Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Solid Waste & Recycling
Information
Requested Action
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MOTION TO APPROVE Shell Amendment to the Interlocal Agreement for Solid Waste Disposal Support Services for municipalities joining after June 3, 2023, in substantially the form attached as Exhibit 1, for a term ending on June 2, 2028; authorize the County Administrator to make non-substantive changes, subject to review for legal sufficiency by the Office of the County Attorney, that do not impose additional costs or risk to the County; and authorize the County Administrator to execute same on behalf of Broward County.
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Why Action is Necessary
Board approval is needed to approve, renew, or amend interlocal agreements.
What Action Accomplishes
Approves the proposed Shell Amendment to the Interlocal Agreement for Solid Waste Disposal Support Services; provides for a Post-2023 Participant Disposal Services Fee; and authorizes the County Administrator to sign on behalf of Broward County.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/SOLID WASTE AND RECYCLING SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
In June 2012, the County entered into an agreement with Wheelabrator Environmental Services, Inc. (“Wheelabrator”) to provide for the disposal of solid waste generated in Broward County (“Solid Waste Disposal Agreement”). The Solid Waste Disposal Agreement requires Wheelabrator to accept waste from municipalities within Broward County that have entered interlocal agreements with the County (collectively, “Participating Communities”).
In August 2012, the County approved the Solid Waste Interlocal Agreement for Solid Waste Disposal Support Services (“Interlocal Agreement”) through which Participating Communities could receive services from Wheelabrator. The County subsequently approved and executed two amendments to the Interlocal Agreement. Each amendment renewed and extended the Interlocal Agreement for a five year period, most recently, commencing July 3, 2023, through July 2, 2028. To date, 20 municipalities have executed the Interlocal Agreement and its amendments to become Participating Communities.
After the last amendment to the Interlocal Agreement, the County received a request from the City of Hollywood, currently a non-participating municipality, for disposal services from Wheelabrator through the Interlocal Agreement. The addition of the City of Hollywood to the Interlocal Agreement, after the commencement of the current term, will result in additional expenses (including, without limitation, transportation costs) above and beyond the expenses currently paid by Participating Communities. To prevent these additional expenses from being borne by current Participating Communities, the City of Hollywood has agreed to pay such expenses (estimated at approximately $3.37 million per year) as a condition of joining the Interlocal Agreement. A Shell Amendment to the Interlocal Agreement (“Shell Amendment”) (Exhibit 1) has been proposed allowing a non-participating municipality to join the Interlocal Agreement after the commencement date of the most recent term, in exchange for a disposal fee that accounts for any additional costs incurred as a result of the municipality’s late entry into the Interlocal Agreement.
If approved, the Shell Amendment would allow municipalities, like the City of Hollywood, which are not yet party to the Interlocal Agreement (“Post-2023 Participant”) to receive disposal support services. Under the Shell Amendment, any Post-2023 Participant will be responsible for the payment of a Post-2023 Participant Disposal Services Fee for residential and commercial waste (referred to as “Contracted Processable Waste”) and other wastes including all additional transportation costs. The Post-2023 Participant Disposal Services Fee will result in higher fees than those paid by current Participating Communities.
If approved, this item also authorizes the County Administrator to: (i) make non-substantive changes to the Shell Amendment, subject to review for legal sufficiency by the Office of the County Attorney, and (ii) approve and execute the Shell Amendment as same may be modified on behalf of the County.
Source of Additional Information
Notosha Austin, Director, Solid Waste and Recycling Services (954) 474-1880
Trevor M.A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to the County.