Backup Documents 05/26/2009 Item #16C 3
16C3
MEMORANDUM
Date: June 11,2009
To: Diana DeLeon,
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to the Franchise Agreement Between
Collier County and Choice Environmental Services of
Collier Inc.
Attached, please find two original as referenced above (Agenda
Item #16C3) approved by the Board of County Commissioners on
Tuesday, May 26, 2009.
The Minutes and Records Department has kept one of the original
documents for the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures
16C3
Amendment #1 to the
FRANCHISE 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 (referred to herein as "County"), collectively stated as
the "Parties."
RECITALS:
WHEREAS, by agreement dated February 8,2005, County and Contractor's predecessor
in interest Immokalee Disposal Company, Inc. ("IDC") entered into a Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash Collection Services (the "Franchise
Agreement"); and
WHEREAS, Contractor succeeded to all of the rights and obligations of the Franchise
Agreement pursuant to an assignment and assumption agreement dated June 15, 2007, which
agreement was approved by the Board of County Commissioners on September 11, 2007; and
WHEREAS, the parties wish to amend the Franchise Agreement pursuant to the terms
and conditions set forth herein.
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:
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 Recycling to single-family and multi-family residents in Immokalee
District II in accordance with the terms and conditions of the Franchise Agreement. Single
Stream means 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.
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(A) Contractor shall do the following:
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 lmmokalee District II
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 performance, 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 by strikethroughs.
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. 6.1.3 Residential Program Recyclables shall be Set Out for Collection in Recycling Bins
Recycling Carts. Cardboard placed in Recycling BiBs Carts shall be flattened and, if
necessary, cut to a maximum size of 3 ft. x 3 ft. Flattened Cardboard may also be stacked
and placed outside the Recycling Bffi Cart.
. 10.1.2.1 The Contractor shall ensure that each Residential Customer has at least one (1)
Recycling Bffi Cart at all times during the term of this Agreement. Upon request by the
Director, the Contractor shall deliver up to (2) Recycling Bffis Carts to Residential
Customers that do not have them.
. 10.1.2.2 The County shall provide the Recycling Bffis Carts to the Contactor for
distribution.
. 10.1.2.3 The Contractor shall deliver up to two (2) Recycling Bffis Carts to new
Residential Customers within five (5) Days of notification by the Director.
. 10.7 Storage of Recycling Bias Carts
If requested by the Director, the Contractor shall store new and replacement Recycling
Bffis Carts at the Contractor's equipment yard or at another location in Collier County
that is acceptable to the County. The Contractor shall pick-up the Recycling BiBs Carts
from a location in Collier County, as designated by the Director, and shall transport the
Recycling Bffis Carts to the Contractor's storage yard. The Recycling Bins 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 (100) thousand (1,000) Recycling B.ffis Carts in any month or more
than three hundred (300) thousand (1,000) Recycling Bins Carts in any Agreement Year.
4. Except as amended, al~ other terms and conditions of the Franchise Agreement
remain in full 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.
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IN WITNESS WHEREOF, the Parties have executed this Amendment to the Franchise
Agreement on the date and year first above written.
.
CONTRACTOR:
ATTEST: CHOICE ENVIRONMENTAL SERVICES
OF COLLIER INC.
By" L/4t//~~~ fIf'
. C;orporate SecrefarylWitness By: ~ .(t/; ~
P~ntfd ~e: AJrAt/ p,~ 7?16UC'
TItle: /Cd! .
OWNER:
ATTEST: " BOARD OF COUNTY COMMISSIONERS
DWJOijt'J!.'~ROCK, Clerk OF COLLlE(fOUNTY, FLORIDA
~~~k By: /jJ~ d-~
~t.est ~U ,t4)!, ~~etk DONNA FIALA, Chairman
.'f.l~.t~. ...., ~,'
Approved.as to: form and
Ie a1 Ii ienc .
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