Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-85, Public Hearing, An Ordinance of the City of Port St. Lucie, Florida, Granting to FCC Environmental Services Florida, LLC., a Franchise to Provide Solid Waste and Recyclable Collection within the City of Port St. Lucie Pursuant to the Existing Contract as Amended.
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Submitted By: Ella M. Gilbert, Senior Deputy City Attorney, City Attorney’s Office
Strategic Plan Link: The City's Goal of safe, clean, and beautiful.
Executive Summary (General Business): This ordinance establishes the contract, as amended, with FCC Environmental Services Florida, LLC for solid waste and recyclable collection within the City of Port St. Lucie as a Franchise as allowed by law.
Presentation Information: City Attorney is available to answer questions as needed.
Staff Recommendation: Move that the Council adopt the ordinance granting FCC Environmental Services Florida, LLC the Franchise for solid waste and recyclable collection pursuant to the terms and conditions of the contract with FCC as amended.
Alternate Recommendations:
1. Move that the Council amend the recommendation and provide staff direction.
2. Move that the Council not approve and provide staff direction.
Background: The City published an RFP for a solid waste hauler and ultimately selected FCC Environmental Services Florida, LLC. A negotiated contract with FCC was approved by Council on May 18, 2022, with a starting date for FCC of September 5, 2022. A first amendment to the contract was approved by Council on August 22, 2022. Solid waste services are generally secured by a Franchise, which provides for certain exclusivity, as well as other rights, duties and responsibilities, for a company providing services for a public entity. The contract with FCC, as amended, must be approved as a Franchise as set forth in the City’s Charter.
Issues/Analysis: The City has made FCC the exclusive provider (of those matters lawfully allowed) of solid waste and recyclable collection services, requiring property owners to pay for those services through a Special Assessment. While the contract and the first amendment were lawful exercise of the City’s contract power, the additional step of making it a Franchise is required through the use of the City’s Home Rule lawmaking authority. Specifically, the “granting, renewing or extending a Franchise” is required by Ordinance pursuant to Section 9.09(d) of the City Charter.
Financial Information: None.
Special Consideration: The effective date of the ordinance approving the Franchise will be September 5, 2022, to be consistent with the starting date of FCC services.
Location of Project: City-wide
Attachments:
1. Proposed Ordinance
2. FCC Franchise Agreement
3. Franchise Agreement Amendment 1
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 8879
Legal Sufficiency Review:
Reviewed by Ella M. Gilbert, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.