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R10-133 I I 1 RESOLUTION NO. R 10 - 1'33 2 3 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. 15 16 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 I 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 10 )o~;~z ?/ 11 12 13 14 L ~d"2 ~~~. /t/~. 15 v~a r - . lene Ross 16 / ~1:(J / 17 d" .:E'~ 1 Commisso ner - William Orlove 1 2 21 2 2 2 ATTEST: 2 2 Yn.~ 2 2 2 3 31 3 ( 3 S:\CA\RESO\Agreements\Reso - Sun Recycling 092110.doc I 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 1 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 2 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 3 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 oYJ~ c/fA/flfJ/z1{ Print let+h I<rfl \'A1tJFF Name: CITY ATTORNEY 4 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~ 5 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.) -------------------------..----------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ----------------------------------------------------------------------------------------..-------------------------------------------------- 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 ------------------------------------------..-------------------...---------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------...---------------------------------------------------------------------------------------...----------------------- 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 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------...-------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- 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 t Czru7J L-- ,,',Ai~{ j l yt::'-' ...' 7~: ... ,~ ~.': 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