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Home My WebLink AboutR-2021-155 Joining Broward County Waste Disposal Agreement with WIN Waste InnovationsRESOLUTION NO.2021-155 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO JOIN THE BROWARD COUNTY WASTE DISPOSAL AGREEMENT WITH WIN WASTE INNOVATIONS, FORMERLY KNOWN AS WHEELABRATOR TECHNOLOGIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach's contracted residential waste collection has for the past several years disposed refuse at the Waste Management Inc. facility; and and WHEREAS, the per ton cost of disposal has steadily risen over the past several years; WHEREAS, the disposal contract will expire at the end of this calendar year; and WHEREAS, the Public Services Department has identified a lower cost disposal site operated by WIN Waste Innovations (WIN) currently contracted by Broward County which several municipalities have joined; and WHEREAS, the Public Services Department has deemed it in the City's best interest to join the County agreement with WIN; and WHEREAS, incorporating the lower disposal rate in the renewed Waste Management Inc. waste collection contract will result in a cost reduction to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to approve joining in the Broward County contract with WIN Waste Innovations. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 26, 2021. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK t�` �4�LISH'�Q APPROVED AS TO (71 1 lyl/ THOMASS XJ.NBCITY ATEY TA RA JAME �j MAYOR 2 RESOLUTION #2021-155 Second Amendment to September 1. 2012, Interlocal Aereement This Second Amendment (the "Second Amendment") to the Interlocal Agreement between Broward County and Participating Communities for Solid Waste Disposal Support Services, dated September 1, 2012, is executed by and between Broward County, a political subdivision of the state of Florida ("County"), and [_] a municipal corporation ("Participating Community"). County and Participating Community are sometimes each individually referred to as a "Party" and collectively as the "Parties". RECITALS A. In June 2012, County entered into an agreement with Wheelabrator Environmental Systems Inc., a Delaware corporation ("Wheelabrator"), to provide for the disposal of solid waste generated within Broward County ("Original Disposal Agreement"). Subsequently, County and Wheelabrator have entered into two (2) amendments (the Original Disposal Agreement and its amendments, including the Global Amendment, are collectively referred to as the "Solid Waste Disposal Agreement"). B. County and Participating Community (and other similarly situated Broward County municipalities) entered into an interlocal agreement for solid waste disposal support services, dated September 1, 2012 ("Original Interlocal Agreement"), so that Broward County municipalities might benefit from the disposal capacity provided through the Solid Waste Disposal Agreement. The Original Interlocal Agreement was amended with a first amendment, the template for which was approved by action of the Broward County Board of County Commissioners on February 27, 2018, Agenda Item 58.13. ("First Amendment"), wherein each Participating Community selected Wheelabrator to provide waste disposal services (the Original Interlocal Agreement and First Amendment are collectively referred to as the "Interlocal Agreement"). C. The Solid Waste Disposal Agreement and the Interlocal Agreement each expire on July 2, 2023, unless extended. D. The Solid Waste Disposal Agreement allows County to renew its term for an additional five (5) years through July 2, 2028, provided (in addition to certain other conditions) there are waste disposal commitments from municipalities within Broward County whose residents and businesses collectively generate at least 500,000 tons of residential and commercial Waste (as defined in the Solid Waste Disposal Agreement and otherwise known as "Contracted Processable Waste" in the Global Amendment and this Second Amendment) on an annual basis. E. The Parties wish to continue working cooperatively, diligently, and in good faith with one another to find regional, cost-effective, and environmentally sustainable solutions to dispose of solid waste. The Parties desire to further that goal by entering into this Second Amendment to extend the term of the Interlocal Agreement by another five (5) yea rs. Second Amendment to September 1, 2012, ILA for Disposal Services Page 1 of 6 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Participating Community hereby agree as follows: 1. The above Recitals are true and correct and are incorporated herein as if set forth in full hereunder. All capitalized terms not expressly defined within this Second Amendment shall retain the meaning ascribed to such terms in the Solid Waste Disposal Agreement or the Interlocal Agreement, as applicable. 2. The Interlocal Agreement is hereby renewed for a five (5) year period, commencing July 3, 2023, through July 2, 2028 (the "Renewal Period"). 3. During the full term of the Renewal Period, Participating Community shall collect, transport, deliver, and deposit all Contracted Processable Waste within its boundaries to/at the appropriate receiving facility of Wheelabrator in accordance with the Solid Waste Disposal Agreement. 4. In addition to the Contracted Processable Waste referenced in paragraph 3 above, throughout the Renewal Period, Participating Community shall collect, transport, deliver, and deposit all the following waste (as indicated by checking "Yes" below) within its boundaries to/at the appropriate receiving facility of Wheelabrator in accordance with the Solid Waste Disposal Agreement, except for waste or recycling material that is transported outside of the state of Florida. Yard Waste ❑ Yes ❑ No Bulk Trash ❑ Yes ❑ No Construction and Demolition Debris ❑ Yes ❑ No 5. Pursuant to Article 8(B) of the Solid Waste Disposal Agreement, County must provide notice to Wheelabrator not less than eighteen (18) months prior to the expiration of the Renewal Period if it intends on exercising an additional renewal term, which would commence July 3, 2028 ("Additional Renewal Period"). If Participating Community does not intend to extend the Interlocal Agreement for the Additional Renewal Period, it must give written notice to County at least twenty-one (21) months prior to the expiration of the Renewal Period. Unless such written notice is timely sent to County, Participating Community shall be deemed to have renewed this Interlocal Agreement through July 3, 2028, and Participating Community acknowledges that County will rely on Participating Community renewing the Interlocal Second Amendment to September 1, 2012, ILA for Disposal Services Page 2 of 6 Agreement in making its decision on whether to extend the Solid Waste Disposal Agreement for the Additional Renewal Period. 6. Participating Community hereby authorizes County to provide an executed copy hereof to Wheelabrator to evidence Participating Community's commitment for the entirety of the Renewal Period. 7. Participating Community understands that the services to which it is obligating itself by executing this Second Amendment, and that the terms and conditions under which those services will be provided, are those specified in the Solid Waste Disposal Agreement. 8. Preparation of the Second Amendment has been a joint effort of County and Participating Community, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 9. In the event of any conflict or ambiguity between this Second Amendment and the Interlocal Agreement, the Parties agree that this Second Amendment shall control regarding the matters set forth herein. The Interlocal Agreement, as amended by this Second Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Second Amendment that are not contained in the Interlocal Agreement as previously amended or as amended by this Second Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10. This Second Amendment shall become effective at such date as the Broward County Board of County Commissioners renews or extends the Solid Waste Disposal Agreement, the option for which may be exercised once County has received waste disposal commitments from municipalities whose residents and businesses collectively generate 500,000 tons of Contracted Processable Waste on an annual basis. County shall not be liable to Participating Community, or any third party, for the action, inaction, or breach of a contractual obligation by Wheelabrator, including but not limited to any refusal by Wheelabrator to renew or extend the Solid Waste Disposal Agreement. 11. This Second Amendment may b-- fully executed in multiple copies by the parties, which together shall have the force and effect of an original document. [Signatures Begin on the Next Page] Second Amendment to September 1, 2012, ILA for Disposal Services Page 3 of 6 IN WITNESS WHEREOF, the Parties hereto have made and executed this Second Amendment: Broward County, through its County Administrator, authorized to execute same by Board of County Commissioners action on the day of , 20 , and [_], signing by and through its duly authorized to execute same. COUNTY WITNESS: BROWARD COUNTY, by and through its County Administrator Signature of Witness By Bertha Henry day of 20 Print Name of Witness Signature of Witness Print Name of Witness 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 By: [Name] (Date) Assistant County Attorney By: [Name] (Date) Deputy County Attorney Second Amendment to September 1, 2012, ILA for Disposal Services Page 4 of 5 SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL SUPPORT SERVICES BETWEEN BROWARD COUNTY AND PARTICIPATING COMMUNITY WITNESS: Print or type name WITNESS: ATTEST: By: City Clerk PARTICIPATING COMMUNITY PARTICIPATING COMMUNITY By: By: Mayor day of , 20 Print or type name City Manager APPROVED AS TO FORM: [_], City Attorney By: City Attorney Second Amendment to September 1, 2012, ILA for Disposal Services Page 6 of 6