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Item C12BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Division: Public Works Bulk Item: Yes X No _ Department: Solid Waste Mgmt. Staff Contact Person/Phone No.: Beth Leto/292-4560 AGENDA ITEM WORDING: Approval of Amendment and 1st Renewal of Franchise Agreement with Ocean Reef Club, Inc. ITEM BACKGROUND: The current Solid Waste and Recycling Collection Franchise Agreement will expire on September 30, 2009, but may be renewed upon mutually agreeable terms. In exchange for a five-year renewal term, an additional five-year renewal option, and a diesel fuel surcharge adjustment calculated on an annual in -arrears basis, the Franchisee has agreed to: assist the County in achieving a forty percent (40%) recycling rate by 2014; annually purchase at its expense residential recycling bins for its service area; help Monroe County capture recycling numbers from commercial businesses that haul out their own recyclables; and increase the Franchise Fee paid by the Franchisee to the County from 3% to 5% to fund a Countywide Recycling program consisting of County staff, educational materials, brochures, premiums, etc. PREVIOUS RELEVANT BOCC ACTION: On May 19, 2004, the BOCC approved the most recent franchise agreement. CONTRACT/AGREEMENT CHANGES: Renew Solid Waste and Recycling Collection Franchise Agreement for five (5) years, add a five-year renewal option, and provide the Franchisee with an annual diesel fuel surcharge adjustment, in exchange for the Franchisee assisting the County in achieving a forty percent (40%) recycling rate by 2014; annually purchasing recycling bins for its service area; helping the County capture recycle numbers from commercial businesses that haul out their own recyclable; and increasing the Franchise Fee from 3% to 5% to fund a countywide recycling program consisting of County staff, educational materials, brochures, premiums, etc. Also changes to various sections referencing incorrect exhibit numbers, and adds a section to allow the Franchisee to charge a convenience fee for customers using credit cards to pay for services. STAFF RECOMMENDATIONS: Approval. TOTAL COST: approx. $284,000/yr. BUDGETED: Yes x No [fuel surcharge adjustment will not be made until FY2011 (10/l/2010)1 COST TO COUNTY: same SOURCE OF FUNDS: Solid Waste Special Assessment REVENUE PRODUCING: Yes X No AMOUNT PER MONTH YEAR Estimated add'1. $12,500 APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #