Backup Documents 06/14-15/2011 Item #10A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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ROUTING SLIP
Complete routing lines # I through #4 as appropriate fOf additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's signature, draw a line through routing lines #1 thrall #4, complete the checklist, and forward to SHe-Filli.e.. (t.." #:5).
Route to Addressee(s) Office Initials Date
(List in r tin order)
I.
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original docwnents needing the Bee Chairman's signature are to he delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
3.
4.
5. Ian Mitchell, BCC Office
Su ervlSor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Lf\&C<.- best
--r- 1'5
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o..-I'"\-'"\ <SN I
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
appro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most Jetters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date bas been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BeC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on i../1+/2-0' I (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a (icable.
2.
3.
4.
5.
6.
(.,fl) II
,) 3'7 -.x):J.- S()j1
10
Yes
(Initial)
N/A (Not
A licable)
i~~
NA
I: Forms! eounty Forms/Bee FOffils/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
IDA
MEMORANDUM
Date:
June 17,2011
To:
Linda Jackson Best, Compliance Manager
Solid Waste Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Sixth Amendment to the Landfill Operating Agreement
with Okeechobee Landfill, Inc. (Waste Management Inc. of FL)
extending the Disposal Capacity Agreement for a term of
10 years with a 10 year consecutive extension option
Attached are three (3) original copies of the agreement amendment referenced
above (Item #10A) approved by the Board of County Commissioners June 15, 2011.
The fourth original copy will be held in the Minutes and Records Department for
the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you,
Attachments (3)
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SIXTH AMENDMENT TO
THE LANDFILL OPERATING AGREEMENT
DISPOSAL CAPACITY AGREEMENT
This Sixth Amendment to the Landfill Operating Agreement, Disposal Capacity
Agreement is made and entered into this 1'111 day of :::Tune.. , 2011,
by and between Okeechobee Landfill, Inc" a Florida corporation ("Operator"), and
Collier County, Florida ("County").
Recitals
WHEREAS, County and Operator are parties to that certain Disposal Capacity
Agreement dated June 12, 2001 (the "Agreement"); and
WHEREAS, the parties desire to amend the Agreement to extend the term and
to amend the definition of Solid Waste to include certain types of sludge therein; and
WHEREAS, the parties believe the modifications herein are in the best interests
of the County and Operator.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Section 1 Term is deleted and replaced with the following:
This Agreement shall be effective as of July 1, 2011. The County's right to
deliver Solid Waste to the Facility pursuant to Subparagraph 7.a., below, shall
continue in full force and effect until the date when the County has used its
maximum tonnages available under all of the waste volume options set forth in
Subparagraph 7.a" below. The County's right to deliver storm debris and
special waste to the Facility pursuant to Subparagraphs 7,d. and e" below,
shall continue in full force and effect until July 1, 2021. The term of this
Agreement may be extended for successive periods of ten (10) years if there is
capacity available in the Facility and the extension is mutually acceptable to the
County and the Operator.
2. Section 2d Definitions is deleted and replaced with the following:
d, "Solid Waste" means: sludqe that is not requlated under the federal Clean Water Act
or Clean Air Act. as well as sludqe from a waste treatment works. water supplv
treatment plant. or air pollution control facilitv: or qarbaqe, rubbish. refuse, special
waste. or other discarded material. includinq solid, liquid. semi-solid. or contained
qaseous material resultinq from domestic, industrial, commercial. mininq. aqricultural.
or qoyernmental operations. Materials not requlated as solid waste pursuant to this
chapter are: recovered materials: nuclear source or byproduct materials requlated
under Chapter 404, F,S.. or under the Federal Atomic Enerqy Act of 1954 as amended:
suspended or dissolved materials in domestic sewaqe effluent or irriqation return flows,
1
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or other reoulated point source discharoes; reoulated air emissions; and fluids or
wastes associated with natural oas or crude oil exploration or production. Rule 62-
701.200 (107), F.A.C.
"Special Wastes" means solid wastes that can re~uire special handlino and
manaoement. includino but not limited to, white ooods. waste tires, used oil. lead-acid
batteries. construction and demolition debris. ash residue, vard trash. biolooical
wastes. and mercurv-containino devices and lamps. Rule 62-701.200 (119), F,A,C.
3. Section 12 Notices is deleted and replaced with the following;
All notices required or permitted to be given hereunder shall be in writing and
shall be deemed given if delivered in person, by telecopy, by an overnight
delivery service, or by certified or registered mail to the other party at the
following addresses;
If to Operator:
Okeechobee Landfill
10800 NE 128th Avenue
Okeechobee, FL 34972
Attention: Tony Bishop
with a required copy to:
Waste Management Inc, of Florida
2700 Wiles Road
Pompano Beach, FL 33073
Attention: Ronald Kaplan, Esq.
If to County:
Collier County
3299 Tamiami Trail East
Suite 202
Naples, Florida 33962
Attention: County Manager
with a required copy to:
Collier County
3299 Tamiami Trail East
Suite 800
Naples, Florida 33962
Attention: County Attorney
2
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Any party may change the addresses or persons to which notices are to be sent
by giving notice to the other party.
4, All provisions not specifically modified herein shall remain in full force and
effect.
IN WITNESS WHEREOF, this Agreement has been signed by the authorized
representatives of the parties effective the date specified above.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date(s)
indicated below,
Accepted:
:r L,C.Il.t. If I
,2011
CONTRACTOR:
OWNER:
Waste Mana~ of Florida
By: ~ ,
-t(.&./... \\S- .1L\tS ~\CO ~~\~
Print Name and Title \
BOARD OF COUNTY COMMISSIONERS
COLLIER ~NTY FLORIDA
W~
By: .
Fred W. Coyle, Chalrma
ATT. .EST',' "':"'''''''' t~,
. ~.~y' , ., ..-,
..::./ . ......,:-<'1.
~~~
Approved as tofltJr'm and
Legal sufficiency:
By:
~13~~
Assistant County Attorney
:rE 10 tJ \ f"E.. f1.- 13 . w'-'II-n,-
Print Name
CONTRACT SPECIALIST
?J~ r~
By:
Nicole Parker
llem# ~
Agenda I" _I W\
Date '1L_lIJ
Date (1'1...11.-11
Rec'd UL.lI'q.l.
3
STATE OF FLORIDA
COUNTY OF BROW ARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared,
TIMOTHY HAWKINS, Vice President of Waste Management Inc. of Florida, to me
known to be the person described in and who executed the foregoing instrument on
behalf of Waste Management Inc. of Florida.
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1l
WITNESS my hand and official seal in the County and State last aforesaid, this / cJ day
of~2011.
~rsonally known to me OR
_has produced
_who did take an oath or
_who did not take an oath
as identification and
~d.)~ (1j
Notary name: ~
Seal (Commission)Number
~~~~ PUe, ROSAllNA VEGA.
.0.".... '0 M~COMMISSION#EE019003
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