Agenda 07/28/2009 Item #16C11Agenda Item No. 16C11
July 28, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Amendment One (1) to the Franchise Agreement between
Collier County and Waste Management Inc., of Florida, for Solid Waste, Recyclable
Materials, and Yard Trash Collection Services, to provide debris removal services after a
natural or man-made disaster.
OBJECTIVE: To provide adequate equipment and human resources, after a natural or man-
made disaster, to assist county staff with the removal and disposal of the disaster generated
debris enabling the county to restore essential services in a prompt, timely, and efficient manner.
Approval of this amendment will also secure billing rates that meet Federal Emergency
Management Agency (FEMA) debris removal and reimbursement guidelines.
CONSIDERATIONS: The Solid Waste Management Department strives for proactive
planning and operational readiness so that contracted services are fully available upon notice to
provide disaster - generated debris removal and disposal services. Waste Management Inc., of
Florida (WMIF), is a valuable contractor in daily business, as well as after disasters, and
provides a networked fleet of vehicles and drivers that can be ready with minimal notice.
The Franchise Agreement between Collier County and WMIF for Solid Waste Recyclable
Materials and Yard Trash Collection Services (Agreement) was approved by the Board of
County Commissioners on February 8, 2005, Agenda Item I O.A. The Agreement allows for as-
needed services should there be excessive amounts of disaster - generated debris accumulated.
The county has experienced numerous hurricanes and tropical storms since the approval of the
Agreement. The need to utilize the services of WMIF, in addition to the firms already under the
debris removal contract, is imperative to provide immediate post -event clean up, and best -value
customer service. In conjunction with the debris removal contract, clarifications to those
sections of the Agreement related to emergencies, disaster debris removal, and payment for these
services were reviewed and amended.
This amendment will allow WMIF to provide debris removal services and equipment on an as-
needed basis to ensure county debris collection coverage after small storms, and to provide
assistance to finish debris removal after large storms. This amendment will also allow WMIF to
provide services above and beyond current horticulture waste pickups; to align billing and rates
which meet FEMA debris removal guidelines for equipment and labor reimbursements; and, to
provide for "best weighing" practices for accurate measuring and monitoring. Exhibit VII,
"Monthly Residential Collection Tonnage," is an integral component of the Agreement, and is to
be updated annually. Per this contractual requirement, Exhibit VII has been recalculated to
identify the average tonnages per month of residential solid waste, yard waste, tires, and white
goods collected in Service District I and Service District II, reflecting the four year averages
from the fiscal years 2005, 2006, 2007, and 2008.
Lessons learned from previous storms, Charlie and Wilma, provided for a change in the
reimbursement structure from a per hour rate to a per ton rate. Positive reviews were received
from FEMA and the Florida Division of Emergency Management on the transition from hourly
Agenda Item No. 16C11
July 28, 2009
Page 2 of 10
rates to per ton rates. The coordination between these agencies provides Collier County for best
practices and positive reimbursements for claims, and confirmation of compliance with FEMA
325 (2007) Debris Management Guidelines for costs and contracted services.
Approval of this amendment will provide additional resources needed where large contractors
may not be best suited for debris recovery. Waste Management Inc. of Florida possesses the
vehicles, equipment and staff familiar with Collier County right -of -ways enabling quick response
to smaller debris piles for collection and close -out of debris missions, as experienced with
Tropical Storm Fay. This is a best value solution with pre - negotiated rates that ensure prompt
and efficient response to debris collection during an emergency event.
FISCAL IMPACT: The fiscal impact of this amendment will be based on each disaster,
natural or manmade, and is dependent on the number and severity of the disastrous events.
Events declared as Disasters by Presidential Decree are eligible for up to 75% reimbursement by
FEMA and potentially up to 15% from the State Emergency Fund. Accurate documentation of
the quantities and types of materials removed and disposed is critical to maximize the amount of
reimbursement.
GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be
tasked under it will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a
regular item requiring a majority vote. - JBW
RECOMMENDATION: Recommendation that the Board of County Commissioners approve
Amendment One (1) to the Franchise Agreement between Collier County and Waste
Management Inc., of Florida, for Solid Waste, Recyclable Materials, and Yard Trash Collection
Services, and authorizes its Chairman to sign Amendment One (l).
PREPARED BY: Linda Jackson Best, M.B.A., Compliance Manager, Solid Waste Management
Department
Page 1 of 2
Agenda Item No. 16011
July 28, 2009
Page 3 of 10
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C11
Item Summary:
Recommendation to approve Amendment One (1) to the Franchise Agreement between
Collier County and Waste Management Inc., of Florida,
for Solid Waste, Recyclable
Materials, and Yard Trash Collection Services, to provide
debris removal services after a
natural or man -made disaster.
Meeting Date:
7/2812009 9:00:00 AM
Approved By
Linda Best
Compliance Manager
Date
Public Utilities Division
Solid Waste Management Department
7/7/2009 10:25 AM
Approved By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
7/7/2009 10:48 AM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
717/2009 11:15 AM
Approved By
Daniel R. Rodriguez
Solid Waste Director
Date
Public Utilities
Solid Waste
7/712009 5:04 PM
Approved By
Steve Carnell
Purchasing /General Svcs Director
Date
Administrative Services
Purchasing
7/7/2009 8:00 PM
Approved By
Peter Lund
Operations Analyst
Date
Public Utilities
Public Utilities Operations
71812009 7:57 AM
Approved By
Amia Curry
Engineering Technician
Date
Public Utilities
Public Utilities Operations
7/8/2009 9:37 AM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/8/2009 3:35 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
719/2009 9:14 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management S Budget
719/2009 9:43 AM
Approved By
Randy Greenwald
Management /Budget Analyst
Date
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County Manager's Office Office of Management & Budget
Approved By
Leo E. Ochs, Jr
Board of County
Commissioners
Deputy County Manager
County Manager's Office
Page 2 of 2
Agenda Item No. 16C11
July 28, 2009
Page 4 of 10
7/9/2009 4 :34 PM
Date
7113/2009 6:03 PM
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Agenda Item No. 16C11
July 28, 2009
Page 5 of 10
Contract Amendtnent 41
"Franchise Agreement Behveen Collier County and
Waste Management Inc, of Florida for
Solid 'Waste, Recyclable Materials, and Yard Trash Collection Services"
This amendatent, dated July 28, 2009 to the referenced agreement shall be by and between the parties to the
original Agreement, Waste Management Inc. of Florida (to be referred to as "Con(ractor ") and Collier County,
Florida, (to be refen•ed to as "Owner ").
Statement of Understanding
RE: Franchise Agreement Between Collier County and 'Waste Management Ine. of Florida for Solid
Waste, Recyclable Materials, and Yard Trash Collection Services
In order to continue the services provided for in the original Contact document referenced above, the Contractor
agrees to amend the above referenced Contract as follows:
To provide adequate equipment and hunian resources debris removal services after a natural or man -
mnde disaster and to secure billing rates that meet Federal Emergency Management Agency (FEMA.)
debris reinovsl and reimbursement guidelines, and to update Contract Exhibit VII, Monthly Residential
Collection Toniiae as per Exhibit 1 attached and made an integral part of this Aniendinent.
All other terins and conditions of the agreement sliall remain in force.
IN WITNESS WHEREOF, the Contractor and (lie County have each, respectively, by an authorized person or
agent, hereunder set their liands and seals on the date(s) indicated below.
Accepted: , 2009
CONTRAC"I'OR:
Waste Management Inc. of Florida
By:
PrintNameandTitle
ATTEST:
Dwight E. Brock, Clerk
Approved as to form and
Legdsu Frfi,ciei�to�y : ,
Assistant County Attorney
Srr ril tJ �- F ii a— B. W 11 1-T F
Nance
OWNER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Donna Fiala, Charon %an
By:
-11110 ackson Bres, onipliance
D P jkkTMEN aT DTI
Darnel R. Rodriguez l
DIVISIONAON4I IS R�
f _
By
Jan es DeLony
(IIrJ 'RAC "C Sf1✓CIALIf;j ST
13y: �l �J -�itC� – lwt4 �
Dianna Perryman
Agenda Item No. 16C11
July 28. 2009
Page 6 of 10
Exhibit 1
Contract Amendment #1
Franchise Agreement Between Collier County and Waste Management Inc. of Florida for Solid Waste,
Recyclable Materials and Yard Trash Collection Services.
Note: Words sti- tiekthrough have been deleted, words underlined have been added.
20. Emergency Situations and Disaster Debris
20.1 Use of Contractor Services
If excessive amounts of Disaster Debris accumulate because of a hurricane;tropical sterin, freeze,
natural or manmade emergency disaster, the County, at its sole discretion, may utilize the
Contractor to assist with Collection of the Disaster Debris. The County also -may also, at its sole
discretion• utilize the County's Disaster Debris Contract # 05 -3661 in aeeardanee -}rith the for
disaster generated debris management and disposal Cou 's--L'etnprel iar — �
Management Plan, as -ein fline to time. If the Director determines that an emergency
situation exists, providing the Contractor is_not impacted_ by the storm (s) and is able to perform the
work. the Director may direct the Contractor to perform such work for the Rates specified in Section
26.2 of this Agreement through i the issuance of a Purchase Order. All materials associated with the
debris mission must be weighed at the Collier County Landfill or the Immokalee Transfer Site for
documentation, unless authorized in writing by the Director. Nothing herein shall require the County
to utilize the services of Contractor, or prevent the County fi-orn hiring other parties to perform part
or all of such work. The County also reserves the right to utilize County personnel and equipment in
the removal of Disaster Debris,
20.2 Variance in Routes and Schedules
In the event of a hurricane, :. storm, *t natural or man -made emergency disaster, the
Director may grant Contractor�in writing a variance from the Contractor's regular routes and
schedules. In the event such a variance is granted, there shall be a corresponding reduction in
payment to the Contractor, if appropriate. As soon as practicalable after such a disaster, the Director
shall advise the Contractor in writing when normal Collections and routes can be resumed. The
County and the Contractor shall make every effort through the local news media to inform the public
when regular services can resume.
26. RATES
26.2.1 If the quantity of Yard Trash collected from Residential Customers in a given month exceeds one
hundred ten percent 1l I O %o �et of the previous four -� }ear average quantity of Residential
Yard Trash collected during that month, the County shall pay the Contractor a per-hetff ton rate for
each light, tree ton eelleet of Yard Trash collected in excess of one hundred percent (100 °
pereen of the average. The hourly per ton rate for an Federal Emergeney r4aflagefflefl
Ad.; ni `°atien (FOA ) emergency disaster shall not exceed event two hundred-eighteen $440
$218.001 dollars per hear ton; the— hotrrly rate fei- a Non �* is $125 .00. Vdaste
Management will provide one (1) compaction rear load vehicle to include the driver and helper. The
current four -year monthly averages are provided in Exhibit VII, and will be recalculated annually.
1 -1
Agenda Item No. 16011
July 28, 2009
Page 7 of 10
26.2.2 If the quantity of Solid Waste collected from Residential Customers in a given month exceeds one
hundred ten percent (110 Lo)pefeent of the previous four -year average quantity of Residential Solid
Waste collected during that month, the County shall pay the Contractor a per how ton rate for each
heir• ton needed to of colleet- Solid Waste collected in excess of one hundred percent (100% percent
of the average. The heui4y ep r ton rate for an emergency disaster shall not exceed a FEMA event one
hundred eighty-one ($181.00) dollars. . Waste
Management will provide one (1) compaction automated vehicle to include the driver. The monthly
averages for 2002 5 -20038 are provided in Exhibit VII. The most recent four year averages will be
determined on the commencement date and calculated annually thereafter.
26.2.3 If the County directs the Contractor to utilize roll -off containers for Collection of Disaster Debris, the
County shall pay the Contractor per hour for placement and collection of each roll -off container. The
per hour charge for a emergency disaster- FEMA eN,ent is is one hundred -twenty five_($12544-5.00)
dollars; the per hour- ehaEge f; " ^ nen FEMA event is $100_00_ Tipping Fees will be paid by the
County.
26.2.4 At its option, the County may pay the Contractor per Ord ton for the Collection of Yard Trash,
instead of the amounts authorized in Section 26.2.1, above. This fee will be for dedicated non-
compaction vehicles to assist in Disaster Debris cleanup, the debris may not be comingled with
regular yard trash. The fee would be one hundred ten ($110) dollars per ton; this rate includes one
claw vehicle and one operator, the County will pay all tipping fees. ees. This fee shall be in eff- et `'••r ^b
the first AgreemeEtt Year. This fee shall be reviewed and renegotiated annually.
1 -2
Agenda Item No. 16011
July 28, 2009
Exhibit I Page 8 of 10
Contract Amendment #1
Franchise Agreement Between Collier County and Waste Management Inc. of Florida for Solid Waste,
Recyclable Materials and Yard Trash Collection Services.
EXHIBIT VII
MONTHLY RESIDENTAL COLLECTION TONNAGE
Provided below are the average tonnages per month of residential solid waste, yard waste, tires and white goods
collected in Service Districts I and II. Tonnages are an average of 4 fiscal years (FY2005, 2006, 2007, and 2008)
Service District I
Month
Solid Waste
Tonnage
Yard Waste
Tonnage
Tires
Each
White
Goods
Tonnage
October
7,941.598
762.965
396
134.748
November
8,456.640
729.045
350
109.855
December
8,243.550
591.543
320
124.855
January
8,864.255
689.670
286
125.275
February
7,715.663
581.265
268
101.078
March
8,689.630
; 719.408
391
137.118
Aril
8.238.325
758.293
412
107.960
May
8,024.513
768.755
380
95.380
June
7,862.563
771.628
322
106.915
July
7,686.718
777.610
320
92.840
August
7,657.178
877.170
309
95.298
September
7,272.548
842.973
324
105.883
Service District II
Month
Solid Waste
Tonnage
Yard Waste
Tonnage
Tires
Each
White
Goods
Tonnage
October
772.470
18.555
176
14.428
November
807.820
10.433
159
16.705
December
875.108
14.498
191
14.715
January
916.018
17.363
167
13.090
February
840.980
16.808
173
12.660
March
846.920
23.300
176
12.683
A ril
884.120
14.258
107
9.823
..May
954.375
22.448
104
13.330
June
894.483
16.083
122
10.068
July
815.340
14.258
94
9.455
August
802.765
18.215
104
11.208
September (
738.558 j
17.570
108
9.573
1 -3
07/0712009 10:00 2397749222
,Bane 9.2009
Linda Jackson Jest
Compliance lvlans+ger
S, olid Waste Management Depturtment
Public Utilities Divi,,ion
SOLIBWASTE
Agenda l 0 1
*� y 299
Page 9 of 10
WASTE MANAG1671► ENT
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Waste Management Inc. of Florida would like to propose the following contract changes t'or Section
26,2 Spccial RAtes for .Emergoncy Situations and Dimster Debris cffeetive July 1, 2009,
Section 26.2.1
Waste Management and Collier County have agreed to consolidate the hourly collection rate for Yard
Trash from two 4idividual hourly .rates into one per ton w1leation rate for this service. Waste
Management would provide One compaction 'dear Load Vehicle to include the Driver and the Holper
for ,% per hour rrtc of $1 QTm=)iew. The County will l - all tipping fees.
26.2.2 `��` 20/1101
Waste Management anti the County )nave agreed to consolidate the hourly collcati,an rate for Solid
Waste from two individual rateN into ono per ton collection rate for this service, Waste Management
would provide One compaction Automated Vehicle to Include the Driver Por a per )tout` we of S+9M
„mar. Tho County will pay all tipping fees.
26,23
If the County dirnets Waste Management to utilize Roll -Off oontaincrs for Collection of Disaster Debris,
the County shall pay Waste Manageraoitt a per hour ibe for the plicernent and Collection of each roll -off
container, The rate per hour would be $125,00 per hour_ The, County will pay all tipping Fees associated
with the roll -o (T containers.
26.2,4
At its option, the County may pay Waste Magagernent a per c� d-t!t for the Collection of Yard
Trash, in8tc.ad of the amounts authorized in Section 26,2.1. This fec wil I be for nom - compaction vchicle4
to assist in Disaster Debris cletttnup. The fce wm ld be .54* 50 pemmtlrr d; this rate includes one ei �
vehicle and carte operator. '7r�?�`�3 .,,.
7�� '
Agenda Item No, 16C1 1
July 28, 2009
Page 10 of 10
WASTE MAMAGEMEM'
4506 Exchange Avenue
Naples, PL 34104
(941) 649 -2212
(941) 649.5644 Fax
Waste Management would work with the county on establishing equipment needs to assist in the
removal of Disaster Debris. We would organize equipment needs by utilizing internal equipment and
external equipment if needed for the cleanup. Our Disaster Team would be mobilized within the County
and begin the process of assessing the needs and organizing the equipment.
I have attached pictures for your review regarding the equipment we utilize for collection of storm
debris. If you have any questions regarding our proposed rate changes feel free to contact me at 325-
3208.
Sincerely,
Larry Berg
District Manager