CITY OF NORTH LAUDERDALE

PUBLIC WORKS/UTILITIES DEPARTMENT

To: Mayor and City Commission

From: Ambreen Bhatty, City Manager

By: Mike Shields, Director of Public Works

Date: December 8, 2009

Subject: Memo of Understanding (MOU) for Wheelabrator Services

As you may know, the Interlocal (ILA) agreement between the City and Broward County for solid waste disposal services will be expiring in appropriately two years. In anticipation of this, the Resource Recovery Board has been negotiating future options. As it currently stands, the best option appears to stay with Wheelabrator to provide this service.

Although no formal commitment to enter a long term agreement to stay with Wheelabrator is needed at this time, the Resource Recovery Board is looking for a resolution from the City approving terms of a Memorandum of Understanding MOU (see attached). In simple terms, this MOU will give the board a head count of who is and who is not interested in joining a new Interlocal agreement. Please be advised that this MOU does not commit the City to enter into this agreement. A separate resolution will be approved by the City to enter into an ILA Agreement if that is what the City picks as the best option in the future.

Signing and submitting this MOU prior to January 1, 2010 will enable the City to receive $247,219.75, which is a signing bonus offered by Wheelabrator and is based upon our tonnage delivered to the waste-to-energy plants. If we fail to sign the MOU by January 1, 2010, we will not be eligible for the signing bonus later if we decide to enter into an ILA agreement with the County.

Staff will continue to explore other options and alternatives in the coming months but at the present time signing the MOU appears to be the direction the City needs to take to secure our signing bonus.

Recommendation

The City Administration recommends Commission’s consideration and approval of the attached resolution authorizing the signing and submittal of the Memorandum Of Understanding (MOU) between the City, the Broward Solid Waste Disposal District and Wheelabrator, Inc.

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THE TERMS OF THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG BROWARD COUNTY, THE BROWARD SOLID WASTE DISPOSAL DISTRICT, WHEELABRATOR SOUTH BROWARD, INC. AND WHEELABRATOR NORTH BROWARD INC. PROVIDING THAT THIS RESOLUTION SHALL BE BINDING ONLY UPON APPROVAL OF AN ADDITIONAL RESOUTION APPROVING A NEW INTERLOCAL AGREEMENT FOR THE BROWARD SOLID WASTE DISPOSL DISTRICT.

BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

SECTION 1: The Memorandum of Understanding (MOU) attached hereto reflects the material terms agreed to among Broward County, the Broward Solid Waste Disposal District, Wheelabrator South Broward, Inc. and Wheelabrator North Broward Inc., and forms the basis of an amended Service Agreement to replace the current Service Agreements between Broward County and Wheelabrator and all amended versions of same.

SECTION 2: The City Commission of the City of North Lauderdale, Florida, hereby approves the terms of the MOU attached for a term of ten years from August 4, 2011, with an option for ten (10) year extension by mutual agreement.

SECTION 3: This resolution shall be binding only upon the passage of an additional resolution approving a new Interlocal agreement for the Broward Solid Waste Disposal District.

SECTION 4: The City Clerk is herby directed to send a certified copy of this resolution to the Resource Recovery Board and Broward County Board of County Commissioners.

SECTION 5: This Resolution shall become effective immediately upon its passage.

PASSED, ADOPTED AND APPROVED THIS 8^th DAY OF DECEMBER 2009.

APPROVED AS TO FORM:

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CITY ATTORNEY SAMUEL S. GOREN

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MAYOR JACK BRADY

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VICE MAYOR JOHN R. CANGEMI

ATTEST:

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PATRICIA VANCHERI, CITY CLERK