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Backup Documents 07/28/2009 Item #16C11 1 6 C 1 1 ORIGINAL DOCUMENl'S CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL OIHGINAL DOCUl\1ENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink papa. Attach to original document. Original documellls ,hould be hand delivered to the Board Oftice. The completed routing slip and original documents are to be fi)1'\\ arded tn the Board Oftice only after the Board has taken action on the item.) ROUTIN(; SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chail111an'S signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routino order) 1. ------------- ,--_..__.~--~.._---~- -- -- 2. ------ _._..___~.___.__'__~~_.._. - ___.____h.__ _.,"__" _."._._--_.._----_._--,-._..."--------~-" ----- --'-"--'--.- --.-.-- 3. -.' ._.__.,-_.._._.".~ --------------- -- --.--- ---------------- 4. ----..---..-.------ --.---..,.-----.--.----." 5. Sue Filson, Executive Manager Board of County Commissioners (1 '}IO '7 PRIMARY CONTACT INFORMATION (The plimalY contact is ~le holder of the original doeumll1t pending BCC apprOlal Normally the primary contad is the person "ho created/prepared the execulhe summary. Primary contact information is needed in the e\'ent one of the addressecs above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing Ihe BCe Chairman's signature arc 10 he delivered to the BCC ofliee only after the BCC has acted to approve the item) Name of Primary Staff L ill c-f c>-- -Jt? c A SOil '/3t":' f' Phone Number ;.( 5.,':./ _j{i:; '7 Contact Agenda Date Item was _:7:.. Iy 2, ~i L.uC <; Agenda Item Number ! . /;' II Approved by the BCC Itc-. C- Type of Document Arnenc( n )(.0,1 -f Number of Original -ILUO Attachcd Documents Attached INSTRllCTlONS & CHECKLIST [nitial the Yes column or mark "NfA" ill the Not Applicablc column, whichever is Ycs NfA (Not appropriate. ([nitial) Applicable) I. Original document has been signed/initialed for legal sufticicncy, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed lr by the Office of the County Attomey. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all pat1ies except (he Bee Chairman and Clerk to the Board and possibly State Otlicials.) 2. All handwritten strike-through and revisions have been initialed by the County Attot11ey's ;/f Office and all other pat1ies except the BCC Chairman and the Clerk to (he Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the -) t'J document or the final negotiated contract date whichever is applicable. ,- 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's :j(:> sionature and initials are required. 5. [n most cases (some contracts are an exception), thc original document and this routing slip should be provided to Sue Filson in the BCC oftice within 24 hours of BCC approval. ,IJ'0 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. [~e aware ofyo~jeadlines'--___ -- I: Forms! County Formsl Bee Forms! Original DUClIlllt:llIS Houtillg Sllp WWS Original 90] 01 11) r 1. 1 I MEMORANDUM Date: July 29, 2009 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Amendment #1 for Solid Waste, Recyclable Materials and Enclosed please find one original amendment, as referenced above, (Agenda Item #16C11) approved by the Board of County Commissioners on Tuesday, July 28, 2009. An original has been kept by the Minutes & Records Department for the Boards records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures '^...._-,~._":,.,"~._---~,,""..,,- ~''lIi' .' -"~~,,;~,,~,, "',.""""''".-..,,.._-_......,~,''- . ~w_~"'''_'m~'' _~'" W"_ ,.. _.~ "__""._ 16 C 11 j Contract Amendment #1 "Franchise Agreement Between Collier County Hnd \\Taste Management Inc. of li'lorida for Solid Waste, Recyclable Materials, mul Yard Trnsh Collection Services" This amendment, 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 "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statcmen t of Understanding RE: F.oanchise Agreement Between Collier County and Waste Management Inc. of Florida for Solid Waste, Recyclable Matel"ials, 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 human resources debris removal services after a natural 01' man- made disaster and to secure billing mtes that meet Federal Emergency Management Agency (FEMA) debris removalllnd reimbursement guidelines, and to update Contract Exhibit VII, Monthly Residential Collection Tonnage as per Exhibit lllttached Hnd made an integral part of this Amendment. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the COIll1ty have each, respectively, by an authorized person or agent, hereunder set their hands ami seals on the datc(s) indicated,below, Accepted, Jld!f-~ r ,2009 CONTRACTOR: oL: Waste Management Inc. of Florida BV~ ' - -- -.'--. ....... ... --.--......--.-.------.-:- ..- ,,,~ ~... ~~~,,~ Print Nam(Nllidfitl&' ,);. .':'. 'y~ \ 't -t..E Rwck Clerk , ,l.;~:.-s l 1\ ~to C he 1 rtJl.drl , APPl'Ov~~1~\Rrn~t\(f Legal sufficielJ<::Y: Daniel R. Rodri z ~ ~\3v~ k~ . DIVISION ADrv~SRATOI~" ., Assistant County Attorney '----- --_. __ I ,,//.,(,L~- ::$'"i. ";f\.)_~~_L l.)U ,,-'\f..- B ': -'-<-'~'~~/ f.t::.!. ~ (7.'.:.----- Name ~ amcs DcLony ( ''-...... C(' RAC!' SPECIALIST . ~) \\1 13 y:. '<fe. Cl-t/\l:IL:.. ".\_':~'~~~:}~_l!~P::::I~'c", .. Dianna Perryman J ~"'., I ._-.. ....~ -',,- ..... - ~-~..- 16 Cl 1 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 5tmek:-through 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 storm, freeze, or ethef 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 alse-may also, at its sole discretion, utilize the County's Disaster Debris Contract # 05-3661 in accordance with the for disaster generated debris management and disposal.CoUflty' s Comprehensive Emergency Management Plan, as amended from time 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 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 from 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, major storm, or other 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 (11 O~ percent of the previous four -.C1)year average quantity of Residential Yard Trash collected during that month, the County shall pay the Contractor a per-fiem: ton rate for each hour needed to ton €elleet-.m Yard Trash collected in excess of one hundred percent (100 %) percent of the average. The fleHf.ly per ton rate for an Federal Emergency Management l\dministration (FE~LA~) emergency disaster shall not exceed evefl:t two hundred-eighteen ($-l-4() $218.00) dollars per hoof ton; the- hourly rate for a Non FEMA e'/ent is $125.00. Waste 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 'n""~..,,_~"'" f ~, w , ""'-~"'- . ,-,,"~"-"'~-~-~" 16 ell 26.2.2 If the quantity of Solid Waste collected from Residential Customers in a given month exceeds one hundred ten percent {II 0 llipcrcont of the previous four-year average quantity of Residential Solid Waste collected during that month, the County shall pay the Contractor a per-fieHf ton rate for each fte.af ton needed to of collect Solid Waste collected in excess of one hundred percent (lOO~ percent of the average. The heffi:Jy per ton rate for an emergency disaster shall not exceed a fEM"^. event one hundred eighty-one ($181.00) dollars. the hourly rate for a Non fEMA event is $125.00. Waste Management will provide one ( 1 ) compaction automated vehicle to include the driver. The monthly averages for 200~ 2-200:J.ji 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- fEM.^. event is is one hundred-twenty five_($125~.00} dollars; the per hour charge for a non fE~{'^. eO/CRt is $100.00. Tipping Fees will be paid by the County. 26.2.4 At its option, the County may pay the Contractor per cubic yard 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. This fee shall be in effect during the first }.grecment Y car. Ihis fee shall be reviewed and renegotiated annually. 1-2 , --"'_.""_'''''''--''-'~''._.._' """",.-..,--...,-.""""".-...".,,. "-~"'"~' ",~._"._.".. 16 C 11 Exhibit I Contract Amendment #1 Franchise Agreement Between Collier County and Waste Management Inc. of Florida for Solid Waste, Recyclable Materials and Yanl Tt'ash Collection Sel-vices. 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) Sel-vice Distl'ict I White Month Solid Waste Yard Waste Tires Goods Tonna{!e TonuR{!e Each 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 April 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 White Month Solid Waste Yard Waste Tires Goods Tonnage Tonnae:e Each 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 -- Febl'llary 840,980 16.808 173 12.660 March 846.920 23.300 176 12.683 April 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 17.570 108 9.573 1-3 ~-"._-,,-,-<-' "" .~".~-"".