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Home My WebLink AboutCity of Tamarac Resolution R-2004-171Temp. Reso. #10490 Page 1 of 3 June 30, 2004 Rev. 1 — July 7, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SEVENTH, EIGHTH, AND NINTH AMENDMENTS TO THE INTERLOCAL AGREEMENT WITH BROWAR❑ COUNTY FOR ,SOLID WASTE DISPOSAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution R-87-99, adopted by the City of Tamarac on March 25, 1986, authorized the execution of an Interlocal Agreement (ILA) with Broward County and 24 other municipalities for Solid Waste Disposal Services; and WHEREAS, the ILA has been subsequently amended from time to time; and WHEREAS, the Resource Recovery Board (RRB) recently determined that funds set aside as "reserves" exceed what is necessary for the sound financial operation of the Broward Solid Waste Disposal District; and WHEREAS, the RRB recently decided that this excess should be distributed to the contract communities on the basis of each contract community's tonnage contribution of processable waste to the Resource Recovery System from the previous fiscal year; and WHEREAS, based on documentation from the RRB, distribution to the City of Tamarac is estimated to be $261,275 based on a fiscal year 2003 tonnage of 36,009; and WHEREAS, the RRB has determined that the authority and procedure for the appointment of temporary alternates to maintain a quorum for the completion of RRB business should be provided in the ILA; and WHEREAS, the RRB has also determined that it is in the best interest of the parties for the ILA to terminate as soon as legally feasible; and Temp. Reso. #10490 Page 2 of 3 June 30, 2004 Rev. 1 — July T, 2004 WHEREAS, it has been determined that this date is March 23, 2012; and WHEREAS, the Executive Director of the RRB has requested that ILA cities execute three Amendments to the ILA authorizing the appropriate officials to appoint temporary alternates for RRB business purposes, authorizing the distribution of reserve funds to contract cities, and authorizing a change in the expiration date of the ILA from July 2, 2013 to March 23, 2012; a copy of said Amendments attached hereto as Exhibits 1.2 and 3 respectively; and WHEREAS, the Director of Public Works recommends the execution of the Seventh, Eighth and Ninth Amendments to the Interlocal Agreement with Broward County for Solid Waste Disposal Services; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the Seventh, Eighth, and Ninth Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal Services. 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. SECTION 2: The appropriate City officials are hereby authorized to execute the Seventh, Eighth, and Ninth Amendments to the Interlocal Agreement with Broward County for Solid Waste Disposal Service, a copy of said Amendments attached hereto as Exhibits 1. 2. and 3 respectively, SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 u Temp. Reso. #10490 Page 3 of 3 June 30, 2004 Rev. 1 - July 7, 2004 SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. NQIION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 141' day of July, 2004. OE SCHREIBER MAYOR ATTEST: i, f10J. A MARION SWE SON, C C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4; COMM. ROBERTS 17/ B�`�-WARD COUNTY Public Works Department - OFFICE OF INTEGRATED WASTE MANAGEMENT 1 N. University Drive, Suite 400-B • Plantation, Florida 33324 • 954-765-4202 • FAX 954-577-2391 December 10, 2004 Marion Swenson, City Clerk " {M C ra Cityof Tamarac '' m r�., p 7525 N. W. 88 Avenue Tamarac, FL 33321 Re: Seventh (7th) Amendment to ILA for Solid Waste Disposal Services Dear Ms. Swenson: Enclosed is a fully executed Seventh (7th) Amendment to the Interlocal Agreement (ILA) between your City and Broward County for Solid Waste Disposal Services, as executed by the Broward County Commission at its meeting of December 7, 2004. This amendment provides for the appointment of temporary alternates to the Resource Recovery Board, and for the appointment of alternates for the municipal members of the Technical Advisory Committee (TAG) who may be unable to attend a particular scheduled meeting. Sincerely, Jeff Turpin Assistant to Director mg c: Amber D'Amato, TAC Representative Browar �Otk � + ounty Commissioners Josephus Eggelletlon, Jr. Ben Graber • Sue Gunzburger Knstip ',j,q �i wP,il fh Ij i 1 Y rflSh •John E. Rodstrom, Jr. Jim Scott •Diana Wasserman Rubin www rrd:org V, 00 0 gaper ."C.;,. SEVENTH AMENDMENT This is a Seventh Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal Service (AInterlocal Agreement@ or ILA@), which Interlocal Agreement is dated for convenience November 25, 1985, by and between Broward County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (ACOUNTY@) and the Municipalities who are parties to the Interlocal Agreement (ACONTRACT COMMUNITIES@). This Seventh Amendment is dated for convenience the day of � 200. WITNESSETH WHEREAS, the composition of the Resource Recovery Board (ARRB @), the governing body of the Broward County Solid Waste Disposal District, is set forth in Section 5.2 of the Interlocal Agreement without expressly providing for temporary alternates for either County or Municipal members of the RRB who may be unable to attend a particular scheduled RRB meeting; and WHEREAS, it is the desire of the parties to the Interlocal Agreement to amend the Interlocal Agreement to provide the express authority and general procedure for the appointment of temporary alternates to foster the consistent attainment of a quorum and the completion of the important business of the RRB; and WHEREAS, the composition of the Technical Advisory Committee, (ATAC@), serving in an advisory capacity to the RRB and the County, is set forth in Section 5,7 of the Interlocal Agreement without expressly providing for the appointment of alternates for the municipal members of TAC who may be unable to attend a particular schedules TAC meeting; and WHEREAS, it is the desire of the parties to the Interlocal Agreement to amend the Interlocal Agreement to provide the express authority and general procedure for the appointment of alternates for the municipal members of TAC to foster the consistent attainment of a quorum and the completion of the important business of TAC; NOW, THEREFORE, the parties to the Interlocal Agreement do hereby agree to amend the Interlocal Agreement as follows: Except as is provided in this Seventh Amendment, all defined terms used herein shall have the meanings as ascribed to them in the Interlocal Agreement, as previously amended. 2. Section 5.2 of the Interlocal Agreement, relating to the composition of the RRB, Shall be amended by the addition of the following new language at the end of the existing Section: As to those members of the RRB appointed by the COUNTY: Notwithstanding the foregoing provisions of this section, any member of the RRB who has been appointed by the Broward County Commission, as provided above, and who is unable to attend a scheduled RRB meeting may, upon the provision of at least 72 hours advance written notice of his or her unavailability to the County Mayor and the RRB Executive Director, seek the appointment by the County Mayor of a temporary alternate County Commissioner who is not then an appointed member of the RRB. The Mayor shall have the power to appoint such at the scheduled RRB meeting provided the appointment is made by the Mayor in writing, with a copy of the appointment provided to the RRB Executive Director, at least 24 hours prior to the RRB meeting. The attending alternate shall be fully authorized to act in the place of the unavailable RRB member except as to the assumption of the duties of the RRB Chair or Vice Chair if the unavailable RRB member holds either office. As to those members of the RRB appointed by the CONTRACT COMMUNITIES or by the President of the Broward League of Cities or its successor organization: Also notwithstanding the foregoing provisions of this section, any member of the RRB who has been appointed by a CONTRACT COMMUNITY or by the President of the Broward League of Cities or its successor organization (the ALeague of Cities@) from its member cities who are CONTRACT COMMUNITIES, as provided above, and who is unable to attend a scheduled RRB meeting may, upon the provision of at least 72 hours advance written notice of his or her unavailability to the President of the League of Cities and the RRB Executive Director, seek the appointment by the President of the League of Cities of a temporary alternate municipal elected official who is not then appointed based on population. Any requested temporary alternate shall be an elected official from any respective CONTRACT COMMUNITY of the unavailable RRB member. Regarding any of the RRB municipal members appointed by the League of Cities, any requested temporary alternate shall be an elected official from any CONTRACT COMMUNITY other than those represented by an existing RRB member who has not provided notice of his or her unavailability for the meeting for which a temporary alternate is sought. The President of the League of Cities shall have the power to appoint such temporary alternate to attend and to act in place of the unavailable municipal RRB member at the scheduled RRB meeting provided the appointment is made by the President of the League of Cities in writing, with a copy of the appointment provided to the RRB Executive Director, al least 24 hours prior to the RRB meeting. The attending substitute municipal official shall be counted toward the quorum of the RRB, meeting and shall be fully W authorized to act in place of the unavailable RRB member except as to the assumption of the duties of the RRB Chair or Vice Chair if the unavailable municipal RRB member holds either office. 3. Section 5.7(a) of the Interlocal Agreement, relating to the Technical Advisory Committee, shall be amended to provide as follows: The chief administrative officer of each CONTRACT COMMUNITY and COUNTY shall appoint a representative, who shall serve until replaced, from the public works, utilities or such other department which performs similar functions for the CONTRACT COMMUNITY and unincorporated County. In addition to the regular TAC representative, the chief administrative officer may also designate an alternate representative, who performs similar functions for the CONTRACT COMMUNITY, who shall also serve until replaced. Alternate representatives may attend and participate in the TAC meetings or TAC subcommittee meetings, but may only be counted toward a quorum and vote in the absence of the appointed representative. The Resource Recovery Board may appoint for two (2) year terms up to five (5) additional members representing waste generators, recycling or environmental interests and private waste collection companies. 4. Except as modified herein, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereto made and executed the Agreement on the respective dates under each signature: BROWARD COUNTY through its Board of County Commissioners, signing by and through its Mayor or Vice Mayor, authorized to execute the same by Board action on the -7L4- day of IQWc&,m1 ,2001� , and by the CONTRACT COMMUNITIES signing by and through officials duly authorized to execute the same. 3 ATTEST: //� - 'e�'e ounty Administrator and Ex-Officio CK818j'1 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS f A wt, ' � -, Executed this e`day of �� , 200. Clerk of the Board of County Commissioners of Broward County, Florida Approved as to form by Office of the County Attorney 115 S. Andrews Avenue Ft. Lauderdale, Florida 33301 By: 1\`41M 19 nt Name; County Attorney P, u� v:OpI.A5 i r y� %Ot�••• e�•� o� ti SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE ATTEST By: 0/ — Print Name: Marion Swenson, CMC Title: City Clerk Date: City of Tamarac By: ame: Joe Schreiber Title: Mayor Executed this /9 day of 2004. Print Na Jeffrey L. Miller Title: Citv Mana er Date:;�u_ _ i it _% � ( 2-60 B"RD NTY Public Works Department - OFFICE OF INTEGRATED WASTE MANAGEMENT 1 N. University Drive, Suite 400-B • Plantation, Florida 33324 • 954-765-4202 • FAX 954-577-2391 August 30, 2004 Marion Swenson, CMC City Clerk City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 Dear Ms. Swenson: n ZZ Enclosed is the Eighth (81h) Amendment to the Interlocal Agreement (ILA) with Broward County for Solid Waste Disposal Services authorizing the dividend payment to the ILA communities as determined by the Resource Recovery Board and executed by the Broward County Board of County Commissioners at its meeting of August loth, 2004. Sincerely, Mar Bet Busutil Director MBB: mg c: Amber D'Amato, Technical Advisory Board City Representative Brows q a ��,�'ounty CoMcn�ssloners Josephus Eggelletion, Jr. Ben Graber • Sue Gunzburger • Krlstirj[ ? Rene kl �tl • John L. Rodstrom, Jr. Jim Scott • Diana Wasserman -Rubin www I'sra r ci:org w .i f u r y 40 raper EIGHTH AMENDMENT This Eighth Amendment is dated for convenience as April 15, 2004 to the Interlocal Agreement with Broward County for Solid Waste Disposal Services ("Interlocal Agreement"), dated for convenience November 25, 1985, by and between Broward County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, ("COUNTY") and the Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES"). WITNESSETH WHEREAS, Broward County, Florida ("the County") operates a Solid Waste System in accordance with the provisions of the authorizing documents for the Broward County, Florida Solid Waste System Revenue Refunding Bonds, Series 2003A (the "Authorizing Resolution"); and WHEREAS, the County is in the process of amending the Authorizing Resolution in order to allow the distribution. of certain moneys for lawfully available purposes; and WHEREAS, the Resource Recovery Board of Broward County is the governing body of the Broward Solid Waste Disposal District, a dependent district of the County created by the Interlocal Agreement; and WHEREAS, the Resource Recovery Board, pursuant to Section 5.4 of the above Interlocal Agreement is charged in Section 5.4 and 5.5 of the above Interlocal Agreement with the direction and management of the solid waste and resource recovery system of the County and CONTRACT COMMUNITIES; and WHEREAS, the Resource Recovery Board has determined there shall be adequate funds for the above system to provide for construction, operation, maintenance and repair to said system, and all necessary reserves for same; and WHEREAS, it is anticipated that the Resource Recovery Board shall from time to time determine that there shall be distribution of moneys from the Solid Waste System to the Contract Communities and County; and WHEREAS, no distribution may be made without the County's consent; WHEREAS, in order to return the above monies of the Solid Waste System to the contract communities and the County, a mechanism is to be established which requires an amendment to the Interlocal Agreement; NOW, THEREFORE the parties do agree to amend the Interlocal Agreement as follows: 1. Except as may be provided in this Eighth Amendment, all defined terms used herein shall have the meanings ascribed to them in the Interlocal Agreement. 2. A new Section 6.7 shall be added to the Interlocal Agreement and shall read as follows: 6.7 Except as may otherwise be agreed by a separate amendment to the Interlocal Agreement, any moneys of the Broward Solid Waste Disposal District which are determined to be distributed to the Contract Communities and the County shall be distributed on the basis of each Contract Community's "tonnage" contribution of processable waste to the Resource Recovery System from the previous fiscal year. However, said moneys shall only be distributed with the consent of the Board of County Commissioners of Broward County. 3. Except as modified herein, the Interlocal Agreement shall remain in full force and .effect. IN WITNESS WHEREOF, the parties have hereto made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, SIGNING BY AND THROUGH ITS .Mayor or Vice Mayor, authorized to execute the same by Board action of the lbwday of 2004, and by the CONTRACT COMMUNITIES signing by and through official(s) duly authorized to execute the same. CK6I9MM BROWARD COUNTY, through its BOARD Clerk of the Board of County �s��irialher,,�i to Commissioners of Broward County, Florida Q►�°r� C0MA4/S'"-.� Approved form by r as to Office of the County Attorney U t 115 South Andrews Avenue O f t T v Fort Lauder al , Florida 33301 CO. ?. ;oar ��• �,4 r y. 'nt rrrarrr It r ��''�i. (P Name) «k..rrE�r►:' County Attorney EIGHTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE ATTEST: By: --' Print Name: Marion Swenson CMC Title: City Clerk Date: o b Approved ao form: Mitchell S. Kraft City Attorneys J x Date: [ ` Cj CONTRACT COMMUNITY City of Tamarac B -. Y� - Print me: Joe Schreiber Title: Mayor Executed this &_ day of2004. Ivy,: Print Nan e.. Jeffrey L. Miller Title: City Manager Date: JujlV / 9 ?c�u NINTH AMENDMENT This Ninth Amendment is dated for convenience as May 27, 2004 to the Interlocal Agreement with Broward County for Solid Waste Disposal Services ("Interlocal Agreement"), dated for convenience November 25, 1985, by and between Broward County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, ("COUNTY") and the Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES"). MV21 WHEREAS, the Interlocal Agreement between the County and the Contract Communities provided in section 16.1 for its term to be "twenty (20) years from the date the initial northern or southern resource recovery facility or contingency landfill becomes operational..." (said date being March 22, 1992) or the maturity of indebtedness secured by the Resource Recovery system and, WHEREAS, the term of the Interlocal Agreement between the County and the Contract Communities was extended in its Third Amendment to the date of July 2, 2013, to provide for the final maturity of revenue bonds issued in 1993 secured by the resource recovery system and, WHEREAS, in 2001 the above 1993 Revenue Bonds were refunded and defeased, and WHEREAS, all County indebtedness secured by the resource recovery system shall mature not later than December 1, 2011 and, WHEREAS, the Resource Recovery Board as governing body of the Broward County Solid Waste District believes that the Interlocal Agreement between Broward County and the Contract Communities should terminate as expedously as legally feasible and, WHEREAS, the Interlocal Agreement provides for a method of amendment in 12.6 of the agreement, but that said method specifically excludes reduction in the term of the agreement. Now therefore in consideration of the mutual terms, conditions, provisions, covenants and payments hereinafter set forth, the parties agree as follows: (1). Article 16, section 16.1 of the Interlocal Agreement between Broward County and the Contract Communities shall be amended to read as follows: This agreement shall be effective for each Contract Community and unincorporated County from the date of execution until March 23, 2012. (2). This amendment shall become effective only upon approval of Broward County and each Contract Community which is a party to the Interlocal Agreement. IN WITNESS WHEREOF, the parties have hereto made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, SIGNING BY AND THROUGH ITS Mayor or Vice Mayor, authorized to execute the same by Board action of the day of 2004, and by the CONTRACT COMMUNITIES signing by and through officials) duly authorized to execute the same. COUNTY ATTEST: BRUWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Mayor County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Approved as to form by Office of the County Attorney 115 South Andrews Avenue Fort Lauderdale, Florida 33301 By: (Print Name) County Attorney day of , 2004. NINTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE ATTEST: sy: ,L Print Name: n Swenson, CMC Title: ,_ C1tvfAerk Date: Approved as to form: Mitchell City Att Date: e; CONTRACT COMMUNITY City of Tamarac By. Print,N4me: Joe Schreiber Title: Mayor Executed this day of -:Tf IV ,2004. 4 % By: Print Na�-JgffreyL Title: City Manager Date: ?C `