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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 7, 2014
October 7, 2014 - Regular Meeting
Agenda Item #39


Subject
Renewal and Amendment of Solid Waste Franchise Agreements

Briefings
All

Contact and/or Presenter Information
Gus DiFonzo, 792-8811 ext 5473

Action Requested
Motion to adopt Resolution No. R-14-148 and Resolution No. R-14-149.

Enabling/Regulating Authority
Section 1-13-16, Manatee County Code of Laws (Chapter 85-457, Section 2, Laws of Florida)
Section 2-16-23, Manatee County Code of Ordinances

Background Discussion

On April 22, 2008, the Board of County Commissioners granted two franchises for residential and commercial collection of solid waste, recyclable materials and yard trash and entered into two Solid Waste Franchise Agreements for Unincorporated Manatee County:

  • Collection Service Area 1 with Waste Pro of Florida, Inc.; and
  • Collection Service Area 2 with Waste Management Inc. of Florida.

Each Franchise Agreement provides for an initial term of eight (8) years, with work commencing October 1, 2008, and terminating at the end of September 30, 2016.  Each Franchise Agreement allows the County the option to renew the Franchise Agreement for up to one (1) additional term not to exceed seven (7) years following a full public hearing in accordance with Chapter 85-457, Laws of Florida, and Chapter 2-16, Manatee County Code of Ordinances.

At the regular meeting held June 17, 2014, the Board of County Commissioners voted to proceed with renewal and amendment of the Solid Waste Franchise Agreements, subject to provisions for single stream recycling collection, Authorized Collectors furnishing 64-gallon recycling carts at no additional cost to the County, and no increase in the current collection fees.

Pursuant to the Board’s direction, staff in the Utilities Department and the County Attorney’s Office prepared and revised Amendment No. 1 to each Solid Waste Franchise Agreement.  The Amendments contain the following relevant conditions:

  • The Franchise Agreements are renewed for an additional term of seven (7) years, commencing October 1, 2016, and terminating at the end of September 30, 2023.
  • Residential collection service will consist of recyclable materials collected in a single stream (all recyclable materials comingled) from recycling carts.  The County will identify requirements for transition and implementation from dual stream to single stream collection of recyclable materials, including plans, schedules, meetings, educational materials, vehicles, equipment, collection routes, distribution of carts, removal of bins, databases and reports.  The Authorized Collectors will prepare, revise, and submit required documentation, comply with directions and requests from the County, and cooperate with the County in the transition and implementation to single stream collection of recyclable materials.
  • The Authorized Collectors will provide at least one (1) recycling cart with a minimum capacity of sixty-four gallons (64) gallons to each residential customer.  The Authorized Collectors, at their sole cost and expense, will provide the recycling carts, own all recycling carts, and be responsible for repair and replacement of damaged recycling carts during the term of the Amendment.  Upon termination of the Amendment, the County will own all recycling carts distributed to customers and may purchase excess recycling carts from the Authorized Collectors.
  • The County will establish minimum specifications, standards, and requirements for recycling carts, including capacity, construction, design, materials, stability, color, markings, database, and warranty.  The Authorized Collectors will comply with the County’s requirements in the purchase, distribution, repair, replacement, and management of the recycling carts.  The Authorized Collectors will be responsible for storage and delivery of the recycling carts to customers.
  • A new Liquidated Damages provision is added to charge the Authorized Collectors $100.00 per incident for failure to deliver recycling carts within three (3) working days.
  • The date for submittal of Disaster Preparedness Plans or updates by the Authorized Collectors is changed to March 1 of each year.
  • The date for submittal of annual financial audits by the Authorized Collectors is changed to March 31 of each year.
  • The amount of the payment and performance bonds furnished by the Authorized Collectors is changed to $5 Million Dollars.
  • Revisions are made to the dates for maximum commercial recycling fees specified on Exhibit C, the locations of Manatee County facility recycling sites listed on Exhibit E, and the locations of County drop off recycling sites listed on Exhibit F.

The Board of County Commissioners discussed the solid waste franchises during a work session held August 19, 2014.  Mitch Kessler, the County’s solid waste consultant, made a presentation regarding renewal and procurement criteria as well as comparison of services and rates.  The County Administrator and Utilities Department staff recommended renewal and amendment of the existing Solid Waste Franchise Agreements.  Representatives from the Authorized Collectors and other waste collection companies addressed the Board.

At the regular meeting held September 9, 2014, the Board of County Commissioners voted to proceed with the necessary public hearing for consideration of renewal of the existing Solid Waste Franchise Agreements.

Section 1-13-16 of the Manatee County Code of Laws (Chapter 85-457, Section 2, Laws of Florida) and Section 2-16-23 of the Manatee County Code of Ordinances authorize the Board of County Commissioners to grant franchises for the purpose of collection, removal, and disposal of solid waste.  The franchise agreements may continue for a term not to exceed fifteen (15) years after the effective date of the agreements.  Both sections provide that the franchise agreements may be renewed for an additional period not to exceed fifteen (15) years following a full public hearing during which the authorized collector’s performance and all terms and conditions of the franchise agreements may  be reviewed, altered, or amended by the county.

Based on the performance of the Authorized Collectors during the initial term of the Franchise Agreements, Utilities Department staff recommends that the Solid Waste Franchise Agreements for Collection Service Area 1 and Collection Service Area 2 be renewed for an additional term of seven (7) years.  Utilities Department staff further recommends approval of the revisions set forth in Amendment No. 1 to each Solid Waste Franchise Agreement.



County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Resolutions prepared by CAO
Agenda Memorandum drafted by CAO

Reviewing Attorney
Sikora

Instructions to Board Records
Return copies of signed Resolutions to Utilities Department and County Attorney's Office.

Return original executed Amendments to Utilities Department and copies of Amendments to County Attorney's Office.


Cost and Funds Source Account Number and Name
480010901 Solid Waste Enforcement

Amount and Frequency of Recurring Costs
None


Attachment:  Notice of Public Hearing.pdf
Attachment:  Resolution R-14-148 - Solid Waste Franchise Renewal 2014. Area 1.pdf
Attachment:  Resolution R-14-149 - Solid Waste Franchise Renewal 2014. Area 2.pdf