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Home My WebLink AboutCity of Tamarac Resolution R-2021-124 Temp. Reso. #13689 October 27, 2021 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND PARTICIPATING COMMUNITIES PROVIDING FOR SOLID WASTE DISPOSAL SUPPORT SERVICES THROUGH JULY 2, 2028; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT AND TAKE ALL STEPS NECESSARY TO EFFECTUATE THE INTENT OF THE RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is committed to providing fiscally and environmentally responsible disposal of municipal solid waste; and WHEREAS, on January 23, 2013, via Resolution Number R-2013-11, the City Commission of the City of Tamarac approved the Interlocal Agreement (ILA)with Broward County and Participating Communities providing for Solid Waste Disposal Support Services, a copy of Resolution Number R-2013-11 is incorporated herein by reference and is on file in the Office of the City Clerk; and WHEREAS, on February 27, 2018, the Broward County Board of Commissioners approved the First Amendment to the ILA for Solid Waste Disposal Support Services, extending the ILA through July 2, 2023, and via Resolution Number R-2018-099, dated August 22, 2018, the City of Tamarac approved and authorized the First Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal Support Services, Temp Reso. #13689 October 27, 2021 Page 2 a copy of Resolution Number R-2018-099 is incorporated herein by reference and is on file in the Office of the City Clerk; and WHEREAS, Broward County has the unilateral ILA, the County has the unilateral right to extend the Agreement for disposal through July 2, 2028, by initially declaring its intent to do so by January 15, 2022; and WHEREAS, in order to exercise that right, the County must have a binding written commitment for the entire second renewal term (July 3, 2023 through July 2, 2028) from governmental entities whose residents and businesses have annually generated at least 500,000 tons of waste collectively; and WHEREAS, on August 24, 2021, the Broward County Board of Commissioners approved the Second Amendment to the ILA for Solid Waste Disposal Support Services, extending the ILA through July 2, 2028, a copy of the notification regarding the County's approval of the Second Amendment to the ILA is attached hereto as "Exhibit 1"; and WHEREAS, the Public Services Director, the Financial Services Director, and the Purchasing and Contracts Manager recommend the City Commission of the City of Tamarac approve the Second Amendment to the ILA with Broward County for Solid Waste Disposal Services, and authorize the appropriate City Officials to execute said Amendment to the ILA, a copy of the Second Amendment is; attached hereto as "Exhibit 2", incorporated herein and made a specific part of this Resolution; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interest of the citizens, residents, and businesses within the City to approve the Second Amendment to ILA with Broward County and Participating Communities for Solid Waste Temp. Reso. #13689 October 27, 2021 Page 3 Disposal Support Services, and authorize the appropriate City Officials to execute said Amendment to the Agreement and to take all steps necessary to effectuate the intent of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, 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.All Exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission HEREBY approves the Second Amendment to the ILA with Broward County and Participating Communities for Solid Waste Disposal Support Services, effective July 3, 2023 through July 2, 2028, attached hereto as "Exhibit 2", and the appropriate City Officials are HEREBY authorized to execute the Second Amendment to the ILA and to take all steps necessary to effectuate the intent of this resolution. Section 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Temp. Reso. #13689 October 27, 2021 Page 4 Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13 day of Qerb , 2021. / 4.41)e, T(L MIQ ELLE J. GOM { MAYOR ATTEST: 1 4EN FER Jt NSO , CMC CITY LE RECORD OF COMMISSION VOTE: MAYOR GOMEZ DES DIST 1: COMM. BOLTON r DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this Resolution as to fo . 11111 J• ,or=•'RIN, ICI ATTORNEE TR 13689-Exhibit 1 BRNARD COUNTY FLORID A BERTHA W. HENRY, County Administrator 115 S.Andrews Avenue, Room 409•Fort Lauderdale, Florida 33301 • 954-357-7362• FAX 954-357-7360 September 20, 2021 To: Broward County Municipal Managers RE: Second Amendment to Interlocal Agreement for Solid Waste Disposal Support Services Dear Municipal Managers: The purpose of this letter is to seek your municipality's interest in extending the term for solid waste disposal services currently provided to your municipality. On August 24, 2021, the Broward County Board of County Commissioners approved the attached Second Amendment to the Interlocal Agreement (ILA) for Solid Waste Disposal Support Services. The Second Amendment allows each participating municipality to utilize Wheelabrator (currently known as "Waste Innovations") for disposal of various waste streams - residential and commercial waste, yard waste, bulk trash, and/or construction and demolition debris - and details pricing options. Each participating municipality must commit to disposing of its residential and commercial waste (defined as "Contracted Processable Waste") and the other selected various waste streams mentioned above with Wheelabrator for the entire second renewal term (July 3, 2023, through July 2, 2028). Pursuant to the terms of the County's agreement with Wheelabrator, the Disposal Services Fee commencing upon the July 2023 renewal will equal the Disposal Services Fee in effect on July 1, 2023, plus $1.50 per ton. Further, only Option 3 on Exhibit A of the current Disposal Agreement will be available. Finally, it should also be noted that the current provision wherein Wheelabrator covers any additional transportation and tipping costs at the Alternate Disposal Facility for processable waste above 725,000 tons will end on June 30, 2023, and it will not be responsible for the cost of transporting waste to the Alternate Disposal Facility. The County will engage in discussions with Waste Innovations to see if any of these elements can be further negotiated, but there is no guarantee that any of the provisions as outlined above will change. Please be assured that a continued commitment to dispose of waste with Wheelabrator during this period will not interfere with the current goals of the Solid Waste Working Group (SWWG). While waste-to-energy is recognized as a viable option to managing waste, the SWWG continues to advocate for a regional approach to solid waste disposal and recycling. Broward County Board of County Commissioners Mark D Bogen•Lamar P Fisher•Beam Furr-Steve Geller•Dale V.C.Holness•Nan H.Rich•Tim Ryan•Barbara Sharief•Michael Udine www.broward.org Pane I 012 TR 13689-Exhibit 1 September 20, 2021 Municipal Managers ILA for Solid Waste Disposal Services If your municipality would like to participate, please print three one-sided copies of the attached agreement, complete and execute Page 5 of the Second Amendment, and send three original copies to: Broward County Solid Waste and Recycling Services Attn: Notosha Austin, Assistant Director 1 N. University Drive, Suite 400 Plantation, FL 33324 Please provide the executed Second Amendment by Friday, November 5, 2021, so we can better understand our total commitment in advance of discussions with Wheelabrator. If you have any questions, please contact Notosha Austin at 954-474-1880. Sincerely, Bertha Henry County Administrator Attachment cc: Monica Cepero, Deputy County Administrator Kevin Kelleher, Assistant County Administrator Trevor M.A. Fisher, Acting Director, Public Works Department Notosha Austin, Assistant Director, Solid Waste and Recycling Services Pape 2 of 2 TR 13689-Exhibit 2 Second Amendment to September 1, 2012, Interlocal Agreement This Second Amendment (the "Second Amendment") to the Interlocal Agreement between Broward County and Participating Communities for Solid Waste Disposal Support Services, dated September 1, 2012, is executed by and between Broward County, a political subdivision of the state of Florida ("County"), and (tAJ44fM a municipal corporation ("Participating Community"). County and Participating Community are sometimes each individually referred to as a "Party" and collectively as the "Parties". RECITALS A. In June 2012, County entered into an agreement with Wheelabrator Environmental Systems Inc., a Delaware corporation ("Wheelabrator"), to provide for the disposal of solid waste generated within Broward County ("Original Disposal Agreement"). Subsequently, County and Wheelabrator have entered into two (2) amendments (the Original Disposal Agreement and its amendments, including the Global Amendment, are collectively referred to as the "Solid Waste Disposal Agreement"). B. County and Participating Community(and other similarly situated Broward County municipalities) entered into an interlocal agreement for solid waste disposal support services, dated September 1, 2012 ("Original Interlocal Agreement"), so that Broward County municipalities might benefit from the disposal capacity provided through the Solid Waste Disposal Agreement. The Original Interlocal Agreement was amended with a first amendment, the template for which was approved by action of the Broward County Board of County Commissioners on February 27, 2018, Agenda Item 58.B. ("First Amendment"), wherein each Participating Community selected Wheelabrator to provide waste disposal services (the Original Interlocal Agreement and First Amendment are collectively referred to as the "Interlocal Agreement"). C. The Solid Waste Disposal Agreement and the Interlocal Agreement each expire on July 2, 2023, unless extended. D. The Solid Waste Disposal Agreement allows County to renew its term for an additional five (5) years through July 2, 2028, provided (in addition to certain other conditions) there are waste disposal commitments from municipalities within Broward County whose residents and businesses collectively generate at least 500,000 tons of residential and commercial Waste (as defined in the Solid Waste Disposal Agreement and otherwise known as "Contracted Processable Waste" in the Global Amendment and this Second Amendment) on an annual basis. E. The Parties wish to continue working cooperatively, diligently, and in good faith with one another to find regional, cost-effective, and environmentally sustainable solutions to dispose of solid waste. The Parties desire to further that goal by entering into this Second Amendment to extend the term of the Interlocal Agreement by another five (5) years. Second Amendment to September 1, 2012, ILA for Disposal Services Page 1 of 5 TR 13689-Exhibit 2 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Participating Community hereby agree as follows: 1. The above Recitals are true and correct and are incorporated herein as if set forth in full hereunder. All capitalized terms not expressly defined within this Second Amendment shall retain the meaning ascribed to such terms in the Solid Waste Disposal Agreement or the Interlocal Agreement, as applicable. 2. The Interlocal Agreement is hereby renewed for a five (5) year period, commencing July 3, 2023, through July 2, 2028 (the "Renewal Period"). 3. During the full term of the Renewal Period, Participating Community shall collect, transport, deliver, and deposit all Contracted Processable Waste within its boundaries to/at the appropriate receiving facility of Wheelabrator in accordance with the Solid Waste Disposal Agreement. 4. In addition to the Contracted Processable Waste referenced in paragraph 3 above,throughout the Renewal Period, Participating Community shall collect,transport,deliver, and deposit all the following waste (as indicated by checking "Yes" below)within its boundaries to/at the appropriate receiving facility of Wheelabrator in accordance with the Solid Waste Disposal Agreement, except for waste or recycling material that is transported outside of the state of Florida. Yard Waste ® Yes O Nbxxx Bulk Trash ® Yes ❑ Mx Construction and Demolition Debris O Yogx ® No 5. Pursuant to Article 8(B) of the Solid Waste Disposal Agreement, County must provide notice to Wheelabrator not less than eighteen (18)months prior to the expiration of the Renewal Period if it intends on exercising an additional renewal term, which would commence July 3,2028("Additional Renewal Period"). If Participating Community does not intend to extend the Interlocal Agreement for the Additional Renewal Period, it must give written notice to County at least twenty-one (21) months prior to the expiration of the Renewal Period. Unless such written notice is timely sent to County, Participating Community shall be deemed to have renewed this Interlocal Agreement through July 3, 2028, and Participating Community acknowledges that County will rely on Participating Community renewing the Interlocal Second Amendment to September 1, 2012, ILA for Disposal Services Page 2 of 5 TR 13689-Exhibit 2 Agreement in making its decision on whether to extend the Solid Waste Disposal Agreement for the Additional Renewal Period. 6. Participating Community hereby authorizes County to provide an executed copy hereof to Wheelabrator to evidence Participating Community's commitment for the entirety of the Renewal Period. 7. Participating Community understands that the services to which it is obligating itself by executing this Second Amendment, and that the terms and conditions under which those services will be provided, are those specified in the Solid Waste Disposal Agreement. 8. Preparation of the Second Amendment has been a joint effort of County and Participating Community, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 9. In the event of any conflict or ambiguity between this Second Amendment and the Interlocal Agreement, the Parties agree that this Second Amendment shall control regarding the matters set forth herein.The Interlocal Agreement, as amended by this Second Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Second Amendment that are not contained in the Interlocal Agreement as previously amended or as amended by this Second Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10. This Second Amendment shall become effective at such date as the Broward County Board of County Commissioners renews or extends the Solid Waste Disposal Agreement, the option for which may be exercised once County has received waste disposal commitments from municipalities whose residents and businesses collectively generate 500,000 tons of Contracted Processable Waste on an annual basis. County shall not be liable to Participating Community, or any third party, for the action, inaction, or breach of a contractual obligation by Wheelabrator, including but not limited to any refusal by Wheelabrator to renew or extend the Solid Waste Disposal Agreement. 11. This Second Amendment may be fully executed in multiple copies by the parties, which together shall have the force and effect of an original document. [Signatures Begin on the Next Page] Second Amendment to September 1, 2012, ILA for Disposal Services Page 3 of 5 IN WITNESS WHEREOF, the Parties hereto have made and executed this Second Amendment: Broward County, through its County Administrator, authorized to execute same by Board of County Commissioners action on the 24th day of August , 20 21 , and the City of Tamarac , signing by and through its Mayor and City Manager , duly authorized to execute same. COUNTY 4' _; �/ BROWARD COUNTY nd h izeits Board of C unt m io s By: i Y'd%'t1<r Print or type name Ri. Bertha enry i= Broward County Administrator WITNESS: a(May of OCAOlaCg. , 2021 —14ANCIAA TVQ,UkIAIW Approved as to form by `f"1�,�il,e ! r��16VON Andrew J. Meyers Print or type name Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue ��%I$Ii��i� Fort Lauderdale, Florida 33301 �� MIS �3�� / Telephone: (954) 357-7600 `* C.,Ol�-• •• •• 0/i,/ Telecopier: (954) 357-7641 ;:� %' ,`M= Matthew Digitally signed by /� Matthew Haber Z ; C.-- k o: N= Date:2021.10.27 _ _ ; OC•,+ l s it: By: Haber 13:45:36-04'00' O :� 1915 0•• Matthew Haber (Date) J .°2,_ �y ''.' Assistant County Attorney ,e .: •rid? COUN .`�. '/// •///��/`• ••••*`��\��\ - Michael J. Digita'elJ!Keedby ,+11,1,t Kerr Date:2021.10.2713:57:07 -04'00' By: Michael J. Kerr (Date) Deputy County Attorney Second Amendment to September 1, 2012, ILA for Disposal Services Page 4 of 5 TR 13689-Exhibit 2 SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL SUPPORT SERVICES BETWEEN BROWARD COUNTY AND PARTICIPATING COMMUNITY PARTICIPATING COMMUNITY PARTICIPATING COMMUNITY Li WITNESS: ety-:,.‘teee7-e By: U /1 Print or type name ,,P 1S('(day of OG , 20 a I WITNESS: a J�.,- By: n G� ��CtY1c c dO� rint or type name City Manager APPROVED AS TO FORM: ATTEST: I 1, City Attorney By: 241f r City C =rk City,Attorne � / FSTq 0 **"4-/Ski/963 • SFq v Irt, Second Amendment to September 1, 2012, ILA for Disposal Services Page 5 of 5