Agenda 05/26/2009 Item #16C 3
Agenda Item No. 16C3
May 26, 2009
Page 1 of 8
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EXECUTIVE SUMMARY
Recommendation to amend the Franchise Agreement Between Collier County (County)
and Choice Environmental Services of Collier County, Ine, (CES) to implement single
stream recycling in District II enhancing recycling and waste reduction; approve a
necessary budget amendment in the amount of $267,000; and authorize the Chairman of
the Board to execute the amendment to the Franchise Agreement
OBJECTIVE: To amend the Franchise Agreement between CES and County to implement
single stream recycling in District II per the terms and conditions of the Franchise Agreement
enhancing recycling and waste reduction.
CONSIDERATIONS: The County~s Solid Waste Management Department is responsible for
ensuring that the Collier County Landfill has sufficient capacity available for the disposal of the
Countyt s solid waste and for implementing the Integrated Solid Waste Management Strategy
(ISWMS), which was approved by the Board of County Commissioners on December 5, 2006.
The ISWMS includes options related to Source Reduction. Materials Reuse and Recycling,
which will extend the life of the landfill and preserve natural resources which results in
significant cost savings.
Single stream recycling is a system that takes the two recycling ~'streams" collected through the
curbside program (mixed paper and commingled containers) and puts them together in one cart.
_ The impact of single stream recycling is potentially significant. Single stream recycling was first
implemented in District I in October. 2005 and approximately 55% of the single family
residential waste generated in the County is being recycled. Single stream recycling provides
automated collection of the material and a larger container. It is convenient and cost effective to
place and retrieve curbside. Achieving significant recycling participation over the long term will
have a positive impact on preserving landfill airspace.
On February 8, 2005, Agenda Item lOA. the Board of County Commissioners approved the
Franchise Agreement between Collier County and Immokalee Disposal Company, Inc. (IDe) for
the collection of solid waste and recyclables generated in Collier County District II. On
September 11, 2007, The Board of COMty Commissioners approved an Assigrunent and
Assumption Agreement between IDe and CES to assign and transfer to CES all interest in the
District II Franchise Agreement. CES agrees to implement single stream recycling in District II
per the terms and conditions ofthe Franchise Agreement.
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CES has agreed to provide the single stream recycling for an additional $2.00 per year per
residential account. The current annual compensation to CES is $88.80; the revised annual fee is
$90.80. This represents a 2.2% increase in the annual fee. The impact on the individual
residential accoWlt in FY2010 will be no greater than $2.00, resulting from increased recycling
services provided with the benefit of saving landfill airspace. In addition, the Solid Waste
Mandatory Collection fund will purchase the recycling carts, estimated at $267,000. CES win be
responsible for the repair and maintenance of the carts. The County win review the performance
of CBS prior to the end of the current contract term FY2013 and may extend the Franchise
Agreement for an additional two (2) years, based on performance. market conditions and best
value.
Agenda Item No. 16C3
May 26,2009
Page 2 of 8
FISCAL IMPACT: Funds in the amount of $267,000 to purchase 5,750 recycling carts, at an
estimated purchase cost of $46.43 each are available in Fund 473 (Mandatory Collection Fund)
reserves.
GRO\VTH MANAGEMENT IMP ACT: The amendment to the Franchise Agreement is
compliant with the County's Growth Management Plan. The Solid Waste sub-elements of the
Plan promote measures that will maximize the airspace (capacity) available at the landfill and
aligns with the Board approved ISWMS calling for increased recycling to preserve valuable
landfill airspace. The project is essential to the county's goal of environmental stewardship,
growth management compliance, airspace preservation, operational excellence and best value
service.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
RECOMMENDATION: To amend the Franchise Agreement between Collier County and
Choice Environmental Services of Collier County, Inc. to implement single stream recycling in
District II; approve a necessary budget amendment in the amount of $267,000; and authorize the
Chairman of the Board to execute the Amendment to the Franchise Agreement.
PREPARED BY: Mary Jo Thurston, Waste Reduction & Recycling Manager, Solid Waste
Management Department.
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Agenda Item No. 16C3
May 26, 2009
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C3
Recommendation to amend the Franchise Agreement Between Collier County (County) and
Choice Environmental Services of Collier County, Inc. (CES) to implement single stream
recycling in District II enhancing recycling and waste reduction; approve a necessary budget
amendment in the amount of $250,000; and authorize the Chairman of the Board to execute
the amendment to the Franchise Agreement.
Meeting Date:
5/26/2009 90000 AM
Approved By
County Attorney
Assistant County Attorney
County Attorney Office
Date
Scott R. Teach
5/6/200912:01 PM
Approved By
Joseph Bellone
Public Utilities
Operations Supervisor
Public Utilities Operations
Date
S/6f2009 1 :38 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/6f2009 3: 57 PM
Approved By
Mary Jo Thurston
Public Utilities
Waste Reduction & Recycling Manager
Solid Waste Department
Date
Sf7/2009 8:46 AM
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
Date
5f7/2009 9:03 AM
Approved By
Dianna Perryman
Administrative Services
Contract Specialist
Purchasing
Date
5/7/20093:00 PM
Approved By
Daniel R. Rodriguez
Public Utilities
Solid Waste Director
Date
Solid Waste
5/8/20099:20 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Purchasing
Date
Administrative Services
5f8/2009 12:24 PM
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
S/12f2009 1 :31 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/12/20093:34 PM
Approved By
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Agenda Item No. 16C3
May 26, 2009
Page 4 of 8
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
Date
5/12/20094:02 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5115/2009 7: 13 PM
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Agenda Item No, 16C3.
May 26,2009 .
Page 50f 8 .
. Amendment #1 to the
F~CmSE AGREEMENT BETWEEN COLLIER COUNTY
AND CHOICE ENVIRONMENTAL SERVICES OF COLLIER INC.
. .
. .
This First Amendment to a Franchise Agreement is entered into this ~ day of May
2009, by' and between Choice Environmental Services of Collier Inc. (referred to herein as
"Contractor"), and Collier County, Florida.(ref<~rred to h~rein as "County"), collectively stated as
the CIParties."
RECllALS:
WHEREAS, by agreement dated February 8,2005, County and Contractor's predecessor
in interest Immokalee Disposal Company, Inc. ("IDe') entered into a Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash Collection Services (tlte "Franchise
Agreement''); and
WHEREAS, Contractor succeeded to all of the rights and obligations of the Franchise
Agreement pursuant to an assignment ~d assumption agreement dated Juile 15', 2007. which
agreement was approved by the Board of County Commissioners on September 11, 2007; and
WHEREAS, the parties wish to ~end the Franchise Agreement pursuant to the .terms
and conditions set forth herein.
NOW, THEREFORE, in considerl;l.tion 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. Following Contactor's distribution of the Recycling Carts,. ContraCtor will
implement Single Stream Recyclirig to single-family and multi-family residents in 1mm~kalee
District IT in accordance with the tenns and conditions of the FrancJ,1ise. Agreement. Single
. .
Stream means a sys~m that tak~' the two recycling "streams" collected through. the curbside'.
program (mixed paper an~ commingled containers) and puts them together in one cart.
Page 1 of4
Agenda Item No. 16C3
May 26, 2009
Page 6 of 8
(A) Contractor' shall do the foHowing:
1. Provide Single Stream curbside recycling service to single-family and multi-
family residences in Immokalee District II at least once each week. This
service . will be provided on one of the two days that garbage is being
collected, in accordance with the terms and conditions of the Franchise
Agreement.
2. Collect, transport and process Recyclable Materials, in accordance with the
terms and conditions of the Franchise Agreement.
3. Distribute Recycling Carts to Residential Customers for the collection of
reCycled materials within three (3) months following execution of this
Amendment.
4. Maintain Recycling Carts in accordance with the terms and conditions of the
Franchise Agreement.
(B) County shall do the following:
1. County agrees to compensate Choice Environmental Services of Collier Inc.,
an additional $2.00 dollars annually per account for Single Stream Recycling.
Current annual fee $88.80, revised annual fee $90.80.
2. County agrees to directly purchase Recycling Carts for Immokalee District IT
Residential Customers. Maintenance and repair of carts will be the
responsibility Of the Contractor.
3. County agrees to review performance of Contractor- prior to the end of the
current contract term FY2013 and based on perfonnance, market conditions
and best value, may extend the Franchise Agreement for an additional two -(2)
years.
- 3. The following constitute changes to existing clauses in the Franchise Agreement.
Additions' to the existing language in the Franchise Agreement are shown by underline; deletions
from the Agreement are shown bystrikethroughs,
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Agenda Item No. 16C3
May 26,2009.
Page 7 of 8
. 6.1.3 Residential Program Recyclables shall be Set Out for 'Collection in Reeyeliag Bins
Recycling Carts. Cardboard placed in Recycling BiBs- Carts shall be flattened and~ if
necessary, cut to a maximum size of3 ft.'x 3 ft. Flattened Cardboard may also be stacked
and placed outside the Recycling Bin Cart.
. 10.1.2.1 The Contractor shall ensure that each Residential Customer has at least one (1)
RecycHng BiD Cart at all times during the term of this Agreement. Upon request by the
Director, the Contractor shall deliver up to (2) Recycling B4fla Carts to Residential
Customers that do not have them.
. 10.1.2.2 The County shall" provide the Recycling BiBe Carts to the .Contactor for.
distribution.
. 10.1.2.3 The Contractor shall deliver up to two (2) Recycling Bifts Carts to new
Residential Customers within five (5) Days of notification by the Director.
. 10,7 Storage of Recycling BHts Carts.
If requested by the Director~ the Contractor shall store new and replace~ent Recycling.
Bia& Carts arthe Contractor's equipment yard or at another location in Collier County
that is acceptable to' the County. The. Contractor shall pick-up the Recycling BiBa ~
from a location in C~11ier Count)'; as designated b~ the Director, and shall transport the
Recycling Bins Carts to the Contractor's storage' yard, The Recycling BiBs Carts shall be
kept in a safe, secure manner until they are delivered to the Contractor's Customers
'pursuant to this Agreement. Following the initial Recycling Carts delivery to the
Residential Customer. the Contractor shall not be obligated to transport and store more
. .
. .
than one hundred (l00) toouaand (1,000) Recycling Bifla Carts in any month or more
. .
than three hundred (300) thousand (1,000) Recycling BiBs Carts in any Agreement Year.
. .
4. Except as amended, aI' other terms and. conditions of the Franchise Agreement
. remain in lull force and effect. This Amendment and its provisions merge any prior agreements, .
-- if any, between the parties with respect to the matters set forth in this Amendment.
Page 3 of 4
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Agenda Item No. 16C3
M;:lV /6 ?nn~
Pag~ 8 ot ~
IN 'WlTN,E8S wBREOF, the Partios !mve .eXecuted this Amendment to the Franchise' "
" .
.Agieetnont 013 the date imd year first: above written. . .
A1TEST:
CO~cr.OR:
cHOlCERNVIRONMBNTAL SERVICES .
OF COLI.JER INC.
. .
By; '~~L '{J
. Corporate Secretmr/Witness
~..
By; '. ..
PrlntedNam&:' ~ :;;V??Ud~j
Title: ,& ,r-.r .
OWNER:
AT'fEST:' .
, .n~GH'rE:, BROCK, ~erk
, '
BOARD OF COUNlY COMMISSIONERS
OF CO~ COUNTY* FLORIDA
By.
By:
DONNA F.IAl..A, Cbainnsn .
, ~ Deputy Clem
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