Item C01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: October 17, 2001
DIVISION:
Public Works
BULK ITEM: Yes x No
-
DEPARTMENT:
Public Works
AGENDA ITEM WORDING: Approval of Term Extension Agreement with Waste
Management, Inc. concerning transportation of waste to out-of-County disposal sites.
ITEM BACKGROUND: In an effort to reduce haul out costs of the County's garbage over the
long term, the Administration has been in discussions with Waste Management and offers the
attached term extension agreement as a way of stabilizing and saving funds in the County's Solid
Waste Management section.
.:
PREVIOUS RELEVANT BOCC ACTION: On August 15, 2001, the Board granted conceptual
approval to prepare a contract with Waste Management, Inc..
CONTRACT/AGREEMENT CHANGES: Provided in attached document.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: L Savings as shown in attached review
BUDGETED: Yes:
No:
COST TO COUNTY: n/a
REVENUE GENERATED: Yes
No x
APPROVED BY:
County Atty.:
x
-
OMB/Purchasing: x Risk Management: x
~O~ ;;'///t,/
DIVISION DIRECTOR APPROVAL:
Dent Pierce
DOCUMENTATION: INCLUDED: ~ TO FOLLOW:
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
/ -Ct !
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Waste Management
Contract #
Effective Date:
Expiration Date:
10/1/2001
9/30/2016
Contrdcl Manager: Carol A. Cobb 4432 Solid Waste Management/Stop
#1
_......-
(Name) (Ext.) (DepartmenllStop #)
.:
for BOCC meetin on 10/1712001 A. enda Deadline: 10/3/2001
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000,000
Budgeted? Yest8J No 0 Account Codes:
Grant: $ Nt A
County Match: $ Nt A
Current Year Portion: $
ll1-42001-530-340-
ill-42002-530-340-
414-42003-530-340-
4,891,000
- - - -
---.'.-
ADDlTIONAL COSTS
Estimated Ongoing Costs: SNIAlyr For:
(Not im:luded in dollar value above) (C2. maintenance, utilities. ianitorial salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed ~. ;' f) It . A~ewer
Division Director 10/5/01 YesD NolZl . (yvV::' ~
Risk Management l 0\ ~ ol c( YesD NO~ a... ljc=,...~.I~~~......
O.M.B./Purchasing Y~sO No~r -/~ a-3~
County Allorneyr"''''.OI Yes[]NO~~
Comments:
Date Otll
la~1l'
*~t
fa
I~-{" .."
OMB Porm Revised 2/27/01 MCP 1#2
TERM EXTENSION AGREEMENT
Waste Management, Inc. of Florida
THIS EXTENSION AGREEMENT by and between Monroe County, a political ;iubdivision of
the State of Florida, hereafter County, and Waste Management, Inc. of Florida, a Florida
corporation, hereafter Operator, is effective as of October 1, 2001.
WHEREAS, on October 1, 1993, the parties entered into an agreement (the original
agreement) for the delivery of waste to Facilities located in the County and the transportation
of that waste to out-ot-County disposal sites by the Operator;
WHEREAS, the parties have determined that it is to their mutual benefit and interest
that the initial term of the original agreement be extended for an additional ten years, that the
.:
put or pay provision of the original agreement be eliminated, and that the Operator assume
responsibility for the FaCilities and certain equipment in exchange for various payments to the
County; now, therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Sec. 2.04 of the original agreement is modified to read as follows:
Sec. 2.04
Facility SelVices, Maintenance, Etc.
(a) Safety of Persons and Property.
At all times the Operator In conjunction with the County shall establish and maintain
safety procedures for the Facility in a manner consistent with applicable law and good
safety practice.
(b) Facility lease, Repair and Maintenance.
The County agrees to lease the Facility to the Operator durIng the term of the original
agreement as extended by this extension agreement. The Operator shall be responsible
for all Facility repair and maintenance and any necessary Facility upgrades that may be
needed for the Operator to perform its duties and obligations under the original
agreement and this extension agreement.
The responsibility for repair and
maintenance means that the Operator, at Its expense, must: (i) keep the Facility in
good repair and maintenance and keep on hand an adequate supply of any and all
spare and replacement parts to assure that the Facility will be operated i,n accordance
with the original agreement and this extension agreement; (ii) promptly repair any
serious damage to the Facility without regard to cause; and (iil) perform the County's
reasonable requests regarding special housekeeping efforts in and around the Facilities
and Facilities' sites. At all times the Operator must: (i) operate the Facility in
compliance with all applicable federal, state and local laws, rules, regulations, and
permits; (ii) promptly notify the County if the Facility should be seriously damaged,
without regard to cause.
(c) Equipment, Purchase, Repair and Maintenance.
.:
The parties acknowledge and agree that the equipment listed in Exhibit A of this
extension agreement is dedicated to the performance of the services described in the
original agreement and this extension agreement. Exhibit A is attached to, and made a
part of, this extension agreement. The County agrees to transfer ownership of, and
title to, the equipment listed In Exhibit A to the Operator and the Operator agrees to
accept ownership, and title to, such equipment. The Operator must utilize the Exhibit A
equipment, or similar equipment, in the performance of the services required of the
Operator by the original agreement and this extension agreement. The Operator, at its
expense, Is responsible for the purchase or lease of any replacement equipment (')r
additional equipment necessary for the Operator to perform the services required by
the original agreement and this extension agreement.
(d) Facility Equipment Warranties.
The Operator shall use such means as it deems reasonable to pursue recovery against
equipment or services for the Facility which are defective. Provided, however, if the
County or replacement operator should be the operator then any recovery shall be
payable to the County.
2
(e) The County shall receive prompt: notice of any permit violation or the receipt, by
the Operator, of any warning notice or notice of violation from any regulatory agency
which relates to the Facilities or the mainland Disposal Site. Copies of reports required
by any regulatory agency shall be furnished to the County.
2. Sec. 3.01 of the original agreement is modified to read as follows:
Sec. 3.01. Operations and Disposal Fee.
Effective October 1, 2001, the County shall pay to the Operator an operations and
disposal fee of $73 per ton of waste delivered to the Facility. The $73 per ton fee will remain
in effect through September 30, 2006. On October 1, 2006, and each October 1 thereafter
throughout the remaining term(s) of the original agreement as modified by this extension
.:
agreement, the operations and disposal fee shall be adjusted based on the Refuse Rate Index
depicted in Exhibit B of the original agreement, or the consumer price index (CPI), US City
Average - All Department of Labor, Department of Labor Statistics, whichever is lower.
However, in no event may a yearly per ton Increase in the operations and disposal fee be
greater than 4% of the prior year's per ton fee. The County shall calculate the adjustment of
,
the Operations and Disposal Fee and notify the Operator of the change prior to 'October 1 of
2006 and each year prior to October 1 thereafter. The Operator shall have the right to review
and agree to the calculation of the adjustment. The Operator shall be responsible for the
operation and maintenance of the Facility during the term of this agreement including all labor,
matenal, equipment and all other costs of operation and maintenance as may be required to
assure that the Facility is accepting and Processing Acceptable Waste as required by the
Operating Plan and by the original and extension agreements and In compliance with all
applicable federal, state and local law, and rules. Any fee paid the Operator pursuant to the
original agreement and this extension agreement may only be made from service charges,
special assessments or non ad valorem assessments. In no event shall the fee be payable
from revenue collected from ad valorem taxation. The Operator must provide disposal
capacity for tonnage delivered to the Facility at an Operator owned disposal site located on
3
mainland Florida that Is in compliance with all applicable federal, state, and local laws and
regulations during the term of the original Agreement as extended by this extension
agreement. If necessary to comply with the foregoing, the Operator shall reserve disposal
capacity for the County at one of its mainland Florida disposal sites for the entire term of this
agreement.
3. Sec. 3.02 of the original Agreement is modified to read as follows:
Sec. 3.02. Fixed Capital.
Cost Component Fee, Facility Payment fee, and Equipment Payment Fees.
The County shall pay to the Operator a fixed capital cost component fee of $21,599.27
each month as set forth in Schedule 0 of the original Agreement through September, 2001.
Beginning October, 2001, the County shall no longer be obligated to the Operator for the
payment of the capital cost component fee. The County shall, as of October 1, 2001 owe the
Operator the sum of $1,117,270.15 (the sum of payments number 97 through 156 of Schedule
o of the original Agreement), hereafter capital cost component fee balance.
On October I, 2001, and on every October 1 thereafter, in consideration of and
payment for the lease of the Fadlity, the Operator shall credit the County with a $50,000
."
reduction of the capital cost component fee balance. If this Agreement as extended by this
extension agreement continues through September 30, 2021, then the Operator shall forgive
any remaining capital cost component fee balance. If this agreement as extended by this
extension agreement Is not renewed in 2016, then the County shall pay the Operator the
amount of the capital cost component fee balance outstanding as of September 30, 2016. A
schedule of the $50,000 annual credits and outstanding capital cost component fee balances is
attached as Exhibit B of this exterwion agreement and made a part of it. The Operator also
.Jg agrees to pay the County by November 15, 2001:for the equipment listed in Exhibit A of this
extension agreement at the price listed in Exhibit A. At the time of payment the County will
If
transfer title or other appropriate documents 10 all the Exhibit A equipment to the Operator.
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mainland Florida that is in compliance with all applicable federal, state, and local laws and
regulations during the term of the original Agreement as extended by this extension
agreement. If necessary to comply with the foregoing, the Operator shall reserve disposal
capacity for the County at one of Its mainland Florida disposal sites for the entire term of this
agreement.
3. Sec. 3.02 of the orivinel Agreement is moclJfted to read as follows:
Sec. 3.02. Fixed Capital.
Cost Component Fee, Facility Payment Fee, and Equipment Payment Fees.
The County shall pay to the Operator a fixed capital cost component fee of $21,599.27
each month as set forth in Schedule 0 of the original Agreement through September, 2001-
BegInning October, 2001, the County shall no longer be obligated to the Operator for the
payment of the capital cost component fee. The County shall, as of October I, 2001 owe the
Operator the sum of $1,117,270.15 (the sum of payments number 97 through 156 of Schedule
.:
o of the original Agreement), hereafter capital cost component fee balance.
On October 1, 2001, and on every October 1 thereafter, in consideration of and
payment for the lease of the Facility, the Operator shall credit the County with a $50,000
reduction of the capital cost component fee balance. If this Agreement as extended by this
extension agreement continues through September 30, 2021, then the Operator shall forgive
any remaining capital cost component fee balance. If this agreement as extended by this
extension agreement is not renewed in 2016, then the County shall pay the Operator the
amount of the capital cost component fee balance outstanding as of September 30, 2016. A
schedule of the $50,000 annual credits and outstanding capital cost component fee balances is
attached as Exhibit B of this extension agreement and made a part of It. The Operator also
agrees to pay the County by November 15, 2001, for the equipment listed in Exhibit A of this
extension agreement at the price listed In Exhibit A. At the time of payment the County will
transfer title to all the Exhibit A equipment to the Operator.
4
4. See. 3.04 of the original agreement is modified to read as follows:
Sec. 3.04.
Royalty Payments.
If during the course of a fiscal year (October 1 through September 30),. an excess of
67,000 tons is delivered to the Facility, then the Operator shall pay the County a royalty fee of
$3 per ton for each ton in excess of 67,000 tons until the end of the fiscal year.
.
5. Sec. 6.01 of the orlglna. Agreement is hereby modified to read a.
follows:
Sec. 6.01
Term.
Unless sooner terminated in accordance with the terms hereof, this Agreement as
extended by this extension agreement shall commence 'on October 1, 1993 and continue until
.:
September 30, 2016. Either party may request renewal of this Agreement for one additional
period of five years on the terms and conditions set forth herein unless either party shall give
notice of non-renewal to the other no sooner than 180 days, and no later than 90 days, prior
to September 30, 2016.
6. The original Agreement Is hereby modified by the addition of the
I
following:
Sec. 6.23
M;scellaneous.
a) The Operator agrees to remove, at its expense, the incinerators and old scales
located at the Facilities when directed to do so by the County. The removal of the
incinerators and scales does not involve the removal of soil or material other than the
incinerators and scales themselves,
b) The Operator will, at the direction of the County and, withIn 120 days after
notification by the County that the incinerator at the Key Largo Facility has been
removed and, if needed, the soil decontaminated, terminate Its Magnolia Street, Key
Largo lease and move its recycling operation to the Key largo Facility site to an area
designated by the County that is sufficient in size to accommodate the recycling
operation.
5
7. Except as provided in this extension agreement, in all other respects the terms
and conditions of the original Agreement remain in full force and effect.
8. This extension agreement may not be construed as a County ~aiver of any
breach of the terms of the original agreement by the Operator, or as a County waiver of any
fraudulent act(s) committed by the Operator, that occurred prior to the effective date of this
extension agreement. Further, this extension agreement does not operate to estop or prevent
the County from terminating the original agreement and this extension agreement for any
breach of the terms of the original agreement by the Operator, or fraudulent act(s) committed
by the Operator. that occurred prior to the effective date of this extension agreement, or from
seeking damages on account of any such breach or fraudulent act(s).
.:
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATIEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(SEAL)
ATTEST:
WASTE MANAGEMENT, INC. OF FLORIDA
By
Title
By
Title
jdconwasteman
APPRoveD AS to FORM
.~
ROB RT N
DATE I'!' - /L'.) -~I
6
EXHIBIT ...A.-
Solid Waste Equipment list
September 14,2001
Lana Kev Transfer Station
1. 0972-031
1990 Ford L9000 Single Axle Tractor. 476,213 Miles. Cummins
Diesel Engine Fuller Transmission. Sliding Fifth Wheel. Wet Kit
Equipped. Recap Tires. Fair Condition.
2. 0972-039
Caterpillar IT24F Wheel Loader. Hard Tires. Serial #97Z04882.
05710 Hours. No apparent hydraulic leaks. Good Condition
3. 0974-102
250 Gallon Waste Oil Tank. Shows Rust on Bottom. Fair
Condition.
4. 0974-098
Marathon Solid Waste Compactor. 460 Volt Electrical System,
Hydraulics and Electrical Systems in Operational Condition.
Condition Good.
5. 0974-100
Lodac Scale. Not in use for 2 years. Electronic Monitor. Unable
to determine usability. Poor Condition.
6. 0974-095
Clark-Deleo ''Versa 4200" Pressure Washer. 230 Volt. Serial
#599-46737. Diesel Powered Heater. Good Condition.
7. 0974-096 & 0940-097
RSllndustrial Tub Grinder w/Conveyor. On Custom Made Trailer.
Unit has Morlift 250 Grapple Boom & Enclosed Cab. 1943.8 hours
on a Caterpillar Engine that was replaced 8 months ago according
to Monroe County. Injection System replaced within past 2 weeks.
Starter recently replaced. Condition Good.
8. 0974-091
Gas Boy Fuel Pump. No tank. Model 72-03. Serial #756059.
WlTuthill Series 800-C Meter. Condition Good.
9. 0977-101
Hesco 40 Yard Open Roll Off Container. Good Condition.
1
$3,600.00
$31,000.00
$100.00
t:
$40,000.00
Scrap Value
$1,150.00
$40,000.00
$325.00
$1,000.00
10. 0977-100
Hesco 40 Yard Open Roll Off Container, Repaired Side, Several
Dents. Fair Condition
11.0977-061
20 Yard Roll Off Container. Minor Rust. Good Condition.
12. 0977-075
Hesco Condo Box Container. Some Rust at Base. Significant
Rust on Top. Rough Condition
13. 0977-046
20 Yard Roll Off Container. Minor Damage Right Side. Good
Condition.
14.0975-077
250 Gallon Waste Oil Tank. Inoperable Pump. Poor Condition.
15.0974-081
Champion 60 Gallon 2 Cylinder Air Compressor. 5 Horse 3
Phase Electric Motor. Good Condition. NOTE: Same Number
given for Key Largo #3.
16. 0973-085
Case Front End Loader. Cannibalized. Parts Machine.
Cudioe Kev Transfer Station:
1. 0977-093
Hesco Condo Box, Minor Damage, Some Repair, Good Condition.
2. 0977-054
20 Yard Roll Off Container. Some Rust. Good Condition.
3. 0973-093
Gas Boy Fuel Pump. No Tank. Model 72-03. Tuthill Series
800-C Meter. Good Condition.
4. 0973-087
Champion 60 Gallon 2 Cylinder Air Compressor. 5 Horse 3 Phase
Electric Motor. Good Condition.
5. 0973-092
250 Gallon Waste Oil Tank. Dented, Poor Condition.
6. 0973-097
Marathon Solid Waste Compactor. 460 Volt Electric System.
Hydraulic Pump out as of date of appraisal. Monroe County
indicates that new pump will be installed later in the week.
Please see note Long Key Item #5. Value reflects pump being
replaced.
2
$650.00
$750.00
$800.00
$750.00
$100.00
$725.00'"
$1,000.00
$1,6oo.QO
$750.00
$325.00
$750.00
$50.00
$40,000.00
7. 0972-034
Clark-Deleo Versa 4200 Pressure Washer. 230 Volt. Diesel
Heater. Good Condition.
8. 0972-032
1990 Ford L9000 Single Axle Tractor. Caterpillar Diesel Engine,
Fuller Transmission. 015175 Miles. Sliding Fifth Wheel. Recap
Tires. Hydraulic Wet Kit Installed.
9. 0975-070
Caterpillar 936F Wheel Loader. Hard Rubber Tires. 3304 01 Engine.
14,109 Hours. Did not run at time of inspection. County indicates
that new motor will be installed in unit. Value reflects new motor.
10. 0975-069
Caterpillar IT12 Wheel Loader. Hard Rubber Tires. Hour Gauge is
missing. Engine & Hydraulics appear good wino major leakage.
11. 0977-097
20 Yard Roll Off Container. Some rust. Good Condition.
12. 0977-124
Hesco 40 Yard Roll Off Container. Some minor rust. Some
repairs. Good Condition.
13. 0977-139
Hesco 40 Yard Roll Off Container. Some dents & rust. Good
Condition.
14. 0974-103
Miller Trailblazer 2507 Welder/Generator. 4000 Watts. 110/220
CC/CV AC-DC. Onan 20 XSL Generator. 2 cylinder gas engine,
280.6 hours. Good Condition.
15. 0973-090
Lodac Scale. Unable to determine usability. Poor Condition.
Kev Laroo Transfer Station:
1. 0972-030
1990 Ford L9000 Single Axle Tractor. 295,075 Miles. Cab
Condition Poor. Wet Kit Installed (Tank Badly Dented). Sliding
Fifth Wheel. Fair Condition.
2. 0974-081
Napa Air Compressor. Single Cylinder w/11 Horse Briggs &
Stratton Gas Engine. Unit has hose & hose reel. Condition Good.
NOTE: Same number given for Long Key #16.
3
$1,150.00
$5,000.00
$29,000.00
$15,000.00
$750.00
.:
$1,000.00
$1,250.00
$1,250.00
Scrap Value
$4,250.00
$1.100.00
3. 0972-038
Caterpillar IT14G Wheel Loader. Hard Rubber Tires. 6,110.2
Hours. Bent Step. Some leakage of Hydraulics. Good Condition. $25,000.00
4. 0975-078
Gas Boy Fuel Pump. No Tank. Model 72-03. WlTuthill Series 800-C
Meter. Good Condition. $325.00
5. 0975-073
Marathon Solid Waste Compactor. 460 Volt Electrical System.
Hydraulics and Electrical Systems in Operational Condition. Good
Condition. NOTE: We could not find any sales data for a used
compactor of this size. This Unit is in good condition and appears to
be well maintained. Its in place value is significantly higher than its
liquidation value. $40,000.00
6. 0972-033
Clark-Deleo Versa 4200 Pressure Washer. 230 Volt, Diesel Powered
Heater. Good Condition. $1,150.00
7. 0975-072
Champion 60 Gallon 2 Cylinder Air Compressor. 5 Horse 3 Phase
Electrical Motor. Good Condition.
.:
$750.00
8. 0977-062
20 Yard Roll Off Container. Some Surface Rust & Minor Dents.
Very Good Condition.
$900.00
9. 0977-138
50 Yard Roll Off Container. Minor Rust & Dents. Very Good
Condition.
$1,300.00
10. 0975-075
Lodac Scale. Inoperable Condition.
Scrap Value
11. 0974-093
Caterpillar IT12B Wheel Loader. Hard Rubber Tires. 8,896 Hours.
Hydraulics Appear to be Very Good. Overall Good Condition.
$15,000.00
12. 0976-065
1999 Sterling Tandem Axle Tractor. 007495 Miles. Cat Engine,
Fuller Transmission. Sliding Fifth Wheel. Truck is in Overall
Excellent Condition with extremely low miles.
$21,500.00
13.0977-170
40 Yard Roll Off Container.
$1,250.00
14. 0975-077
3. 250 Gallon Waste Oil Tank. Rough Condition.
$100.00
4
Kev Laroo Recvclino Center
1. 0977-047
20 Yard Roll Off Container. Some Rust & Dents. Good Condition.
2. 0977-096
20 Yard Roll Off Container. Surface Rust. Good Condition,
3. 0977-169
50 Yard Roll Off Container. Some Minor Damage. Bent Latches.
Good Condition.
4. 0977-141
50 Yard Roll Off Container. Some Rust, Minor Holes. Good
Condition.
5. 0977-142
50 Yard Roll Off Container. Minor Rust & Dents. Bad Door Latch.
6. 0977-004
Galbreath Condo Box. Recent Paint, Minor Dents. Very'Good
Condition.
7. 0977-056
20 Yard Roll Off Container. Several Dents, Some Rust. Broken
Welds on Hinges. Sagging Door. Fair Condition.
TOTAL
5
$750.00
$750.00
$1,200.00
$1,250,00
$1,200.00
$2,500.0'6
$400.00
1$340,500.0~
SCHEDULE
ANNUAL CREDITS TO CAPITAL COST COMPONENT FEE
Payment # Date Amount Balance
$ 1,117,270.15
1 10/01/2001 $ 50,000.00 $ 1,067,270.15
2 10/01/2002 $ 50,000.00 $ 1,017,270:15
3 10/01/2003 $ 50,000.00 $ 967,270.15
4 10/01/2004 $ 50,000.00 $ 917,270.15
5 10/01/2005 $ 50,000.00 $ 867,270.15
6 10/01/2006 $ 50,000.00 $ 817,270.15
7 10/01/2007 $ 50,000.00 $ 767,270.15
8 10/01/2008 $ 50,000.00 $ 717,270.15
9 10/01/2009 $ 50,000.00 $ 667,270.15
10 10/01/2010 $ 50,000.00 $ 617,270.15
11 10/01/2011 $ 50,000.00 $ 567,270.15
12 10/01/2012 $ 50,000.00 $ 517,270.15
13 10/01/2013 $ 50,000.00 $ 467,270.15
14 10/01/2014 $ 50,000.00 $ 417,270.15
15 10/01/2015 $ 50,000.00 $ 367,270.15
16 10/01/2016 $ 50,000.00 $ 317,270.15
17 10/01/2017 $ 50,000.00 $ 267,270.1 ~
18 10/01/2018 $ 50,000.00 $ 217,270.15
19 10/01/2019 $ 50,000.00 $ 167,270.15
20 10/01/2020 $ 50,000.00 $ 117,270.15
21 10/01/2021 $ 50,000.00 $ 67,270.15
22 10/01/2022 $ 50,000.00 $ 17,270.15
23 10/01/2023 $17,270.15 $
EXHIBIT liB"