigh tickets shall reflect recycled
material.
7. SUN agrees that pnor to the commencement of this
Agreement, they will conduct an educational meeting with the
CITY and their selected employees to discuss how best to
facilitate the functioning of the Agreement and the
coordination of the parties. SUN agrees to conduct similar
meetings on a yearly basis during the term of the Agreement.
8. In the event of a default by either party, notice shall be
provided to the party alleged to be in default setting forth the
nature of said default and providing a reasonable cure period
to correct said default. If a default is not corrected during said
cure period, the non-defaulting party may terminate this
Agreement by providing thirty (30) days' written notice of
said termination.
9. SUN agrees to provide insurance meeting the requirements set
forth in Exhibit A , and the CITY shall be named as an
additional insured. The insurance policy shall include a
provision requiring thirty (30) days' notice to the CITY in the
event of cancellation, termination, or lapse in coverage. In
addition to the foregoing, SUN agrees to indemnify and hold
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the CITY and its employees harmless from any and all
liability relating to SUN's activities pursuant to this
Agreement.
10. This Agreement shall be construed in accordance with the
law-s of the State of Florida and jurisdiction and venue shall be
in Palm Beach County.
11. In the event either party is required to enforce this Agreement
through legal action, the prevailing party shall be entitled to
attomey's fees and costs incurred.
IN WITNESS WHEREOF, the parties have executed this
Agreement the date and year first w-ritten above.
Signed, sealed and delivered
in presence of: CITY:
CITY OF BOYNTON
BEACH
~/m~~ BY:_~
KURT 8RESSNER
CliY ~l.~NAGER
Pnnt
Name: -r~~~l( ~~,.:\O~ BOYNTON BEACH, Fl
Date: 10-07-10
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Print let+h I<rfl \'A1tJFF
Name:
CITY ATTORNEY
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CONTRACTOR:
SUN RECYCLING, LLC
A Florida Limited Liability
Company
By: c& At
Print (!f,;4t.1..Ef hO..('/'1?/f,d(j
Name:
~/~/ Title:~~
Print ~ ~ T ~ ~ Date: ~ d? ~/ 0
Name: ,LI ~ ;;/1 ~oJ~
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EXHIBIT A
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages
noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or
higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided
upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise or lower the stated limits, based upon identified risk.)
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TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
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General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage (anyone fire) $ 50,000.00
Employees & Officers Med. Expense (anyone person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
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Automobile Liability Combined Single Limit $ 500,000.00
Any Auto Bodily Injury (per person) to be determined
All Owned Autos Bodily Injury (per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
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Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
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Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
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Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
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Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
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Other - As Risk Identified to be determined
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lNSURANCEADVISORYFORM05 Revised 07/2009
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@bbfl.us
www.boynton-beach.org
September 27, 2010
Mr. Philip T. Medico, Jr.
Sun Recycling
790 Hillbrath Drive
Lantana, FL 33462
Re: Resolution Rl0-133 ProcessinQ AQreement
Dear Mr. Medico:
Attached for your handling are 2 original agreements mentioned above, as well as, a
copy of the resolution that was passed by City Commission on September 21, 2010.
Once the agreement has been signed please return the original to us for final execution.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
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L-- ,,',Ai~{ j l yt::'-'
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~.': udith A. Pyle ,;
City Clerk
Attachments
(2 Agreements & 1 Resolution)
Cc: Central Files
S:\CC\WP\AFTER COMMISSlON\other Transmittal letters After Commission\2010\Rl0-133 Sun Recycling.doc
America's Gateway to the Gulfstream
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@bbfl.us
www.boynton-beach.or9
October 12, 2010
Mr. Philip T. Medico, Jr.
Sun Recycling
790 Hillbrath Drive
Lantana, FL 33462
Re: Resolution Rl0-133 Processina Aareement
Dear Mr. Medico:
Attached for your files is an original of the executed agreement mentioned above.
Since the documents have been executed, I have retained one original for our Central
File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH '"
'tn. p~
J et M. Prainito, MMC
City Clerk
Attachment
(Agreement)
Cc: Central Files
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2010\R10-133 Sun Recycling Executued.doc
America's Gateway to the Gulfstream