Loading...
Agenda 05/26/2009 Item #16C 3 Agenda Item No. 16C3 May 26, 2009 Page 1 of 8 i EXECUTIVE SUMMARY Recommendation to amend the Franchise Agreement Between Collier County (County) and Choice Environmental Services of Collier County, Ine, (CES) to implement single stream recycling in District II enhancing recycling and waste reduction; approve a necessary budget amendment in the amount of $267,000; and authorize the Chairman of the Board to execute the amendment to the Franchise Agreement OBJECTIVE: To amend the Franchise Agreement between CES and County to implement single stream recycling in District II per the terms and conditions of the Franchise Agreement enhancing recycling and waste reduction. CONSIDERATIONS: The County~s Solid Waste Management Department is responsible for ensuring that the Collier County Landfill has sufficient capacity available for the disposal of the Countyt s solid waste and for implementing the Integrated Solid Waste Management Strategy (ISWMS), which was approved by the Board of County Commissioners on December 5, 2006. The ISWMS includes options related to Source Reduction. Materials Reuse and Recycling, which will extend the life of the landfill and preserve natural resources which results in significant cost savings. Single stream recycling is a system that takes the two recycling ~'streams" collected through the curbside program (mixed paper and commingled containers) and puts them together in one cart. _ The impact of single stream recycling is potentially significant. Single stream recycling was first implemented in District I in October. 2005 and approximately 55% of the single family residential waste generated in the County is being recycled. Single stream recycling provides automated collection of the material and a larger container. It is convenient and cost effective to place and retrieve curbside. Achieving significant recycling participation over the long term will have a positive impact on preserving landfill airspace. On February 8, 2005, Agenda Item lOA. the Board of County Commissioners approved the Franchise Agreement between Collier County and Immokalee Disposal Company, Inc. (IDe) for the collection of solid waste and recyclables generated in Collier County District II. On September 11, 2007, The Board of COMty Commissioners approved an Assigrunent and Assumption Agreement between IDe and CES to assign and transfer to CES all interest in the District II Franchise Agreement. CES agrees to implement single stream recycling in District II per the terms and conditions ofthe Franchise Agreement. - CES has agreed to provide the single stream recycling for an additional $2.00 per year per residential account. The current annual compensation to CES is $88.80; the revised annual fee is $90.80. This represents a 2.2% increase in the annual fee. The impact on the individual residential accoWlt in FY2010 will be no greater than $2.00, resulting from increased recycling services provided with the benefit of saving landfill airspace. In addition, the Solid Waste Mandatory Collection fund will purchase the recycling carts, estimated at $267,000. CES win be responsible for the repair and maintenance of the carts. The County win review the performance of CBS prior to the end of the current contract term FY2013 and may extend the Franchise Agreement for an additional two (2) years, based on performance. market conditions and best value. Agenda Item No. 16C3 May 26,2009 Page 2 of 8 FISCAL IMPACT: Funds in the amount of $267,000 to purchase 5,750 recycling carts, at an estimated purchase cost of $46.43 each are available in Fund 473 (Mandatory Collection Fund) reserves. GRO\VTH MANAGEMENT IMP ACT: The amendment to the Franchise Agreement is compliant with the County's Growth Management Plan. The Solid Waste sub-elements of the Plan promote measures that will maximize the airspace (capacity) available at the landfill and aligns with the Board approved ISWMS calling for increased recycling to preserve valuable landfill airspace. The project is essential to the county's goal of environmental stewardship, growth management compliance, airspace preservation, operational excellence and best value service. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.-SRT RECOMMENDATION: To amend the Franchise Agreement between Collier County and Choice Environmental Services of Collier County, Inc. to implement single stream recycling in District II; approve a necessary budget amendment in the amount of $267,000; and authorize the Chairman of the Board to execute the Amendment to the Franchise Agreement. PREPARED BY: Mary Jo Thurston, Waste Reduction & Recycling Manager, Solid Waste Management Department. - Page 1 of2 Agenda Item No. 16C3 May 26, 2009 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C3 Recommendation to amend the Franchise Agreement Between Collier County (County) and Choice Environmental Services of Collier County, Inc. (CES) to implement single stream recycling in District II enhancing recycling and waste reduction; approve a necessary budget amendment in the amount of $250,000; and authorize the Chairman of the Board to execute the amendment to the Franchise Agreement. Meeting Date: 5/26/2009 90000 AM Approved By County Attorney Assistant County Attorney County Attorney Office Date Scott R. Teach 5/6/200912:01 PM Approved By Joseph Bellone Public Utilities Operations Supervisor Public Utilities Operations Date S/6f2009 1 :38 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 5/6f2009 3: 57 PM Approved By Mary Jo Thurston Public Utilities Waste Reduction & Recycling Manager Solid Waste Department Date Sf7/2009 8:46 AM Approved By Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 5f7/2009 9:03 AM Approved By Dianna Perryman Administrative Services Contract Specialist Purchasing Date 5/7/20093:00 PM Approved By Daniel R. Rodriguez Public Utilities Solid Waste Director Date Solid Waste 5/8/20099:20 AM Approved By Steve Carnell Purchasing/General Svcs Director Purchasing Date Administrative Services 5f8/2009 12:24 PM Approved By James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities Administration S/12f2009 1 :31 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/12/20093:34 PM Approved By file://C:\AgendaTest\Export\130-May%2026,%202009\16.%20CONSENT%20AGENDA\1... 5/20/2009 Page 2 of2 Agenda Item No. 16C3 May 26, 2009 Page 4 of 8 Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget Date 5/12/20094:02 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5115/2009 7: 13 PM file://C:\AgendaTest\Export\130-May%2026,%202009\ 16. %20CONSENT%20AGENDA \ 1... 5/20/2009 Agenda Item No, 16C3. May 26,2009 . Page 50f 8 . . Amendment #1 to the F~CmSE AGREEMENT BETWEEN COLLIER COUNTY AND CHOICE ENVIRONMENTAL SERVICES OF COLLIER INC. . . . . This First Amendment to a Franchise Agreement is entered into this ~ day of May 2009, by' and between Choice Environmental Services of Collier Inc. (referred to herein as "Contractor"), and Collier County, Florida.(ref<~rred to h~rein as "County"), collectively stated as the CIParties." RECllALS: WHEREAS, by agreement dated February 8,2005, County and Contractor's predecessor in interest Immokalee Disposal Company, Inc. ("IDe') entered into a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Trash Collection Services (tlte "Franchise Agreement''); and WHEREAS, Contractor succeeded to all of the rights and obligations of the Franchise Agreement pursuant to an assignment ~d assumption agreement dated Juile 15', 2007. which agreement was approved by the Board of County Commissioners on September 11, 2007; and WHEREAS, the parties wish to ~end the Franchise Agreement pursuant to the .terms and conditions set forth herein. NOW, THEREFORE, in considerl;l.tion of the foregoing Recitals, and. other good and valuable consideration,. the receipt and sufficiency of 'which is hereby mutually acknowledged, the Parties agree as follows: 1. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Following Contactor's distribution of the Recycling Carts,. ContraCtor will implement Single Stream Recyclirig to single-family and multi-family residents in 1mm~kalee District IT in accordance with the tenns and conditions of the FrancJ,1ise. Agreement. Single . . Stream means a sys~m that tak~' the two recycling "streams" collected through. the curbside'. program (mixed paper an~ commingled containers) and puts them together in one cart. Page 1 of4 Agenda Item No. 16C3 May 26, 2009 Page 6 of 8 (A) Contractor' shall do the foHowing: 1. Provide Single Stream curbside recycling service to single-family and multi- family residences in Immokalee District II at least once each week. This service . will be provided on one of the two days that garbage is being collected, in accordance with the terms and conditions of the Franchise Agreement. 2. Collect, transport and process Recyclable Materials, in accordance with the terms and conditions of the Franchise Agreement. 3. Distribute Recycling Carts to Residential Customers for the collection of reCycled materials within three (3) months following execution of this Amendment. 4. Maintain Recycling Carts in accordance with the terms and conditions of the Franchise Agreement. (B) County shall do the following: 1. County agrees to compensate Choice Environmental Services of Collier Inc., an additional $2.00 dollars annually per account for Single Stream Recycling. Current annual fee $88.80, revised annual fee $90.80. 2. County agrees to directly purchase Recycling Carts for Immokalee District IT Residential Customers. Maintenance and repair of carts will be the responsibility Of the Contractor. 3. County agrees to review performance of Contractor- prior to the end of the current contract term FY2013 and based on perfonnance, market conditions and best value, may extend the Franchise Agreement for an additional two -(2) years. - 3. The following constitute changes to existing clauses in the Franchise Agreement. Additions' to the existing language in the Franchise Agreement are shown by underline; deletions from the Agreement are shown bystrikethroughs, Page 2 of 4 Agenda Item No. 16C3 May 26,2009. Page 7 of 8 . 6.1.3 Residential Program Recyclables shall be Set Out for 'Collection in Reeyeliag Bins Recycling Carts. Cardboard placed in Recycling BiBs- Carts shall be flattened and~ if necessary, cut to a maximum size of3 ft.'x 3 ft. Flattened Cardboard may also be stacked and placed outside the Recycling Bin Cart. . 10.1.2.1 The Contractor shall ensure that each Residential Customer has at least one (1) RecycHng BiD Cart at all times during the term of this Agreement. Upon request by the Director, the Contractor shall deliver up to (2) Recycling B4fla Carts to Residential Customers that do not have them. . 10.1.2.2 The County shall" provide the Recycling BiBe Carts to the .Contactor for. distribution. . 10.1.2.3 The Contractor shall deliver up to two (2) Recycling Bifts Carts to new Residential Customers within five (5) Days of notification by the Director. . 10,7 Storage of Recycling BHts Carts. If requested by the Director~ the Contractor shall store new and replace~ent Recycling. Bia& Carts arthe Contractor's equipment yard or at another location in Collier County that is acceptable to' the County. The. Contractor shall pick-up the Recycling BiBa ~ from a location in C~11ier Count)'; as designated b~ the Director, and shall transport the Recycling Bins Carts to the Contractor's storage' yard, The Recycling BiBs Carts shall be kept in a safe, secure manner until they are delivered to the Contractor's Customers 'pursuant to this Agreement. Following the initial Recycling Carts delivery to the Residential Customer. the Contractor shall not be obligated to transport and store more . . . . than one hundred (l00) toouaand (1,000) Recycling Bifla Carts in any month or more . . than three hundred (300) thousand (1,000) Recycling BiBs Carts in any Agreement Year. . . 4. Except as amended, aI' other terms and. conditions of the Franchise Agreement . remain in lull force and effect. This Amendment and its provisions merge any prior agreements, . -- if any, between the parties with respect to the matters set forth in this Amendment. Page 3 of 4 " . Agenda Item No. 16C3 M;:lV /6 ?nn~ Pag~ 8 ot ~ IN 'WlTN,E8S wBREOF, the Partios !mve .eXecuted this Amendment to the Franchise' " " . .Agieetnont 013 the date imd year first: above written. . . A1TEST: CO~cr.OR: cHOlCERNVIRONMBNTAL SERVICES . OF COLI.JER INC. . . By; '~~L '{J . Corporate Secretmr/Witness ~.. By; '. .. PrlntedNam&:' ~ :;;V??Ud~j Title: ,& ,r-.r . OWNER: AT'fEST:' . , .n~GH'rE:, BROCK, ~erk , ' BOARD OF COUNlY COMMISSIONERS OF CO~ COUNTY* FLORIDA By. By: DONNA F.IAl..A, Cbainnsn . , ~ Deputy Clem , Page 4 of4 ~ II I