HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-099Temp. Reso. # 13140
August 22, 2018
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018 q�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH
BROWARD COUNTY AND PARTICIPATING
COMMUNITIES PROVIDING FOR SOLID WASTE
DISPOSAL SUPPORT SERVICES NUNC PRO TUNC TO
JULY 3, 2018; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID FIRST 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, a copy of the notification from the Broward County
Administrator to Broward County Municipal Managers is attached hereto as "Exhibit 1
incorporated herein and made a specific part of this Resolution; and
Temp. Reso. # 13140
August 22, 2018
Page 2
WHEREAS, City Staff have reviewed the First Amendment to the ILA and
determined utilizing the pricing option "C" is in the best interest of the citizens, residents,
and businesses within the City; 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 First Amendment to the ILA with Broward County for Solid Waste
Disposal Services, nunc pro tunc, and authorize the appropriate City Officials to execute
said Amendment to the ILA, a copy of the First 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 First
Amendment to ILA with Broward County and Participating Communities for Solid Waste
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 attached hereto are incorporated herein and made a
Temp. Reso. # 13140
August 22, 2018
Page 3
specific part of this Resolution.
SECTION 2: The City Commission HEREBY approves the First
Amendment to the ILA with Broward County and Participating Communities for Solid
Waste Disposal Support Services, effective July 3, 2018, attached hereto as "Exhibit 2",
and the appropriate City Officials are HEREBY authorized to execute the First
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 Resolution.
1
"The remainder of this page is intentionally left blank"
SECTION 5
passage and adoption.
Temp. Reso. # 13140
August 22, 2018
Page 4
This Resolution shall become effective immediately upon its
r
PASSED, ADOPTED AND APPROVED this day of
ATTEST:
PATRICIA TEUFEL,
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
AM IEL S. GOREN
CITY ATTORNEY
2018.
Y DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
7-7
L
C
TR 13140
Exhibit 1
COUNTY
BERTHA W. HENRY, County Administrator
115 S. Andrews Avenue, Room 409 • Fort Lauderdale, Florida 33301 • 954-357-7362 • FAX 954-357-7360
March 22, 2018
To: Broward County Municipal Managers
RE: First Amendment to Interlocal Agreement for Solid Waste Disposal Support Services
Dear Municipal Managers:
On February 27, 2018, the Broward County Board of County Commissioners approved the attached
First Amendment to the Interlocal Agreement (ILA) for Solid Waste Disposal Support Services which
allows municipalities to formally renew the ILA should they select Wheelabrator as their service
provider for the renewal term starting in July 2018. The First Amendment allows each participating
municipality to utilize Wheelabrator 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
(contracted processable waste) and the other selected various waste streams mentioned above with
Wheelabrator for the entire first renewal term (July 3, 2018, through July 2, 2023).
If your municipality would like to participate, please print three one-sided copies of the attached
agreement, complete and execute Page 5 of each, and send three original copies, by June 1, 2018, to:
Broward County Solid Waste and Recycling Services
Attn: Jeff Turpin, Interim Director
1 N. University Drive, Suite 400, Plantation, FL 33324
If you have any questions, please contact Jeff Turpin at 954-474-1849.
For reference purposes, please find attached information relating to waste -to -energy revenue share for
the years 2015 - 2017 and unit pricing for yard waste, bulk trash, and construction and demolition
debris for the years 2016 - 2018.
Si rely,
fL
B rtha Henry
ounty Administrator
Attachments
cc: Thomas Hutka, Director, Public Works Department
Jeff Turpin, Interim Director, Solid Waste and Recycling Services
Richard Meyers, SWRS Program Manager
Broward County Board of County Commissioners
Mark D. Bogen • Beam Furr • Steve Geller • Dale V.C. Hotness • Chip LaMarca • Nan H. Rich • Tim Ryan • Barbara Sharief - Michael Udine
www.broward.org
TR 13140
Exhibit 1
Broward County, FL- Public Works
Solid Waste and Recycling Services
Information for Option B and Option C of the Solid Waste Disposal Services Agreement
Disposal Rates for Option B:
Waste Type
10/1/15 to 9/30/16
10/1/16 to 9/30/17
10/1/17 to 9/30/18
Residential Waste
$43.55
$43.99
$45.04
Commercial Waste
$43.55
$43.99
$45.04
Yard Waste
$27.68
$27.96
$28.63
Bulk Trash / Construction and Demolition
$33.84
$34.18
$34.99
Revenue Share for Pricing Option B
7/2014 to 6/2015
7/2015 to 6/2016
7/2016 to 6/2017
(a) Factor of 25%
25%
25%
25%
(b) Total megawatt hours sold by the Contractor
348,605.80 MwH
387,948.00 MwH
455,368.80 MwH
(c) Tons of Processed Waste delivered by
Participating Communities
604,580.17 tons
858,347.66 tons
635,735.95 tons
769,743.74 tons
680,312.96 tons
800,028.85 tons
Divided by total tons of all Processed Waste
delivered to the Disposal Facilities
(d) Actual annual average electricity revenue
dollar per megawatt hour sold
$ 29.46 Avg/MwH sold
$ 24.81 Avg/MwH sold
$ 27.25 Avg/MwH sold
Less: $25.00/MwH, adjusted annually
$ (25.38) /MwH
$ 4.08 Difference
$ 0.4141
$ (25.36) /MwH
$ (0.55) Difference
$
$ (25.58) /MwH
$ 1.67 Difference
$ 0.2372
Total Credit Per Ton (Contract Year)
Disposal Rates for Option C:
Waste Type
10/1/15 to 9/30/16
10/1/16 to 9/30/17
10/1/17 to 9/30/18
Residential Waste
$42.53
$42.96
$43.98
Commercial Waste
$42.53
$42.96
$43.98
Yard Waste
$27.68
$27.96
$28.63
Bulk Trash / Construction and Demolition
$33.84
$34.18
$34.99
Notes:
Source of estimated and actual revenue share prices and energy production data was provided by Wheelabrator.
Methodology for calculation of Revenue Share for pricing Option B can be found in Section 4.6.2 of the Wheelabrator Disposal Services Agreement.
TR 13140
Exhibit 1
Broward County Agreements
Summary of Wheelabrator Rates for Disposal and Optional Services
10/1/18to
10/1/17to
10/1/16to
10/1/15to
10/1/14to
10/1/13to
Waste Material / Program
9/30/19
9/30/18
9/30/17
9/30/16
9/30/15
9/30/14
Wheelabrator Facilities Rates
(Option 3/0
Residential Waste
$45.02/ton
$43.98/ton
$42.96/ton
$42.53/ton
$42.11/ton
$41.48/ton
Commercial Waste
$45.02/ton
$43.98/ton
$42.96/ton
$42.53/ton
$42.11/ton
$41.48/ton
Yard
$29.31/ton
$28.63/ton
$27.96/ton
$27.68/ton
$27.41/ton
$27.00/ton
Bulk (C&D)
$35.82/ton
$34.99/ton
$34.18/ton
$33.84/ton
$33.50/ton
$33.00/ton
Tires
$45.02/ton
$43.98/ton
$42.53/ton
$42.53/ton
$42.11/ton
$41.48/ton
Optional Services (Disposal
Agreements)
Centralized Billing
$0.164/ton
$0.160/ton
$0.156/ton
$0.154/ton
$0.152/ton
$0.150/ton
Flow Control Enforcement
$0.402/ton
$0.393/ton
$0.384/ton
$0.380/ton
$0.376/ton
$0.370/ton
Optional Services (Municipal ILAs)*
$2.12/capita
$2.06/capita
$2.06/capita
$2.06/capita
$2.06/capita
$2.06/capita
HHW
Bulk & Yard
$0.54/capita
$0.52/capita
$0.52/capita
$0.52/capita
$0.52/capita
$0.52/capita
KBB
$0.25/capita
$0.24/capita
$0.24/capita
$0.24/capita
$0.24/capita
$0.24/capita
* Population figures are from the Office of Economic and Demographic Research (EDR) generated on March 17, 2011
(http://edr.state.fl.us/content/population-demographics/data/index.cfm).
G:\ACCOUNTING\Agmt_contracts\CITIES Agreements & ILAs\
FYxx CPI Adj_ WTE, SunB & Optional Services DRAFT_MSTR Printed on 8/7/2018, 11:53 AM
TR 13140
Exhibit 2
First Amendment to September 1, 2012 Interlocal Agreement
This is a First Amendment (the "First Amendment") to the September 1, 2012
Interlocal Agreement for Solid Waste Disposal Support Services (the "Interlocal
Agreement") previously executed by and between Broward County, a political subdivision
of the state of Florida ("County") and City of Tamarac , a municipal corporation
("Participating Community") (collectively, the "Parties").
RECITALS
A. In June 2012, County entered into two agreements; one with Wheelabrator
Environmental Systems Inc. ("Wheelabrator") and the other with Sun -Bergeron
Solid Waste, J.V. ("Sun -Bergeron") (collectively, "Contractors") to provide for the
disposal of solid waste generated within Broward County (the "Solid Waste
Disposal Agreements"). Each of the Solid Waste Disposal Agreements requires
the Contractors to accept Participating Community's waste for a five-year term that
expires on July 2, 2018.
B. Following execution of the Solid Waste Disposal Agreements, County offered all
Broward municipalities the option of entering into the Interlocal Agreement to select
either or both of the Contractors to provide solid waste disposal services, with
pricing and waste disposal options listed in the Solid Waste Disposal Agreements.
C. Sixteen municipalities entered into the Interlocal Agreement with County to
become Participating Communities.
D. In May 2015, County and Wheelabrator entered into a Global Amendment ("Global
Amendment"), amending the Wheelabrator solid waste disposal agreement (as
amended, the "Wheelabrator Solid Waste Disposal Agreement").
E. The price options listed for the disposal of commercial and residential waste in the
Wheelabrator Solid Waste Disposal Agreement's Exhibit "A" are listed as Option
1, Option 2, and Option 3. Option 1 was identified as Option A in the Interlocal
Agreement, and only applies during the initial term of the Interlocal Agreement (the
same initial term as the Wheelabrator Solid Waste Disposal Agreement), which is
through July 2, 2018. Therefore, Option 1 (a.k.a. Option A) is not available as an
option for any renewal of the Wheelabrator Solid Waste Disposal Agreement after
July 2, 2018. For purposes of this First Amendment, and as identified below,
Option 2 is the same as Option B under the Wheelabrator Solid Waste Disposal
Agreement, and Option 3 is the same as Option C under the Wheelabrator Solid
Waste Disposal Agreement.
F. The Wheelabrator Solid Waste Disposal Agreement allows County to unilaterally
extend the term through July 2, 2023. County has exercised that option. The Sun -
Bergeron solid waste disposal agreement allows an extension of its term upon
mutual written consent of County and Sun -Bergeron. County and Sun -Bergeron
have not agreed upon terms for an extension, and the Sun -Bergeron solid waste
disposal agreement is therefore expected to expire on July 2, 2018. Although
Page 1 of 5
TR13140
Exhibit 2
Participating Community may not obtain future services from Sun -Bergeron
through this First Amendment, it acknowledges that it retains the option of seeking
to directly contract with Sun -Bergeron for those services.
G. The Interlocal Agreement's term runs concurrently with the Solid Waste Disposal
Agreements. The Interlocal Agreement does not state, however, how an
extension, if any, of the Solid Waste Disposal Agreements impacts the Interlocal
Agreement's term.
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.
2. The Interlocal Agreement is hereby renewed effective July 3, 2018 through July 2,
2023 (the "Initial Renewal Period").
3. During the full term of the Initial Renewal Period, Participating Community shall
collect, transport, deliver, and deposit all Residential Waste and Commercial Waste (as
defined in the Wheelabrator Solid Waste Disposal Agreement and otherwise known as
Contracted Processable Waste in the Global Amendment) within its boundaries at the
appropriate receiving facility of Wheelabrator in accordance with the Wheelabrator Solid
Waste Disposal Agreement on one of the following price terms, except for waste or
recycling material that is transported outside of the state of Florida:
❑ Price Option B
® Price Option C
4. In addition to the Residential Waste and Commercial Waste referenced in
paragraph 3 above, during the full term of the Initial Renewal Period, Participating
Community shall collect, transport, deliver, and deposit all of the following waste (as
indicated by checking "Yes" below) within its boundaries at the appropriate receiving
facility of Wheelabrator in accordance with the Wheelabrator Solid Waste Disposal
Agreement, except for waste or recycling material that is transported outside of the state
of Florida.
Yard Waste
® Yes
❑ No
Bulk Trash
® Yes
❑ No
Page 2 of 5
TR 13140
Exhibit 2
Construction and Demolition Debris
❑ Yes
® No
5. Participating Community hereby authorizes the County to provide an executed
copy hereof to Wheelabrator to evidence Participating Community's commitment during
the full term of the Initial Renewal Period.
6. Under the Global Amendment, the County has a further unilateral right to extend
the Wheelabrator Solid Waste Agreement through July 2, 2028 by initially notifying
Wheelabrator of its intent to do so by January 15, 2022. 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 (the "Second Renewal Term")) from governmental entities within the
County whose residents and businesses have annually generated at least 500,000 tons
of waste collectively. The Interlocal Agreement (as amended by this First Amendment)
expires on July 2, 2023, unless the Parties have entered into a timely amendment on or
before January 15, 2022, reflecting that the Participating Community wishes to extend its
commitment through the Second Renewal Term. At that time, Participating Community
may adjust or change any of the options selected in paragraph 4 above.
7. Participating Community understands that the services to which it is obligating
itself by executing this First Amendment, and the terms and conditions under which those
services will be provided, are those specified in the June 26, 2012 solid waste disposal
agreement between County and Wheelabrator as modified by the Global Amendment.
8. Exhibit C to the Interlocal Agreement is hereby removed in its entirety.
9. Preparation of the First Amendment has been a joint effort of County and
Participating Communities, 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.
10. Except to the extent modified herein, the Interlocal Agreement shall remain in full
force and effect. In the event of a conflict between the terms and conditions of this First
Amendment and the terms and conditions set forth in the Interlocal Agreement, the terms
and conditions of the First Amendment shall control.
11. This First Amendment shall be effective upon execution by the Parties, and may
be fully executed in multiple copies by the parties, which together shall have the force
and effect of an original document.
Page 3 of 5
TR 13140
Exhibit 1
IN WITNESS WHEREOF, the Parties have made and executed this First
Amendment to the Agreement: BROWARD COUNTY, through its County Administrator,
authorized to execute same by Board action on the _ day of , 2018, and each
Participating Community, signing by and through officers duly authorized to execute
same.
COUNTY
WITNESSES: BROWARD COUNTY, by and through
its County Administrator
Print Name: By
Bertha Henry, County Administrator
Print Name: day of , 20
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
Angela F. Benjamin (Date)
Senior Assistant County Attorney
X
Michael J. Kerr (Date)
Deputy County Attorney
Page 4 of 5
TR13140
Exhibit 1
FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL
SUPPORT SERVICEk-w4le-11,
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Page 5 of 5