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INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
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THIS AGREEMENT, made and entered into this ,4 day of ' r� l� +2" (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 TOWN OF GULF STREAM, a municipal corporation, chartered
and organized in accordance with the laws of the State of Florida, hereinafter called "Town", to
enter into an Interlocal Agreement for Municipal Recycling in accordance with Chapter 403, Part
IV, Florida Statutes.
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 Town desires to work in cooperation 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.
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 Town and the Authority, it is agreed as follows:
1. Town agrees to collect or to enter into a contract for the collection of Recyclable
Materials as defined in Section 7.
2. Town agrees to cooperate with the Authority to provide all necessary and required
information to the Authority so that the Town and the Authority can determine if the
Town's recycling program is meeting the requirements of the Authority's countywide
recycling program and other applicable state and local laws.
3 Recyclable Collection Service
A. Residential Curbside and Containerized Service
This provision applies to residential units receiving curbside or containerized
solid waste collection service. Municipal or contract crews shall collect all
Recyclable Materials (defined in Section 7) from designated residential units
within the Town. 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 collection because of infrequent
participation, unless it is determined by the Town and the Authority that the
recycling collection is not feasible in a particular solid waste collection service
area. Before deleting any residents from participation, the Town will notify the
Authority why it believes such residents should be deleted and give the Authority
a reasonable time (at least (60) sixty days) to evaluate the circumstances and make
a recommendation to the Town.
B. Commercial Service
This provision applies to commercial establishments located within the T own's
limits. Municipal or contract crews shall collect Recyclable Materials (defined in
Section 7) from designated commercial units within the Town. The Authority is
available to provide informational/educational material and conduct waste audits
when requested by the Town. No business will be prevented from participating
unless it is determined by the Town and the Authority that the recycling collection
is n of feasible i n a p articular s olid w aste collection area. Before deleting any
commercial establishments from participation, the Town will notify the Authority
why it believes such commercial establishments should be deleted and give the
Authority a reasonable time (at least (60) sixty days) to evaluate the circumstances
and to ake a r ecommendation t o t he T own. T he T own i s e xpected t o d evelop a
plan which provides direct recycling collection services to the majority of the
businesses within the Town's limits, and will endeavor to include all commercial
businesses. The Authority is available to assist in developing the plan or
programs to achieve this goal, or to provide direct collection services on a cost
basis when requested by the Town.
4 Collection Schedule
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 Town
or Collector.
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/ref ise collection
Data Collection
The Town or its collector shall provide the Authority the following data each month 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.
C. Total weight of residential materials and total weight of commercial material
collected for the month.
D. Residential and Commercial Material disposition, including date, type, and
quantity of material discharged at each Authority designated facility.
E. Collection hours.
This data shall be submitted in a monthly report to the Authority's Recycling Department
by the 15th day of the month following the end o f e ach to onth. D ata sheets s hall b e
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 any
additional collection or contract -related information from the Town as may be required
for the program. The Town has the right to request quarterly progress reports from the
countywide program.
7 Collection of Source -Separated Recyclable Material
A. Residential
Individual residents/homeowners shall be encouraged by the Town to separate
their solid waste into recyclables and nonrecyclables. 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
Recyclable Materials will be deposited.
Commingled Recyclable Materials shall mean: aluminum cans, foil and pans;
aseptic containers; gable -topped containers; glass bottles and jars (green, brown
and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled
recyclables will be deposited into one of the appropriately designated reusable
containers. Fiber Recyclable Materials shall mean: newspapers (including
inserts); magazines and catalogs; phone books; corrugated c ardboard; and kraft
bags. Fiber Recyclable Materials shall be placed loose in the other appropriately
designated reusable container. Corrugated cardboard shall be cut to an acceptable
size and flattened, and for curbside residents, shall be set beside or in the same
reusable container as the Fiber Recyclable Material. Residents receiving
containerized service may receive a separate container to be used for the
collection of Corrugated cardboard. The Authority retains the right to modify the
manner in which materials are set out for collection with proper notice to the
Town. Notice for a substantial change in collection method shall be no less than
one year.
B. Commercial
Individual businesses shall be encouraged by the Town to separate their solid
waste into two categories, recyclable and non -recyclable. Businesses contracting
for services will arrange with service provider to receive one or more containers
into which recyclable material may be deposited. Acceptable materials for
commercial recycling shall include Commingled Recyclable Materials,
Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office
Paper and any other materials agreed to in writing by the Town and the Authority.
Commercial recyclable materials shall be sorted by the business by type and
placed in separate containers. Corrugated Cardboard, Sorted White Ledger,
Mixed Paper and Sorted Office Paper are more specifically defined as follows and
shall be prepared for collection in accordance with the collection standards below.
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(1) Sorted White Ledger - white ledger or computer printout paper. Dry and
free of contaminants.
(2) Sorted O ffice P aper - office paper including letterhead, computer paper,
legal paper, loose-leaf paper, copy and typing paper.
(3) Corrugated Cardboard — containers having liners of either test liner, jute,
or kraft.
(4) Mixed Paver — a mixture of various types and grades of paper including
but not limited to: all office paper, colored paper, corrugated cardboard,
envelopes (excluding envelopes with cellophane windows), junk mail,
kraft bags, magazines, and catalogs. Mixed Paper does not include tissue
or towel type paper.
8 Commercial Recycling Revenue Share
As a further incentive for the Town to actively pursue commercial recycling, the
Authority and the Town may enter into a separate agreement to provide for payment to
the Town for all acceptable loads of agreed upon commercial Recyclable Materials.
Types of commercial Recyclable Materials eligible for payment shall be determined by
the Authority.
9 Transportation and Equipment
The Town shall be responsible for having collected Recyclable Materials transported to
an Authority designated facility, including, but not limited to, the Authority's Residential
Materials R ecycling Facility (RMRF), the Authority s Commercial Materials Recycling
Facility (CMRF), one of five transfer stations, a Private Commercial Materials Recycling
Facility (PCMRF) or any 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 Town, at no charge to the Town, 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.
10 Improperly Prepared Recyclable Materials
When a collector's crew encounters improperly prepared materials or nonrecyclable items,
they must follow this procedure:
A. 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 Town approved form on
the material or in the container. The form will notify the resident or business that
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material has not been properly sorted, and will provide information on how to
contact the Town or Authority recycling coordinator for further information.
Upon request of the Town, the Authority will provide rejection procedure training
for the route drivers. The Authority and the Town will consult and evaluate the
extent of the need for such training, which shall be provided by the Authority.
Asa means of strengthening the Town's ability to have the collector fulfill the
Town's recycling needs, the Town may consult with the Authority when preparing
the Town's future request for collection franchise bids.
B. It shall be the responsibility of the Town 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. If the
problem persists, the Town shall notify the Authority, who shall then assist the
Town in resolving the Problem.
11 Compliance 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 and regulations.
The Town further 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 adequate space for recycling containers.
12 Unacceptable 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, or if there is more than 3.5% paper products within the other
Commingled Recyclable Material or visa versa, the receiving facility will either reject the
load for recycling or process the load, segregating contaminants. It will be the
responsibility of the Town to dispose of any rejected loads in a suitable manner and/or
pay the Authority for processing and/or disposal of contaminants in excess of 3.5%. If
the problem persists, future loads will be inspected before dumping and, if unacceptable,
will be rejected. If this occurs too frequently (e.g. more than two times in a month), the
Authority may elect to monitor the route for proper sorting and tagging procedures,
and/or make recommendations to the Town.
13 Promotion and Education Responsibilities
The Authority and the Town shall participate in promotion and educational efforts as
outlined below:
A. The Town shall be responsible to at least once a year advertise or distribute
notices of service to each targeted business and/or household, and for the
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development, printing and supplying of promotional and educational materials as
needed.
B. The Town or Collector 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.
C The Town or Collector 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.
D 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 Town on promotional and educational materials'
content and presentation, at no cost to the Town.
14 Delivery of Collected Material
The Town agrees that it shall require that all Recyclable Materials separated from the
normal waste stream that are collected by or on behalf of the Town shall be delivered to
Authority designated facilities. The Authority may, from time to time, undesignate a
facility. The Town will take such action as is necessary to ensure against and prevent
scavenging and unauthorized removal of such recyclables within the jurisdiction of the
Town.
15 Changes in the Law
Should the State of Florida or the Authority determine any of the items described in
Section 8 to be non -recyclable or designates new Recyclable Materials during the term of
this Agreement, the Authority and the Town will negotiate a method for modifying or
terminating this Agreement, as appropriate.
16 Term
This Agreement shall begin the date herein above and continue through and including
September 30, 2008. 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.
17. This Agreement may be modified only by the mutual written consent of both parties.
18 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.
19 All formal notices affecting the provisions of this Agreement shall be delivered in person
or be sent by registered or certified mail or by facsimile to the individual designated
below, until such time as either party furnishes the other party written instructions to
contact another individual:
For the Authority:
Solid Waste Authority of Palm Beach County
7501 North Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
Facsimile Number 561-683-4067
For the Town:
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attention: Town Manager
Facsimile Number: 561- 737-0188
20 Designation of Recycling Coordinator
The Town 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 Town 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.
21 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 portions thereof had not been incorporated herein.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of
the day and year first above written:
SOLID WASTE AUTHORITY OF
PALM BEACH CO TY
Jo Booth
cutive Director
APPROVED AS TO LEGAL FORM AND SUFFICIENCY: %
By: 1'4..L1iip -&C
Maureen Cullen, Solid Waste Authority
MUNICIPALITY:
Town of Gulf Stream
By:
tl.kyor William F. Koch, Jr.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
ATTEST:
Rita Tay' r, Town Clerk