HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-077 Temp. Reso. #13315
August 7, 2019
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019 77
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
APPROVING A MEMORANDUM OF UNDERSTANDING
("MOU") REGARDING COLLABORATIVE STUDY AND
SUBSEQUENT DEVELOPMENT OF AN INTEGRATED
SOLID WASTE AND RECYCLING SYSTEM; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
MOU AND TO TAKE THE APPROPRIATE STEPS TO
EFFECTUATE THE MOU; 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 material recovery; and
WHEREAS, the City of Tamarac understands the urgent need for regional
management of solid waste disposal and recyclables processing; and
WHEREAS, as part of the resolution of the Settlement Agreement of the Resource
Recovery System (RRS) assets and liabilities lawsuit (City of Sunrise, et al. v. Broward
County, 17th Judicial Circuit Court Case No. CACE-013-015660) between Broward
County, the City of Tamarac and other municipalities; these communities have been
working toward a collaborative, integrated solid waste and recycling system since 2016;
and
WHEREAS, the Arcadis Team was hired as a consultant to assist in these efforts,
delivering its final report and recommendations in December 2018, a copy of said report
is incorporated herein by reference and is on file at the Office of the City Clerk; and
WHEREAS, one of the Arcadis Team's recommendations was the creation of a
regional solid waste district for Broward County; and
Temp. Reso. #13315
August 7, 2019
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WHEREAS, on June 11, 2019, the Broward County Commission approved the
attached Memorandum of Understanding (MOU) which is intended to identify the local
governments that wish to participate in the establishment and implementation of a
regional solid waste management system that is based upon a long-term, comprehensive
plan to provide for efficient, effective, and environmentally sensitive means by which to
dispose of solid waste, yard waste, bulk waste, construction and demolition debris,
household hazardous waste, and recyclable materials; (b) establish a mechanism and
process to analyze and evaluate the Arcadis Recommendations; and (c) provide a
schedule that the participating local governments agree to follow in order to initiate the
establishment of a regional solid waste management system, a copy of the Broward
County MOU is hereto attached as "Exhibit 1"; and
WHEREAS, the Director of Public Services, the Director of Financial Services, and
the Purchasing and Contracts Manager recommend the approval of an MOU Regarding
Collaborative Study and Subsequent Development of an Integrated Solid Waste and
Recycling System, a copy of the proposed MOU is hereto attached as "Exhibit 1"; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to approve said MOU, and to
further authorize the appropriate City Officials to execute said MOU and to take the
appropriate steps to effectuate said MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA,
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
specific part hereof.
Temp. Reso. #13315
August 7, 2019
Page 3 of 4
SECTION 2: The City Commission HEREBY approves the MOU Regarding
Collaborative Study and Subsequent Development of an Integrated Solid Waste and
Recycling System, a copy of the MOU is hereto attached as "Exhibit 1" and incorporated
herein and made a specific part of this Resolution.
SECTION 3: The appropriate City Officials are HEREBY authorized to
execute said MOU; and further authorized to take the necessary steps to effectuate said
MOU.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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.
Temp Reso. #13315
August 7, 2019
Page 4 of 4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 01 day of , 2019.
/6/4e16. /(id
MICHELLE J. GOMEZ, AYOR
ATTEST:
ATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO .
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL - GOREN
CITY ATTORNEY:
r
TR 13315-EXHIBIT 1
MEMORANDUM OF UNDERSTANDING
REGARDING COLLABORATIVE STUDY AND SUBSEQUENT DEVELOPMENT OF
AN INTEGRATED SOLID WASTE AND RECYCLING SYSTEM
This Memorandum of Understanding Regarding Collaborative Study and Subsequent
Development of an Integrated Solid Waste and Recycling System ("MOU"), by and among
Broward County, Florida (the"County"), a political subdivision of the State of Florida,and those
municipalities located within the County that approve and execute this MOU (individually,
each is a "Participating Municipality"; collectively, the "Participating Municipalities"), is made
and entered into as of the Effective Date (as defined below).
Recitals
A. The County and the Participating Municipalities recognize that there are
significant short- and long-term benefits of regional management of solid waste disposal and
recyclables processing, and are therefore committed to working toward establishing an
integrated and comprehensive regional solid waste management system.
B. The County, working with numerous County municipalities, previously procured
a study("Study")for an evaluation and recommendations regarding(i) how to reach a seventy-
five percent (75%) countywide recycling goal, (ii) the impact continued public ownership of a
parcel of land known as Alpha 250 would have on said recycling goal and countywide solid
waste disposal, and (iii) other general solid waste issues identified through the Study.
C. In June 2017, the County, in collaboration with numerous County '
municipalities, retained Arcadis, U.S., Inc., Kessler Consulting, Inc., Total Municipal Solutions,
L.L.C., and GMAC Consulting, L.L.C. (collectively, the "Arcadis Team") to conduct the Study,
which the Arcadis Team commenced in October 2017.
D. In December 2018, the Arcadis Team concluded the Study and issued its Solid
Waste and Recycling Issues Study Final Report (the "Final Report"). The Final Report
summarizes the Arcadis Team's findings and recommendations, which include the following:
(i) an evaluation of three different scenarios through which the seventy-five percent (75%)
countywide recycling goal could be achieved or approached by 2025; (ii) a recommendation
that Alpha 250 remain publicly owned given its viability as a location for the development of
certain solid waste processing facilities described in the Final Report; (iii) a recommendation
that an independent special district be created as the governance structure for any established
regional solid waste management system; and (iv) a recommendation that the solid waste
processing facilities developed as part of the regional solid waste management system be
based on a public/private partnership ownership option (collectively, the "Arcadis
Recommendations").
E. With the benefit of the Arcadis Team's Final Report and the Arcadis
Recommendations, the County and the Participating Municipalities now desire to formalize
TR 13315-EXHIBIT 1
their shared and ongoing commitment to work cooperatively in establishing and implementing
a regional solid waste management system that addresses the short- and long-term
opportunities and challenges associated with providing solid waste disposal and recyclables
processing services to their respective constituents.
F. Accordingly,the County and the Participating Municipalities desire to enter into
this MOU under the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Intent. This MOU is intended to: (a) identify the local governments that wish to
participate in the establishment and implementation of a regional solid waste management
system that is based upon a long-term, comprehensive plan to provide for efficient, effective,
and environmentally sensitive means by which to dispose of solid waste, yard waste, bulk
waste, construction and demolition debris, household hazardous waste, and recyclable
materials; (b) establish a mechanism and process to analyze and evaluate the Arcadis
Recommendations; and (c) provide a schedule,as defined below,that these local governments
agree to follow in order to initiate the establishment of a regional solid waste management
system.
3. Representation. The County and the Participating Municipalities each agree that the
County and each Participating Municipality shall have representation under this MOU and
under any governing body established to govern any integrated solid waste and recycling
system resulting from this MOU. The County and the Participating Municipalities shall
establish rules governing their activities related to any governing body established hereunder.
4. Agreement to Collaborate and Work Together. The County and the Participating
Municipalities each agree to work cooperatively, diligently, and in good faith with one another
to develop countywide strategies and solutions to address short- and long-term opportunities
and challenges associated with providing cost-effective solid waste and recyclables processing
and disposal services to their respective constituents.
5. Schedule. The County and the Participating Municipalities shall use all diligent efforts
to jointly achieve the milestones listed in Exhibit A (Milestone Schedule), attached hereto and
incorporated herein, within the time periods specified.
6. Working Group. The County and the Participating Municipalities shall designate a
working group ("Working Group"). The purpose of the Working Group is to establish policy
and provide direction to the Technical Group and any consultants retained by Working Group.
The Working Group shall consist of no fewer than five members and no more than nine
TR 13315-EXHIBIT 1
members. One member shall be a member of the Board of County Commissioners, and the
remaining members shall each be a member of the governing body of a Participating
Municipality. The Participating Municipalities will determine the number of, and the process
for, selection of the municipal representatives on the Working Group. The County or any
Participating Municipality shall be represented by no more than one member of their
respective body. All Working Group meetings shall be open to all Participating Municipalities
not represented in the Working Group. The Working Group will be staffed jointly by the
Broward League of Cities and the County.
7. Technical Group. The County and the Participating Municipalities shall establish a
technical group ("Technical Group"). The purpose of the Technical Group is to address the
operational aspect of integrated solid waste and recycling systems, recommend to the
Working Group the retention of any needed consultants, and report findings and
recommendations to the Working Group. Any Participating Municipality may, at its discretion,
have one representative serve as a member of the Technical Group. The County may have two
representatives serve as members of the Technical Group.
8. Continued Study. Recognizing the benefit of the Study conducted by the Arcadis Team
and the need for continued study and independent analysis, the County and the Participating
Municipalities agree to jointly undertake the continued study and analysis of additional critical
solid waste issues identified by mutual agreement, which may relate to recycling programs,
identification and location of necessary assets, and options for flow control. A detailed and
comprehensive scope of such continued study and analysis will be developed by the Working
Group, and the Working Group shall retain and interact with any appropriate consultant
and/or attorneys during the course of the continued study to ensure that balance and
independence are maintained throughout. The County and the Participating Municipalities
further agree that the respective financial contributions necessary for the continued study and
analysis described herein will be mutually agreed upon.
9. Solid Waste Pledge. Provided acceptable terms can be developed and lawfully
implemented, the County and the Participating Municipalities are prepared, subject to future
approval of binding agreements or enactment of law, to pledge their solid waste flow for as
many years as necessary(perhaps as many as thirty (30)years) in order to finance the property
and construction that will be needed to create and develop the regional solid waste
management system that the County and the Participating Municipalities seek to establish
pursuant to this MOU. Nothing in this MOU commits any party to supporting any potential
legislation, including legislation that would establish a special district.
10. Shared Principles and Commitments. The County and the Participating Municipalities
agree that the effectiveness and longevity of a regional solid waste management system
depend on certain principles and commitments, including but not limited to the following:
i. County-wide solid waste disposal and recycling efforts are best accomplished as
collaborative ventures among the County and the Participating Municipalities, as
TR 13315-EXHIBIT 1
collaboration would enable the development of a regional solid waste management
system that would serve the needs of all residents for many decades and that is
capable of taking advantage of purchasing economies and other economies of
scale.
ii. In developing a regional solid waste management system, the County and the
Participating Municipalities are committed to considering all of the Arcadis
Recommendations as well as the preferences of the County and the Participating
Municipalities and the results of the continued study and analysis described in
Section 8 above.
iii. The County and the Participating Municipalities are committed to exploring all
possible governance structures for a regional solid waste management system. In
addition to the independent special district recommended by the Arcadis Team in
its Arcadis Recommendations, the County and the Participating Municipalities may
also consider other possible governance structures for a regional solid waste
management system that may be proposed by the County or any Participating
Municipality, including one to which the parties could agree pursuant to an
interlocal agreement. That said, the County and the Participating Municipalities
prefer a governance structure that, if possible, maintains local control and flexibility
while still affording the opportunity to effectively establish assessments or other
mechanisms to, if desired, permit economic flow control.
iv. The County and the Participating Municipalities are committed to discussing
organizational structures for a regional solid waste management system that may
consist of common ownership and/or common control of the system's acquired and
constructed public assets, as well as common responsibility for the system's
liabilities, such as landfill closure and long-term maintenance costs. The County
and the Participating Municipalities are also committed to developing a mutually
agreed-upon arrangement regarding control over the operations of the system.
v. The County and the Participating Municipalities are committed to exercising
common control over the setting of tipping and other fees, with such fees being set
in an amount that is adequate to recover all costs, including reasonable personnel
costs. While full cost recovery is required, the County and the Participating
Municipalities agree that continuous effort should be expended to ensure that fees
are kept at the lowest practicable level while still providing a comprehensive range
of solid waste disposal and recyclables processing offerings.
vi. There is a critical need to develop robust recycling programs even when the status
of the recycling market imposes additional short-term costs, and the full value of
such programs involves far more than a comparison of the cost thereof to the cost
of common disposal of recyclables. Instead, all externalities must be considered in
determining whether a given recycling program is feasible, including careful
TR 13315-EXHIBIT 1
consideration of the long-term impacts that a failure to adequately recycle will
cause.
vii. All available options regarding programs and required assets should be identified
and analyzed, including potentially contracting with private entities under terms
that would protect the long-term interests of the County and the Participating
Municipalities. Alpha 250 and the Broward County Landfill should be analyzed to
determine what role these properties will play in the regional solid waste
management system, with due consideration paid to the County's statutory
obligations that would continue beyond any expiration of the collaborative
arrangement established by the parties. Further,the County's and the Participating
Municipalities' respective interests in various public assets that may become part
of the regional solid waste management system shall be taken into account in
determining the County's and each of the Participating Municipalities' respective
financial contributions for establishing and supporting the operations of the
regional solid waste management system. Nothing in this MOU, however,obligates
or commits the County or the Participating Municipalities with respect to Alpha
250, the Broward County Landfill, or any other public asset that may become part
of the regional solid waste management system; any such obligation or
commitment may only be effectuated pursuant to a subsequent written
agreement.
11. Approval Process. Once approved by the County Commission, this MOU is to be
presented for approval at public Commission/Council meetings at each of the municipalities
located within the County. Each such municipality will then have until September 30, 2019 to
approve and execute this MOU and thereby join as a Participating Municipality hereunder.
12. Effective Date. The "Effective Date" of this MOU shall be October 1, 2019; provided,
however, to become effective, municipalities collectively representing no less than fifty
percent (50%) of the County's total population must timely approve and execute this MOU by
such date. Provided this MOU becomes effective consistent with the preceding sentence, any
municipality not timely approving and executing this MOU may become a Participating
Municipality by thereafter approving and executing this MOU, provided a majority of
Participating Municipalities approve the addition of the municipality. A Participating
Municipality or the County may withdraw from this MOU at any time by serving writing notice
upon the other parties. Upon withdrawal, the municipality or the County shall have no further
obligations, financial or otherwise, but shall not be entitled to the refund of any contributions
previously made and will no longer be entitled to participate or have any voting rights
previously established.
13. Entire Agreement. This MOU constitutes the entire agreement between the County
and the Participating Municipalities relating to the transactions contemplated herein and
supersedes and cancels any other agreement, representation,or communication,whether oral
or written, between the County and the Participating Municipalities relating to the specific
TR 13315-EXHIBIT 1
subject matter addressed in the MOU.
14. Headings. The section and subsection headings in this MOU are inserted for
convenience only and shall not affect in any way the meaning or interpretations of this MOU.
15. Counterparts and Multiple Originals. This MOU may be executed in multiple originals,
and may be executed in counterparts, each of which shall be deemed to be an original, but all
of which, taken together, shall constitute one and the same instrument.
16. Joint Preparation. The preparation of this MOU has been a joint effort of the parties
hereto and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against any party hereto.
(Remainder of Page Intentionally Left Blank)
TR 13315-EXHIBIT 1
IN WITNESS WHEREOF, the parties hereto have made and executed this Memorandum of
Understanding Regarding Collaborative Study and Subsequent Development of an Integrated
Solid Waste and Recycling System on the respective dates under each signature: Broward
County, signing by and through its Mayor or Vice-Mayor, duly authorized to execute same by
Board action on the 11th day of June, 2019, and the Participating Municipalities, signing by and
through their respective Mayors or other representatives duly authorized to execute same.
BROWARD COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners day of , 2019
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
By
Keoki M. Baron (Date)
Assistant County Attorney
TR 13315-EXHIBIT 1
MEMORANDUM OF UNDERSTANDING
REGARDING COLLABORATIVE STUDY AND SUBSEQUENT DEVELOPMENT OF
AN INTEGRATED SOLID WASTE AND RECYCLING SYSTEM
CITY OF TAMARAC
ATTEST: ` OF 1-(-2"4" c�
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May r
, City Clerk (61141:2019day of
Approved as to form and legality:
By:
IxTCity Attorney City Manager
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TR 13315-EXHIBIT 1
Exhibit A
Milestone Schedule
Milestone Description Milestone Dates
County Approval of the MOU June 11, 2019
Participating Municipality Approval of the MOU September 30, 2019
Designation of Working Group November 15, 2019
Designation of Technical Group December 15, 2019
Retention of consultants and/or any required legal counsel December 15, 2019
Determination as to form of governance for April 20, 2020
the regional solid waste management system
(e.g., interlocal agreement, special district*)
*Finalization of the necessary creation documents September 30, 2020
(which would permit timely submission to the
Florida Legislature if an independent special district
is to be pursued)