In June 2012, the County entered into a solid waste disposal services agreement with Wheelabrator Environmental Services Inc. ("Wheelabrator") to provide for the disposal of solid waste generated in Broward County (the "Agreement") (Exhibit 1). The Agreement requires Wheelabrator to accept waste from each Participating Community (municipalities in Broward County that have entered into interlocal agreements with the County). In May 2015, Wheelabrator and the County amended the Agreement in a "Global Amendment" (Exhibit 2). (Collectively, the Agreement and the Global Amendment are referred to herein as the "Current Disposal Agreement.")
The Current Disposal Agreement requires Wheelabrator to accept all waste sent by Participating Communities, including yard waste, bulk waste, and construction and demolition debris, at one of two disposal facilities: (1) the North Disposal Facility located at 2600 Wiles Road, Pompano Beach, Florida, or (2) the South Disposal Facility located at 4400 South State Road 7, Davie, Florida. With limited exceptions not applicable here, the Current Disposal Agreement prohibits Wheelabrator from disposing of a Participating Community's waste at a different disposal facility without approval of the County in its sole and absolute discretion.
The County would like to increase recycling of waste to the extent possible. Wheelabrator would like to direct Participating Communities to deliver their yard waste, bulk waste, and construction and demolition debris to an alternative facility (facilities other than the North or South Disposal Facilities) so that such waste can be recycled. County staff believes such arrangement would increase recycling Countywide.
This proposed amendment allows Wheelabrator to direct the Participating Communities to deliver their yard waste, bulk waste, and construction and demolition debris to an alternative facility provided that such materials must be recycled to the extent possible and that the alternative facility is approved in advance, in writing, by the County Administrator. The amendment requires Wheelabrator to cover any increased cost of the Participating Communities delivering the waste to an alternative facility. The amendment contains a provision allowing for termination by the County (only of the amendment; not termination of the underlying Current Disposal Agreement) within six months of its execution (which protects the County if the amendment creates unforeseen operational problems).
This agenda item seeks approval of the amendment in substantially the form attached (Exhibit 3), authorizes the County Attorney to make any necessary nonsubstantive modifications, and authorizes the County Administrator to execute the amendment.
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