Item C26BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:03/18/15Division:Public Works_______________
Bulk Item: Yes XNoDepartment:Solid Waste Management
Staff Contact:Kevin Wilson
AGENDA ITEM WORDING:A
pproval ofAmendment 1 to the Amended and Restated Haul-Out,
Operations and Maintenance Agreement with Waste Management of Florida, Inc. (WM) to provide for
revisions to implementthe County’s Yard Waste Processing Program.
__________________________________________________________________________________
ITEM BACKGROUND:
The County in furtherance of the Yard Waste Processing Program issued a
th
Request for Proposals (RFP) for yard waste processing services on July 29, 2014 and the BOCC
subsequently approved an interim agreement with Energy 3, LLC (Vendor) for yard waste processing
services at its last meeting. The County in collaboration with WM and Vendor has designated space at
the county owned transfer stations for Vendor to load and process the County’s yard waste.
PREVIOUS RELEVANT BOCC ACTION:
The Amended and Restated Haul-Out, Operation and
Maintenance Agreement(Haul-Out Agreement) was approved on May 21, 2014. An Interim
Agreement with Vendor to process yard waste was approved February 18, 2015.
CONTRACT/AGREEMENT CHANGES:
Revisions to the Haul-Out Agreement in order to
recognize and implement the County’s Yard Waste Processing Program, and specifically provide for
site sharing with current yard waste processing vendor and designate “Yard Waste Processing Area”
within the Lease Area; providing for WM to process yard waste at the County’s option only in the
event of defaultby Vendor, termination of Vendor’s contract,or in an emergency.
__________________________________________________________________________________
STAFF RECOMMENDATIONS:Approval
TOTAL COST:BUDGETED:
Yes XNo
COST TO COUNTY:SOURCE OF FUNDS:Special Assessment
REVENUE PRODUCING:AMOUNT PER YEAR:
Yes No XN/A____________
(approximately)
APPROVED BY:
County AttyOMB/Purchasing Risk Management _N/A__
DOCUMENTATION:
Included XNot Required_____
DISPOSITION:AGENDA ITEM #
Revised 11/06
•
* REVISED *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 03/18/15 Division: Public Works
Bulk Item: Yes X No _ Department: Solid Waste Management
Staff Contact: Kevin Wilson
AGENDA ITEM WORDING: Approval of Amendment 1 to the Amended and Restated Haul-Out,
Operations and Maintenance Agreement with Waste Management of Florida,Inc. (WM)to provide for
revisions to implement the County's Yard Waste Processing Program.
ITEM BACKGROUND: The County in furtherance of the Yard Waste Processing Program issued a
Request for Proposals (RFP) for yard waste processing services on July 29th, 2014 and the BOCC
subsequently approved an interim agreement with Energy 3, LLC (Vendor) for yard waste processing
services at its last meeting. The County in collaboration with WM and Vendor has designated space at
the county owned transfer stations for Vendor to load and process the County's yard waste.
PREVIOUS RELEVANT BOCC ACTION: The Amended and Restated Haul-Out, Operation and
Maintenance Agreement (Haul-Out Agreement) was approved on May 21, 2014. An Interim.
Agreement with Vendor to process yard waste was approved February 18, 2015.
CONTRACT/AGREEMENT CHANGES: Revisions to the Haul-Out Agreement in order to
recognize and implement the County's Yard Waste Processing Program,and specifically provide for
site sharing with current yard waste processing vendor and designate"Yard Waste Processing Area"
within the Lease Area;providing for WM to process yard waste at the County's option only in the
event of default by Vendor,termination of Vendor's contract,or in an emergency.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: BUDGETED: Yes X No
COST TO COUNTY: SOURCE OF FUNDS: Special Assessment
REVENUE PRODUCING: Yes_ No X AMOUNT PER YEAR: N/A
(approximately)
APPROVED BY: County Atty OMB/Purchasing Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM C-26
* REVISED: Now -c udes Amendment 1 *
Revised 11/06
Amendment 1 to the Amended and Restated
Haul-out,Transfer Stations Operations and Maintenance Agreement
This Amendment 1 to the Amended and Restated Haul-Out,Transfer Stations,Operations and
Maintenance Agreement dated May 21,2014 is entered into this 18th day of March,2015 between
Waste Management of Florida, Inc. ("WM") and Monroe County Board of County Commissioners
("County"or"BOCC").
WHEREAS,The County entered into the Amended and Restated Haul-Out,Transfer Stations,Operations
and Maintenance Agreement(Agreement)on May 21,2014;and
WHEREAS,The County in furtherance of its Yard Waste processing program issued a Request for
Proposals(RFP)on July 29th,2014;and
WHEREAS,on February 18th,2014,the BOCC approved an interim Agreement for Yard Waste Processing
Services with Energy3, LLC(Vendor);and
WHEREAS,in order to further clarify the obligations of the parties, provide adequate space for yard
waste processing services at the County's transfer station sites and designate a Yard Waste Processing
Area at each site for use and access by Vendor,this Agreement is being modified;
NOW THEREFORE, in consideration of the above premises and the mutual obligations undertaken
herein,the parties hereby agree as follows:
1. Section 2.05 shall be amended as follows:
2.05 County Visitation and Inspection of the Facility; Record Keeping and Reporting; Testing.
(a) At any time during the term of this Agreement the County, its agents, and its representatives
shall have the right to inspect,visit and to take visitors through the Facility in order to inspect,
observe, and to permit others to observe the various services which the Operator performs,
provided that such inspection and visitations shall not interfere with the performance of the
Operator's obligations under this Agreement and are in compliance with Section 2.05(d)
At any time during the term of this Agreement the County shall have the right to allow other
vendor(s) to process the horticultural waste on behalf of the County, either at the transfer
stations located at Cudjoe, Long Key and Key Largo or at separate locations, as directed by the
County.The Operator shall permit such services by other vendor(s), provided that such service:,
arc not within the Yard Waste Processing Area as outlined within the Leased Area of the
premises as outlined in Exhibit G attached, and provided that such service by other vendor(s)
shall not interfere with the performance of the Operator's obligations under this Agreement.
Such other vendors shall obtain their own permits, insurance, bonding and other applicable
requirements. The vendor(s) may begin operations during the State permitting process, as
allowed by Florida DEP regulations. Each such vendor shall provide to the County an Operating
Plan that sets forth vendor's obligations, responsibilities and that demonstrates that vendor's
activities will not interfere with Operator's performance.The Operating Plan shall be subject to
the approval of County. Such vendors shall be responsible for and shall indemnify County and
1
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1.
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Operator against claims, losses, and costs incurred by County or Operator arising or related to
vendor's acts, omissions or willful misconduct including but not limited to those that cause
personal iniury (including death), property damage, including but not limited to, damage to
structures, improvements and internal roadways of the Facility, and contamination, pollution
or other adverse environmental impact at or near the Facility. The Operator shall be
responsible for and shall indemnify County and such vendor(s) against claims, losses, and costs
incurred by County or its vendor(s) arising or related to Operator's acts, omissions or willful
misconduct including but not limited to those that cause personal injury (including death),
property damage, including but not limited to, damage to structures, improvements and
internal roadways of the Facility, and contamination, pollution or other adverse environmental
impact at or near the Facility.
2. Section 2.06(b)shall be amended as follows: — — —
(b) Composition of Acceptable Waste.The County shall not be required to guarantee the
composition of any given shipment of Acceptable Waste, but horticultural waste which is to be
processed by Operator at County's request shall be segregated by the delivering transporter.
The Operator shall make all reasonable efforts to separate white goods and tires from deliveries
received on the tipping floor and insure that the weight of these materials is recorded and
subtracted from the total tonnage used for billing purposes.The County in collaboration with
the Operator has designated shall insure that sufficient area is-masts-available at each Facility for
the yard waste processing activities of Operator or other vendors according to the Yard
Waste Processing Area as outlined within the Lease Area.Such work space shall not interfere
with operations in the bounaarics of the lease are^ outside of the designed Yard Waste
Processing Area as outlined in Schedule G unless expressly approved by the Operator in writing.
The Operator in conjunction with the County has shall designated and outlined the Yard Waste
Processing Aarea at each terminal necessary for such activity.The area shall include suitable
storage capabilities.
3.Section 2.10 shall be amended as follows:
2.10 Storage.
Acceptable Waste shall be stored in the storage area designed for that purpose. No Solid Waste
delivered to the Operator may be stored outside the Facility buildings, except for loaded transfer trailers
awaiting removal to the Disposal Site and yard waste which has been or is awaiting shipping-processing.
Yard waste shall be stored in the designated Yard Waste Processing Area.
4.Section 6.35 shall be amended as follows:
6.35 SCHEDULES
The following documents shall be Schedules attached to this Contract and incorporated therein by
reference:
2
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Schedule A: Special Waste
Schedule B: Operations and Disposal Fee Adjustment
Schedule C: Sworn Statement on Ethics
Schedule D: Drug-Free Workplace Form
Schedule E: Public Entity Crime Statement
Schedule F: Non-Collusion Affidavit Form
Schedule G: Lease Areas Reserved for the Operator and Designating Yard Waste Processing Area
IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized
representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest:Amy Heavilin,Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
Attest: WASTE MANAGEMENT INC. OF FLORIDA
By: By:
Secretary Timothy B. Hawkins
President
3
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