R93-183RESOLUTION NO. R93-/~J
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY, FOR MUNICIPAL
RECYCLING AND GRANT MANAGEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about May 2, 1989, the Authority and the
City entered into an Interlocal Agreement for the Management
of the State of Florida Recycling and Education grant Program;
and
WHEREAS, on or about September 30, 1989, the Authority
and City entered into an Interlocal Agreement for Municipal
Recycling which was subsequently amended to include Commercial
Recycling Collection on or about January 15, 1992; and
WHEREAS, the parties hereto desire to make a significant
change in the responsibilities and duties of the parties for
the collection of recycling materials; and
WHEREAS, the parties desire to terminate the Agreements
of May 2, 1989 and September 30, 1989, and all the amendments
thereto and enter into this new Agreement; and
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, 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 State of Florida ("State") has established
a grant program for recycling and education projects; and
WHEREAS, without making join application with the
Authority, the City would be unable to obtain a grant or would
have to provide matching funds to receive any grant benefits;
and
WHEREAS, the City desires to work in cooperation with the
Authority to continue establishment of a municipal recycling
program toward achievement of the State recycling goal and the
requirements of Chapter 403, Part IV, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, hereby does terminate the Agreements of May 2,
1989 and September 30, 1989 between the City of Boynton Beach
and the Solid Waste Authority of Palm Beach County
Section 2. The City Commission of the City of Boynton
Beach hereby authorizes and directs the Mayor and City Clerk
to execute an Interlocal Agreement between the City of Boynton
Beach and the Solid Waste Authority of Palm Beach County, for
municipal recycling and grant management, said Agreement being
attached hereto as Exhibit "A".
Section 3. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this /~ day of November, 1993.
Mayor
ATTEST:
I Cit~Clerk
(Corporate Seal)
Recyling.Mgm
11/11/93
. 9. — 113
INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
AND GRANT MANAGEMENT
THIS AGREEMENT, made and entered into this :1 day of I` k 4 6103E42, 1993 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, 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 terminate the Interlocal Agreement for Municipal Recycling
entered into between these two parties on or about September 30, 1989 and the Interlocal
Agreement for Grant Management entered into between these two parties on or about
May 2, 1989 and to establish an Interlocal Agreement for Municipal Recycling and Grant
Management in accordance with Chapter 403, Part IV, Florida Statutes.
WITNESSETH:
WHEREAS, on or about May 2, 1989, the Authority and the City entered into an
Interlocal Agreement for the Management of the State of Florida Recycling and Education
Grant Program; and
WHEREAS, on or about September 30, 1989, the Authority and the City entered into an
Interlocal Agreement for Municipal Recycling which was subsequently amended
(Amendment No.1) to include Commercial Recycling Collection on or about January 15,
1992; and
WHEREAS, the parties desire to make a significant change in the responsibilities and
duties of the parties for the collection of recycling materials; and
WHEREAS, the parties desire to terminate the Agreements of May 2, 1989 and
September, 30, 1989 and all the amendments thereto and enter into this new Agreement;
and
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,
Florida Statutes; and
FIUSERSIRECYC LEISUZANNEICONTRACTSIBOYNTON ILA 1 SAN . 7 2f , i 2
mice
INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
AND GRANT MANAGEMENT
THIS AGREEMENT, made and entered into this __ day of ,1993 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special distdct created pursuant to Chapter 75-473, Laws of Flodda, as amended,
hereinafter celled "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 terminate the Interlocal Agreement for Municipal Recycling
entered into between these.two parties on or about September 30, 1989 and the Intedocal
Agreement for Grant Management entered into between these two parties on or about
May 2, 1989 and to establish an lnterlocal Agreement for Municipal Recycling and Grant
Management in accordance with Chapter 403, Part IV, Florida Statutes.
WITNESSETH.-
WHEREAS, on or about May 2, 1989, the Authority and the City entered into an
Interlocal Agreement for the Management of the State of Florida Recycling and Educefion
Grant Program; and
WHEREAS, on or about September 30, 1989, the Authority and the City entered into an
lnterlocal Agreement for Mugicipal Recycling which was subsequently amended
(Amendment No. 1) to include Commemial Recycling Collection on or about January 15,
1992; and
WHEREAS, the parties desire to make a significant change in the responsibilities and
duties of the parties for the collection of recycling materials; and
WHEREAS, the parties desire to terminate the Agreements of May 2, 1989 and
September, 30, 1989 and all the amendments thereto and enter into this new Agreement;
and
WHEREAS, the Authority has been empowered by law and through Interlocal
Agreement to cerry 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
[nterlocal Agreements with municipalities to establish recycling programs and carry out
recycling activities; and
WHEREAS, the State of Florida ("State") has established a grant program for recycling
and education projects; and
WHEREAS, without making joint application with the Authority, the City would be unable
to obtain a grant or would have to provide matching funds to receive any grant benefits;
and
WHEREAS, the City desires to work in cooperation with the Authority to continue
establishment ora municipal recycling program toward achievement 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 of the City and the Authority, it is agreed as follows:
City agrees to collect or to enter into a contract for the collection of Recyclable
Materials as defined in Section 8.
City agrees to cooperate with the Authority in making a Grant application to the
State of Florida as defined in Section 15.
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 plan and other applicable state and local laws.
Recyclable Collection Service
Residential Curbside and Containerized Service
This provision applies to residential units receiving curbside or containerized
solid waste collection service. Municipal crews shall collect Recyclable
Materials 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 a route list because of infrequent participation,
unless it is determined that the recycling plan is not feasible in a particular
solid waste collection service area.
This provision applies to commercial establishments located within the City's
limits. Effective October 1, 1993, City crews will assume collection service
for all accounts previously developed and contracted by the Authority for
recycling collection services. The Authority will continue to provide
assistance inservice development and promotional material when requested
by the City. The City will endeavor to include alt commercial businesses.
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.
6. 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.
7. Data Collection
The City or its collector shall provide the Authority the following data each day 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.
Total weight of residential materials and total weight of commercial material
collected for the month.
Material disposition, including date, type, and quantity of material discharged
at each SWA designated fadlity.
Collection hours.
This data shall be submitted in a monthly report to the Authority's Recycling
Department by the 10th daY of the month following the end of 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 anyadditional collection or contract-related information from the
City as may be required for the program. The City has the right to request
quarterly progress reports frem the countywide program.
8. Collection of Source+Separated Recyclable Material
Residential
Individual residents/homeowners shall be encouraged by the City to
separate their solid waste into recyclables an(~ nonrecyclables. Each
residential unit or combination of units will receive two reusable containers
into which Recyclable Materials will be deposited. Commingled Recyclable
Materials shall mean: Aluminum Containers, Aluminum Foil Products,
Aseptic Packages, Gable-topped Containers, Glass bottles and jars (green,
brown and clea[)~ and Plastic Containers bearing the coding number 1 & 2.
Commingled recyclables will be deposited into the blue reusable container.
Paper recyclables including Corrugated Cardboard, Kraft Bags, Magazines.
Newspapers and Phone Books are to be deposited in the yellow reusable
containers and placed alongside the blue reusable container or as otherwise
designated by the C~ty. The Recydable Materials are defined as follows
and shall be prepared for collection in accordance with processing
standards in paragraphs 1 through 11 below:
(1)
' ' t- ' : - aluminum beverage cans and containers (pet
food, tuna, etc.), but not bi-metal containers. These containers shall
be empty, rinsed and dry.
(2)
Aluminum Foil Products - any aluminum material, made solely of
aluminum, other than aluminum Containers. These items shall be
(3)
(4)
dnsed and free of food contaminants. Examples of acceptable items
include aluminum foil, pie plates and T.V. dinner treys.
~ poly-coated paperboard containers with
aluminum liners, for example ddnk boxes. These items shall be
empty, rinsed, straws removed and flattened.
Gable-Topped Containers - poly-coated paperboard containers, for
example, milk cartons. These containers shall be empty, rinsed and
flattened.
(5)
(6)
(7)
(8)
Glass - dnsed, whole green, brown and clear bottles and jars, but
shall not include cooking ware, plate glass, safety glass, light bulbs,
ceremics and non-glass materials. Caps, lids, and any type of top
shall be removed from the containers. Labels may remain on the
containers.
Plastic Containers - Milk jug, water bottle, and laundry detergent
containers (HDPE), soft drink bottles (PETE), and other plastic
containers bearing the numbers 1 & 2, empty, rinsed and dry, with
tops, caps or lids removed.
Corrugated Cardboard - containers having liners of either test liner,
jute or kreft. These items shall be dry and flattened and shall not
include a waxed coating.
J~ - brown paper grocery or shopping bags. These items
shall be folded.
(9)
MagazJQ~ - dry, coated magazines, catalogs and similar printed
materials.
(10)
(11)
~- newspapers, supplements, advertising and magazine
sections (all of which would have been included with the newspaper).
EbDJle_B.o..o]~ - telephone directories made of paper. These may be
placed in the yellow container only during designated collection
months in the year.
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 receive one or more containers into which
Recyclable Materials may be deposited. Acceptable materials for
commercial recycling include Corrugated Cardboard, High Grade Office
Paper and Office File Stock. These materials are defined as follows and
shall be prepared for collection in accordance with the collection standards
below.
(1)
(2)
(3)
Corrugated Cardboard - containers having liners of either test liner,
jute or kraft. These items shall be dry and flattened and shall not
include a wax coating. Boxes should be deposited inthe designated
container.
High Grade Office Paper - sorted white ledger, sorted color ledger
or computer printout paper. Material should be dry and free of
contaminants, and deposited in the designated container.
J~;~.E[~zc~ - all grades of office paper, including ledger,
computer paper, file folders, envelopes, etc. These items should be
dry and free of contaminants, and deposited in the designated
container.
Commercial Recycling Revenue Share
In recognition of the City's participation in the Countywide Commercial Recycling
Program, the Authority has established a revenue sharing program. The City will
receive 75% of all revenue, received by the Authority for all Commercial Materials
delivered to an SWA designated facility. (A list of designated facilities will be
provided by the Authority). These facilities ara referred to as Commercial Network
processors. Payment will be made to the City upon receipt and confirmation of
monthly delivery and within thirty (30) days of receipt of revenue from the
Commercial Network processors.
10. TransDortation and Equipment
11.
The City shall be responsible for having collected Recyclable Materials transported
to an SWA designated facility, including: the Authority's Materials Recovery Facility
(MRF), one of five transfer stations, a Commercial Network processor, orany 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.
ImproDerly Prepared Recyclable Matedal.~
When a collector's crew encounters improperly prepared materials or nonrecyclable
items, they must follow this procedure:
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 form 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 ~he City or County recycling coordinator for
further information. The Authority will provide one presentation per year to
the City for rejection procedure training for the route drivers.
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.
12.
ComDliance 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
13.
and regulations.
UnacceDtable 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, the receiving Facility will either reject the
load for recycling or process the load, segregating contaminants. If the problem
persists, future loads will be inspected before dumping and, if unacceptable, will
be rejected. 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 cost and/or
contaminants in excess of 3.5%.
14.
Promotion and Education Responsibilitie.~
The Authority and the City shall participate in promotion and educational efforts as
outlined below:
The Authority, in cooperation with the City, shall at least once a year
advertise or distribute notices of service to each targeted business and/or
household.
The City 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.
The City 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.
The Authority shall at the City's request be responsible for the development,
printing and supplying of promotional and educational materials.
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
15.
materials' content and presentation, at no cost to the City.
The City authorizes the Authority, on behalf of the City and the Authority, to
submit to the Florida Department of Environmental Protection (DEP) a joint
application for a solid waste recycling and education grant for all years in
which the grant is available.
The City acknowledges and understands that the Authority will submit the
grant application for the benefit of the City, the unincorporated areas of the
county, and the county as a whole, as is appropriate, and that said
application will be made also on behalf of other participating municipalities.
The City agrees to provide to the Authority all information needed to
develop a complete recycling plan and grant application and to comply with
all reporting requirements prescribed by Florida Statutes and DEP Rules
and Regulations.
The Authority agrees to submit grant applications based on the following
guidelines and ~n accordance with the DEP Rules and Regulations:
Application for the grant year may be mutually agreed to by the
parties to be based solely upon a countywide plan for applying the
grant funds to benefit the county as a whole, or
(2) Application for the grant may be based upon the following:
For municipalitiesthat have entered into Interlocal Agreements
with the Authority under this grant program and similar to this
Interlocal Agreement (hereafter Participating Cities) and that
submit a written plan for a qualifying grant project to the
Authority 60 days prior to the filing deadline established by
DEP, such plan will be included in the grant application,
providing it meets the filing requirements set out in the DEP
Rules and Regulations, and
The Authority's qualifying project plan for the unincorporated
areas of the county, and
For cities that do not submit a plan for filling the requirements
of Section 15D(2)a above, the Authority will either include
them in the Authority's plan for the unincorporated areas of
the county or will include them in a qualifying plan to benefit
the county as a whole.
The Authority agrees to distribute funds received under this grant program
when appropriate to Participating Cities as follows:
(1) Funds shall only be distributed on the basis of expenditures
approved by DEP.
(2)
(3)
(4)
If a countywide Grant Program application was submitted, then no
funds will be distributed to Participating Cities, but all grant funds
received will :)e applied to benefit the county as a whole based upon
such approval as is given by DEP of the submitted plan, or
If a joint Grant Program application was submitted, then grant funds
shall be distributed by the Authority to Participating Cities or applied
by the Authority to unincorporated areas of the county or for the
benefit of the County as a whole on the basis of grant application
approvals by DEP. That is, if a Participating City's submitted project
plan is approved in whole, or in part, or denied totally, then that
Participating City shall receive funds accordingly based on the
percentage of its plan that has been approved.
The Authority will distribute grant funds to the City and all other
Participating Cities within thirty (30) days of receipt of grant program
funds from the State.
(5)
For Grant Years 94/95 and 95/96, the City agrees to participate with
the Authority in developing a grant application benefiting the entire
County. Grant funds during these two years shall be used as a
match to construct a second MRF and/or Recycling Transfer Station
in the southern portion of the County.
The City agrees that the Authority will be entitled to deduct and retain for
the Authority's account, from any funds distributable to the City, 5% of the
grant award, to coverAuthority administrative costs, and 20% of the amount
received for the countywide education program.
The City shall maintain accurate records of all expenditures of grant funds
and shall make these available to the Authority and DEP as provided in
Chapter 17-716.430, F.A.C or any successor regulation.
The City agrees not to make separate application for grants under this
program or to take any action which would conflict with or frustrate the
intent of this agreement as long as this agreement is' in effect.
Nothing contained in this agreement shall prohibit the City from making
application for grants under other provisions of Chapter 403, Florida Statues
that are not in conflict herewith.
16.
Delivery. of Collected Material
The City agrees that it shall require that all Recyclable Materials separated from
the normal waste stream that ara collected by or on behalf of the City shall be
delivered to the SWA designated fadlities. The City may from time to time,
undesignate a fadlity. 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.
Should the State of Florida or the Solid Waste Authority determine any of the items
described in Section 8 to be non-recyclable, or determines new Recyclable
Materials dudng the term of this Agreement, the Authority and the City will
negotiate a method for modifying or terminating this Agreement, as appropriate.
19.
During the term of this Agreement it may be determined that the Solid Waste
Authority or the City can e~ciently provide other services to the other party on a
reimbursable basis. In such event, the scope of work shall be established in
writing and approved by the Executive Director of the Solid Waste Authority and
the City Manager (or the equivalent to the County Administrator). Payment for
such services shall be billed in accordance with the methodology shown in the
attached exhibits, and shall not exceed $100,000.00.
Term
20.
21.
22.
This Agreement shall begin this day of ,1993, and continue
through and including September 30, 2000. Notwithstanding termination, any
rights or duties imposed by law shall remain in effect. This Agreement may be
terminated by the mutual written consent of both parties.
This Agreement may be modified only by the mutual written consent of both
parties.
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.
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 wdtten instructions to
contact another individual:
For Authority:
Solid Waste Authority of Palm Beach County
7501 N. Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
23.
24.
25.
For the City:
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33426
Attention: City Manager
Designation of Recycling 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.
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.
The prior Interlocal Agreement for the Management of the State of Florida
Recycling and Education Grant Program dated May 2, 1989 and the Interlocal
Agreement for Municipal Recycling dated September 30, 1989, entered into by the
parties hereto and all amendments thereto shall terminate on the date of execution
of this Agreement, and neither party shall have any further rights, duties or
obligations arising therefrom after the date of termination.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written:
WITNESSES:
As to the Authority:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Donald L. Lockhart
Executive Director
ATTEST:
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Chair
ATTEST:
City ~lerk
As to the City:
CITY OF BOYNTON BEACH
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Legal Counsel
Solid Waste Authority
of Palm Beach County
APPROVED AS TO FORM
AND LE/~L SUFFICIENCY
City ,~tt~rney ~