Agenda 03/28/2023 Item #11E (Disposal Capacity Agreement with Okeechobee Landfill Inc., a Fl. Corporation, for a five year term beginning July a, 2023)03/28/2023
EXECUTIVE SUMMARY
Recommendation to accept and approve an Amended and Restated Disposal Capacity Agreement with
Okeechobee Landfill, Inc., a Florida Corporation, for a term of five years, beginning July 1, 2023, with the
opportunity to extend the Agreement for an additional 5 years with both parties’ agreement, providing for
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: In 2022 and 2023, the Disposal Capacity Agreement (“DCA”) was instrumental in
preserving airspace at the County’s only active landfill by providing a final disposal site for storm debris generated
from Hurricane Ian.
The DCA reserves airspace for storm generated debris and provides for the transfer and disposal of biosolids and
solid waste. The DCA was originally approved by the Board on June 12, 2001, as the second amendment to the
Landfill Operating Agreement (“LOA”). The DCA was renewed as Amendment 6 to the LOA on July 1, 2011, for
a ten-year term, and was subsequently extended on May 12, 2021, for an additional 1-year term with two 1-year
renewal options.
This Amended and reinstated DCA includes the following changes from the original DCA:
1. A single 5-year term, with an opportunity to extend for an additional 5 years on both parties agreement.
2. Re-establishes an airspace capacity for solid waste at Okeechobee landfill of 930,000 tons.
3. A biosolids rate increase of 13% and hurricane generated debris rate increase of 5%. There are no
additional rate increases related to biosolids and hurricane generated debris for the first 18 months of the
agreement. All other rates remain the consistent with previous agreement rates.
4. The annual inflation rate adjustment is capped at 5% with a minimum of 2% annually, based on the garbage
inflation index. The previous agreement did not include rate adjustment caps or minimums.
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
per year from Fund 408 and solid waste at approximately $2,000,000.00 from Fund 470. Values do not reflect costs
potentially incurred because of a natural disaster and are dependent on consumer price index.
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 as to form and legality, and requires majority vote for
Board approval. -SRT
RECOMMENDATION: To accept and approve the attached Amended and Restated Disposal Capacity
Agreement with Okeechobee Landfill, Inc., a Florida Corporation, for a term of five years, beginning July 1, 2023,
with the opportunity to extend the Agreement for an additional 5 years with both parties’ agreement, providing for
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03/28/2023
the transfer and disposal of biosolids, and to reserve airspace for storm generated debris from a natural disaster.
Prepared by: Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management Division
ATTACHMENT(S)
1. 6thAmend2_Extension DCA 2022-2023 Extension (PDF)
2. Amended Restated DCA Final 02.17.23 CAO stamped & initial (PDF)
3. 6thAmend1_Extension of DCA 2021-2022 Extension (PDF)
4. 6thAmend DCA _ bio hurricane 2011-2021 (PDF)
5. 5th_Exhibit_DCA 2001- 2011 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 24675
Item Summary: Recommendation to accept and approve an Amended and Restated Disposal Capacity Agreement
with Okeechobee Landfill, Inc., a Florida Corporation, for a term of five years, beginning July 1, 2023, with one
five (5) year renewal option, providing for the transfer and disposal of biosolids, and to reserve airspace for storm
generated debris from a natural disaster. (Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste
Management Division)
Meeting Date: 03/28/2023
Prepared by:
Title: – Solid and Hazardous Waste
Name: Jennifer Anderson
02/28/2023 8:48 AM
Submitted by:
Title: – Solid and Hazardous Waste
Name: Kari Hodgson
02/28/2023 8:48 AM
Approved By:
Review:
Procurement Services Ana Reynoso Level 1 Purchasing Gatekeeper Completed 02/28/2023 9:42 AM
Solid and Hazardous Waste Kari Hodgson Additional Reviewer Completed 03/02/2023 1:36 PM
Solid and Hazardous Waste Bart Zautcke Additional Reviewer Completed 03/02/2023 2:05 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
03/06/2023 9:00 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/06/2023 10:55 AM
Procurement Services Sue Zimmerman Additional Reviewer Completed 03/06/2023 12:27 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/06/2023 12:45 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/07/2023 9:53 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/14/2023 9:54 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/14/2023 10:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2023 3:12 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/17/2023 4:53 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/21/2023 3:52 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/28/2023 9:00 AM
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11.E.a
Packet Pg. 373 Attachment: 6thAmend2_Extension DCA 2022-2023 Extension (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 374 Attachment: 6thAmend2_Extension DCA 2022-2023 Extension (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 375 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 376 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 377 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 378 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 379 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 380 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 381 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 382 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 383 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 384 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 385 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 386 Attachment: Amended Restated DCA Final 02.17.23 CAO stamped & initial (24675 : Approve an Amended & Restated Disposal Capacity
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Packet Pg. 387 Attachment: 6thAmend1_Extension of DCA 2021-2022 Extension (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 388 Attachment: 6thAmend1_Extension of DCA 2021-2022 Extension (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 389 Attachment: 6thAmend DCA _ bio hurricane 2011-2021 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 390 Attachment: 6thAmend DCA _ bio hurricane 2011-2021 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 391 Attachment: 6thAmend DCA _ bio hurricane 2011-2021 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 392 Attachment: 6thAmend DCA _ bio hurricane 2011-2021 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 393 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 394 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 395 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 396 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 397 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 398 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 399 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 400 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 401 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 402 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)
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Packet Pg. 403 Attachment: 5th_Exhibit_DCA 2001- 2011 (24675 : Approve an Amended & Restated Disposal Capacity Agreement)