HomeMy Public PortalAbout2008INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO
DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this lei day of�in�, 2008 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special
district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called
"Authority", and the TOWN OF Gulf' S+-reajn a municipal corporation, chartered and
organized in accordance with the laws of the State of Florida, hereinafter called "Town".
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; and
WHEREAS, in addition, the Town provides for the collection of solid waste from the residents
and businesses and residential recyclables within its boundaries and recognizes the need for safe and
sanitary processing and disposal of solid waste and residential recyclable materials; and
WHEREAS, the Town wishes to participate in a coordinated County -wide program for the
management of hazardous waste and control of solid waste processing and disposal and residential
recycling participation in cooperation with federal, state, and local agencies responsible for the
prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the Town together with Palm Beach County recognizes the need to plan and
develop an adequate solid waste and residential recycling system for the benefit of all the residents of
Palm Beach County.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained tq be kept and performed by the parties hereto, and for the mutual benefit of the Town, its
constituents and the A1ithority, it is agreed as follows:
1. The purpose of this Agreement is to set forth the terms and conditions for the delivery of
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municipal solid waste to designated facilities and for the operation of a recycling program between the
Authority and the Town in this combined agreement which upon execution by both parties shall
automatically rescind the "Interlocal Agreement for Municipal Recycling and Grant
Management" set to expire on September 30, 2008 and the "Interlocal Agreement for Delivery of
Municipal Solid Waste to a Designated Facility" expiring on September 30, 2010 previously
entered into by the parties and shall become effective upon filing with the Clerk of the Courts in
accordance with Chapter 163, Florida Statutes.
2. The Town agrees that all solid waste and residential recyclables collected by or on behalf of the
Town shall be disposed of at an Authority operated facility or Authority permitted facility
("designated facilities"), in accordance with this Agreement.
3. The Town agrees to cooperate with the Authority to provide all necessary and required
information to the Authority in a timely manner so that it can be determined if the Town's solid
waste and residential recyclables are being delivered to a designated facility.
4. The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the
Town's waste and residential recyclables to operate within all applicable local, state and federal
environmental guidelines.
5. Compliance with Zoning Ordinances
Any transfer and/or disposal of solid waste and 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.
6. Waste Disposal Requirements
All solid waste and residential recyclables collected by or on behalf of the Town shall be
disposed of at an Authority operated or permitted facility in accordance with the criteria
established for acceptance of loads deemed suitable for processing at the designated facilities.
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 cardboard; 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
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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 their 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 as more specifically defined as follows shall be prepared for
collection in accordance with the collection standards below:
(1) Sorted White Ledger - white ledger or computer printout paper. Dry and free of
contaminants.
(2) Sorted Office Paper - 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 Paper — 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.
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.
Transportation and Equipment
The Town shall be responsible for having collected Recyclable Materials transported to a
designated facility, including, but not limited to, the Authority's Residential Materials Recycling
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 of 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
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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 non -recyclable items, they
must follow this procedure:
A. The collector shall pickup all Recyclable Materials except for those contaminated by non -
recyclable material 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 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.
As a means of strengthening the Town's ability to have its collector fulfill the Town's
recycling needs, the Town agrees to notify and 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 its collector to contact residents or businesses
that 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. Recycling Containers
The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon recycling
containers. The yellow and blue colors reflect a consistent educational advertising effort through
TV commercials, newsprint, radio, mailer, or other source. It is the Town's responsibility to
make sure it or its collection contractor has equipment compatible to provide proper collection of
these recycling containers without damage. The Town or its collection contractor shall be
responsible for replacement of any recycling container(s) damaged during service at no
additional cost to the Authority.
12. 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.
13. Unacceptable Materials
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Criteria have been established for acceptance of loads deemed suitable for processing at
designated facilities. If the load contains in excess of 12% non -recyclable materials by volume,
the receiving facility will reject the load. The Town or its contractor will be charged the actual
disposal cost and a $250.00 processing fee for any rejected load due to contamination or
equipment mechanical failure. The Authority will notify the Town immediately of a
contaminated load. If the problem of unacceptable loads persists, (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.
14. Promotion and Education Responsibilities
The Authority will provide recycling bins/containers and assist in promoting and educating
residents within the Town in an effort to work together and increase recyclable tonnages.
15. 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 designated
facilities. The Authority may, from time to time, undesignate a facility. The Town will take
such action as is necessary and available to ensure against and prevent scavenging and
unauthorized removal of such recyclables within the jurisdiction of the Town.
16. Term
This Agreement shall begin on the date herein above and continue through September 30, 2013,
and may be renewed for a period of five (5) years upon mutual agreement. Notwithstanding
termination, any rights or duties imposed by law shall remain in effect.
This Agreement may be modified only by the written consent of both parties; or terminated by
either party upon one hundred twenty days (120) days written notice to the other. The effective
date of termination will be the last day of the fiscal year in which the notice was given.
17 Change in Law
In the event any change in law 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.
18. Notices.
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 written instructions to contact another individual.
For the Authority: For the Town:
Solid Waste Authority of Palm Beach County -j'own of Gnl ipSf team
7501 North Jog Road I oo Sea 'Rtx�d
West Palm Beach, Florida 33412 GO, V< 5+reaw", PL. 33y K3
Attention: Executive Director
19. If any clause, section, or provision of this Agreement shall be declared to be unconstitutional,
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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.
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