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County Administrator's Report 10. 7.

BCC Regular Meeting

Technical/Public Service Consent

Meeting Date:	11/03/2016
Issue: First Amendment to the Interim Interlocal Agreement for Materials Recovery Facility
From:	Pat Johnson
Department:	Waste Services
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the First 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 First Amendment to the Interim Interlocal Agreement for Materials Recovery Facility:

A. Approve the First Amendment to the Interim Interlocal Agreement for Materials Recovery Facility, amending Paragraph 4(a), "Operation of the MRF," to increase the tonnage of delivered recyclables from 40,000 to 55,000, and to add "commercial" in addition to residential single stream recyclables; and amending Paragraph 6, "Term," to amend the Term of the Agreement to end September 30, 2021 (approximately five years from the initial start date as provided by Emerald Coast Utilities Authority (ECUA); and

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

BACKGROUND:

On October 22, 2015, Escambia County (County) and Emerald Coast Utilities Authority (ECUA) entered into an Interlocal Agreement for Interim Materials Recovery Facility (IMRF) which was set to begin on the Effective Date and end three years after the MRF to be constructed by ECUA becomes operational. Per correspondence from ECUA, the MRF became operational on September 26, 2016. The Agreement provides that the Term may be extended in the event the AMMRF is not yet operational (Paragraph 6), and that the Agreement may be amended only by a written agreement signed by an authorized representative of each Party (Paragraph 18). Both parties would like to amend the Term of the existing agreement to September 30, 2021.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Kristin Hual has reviewed the First Amendment to the Interim Interlocal Agreement for Materials Recovery Facility for form and legal sufficiency.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

The Agreement may be amended only by a written agreement signed by an authorized representative of each party.

IMPLEMENTATION/COORDINATION:

The First 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
Amendment
Interlocal Agreement_10/22/2015
Ltr from ECUA_10_10_2016
Recycling Credits