Broward County Commission Regular Meeting


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AI-26786 39.       
Meeting Date: 05/08/2018  
Director's Name: Bertha Henry
Department: County Administration  

Information
Requested Action
MOTION TO APPROVE Second Amendment to Agreement for Solid Waste Disposal Services Between Broward County and Wheelabrator Environmental Services Inc. in substantially the form as attached, authorizing the County Attorney to make nonsubstantive modifications as deemed necessary to fully effectuate the stated intent of the parties, and authorizing the County Administrator to execute the Second Amendment.

(Withdrawn at the request of the City of Coconut Creek.)
Why Action is Necessary
Board approval is required to amend agreements.
What Action Accomplishes
Amends the above-referenced agreement.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
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.
Source of Additional Information
Keoki M. Baron, Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact to the County.
Attachments
Exhibit 1 - June 2012 Agreement Between Wheelabrator Environmental Services Inc. and the County for Solid Waste Disposal Services
Exhibit 2 - May 2015 Global Amendment to the June 2012 Agreement Between Wheelabrator Environmental Services Inc. and the County for Solid Waste Disposal Services
Exhibit 3 - Proposed Second Amendment to the 2012 Solid Waste Disposal Services Agreement


    

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