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Backup Documents 05/24/2011 Item #10BORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP '10 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the ilem.l ROUTING SLIP Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the renNnn of the ('haim,an'c civnzhure draw a line through routine lines #I through 44, complete the checklist- and forward to Sue Filson (line #5). Route to Addressee(s) (I. ist in routing order) Office Initials Date 1. May 24, 2011 Agenda Item Number I OB 2. Original document has been signed /initialed for legal sufficiency. (All documents to be 3. Executive Summary, Exhibits 1, 2 3 and 4 Number of „� Igi I I I copy Executive 4. Franchise Agreement -Waste Management Documents Attached Summary & Exhs. 5. Executive Manager Board of County Commissioners Y SI2t¢ ll 6. Minutes and Records Clerk of Court's Office Franchise Agreements PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who createc/prepared the executive summary. Primary contact information is needed in the event one oI the addressees above_ including Executive Manager, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are lobe delivered to the BCC office only tiller the BCC has acted to approve the item 1 Name of Primary Staff Contact Joe Bellone Phone Number 252 -2351 Agenda Date Item was May 24, 2011 Agenda Item Number I OB Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be Type of Document Executive Summary, Exhibits 1, 2 3 and 4 Number of „� Igi I I I copy Executive Attached Franchise Agreement -Waste Management Documents Attached Summary & Exhs. Franchise Agreement - Choice Y 2 copies each of Environmental Franchise Agreements INSTRUCTIONS & CHECKLIST Filing Fees Account String: 473 - 173413- 649030. Please return I recorded cow of each agreement - Waste Management and Choice Environmental Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from Y contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's �. Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the (late of BCC approval of the .1 c, J document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the Executive Manager in the BCC office within 24 hours of BCC �� approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 05/24/11 enter date) and all changes made during the meeting have been incorporated in the attached document. The �/ ) County Attorney's Office has reviewed the changes, if applicable. Filing Fees Account String: 473 - 173413- 649030. Please return I recorded cow of each agreement - Waste Management and Choice Environmental 1081 FA RENEWAL OF FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES THIS RENEWAL is entered into this47yeAday of May, 2011, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Waste Management Inc. of Florida, hereinafter referred to as "Contractor," collectively stated as the "Parties." RECITALS: WHEREAS, on February 8, 2005, the parties entered into a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services (hereinafter referred to as the "Agreement'); and WHEREAS, Section 2.2 of the Agreement provided that the initial term of the Agreement was to expire September 30, 2013; and WHEREAS, Section 2.3 of the Agreement provides that "This Agreement may be renewed by the County for two (2) additional terrm of seven (7) years each, unless the Contractor gives written notice to the Manager that the Contractor is not willing to renew this Agreement and such notice is delivered at least two (2) years before the expiration of the then current term of this Agreement; and WHEREAS, both parties are satisfied with the arrangement they currently enjoy under the Agreement; and WHEREAS, the County has performed due diligence and market research necessary to make a determination that it would be in the best interest of the County to renew the Agreement, and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that both parties wish to extend the Agreement to September 30, 2020. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. In keeping with Section 2.3 of the Agreement, Collier County hereby exercises its right to renew the Agreement for an additional term of seven years, and Contractor hereby waives its right to not renew the first extension. Accordingly, the Agreement is hereby extended to September 30, 2020. Page I Keys 3. Excepting the first renewal transaction set forth herein, all terms and conditions of the Agreement remain in full force and effect. This Renewal merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. 4. This renewal shall be recorded by the County, at the expense of the County, in the Official Records of Collier County, Florida, within sixty (60) days of approval by the Board of County Commissioners. IN WITNESS WHEREOF, the Parties have executed this Renewal of Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and year first above written. Attest,: ' P DW'TGHT E. BRO('K, Clerk B�- At%�f n tr Elr /r�i' ut erk 1%11itIM;f 0�'t�A Apr �c ved s r form andin f iencv WITNESSES: Print Name: �f�,Li Cv..Jci Pn t e:� BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMA WASTE MANAGEMENT, INC OF FLORIDA, a Florida corporation By: Sig e Printed /Typed Name Printed/Typed Title Page 2 (corporate seal) INSTR 4567637 OR 4686 PG 1595 RECORDED 5/27/2011 3:21 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 „ RENEWAL OF FRANCHISE AGREEMENT FOR 108 SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES THIS RENEWAL is entered into thiso?li-bday of May, 2011, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Waste Management Inc. of Florida, hereinafter referred to as "Contractor," collectively stated as the "Parties." RECITALS: WHEREAS, on February 8, 2005, the parties entered into a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services (hereinafter referred to as the "Agreement "); and WHEREAS, Section 2.2 of the Agreement provided that the initial term of the Agreement was to expire September 30, 2013; and WHEREAS, Section 2.3 of the Agreement provides that "This Agreement may be renewed by the County for two (2) additional terms of seven (7) years each, unless the Contractor gives written notice to the Manager that the Contractor is riot wilh,ig to renew this Agreement and su,;n notic,- is delivered at least two (2) years before the expiration of the then current term of this Agreement; and WHEREAS, both parties are satisfied with the arrangement they currently enjoy under the Agreement; and WHEREAS, the County has performed due diligence and market research necessary to make a determination that it would be in the best interest of the County to renew the Agreement, and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that both parties wish to extend the Agreement to September 30, 2020. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: The foregoing Recitals are true and correct and are incorporated by reference herein. 2. In keeping with Section 2.3 of the Agreement, Collier County hereby exercises its right to renew the Agreement for an additional term of seven years, and Contractor hereby waives its right to not renew the first extension. Accordingly, the Agreement is hereby extended to September 30, 2020. Page I 100 is 3. Excepting the first renewal transaction set forth herein, all terms and conditions of the Agreement remain in full force and effect. This Renewal merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. 4. This renewal shall be recorded by the County, at the expense of the County, in the Official Records of Collier County, Florida, within sixty (60) days of approval by the Board of County Commissioners. IN WITNESS WHEREOF, the Parties have executed this Renewal of Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and year first above written. Attest:,. p-.anry� DW 6HT E. BLOCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: W. FRED W. COYLE, CHAIRM WASTE MANAGEMENT, INC OF FLORIDA, WITNESSES /: a Florida corporation By: _ Print e: fI, Signature Pri me: %JeFG /GC Printed/TypedjNNaame _\i vc:rz- i(�ESt�I�T Printed /Typed Title (corporate seal) Page 2 108=10 RENEWAL OF FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES THIS RENEWAL is entered into thisa* day of Jpq 2011, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County,-' and Choice Environmental Services of Collier, Inc.. hereinafter referred to as "Contractor," collectively stated as the "Parties." RECITALS: WHEREAS, on February 8, 2005, the County entered into a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services with Immokalee Disposal Company, Inc. (hereinafter referred to as the "Agreement'); and WHEREAS, pursuant to a June 15, 2007 Assignment and Assumption Agreement, approved by the County on September 11, 2007, Immokalee Disposal Company. Inc., assigned all of its right, title and interest in and to the Agreement to Choice Environmental Services of Collier, Inc.; and WHEREAS, on February 28, 2011, Choice Environmental Services, Inc.. became a wholly - owned subsidiary of Swisher Hygiene Inc., Choice Environmental Services, Inc.. is the parent company to Contractor; and WHEREAS, Section 2.2 of the Agreement provided that the initial term of the Agreement was to expire September 30, 2013; and WHEREAS, Section 2.3 of the Agreement provides that "This Agreement may be renewed by the County for two (2) additional terms of seven (7) years each, unless the Contractor gives written notice to the Manager that the Contractor is not willing to renew this Agreement and such notice is delivered at least two (2) years before the expiration of the then current terns of this Agreement; and WHEREAS, both parties are satisfied with the arrangement they currently enjoy under the Agreement; and WHEREAS, the County has performed due diligence and market research necessary to make a determination that it would be in the best interest of the County to renew the Agreement, and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that both parties wish to extend the Agreement to September 30, 2020. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: Page 1 dwiF I . The foregoing Recitals are true and correct and are incorporated by reference herein. 2. In keeping with Section 2.3 of the Agreement. Collier County hereby exercises its right to renew the Agreement for an additional term of seven years, and Contractor hereby waives its right to not renew the first extension. Accordingly, the Agreement is hereby extended to September 30, 2020. 3. Excepting the first renewal transaction set forth herein, all terms and conditions of the Agreement remain in full force and effect. This Renewal merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. 4. This renewal shall he recorded by the County, at the expense of the County, in the Official Records of Collier County, Florida, within sixty (60) days of approval by the Board of County Commissioners. IN WITNESS WHEREOF, the Parties have executed this Renewal of Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and year first above written. Attest: - DWIf;, ','L :-BR0(..4k, Clerk By: F" 14M* 44 0144two, WITNESSES: n Print Print Name: "c�+li BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 1 `"� w _ FRED W. COYLE, CHAIRMA CHOICE ENVIRONMENTAL SERVICES OF COLLIER, INC. a t 1U corporation By: -- Signature U. Ut ,� IL1 Printed/Typed Name V,:C��i C�f�� l0!!a St'� I SCt ✓t'�ef LI Printed/Typed Title (corporate seal) Page 2 1 INSTR 4567638 OR 4686 PG 1597 RECORDED 5/27/2011 121 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA � REC $18.50 RENEWAL OF FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES THIS RENEWAL is entered into thisc?t/bAday of n9gy, 2011, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Choice Environmental Services of Collier, Inc., hereinafter referred to as "Contractor," collectively stated as the "Parties." RECITALS: WHEREAS, on February 8, 2005, the County entered into a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services with Immokalee Disposal Company, Inc. (hereinafter referred to as the "Agreement "); and WHEREAS, pursuant to a June 15, 2007 Assignment and Assumption Agreement, approved by the County on September 11, 2007, Immokalee Disposal Company, Inc., assigned all of its right, title and interest in and to the Agreement to Choice Environmental Services of Collier, Inc.; and WHEREAS, on February 28, 2011, Choice Environmental Services, Inc., became a wholly- owned subsidiary of Swisher Hygiene Inc., Choice Environmental Services, Inc., is the parent company to Contractor; and WHEREAS, Section 2.2 of the Agreement provided that the initial term of the Agreement was to expire September 30, 2013; and WHEREAS, Section 2.3 of the Agreement provides that "This Agreement may be renewed by the County for two (2) additional terns of seven (7) years each, unless the Contractor gives written notice to the Manager that the Contractor is not willing to renew this Agreement and such notice is delivered at least two (2) years before the expiration of the then current term of this Agreement; and WHEREAS, both parties are satisfied with the arrangement they currently enjoy under the Agreement; and WHEREAS, the County has performed due diligence and market research necessary to make a determination that it would be in the best interest of the County to renew the Agreement, and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that both parties wish to extend the Agreement to September 30, 2020. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as follows: Page I w r 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. In keeping with Section 2.3 of the Agreement, Collier County hereby exercises its right to renew the Agreement for an additional term of seven years, and Contractor hereby waives its right to not renew the first extension. Accordingly, the Agreement is hereby extended to September 30, 2020. 3. Excepting the first renewal transaction set forth herein, all terms and conditions of the Agreement remain in full force and effect. This Renewal merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. 4. This renewal shall be recorded by the County, at the expense of the County, in the Official Records of Collier County, Florida, within sixty (60) days of approval by the Board of County Commissioners. IN WITNESS WHEREOF, the Parties have executed this Renewal of Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and year first above written. Attest: DWI9,'T : if QCK, Clerk `a l {jiN1t WITNESSES: Print Print Name: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: W, c aK FRED W. COYLE, CHAIRM CHOICE ENVIRONMENTAL SERVICES OF COLLIER, INC. a or, cla corporation By: Signature Printed /Typed Name ��CotP�i� iUL',isd �SeC v c Iz�4 Printed /Typed Title (corporate seal) Page 2 n item Meeting Date m e d b oZT < E* O o O z o � � o 0 rn Cn a) o Q O (D O rn CD O C (D �-+- (D -f, � -� 3 l< Q ® - . �� N� cn (D c� c 0 U) ® CD o o v Q) m (D �c O 3 (D C7 + N W CD (DD CD '_'' CD O c — O CAD �. O. 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