R91-198RESOLUTION R9!-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SETTING FORTH THE INTENT OF THE CITY
COMMISSION TO UTILIZE THE SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY TO
COLLECT RECYCLABLES FROM COMMERCIAL
ESTABLISHMENTS IN THE MUNICIPALITY;
REQUESTING THE AUTHORITY TO PROVIDE
COMMERCIAL RECYCLING COLLECTION SERVICES
WITHIN THE MUNICIPALITY; APPROVING
AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT FOR MUNICIPAL RECYCLING
BETWEEN MUNICIPALITY AND AUTHORITY;
AUTHORIZING THE MAYOR ~ND CITY TO
EXECUTE THE SAME; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach (City)
a recycling collection program in place and
its residential community; and
currently has
operating for
WHEREAS, the City wishes to continue
participation in the countywide recycling
commercial recycling programs; and
WHEREAS, the City lacks sufficient staff and
to develop and implement a recycling program
commercial sector; and
and expand its
program through
equipment
for the
WHEREAS, the City does not provide exclusive collection
contracts to private contractors for the collection of
commercial solid waste; and
WHEREAS, the City does not wish to contract exclusively
with a private collection company for a secondary solid
waste service due to the inevitable conflict and confusion
which would resul~ on the part of the City's commercial
establishments and current collection forces, and increased
difficulty in making a future service transition; and
WHEREAS, the City feels that allowing it the option of
having the Authority provide commercial recyclables
collection using Authority's own equipment and personnel will
afford the flexibility necessary to allow the City to
participate increasingly in its own recycling program; and
WHEREAS, the City and the Solid Waste Authority
currently have an interlocal agreement regarding solid waste
issues, including recycling, that has been in effect since
1989; and
WHEREAS, the City feels that its participation in the
!iAuthority's recycling program would be in the best interests
of the City and the County in order to achieve its recycling
ig°al;NOw, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. As a result of those unique internal
~actors enumerated above the City hereby requests the
Authority to provide recyclables collection services to
commercial businesses within the corporate limits of the
City using Authority's own equipment and personnel.
Section 2. The Mayor and City Clerk are
authorized and directed
Interlocal Agreement for
City and the Authority, a
as Exhibit "A".
Section 3. This
immediately upon passage~
PASSED AND ADopTED this
hereby
to execute an Amendment to the
Municipal Recycling between the
copy of which is attached hereto
Resolution shall take effect
day of December, 1991.
CITY OF BOYNTON BEACH,
FLORIDA
ATTEST:
(co Po a
SWA.~res
11725/91
AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT FOR MUNICIPAL
RECYCLING
THIS AGREEMENT, made and entered into this 15th day of
January, 1992 ,X~IX, by and between SOLID WASTE
AUTHORITY OF PA-LM BEACH COUNTY, an independent special
district created pursuant to Chapter 75-473, Laws of
Florida, as amended, hereinafter "Authority", and the City
.of Boynton Beach, municipal corporation, chartered and
organized in accordance with the laws of the State of
:Florida, hereinafter called "City", to amend that certain
.Interlocal Agreement for Municipal Recycling (Agreement)
i . d 'nto between these parties on or about September 30
,
~entere i
i989.
WHEREAS,
.regarding the
and
WHEREAS,
W I TNE S SETH:
the parties hereto entered into the Agreement
provision of recycling services in the City;
the parties in accordance with Paragraph 17 of
the Agreement desire to modify said Agreement to set out the
terms and conditions by which the Authority will provide
commercial recycling collection services on behalf of the
City.
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises hereinafter contained and for the
mutual benefit of the City and the Authority, the Agreement
is amended by adding to the Agreement the following
provisions
24. COMMERCIAL RECYCLING COLLECTION SERVICE:
The Authority will provide for the commercial
collection of recyclable materials with the Authority's
own equipment and manpower within the jurisdiction of
the City and the Authority shall have the exclusive
right to provide commercial recycling collection
service within the City. The Authority shall establish
the rates to be charged for such service and shall be
responsible for all billing and collection of accounts.
The City shall have no responsibility to collect,
assist, enforce or otherwise assure payment of any
account for commercial recycling service.
Ail other terms, conditions and provisions of this
Agreement, remain unchanged.
IN WITNESS WHEREOF, the parties have entered into this
Agreement effective as of the day and year first above
written.
K~r~T. ~ardus, -
Cihairp~rson
Sandra BOurhan, Clerk to
the Board
~//Au~ority Counsel ~ -'
CITY OF BOYNTON BEACH, FLORIDA
/:, ·
A~line Weiner, Mayor
ATTEST BY:
BY: ~,~/~-~~ ~
S~nne Kr~s~,~City Clerk
APPROVE~S T ~;,F0~ AND LEGAL SUFFICIENCY
~a~es A'. C~.~of, City Attorney
DOCUMENT CERTIFtCATIO!
I, the undersigned authority, hereby c
foregoing is a true and corroct CODy
instrument, as contained in the~l res
Waste Autt~ority, Palm B,c-ach L(.c, dr,:)~, Fic;
{AUTHORITY
~rtify that the
the original
~rds of the Solid
th~ Autho~t~
AMENDMENT NO. 1 TO
INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
THIS A~REEMENT, made and entered into this __
day of
· 1991, by and between SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY, an independent special
district created pursuant to Chapter 75-473, Laws of
Florida, as amended, hereinafter "Authority", and the City
of Boynton Beach, municipal corporation· chartered and
lorganized in accordance with the laws of the State of
Florida, hereinafter called "City"· to amend that certain
Interlocal Agreement for Municipal Recycling (Agreement)
entered into between these parties on or about September 30,
1989.
WI TNE $ S E TH:
THEREFORE, for and in consideration of the mutual
and promises hereinafter contained and for the
mutual benefit of the City and the Authority, the Agreement
is amended by adding to the Agreement the following
provisions
24. COMMERCIAL RECYCLING COLLECTION SERVICE:
The Authority will provide for the commercial
collection of recyclable materials with the Authority's
own equipment and manpower within the jurisdiction of
the City and the Authority shall have the exclusive
right to provide commercial recycling collection
service within the City. The Authority shall establish
the rates to be charged for such service and shall be
responsible for all billing and collection of accounts.
WHEREAS, the parties hereto entered into the Agreement
regarding the provision of recycling services in the City;
and
WHEREAS, the parties in accordance with Paragraph 17 of
the Agreement desire to modify said Agreement to set out the
.~terms and conditions by which the Authority will provide
commercial recycling collection services on behalf of the
City.
NOW,
covenants
2. City shall 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 plan and other applicable state and local law.
3. City shall promptly provide to the Authority certified
copses of any and all recycling
the City now or in the future.
4. Curbside Service Area.
ordinances passed or adopted by
This provision applies only to
residential units
service (Curbside Units). The City
Materials from Curbside Units within
provided promotion materials will be
receiving curbside solid waste collection
shall collect Recyclable
the City. Authority/City
distributed, informing the
residents as to when and how the materials will be collected. No
residents will be deleted from a route list because of infrequent
participation, unless it is determined that the curbside
recycling plan is not feasible in a particular curbside solid
waste collection service area.
5. Collection Schedule. The collection schedule shall have
a frequency of once per week per each Curbside Unit and shall be
made on a day as determined by the City.
6. Point of Collection. Collection shsll be at curbside,
or within the public right-of-way adjacent to the paved roadway,
or in the same location as designated for garbage/refuse
collection.
7. Data
data each day
A.
Collection. The City shall collect the
for each route and collection crew:
Total number of households on each
following
route.
Number of households setting out any
~all,materials-
Coliection hours.
Route miles.
or
E. Date.
This data shall be submitted in a monthly
report submitted to the Authority by the 10th
day of th~ month' fOllOwing the end~ of· each
reporting period. Data sheets shall be
available from th~ Authorit~on~ Teques~.· Ail
~ ' ~ be retained
data and program informa~ion~ shall
for ~'p~iod Of the agreement.. The.~
Authority has the right to request· a~¥·
additional collection or contract related
information from the City as may be required
for the program.
8. Collection of Source-separated Eec~clable
Individual residents/homeowners shall be encouraged by
to separate their Solid waste into recyclables
Material.
the City
and non-
-glass, clear glass,
beverage containers
deposited into this
recyclables. Each Curbside Unit will receive a reusable
container into which Recyclable Material will be deposited-
Initially Recyclable Materials shall mean green glass, brown
aluminum cans. plastic milk bottles,
and household batteries
plastic
which will all be
Newspapers will be
reusable container
one reusable container.
bagged and placed on top or alongside of the
or as otherwise designated by the City. The aforementioned
materials shall be prepared for collection in accordance with
processing standards in paragraphs A through F below:
A. Glass- rinsed whole bottles and Jars, shall not include
cooking ware, plate glasS, safety glass, light bulbs,
ceramics and non-glass materials. Caps, lids, and any
type of top must be removed from the bottles. Labels
may remain on the bottles, but bottles will be empty,
rinsed, dry and unbroken.
AluminumL.~At~min~m~cans3{~eveT~ge)~ and~containers {pe~
food, tuna, etc.) shall be empty, rinsed and dry.
P~lastic Beverage C~ntainers- Milk jug type containers
3
(HDPE),
dry, with tope,
this category.
are permitted,
and soft drink bottles (PET), empty, rinsed and
caps or lids removed, are included in
No other plastic bottles or containers
but if markets develop in the future
other plastic items may be included upon direction by
the Authority.
Newspapers- Shall be 'dry and placed in brown (kraft)
paper bags. No additional magazine or any other types
of paper are permitted. Plastic bags may be used if
brown bags are not available.
Tin cans- Steel and tin-coated steel
cans should not
be included because they will be removed at the
Resource Recovery Facility. But if occasional tin cans
are included, the MRF will have the ability to remove
them.
Household
shall be
placed in the collection container. Wet cell
(automobile, truck, boat, etc.) type batteries shall
not be included.
Should the State of Florida (or the Department of
batteries-
Dry cell batteries only
Environmental Regulation) determine any of the above items to be
non-recyclable or determine new Recyclable Materials during the
term of this agreement, the Authority and the City will negotiate
a method for terminating or modifying this agreement, as
appropriate.
10. Transportation and Equipment. The City shall be
responsible for having collected Recyclable Materials transported
to the Authority's Materials Recycling Facility (MRF), transfer
station or any other site(s) designated by the Authority for
recycling (Facility). Any load of materials delivered to a
Facility containing an excess of 10% residue as described in this
~agreement~and~or~mate~iat~not .liste~as~Rec¥clable, Material~shall
be disposed of at the expense of the City in accordance with
state and local law, rules and regulations.
Collection equipment must be of a type to provide for
rear unloading and be compartmentalized (or separate vehicles).
11. improperl_~pre__Ioared Recyclable Materials~ When a
City collection crew encounters improperly prepared material or
i~ems0
A. The City~shall pickup all-Recyclable Materials except
those contaminated by putrescible~°r those which cannot
be conveniently retrieved from the reusable container.
materials
Improperly sorted materials .or
will be either left in the or
temporarily removed and returned~to the reusable
container after the Recyclable Materials are dumped in
the vehicle. The collector shall leave an Authority-
provided form in the container. The form will notify
the resident that material has not been properly
sorted, and provide information on how to contact the
City's recycling coordinator for further information.
B. It shall be the responsibility of the City's recycling
coordinator to contact residents who repeatedly place
improperly sorted materials at the curb or encourage
them to properly sort materials.
12. Compliance with zoning ordinances. Any transfer and/or
storage of 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.
13 Materials flow plan. Criteria shall be established for
acceptance of loads deemed unsuitable for processing at the
Authority Facilities. For the first few months of the program,
when the City enters the Facility with a load, it will be dumped
on the tipping floor and sorted with the use of a front-end
loader. If the load contains in excess of 10% residue, (meaning
~pap~ other 'tha~'~ewspa~er''~'clir-ty'~a~s~°r~'b°t~les'~Dr .items not
listed as recyclables by the Authority), the Facility will not
accept these materials as Recyclable Materials.
5
14. Promotion and Education
Authority and City shall participate in promotion
efforts as outlined below:
A. The Authority/City shall at
distribute notice of service
Responsibilit ies· The
and education
least once a year
availability to each
targeted household during the first year and up to two
notice distributions in subsequent years.
The City shall distribute notices of improperly
prepare~ materials, of collection schedule changes, of
unacceptable materials or any other pertinent
information to residents as required.
The City shall require employees to deal courteously
with customers on the telephone and on-route to promote
the collection service
preparation.
The Authority shall be
promoting the
neighborhood
and explain proper material
availability to participate in
collection service at area fairs,
association programs, or other community
events.
The Authority shall
City on promotion
presentation.
be available to give advice to the
and education material content and
The Authority/City shall be responsible for the
development, printing, and supplying of promotion and
education materials.
15. City shall maintain accurate records of all
expenditures of grant funds in accordance with state grant
guidelines and shall make these available to the Authority and
DER as provided in Chapter 17-716.430, F.A.C.
16. The City agrees that it shall require that all
Recyclable Materials separated from the normal waste stream that
-are collected by or on beha~ of the City shall be delivered to
an Authority's Facility. The City will take such action as is
necessary to insure against and prevent scavenging and
unauthorized removal of such recyclables within the jurisdiction
of the City.
I?. City and Authority further agree to expand the scope of
recycling services to include such other areas as multi-family
residential units and comme~cial units ~t such time as the
parties agree it is appropriate or as~required by law, and the
parties hereto agree to use~ good-faith effort to reach agreeable
~erms to provide such additional services as required.
18. The be~n o~Janu~rY !,
~" 1.994-
1990,~ and continue
shall remain in effect.
19. This agre~ment may be
written consent of both parties.
20. In the event of a change in
modifies any provision or application
parties hereto agree to enter into good
use their best efforts to reach a
modification of this agreement.
modified o~ly by the mutual
law that abrogates or
of this agreement, the
faith negotiations and
mutually acceptable
agreement
or certified mail to the individual designated below, until such
time as either party furnishes the other party written
instructions to contact another individual:
21. Ail formal notices effecting the provisions of this
shall be delivered in person or be sent by registered
For Authority:
Solid Waste Authority of Palm Beach County
5114 Okeechobee Blvd., Suite 2-C
West Palm Beach, F 334517
Attention: Executive Director
For the City:
City of Boynton Beach
100 E. Boynton Beach Blvd.
p. O. Box 310
Boynton Beach, FL 33425-0310
Attention: City Manager
22. Designation of Recycling Coordinator.
Authority shall each designate an individual
The City and the --
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.
23. 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 as valid as if such invalid
portion thereof had not been incorporated herein.
IN WITNESS WHEREOF, the parties hereto have
this
entered into
Agreement effective as of the day end year first above
written.
WITNESSES:
As to the Authority:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Executive Director
/
Approved as to form and-l~gal sufficiency:
By. zJ,- /-~ ~--~/ 7 I ~~
.Authorfty Counsel
WITNESSES:
App~rm~ as to form and legal
As to the City:
CITY OF BOYNTON BEACH,
. d ,, / 1
G~orge,,'~I, .l~unt~ ~ /
Interi~ Cxty Manage~
FLORIDA
sufficiency:
8
The City shall have no responsibility to collect,
assist, enforce or otherwise assure payment of any
account for commercial recycling service.
All other terms, conditions and provisions of this
Agreement, remain unchanged.
IN WITNESS WHEREOF,
Agreement effective as
!~written.
the parties have entered into this
of {he day and year first above
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
ATTEST BY:
'BY:
Sandra Bourhan, Clerk to
BY:
Karen T. Marcus,
Chairperson
the Board
*iAPPROVED
AS TO FORM AND LEGAL SUFFICIENCY
BY:
Authority Counsel
CITY OF BOYNTON /B,E~CH, FLORIDA
ATTEST BY:
BY: ~~,~ ~ ~_~
' S~nne Kru~/~ity Clerk
i I BY~J a /~ A .~C h~e r~f ,~ Attorney
INTERLOCAL AGREEMENT FOR M~'NICIPAL RECYCLING
THIS AGREEMENT made a~d entered into this _~_;~_~day_ of
1989, by and between the SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY, an independent special district created
pursuant to Chapter 75-473, Laws of Florida, as amended,
hereinafter called "Authority", and the CITY OF BOYNTON BEACH,
municipal corporation, chartered and organized in
with the laws of the State of Florida, hereinafter
activities
FLORIDA, a
accordance
called "City", for a municipal recycling program and
in accordance with Chapter 403, Part IV, Fla. Stat.
W I T N E S S E TH:
WHEREAS, the Authority has been empowered by law and through
interlocal agreement 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, Fla.
Stat.: and
WHEREAS, Chapter 403,
responsible for initiating
municipal involvement: and
WHEREAS, Chapter 403, Fla. Stat.
enter into interlocal agreements with
Fla. Stat. makes the Authority
recycling programs and insuring
encourages the Authority to
municipalities to establish
recycling programs and carry out recyclinG activities; and
WHEREAS, City desires to work in cooperation with the
Authority to establish a municipal recycling program toward
achievement of the State recycling goal and the requirements of
Chapter 403, Part IV, Fla. Stat.
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 of
the City and the Authority, it is agreed as follows:
I. Cit~ ~rees to provide through its own equipment and
manpower for the collection of Recyclable Materials (as defined
in paragraph 8) in accordance with the provisions of this
agreement and all applicable laws.
PROFESSIONAL ASSOCIATION
F~RST UNION BUILDING
303 BANYAN BOULEVARE:, SUITE 400
February 20, 1992
Mr. Craig Grabeel
City of Boynton Beach
P. O. Box 310
Boynton Beach, FL 33425-0310
Re: Amendment No. 1 to Interlocal Agreement for
Municipal Recycling with Solid Waste Authority
Dear Mr. Grabeel:
Enclosed is a certified copy of the fully executed Amendment
No. 1 referenced above. Since you prepared, executed and sent to
us only two originals of the Amendment No. 1, we are sending you
a certified copy. An original is required by the Authority and
an original is required to be filed with the Clerk of the Circuit
Court. If you need an original, then please prepare another one,
have it executed by the City, and send it to me. We will have
the Authority execute it and send it back to you.
Thank you for your cooperation in this matter.
any questions or discussions, please call me.
If you have
BAC:ba
enclosure
cc: Pat Franklin