Agenda 05/24/2022 Item #16C 6 (Renewal of Disposal Capacity Agreement w/Okeechobee Landfill, Inc., ending July 1, 2023)05/24/2022
EXECUTIVE SUMMARY
Recommendation to exercise the option to renew the Disposal Capacity Agreement with
Okeechobee Landfill, Inc., a Florida Corporation for a term of one year ending July 1, 2023, with
one year renewal option remaining, providing the transfer and disposal of biosolids, and to reserve
airspace for storm generated debris from a natural disaster.
OBJECTIVE: To continue to maximize the airspace in the County owned landfill by reserving airspace
at Okeechobee Landfill for storm generated debris and to continue to allow diversion of odorous
materials, such as biosolids.
CONSIDERATIONS: On June 12, 2001, the Board approved the Second Amendment to the Landfill
Operating Agreement (LOA), that included provisions for additional lined landfill disp osal capacity at the
Okeechobee Landfill. It also included a Disposal Capacity Agreement (DCA) that provided the County
the right to deliver a capped amount of solid waste and storm debris disposal, and an uncapped amount of
special waste disposal, including biosolids, for a term of 10 years ending July 1, 2011.
On June 14, 2011, the Board approved the Sixth Amendment to the LOA, thereby amending the DCA and
extending the County’s right to deliver solid waste to the Okeechobee Landfill until the County has
delivered the maximum tonnage (“Capped Amount”) of 930,000 tons and further extend the term for
which storm debris and biosolids could be disposed of through the DCA for an additional 10 years ending
July 1, 2021.
On May 12, 2021, the DCA related to disposal of biosolids and storm debris, was extended and amended
for an additional one year with two successive one-year renewal options. The capped amount of solid
waste delivered has not been met.
Okeechobee Landfill, Inc. has informed staff that there is capacity available for storm debris generated
waste and biosolids, and the extension is acceptable. As such, exercising the renewal provides disposal
capacity for these waste streams and preserves the County landfill airspace. No other terms are propose d
to change.
The DCA preserves Collier County Landfill airspace by allowing hurricane generated debris to be
diverted and provides an alternate disposal option for odor conducive materials such as biosolids. The
Okeechobee Landfill is operated by Waste Management of Florida, Inc., the same vendor that operates
the Collier County Landfill. Collier County’s landfill holds a valued reputation of compliance and is
utilized as a training landfill for solid waste operators and industry professionals.
FISCAL IMPACT: Funding is budgeted in the Water-Sewer District Operating Fund (408) for disposal
of biosolids. Each fiscal year the transportation and disposal of biosolids are budgeted at approximately
$2,600,000. Values do not reflect costs potentially incurred because of a natural disaster and are
dependent on consumer price index (CPI).
GROWTH MANAGEMENT IMPACT: This amendment complies with the County’s Growth
Management Plan and is aligned with the Board approved 2006 Integrated Solid Waste Management
Strategy that supports the guiding principle for landfill airspace preservation and diversion to save the
County’s landfill airspace for growth.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
16.C.6
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05/24/2022
for Board action. - JAB
RECOMMENDATION: To exercise the renewal option of the Disposal Capacity Agreement one year
through July 1, 2023, including the option for successive one-year renewal period.
Prepared by: Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management Division.
ATTACHMENT(S)
1. DCA 2022-2023 Extension - WM Initial Executed Document (PDF)
2. LOA Amendment 7 - DCA 2021-2022 Extension (PDF)
3. LOA Amendment 6 (PDF)
4. DCA (PDF)
16.C.6
Packet Pg. 1101
05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 21714
Item Summary: Recommendation to exercise the option to renew the Disposal Capacity
Agreement with Okeechobee Landfill, Inc., a Florida Corporation for a term of one year ending July 1,
2023, with one year renewal option remaining, providing the transfer and disposal of biosolids, and to
reserve airspace for storm generated debris from a natural disaster.
Meeting Date: 05/24/2022
Prepared by:
Title: – Solid and Hazardous Waste
Name: Bart Zautcke
03/16/2022 12:53 PM
Submitted by:
Title: – Solid and Hazardous Waste
Name: Kari Hodgson
03/16/2022 12:53 PM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/16/2022 1:41 PM
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 03/16/2022 5:24 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed 03/17/2022 7:18 AM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 03/18/2022 1:15 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/18/2022 3:59 PM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/18/2022 4:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/28/2022 12:32 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/28/2022 2:48 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/29/2022 4:08 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 05/18/2022 3:28 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
16.C.6
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16.C.6.aPacket Pg. 1103Attachment: DCA 2022-2023 Extension - WM Initial Executed Document (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
16.C.6.aPacket Pg. 1104Attachment: DCA 2022-2023 Extension - WM Initial Executed Document (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
EXTENSION AND AMENDMENT TO A
DISPOSAL CAPACITY AGREEMENT BY AND BETWEEN
COLLIER COUNTY,FLORIDA AND OKEECHOBEE LANDFILL,INC.
THIS EXTENSION and AMENDMENT AGREEMENT is made and entered into this l its day of
May, 2021, by and between Collier County, a political subdivision of the State of Florida (the "County'),
and Okeechobee Landfill, Inc..a Florida corporation("Operator").
RECITALS:
WHEREAS,County and Operator are parties to that certain Disposal Capacity Agreement dated June 12,
2001 (the"Agreement"),which Agreement was first amended on June 14,2011;and
WHEREAS, the parties desire to further amend the Agreement to extend the term and to amend certain
provisions as set forth below;and
WHEREAS, the parties believe the modifications herein are in the best interest of the County and the
Operator.
WITNESSETH:
NOW, THEREFORE, in consideration of the promises and covenants contained herein, and other good
and valuable consideration exchanged amongst the parties, the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by
reference as if set forth fully below.
2. The Term of the Agreement is hereby extended through July 1,2022,unless terminated or extended
as set forth in the Agreement. The term of this Agreement may be further extended for two(2)successive periods
of one(I)year if there is capacity available in the Facility and the extension is mutually acceptable to the County
and Operator.
IN WITNESS WHEREOF, the parties have respectively, by an authorized person or agent,hereunder set
their hands and seals on the date and year first above written.
16.C.6.b
Packet Pg. 1105 Attachment: LOA Amendment 7 - DCA 2021-2022 Extension (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
11•tt?09d
ATTEST:-' '', BOARD OF COUNTY COMMISSIONERS
CRYSTAL'K KR'tZEL,CLERK OF COL IER COUNTY, FLORIDA
k .. Wr` By' 4
Ap Cierk Penny aylor,Ch an
Ilig ure n
Approved o. and legality
Jeffrey A. Isla -ow,County Attorney
II
Okeechobee L dfill, Inc.
By: aml cry
DAur11 M. ik %,, f 2EJe NT
Print Name and Title J
STATE OF FLORIDA
COUNTY OF BArh liSeAck
The foreg Ong instrument was acknowledged before me b means of /physical presence or online
notarization,this J day of Apr;1 ,2021,by DAM mylow,PRES. for Okeechobee
Landfill, Inc. name! tide)
y Personally known to me OR
Has produced as identification
46"44'-)Seal) d4, 1 .
II
COLEENT.HODUWW Notary name:
MY COMMISSION 0 NH 004070
EXPIRES:August Z.2024
d Baidsdltou Notry Pubie Morellos-. .
16.C.6.b
Packet Pg. 1106 Attachment: LOA Amendment 7 - DCA 2021-2022 Extension (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
16.C.6.cPacket Pg. 1107Attachment: LOA Amendment 6 (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
16.C.6.cPacket Pg. 1108Attachment: LOA Amendment 6 (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
16.C.6.cPacket Pg. 1109Attachment: LOA Amendment 6 (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
16.C.6.cPacket Pg. 1110Attachment: LOA Amendment 6 (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1111 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1112 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1113 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1114 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1115 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1116 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1117 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1118 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1119 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1120 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)
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Packet Pg. 1121 Attachment: DCA (21714 : LOA Amendment 8 - Disposal Capacity Agreement Extension)