HomeMy Public PortalAbout1998INTERLOCAL AGREEMENT FOR MUNICIPAL RECYCLING
AND GRANT MANAGEMENT
THIS AGREEMENT, made and entered into this K day of Tu — ITit 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 and Grant Management 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 State of Florida ("State") has established a grant program for recycling and
education projects; and
WHEREAS, without making joint application with the Authority, the Town may not be able to
obtain a grant or would have to provide matching funds to receive any grant benefits; and
WHEREAS, the Town desires to work in cooperation with the Authority to continue
establishment of a municipal recycling program toward achievement and maintenance of the
State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes.
WHEREAS, on or about July 20, 1994, the parties entered into an Interlocal Agreement for
Municipal Recycling and Grant Management; and
WHEREAS, the parties desire to terminate said agreement and enter into this new Agreement.
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 8.
2. Town agrees to cooperate with the Authority in making a grant application to the State of
Florida as defined in Section 15.
3. 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.
4. Recyclable Collection Service
A. Residential Service
This provision applies to residential units receiving solid waste collection service.
Municipal or contract crews shall collect all Recyclable Materials (defined in
Section 8) 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 Town's
limits. Municipal or contract crews shall collect Recyclable Materials (defined in
Section 8) 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 not feasible in a particular solid waste 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 make a recommendation to the Town. The Town will encourage all
businesses within the Town's limits to develop a recycling collection program
with the Town's collector. 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.
5. 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.
6. Point of Collection
Collection shall be at the backdoor or adjacent to/in the same location as designated for
garbage/refuse collection.
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7. 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 of each month by the Town or its
collector. 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 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.
8. 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 Containers,
Aluminum Foil Products, Aseptic Packages, Gable -topped Containers, Glass
bottles and jars (green, brown and clear), and All Plastic Containers.
Commingled recyclables will be deposited into one of the appropriately
designated reusable containers. Newspapers shall be placed loose in the other
appropriately designated reusable container, and all residents shall be encouraged
to place all other paper material, consisting of Magazines or Phone Books, in a
Kraft bag and place in or near the Newspaper reusable container. Old Corrugated
Containers 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 Newspaper.
Residents receiving containerized service may receive a separate container to be
used for the collection of Old Corrugated Containers. The Authority retains the
right to modify the manner in which materials are set out for collection with
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proper notice to the Town. Notice for a substantial change in collection method
shall be no less than one year.
Further expansion of designated materials is expected to commence January, 2000
(Phase H) and shall minimally include Junk Mail, Chipboard/Pressboard Paper
and any other materials approved in writing by the Town and the Authority.
The Recyclable Materials are more specifically defined as follows and Town
residents shall be encouraged to prepare for collection in accordance with
processing standards in paragraphs 1 through 13 below:
(1) Aluminum Containers - 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 rinsed
and free of food contaminants. Examples of acceptable items include
aluminum foil, pie plates and T.V. dinner trays.
(3) Aseptic Packages - poly -coated paperboard containers with aluminum
liners, for example drink boxes. These items shall be empty, rinsed,
straws removed and flattened.
(4) Gable -Topped Containers - poly -coated paperboard containers, for
example, milk cartons. These containers shall be empty, rinsed and
flattened.
(5) Glass - rinsed, whole green, brown and clear bottles and jars, but, shall not
include cooking ware, plate glass, safety glass, light bulbs, ceramics and
non -glass materials. Caps, lids, and any type of top shall be removed from
the containers. Labels may remain on the containers.
(6) Plastic Containers - Milk jug, water bottle, and laundry detergent
containers (HDPE), soft drink bottles (PETE) and all other plastic
containers (except styrofoam containers), empty, rinsed and dry, with tops,
caps or lids removed.
(7) Old Corrugated Containers - containers having liners of either test liner,
jute or Kraft. These items shall be dry and shall not include any wax
coatings, and shall be cut to an acceptable size, flattened, bundled and set
beside containers or placed in the Newspaper reusable container.
(8) Kraft Bags - brown paper grocery or shopping bags. These items shall be
either filled as stated above, or folded and placed in the Newspaper
reusable container.
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(9) Magazines - dry, coated magazines, catalogs and similar printed materials.
These items may be placed in Kraft bags and placed in or near the
Newspaper reusable container.
(10) Newspapers - newspapers, supplements, advertising and magazine
sections (all of which would have been included with the newspaper),
packed loose in the Newspaper reusable container.
(11) Phone Books - telephone directories made of paper. These may be placed
in Kraft bags and placed in or near the Newspaper reusable container at
any time during the year.
(12) Junk Mail (Phase II) - means envelopes, flyers and correspondence
received by residents through the U.S. Postal system. Items are to be
placed in a container as agreed to by the Town and the Authority.
(13) Chipboard/Pressboard Paper (Phase II) - means folding paper cartons used
for packaging. Examples include tissue, cereal and dry good packaging.
Items are to be placed in a container as agreed to by the Town and the
Authority.
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, Old
Corrugated Containers, Sorted White Ledger and Sorted Office Paper and any
other materials agreed to in writing by the Town and the Authority. Sorted White
Ledger and Sorted Office Paper are more specifically defined as follows and 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, a small percentage of
groundwood computer printout and facsimile paper and 10% other
commercially generated office paper including but not limited to
newspaper, junk mail, magazines and catalogs.
9. 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.
10. Transportation and Equipment
The Town shall be responsible for having collected Recyclable Materials transported to
or an Authority designated facility, including, but not limited to, the Authority's North
Materials Recycling Facility (NMRF), 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.
11. 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
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 the 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 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.
12. Compliance with Zonina 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.
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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
Criteria have 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. 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.
14. 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 and promotional and educational materials to each targeted
business and/or household, using materials developed, printed and supplied by
the Authority.
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 participate in the Authority's "Keep It Clean" tagging
program.
D. 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.
E. 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.
15. Grant Management
A. The Town authorizes the Authority, on behalf of the Town and the Authority, to
submit to the Florida Department of Environmental Protection (DEP) a joint
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application for a solid waste recycling and education grant for all years in which
the grant is available.
B. The Town acknowledges and understands that the Authority will submit the grant
application for the benefit of the Town, 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.
C. The Town agrees to provide to the Authority all information needed to develop
and maintain a complete recycling plan and grant application and to comply with
all reporting requirements prescribed by Florida Statutes and DEP Rules and
Regulations.
D. The Authority agrees to submit grant applications based on the applicable
following guidelines and in accordance with the DEP Rules and Regulations:
(1) 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) For municipalities that have entered into Interlocal Agreements with the
Authority under this grant program and similar to this Interlocal
Agreement (hereafter called 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.
(3) Application for the grant may be based upon the Authority's qualifying
project plan for the unincorporated areas of the county.
(4) For cities that do not submit a plan for filling the requirements of Section
151)(2) 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.
E. 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) If a countywide Grant Program application was submitted, then no funds
will be distributed to Participating Cities, but all grant funds received will
be applied to benefit the county as a whole based upon such approval as is
given by DEP of the submitted plan, or
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(3) If a joint Grant Program request 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 Town's submitted project plan is approved in
whole, or in part, or denied totally, then that Participating Town shall
receive funds accordingly based on the percentage of its plan that has been
approved.
(4) The Authority will distribute grant funds to the Town and all other
Participating Cities within thirty (30) days of receipt of grant program
funds from the State.
F. The Town agrees that the Authority will be entitled to deduct and retain for the
Authority's account, from any fonds distributable to the Town, 5% of the grant
award to cover Authority administrative costs, and 20% of the amount received
for the countywide education program.
G. The Town 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.
H. The Town 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.
I. Nothing contained in this agreement shall prohibit the Town from making
application for grants under other provisions of Chapter 403, Florida Statute that
are not in conflict herewith.
16. 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.
17. Chanties 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.
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18. Term
This Agreement shall begin the date herein above and continue through and including
September 30, 2003. 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.
19. This Agreement may be modified only by the mutual written consent of both parties.
20. 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.
21. 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
22. 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.
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 valid as if
such portions thereof had not been incorporated herein.
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24. The prior Interlocal Agreement For Municipal Recycling And Grant Management dated
July 20, 1994, entered into by the parties hereto shall terminate on the date of execution
of this Agreement, and neither party shall have any rights, duties or obligations arising
therefrom after the date of termination.
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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:
WITNESSES:
SOLI) WASTE AUTHORITY OF
PALM BEACZZ TY
�
Donald L. Lo art
Executive Director
APPROVED TO FORM AND SUFFICIENCY:
By:
Gee ounsel, Soli Waste Authority
Y U
WIT F§S ISS:
B
MAYOR
Town Clefk a
APPROVE O LEGAL SUFFICIENCY:
By:
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