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  County Administrator's Report     11. 4.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 04/16/2019  
Issue:    Second Amendment to the Interim Interlocal Agreement for Materials Recovery
From: Pat Johnson
Department: Waste Services  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Second Amendment to the Interim Interlocal Agreement for Materials Recovery Facility - Patrick T. Johnson, Waste Services Department Director

That the Board take the following action regarding the Second Amendment to the Interim Interlocal Agreement for Materials Recovery Facility:

A. Approve the Second Amendment to the Interim Interlocal Agreement for Materials Recovery Facility, amending as described therein, Paragraph 2, "County's Lease of Real Property"; Paragraph 3, "ECUA to Construct MRF"; Paragraph 5, "Yard Trash"; Paragraph 6, "Term"; and to add Paragraph 20, "Termination for Cause".

B. Authorize the Chairman to sign the Second Amendment to the Interim Interlocal Agreement for Materials Recovery Facility.

[Funding:  Fund 401, Solid Waste Fund; Cost Centers 230306 (Recycling) and 230314 (Landfill Operations)]
BACKGROUND:
On October 22, 2015, Escambia County (County) and Emerald Coast Utilities Authority (ECUA) entered into an Interlocal Agreement for an Interim Materials Recovery Facility (IMRF) which became operational on September 26, 2016.  On November 3, 2016, this Agreement was amended to extend the term  and tonnage.  The Second Amendment to the Interim Materials Recovery Facility (IMRF) provides for changes to the Agreement to allow the County and ECUA to better provide services to the citizenry of Escambia County.  Paragraph 18, "Amendment" provides for amendment only by a written agreement signed by an authorized representative of each Party. Both parties would like to amend the agreement per the terms therein.
BUDGETARY IMPACT:
The Agreement will cause a reduction of revenue in Fund 401, Solid Waste Fund, but will reduce operational expenses in Cost Centers 230306 (Recycling) and 230314 (Landfill Operations).  In addition, this amendment provides material handling to offset BCC landfill operating expenses at a competitive rate, extends the BCC's recycling effort for the citizens of Escambia County, and continues to provide BCC recycling credits per the Department of Environmental Protection. 
LEGAL CONSIDERATIONS/SIGN-OFF:
Senior Assistant County Attorney Stephen West has reviewed the Second Amendment to the Interim Interlocal Agreement for Materials Recovery Facility for form and legal sufficiency. 
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
Paragraph 18, "Amendment", provides that the agreement may be amended only by a written agreement signed by an authorized representative of each party.  This recommendation is consistent with the provisions of the Escambia County Code of Ordinances, Chapter 46, Finance, Article II, Purchases and Contracts.
IMPLEMENTATION/COORDINATION:
The Second Amendment to the Interim Interlocal Agreement for Materials Recovery Facility will be delivered to the Emerald Coast Utilities Authority after the Clerk's Office has completed its recording for the Board's Minutes.

Attachments
Second Amendment Interlocal_MRF
Interlocal Agreement_10_22_2015
First Amendment_MRF_11_03_2016
Memo Interim Co Admin_2nd Amendment_03_18_2019

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