HomeMy WebLinkAboutR-2026-063 Solid Waste Authority First Facilties Amendment to Interlocal Agreement (SWA)
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 1 of 25
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
This First Amendment (“Facilities Amendment”) to the Interlocal Agreement for Solid Waste
Disposal and Recyclable Materials Processing Authority of Broward County, Florida (“ILA”) is entered into
by and among Broward County, a political subdivision of the State of Florida (“County”), and the
municipalities in Broward County that formally approve this Amendment pursuant to the ILA’s terms and
return an executed signature page (each, individually, a “Municipal Party” and collectively, the “Municipal
Parties”) (collectively, the “Parties” and each individually a “Party”).
RECITALS
A. The Parties entered into the Interlocal Agreement for Solid Waste Disposal and Recyclable
Materials Processing Authority of Broward County, Florida (“ILA”) to form an independent special district
known as the Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County,
Florida (“Authority”), which is charged with coordinating regional solid waste disposal and recycling
programs pursuant to Sections 163.01, 403.706(11), (12), (15), and (19), and 403.713, Florida Statutes.
B. The ILA became effective on August 16, 2023 (“ILA Effective Date”). It requires the
adoption of a Facilities Amendment within thirty-six (36) months of the ILA Effective Date as part of the
Formation Conditions. This Facilities Amendment, as defined in Section 3.3 of the ILA, is adopted pursuant
to that requirement.
C. Section 3.3 of the ILA provides that, to be effective, the Facilities Amendment must be
approved by the Broward County Board of County Commissioners and by the governing bodies of
municipalities representing at least eighty percent (80%) of the total population of the Municipal Parties
to the ILA.
D. As further described in Section 3.3 of the ILA, the purpose of the Facilities Amendment is
to: (i) provide long-term contingency plans for waste disposal; (ii) address the use and disposition of
Authority facilities and assets in the event of a Wind Down; and (iii) ensure the orderly and efficient
allocation of services during that process. The Facilities Amendment reflects lessons from the prior
regional solid waste system established in 1986 (the Broward Solid Waste Disposal District governed by
the Resource Recovery Board), which dissolved in 2013 and gave rise to asset disputes and litigation that
was eventually resolved by settlement in 2015. Through the Facilities Amendment, the Parties seek to
avoid similar conflicts by clearly defining procedures for the use and disposition of Authority assets.
E. Consistent with the purposes listed above, this Facilities Amendment is designed to protect
public funds and preserve investments in public infrastructure. The Facilities Amendment defines the
facilities the Authority may own and operate, establishes standards for open and accountable operation
of the System, and includes safeguards intended to keep the Parties’ costs fair, predictable, and aligned
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with the public interest. The Facilities Amendment also establishes a transparent, orderly Wind Down
procedure in which the Authority’s assets and liabilities are distributed to continue benefiting the public.
F. This Facilities Amendment does not alter, increase, or reduce the powers of the Authority
and, once effective, the ILA, as amended by this Facilities Amendment, may only be modified in
compliance with Article 16 of the ILA.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized
terms not expressly defined within this Facilities Amendment shall retain the meaning ascribed to such
terms in the ILA.
2. Article 2, entitled “DEFINITIONS” of the ILA, is hereby amended to add the following new defined
terms:
2.0.1 Authority Fund(s) means all monies and financial instruments held by or for the benefit of
the Authority, including, without limitation, funds derived from revenues, fees, charges, debt
proceeds, investment earnings, and sale proceeds. Authority Funds do not include Authority-
Owned Assets.
2.0.2 Authority-Owned Asset(s) means property owned by the Authority, including, without
limitation, real property or tangible property, whether used or unused, and any reserve funds
dedicated to such property. This term includes Authority-Owned Facilities but does not include
Authority Funds.
2.0.3 Authority-Owned Facility(ies) means any System Facility owned by the Authority and
operated as part of the System in relation to the management, collection, disposal, processing,
recycling, storage, or transfer of System Waste.
2.0.4 System Facility means any site, facility, or equipment, whether or not owned by the
Authority, that is operated for the management, collection, disposal, processing, recycling,
storage, or transfer of System Waste. This term includes, without limitation, any permanent drop-
off center, recycling facility, transfer station, or solid waste disposal facility that receives System
Waste. This term does not include real property not directly used for solid waste management,
recycling, or resource recovery purposes
3. The Parties agree that this document constitutes the Facilities Amendment as described in Section
3.3 of the ILA and includes the required provisions as stated therein, and therefore the requirements
contained Section 3.3 of the ILA are no longer operative.
4. Section 8.1.8 of the ILA is hereby amended as follows (with such deletions set as strikethroughs
and such additions set as underlines):
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8.1.8. To the extent permissible under applicable law and provided it does not interfere with
County’s ability to fulfill its statutory obligations, including under Section 403.706(1), Florida
Statutes, the Authority will have the power to provide disposal for Authority Solid Waste
generated in the Parties’ jurisdictions. The Authority is not granted the power to own or operate
a “solid waste disposal facility,” as that term is defined in Section 403.703, Florida Statutes (2022),
or sell or otherwise transfer an interest in such a facility, unless an amendment to this Agreement,
granting such power to the Authority and setting forth the limits and extent of such power, is
approved by the elected bodies of: (a) Municipal Parties representing at least two-thirds (2/3)
eighty percent (80%) of the total population of the Municipal Parties, and (b) County.
5. A new Article 20 entitled “AUTHORITY-OWNED FACILITIES: APPROVAL, LIMITATIONS ON
OWNERSHIP AND POST-WIND DOWN CONSIDERATIONS” is hereby added to read as follows:
ARTICLE 20. AUTHORITY-OWNED FACILITIES: APPROVAL, LIMITATIONS ON OWNERSHIP AND
POST-WIND DOWN CONSIDERATIONS
20.1 Purpose. The Parties wish to provide a framework for the responsible stewardship of
public infrastructure and to prioritize publicly owned transfer stations as critical assets that
support the System’s flexibility, address regional needs, and reduce costs for the public. The
Parties also seek to establish a structured pathway to enable the potential expansion to more
state-of-the-art public facilities in the future, if required and approved by the Parties pursuant to
the terms of the ILA.
20.2 Approved types of Authority-Owned Facilities. Notwithstanding anything to the contrary
in the ILA, the Authority has the power to own or operate the following without following the
procedure set forth in Section 8.1.8 of the ILA:
20.2.1 “Transfer Stations,” as defined in Section 403.703, Florida Statutes (2022);
20.2.2 “Permanent Drop-Off Centers,” meaning any permanent collection site or facility
primarily used for the lawful acceptance of System Waste from the public, that is not a
“solid waste disposal facility” as defined in Section 403.703, Florida Statutes (2022); and
20.2.3 “Recycling Facilities,” meaning any site, facility, or equipment primarily used for
recycling or recovering materials, including, without limitation, the collection,
transportation, separation, processing, or reuse of solid waste (or materials that would
otherwise become solid waste) in the form of raw materials or intermediate or final
products. This term is to be construed liberally to include, without limitation, any
recovered materials processing facilities, material recovery facilities, yard waste or
organics processing facilities, construction and demolition debris recovery facilities,
pulverizers, compactors, shredding and baling plants, composting facilities, other volume
reduction plants, biochar pyrolysis plants, organic anaerobic digesters, and other thermal,
mechanical, or biological conversion facilities. This term does not include any landfill,
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waste-to-energy facility, or other “solid waste disposal facility,” as defined in Section
403.703, Florida Statutes (2022).
Any Authority ownership or operation of any other type of “solid waste management facility,” as
defined in Section 403.703, Florida Statutes (2022), outside the scope of this Article 20, and not
approved through an amendment adopted pursuant to Section 8.1.8 of the ILA, constitutes a
material breach subject to the provisions of Articles 15 and 17 of the ILA, including injunctive relief
where appropriate.
20.3 Amendment related to other types of solid waste disposal facilities; requirements. If, in
the future, the Authority is granted the power to own or operate a “solid waste disposal facility”
pursuant to Section 8.1.8 of the ILA, the amendment granting that power must, in addition to the
requirements of that Section 8.1.8, also establish the rules, procedures, and funding mechanisms
for allocating amongst County, the Municipal Parties and any other municipalities the costs of any
capital expansion of a County-owned facility that may be required for County to meet its statutory
obligations in the event of a Wind Down if caused by the individual or collective action of the
Municipal Parties. The allocation of costs may include County paying all costs, the Municipal
Parties paying all costs, or a shared arrangement.
20.4 Other publicly owned System Facilities.
20.4.1 Nothing in this Facilities Amendment prohibits any individual Party from owning
or operating any “solid waste management facility,” as defined in Section 403.703, Florida
Statutes (2022), any Permanent Drop-Off Center, or any Recycling Facility.
20.4.2 The Authority may contract with any Party to receive services from, or obtain
access to, any System Facility owned or operated by that Party. In return, the Authority
may agree to a long-term commitment of System Waste to such System Facility or to any
other terms mutually agreed upon by the parties. These agreements may include
arrangements under which a Party constructs or acquires a System Facility for the
Authority’s benefit. However, unless the relevant contract expressly states otherwise, any
System Facility owned by an individual Party will not be considered an Authority-Owned
Facility and will remain the property of that Party upon Wind Down.
20.5 Public-private partnerships. The Authority may enter into public-private partnerships as
permitted by applicable law. Notwithstanding the foregoing, the Authority is prohibited from
entering into any public-private partnership that results in the Authority owning, in whole or in
part, any “solid waste disposal facility,” as defined in Section 403.703, Florida Statutes (2022),
unless the ILA is amended pursuant to Section 8.1.8 of the ILA.
20.6 Protection of Authority-Owned Facilities. Authority-Owned Facilities are held by the
Authority in trust for essential governmental and public purposes and are dedicated to the
provision of public solid waste and recycling services for the benefit of the Parties, their residents
or businesses. Except to the extent expressly pledged pursuant to a written agreement, or as
otherwise required under applicable law, Authority-Owned Facilities will not constitute general
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assets of the Authority, and all Authority obligations will be non-recourse to Authority-Owned
Facilities and payable solely from Authority Funds. No other creditor or claimant may levy upon,
attach, execute against, foreclose upon, encumber, or otherwise interfere with any Authority-
Owned Facility, and any entity that is not a Party to the ILA that contracts with or asserts a claim
against the Authority is deemed, to the fullest extent permitted by Florida law, to have waived
any right to receivership or injunctive relief affecting Authority-Owned Facilities. In the event of
Wind Down, the Authority’s outstanding obligations will be satisfied to the fullest extent possible
with Authority Funds.
6. A new Article 21 entitled “WIND DOWN OF AUTHORITY” is hereby added to read as follows:
ARTICLE 21. WIND DOWN OF AUTHORITY
21.1 Purpose. The Parties desire to ensure that the System remains intact and that investments
made in public infrastructure continue to serve public needs in the event of Wind Down. The
Parties hereby designate the following rules for Wind Down of the Authority, the orderly transfer
of services performed by the Authority, and the transfer of assets of the Authority to a successor
entity (or to County if County chooses to perform those services upon Wind Down subject to the
requirements set forth below) to benefit all Parties.
21.2 Schedule. The general schedule of Wind Down is illustrated in Table 1 below.
Table 1
Required Action
Day 45
Day 99 whether to transfer services to County or a successor entity
Day 150
Day 150 Party for its geographic jurisdiction, unless County or
Day 201
After Day 201 the Parties, uses the proceeds to pay remaining debts and
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days all transfers,
debts, and liabilities Certification and dissolution of the Authority.
Pursuant to this Article 21, the Authority will first pay its debts and liabilities from Authority Funds.
Next, once those debts and liabilities are paid, or such funds are exhausted, the Authority will
transfer title of any Authority-Owned Assets to the Parties pursuant and subject to Section 21.7
and Article 22. If an Authority-Owned Asset is not transferred to a Party, the Authority will sell
that asset. The Authority will use the sale proceeds to pay any remaining debts and liabilities.
Finally, the Authority will distribute any surplus sale proceeds and any remaining Authority Funds
among the Parties as provided below.
The running of any Wind Down deadline will not be tolled, suspended, delayed, or extended due
to the existence of any dispute, request for clarification, or pending arbitration or litigation, except
as expressly provided in this Section 21.2. Notwithstanding the foregoing, if the Executive Director
or the Authority fails to meet any Wind Down deadline that is applicable to the Executive Director
or the Authority, then any deadline applicable to the Parties that is expressly triggered by, or
cannot reasonably be performed without, timely completion of such missed obligation will be
automatically tolled for a period equal to the duration of such failure (measured from the missed
due date until the obligation is satisfied), and the Parties will not be deemed in default for the
resulting delay. The Wind Down schedule and all deadlines in this Article 21 are intended to
promote fairness, limit dispute, and ensure the orderly and continuous transfer of services and
Authority-Owned Assets during Wind Down, and are not intended to be punitive. Pending
resolution of any dispute, the Authority and all Parties will continue to perform in good faith and
proceed with Wind Down in compliance with this Facilities Amendment, and no tolling will apply
except as expressly provided above. For the avoidance of doubt, the Authority will not be
considered dissolved until certification pursuant to Section 21.8 below confirms that all Authority
obligations have been fully performed and satisfied.
21.3 Wind Down operations. During the Wind Down period, the Authority will continue to
operate solely for the limited purposes of concluding its affairs, preserving continuity of services,
and maintaining assets until such responsibilities are assumed by other entities. The Authority
may not accelerate or expand any contracts or enter into new contracts for goods or services that
are not required to perform the actions necessary for Wind Down. All actions related to the Wind
Down of the Authority will be overseen by the Executive Director and must be completed no later
than the applicable deadline specified in this Article 21, including the following:
21.3.1 Providing all Parties a final, comprehensive inventory of all Authority activities,
actions, assets, debts, and liabilities;
21.3.2 Liquidating, assigning, or otherwise lawfully disposing of Authority assets, debts,
and liabilities;
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21.3.3 Assigning all contracts necessary to ensure continuity of services being performed
by the Authority and concluding all contracts not necessary for such purpose; and
21.3.4 Transferring operational responsibility for System Waste management services,
recycling programs, and other services to the applicable Party(ies).
21.4 Executive Director’s Notice of Wind Down; inventory of assets. The Executive Director
will promptly begin the process of winding down the Authority’s operations, upon the occurrence
of any of the following events: the Parties fail to extend the ILA pursuant to Section 4.2.1 thereof;
the Authority is dissolved by court order; a petition for insolvency or assignment for the benefit
of creditors is filed, or any other action that requires or results in the dissolution of the Authority;
or the ILA expires or is terminated.
Upon beginning such process, the Executive Director will promptly issue a written “Notice of Wind
Down” to all Parties in compliance with the Notices section of the ILA. Within forty-five (45) days
after issuing the Notice of Wind Down, the Executive Director will provide all Parties a
comprehensive inventory of all Authority activities, actions, assets (including, without limitation,
any Authority-Owned Facilities and service contracts), physical address of such assets, reserve
funds, debts, and liabilities (“Comprehensive Inventory”).
21.5 Authority debt and liability. Pursuant to Article 12 of the ILA and Section 163.01(7)(b),
Florida Statutes, the Authority’s debts, liabilities, and obligations do not constitute the debts,
liabilities, and obligations of the Parties. Accordingly, the Authority will use the following process
to settle its own debts, liabilities, and obligations.
21.5.1 Use of Authority Funds to satisfy debt, liabilities, and obligations. Upon issuing the
Comprehensive Inventory to the Parties, the Executive Director will begin overseeing the
payment of the Authority’s debts, liabilities, and obligations. Subject to Section 6.9 of the
ILA, all outstanding debts, liabilities, and obligations of the Authority, including, without
limitation, accounts payable, contractual obligations, retirement liabilities, and any other
claims, will be satisfied using all available Authority Funds before any Authority-Owned
Assets are sold for that purpose. Regardless of the status of the payment of such debts,
liabilities, and obligations, the Authority will begin the Authority-Owned Asset distribution
process pursuant to Section 21.7 below. Only after asset distribution as described in
Section 21.7 is completed may the Authority satisfy any remaining debts, liabilities, and
obligations by selling Authority-Owned Assets that are not transferred to any Party and
using the proceeds as described in Section 21.7.1.6 below.
21.5.2 Bond-related debts. The Authority will resolve bond-related debts in accordance
with the applicable bond documents.
21.6 Transfer of services. The orderly transfer of services in the event of Wind Down is of
paramount concern to the Parties. Accordingly, the Parties hereby designate three (3) options for
transferring System Waste management services, recycling programs, and other services
previously administered by the Authority, each with its own method for dividing obligations and
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the manner by which the transfer or sale of Authority-Owned Assets occurs: (a) the standard
procedure where each Party provides services or contracts with third parties for the provision of
services within each Party’s geographic jurisdiction; (b) if County and sufficient Municipal Parties
agree, these services would be provided by County; or (c) if County and sufficient Municipal Parties
agree, these services would be provided by a successor entity.
The service transitions described in this section may proceed through interim operational
agreements, licensing arrangements, and assignment of contracted services, notwithstanding that
title transfer of Authority-Owned Assets may occur later pursuant to Section 21.7 below.
21.6.1 Standard procedure; transfer to Parties individually. No later than one hundred fifty
(150) days after the Notice of Wind Down is issued, each Party will become responsible for
the management of solid waste generated within that Party’s geographic jurisdiction (for
County, the unincorporated areas) and for determining how recycling and other services
previously administered by the Authority will be managed and provided, including by
establishing, maintaining, modifying, or discontinuing any programs or contracts it deems
appropriate. The Authority will cooperate with each Party, as the applicable Party may
agree, to:
21.6.1.1 Assign, amend, or novate relevant service agreements;
21.6.1.2 Transfer records, equipment, and other operational resources;
21.6.1.3 Provide support to facilitate continuity of service during the transition;
and
21.6.1.4 Provide each Party with a full accounting of the Authority’s customers,
service zones, and applicable infrastructure within each such Party’s geographic
jurisdiction (for County, the unincorporated area).
Each Party will be individually responsible for ensuring uninterrupted service to its
geographic jurisdiction (for County, the unincorporated area), and for securing or entering
into appropriate service agreements, upon the transition of services from the Authority.
All Authority-Owned Assets will be distributed pursuant to Section 21.7.1 of this Facilities
Amendment.
21.6.2 Alternate procedure; transfer to County. As an alternative to the standard
procedure described in Section 21.6.1 above, County and Municipal Parties representing
at least fifty-one percent (51%) of the Municipal Parties’ population and at least fifty-five
percent (55%) of the total tonnage of all of Broward County may agree, within 99 days
after issuance of the Notice of Wind Down, that County will assume operational
responsibility for all of the System Waste management services, recycling programs, and
other services previously administered by the Authority (the “SWA Services”) as follows:
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21.6.2.1 Within 60 days of after the Notice of Wind Down is issued, County
may issue a non-binding letter to the Municipal Parties indicating its interest to
provide the SWA Services (“Service Offer”);
21.6.2.2 If County issues a Service Offer, each Municipal Party may respond
in writing to indicate its non-binding acceptance or rejection of County’s Service
Offer; however, any Municipal Party that does not respond before the Board of
County Commissioners votes, as referenced in subsection (c) below, will be
deemed to have rejected County’s Service Offer;
21.6.2.3 The commencement date for County operational responsibility or
the SWA Services will be provided for in the agreement between County and each
of the applicable Municipal Parties; however, the commencement date may be
extended by written notice from the Executive Director should that date interfere
with other elements of Wind Down of the Authority; and
Upon receipt of County’s written notice that it will provide the services and
documentation of the relevant Municipal Parties’ agreement, (a) the Authority will
coordinate with County to transfer all operational functions, service contracts,
Authority-Owned Assets, other equipment, customer data, and financial resources
necessary to ensure an uninterrupted transition of the services to those Municipal
Parties; (b) the Authority will retain interim custody and continue operations of
those services until the transfer is effectuated; and (c) the Authority-Owned Assets
associated with the performance of such services will be transferred to County
pursuant to Section 21.7.2 below as part of the transition described above.
21.6.3 Alternate procedure; transfer to successor entity. As an alternative to the standard
procedure in 21.6.1 above, if, within 99 days after the issuance of the Notice of Wind
Down, both the Board of County Commissioners and municipal governing bodies
representing at least fifty-one percent (51%) of the total population of the Municipal
Parties and at least fifty-five percent (55%) of the total tonnage of Broward County,
establish or designate a successor entity to provide the SWA Services, the Authority will
cooperate with the successor entity to ensure continuity of operations, including, without
limitation, the transfer of the applicable contracts, assets, and liabilities to that successor
entity. The Authority will not transfer any such contracts, assets, or liabilities to a successor
entity unless such transfer has received formal approval by both the Board of County
Commissioners and the elected bodies of the requisite Municipal Parties. If the approvals
described above are obtained, the transfer of any Authority-Owned Assets to the
successor entity will proceed pursuant to Section 21.7.2 hereof.
21.7 Disposition of Authority-Owned Assets. During Wind Down, all Authority-Owned Assets
(including, without limitation, any Authority-Owned Facilities and reserve funds) will be
distributed as provided in this section and in a manner that ensures continued public benefit,
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honors the source and purpose of such funds and assets, and recognizes operational control and
jurisdictional authority over the related services.
Regardless of whether all available Authority Funds have been expended pursuant to Section
21.5.1 above, the Authority will work cooperatively with each recipient Party to undertake due
diligence and execute all necessary deeds, bills of sale, assignments, and other instruments to
lawfully effectuate the transfers described below, including, without limitation, provision for
maintenance, insurance, and replacement planning.
21.7.1 Standard procedure; transfer to Parties individually. Notwithstanding anything to
the contrary in in the ILA, if operational responsibility for the provision of System Waste
management services, recycling programs, and other services previously administered by
the Authority is not transferred to either County as provided in Section 21.6.2 above or a
successor entity as provided in Section 21.6.3 above, this Section 21.7.1 will govern the
disposition of Authority-Owned Assets and reserve funds.
21.7.1.1 Proposed asset offers. At any time after the issuance of the
Comprehensive Inventory, any Party may submit to the Executive Director a
written proposal identifying the Authority-Owned Asset(s) the Party asserts a right
to acquire, together with the factual and legal basis for that assertion under this
Facilities Amendment.
21.7.1.2 Asset offer process. On the one hundredth (100th) day after the
Notice of Wind Down is issued, and not earlier, the Executive Director will send
each Party a written offer listing the Authority-Owned Assets that the Party may
take ownership of (“Asset Offer”) pursuant to Section 21.7.1.4, below, subject to
the following procedures:
21.7.1.2.1 Each Party will review the Authority-Owned Assets and give
written notice of its decision to accept or decline ownership within fifty (50)
days after issuance of the Asset Offer. This deadline applies only to the
election to accept or decline. It does not apply to completing the legal
transfer. If a Party does not give written acceptance within fifty (50) days,
the Party is deemed to have declined the transfer.
21.7.1.2.2 After that fifty (50) day period ends, the Executive Director
will send County a second Asset Offer for all Authority-Owned Assets not
accepted by any Municipal Party. County has fifty (50) days after receipt to
accept or decline in writing.
21.7.1.3 Asset Offer; required contents. The Executive Director will include
the following information in each Asset Offer: (a) the location of the Authority-
Owned Asset; (b) the type of asset; (c) if applicable, the most recent System Facility
Report (defined below); (d) if applicable, the most recent permitting, licensing, or
other regulatory documents; (e) a statement of the operational and environmental
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condition of the Authority-Owned Asset; (f) any known liabilities associated with
the Authority-Owned Asset; (g) if applicable, a statement of the specific reserve
balances associated with the Authority-Owned Asset; (h) if known, an estimate of
the costs of any necessary repairs; and (i) any other documents in the Authority’s
possession related to the maintenance and status of the Authority-Owned Asset. If
any applicable, required content of an Asset Offer is omitted, the applicable Party’s
deadline to provide written notice of its decision to accept or decline ownership
will be tolled until the Authority provides such missing content.
21.7.1.4 Regional Assets. Notwithstanding anything else stated in this
Facilities Amendment, each Authority-Owned Asset listed below (each a “Regional
Asset”) will first be offered, subject to the provisions of Article 22, to County and
then, if not accepted by County, to Municipal Parties following the procedure
stated in Section 21.7.1.5 for non-Regional Assets:
21.7.1.4.1 any “solid waste disposal facility,” as defined in Section
403.703, Florida Statutes (2022) including, without limitation, any plant,
material property, or equipment associated with such facility;
21.7.1.4.2 any “transfer station,” as defined in Section 403.703, Florida
Statutes (2022), materials recovery facility, or property that County elects
to use in connection with County’s obligations under Section 403.706(1),
Florida Statutes;
21.7.1.4.3 any Authority-Owned Facility used for the management,
collection, disposal, processing, recycling, storage, or transfer of storm
debris that County elects to use in connection with County’s obligations
under Section 403.706(1), Florida Statutes; and
21.7.1.4.4 any non-monetary Authority-Owned Asset the ownership of
which was transferred from County.
Any election made by County pursuant to this section will automatically be
presumed valid if County provides a proposed asset offer pursuant to Section
21.7.1.1. above, subject to the dispute resolution process of section 17.1 of the ILA.
21.7.1.5 Authority-Owned Assets other than Regional Assets. For all non-
monetary Authority-Owned Assets that are not Regional Assets (and for Regional
Assets that County chooses not to exercise its first option pursuant to Section
21.7.1.2), that are, as of the date the Notice of Wind Down is issued, located within
the geographic jurisdiction of a Party (for County, the unincorporated areas), such
asset will be offered, subject to Article 22, to that Party. If such Authority-Owned
Asset is physically located within the geographic jurisdiction of more than one Party
(e.g., two (2) Municipal Parties or a Municipal Party and unincorporated Broward
County), such property will be first offered, subject to Article 22, to the multiple
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Parties for joint ownership by the applicable Parties; and if any such Party declines
the transfer, the asset will be offered, subject to Article 22 to the other Party (or
Parties) with geographical jurisdiction over the property. If all Parties to which an
asset is offered decline to accept the asset, the asset will then be offered, subject
to Article 22 to County and then to the other Municipal Parties.
21.7.1.6 Tangible Personal Property of the Authority. For such Authority-
Owned Assets that constitute tangible personal property (i.e., not real property or
Authority Funds), such as hauler vehicles or railcars, ownership will be allocated
among the Parties in a proportionate and equitable manner based on the
aggregate fair market value of such assets, taking into account both the number
and condition of the assets.
21.7.1.7 Notwithstanding the foregoing, any non-monetary Authority-
Owned Asset whose ownership was transferred to the Authority by a Municipal
Party or County will be returned to the originating Party at no cost.
21.7.1.8 The foregoing requirements will also apply to any Authority-Owned
Asset in which the Authority has an interest through a joint venture, public-private
partnership, or other joint ownership model.
21.7.1.9 If any Authority-Owned Asset may not be distributed to any of the
Parties in compliance with the procedures in this section due to requirements
contained in applicable bond or other secured debt instruments, the Executive
Director will provide the Parties with written notice as early as possible.
21.7.1.10 Any System Facility, or other element of the System, that is owned
in fee simple by a Municipal Party or by County will not be considered an Authority-
Owned Asset and will be retained by such Party.
21.7.1.11 Sale of Authority-Owned Asset(s) declined by the Parties; application
of sale proceeds. After the Authority-Owned Asset distribution process is
completed, any Authority-Owned Assets not transferred to a Party will be sold by
the Authority on commercially reasonable terms following a commercially
reasonable process. Nothing in this Facilities Amendment prohibits any Party from
participating in this process the same as any non-Party, and any acquisition
pursuant this process will not be subject to Article 22. The sale will be conducted
through a competitive process determined by the Executive Committee, unless the
Executive Committee, by a two-third (2/3) vote which must include County’s
representative, determines that an alternative process is appropriate,
commercially reasonable, and in the public interest. The Authority will apply the
net proceeds of any such sale first to satisfy any outstanding debts, liabilities, or
other obligations of the Authority associated with the sold asset and any remaining
unpaid debts, liabilities, and obligations of the Authority.
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21.7.1.12 Reserve funds; surplus Authority Funds and sale proceeds. Reserve
funds that are expressly designated for maintenance, repair, rehabilitation,
replacement, or closure of a specific Authority-Owned Asset, and that are not
expended pursuant to Section 21.5 above, will be transferred with the associated
asset if, and solely to the extent that, such asset is transferred to one or more of
the Parties. Such reserve funds will not transfer in connection with the sale of an
Authority-Owned Asset to any third party.
Any surplus proceeds and any remaining Authority Funds not expended to satisfy
the outstanding debts, liabilities, or other obligations of the Authority will be
distributed among the Parties on a pro rata basis based on the most recent
certified population estimates (for County, the unincorporated area) published by
the Bureau of Economic and Business Research – University of Florida or other
reasonable population data source selected by the Governing Board, subject to
Section 6.9 of the ILA.
21.7.2 Alternate procedure if Authority operations are transferred to County or successor
entity. Notwithstanding anything to the contrary in herein, if all of the SWA Services are
transferred to County or to a successor entity pursuant to Section 21.6.2 or 21.6.3 above,
the applicable Authority-Owned Assets (including, without limitation, Authority-Owned
Facilities) and reserve funds associated with the assumed services, assets, and facilities will
be transferred to the successor entity or to County, as applicable, and will not be subject
to Article 22 below.
21.8 Other distributions and transfers; certification of dissolution. During Wind Down, the
Executive Committee will act as a transition committee to oversee the final disposition of any
assets and other details of Wind Down not expressly addressed by this Facilities Amendment or
the ILA (including, without limitation, Section 6.9 thereof). Final disposition of any Authority-
Owned Asset or other unaddressed detail will require the affirmative vote of: (a) a majority of the
Municipal Parties’ representatives on the Executive Committee; and (b) County’s representative.
Resolutions of disputes will follow the procedures described in Article 17 of the ILA. Upon the
satisfactory completion of all Wind Down activities in compliance with the above and all applicable
law, the Executive Director, the Chair, and the Vice-Chair of the Executive Committee, and the
Chair and the Vice-Chair of the Governing Board, will certify in writing that all obligations have
been resolved. Upon execution of such certification, the Authority will be deemed dissolved and
all legal authority and operational responsibilities of the Authority will terminate.
7. A new Article 22 entitled “OBLIGATIONS OF THE PARTIES AFTER WIND DOWN” is hereby added
to read as follows:
ARTICLE 22. OBLIGATIONS OF THE PARTIES AFTER WIND DOWN
22.1 Purpose. The Parties wish to ensure that any Authority-Owned Asset distributed due to
the Authority’s Wind Down continues to serve a regional benefit after Wind Down. Accordingly,
the Authority will ensure that the obligations set forth in this Article 22 are incorporated into deed
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restrictions recorded at the time such property is transferred, and that such deed restrictions
clearly identify the Parties and any other entities that may enforce them.
22.2 Obligation to continue operations. To ensure that Authority-Owned Assets transferred to
a Party continue to serve a public purpose after Wind Down, each Party that exercises its right to
accept the transfer of an Authority-Owned Asset pursuant to Section 21.7.1.4 or 21.7.1.5 (“New
Owner”), accepts such asset subject to the beneficial ownership and rights of the Parties set forth
herein. Except as expressly provided for in this Article, the New Owner must operate each
transferred asset for its then-existing purpose, or a related purpose that the Authority was
authorized to perform or contract, for five years (“Transition Period”). If the transferred asset is
an Authority-Owned Facility, it must be operated for its then-existing purpose or a related solid
waste purpose during the Transition Period. The New Owner must operate or contract for the
operation of the asset responsibly and in a commercially reasonable manner during the Transition
Period. Nothing in this section prohibits the New Owner from expanding, improving, upgrading,
or modernizing the asset, or from adding compatible uses, provided that such actions do not
materially impair the asset’s ability to serve its existing purpose during the Transition Period. If, at
any time during the Transition Period, the New Owner elects to cease operating the asset for its
prior purpose or for a related solid waste purpose that the Authority was authorized to perform
or contract for, and instead elects to use it for a purpose unrelated to solid waste, the Transition
Period as to that asset will terminate and the New Owner must pay the value of or sell the asset
in accordance with the procedures stated in Section 22.4. The New Owner may at any time end
the Transition Period as to any asset that was transferred to it and pay the value of or sell the
asset in accordance with the procedures stated in Section 22.4. All Parties agree that any such
election will not be grounds for any claim of a fraudulent or improper transfer to the New Owner.
Except as expressly provided for in this Article, the New Owner will not sell, lease, or otherwise
transfer the asset during the Transition Period. For avoidance of doubt, this restriction does not
prohibit contracts for operation, maintenance, or management that do not convey any ownership
interest. Subject to the obligations in Section 22.3. below, and notwithstanding anything to the
contrary in any other provision of this Facilities Amendment, the New Owner will have final
authority to establish and modify rates, fees, and charges for services provided using the asset.
22.3 Obligation to provide fair fees to contributing Parties. To ensure that the Parties and their
residents and businesses receive a fair financial benefit from assets their residents or businesses
helped fund, the following applies to any New Owner that acquires an Authority-Owned Asset and
uses that asset to provide fee-based solid waste services:
22.3.1 If the Authority previously operated the asset in a manner that provides lower fees
to the Parties as compared to other users, the acquiring Party must continue a
substantially similar fee arrangement during the Transition Period to benefit the Parties.
22.3.2 If the Authority did not operate the asset to provide lower fees to the Parties as
compared to other users, but the Authority-Owned Asset was purchased or constructed
using funds directly contributed by the Parties or collected through special assessment or
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fees paid by the Parties or their residents or businesses, users receiving services for solid
waste generated within a Party’s jurisdiction will receive a credit against the fees charged
for use of the asset during the Transition Period. The amount of the credit will be
determined by the Authority’s independent auditor, on a pro rata basis based on each
Party’s documented capital contributions relative to the asset’s total capital cost, subject
to approval by the Executive Committee pursuant to Section 21.8 above. The credit may
be in the form of: (a) a uniform per-ton (or per-load) fee discount; (b) an annual service
credit applied to invoices; or (c) if (a) or (b) are not practical, such other benefit as
approved by the Executive Committee pursuant to Section 21.8 above that is consistent
with the findings of the Authority’s independent auditor. The credit will be applied to the
fees otherwise payable for use of the asset. Notwithstanding the foregoing, the annual
aggregate credit amount may not equal or exceed the acquiring Party’s annual cost to
operate the asset. In addition, no credit is required if the Authority’s independent auditor
determines that the aggregate annual benefit to all Parties and their residents or
businesses would be less than one percent (1%) of the aggregate annual fees otherwise
payable for services using the asset. If the New Owner fails to comply with subsection
22.3.1 or 22.3.2 above, the New Owner will have fifteen (15) days after written notice to
cure such noncompliance. Any cure will include retroactive refunds or credits, as
applicable, sufficient to place affected Contributing Parties and their residents or
businesses in the same financial position they would have been in had the required fees
or credits been properly applied when due. If the New Owner fails to cure within the
fifteen (15) day period, then the Parties may bring a dispute pursuant to Section 17.1 of
the ILA.
22.4 Obligation to Pay For Or Sell Asset Upon Expiration of Transition Period. At any time
during the Transition Period, but no later than the expiration or earlier termination of the
Transition Period, the New Owner will: (a) within 90 days after such election or expiration or
earlier termination, as applicable, pay to the other Parties the then-current fair market value of
the Authority-Owned Asset, taking into account the value of any reserve funds transferred by the
in connection with the Authority-Owned Asset, as determined by an MAI appraiser or another
appraiser with appropriate credentials and experience; or (b) promptly use its best efforts to sell
the asset through a commercially reasonable, competitive sales process consistent with the New
Owner’s then-existing regulations for the disposition of that Party’s property and in accordance
with applicable Florida law. The appraised value (if the New Owner elected to continue ownership)
or net sales proceeds (if the New Owner elected to sell the property), will be paid by the New
Owner to all Parties on a pro rata basis based on the most recent certified population estimates
(for County, the unincorporated area) published by the Bureau of Economic and Business
Research – University of Florida or other reasonable population data source selected by the New
Owner. Net sale proceeds will be the gross proceeds of the sale, less costs of sale and adjustments
for any credits or prorations at the closing.
8. A new Article 23 entitled “SYSTEM FACILITIES: INSPECTIONS, REPORTING, AND TECHNICAL
REVIEW” is hereby added to read as follows:
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ARTICLE 23. SYSTEM FACILITIES:
INSPECTIONS, REPORTING, AND TECHNICAL REVIEW
23.1 Purpose. The Parties recognize that solid waste and recycling services are essential public
functions that depend on many System Facilities, each of which takes years to plan and construct
and decades to fund, maintain, and operate through sustained collaboration. For that reason, the
Parties hereby establish the following framework to maintain a safe, resilient, and compliant
System that meets current and future needs, while reinforcing a strong, accountable, and
enduring collaboration among the Parties.
23.2 Inspection rights. Upon any Party’s written request to inspect any Authority-Owned
Facility, the Authority will provide such Party, and Party’s contractor(s), with access to the
applicable Authority-Owned Facility within a within a reasonable time after receiving such
request, provided that such access will not be unreasonably withheld, conditioned, or delayed.
The Authority may condition such access on the requesting Party and its contractor(s) executing
a reasonable release or indemnification agreement in favor of the Authority. The purpose of such
inspection is to evaluate the operation and condition of the Authority-Owned Facility, including
any equipment or infrastructure onsite. In addition, upon reasonable prior notice to the Authority,
any Party may observe, monitor, and verify compliance with Flow Control Ordinances and other
flow control obligations contained in the Master Plan or Article 11 of the ILA by tracking or
following Hauler vehicles while transporting System Waste to System Facilities, provided that such
observation will be conducted in a lawful manner, without interfering with Hauler operations, and
in coordination with any reasonable safety or security protocols established by the Authority or
the applicable System Facility operator. The Authority will cooperate in good faith with such
verification efforts and will, upon request, provide available routing, delivery, or scale data
reasonably necessary to confirm adherence to flow control requirements. The results of any
inspection or verification constitute a public record, subject to any applicable legal exemptions or
confidentiality restrictions.
23.3 System facility report. The Authority will ensure that the System can reliably manage all
System Waste it is obligated to handle, and can maintain continuity of service, by evaluating the
System Facilities’ and the System’s overall capacity and operational resiliency (each, a “System
Facility Report”). A System Facility Report may be conducted at any time. However, the Authority
must complete a System Facility Report within eighteen (18) months prior to the end of any Term
of the ILA and, to the extent practicable, within eighteen (18) months prior to the initiation of
Wind Down, in compliance with the following:
23.3.1 At a minimum, each System Facility Report will include:
23.3.1.1 System Facility capacity versus projected tonnage. A comparison of
constructed and permitted System Facilities’ capacity to projected System Waste
tonnage over a reasonable planning horizon. The System Facility Report will
identify any capacity shortfalls or constraints.
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23.3.1.2 Authority-Owned Facility conditions. For each Authority-Owned
Facility (whether or not operated by the Authority), an evaluation of its operational
condition and environmental status, including, at a minimum, structural
conditions; mechanical, electrical, and operational systems conditions; preventive
and corrective maintenance status; remaining useful life of major systems and of
each facility as a whole; and identification of any deferred maintenance or capital-
repair needs. The System Facility Report will also include an analysis of the
Authority’s operation of each Authority-Owned Facility, identifying any level of
throughput, collection, disposal, processing, recycling, storage, or transfer, as
applicable, that is below commercially reasonable levels when compared to such
facility’s design capacity, the capacity authorized by applicable permits and
licenses, or applicable industry standards.
23.3.1.3 Contracted facility capacity. Confirmation of the quantity, term, and
enforceability of all firm contracted capacity available through the System. The
System Facility Report will include a determination of whether such contracted
System Facility capacity satisfies projected System Waste needs.
23.3.1.4 Contingency services. An assessment of contingency System Waste
management services available to the Parties. The System Facility Report will
include alternative facilities, redundancy, emergency arrangements, and surge
capability for disaster debris or other extraordinary events.
23.3.2 Any System Facility Report used for Wind Down must contain information that is
no more than eighteen (18) months old at the time Wind Down begins. In addition, no
later than thirty-six (36) months before the end of any Term of the ILA, the Authority shall
begin the process of preparing the System Facility Report, including deciding whether it
will be prepared by Authority staff or a consultant and initiating any required procurement
process.
23.3.3 The Authority must ensure that the System Facility Report final document includes
concise findings and recommendations that are easily understood by a lay audience.
23.3.4 Within ten (10) days after completion, the Authority will provide each completed
System Facility Report to all Parties and publish it on the Authority’s public website.
The results of each System Facility Report will be used to supplement any Asset Offer issued during
Wind Down and may be used to inform, support, or evaluate any proposed amendment to the
Master Plan (including any amendment relating to System Facilities, contracted services, flow
control, or rate and fee structures).
23.4 County’s right to technical review of matters relating to its statutory obligation to
provide access to solid waste disposal capacity. To ensure County’s ability to meet its statutory
obligation to provide access to solid waste disposal capacity throughout the incorporated and
unincorporated areas of Broward County is not being impeded, County may, in County’s sole
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discretion and at County’s expense, retain an expert to conduct audits, inspections, interviews, or
evaluations related to System performance, capacity, compliance, planning, and future needs
(each, a “County Technical Review”), as set forth below.
23.4.1 Scope of review. A County Technical Review may only address: (a) Authority
operations at any Authority-Owned Facility; (b) the sufficiency of Authority plans,
forecasts, and assumptions to meet projected solid waste management needs over a
reasonable planning horizon; (c) vendor performance, the Authority’s contract
administration, and cost controls affecting the System; and/or (d) matters that have, or
may in the future have, a material impact on County’s statutory obligation to provide
access to solid waste disposal capacity.
23.4.2 Authority cooperation. The Authority will cooperate fully with any County
Technical Review. The Authority will provide County and County’s expert reasonable
access, during normal business hours and upon reasonable notice, to all relevant records,
data, contracts, reports, and other documents. The Authority will also provide reasonable
access to Authority-Owned Facilities and other locations under the Authority’s control
used for System purposes. The Authority will make Authority personnel available for
interviews and reasonable information requests.
23.4.3 Recommendations; Governing Board presentation. County may present the results
of a County Technical Review and any recommended corrective actions or other measures
(“County Recommendations”) to the Governing Board. If County elects to present County
Recommendations, the Governing Board will hear the presentation within sixty (60) days
after County’s request to present, subject to the following procedures:
23.4.3.1 The Governing Board will vote to approve, approve with
modifications, or reject County Recommendations no later than thirty (30) days
after the presentation.
23.4.3.2 If the Governing Board approves County Recommendations, or
approves them with modifications, the Authority will implement them within the
time stated.
23.4.3.3 If the Governing Board does not approve any County
Recommendation that relates to County’s ability to meet its statutory obligations
contained in Section 403.706(1),F.S. (or does not hear such County
Recommendations or vote within the time required above), County may invoke the
informal dispute resolution process under Section 17.1 of the ILA and, if not
resolved, through that procedure, County may submit the dispute to binding
arbitration.
23.4.4 Arbitration; standard of review. The standard of review in arbitration is whether,
based on the totality of circumstances, the Authority has reasonably fulfilled its obligations
for the services it has undertaken or agreed to provide by satisfying the following criteria
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in a manner that does not materially impair County’s ability to meet any of its statutory
solid waste management obligations:
23.4.4.1 All standards and required levels of service stated in the Master
Plan, as may be amended in accordance with the terms of the ILA; and
23.4.4.2 For any service the Authority has agreed or is obligated to perform,
a level of service sufficient to:
23.4.4.2.1 Meet the Parties’ current and reasonably projected needs
for System Waste management in full compliance with all applicable laws,
permits, industry standards; and
23.4.4.2.2 Ensure the continuous management of all System Waste and
any other solid waste lawfully accepted into the System, including its
transfer, processing, recycling, and disposal, and to secure prompt
substitute services in the event of an emergency, disaster, or facility
shutdown consistent with reasonable contingency planning practices.
23.4.4.2.3 Temporary interruptions resulting from prudent repair and
maintenance activities, or as a result of force majeure (i.e., an event beyond
the Authority’s reasonable control) will not be deemed a failure to meet
this standard. Notwithstanding the foregoing, a material interruption
caused by inadequate planning, staffing, resourcing, contracting,
preventive maintenance, other operational oversight, willful or negligent
action or omission, or lack of reasonable diligence will constitute a failure
to meet the standard.
23.4.4.3 Each of the foregoing requirements constitutes an enforceable
contractual obligation of the Authority. The arbitrator(s) will have full authority to
order and direct the Authority to perform such obligations and to award any relief
authorized by law or equity in connection with the dispute, including, without
limitation, relief available under Articles 15 and 17, including Section 17.5, of the
ILA; provided, however, that the arbitrator(s) may not impose on the Authority any
new obligations not otherwise imposed by applicable law, require the Authority to
undertake the performance of any services not part of the Master Plan (as may
have been amended pursuant to the provisions of the ILA), or to require the
planning, financing, or construction of new Authority-Owned Facilities.
23.4.5 Selection of arbitrators. County and the Authority will mutually agree on an
arbitrator. If County and the Authority are unable to agree to a single arbitrator, County
and Authority will each select an arbitrator, and the two arbitrators will select a third
arbitrator. Costs of arbitration will be shared on an equal basis between County and the
Authority.
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23.4.6 Reservation of rights. County’s exercise of its rights under this Section 23.4, or
County’s decision not to exercise such rights in any instance, will not be deemed a waiver
of any right or remedy of County under the ILA or applicable law. No waiver will be deemed
effective unless in writing and signed by County.
9. A new Article 24 entitled “MAXIMUM SERVICE CHARGES” is added to the ILA to read as follows:
ARTICLE 24. MAXIMUM SERVICE CHARGES
24.1 Purpose. The Parties agree that cost control and transparency are essential to the long-
term success of the System, and that no Party should face material rate increases without clear
notice and broad consensus. Accordingly, the Parties hereby establish the following procedures
to protect affordability, prevent sudden cost increases, and provide the Parties additional
resources to manage System-related costs.
24.2 Limitation on service charges; Master Plan amendments impacting costs.
24.2.1 Maximum service charges. In no event will the amounts paid by any Party, or by
any Party’s residents or businesses, for initial services identified in the Master Plan that
are provided by, or through, the Authority exceed the maximum amounts set forth in the
Master Plan (the “Maximum Service Charges”). The Maximum Service Charges for those
services may be increased only in accordance with the index or other adjustment
mechanism stated in the Master Plan or established by the Governing Board upon
adoption of the Master Plan, which index or adjustment mechanism must merely address
customary annual cost adjustments for provided services as well as adjustments
occasioned by emergencies or circumstances outside the control of the Authority (the
“Adjustment Index”).
24.2.2 Master Plan amendments increasing costs. Any amendment to the Master Plan or
adoption of a replacement Master Plan is a “Cost Increase Amendment” if it would: (a)
increase costs to the Parties or their residents or businesses above the Maximum Service
Charges for the initial services, as modified by the Adjustment Index; (b) change, replace,
or modify the Adjustment Index; or (c) provide for new service or technology that would
increase the cost paid by any Party or that Party’s residents or businesses above the
Maximum Service Charges (as modified by the Adjustment Index).
24.2.3 Cost Increase Amendment procedures. A Cost Increase Amendment is effective
only if approved in compliance with the following process. First, the Executive Committee
must recommend approval of the Cost Increase Amendment by majority vote, including
the affirmative vote of County’s representative. Second, at a meeting of the Governing
Board held at least forty-five (45) days after the Executive Committee’s vote, the Cost
Increase Amendment must be approved by: (a) the members of the Governing Board
representing Municipal Parties comprising at least two-thirds (2/3) of the total population
of the Municipal Parties; and (b) County’s representative to the Governing Board.
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24.3 Facility and service price review. As an exhibit or appendix to the Master Plan, the
Authority will provide a required process by which the Authority periodically retains a qualified
expert with experience in solid waste and recyclable materials pricing and market analysis to
conduct a rate and fee competitiveness study. The results of such study may be used to inform,
support, or evaluate any proposed amendment to the Master Plan or service agreement, including
any adjustment to rates, fees, Maximum Service Charges, or other pricing provisions.
10. Section 6.2.4. entitled “Approvals” is hereby amended to include new language (as provided by
underlines) as follows:
6.2.4. Approvals. Subject to Sections 6.8 and 7.1, the Governing Board may take official
action only if: there is a quorum; the action is supported by an affirmative vote of a majority of
the representatives present that are eligible to vote; and the action is also supported by the
affirmative vote of members representing a majority of the Broward Tonnage of those members
that are present and eligible to vote. Alternate members of the Governing Board will count
towards quorum only when they are serving as voting members.
11. Section 6.5.1. entitled “Quorum” is hereby amended to include new language (as provided by
underlines) as follows:
6.5.1. Quorum. A quorum of the Governing Board will be a majority of the total voting
members, provided that the members comprising the quorum must represent at least one-half
(1/2) of the Broward Tonnage. With respect to the Executive Committee, a quorum will be a
majority of the total members voting members, provided that the members comprising the
quorum must represent at least one-half of the Broward Tonnage of those Municipal Parties that
are members of the Executive Committee. A quorum of the TAC will be a majority of the total
voting members of TAC. Unless otherwise authorized by the Governing Board, the Executive
Committee, or the TAC, as applicable, a quorum is determined on the basis of physical attendance.
If there is a quorum, all members may vote regardless of whether they are attending the meeting
physically or via remote conferencing technology.
12. The reference to Section 6.2.3, in Section 7.1.2.2 entitled “Adoption of Other Amendments to
Master Plan,” is hereby corrected to read “Section 6.2.4.”
13. All other provisions of the ILA remain in full force and effect.
14. Facilities Amendment Effective Date; Counterparts and Multiple Originals. This Facilities
Amendment will be deemed effective on the first business day after it has been executed by: (i) Municipal
Parties representing eighty percent (80%) of the population of the Municipal Parties to the ILA; and (ii)
County (“Facilities Amendment Effective Date”). The Facilities Amendment may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or electronically, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the same
agreement. Notwithstanding the foregoing, this Facilities Amendment shall not become effective unless
the Governing Board has first adopted a Master Plan in full compliance with the ILA. The Facilities
Amendment does not alter, increase, or reduce the powers of the Authority and, once effective, may only
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be modified in compliance with Article 16 of the ILA. The Facilities Amendment may be executed in
multiple originals, and may be executed in counterparts, whether signed physically or electronically, each
of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Facilities Amendment on
the respective dates under each signature on behalf of each Party to this Facilities Amendment, signing
by and through its Mayor or Vice-Mayor, authorized to execute same by action of its elected body.
[SIGNATURE PAGES OF PARTIES TO FOLLOW]
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF
BROWARD COUNTY, FLORIDA
MUNICIPAL PARTY
MUNICIPALITY: CITY OF DANIA BEACH, FLORIDA
ATTEST: By:
JOYCE L . DAVIS
_______________________________ Joyce L. Davis
ELORA RIERA, MMC Print Name
CITY CLERK
_____ day of __________, 20___
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
EVE A. BOUTSIS, CITY ATTORNEY
By:
ANA M. GARCIA, ICMA-CM
CITY MANAGER
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FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By: ____________________________ By: ____________________________
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners ____ day of ______________, 20__
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By____________________________
Attorney’s Name (Date)
Senior Assistant County Attorney
By____________________________
Attorney’s Name (Date)
Deputy County Attorney
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 25 of 25
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
JOINDER BY AUTHORITY
By affirmative vote of the Governing Board of the Authority, signing by and through its Chair or Vice-
Chair, the Authority hereby joins in this Facilities Amendment and further agrees to be bound by all
terms, conditions, and obligations stated herein that apply to the Authority.
Signed: _____________________
Print Name: _________________
Title: _______________________
Date: ______________________