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Agenda 05/24/2011 Item #10B5/24/2011 Item 10.13. EXECUTIVE SUMMARY Recommendation to renew the current Franchise Agreements with Waste Management Inc. of Florida, and Choice Environmental Services of Collier, Inc. for the collection of municipal solid waste, recyclable and electronic materials, and yard waste in Districts I and II, respectively, for the contractually prescribed term of seven years, ending at 11:59 PM on September 30, 2020, and authorize the Chairman to sign the renewal agreements. OBJECTIVE: Renew the current Franchise Agreements (Agreements) with Waste Management Inc. of Florida (WMIF), and Choice Environmental Services of Collier, Inc. (CES), for the collection of municipal solid waste, recyclable and electronic materials, and yard waste in Districts I and II, respectively. CONSIDERATIONS: The current Agreements with WMIF and CES were approved by the Board of County Commissioners (Board) on February 8, 2005, agenda item 10A. Section 2.2 establishes the initial eight year term of the Agreement, effective October 1, 2005, and ending on September 30, 2013. The Renewal Option in Section 2.3 allows the county to renew for two additional terms of seven years each. The contractor must give written notice to the County Manager at least two years before the expiration of the current term (on or before September 30, 2011) if the contractor is not willing to renew the Agreement. Both contractors have agreed to renew the Agreements, with no changes to the terms, per the signed renewal agreements attached. Staff evaluated two options with regard to the Agreements: 1. Renew the current Agreements in accordance with Section 2.3 2. Tender an Invitation to Bid (ITB) or Request for Proposals (RFP) Option 1 - Renew Staff from Utility Billing, Operations, Solid Waste, Purchasing, and the County Attorney's office considered the following critical criteria, providing the basis for the renewal recommendation: 1. Level of Service 2. Price 3. Contractor's Performance 4. Local Vendor Preference 5. Customer Feedback Level of Service The current Agreements provide the highest level of service at best value: • twice weekly unlimited garbage collection, • once weekly single stream recycling collection, • once weekly yard waste collection, • once weekly collection of bulky items, appliances, and electronic equipment, and • only three annual non - collection holidays (Thanksgiving Day, Christmas Day, and Independence Day). Packet Page -204- 5/24/2011 Item 10.B. Of the ten South Florida and other similar counties and municipalities surveyed by staff, only Martin County provides an equivalent level of service, albeit at a much higher price. Exhibit 1 compares the level of service and the annual cost of residential solid waste curbside collection for Collier County with those for neighboring counties and municipalities. Service levels in Florida vary widely from county to county, and city to city. Most do not offer residential single stream recycling, which greatly benefits Collier County by saving valuable landfill airspace. The provision for single stream recycling in the current Agreements also positions the county to be in full compliance with the recently passed House Bill 7243 that requires a 40 percent overall recycling rate by December 31, 2012. The Solid Waste Management Department, with the support of its current collection contractors, is well on the way to achieving that goal. WMIF recently rolled out a single stream commercial dumpster program to increase recycling in both the multi - family and commercial sectors to further the county's efforts in achieving its goals. Price The FY2011 annual contract rate per residential unit for solid waste collection is $100.10 in District I, and $92.22 in District II. The current Agreements include control of future prices by limiting the annual Consumer Price Index (CPI) adjustment to only 70 percent of the CPI, with annual increases further limited to a maximum of 5 percent. Martin County offers an equivalent level of service with a current annual contract rate per residential unit of $157.56; 57 percent higher than the FY2011 Collier County District I rate, and 71 percent higher than the Collier County District II rate. Martin County's solid waste collection contract (as well as contracts in effect in Orange, Hillsborough, Lee, and Sarasota Counties) includes a fuel adjustment clause that grants a rate increase to the contractor when diesel fuel prices increase above an agreed upon base price. The increase is automatic, and is in addition to contracted increases based on changes in the CPI, regardless of any attempts by the contractor to reduce fuel consumption through proper vehicle maintenance or replacement with more fuel efficient vehicles. In contrast, Collier County's Agreements with WMIF and CES do not include a fuel adjustment clause. Instead, they include an "Extraordinary Rate Adjustment" (Clause 27.4) that places the onus on the contractors to prove extraordinary increases in operating costs. The contractors are required to disclose, through audited records, all information necessary to evaluate their request for a rate increase based on rising fuel prices or other extraordinary circumstances. The Board, at its sole discretion, shall approve or deny the request. If granted, the Board shall have the right to reduce the contractor's rates when the contractor's costs are reduced. Both WMIF and CES have agreed to renew the Agreements within the current terms and conditions, with no changes to Clause 27.4. There are no Extraordinary Rate Adjustments presently in place. The only lower annual contract rate per residential unit identified in staff s benchmarking is in Sarasota County, at $90.12. However, residents receive only one garbage collection per week, and do not have the benefit of single stream recycling. Packet Page -205- 5/24/2011 Item 10.B. Staff's benchmarking with other Florida counties and municipalities provides valuable information concerning the cost of solid waste services as demonstrated in Exhibit 1. These benchmarks confirm that Collier County's current Agreements provide the highest level of service at the best price. Performance The current Agreements provide detailed performance standards, penalties for non - compliance as adjudged by county staff, required corrective actions that must be taken by the contractors, and dispute resolution procedures that encourage quick and informal settlements. The Agreements also require the contractors to participate in the county's solid waste education and outreach programs. With approximately 108,000 residential customer accounts, with each customer potentially receiving five collections each week (two garbage collections, one recycling collection, one yard waste collection, and one bulky item collection) each year there are approximately 28,080,000 opportunities to make a "mistake" (e.g., missed pickup, property damage, spilled trash, etc.). Internal reports indicate there were 2,148 reported incidents in FY2009, an error rate of .008 %. The FY2010 reports indicate there were 2,120 reported incidents, an error rate of .007 %. The incidents were corrected within three working days, as required by the current Agreements. Exhibit 2 summarizes the reported incidents for FY2009 and FY2010. Local Vendor Oualifications To be considered a "local vendor," a business must meet the following criteria. 1. Must have a valid occupational license issued by either Collier or Lee County. 2. Must have a physical business address within the Collier or Lee County limits. 3. Must contribute to the economic development and well -being of either Collier or Lee County. WMIF owns and operates facilities on Exchange Avenue and Yahl Street, pays taxes to Collier County for those facilities, and provides 134 jobs in Collier County. Likewise, Choice owns and operates a facility on Jefferson Avenue in Immokalee, pays taxes to Collier County on that facility, and provides 15 jobs in Collier County. Exhibit 3 demonstrates that both WMIF and CES meet the criteria for a local business. Customer Feedback Telephone surveys conducted by the county in 2005 and 2007 included the following statement: "Garbage collection and recycling of trash seems to be working well." In 2005, 93 percent of respondents agreed. In 2007, 94 percent agreed. In a recent on -line survey, of 253 respondents, 93 percent indicated they were satisfied with solid waste collection services and answered "Yes" to the question: "Do you feel you receive good service at a fair price ?" Other Considerations The current Agreements are aligned with the Integrated Solid Waste Management Strategy approved by the Board on December 5, 2006, and provide best value services in line with the enduring guiding principles of airspace (asset) preservation, environmental protection, and Packet Page -206- 5/24/2011 Item 10.13. operational excellence. WMIF programs, such as Waste Watch currently operating in District I in conjunction with the Collier County Sheriff's Office, enhances community security with no additional associated cost to our citizens. Long term, performance -based agreements allow contractors sufficient time to amortize the significant capital investments necessary for efficient collection services and, thus, provide best value to the end consumer. In the long run, this results in operating efficiencies with lower annual costs and reduced recurring procurement costs. Option 2: Invitation To Bid (ITB) or Request for Proposals (RFP) Other counties have recent experiences with the ITB and RFP processes for solid waste collection services. The criteria identified in their efforts included the following: 1. to reduce the cost of collection, 2. to increase the level of service (automation, single stream recycling, curbside electronics collection, split single district into multiple districts), 3. to improve the performance of the solid waste collection vendor, and 4. to close "loopholes" in the contract. Collier County achieved these benefits through the existing Agreements. Martin County was split into two service districts and achieved a similar level of service compared to Collier County, but at a price that is more than 57 percent higher than our current contract rate in District 1. Sarasota County, through failed ITB and RFP processes, has a price that is $9.98 lower than the annual contract rate per unit in Collier County District 1. For $0.19 per week, customers in Collier County receive a second weekly garbage pickup and single stream recycling services. Collier County's collection services are automated, and provide single stream recycling and electronics pick up. The Board approved Amendment Two to the current Agreements on October 13, 2009, agenda item 16C1, that provided for language and process clarifications, and updates to the Franchise Agreements to ensure alignment with best practices and services for solid waste collections in Collier County. Staff from the Purchasing and Operations Departments spoke with nine counties and municipalities across Florida that have had recent ITB or RFP experiences, including the City of Cape Coral that just transitioned to a new service provider this fiscal year. The City of Cape Coral reduced its collection rates by 9.5 percent compared to its previous contract; however, the new collection contract rate effective October 1, 2010 includes only one trash collection per week and is 15 percent higher than the current rate in Collier County's District I, and 25 percent higher than the current rate in Collier County's District II. Martin County, with services levels that match the current service levels in Collier County, pursued the RFP process because they had a long term relationship with WMI and wanted to see what other contractors had to offer. Service was their primary consideration, with price less important. Martin County received only two proposals for the eastern side of the county and one proposal for the western side. WMI was again awarded the contract, but at a slightly increased rate from the prior contract. Martin County's collection rate is 57 percent higher than the current rate in Collier County's District I, and 71 percent higher than the rate in Collier County's District II. Packet Page -207- 5/24/2011 Item 10. B. Productivity Committee Recommendation The Productivity Committee Work Plan for 2011 included a review of the Solid Waste Mandatory Collections Agreements. On March 16, 2011, the group agreed to form a sub- committee to review the agreements in detail and make a recommendation. Staff met with the sub - committee members on March 24, 2011, to discuss elements of the existing Agreements. The sub - committee performed an independent analysis of 14 other collections contracts. Following extensive due diligence, the sub - committee made a strong recommendation to the Productivity Committee to renew the existing Agreements. At its meeting on April 20, 2011, the Productivity Committee voted 7 to 1 to accept the sub - committee's recommendation to renew the existing Agreements (Exhibit 4). In summary, the ITB or RFP process utilized in other Florida counties sometimes resulted in improved service levels, but those are still below the service levels enjoyed by Collier County. Where counties were successful at reducing the contract collection rate from the previous contract, the collection rates achieved through competition are still significantly higher than the existing rates with WMIF and CES in Collier County's Districts I and 11, respectively. Additionally, there are intangible costs inherent to any transfer of contract service providers, as the customers experience a disruption of routine and a change in service. Based on these results, the consideration given to the critical criteria outlined previously in this section, and the recommendation from the Productivity Committee, staff s recommendation is to renew the existing Agreements with WMIF and CES per Section 2.3 of the Agreements. FISCAL IMPACT: The FY2011 budgeted collections contract operating expense in District I is $10,455,300, and $536,900 in 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 473. Subsequent years operating expense for collection services in the current Agreements are subject to 70 percent of the change in the CPI, with an annual increase limited to a maximum of 5 percent, also funded through the annual trash collection assessment. Payments for solid waste collection services over the seven year renewal term would approximate $77 million as a base case, assuming no change in CPI. If the CPI increased 2 percent per annum through 2019, payments for solid waste collection services over the seven year renewal term would approximate $84 million. LEGAL CONSIDERATIONS: All parties are satisfied with the present arrangements and would like to renew the Agreements. This item was reviewed by the County Attorney and is legally sufficient. This action requires a majority vote by the Board. — JAK. GROWTH MANAGEMENT IMPACT: The current Agreements promote and enhance the opportunities for residential recycling. To the extent that recycling increases, the Agreements help preserve the capacity (airspace) at the Collier County Landfill. RECOMMENDATION: Renew the current Franchise Agreements with Waste Management Inc., of Florida, and Choice Environmental Services of Collier, Inc., for the collection of municipal solid waste, recyclable and electronic materials, and yard waste in Districts I and II respectively Packet Page -208- 5/24/2011 Item 10.13. for an additional term of seven years, ending at 11:59 PM on September 30, 2020, and authorize the Chairman to sign the renewal agreements. PREPARED BY: Joseph Bellone, Manager, Utility Billing and Customer Service Department. Packet Page -209- COLLIER COUNTY Board of County Commissioners Item Number: 10. B. 5/24/2011 Item 10.13. Item Summary: Recommendation to renew the current Franchise Agreements with Waste Management Inc. of Florida, and Choice Environmental Services of Collier, Inc. for the collection of municipal solid waste, recyclable and electronic materials, and yard waste in Districts I and II, respectively, for the contractually prescribed term of seven years, ending at 11:59 PM on September 30, 2020, and authorize the Chairman to sign the renewal agreements. Meeting Date: 5/24/2011 Prepared By Name: debbie chinn Title: Administrative Assistant,Utilities Finance Operations 5/5/2011 1:38:14 PM Submitted by Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations Name: Joseph Bellone 5/5/2011 1:38:16 PM Approved By Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations Date: 5/6/2011 10:10:30 AM Naive: LundPeter Date: 5/6/2011 10:20:41 AM Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 5/6/2011 10:52:46 AM Name: Amysue Benker Title: Executive Secretary, Date: 5/6/2011 11:08:09 AM Packet Page -210- Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 5/6/2011 11:44:36 AM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 5/9/2011 12:56:41 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 5/9/20114:05:55 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 5/10/2011 8:30:16 AM Name: DeLonyJim Title: Administrator - Public Utilities, Date: 5/10/20112:11:25 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 5/11/2011 8:23:44 AM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 5/12/2011 11:47:22 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/12/20113:29:29 PM Name: OchsLeo Title: County Manager Date: 5/15/2011 9:00:12 PM Packet Page -211- 5/24/2011 Item 10.13. 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E; � c_ y m a o C -3 77 G7 p o ti m F m° C e° y f C aC y o o• 0 < a .h 'y co ro 9 `G CD fb e = N a�. 5/24/2011 Item 10.B. - K�K4K4K4f_°'. h an. a M. a a.o.a A R n• •< S (� A A �. (D w O Z. 3 0 •-3 n f7 y ° •;' � 0 0 c � o• C . O p' p' p• � w wO ^'• (Z = O 7 S � n 7 A 0 xJ A 0 C, W w I Xk J W � H N � N H fy/1 VVIi N n aA.aaG.aaa E 07 ,'tl W [17 CO '� 7y �••1 ° x' Q; coo -�^, � 0. 0 �• c 't7 � N• � co � � O � �• .. o 0 0 ° o. CD ° "• .mow o ry 3 c Cr N N 3 3. O A W N N A N N � O C 7 Packet Page -213- d a � H � N O n 0 0 a � n 7 a m 0 77 A a 0 ^ y 5/24/2011 Item 10.B. Requirements for "Local" Vendor Consideration To be considered a "local business," that business must meet the following criteria. 1. Must have a valid occupational license issued by either Collier or Lee County. a. WMIF's occupational license number is 745375. b. CES' occupational license number is 742309. 2. Must have a physical business address within the Collier or Lee County limits. a. WMIF's facility is located at 4500 Exchange Avenue, Naples, 34104. b. CES's facility is located at 120 W. Jefferson Avenue, Immokalee, 34143. 3. Must contribute to the economic development and well -being of either Collier or Lee County. a. Both WMIF and CES have significant infrastructure in Collier County. b. Both retain employees and principals (134 with WMI and 15 with CES) who are residents of Collier and Lee County. c. Both contribute to Collier County's Solid Waste education and outreach programs. d. Both regularly participate in community task force meetings and community clean ups. e. Both contribute to various local charitable and non - profit organizations, and participate financially and with in -kind services in various local philanthropic events. EXHIBIT 3 Packet Page -214- 5/24/2011 Item 10.13 t r' L Memorandum To: Commissioner James Colette From: Stephen A. Harrison Date: May 5, 2011 Subject: Waste Management Contract . Recently the Board of County Commissioners asked the Productivity Committee to review the Waste Management contract now scheduled for renewal and/or renegotiation in late 2012. We formed a Sub - Committee that reviewed information on similar contracts that Waste Management, and other vendors, have with other Florida Counties. As noted in the attached Sub - Committee report, some of this information was provided by the Utilities Department while other information was obtained through independent contacts made by Sub - Committee members. The full Productivity Committee reviewed the above information at our April meeting and voted to recommend the approval of the renewal option as it is presently written. We believe the proposed renewal is in the best interests of Collier County and its citizens. We understand that you may wish to place this matter on the agenda of your second meeting in May 2011. Ms. Gina Downs prepared a presentation for the Productivity Committee highlighting the benefits of renewing the Waste Management contract as proposed. As you had requested at the Productivity Committee meeting, we are prepared to present this analysis to the Board. It would require no more than 15 minutes. Please let us know when you would like us to review our findings with the Commissioners. Regards, Steve Harrison Chairman, Productivity Committee EXHIBIT 4 Page i Packet Page -215- 5/24/2011 Item 10.13. April 2011 Productivity Committee recommendation to Board of County Commissioners regarding renewal of current solid waste collections contracts As a result of the March 16, 2011 Productivity Committee meeting, a sub - committee was formed to determine if it would be prudent to exercise renewal options in the current solid waste collections contracts. Personnel from Collier County Utilities presented data pertaining to collection rates, levels of service, as well as other factors in the following counties: Martin, Monroe, Orange, Broward, Hillsborough, Lee, Sarasota, Charlotte and Collier. In an effort to supplement the above data with independently collected data, a spreadsheet was created by the sub - committee and submitted to 10 similar -sized Florida counties: St. Lucie, Leon, Escambia, Seminole, Sarasota, Manatee, Lake, Osceola and Martin counties. City of Naples and Lee County were also included. (Lake, Osceola and Martin counties either did not respond and /or had no information readily available on their websites.) Between data brought forth by the Collier County Utilities Department for specific counties and data brought forth independently by the Productivity Committee sub - committee, 14 comparisons were evaluated. Contract analysis was based on several factors, including: Price, level of service, rate adjustments, performance reliability, conflict resolutions, equipment maintenance, emergency /contingency service, public education activities, safety history and recorded property damage. The current Collier County solid waste management collection contracts were deemed exemplary. No modifications were suggested. The sub - committee stronaly recommends renewing the existing contracts based upon: 1) The strength of the current contracts. Improvement to the current contracts is highly unlikely. 2) Unpredictable future of adiustable fees. Newer contracts mostly incorporate an automatic fuel adjustment clause and most include a higher automatic CPI adjustment clause. Approved by a vote of 7 -1. Doug Fee dissenting. - Prepared by Gina Downs, April 19, 2011 EXHIBIT 4 Page 2 Packet Page -216- I ER COUNTY Co e-r Coixnty Map Prepared by Collier County IT /GIS SERVICE DISTRICTS Collier County, Florida osrnicn ■orDSMicru Solid Waste Collections District I & 11 0 1.5 ° Packet Page - 217 -Niles 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 or otherwise as to the accuracy of completeness. We therefore do not accept any responsibilities as to its use. This is not a survey nor is it to be used for design. Scale : 1:500,000 5/24/2011 Item 10.13. RENEWAL OF FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES THIS RENEWAL is entered into this day of May. 2011, by and between Collier County, a political subdivision of the State of Florida., through its Board of County Commissioners, hereinafter referred to as "County," and Waste Management Inc. offlorida, hereinafter referred to as "Contractor," collectively stated as the "Parties." RECITALS: 1ATHEREAS, on February 8, 2005, the parties entered into a Franchise Agreement for Solid Waste, Recyclable Materials. and Yard Trash Collection Services (hereinafter referred to as the "Agreement "); and WHEREAS, Section 2.2 of the Aoreernent provided that. the initial term of the Agreement was to expire September 30, 201.3.: 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 C,-.-)ntractor 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 WHE'REAS. both parties are satisfied with the arrangement they currently enjoy under the Agreement: 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. and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that both pat-ties wish to extend the Agreement to September 30, 2020. 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 Pal-ties agree as follows: 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 I,- - I - - renew= the Agreement for an additional term of seven years. and Contractor hereby waives its right to riot renew the first extension. Accordingly. the Agreement is hereby extended to September 30. 2020. Packet Page -218- 5/24/2011 Item 10.13. 3. Excepting the first 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 Renewal of Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT -Y, FLORIDA By: FRED W. COYLE, CHAIR 4AN 5/24/2011 Item 10.13. RENEWAL OF FRANCHISE AGREEMENT FOR SOLID WASTE, RECYCLABLE MATERIALS, AND YARD TRASH COLLECTION SERVICES THIS RENEWAL is entered into this day of 20 1, 1, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Choice Environmental Services of Collier, 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, pursuant to a June 15, 2007 Assignment and Assumption Agreement., approved by the County on September 11, 2007, Immokalee Disposal Company, Inc.. assigned all of its right, title and interest in and to the Agreement to Choice Environmental Services of Collier, Inc.: and WHEREAS. on February 28, 2011, Choice Environmental Services., Inc., became a wholly- owned subsidiary of Swisher Hygiene Inc., Choice Environmental Services, Inc., is the parent company to Contractor; and I \N,'HEREAS, Section 212 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 tenn of this Agreement; and WHEREAS. both parties are satisfied with the arrangement they currently enjoy under the Agreement; 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,. and Contractor wishes to continue the business arrangement as set forth in the Agreement, so that both parties wish to extend the Agreement to September 30, 2020. 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: Packet Page -220- 5/24/2011 Item 10.13. 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 years, and Contractor hereby waives its right to not renew the first extension. Accordingly, the Agreement is hereby extended to September 30, 2020. 3. Excepting the first 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 Renewal of Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: , Deputy Clerk WITNESSES: n Print Ne:;LlJ,> Print Name: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE. CHAIRMAN CHOICE ENVIRONMENTAL SERVICES OF COLLIER, INC. a (V-1 '( -' « corporation Signature Printed /Typed Name S J