Backup Documents 05/28/2019 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK c 5/30/19
4. BCC Office Board of County l.NJ
Commissioners / / �`��
5. Minutes and Records Clerk of Court's Office
cS 6 D(ti =091)r''`--
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Kari Hodgson,PE,Director,Solid and Phone Number 252-2504
Contact/Department Hazardous W e Management Division /
Agenda Date Item was 5/28/19 Agenda Item Number 11-A �/
Approved by the BCC �"
Type of Document Second Renewals-Waste Management and Number of Original One of each
Attached Waste Connections Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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!
8. The document was approved by the BCC on 5/28/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. ' this line.
9. Initials of attorney verifying that the attached document is the version approved by the -Z4B4 KlN/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for titer..., -y an option for
Chairman's signature. V , Vel this line.
[04-COA-01081/1344830/111:Forms!County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1A
MEMORANDUM
Date: May 31, 2019
To: Kari Hodgson, Director
Solid & Hazardous Waste Management Division
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re Second and final renewal option of the Franchise Agreements
for Solid Waste, Recyclable Materials, and Yard Trash Collection
Services with Waste Management Inc. of Florida, and Waste
Connections of Florida, Inc.
Attached for your records are copies of the documents referenced above, (Item #11A)
approved by the Board of County Commissioners on Tuesday, May 28, 2019.
The original documents are being 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.
Attachment (2)
1 1 A
SECOND RENEWAL OF FRANCHISE AGREEMENT FOR
SOLID WASTE,RECYCLABLE MATERIALS, AND YARD TRASH
COLLECTION SERVICES
THIS SECOND RENEWAL is entered into this 2*Nday of 2019, by and
between Collier County, a political subdivision of the State of Florida, throw 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 County entered into a Franchise Agreement for Solid Waste,
Recyclable Materials, and Yard Trash Collection Services with Waste Management Inc. of Florida
(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 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, on May 24, 2011 the Parties renewed the Agreement for the first additional term of
seven (7) years; and
WHEREAS, both parties are satisfied with the arrangement they currently enjoy under the
Agreement, as extended; 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 for the second
term, and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that
both parties wish to extend the Agreement.
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 (7) years, and Contractor hereby waives its right
to not renew the second extension. Accordingly, the Agreement is hereby extended.
[1 9-WST-00097/1468563/1] Page
114
3. Excepting the second 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 Second Renewal of Franchise
Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and
year first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk OF COLLIER 'i 16, Y, FLORIDA
F,'
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BY: k..t..SOC. By: �.- ltik
At est t0 ti,i'C 1:1+ Clerk
W '-IAM L. v DANIEL, ., CHAIRMAN
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i
WASTE MANAGEMENT INC. OF FLORIDA
••`' a Florida corporation
WITNESSES: " ' ' `''-
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I ./ '—) By: / ,
Print Name: / er)j. /Ila/,1,G,, Signature
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v �'' �---- DA v;6 rhoi H AN
Print ame:' a 0 M.KAPLAN.ASST.sEC Printed/Typed Mine
P,2e5ON7
Printed/Typed Title
Approve as 1 fo (corporate seal)
and legs apt
Ilikk
Jeffrey A la:' kow, County Attorney
item# LE_
__
" 8-219
Date
Date'- �
Recd ._
M .
19-WST-O
[ 0097/1468563/1] Page 2
1 1 A
SECOND RENEWAL OF FRANCHISE AGREEMENT FOR
SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH
COLLECTION SERVICES
THIS SECOND RENEWAL is entered into this 2:8{-1-, day of 2019, by and
between Collier County, a political subdivision of the State of Florida, throw its Board of County
Commissioners, hereinafter referred to as "County," and Waste Connections of Florida, Inc. (f/k/a
Progressive Waste Solutions of FL, 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, from time to time over the past fourteen years the obligations under the Agreement
have been transferred to affiliated entities of Immokalee Disposal Company, Inc. and are now being
performed by Waste Connections of Florida, Inc.; 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 term of this Agreement; and
WHEREAS, on May 24, 2011 the Parties renewed the Agreement for the first additional term of
seven(7) years; and
WHEREAS, both parties are satisfied with the arrangement they currently enjoy under the
Agreement, as extended; 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 for the second
term, and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that
both parties wish to extend the Agreement.
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:
[19-WST-00097/1468562/1] Page 1
I 1 A
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 (7) years, and Contractor hereby waives its right
to not renew the second extension. Accordingly,the Agreement is hereby extended.
3. Excepting the second 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 Second Renewal of Franchise
Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and
year first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kintel,Clerk OF COLLIER C:�r► LORIDA
, _ e--) ,
By: �.: ",� .C. By: _ ..IIIIIk_. .'
A ttst 8S ttb��; t '- Clerk WIL, AM L. M DANIEL, JR., HAIRMAN
signature only. WASTE CONNECTIONS OF FLORIDA, INC.
4.` a Delaware corporation
TNES ES: ,/--- —
,t...�n«. _ By.
Pri,t Name: Sall W n+rve,r ure
: 1—y1er- Ke r,n ,e 4y
P ' ame: P,,,Q°l` i_e __MotS-. Printed/Typed Name
R tori C.on+r oIIec-
Printed1Typed Title
Approv k a ti . (corporate seal)
and t,.alga
l
Jeffrey ' y I ,r kow, County Attorney
[19-W ST-00097/1468562/1} Page 2 0