INTERLOCAL AGREEMENT COLLECTION OF RECOVERED MATERIALS
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APR 11,- 1997 1:01PM
~~INELLAS COUNTY FLA.
OFl.REC.BK 9670 PG 1401
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INTERLOCAL AGREEMENT
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",o'c\\,!liS\C:AGREEMENT made this?; day of Cl tJ L:.)
, 1997, by and between
Pinellas County, Florida ("County"), a political subdivision of the State of Florida, and the
City of Clearwater, Florida ("City").
RECITALS
1. County has established certain sites within the unincorporated area of the
County ("Collection Sites"), at which may be disposed Recovered Material (as defined
herein).
2. There is a need for lh" ::::~ec;:;vered Materials to be collected from the
Collection Sites.
3. City has offered to collect the Recovered Materials from the Collection Sites,
to market and sell certain of the Recovered Materials, and to share the revenues from such
sales with the County.
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4. County and City desire to enter into this Agreement for the Collection,
marketing and sale of Recovered Materials deposited at and collected from the Collection
Sites.
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NOW, THEREFORE, in consideration of the mutual covenants, tenns and conditions
herein set forth to be kept and performed by and between the parties hereto, it is agreed
as follows:
ARTICLE I
THE AGREEMENT
SECTION 101.
PURPOSE.
The purpose of this Agreement is to define the
obligations and responsibilities of the parties hereto, with respect to the provision of
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PTNELLAS COUNTY FLA.
OFF.iEC.BK 9670 PG 1402
Inlerlocal Agreement between Pine lias County and City of Clearwater
PaQe 2
collection and marketing of Recoverable Materials.
ARTICLE II
DEFINITIONS
SECTION 201,
WORDS AND TERMS. Unless the context otherwise requires, Terms
used herein shall have the following meanings described to them:
"City Work Day" means any day other than a Saturday, Sunday, or a day on which
the City of Clearwater is required or authorized to remain closed.
"Collection Sites" or "Sites" means those sites design<lted by the County for
servicing under the terms of this Agreement and listed on Exhibit "A," attached hereto and
made a part hereof.
"Contaminants" means any materials which are not Recovered Materials.
"Net Revenue" means the revenues derived from the sale of Recovered Materials
less Processing Costs.
"Processing Cost" means Eighteen Dollars ($18.00) per ton for newspaper and
plastic through September 30,1997, and $18.72 thereafter.
"Recovered Materials" means clear glass, plastic soda bottles, plastic milk jugs,
water jugs, newspapers, corrugated cardboard, and such other materials as the County
and the City may, by mutual agreement, agree to be collected at the Collection Sites.
"Recycling Containers" or "Containers" means those Recycling Containers listed
at the Collection Sites on Exhibit "A."
"Schedule" means the Collection Schedule For Recovered Materials set forth in
Exhibit "A" attached hereto and made a part hereof.
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OFF.REC.BK 9670 .
I PG 1403
Interlocal Agreement between Pinellas County and City of.Clearwater
Pace 3
SECTION 202.
TERMS GENERALLY. Whenever the context requires, any
pronoun shall include corresponding masculine, feminine and neuter forms. The words
"include," "includes," and "including" shall be deemed to be followed by the phrase "without
limitation," except as the context may otherwise require. The words "agree," "agreement,"
"approval," and "consent" shall be deemed to be followed by the phrase "which shall not
be unreasonably withheld or unduly delayed," except as the context may otherwise require.
ARTICLE 11\
DUTIES AND RESPONSIBILITIES OF COUNTY
SECTION 301.
SITE PREPARATION AND MAINTENANCE.
Prior to the
commencement of City's obligations hereunder, the County shall prepare the Collection
Sites and shall thereafter maintain them. Maintenance shall include picking up non-
containerized Contaminants, providing fencing and signage, and maintaining the surface
of the Collection Site.
SECTION 302.
ACCESS. Except when the County specifically establishes alternate
hours, County shall cause each Collection Site to be open for public access twenty-four
(24) hours a day, seven (7) days a week.
SECTION 303.
SIGNAGE. County shall provide and install directional signs on the
right-of-ways and informational signage at the Collection Sites.
SECTION 304.
LITTERING AND ILLEGAL DUMPING. County shall be responsible
for responding to and investigating incidents of illegal dumping of Contaminants at the
Collection Sites. County shall also be responsible for disposing of, or causing to be
disposed, litter and non-containerized Contaminants, including biomedical and hazardous
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P~NELLAS COUNTY FLA.
OFFf<EC.BK 9670 PG 1404
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Interlocal Agreement between Pinellas County and City of Clearwater
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materials, at the Collection Sites.
SECTION 305.
RECYCLING CONTAINERS. City and County understand that
County owns the current Recycling Containers and that such Containers shall remain the
property of the County. County reserves the right to relocate, add or remove Recycling
Containers. In the event County adds or removes any Recycling Containers, County shall
pay City for such addition or removal in accordance with Section 601 hereof. Subject to
approval by the County, City may add additional Recycling Containers (which would remain
in their ownership) to facilitate collection or source separation. The City shall share
revenue with County for the additional materials.
ARTICLE IV
DUTIES AND RESPONSIBILITIES OF CITY
SECTION 401.
COMMENCEMENT OF DUTIES. The City and shall begin collecting
Recovered Materials at the Sites no later than fifteen (15) days after receiving notice from
the County to proceed. Prior to commencement of its obligations hereunder, City shall
familiarize itself with the Collection Sites.
SECTION 402.
COLLECTION OF RECOVERED MATERIAL.
(a) Collection Services. City shall collect Recovered Materials from each of the
Collection Sites in accordance with the Schedule. County shall notify City, which notice
shall be confirmed by facsimile transmittal, of any extra collections which the County may
require. City shall respond within twenty-four (24) hours of such notification; provided
however, that any notice given on a Friday must be received by the City by 10 a.m. on that
Friday for collection within twenty-four (24) hours. If the notice is given after 10:00 a.m. on .
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PINELLAS COUNTY FLA.
01F.REC.BK 9670 PG 1405
Interlocal Agreement between Pinellas County and City of Clearwater
Pace 5
a Friday, then collection shall be made on the next City Work Day; provided, however, that
in the case of an emergency, as determined by the County, the City shall make the
collection sooner and the County shall compensate City in accordance with Section 601 (b)
hereof.
County shall compensate City for collection of Recovered Materials from the
Collection Sites in accordance with Section 601 hereof.
(b) Clearinq of Litter. City shall move, at no additional cost to the County, non-
Recovered Materials away from the Recycling Containers in order to empty the Recycling
Containers.
(C) Uncontainerized Recvclable Materials. At no additional cost to the County,
City shall place uncontainerized Recovered Materials into the Containers during collection
at each Site and shall empty Recycling Containers.
SECTION 403.
HOURS AND SCHEDULE OF COLLECTION. City shall perform the
services described herein at the Collection Sites in accordance with the Schedule and only
during the hours between 7 a.m. and 7 p.m. on weekdays, and between 8 a.m. and 8 p.m.
on weekends, unless otherwise notified in writing by County. City shall notify County within
four (4) hours if it is unable to comply with the Schedule for a Collection Site. City and
County may alter the Schedule by mutual agreement.
SECTION 404.
AUXILIARY CONTAINERS. City shall service at each Collection Site,
and at no additional cost to the County, two (2) auxiliary trash containers, with a minimum
size of fifty (50) gallon, and shall empty them twice (2 times) a week. City may provide a
chain, lock and key for each auxiliary trash container.
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tlNELLAS COUNTY FLA,
OFF.REC.BK 9670 PG 1406
Inlerlocal Agreement between Pinellas County and. City of Clearwater
Paoe 6
SECTION 405.
CONTAMINANTS. City shall dispose of, or cause to be disposed, at
no additional cost to County, any Contaminants which may be in the Recycling Containers.
SECTION 406.
PROCESSING AND MARKETING. City shall process, market and
sell all Recovered Materials collected by City from the Collection Sites. Revenues derived
from the sale of Recovered Materials shall be credited to the County as provided in Section
606 hereof.
SECTION 407,
MAINTENANCE OF CONTAINERS. City shall provide painting,
w;,!,jir!;;,~c:p!acement of lids, and such minor repairs to the RecyclingC()nt~i.ners as may
be required by County. County shall pay City for such work at the rates specified in Section
602 hereof. With respect to painting, County shall notify City of the Type of Service,
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O.~ described in Section 602 (a), to provide. City must perform any maintenance work within
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maintenance is being performed.
SECTION 408.
CORRUGATED CARDBOARD. City shall service Sites where
corrugated cardboard is collected at no additional cost to the County. City may, at no
additional cost to the County, place its containers for corrugated cardboard at the Collection
Sites so long as such containers do not interfere with ingress to and egress from the
Collection Sites. County shall receive no revenues or credits for corrugated cardboard
collected at the Collection Sites.
SECTION 409.
ENFORCEMENT OF COUNTY ORDINANCES. City shall assist
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PINELLAS COUNTY FLA.
OFF.1FC.BK 9670 PG 1407
Interlocal Agreeme"t between Pinellas County and City .01 Clearwater'.
Paqe 7
County with enforcement of County's anti-dumping ordinances at the Collection Sites by
being observant and immediately reporting illegal activities or suspicious behavior and
license tag numbers, whenever possible, to the County's Department of Solid Waste
Operations' Enforcement Section during the hours of 8 a.m. and 5 p.m, Monday through
Friday, or by calling the Sheriffs Office after hours.
ARTICLE V
INSURANCE AND INDEMNIFICATION
SECTION 501.
MI~J)I!!UM INSURANCE REQUIREMENTS. City shall pay for and
maintain, or provide through self funding, at least the following insurance coverages and
limits. The insurance requirements shall remain in effect throughout the term of this.
Agreement.
(a) Worker's Compensation limits as required by Florida law.
(b) Public Liability insurance, including bodily injury and property damage, in an
amount equal to the maximum limits of liability provided for in Section 768.28, Florida
Statutes. In addition, City may, but shall not be required, to purchase and maintain excess
liability insurance coverage in an amount deemed prudent by the City. The City has in
force presently an excess liability policy providing aggregate coverage of $5,000,000 with
$500,000 self-insured retention.
(c) Any policies of insurance provided for herein to be carried by City shall be
issued by insurance companies certified to do business by the State of Florida and its
insurance regulatory bodies, provided, however, City may self-fund any risk provided for
in this Section in lieu of purchasing insurance coverage therefore.
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OFF.R1C BK COUNTY FLA
. ... . 96 70 PG 140{3
Interlocal Agreement between Pinellas County and City of Clearwater
Paoe 8
(d) The insurance shall be evidenced either by delivery to the County of
certificates of insurance executed by the City's insurance brokers listing the coverage and
limits, expiration dates, and terms of policies, or a Letter of Self-Insurance from the City
with pertinent information about its self-insurance coverage.
SECTION 502, INDEMNIFICATION. City and County agree to be fully responsible for
their own acts of negligence or their respective agents' acts of negligence when acting
within the scope of their employment, and agree to be liable for any damages resulting from
said negligence. Nothing herein is intended to. serve as a waiver of sovereign immunity by
either the City or County. Nothing herein shall be construed as consent by City or County
to be sued by third parties in any manner arising out of this Agreement.
ARTICLE VI
COMPENSATION AND OTHER FINANCIAL PROVISIONS
SECTION 601.
COLLECTION.
(a) County shall compensate City for its collection services on a per Container
basis. For each Recycling Container emptied by the City, the County shall pay City as
follows:
Reaular Service
Additional Service
Two Cubic yard Container
Six Cubic Yard Container
Eight Cubic Yard Container
Roll-Off Container
$ 27.50 per collection
$ 40.50 per collection
$ 47.00 per collection
$121.27 per collection
$ 69.25 per collection
$ 69.25 per collection
$ 69.25 per collection
For each instance in which the
County adds or removes a
Recycling Container $ 38.50 per collection
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_ PINELLAS COUNTY FLA.
OfF.REC.BK 9670 PG 14?9
Interlocal Agreement between Pine lias County a"d City of Clearwater
Paqe 9
(b) Collection services after normal working hours or on weekends or holidays
shall be compensated by County at one hundred fifty percent (150%) of established rates.
SECTION 602.
MAINTENANCE OF CONTAINERS. For providing the services
described in Section 407 hereof, County shall compensate City as follows:
(a) PAINTING
RolI.Off 8.Cubic Yard 6.Cubic Yard
Tvoe of Service 30.Cubic Yard (Red Paint) (Blue Paint)
Painting: $ 110.00 x 5 $ 80.00 x 7 $ 70.00 x 2
(including sand- Containers Containers Containers
blasting, primer
& 2 coats of = $550.00 = $560.00 = $140.00
paint)
Painting: $ 85.00 x 5 $ 65.00 x 7 $ 50.00 x 2
(2 coats of paint) Containers Containers Containers
= $425.00 = $455.00 = $100.00
. Cost Per
Year
$1,250.00
$980.00
(b) WELDING/MINOR REPAIRS
Cost per hour = $ 47.00
Approximate number of hours: 10
Cost per year: 10 hours x $47.00 = $470.00
(C)
REPLACING LIDS (parts & labor)
Cost per lid = $ 35.00
Approximate number of lids: 8
Cost per year: 8 lids x $35.00 = $280.00
SECTION 603.
DEDUCTIONS FOR FAILURE TO EMPTY RECYCLING
CONTAINERS. For each instance that City fails to empty Recycling Containers according
to:: C)
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OFF.REC.BK 9670
Interlocal Agreement between Pine lias County and City of Clearwater
Paoe 10
to the Schedule, County shall deduct from City's compensation Fifty Dollars and 00/100
($50.00). Any deductions shall be made from City's next monthly payment.
SECTION 604, DEDUCTIONS FOR FAILURE TO EMPTY AUXILIARY
CONTAINERS. For each instance that City fails to empty auxiliary containers twice a
week, County shall deduct from City's compensation Twenty Dollars ($20.00) per collection
Site per week. Any deductions shall be made from City's next monthly payment.
SECTION 605.
REVENUES FROM SALE OF RECOVERED MATERIALS. County
shall be2ntit!ec to sixty percent (60%) of the Net Revenues received by City from the sale
of County's plastic and newspaper which the City collects from the Collection Sites. City
shall pay County three Dollars ($3.00) a ton, subject to market adjustments based on
documentation supplied by City, for clear glass collected from the Collection Sites. County
shall receive no revenues or credit for brown glass, green glass or mixed glass. Net
revenues shall be credited or paid, as the case may be, to the County, as provided in
Section 606 hereof.
If any load collected by the City contains an amount of Contaminants that prevents
the load from meeting mill specifications, the City may adjust the weight of that load and
shall notify County of the adjustment. County may participate in the evaluation of the load.
Revenues from the sale of Recovered Materials shall be subtracted from the amount due
from the County to the City under Sections 601 and 602 hereof.
SECTION 606,
INVOICING. By the fifteenth (15th) day of each month, City shall
submit to County an invoice for the services provided during the immediately preceding
month. The invoice shall include the identification of the Collection Sites serviced by City,
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lFF.REC.BK 9670 PG 14il
Intenocal Agreement between Pinellas County and City of Clearwater
Paoe 11
the date, number and type of Recycling Containers emptied. Each invoice shall be
accompanied by weight tickets for all Recovered Materials collected and shall state the total
weight of such Materials collected, less any weight adjustment for contaminants, shall
identify the type of Recovered Materials and shall state the market price at which the
Recovered Materials are sold. The invoice shall also state the Net Revenues due County
and such Net Revenues shall be credited against amount stated and due from County. Any
Net Revenues in excess of the amount due and owing from County shall be made payable
to the Pinellas County Department of Solid Waste Management. Payment of amounts in
excess of Net Revenues invoices shall be made in accordance with S218.70, Florida
Statutes, the Florida Prompt Payment Act.
SECTION 607.
FISCAL NON-FUNDING. In the event sufficient budgeted funds are
not available for a new fiscal period, County shall notify City of such occurrence and this
Agreement shall terminate on the last day of current fiscal period without penalty or
expense to the County.
SECTION 608.
RIGHT TO AUDIT. In accordance with Section 2-1760) of the Pinellas
County Code, all records of the City with respect to this contract shall be subject to audit
by the County.
ARTICLE VII
TERM AND TERMINATION
SECTION 701.
TERM. The term of this Agreement shall be for one (1) year,
commencing on the date of full execution hereof. This Agreement may be extended,
subject to written agreement by and between County and City, for one (1) additional six (6)-
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, PINELLAS 9~~~ pG 1412
OFF.REC.BK
Interlocal Agreement between Pinellas County and City of Clearwater
PaQe 12
month period. This option shall be exercised only if all prices, tenns and conditions remain
the same and approval is granted by the Board of County Commissioners, and the
Clearwater City Commission.
SECTION 702.
TERMINATION. Either party may cancel this Agreement without
cause by giving sixty (60) days prior written notice to the other party of the intention to
cancel or with cause if at any time if either party fails to fulfill or abide by any of the terms
or conditions specified.
ARTICLE VIII
MISCELLANEOUS
SECTION 801. NON-DISCRIMINATION IN EMPLOYMENT. City will not discriminate
against any applicant for employment because of age, race, color, religion, sex or national
origin. City will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to age, race, color, religion, sex
or national origin. Such action shall include, but not be limited to, recruiting and related
advertising, layoff or termination, upgrading, demotion, transfer, rates of pay and
compensation, and selection for training, including apprenticeship. City will post in
conspicuous places, available to all employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
SECTION 802. NOTICES. All notices, consents and agreements required or permitted
by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered
or certified mail, return receipt requested, with notice deemed to be given upon receipt;
postage prepaid, and shall be addressed as follows:
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OF p INELLAS
,- F. JiEC. B1\ COUNTY
9670 FLA
PG 14i3
Interlocal Agreement between Pine lias County and City of Clearwater
Pace 13
If to County:
Director, Pinellas County Department of Solid
Waste Operations .
3095 114th Avenue North
St. Petersburg, FL 33716
If to Contractor:
Director, City of Clearwater Department of Solid Waste
1701 N. Hercules Avenue
Clearwater, FL 34625
SECTION 803, ENTIRE AND COMPLETE AGREEMENT. This Agreement, as amended,
and all Appendices hereto, constitute the entire and complete agreement of the Parties with
respect te the services to be provided hereunder. This Agreement, unless provided herein
to the contrary, may be modified only by written agreement duly executed by the Parties
with the same formality as this Agreement.
SECTION 804. OTHER DOCUMENTS. Each Party agrees to execute and deliver any
instruments and to perform any acts that may be necessary or reasonably requested in
order to give full effect to this Agreement.
SECTION 805. APPLICABLE LAW. The law of the State of Florida shall govern the
validity, interpretation, construction and performance of this Agreement.
SECTION 806. WAIVER. Unless otherwise specifically provided by the terms of this
Agreement, no delay or failure to exercise a right resulting from any breach of this
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representation, warranty or covenant contained in this Agreement is breached by either
Party and thereafter waived by the other Party, such waiver shall be limited to the particular
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1- PINELLAS COUNTY FLA.
G PG 1414
OFF.REC.BK 967
Interlocal Agreement between Pinellas County and City of Clearwater
Paoe 14
breech so waived and shall not be deemed to waive any other breach under this
Agreement.
SECTION 807. SEVERABILITY. In the event that any provision of this Agreement shall,
for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the
Parties hereto shall negotiate in good faith and agree to such amendments, modifications,
or supplements of or to this Agreement or such other appropriate actions as shall, to the
maximum extent practicable in light of such determination, implement and give effect to
the intentions of the Parties as reflected herein, and the other provisions of this Agreement
shall, as so amended, modified, supplemented, or otherwise affected by such action,
remain in full force and effect.
SECTION 808. CITY IS INDEPENDENT CONTRACTOR. The parties agree that
throughout the term of this Agreement, and during the performance of any obligations
hereunder, City is an independent contractor in all respects and shall not be the agent,
servant, officer, or employee of the County. County waives any fees, license or permit
required for the performance of this Agreement.
SECTION 809, NO THIRD-PARTY BENEFICIARIES: ASSIGNMENT. This Agreement
IS not intended, nor shall it be construed, to inure to the benefit of any third person or entity
not a party hereto, and no right, duty or obligation of the City under this Agreement, shall
be assigned to any person, private association or corporation, not-for-profit corporation, or
public body without the prior written consent of the Authority.
SECTION 810. HEADINGS. Captions and headings in this Agreement are for ease of
reference and do not constitute a part of this Agreement.
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o F.REC.BK 9670 PG 1415
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Interlocal Agreement between Pinellas County and City of Clearwater
Paoe 15
SECTION 811, COUNTERPARTS, This Agreement may be executed in more than one
counterpart, each of which shall be deemed an original.
ARTICLE IX
FILING OF AGREEMENT
This Interlocal Agreement shall become effective upon filing with the Clerk of the
Circuit Court of Pinellas County, Florida, as required by Section 163.01 (11), Florida
Statutes.
IN WITNESS WHEREOF, the parties hereto, by and through their undersigned
authorized officers, have caused this Agreement to be executed on this
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day of
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, 1997.
A Tt/;.ST:
....~.~~L!2E~,F. DeBLAKER, CLERK
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PINELLAS COUNTY, FLORIDA, by and
through its Board of County Commissioners
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CITY OF CLEARWATER, FLORIDA
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Approved as to form and
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t" PINELLAS ~~o pG 1416
o F.REC.BK 9
Inlerloeal Agreement between Pine lias County and City of Clearwater
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EXHIBIT A
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OFF.REC.BK 9670
COLLECTION SITES, CONTAINER TYPES PER SITE,
AND COLLECTION SCHEDULE
1. CURLEW ROAD
. West of County Road 1. Dunedin
Container Type
A. One - 30 Cubic Yard Roll-Off Container
B. One. 30 Cubic Yard Roll-Off Container
C. Two - 2 Cubic Yard Containers
Recovered Material
Newspaper
Newspaper
Clear Glass
NORTH PINELLAS TREATMENT PLANT
On Alternate U.S. 19. one mile south of Klosterman Rd
Container Type Recovered Material
A. One - 30 Cubic Yard Roll-Off Container Newspaper
B. Two. 8 Cubic Yard Containers Plastic
C. Two - 2 Cubic Yard Containers Clear Glass
2.
3.
JOHN CHESTNUT. SR. PARK
Corner of Sandv Point and East Lake Roads
Container Type
A. One - 30 Cubic Yard Roll-Off Container
B. Two - 8 Cubic Yard Containers
C. One - 2 Cubic Yard Container
4.
NORTH COUNTY GOVERNMENT CENTER
SERVICE CENTER. 29582 U.S. Hwv 19 North
Container Type
A. Two - 6 Cubic Yard Containers
B. Two - 8 Cubic Yard Containers
C. One - 2 Cubic Yard Container
5. SAFETY HARBOR FIRE STATION-
3095 McMullen Booth Road. SafelY Harbor
Container Type
A. One - 30 Cubic Yard Roll-Off Container
B. One - 8 Cubic Yard Container
C. One - 2 Cubic Yard Container
. On.Call are picked up 2 to 3 times per montih '
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Recovered Material
Newspaper
Plastic
Clear Glass
Recovered Material
Newspaper
Plastic
Clear Glass
Recovered Material
Newspaper
Plastic
Clear Glass
Collection Schedule
On-Call"
On-Call"
Once a Week
Collection Schedule
On Call"
-Once a'Week
Once a Week
Collection Schedule
On-Call.
Once a Week
Once a Week
Collection Schedule
Once a Week
Once a Week
Once a Week
Collection Schedule
On-Call.
Once a Week
-,' Once- a Week