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Item Q01 * 3:00 p.m. Public Hearing BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/17/13 - MAR Department: County Attorney Bulk Item: Yes No X Staff Contact: Christine Limbert-Barrows 292-3470 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending Section 21-71 of the Monroe County Code extending the allowable term of solid waste collection agreements from five years to ten years. ITEM BACKGROUND On August 21, 2013, the Board of County Commissioners was briefed at its regular meeting on the various Monroe County solid waste contracts and was advised that the current industry standard for solid waste contracts is for long-term agreements that exceed five years, but Section 21-71(c) of the Monroe County Code currently limits collection agreements to a term of five years. In order for future solid waste collection agreements to be consistent with the current industry standard, a code amendment is needed. This ordinance will replace "five" with "ten", so that the ordinance will read that"each collection agreement shall not exceed a term of ten years..." PREVIOUS RELEVANT BOCC ACTION: 10/31/1989 Ordinance 033-1989 was approved. 8/21/2013 the Board directed staff to draft proposed changes to Code. 9/4/2013 BOCC scheduled public hearing for 3:00 p.m. on 9/17/13 in Marathon, FL CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: Advertising Cost BUDGETED: Yes No_Cost BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# ORDINANCE -2013 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21-71 OF THE MONROE COUNTY CODE; EXTENDING THE ALLOWABLE TERM OF SOLID WASTE COLLECTION AGREEMENTS FROM FIVE YEARS TO TEN YEARS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 2013, the Board of County Commissioners was briefed at its regular meeting on the various Monroe County solid waste contracts; and WHEREAS,The BOCC was advised that the current industry standard is for long-term solid waste agreements; and WHEREAS, Monroe County Code Section 21-71(c) currently limits collection agreements to a term of five years; and WHEREAS, in proceeding with future solid waste collection agreements, by negotiation or solicitation, the BOCC wishes to have the option to enter into a long-term agreement on the various franchise collection agreements; and WHEREAS, the BOCC directed staff to amend the Monroe County Code Section 21-71(c) to allow for a ten year term on franchise collection agreements; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1: Section 21-71(c) shall be amended to read as follows: (c) The board may award as many collection agreements as are necessary to provide, in the board's sole determination, effective and efficient solid waste collection services. Each collection agreement shall not exceed a term of€rve ten years and shall contain the following: (1) The name and address of the person who will provide the collection services; (2) A description of the service area within which the person will provide such collection services; 1 (3) A description of the services to be provided within the service area; (4) The length of the agreement; (5) All standards, regulations or restrictions that shall govern the collection services within the service area; and (6) The amount and method of payment to be provided for the performance of services under the collection agreement. SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of , 2013. Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTORNEY 2 APPRZOED AS TOFORM: 01 CHRISTINE M. LIMBERT-BARROWS ASS ISTA COUNTY ATTORNEY Date �,,,,.M7Z :