Agenda 10/22/2024 Item #16C 5 (Negotiate and scure continuation of existing best value services for Solid Waste, Recyclable Materials, and Yard Trash collection with Waste Management Inc.)10/22/2024
Item # 16.C.5
ID# 2024-1153
Executive Summary
Recommendation that the Board of County Commissioners direct the County Manager or her designee to negotiate and
secure continuation of existing best value services for Solid Waste, Recyclable Materials, and Yard Trash collection with
Waste Management Inc., of Florida, and Waste Pro of Florida, Inc., and to bring back negotiated agreements for
consideration and approvals.
OBJECTIVE: To negotiate and secure continued collection services for solid waste, recyclable materials, and yard
trash with Waste Management Inc., of Florida, and Waste Pro of Florida, Inc., and to bring back negotiated agreements
for consideration and approvals.
CONSIDERATIONS: The current Franchise Agreements with Waste Management Inc. of Florida (WMIF) and Waste
Pro of Florida, Inc. (WP) (as successor to Waste Connections of Florida, Inc., formerly known as Progressive Waste
Solutions of FL, Inc.) were approved by the Board of County Commissioners (Board) on February 8, 2005, as Agenda
Item 10.A. Section 2.2 of the existing Agreements established the initial eight-year term, effective October 1, 2005,
and ending on September 30, 2013, at 11:59 PM. A seven-year renewal was approved by the Board on May 24, 2011,
as Agenda Item 10.B., effective October 1, 2013, through September 30, 2020. A second seven-year term renewal was
approved by the Board on May 28, 2019, as Agenda Item 11.A, effective October 1, 2020, through September 30, 2027.
Given the high-value and potential public health and welfare impacts of solid waste, recyclable materials, and yard trash
collection, the best management practices include securing long-term contracts years prior to the expiration of the
current contracts. The current agreements expire September 30, 2027, and have no remaining renewals. Both
contractors have provided letters expressing their interest in negotiating extensions to the existing Agreements (Exhibit
A).
The County has two MSBU Districts that delineate the solid waste, recyclable materials, and yard trash collection
service areas in unincorporated Collier County, including the City of Everglades City and City of Marco Island through
interlocal agreements (Exhibit B). Services include twice per week garbage collection and once per week service for
recycling, yard waste, and bulk waste collection. In total, there will be over 20 million collections in FY2025, with a
low complaint rate currently at approximately 0.2% over the last year. SCS Engineers, a recognized industry expert
providing solid waste consulting services throughout Florida and the U.S. conducted an analysis of options to secure
best value solid waste collection services for Collier County.
The consultant provided the following bottom line: “Based on the current level of services, quality of services
provided, cost of services, and market conditions, negotiating and extending the existing agreements is the best
value option for the County.” (Exhibit C). Staff concurs with the consultant’s assessment.
WMIF and WP actively support the Board approved Integrated Solid Waste Management Strategy with capital
infrastructure and program investment aligned with the Enduring Guiding Principles to sustain environmental and
growth management, airspace preservation, operational excellence, and best service value. This support is demonstrated
through initiatives including, but not limited to:
• Strong public/private community partnerships that support public health and safety through safe and compliant
waste collection and disposal.
• Guaranteed recyclable commodity management during a volatile global market.
• Introduction of over 90 Compressed Natural Gas (CNG) collection fleet vehicles.
• Construction of a $2M CNG fueling station, decreasing impacts of fleet emissions on air quality in the County.
• Specified liquid damages for service-related issues (FY2023 unresolved incidents: 0.2%).
• Utilization of automated collection fleet to service approximately 400,000 collections weekly.
• Active contributor under two declared emergency and hurricane debris recovery missions.
FISCAL IMPACT: The FY2025 budgeted collections contract operating expense is $17,855,300 in MSBU District I
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10/22/2024
Item # 16.C.5
ID# 2024-1153
and $1,329,800 in MSBU District II. These expenses are funded through an annual assessment on the non-ad valorem
section of the tax bill in the Mandatory Trash Collection Fund 4073. The FY2025 annual assessment is $255.52.
Franchise Agreements protect the fiscal stability of the County’s enterprise fund with specific language and limitations
on annual price increases.
GROWTH MANAGEMENT IMPACT: Continuity of collection services is consistent with the Solid Waste Sub-
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
-SAA
RECOMMENDATIONS: The Board of County Commissioners direct the County Manager or her designee to
negotiate and secure continuation of existing best value services for Solid Waste, Recyclable Materials, and Yard Trash
Collection Services with Waste Management Inc., of Florida, and Waste Pro of Florida, Inc., and bring back
recommendations for consideration.
PREPARED BY: Kari Ann Hodgson, P.E., Director, Solid & Hazardous Waste Management
Bart Zautcke, C.P.A, Manager Operations-Finance, Solid & Hazardous Waste Management
ATTACHMENTS:
1. Exhibit A - Letters from WP and WMIF
2. Exhibit B - Municipal Services Benefit District Map
3. Exhibit C - Franchise Solid Waste Collection Agreement Analysis by SCS Engineers
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July 21, 2023
Transmitted Via Email: kari.hodgson@colliercountyfl.gov
Ms. Kari Ann Hodgson, P.E.
Division Director
Collier County Solid & Hazardous Waste
3339 Tamiami Trail East, Suite 302
Naples, FL 34112
Subject: Collier County Landfill (CCLF)
Resource Recovery Business Park (RRBP) Ancillary Solid Waste Operations
Dear Ms. Hodgson,
Thank you for meeting and discussing the Collier County Landfill (CCLF) ancillary solid waste operations proposed
at the Resource Recovery Business Park (RRBP). Please accept this as Waste Management Inc. of Florida’s (WMIF)
interest in building a transfer station and construction and demolition (C&D) facility to be operated by WMIF,
which will help accommodate relocating the existing CCLF C&D MRF currently located on the landfill property.
We feel these proposed operations are aligned with the County’s innovative solid waste strategies and will help
accommodate future diversions and maximize the CCLF airspace.
We are also interested in pursuing a RNG facility at the RRBP that will replace the WMRE Gas to Energy (GTE)
facility located onsite at CCLF, along with the continuation/extension of our current collection service.
We feel the above partnership projects will help continue to support the County’s solid waste and sustainability
initiatives and look forward to speaking with you regarding the details of each.
Please feel free to call me at (863) 623-7829 once you have had a chance to review the above.
Sincerely,
On Behalf Of:
Matthew Orr
Area Director, Post Collection Operations
Waste Management Inc. of Florida
Cc: Lisa McNeight (WMIF via email)
Rick Kania (WMIF via email)
Jack Connor (WMIF via email)
Larry Berg (WMIF via email)
David Phillips, P.E. (WMIF via email)
Waste Management
3750 White Lake Blvd.
Naples, FL 34116
(239) 455-8062 Office
(239) 455-0853 Fax
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G u l f O f M e x i c o
-
Map Prepared by Collier County IT/GIS
SERVICE DISTRICTS
DISTRICT I
G G
G G
DISTRICT II
0 3 6 9 121.5 Miles 1:500,000
Collier County, Florida This map is a representation of compiled public information. It is believed to be an accurate and true depiction for the stated purpose,but Collier County and its employees make no guarantees, implied orotherwise as to the accuracy of completeness. We therefore do notaccept any responsibilities as to its use. This is not a survey nor is it to be used for design.
Solid Waste Collections
Scale :
District I & II
US 41 SR 29Marco
Naples
EvergladesCity
LEE COUNTY
HENDRY COUNTY
COLLIER COUNTY
MONROE COUNTY
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9500 South Dadeland Boulevard, Suite 610, Miami, FL 33156 | 305-412-8185
Environmental Consultants & Contractors
September 4, 2024
File No.: 09221168.02
MEMORANDUM
TO: Kari Ann Hodgson, P.E., Solid and Hazardous Waste Management Division Director
COPY: Bart Zautcke, Manager Operations - Finance, Solid and Hazardous Waste Management
Division
FROM: Daniel Dietch
SUBJECT: Franchise Solid Waste Collection Agreements
1 BOTTOM LINE
Collier County’s Franchise Agreements with Waste Management Inc. of Florida and Waste Pro of
Florida, Inc. for Solid Waste, Recyclable Materials, and Yard Trash Collection Services have been in
place since 2005 and will expire on September 30, 2027. Based on all performance metrics related
to quality of service (i.e., complaint rate), level of service (i.e., 2x per week unlimited solid waste
collection, cart-based 1x per week recyclables collection, 1x per week yard trash, electronics, tires,
and batteries collection, and on-call bulk and white goods collection), and cost of service (i.e.,
$29.21 per unit per month for collection, processing, and disposal), the County has received best
value services under the current Agreements. Based on the time required for such a public-facing,
high-value contract and Agreement to be secured a policy decision is necessary to either: 1) extend
the existing agreements; 2) negotiate the existing agreements; or 3) procure new agreements.
Based on the current level of services, quality of services provided, cost of services, and market
conditions, negotiating and extending the existing agreements is the best value option for the
County.
2 BACKGROUND
The Agreements between Collier County (County) and Waste Management Inc. of Florida (WMIF) and
Waste Pro of Florida, Inc. (Waste Pro) for Solid Waste, Recyclable Materials, and Yard Trash
Collection Services (Agreement) were originally executed in 2005 and had a term of eight (8) years.
Two (2) Agreement renewals, each of seven (7) years were exercised in 2011 and 2019. Over the
course of the Agreement term there have been four (4) Board of County Commissioner-approved
Amendments. The Agreements expire on September 30, 2027.
The Agreements provide for residential solid waste and recycling collection and disposal and
commercial solid waste collection and disposal in all areas of incorporated and unincorporated
Collier County, with the exception of City of Naples.
WMIF maintains the franchise services and rights for Municipal Services Benefit District (MSBU) I.
This area consists of the majority of the County, with the exception of the Immokalee, Ave Maria, and
Corkscrew areas; and consists of approximately 132,000 residential customers units and
approximately 5,000 commercial customers. Waste Pro maintains the franchise services and rights
for MSBU II, inclusive of the Immokalee, Ave Maria and Corkscrew areas, which consists of
approximately 9,500 residential customers and approximately 500 commercial customers. Figure 1
presents the MSBUs.
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Franchise Solid Waste Collection Agreements
September 4, 2024
Page 2
Figure 1. Municipal Service Benefit District Map
The Agreements provide County residents with unlimited twice per week curbside garbage (i.e., solid
waste) collection and once per week collection of recycling, yard trash, electronic waste, tires, and
bulky items, and weekly on call service for bulky waste and white goods. The Agreement is a
performance-based contract and includes provisions for annual CPI increases (capped at 70% of
CPI), liquidated damage, commercial fees, and commercial franchise fees.
3 CONSIDERATION
The solid waste market is different today than it was in 2005, 2011, and 2019 when the Board of
County Commissioners decided to renegotiate, then extend the County’s existing solid waste
agreements. Changes range from industry consolidation, equipment innovations, and perhaps most
important, recycling markets. However, the considerations for the County essentially remain the
same. Table 1 presents a comparison of the factors under which the extend and/or renegotiate and
procurement options should be considered, in addition to the advantages and disadvantages of each
option.
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Page 3
Table 1. Extend and/or Renegotiate vs. Procurement Considerations
Extend and/or Renegotiate Procurement
Factors • Current prices are less than surrounding
communities.
• Current level of service provided by the
contractors is more than or equal to the
County’s desired level of service.
• Customers are generally satisfied with the
quality of service.
• Contractor(s) has strong incentive to maintain
market share, particularly if the contractor(s)
has lost market share in the surrounding areas.
• Current level of service
provided by the contractor is
less than the County’s
desired level of service.
• Other contractors with strong
incentives to gain market
share in the area.
• Current cost of service is not
competitive.
Advantages • County constituents do not have a transition
period and associated transition issues.
• Allows for continuity of service.
• Saves the expense associated with
implementing and managing a procurement.
• Depending on the County’s negotiating
leverage, it provides an opportunity for the
County to increase the level of service, if
desired, or obtain price concessions by using
procurement process as leverage, particularly
with WMIF, who also maintains a life of site
agreement for operation of the County’s landfill
and transfer station, and operates a landfill gas
to energy facility.
• Rate shock is inevitable, however, negotiating
with the existing contractors positions the
County to transition to new rates over time, and
utilize that as leverage.
• Encourages competitive
pricing.
• Opportunity to change
service level/type and obtain
better contract terms.
Disadvantages • Limited negotiation leverage.
• Contractor contestation of non-competitive
contract.
• Potential legal action from
proposers not selected.
• Transition issues and costs.
• Time to implement
procurement/bidding.
• Expenses associated with
implementing and managing
a procurement/bid and a
transition.
• Rate Shock – Many
contracts are increasing by
40+ % in price.
• May be liable for excess
contamination in the
recycling stream.
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September 4, 2024
Page 4
4 STRATEGIC FRAMEWORK
The decision to renegotiate or to competitively procure the services can be simplified by considering
the following critical factors:
• Quality of service;
• Level of service;
• Cost of service;
• Transition impacts; and
• Strategic framework.
Figure 2 presents a simplified process flow diagram to assess whether it is advantageous to
renegotiate or to competitively procure new solid waste collection contracts.
Figure 2. Simplified Process Flow Diagram for the Assessment of Options to
Renegotiate and to Competitively Procure
A.Are customers satisfied with the quality of service?
B.Are customers satisfied with the level of service?YES
C.Is the cost of service favorable compared with other communities?
YES
D.Are there significant issues with transitioning to new service providers?
YES
E.Are there any other extenuating circumstances that affect service?YES
It may be favorable to procure new agreements
It may be favorable to extend and/or renegotiate the existing Agreements
NONONONONOYES
A. QUALITY OF SERVICE
The Agreements with WMIF and Waste Pro require the delivery of high-quality services, including
many specific performance standards and liquidated damages for failure to meet the standards. The
Agreements also establish the expectation for cooperative relationships with WMIF and Waste Pro to
timely resolve service inefficiencies as well as to work together on education and outreach programs.
In terms of performance, the County receives relatively few complaints from residential and
commercial customers, as evidenced by a 0.01% annual complaint rate with approximately
14,400,000 collection events per year. Using customer complaints as a basis for evaluating
customer satisfaction, customers seem to be satisfied with the quality of service.
The Agreements also requires WMIF and Waste Pro to work collaboratively with the County on
education, promotion and public awareness. In addition, WMIF and Waste Pro are required to
contribute a combined $55,000 per year assisting the County with educational, promotional, and
public awareness activities. These activities include:
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Page 5
• Use of the County’s recycling theme, colors, and logos on Collection vehicles and containers;
• Distributing promotional literature;
• Participating in special events (e.g., Earth Day);
• Providing special educational presentations; and similar activities; and
• Distributing informational, promotional and educational materials (e.g., brochures,
newsletters, door hangers, etc.) provided by the County.
The collaborative efforts are proving successful by delivering significant results as the State
calculated recycling rate for the County in 2023, the must current year for which values are
available, was 75% (3rd highest in the State) compared to the statewide average of 49%. Reaching
the Florida Statute Recycling Goal of 75% has only been achieved by 3 of the 67 Florida Counties
and Collier County has reached the goal for the past 4 years.
The Agreements also include a provision for WMIF and Waste Pro to cooperate with the County in
conducting such pilot studies that may increase recycling, waste reduction, collection efficiency or
reduce the County's costs. Notably, WMIF has invested in compressed natural gas (CNG) collection
vehicles and a CNG fueling station at its maintenance yard, which decreases the fleet emission
impacts on the air quality in the County. Currently, 81% of WMIFs fleet operates on CNG.
To help frame key solid waste collection considerations, frequently asked questions and responses
were developed and are presented in Attachment A.
B. LEVEL OF SERVICE
The County is satisfied with the current level of service, which is summarized in the Table 2 below.
Further, the level of service is generally higher than most other Florida counties, based on a recent
level of service survey commissioned by the Solid and Hazardous Waste Management Division.
Table 2. Solid Waste Collections Cost and Level of Service
Garbage Bin Recycling Bin Yard Trash Electronics
White
Goods/
Bulk Recyclables
Ownership
Type of
Collection Size
(gal.)
Collection
Frequency
Size
(gal.)
Collection
Frequency Size Collection
Frequency
Collection
Frequency
Collection
Frequency
32 – 96
(plus
unlimited
bag
collection)
2x week
35 – 96
Various
sizes
1x week Maximum
10 bags 1x week 1x week On
Demand Private Automated
WMIF and Waste Pro have been responsive to the County and its customers and have provided
ongoing services that extend beyond their contractual requirements, including courteous collections.
It is important to note that in addition to providing Roll Carts of various sizes (e.g., 35, 64, and 96
gallons), which the customer can change once at no additional cost, Chapter 118-104 of the County
Code of Ordinances provides that the Contractor must also collect all excess waste placed outside of
the Roll Cart.
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Page 6
C. COST OF SERVICE
The County commissioned a cost and level of service survey to compare these factors as part of the
solid waste collection agreements planning process. Based on the survey, which reflects proposed
or adopted single family residential assessments for FY2025, the current cost of service (and level of
service) compares favorably to peer benchmark counties, which is presented below in Figure 3.
Figure 3. Residential Assessment Survey Data
In addition to being a relatively low cost for a corresponding high level of service, the Agreements
escalate at only 70% of a specified escalation factor (e.g., the lesser of the United States All Urban
Consumer Price Index (CPI), or the Southern All Urban CPI, published by the U.S. Department of
Labor, Bureau of Labor Statistics, for the twelve (12) months ending on the April 30th that precedes
each new Agreement Year) and are capped at 5% annually. It should be noted that most solid waste
agreements escalate at 100% of the CPI and/or use indices that have historically increased at rates
well above those in the Agreements.
D. TRANSITION IMPACTS
In the event new contractors are selected to provide services, other than those that have provided
services to Collier County for the past 18 years, there may be service-related impacts associated with
transitioning to new contractors, especially if a new contractor has to learn the unique qualities of
the County. It can be reasonably expected that the level of adverse service events would be greater
at the beginning of services under the new agreements compared to the status quo. The basis for
such impacts may result from continuity of service issues as well as customer service issues. It
should be noted that some of the impacts may result from changes to level of service alone, and
would be encountered whether the County renegotiates and/or extends or competitively procures. In
addition, the current collections contractors may be at a competitive advantage with regard to price
as they are currently mobilized and operating in the County and already have essential infrastructure
to support their collection operations (e.g., office space, maintenance facility, storage yard). Another
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Page 7
contractor will likely include its mobilization and start-up costs into its price. It should also be noted
that there is a limited pool of qualified contractors operating in Florida, so the opportunity to secure
a comparable level of service could result in a considerable higher rate for cost of service. Lastly, as
it relates to WMIF, they are already vertically integrated within the County in terms of their collection,
transfer, and disposal operations.
E. RATE SHOCK
Figure 4 presents the rates paid to franchisees in the last year of their contract (blue box) and the
new contract rate after RFP (black box). For example, Lee County, prior to contract expiration, paid
their franchisee $169.80 per residential unit (averaged across all collection zones) and after their
procurement, the new average contract rate is $237.22 per residential unit. It is important to note
that Lee County negotiated three (3) of their five (5) collection districts and the average cost increase
was $50.32, while the cost difference for the remaining two (2) districts that were procured was
$88.56. The combined increase across all five (5) collection districts represents a 40% increase per
residential unit. The findings are consistent across the other peer counties with increases ranging
from -23% (Manatee County) to 74% (Charlotte County). The reason for the cost decrease in
Manatee County is the reduction from twice per week collection to once per week, which was
negotiated rather than procured. The average increase for the surveyed counties is 42% (excluding
Manatee County) and would likely result in rate shock for residential customers in Collier County. It
is also important to note that of the counties reflected in Figure 4, only the County includes recycling
processing and is inclusive of all collection and disposal.
Figure 4. Franchise Rates for Recently Awarded Contracts
Of the counties shown above, Lee and Manatee County negotiated for service rates. Given the size
of the increases seen in recent solid waste collection agreements, the County could mitigate the
potential rate shock by extending/renegotiating with WMIF and Waste Pro before their Agreements
expire.
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Page 8
5 CONCLUSION
Renegotiating the current Agreements presents less uncertainty than competitively procuring new
agreements. As evidenced above, the County is receiving best value services in terms of quality of
service, level of service, and cost of service. In addition, the County can avoid customer impacts that
are inevitable with transitioning to new contractors. In terms of extenuating circumstance, the
County can also mitigate the risk associated with recycling markets that could increase the costs of
service as it can be reasonably anticipated that any new service provider would seek to include this
risk into their proposed pricing. Based on the time required for such a public-facing, high-value
contract and Agreement to be secured, a policy decision is necessary to either: 1) extend the existing
agreements; 2) negotiate the existing agreements; or 3) procure new agreements. Based on the
current level of services, quality of services provided, cost of services, and market conditions,
negotiating and extending the existing agreements is the best value option for the County.
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ATTACHMENT A
Frequently Asked Questions
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Page A1 of A9
1. Who are the County’s solid waste collection contractors?
Waste Management Inc. of Florida (WMIF) is the exclusive franchisee for Solid Waste, Recyclable
Materials, and Yard Trash Collection Services in municipal services benefit district (MSBU) I. Waste
Pro of Florida, Inc. (Waste Pro) is the exclusive contractor for Solid Waste, Recyclable Materials, and
Yard Trash Collection Services in MSBU II. These MSBUs were defined in Ordinance No. 90-30.
2. What areas are included in each MSBU?
As presented in the Figure 1, MSBU I incudes all unincorporated areas in the County except the
Immokalee, Ave Maria and Corkscrew areas. MSBU I consists of approximately 132,000 residential
customers units and approximately 5,000 commercial customers. Waste Pro maintains the
Franchise services and rights for MSBU II, inclusive of the Immokalee, Ave Maria and Corkscrew
areas, which consists of approximately 9,500 residential customers and approximately 500
commercial customers. Figure 1 presents the MSBUs.
Figure 1. Collier County Municipal Services Benefit District
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3. What is the history of the Agreements since they were last renegotiated in 2005?
Following the execution of the Franchise Agreements for Solid Waste, Recyclable Materials, and Yard
Trash Collection Services with WMIF and Immokalee Disposal in 2005, the following identifies key
activities:
• 2007 – Immokalee Disposal assigned its Franchise Agreement to Choice Environmental
Services of Collier County Inc.
• 2009 – The Franchise Agreements were amended (Amendment 1) to add language for rates
if emergency collection is needed.
• 2009 - The Franchise Agreement were amended (Amendment 2) to align the original contract
with current operations.
• 2009 - The Franchise Agreements were amended (Amendment 3) to define non-residential
customers and clarify Multifamily services
• 2011 - The Franchise Agreements were renewed, which extended the expiration date to
2020.
• 2013 - Choice Environmental Services of Collier County Inc. assigned its Franchise
Agreement to Progressive Waste Solution of FL.
• 2014 - WMIFs Franchise Agreements was amended (Amendment 4) to clarify language for
commercial waste services.
• 2019 - The Franchise Agreements were renewed, which extended the expiration date to
2027.
• 2020 - Progressive Waste Solution of FL assigned its Franchise Agreement to Waste Pro of
Florida, Inc.
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Page A3 of A11
4. What is the County’s assessment of the quality of service provided by the contractors under the
current Agreements?
The Agreements with WMIF and Waste Pro require the delivery of high-quality services, including
many specific performance standards and liquidated damages for failure to meet the standards. The
Agreements also establish the expectation for cooperative relationships with WMIF and Waste Pro to
both resolve service lapses timely as well as to work together on education and outreach programs.
In terms of performance, the County receives relatively few complaints from residential and
commercial customers, as evidenced by a 0.01% annual complaint rate with approximately
14,400,000 collection events per year. Using customer complaints as a basis for evaluating
customer satisfaction, customers seem to be satisfied with the quality of service.
The Agreements also requires WMIF and Waste Pro to work collaboratively with the County on
education, promotion and public awareness. In addition, WMIF and Waste Pro are required to
contribute $50,000 per year assisting the County with educational, promotional, and public
awareness activities. These activities include:
• Use of the County’s recycling theme, colors, and logos on Collection vehicles and containers;
• Distributing promotional literature;
• Participating in special events (e.g., Earth Day);
• Providing special educational presentations; and similar activities; and
• Distributing informational, promotional and educational materials (e.g., brochures,
newsletters, door hangers, etc.) provided by the County.
The collaborative efforts are proving successful by delivering significant results as the State
calculated recycling rate for the County in 2022, the must current year for which values are
available, was 78% (2nd highest in the State) compared to the statewide average of 48%. Reaching
the Florida Statute Recycling Goal of 75% has only been achieved by 5 of the 67 Florida Counties
and Collier County has reached the goal for the past 3 years.
The Agreements also include a provision for WMIF and Waste Pro to cooperate with the County in
conducting such pilot studies that may increase recycling, waste reduction, collection efficiency or
reduce the County's costs. Notably, WMIF has invested in compressed natural gas (CNG) collection
vehicles and a CNG fueling station at its maintenance yard, which decreases the fleet emission
impacts on the air quality in the County. Current, 81% of WMIFs fleet operates on CNG, which also
represents a 15% reduction in emissions per collecting vehicle.
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Page A4 of A11
5. What is the County’s assessment of the level of service provided by the contractors under the
current Agreements?
The County is satisfied with the current level of service, which is summarized in Table 1 below.
Further, the level of service is generally higher than most other Florida Counties, based on a recent
level of service survey commissioned by the Solid and Hazardous Waste Management Division.
Table 1. Solid Waste Collections Cost and Level of Service
Garbage Bin Recycling Bin Yard Trash Electronics
White
Goods/
Bulk Recyclables
Ownership
Type of
Collection Size
(gal.)
Collection
Frequency
Size
(gal.)
Collection
Frequency Size Collection
Frequency
Collection
Frequency
Collection
Frequency
32 – 96
(plus
unlimited
bag
collection)
2x week 32 –
96 1x week Maximum
10 bags 1x week 1x week On
Demand Private Automated
WMIF and Waste Pro have been responsive to the County and its customers and have provided
ongoing services that extend beyond their contractual requirements.
6. What is the County’s assessment of the cost of service provided by the contractors under the
current Agreements?
The County commissioned a cost and level of service survey to compare these factors as part of the
solid waste collections planning process. Based on the survey, the current cost of service (and level
of service) compares favorably to peer benchmark counties, which is presented in Figure 2 below.
Figure 2. Residential Assessment Survey Data
In addition, the Agreements escalate at 70% of a specified escalation factor (e.g., the lesser of the
United States All Urban Consumer Price Index (CPI), or the Southern All Urban CPI, published by the
U.S. Department of Labor, Bureau of Labor Statistics, for the twelve (12) months ending on the April
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Page A5 of A11
30th that precedes each new Agreement Year) and is capped at 5% annually. It should be noted that
most solid waste agreements escalate at 100% of the CPI.
7. What are some transition impacts that may arise with new contractors?
There may be service-related impacts associated with transitioning contractors, especially if a new
contractor has to learn the unique qualities of the County. In the event of procuring new contractors,
it can be reasonably expected that the level of adverse service events would be greater at the
beginning of services under the new agreements compared to the status quo. The basis for such
impacts may result from continuity of service issues as well as customer service issues. It should be
noted that some of the impacts may result from changes to level of service alone, and would be
encountered whether the County renegotiates and/or extends or competitively procures. In addition,
the current collections contractors may be at a competitive advantage with regard to price as they
are currently mobilized and operating in the County and already have essential infrastructure to
support their collection operations (e.g., office space, maintenance facility, storage yard). Another
contractor will likely include its mobilization and start-up costs into its price. It should also be noted
that there is a limited pool of qualified contractors operating in Florida, so the opportunity to secure a
comparable level of service could result in a considerable higher rate for cost of service. Lastly, as it
relates to WMIF, they are already vertically integrated within the County in terms of their collection,
transfer, and disposal operations.
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8. What is the annual value of the current Agreements compared peer Counties?
Figure 3 below presents the franchise rates for solid waste collection contracts recently awarded and
adds a value of the contract based on Collier County’s FY24 unit rates. It is important to note, that
no other County’s rate include recycling processing. These costs add up to $30 per unit. Collier
County’s rates are all inclusive of collection and disposal. Further, only Collier County and
Hillsborough County prices include twice per week garbage collection.
Figure 3. Franchise Rates for Recently Awarded Contracts
Of the Counties noted above, service areas in Lee County and Manatee were negotiated.
9. What can be gained by procuring new solid waste collection contractors?
By going out for competitive procurement, the County can fully evaluate the market based on best
value criteria consistent with the Enduring Guiding Principles adopted by the Board of County
Commissioners in 2006 as part of the County’s Integrated Solid Waste Management Strategy.
However, it a gamble, so it is critically important to remember that based on staff’s market
benchmarking, it can be reasonably expected that the cost of service will be greater to achieve the
current level of service.
10. What are the risks of issuing a solicitation for new exclusive franchisee for Solid Waste,
Recyclable Materials, and Yard Trash Collection Services?
The most significant risk for recompeting the Agreements is an increase to the cost of service. This
recently occurred (i.e., within the last five (5) years in Sarasota County, Lee County – two service
areas, Charlotte County, and Hillsborough County) where they each faced a cost of service increase
of more than 20%. The one notable exception is Manatee County, which negotiated a lower cost of
service with a corresponding decrease from twice per week collection to once per week collection.
However, even if the level of service remains the same, it can have a chilling effect on the
customers, which is why such a condition can be known as “rate shock.” Transitioning contractors
can also create opportunities for transition impacts as a new contractors adjust to operating in a new
geography and the customers also adjust the operating practices of new contractors.
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11. What opportunities are there to improve or enhance the current Agreements?
Given that the Agreement was first executed in 2005, there have been technological and other
advancements that have occurred. While the Contractors have taken the initiative to embrace new
technologies (e.g., CNG vehicles), they have not been required to do so based on their Agreement.
While the County will conduct a formal review of opportunities, the following list presents some
options for consideration:
• Increased reporting (e.g., Roll Cart/Recycling Cart inventory);
• Re-align cart payment provisions;
• Clearly defined Inventory requirements;
• Additional liquidated damages and/or penalties;
• Innovative technology implementation provisions;
• GPS and photo requirements for customer service-related issues; and
• Align District I and II contracts.
Given the benefits and current satisfaction with the existing contracts, it may be advantageous for
the County to negotiate these terms as opposed to seeking them via a new procurement.
12. What framework is the County using to evaluate whether to negotiate or competitively procure
new agreements?
The County has developed the flow diagram presented below in Figure 4 to determine whether to
negotiate or competitively procure new agreements:
Figure 4. Simplified Process Flow Diagram for the Assessment of Options to
Renegotiate and to Competitively Procure
A.Are customers satisfied with the quality of service?
B.Are customers satisfied with the level of service?YES
C.Is the cost of service favorable compared with other communities?
YES
D.Are there significant issues with transitioning to new service providers?
YES
E.Are there any other extenuating circumstances that affect service?YES
It may be favorable to procure new agreements
It may be favorable to extend and/or renegotiate the existing Agreements
NONONONONOYES
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13. What are the relative advantages and disadvantages of negotiating or competitively procure new
agreements?
Table 2 below presents a comparison of the factors under which the renewal and competitive
procurement options should be considered, in addition to the advantages and disadvantages of each
option.
Table 2. Extend and/or Renegotiate vs. Procurement Considerations
Extend and/or Renegotiate Procurement
Factors • Current prices are less than surrounding
communities.
• Current level of service provided by the
contractors is more than or equal to the
County’s desired level of service.
• Customers are generally satisfied with the
quality of service.
• Contractor(s) has strong incentive to maintain
market share, particularly if the contractor(s)
has lost market share in the surrounding areas.
• Current level of service
provided by the contractor is
less than the County’s
desired level of service.
• Other contractors with strong
incentives to gain market
share in the area.
• Current cost of service is not
competitive.
Advantages • County constituents do not have a transition
period and associated transition issues.
• Allows for continuity of service.
• Saves the expense associated with
implementing and managing a procurement.
• Depending on the County’s negotiating
leverage, it provides an opportunity for the
County to increase the level of service, if
desired, or obtain price concessions by using
procurement process as leverage, particularly
with WMIF, who also maintains a life of site
agreement for operation of the County’s landfill
and transfer station, and operates a landfill gas
to energy facility.
• Rate shock is inevitable, however, negotiating
with the existing contractors positions the
County to transition to new rates over time, and
utilize that as leverage.
• Encourages competitive
pricing.
• Opportunity to change
service level/type and obtain
better contract terms.
Disadvantages • Limited negotiation leverage.
• Contractor contestation of non-competitive
contract.
• Potential legal action from
proposers not selected.
• Transition issues and costs.
• Time to implement
procurement/bidding.
• Expenses associated with
implementing and managing
a procurement/bid and a
transition.
• Rate Shock – Many
contracts are increasing by
40+ % in price.
• May be liable for excess
contamination in the
recycling stream.
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14. Can the County simple extend or renew the current contacts?
The Solid and Hazardous Waste Management Division has prepared and submitted a Request for
Legal Services (RLS) to confirm whether there are any restrictions (i.e., contractual, policies,
ordinances, laws, etc.) that restrict the County from entertaining the request of extension,
continuation, or negotiation, of current Agreements as requested by the contractors.
15. Has WMIF and Waste Pro expressed interest in extending their Agreements?
Yes, WMIF submitted a letter on July 21, 2023 and Waste Pro submitted a letter on July 26, 2023
expressing their interest to negotiate an extension to their Agreements.
16. How many other contractors perform residential collection services?
WMIF is the largest provider for these services and they also manage landfills, transfer stations, and
recycling facilities throughout the Country. Waste Pro, Inc. is an active Florida service provider.
Other service providers in Florida include:
• Waste Connections, Inc – Was the MSBU II service provider, until it assigned the agreement
to Waste Pro on October 1, 2021.
• Republic Services – Services parts of: Hernando County and Flagler County.
• FCC – Services parts of Polk County and Port St. Lucie County and was most recently
selected as a service provider for one (1) collection zone in Sarasota County.
GFL and Southwest Waste are two solid waste companies newer to the Florida market, though, and
do not have any residential collection contracts in Florida.
17. At what price can the County renegotiate the current Agreements?
That is not known at this time. Currently, when compared to other Florida counties, Collier County
receives a relatively high level of service at a reasonable cost. It should be noted that the current
contacts would likely be the base point for negotiations.
18. What are the administrative fees the Contractors pay to the County?
To compensate the County for the cost of administration, supervision, and inspection required for
the effective performance of the Agreement, the Contractor pays an administrative fee equal to two
percent (2%) of all gross revenues collected from residential customers as well as three percent (3%)
of all gross revenues collected from commercial customers, including disposal fees.
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19. Should the County consider changing from 2x per week solid waste collection?
Staff understand that there could be some cost savings by implementing 1x per week solid waste
collection instead of 2x per week solid waste collection. Staff has estimated the cost savings to be
in the range of 20%. However, the twice per week collection has been the standard in the County for
at least the last 18 years. This approach has serviced the County well in terms of reducing the
likelihood of illegal dumping as well proactively managing the potential for degradation of waste and
the associated odors due to the weather that impacts the County. This level of service is also
common amongst many of the comparable counties that Collier uses when benchmarking service.
Those comparable county with 2x per week solid waste collection include Hillsborough and
comparable counties with 1x per week solid waste collection include Sarasota, Lee, Charlotte, and
now Manatee, effective in FY25.
20. Does the County have standard sized solid waste and recycling carts and can a customer change
their cart size?
At the start of the Agreement, each customer had the opportunity to select a thirty-five (35), sixty-four
(64), or ninety-six (96) gallon solid waste Roll Cart. The Agreement entitles each customer to select a
different size solid waste Roll Cart one time at no cost. Additional solid waste Roll Cart exchanges
are billed at the rate specified in the Agreement. In terms of recycling, each customer received a
sixty-four (64) gallon Recycling Cart. However, customers in an age-restricted community, if
community wide and approved by the Solid Waste Director, received thirty-five (35) gallon Recycling
Carts. Any customer who wished to receive a second Recycling Cart, the customer is billed at the
Contractor’s invoice price, plus a fee for delivery.
21. Does staff recommend extending the current Agreements or procuring new agreements?
Staff recommends, subject to a favorable response to its RLS, renegotiating and extending the
current Agreements based on all meeting or exceeding all performance metrics related to quality of
service, level of service, and cost of service.
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22. What are the next steps?
Table 3 below presents the key activities and associated dates.
Table 3. Franchise Solid Waste Collection Agreements Key Activities and Dates
Activity Date
Submit the Read-Ahead Memorandum to the Public Utilities Department Head 9/15/2023
Conduct 1 x 1s with Leadership 1/1/2024 –
6/30/2024
Conduct 1 x 1s with Commissioners 9-10/2024
Board of County Commissioners Presentation 10/22/2024
**Provide regular updates to CMO and BCC**
End Date for Negotiations and present to BCC 12/10/2024
**If negotiations cannot be met – Follow timeline below**
Develop Request for Proposal, work with procurement 12/10/2024
Finalize any agreement changes 12/10/2024
Finalize RFP and finish any last steps with procurement 4/14/2025
Announce Public Bid-open for 30 days 5/15/2025
Close Bidding - Review Bids 6/13/2025
Make section- propose to BCC-Award Bid 7/11/2025
Timeline to figure on all vendor Disputes 18 months 4/3/2027
**All Dates Below are Contract Bound and Non-Negotiable**
180 Days prior to expiration, the contractor to provide the County and selected
franchisee a commercial cart inventory, size, type, and frequency. Thereafter
the contractor may not replace or exchange containers.
4/3/2027
New Franchisee to submit a collection plan 4/3/2027
150 Days prior to expiration, the contractor to attend a meeting with County and
selected franchisee, the Contractor to provide a list of Contractor owned
commercial containers that may be bought.
5/3/2027
120 Days prior to expiration, work with selected franchisees to develop a
mutually agreeable schedule to remove/replace of commercial containers.
6/2/2027
2 Weeks prior to expiration, new contractor to provide County-approved
brochures or other informational materials to residents, advising of the
collection and service schedule.
9/15/2027
30 Days prior to expiration, the County may purchase all containers types at fair
market price. Roll Carts, Recycling Carts, Commercial Containers.
9/1/2027
20 Days prior to expiration, Contractor to verify, in writing, all vehicles registered
and ready to use.
9/10/2027
10 Days prior to expiration, Contractor to provide Safety plan concerning
operations.
9/20/2027
Contract Expiration. 9/30/2027
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