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Home My WebLink About2019 02 11 Public Hearing 401 Ordinance 2019-04, First Reading, Renewing the Existing Solid Waste Agreement with Waste Pro of FloridaCOMMISSION AGENDA ITEM 401 REQUEST: Informational Consent Public Hearings X Regular February 11, 2019 KS SB Regular Meeting City Manager Department The Finance & Administrative Services Department requests that the City Commission conduct First Reading of Ordinance No. 2019-04 renewing the existing solid waste franchise with Waste Pro of Florida, Inc. by extending the term of the existing Solid Waste Agreement with Waste Pro of Florida, Inc. for one year effective March 1, 2019 with an option for the City to extend an additional one year. SYNOPSIS: Pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24, Waste Pro of Florida, Inc. has been providing Solid Waste Services within the municipal boundaries of the City for Winter Springs since 2006 in accordance with the Solid Waste Agreement adopted by said Ordinances ("Existing Franchise Agreement"). The current Solid Waste Agreement will expire on February 28, 2019. The City is currently conducting a level of service evaluation and financial and market analysis of solid waste services within the jurisdictional limits of the City of Winter Springs and other communities. It is necessary and in the City's best interests to extend the term of the Existing Franchise Agreement while the City is completing the solid waste evaluation and analysis. Section 4.14(4) of the City Charter requires the City Commission to adopt an ordinance to renew a franchise. CONSIDERATIONS: 1. Section 4.14(4) of the City Charter requires the City Commission to renew franchises by ordinance. 2. Pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24, Waste Pro of Florida, Inc. has been providing Solid Waste Services within the municipal boundaries of Public Hearings 401 PAGE 1 OF 3 - February 11, 2019 the City for Winter Springs since 2006 in accordance with the Solid Waste Agreement adopted by said Ordinances ("Existing Franchise Agreement"). 3. The Existing Franchise Agreement expires on February 28, 2019. 4. City staff is currently conducting a level of service evaluation and financial and market analysis of solid waste services within the jurisdictional limits of the City of Winter Springs and of similar services being provided in other communities. Until the evaluation is completed, the City will not be in a position to determine the best course of action for the City to pursue for the next long term solid waste franchise agreement. 5. In order to afford more time to complete the evaluation and analysis, City staff is recommending that the City Commission extend the term of the Existing Franchise Agreement for one year until February 29, 2020, with an option for the City to extend one additional year. 6. Waste Pro of Florida, Inc. has agreed to the renewal and extension upon adoption of the Ordinance by the City Commission. 7. Except for amending the term of the Existing Franchise Agreement, the terms and conditions of the Existing Franchise Agreement with Waste Pro of Florida, Inc. will remain the same and in full force and effect. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS: Home Rule Powers Section 4.14(4) of the Winter Springs City Charter FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance other than staff and attorney time to prepare the Ordinance. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Public Hearings 401 PAGE 2 OF 3 - February 11, 2019 RECOMMENDATION: Staff recommends that the City Commission conduct First Reading of Ordinance No. 2019- 04 renewing the existing solid waste franchise with Waste Pro of Florida, Inc. by extending the term of the existing Solid Waste Agreement with Waste Pro of Florida, Inc. for one year effective March 1, 2019 with an option for the City to extend an additional one year. ATTACHMENTS: Ordinance No. 2019-04 Public Hearings 401 PAGE 3 OF 3 - February 11, 2019 ORDINANCE NO. 2019-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RENEWING A THE EXISTING SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC., A FLORIDA CORPORATION, EFFECTIVE MARCH 1, 2019; PROVIDING FOR A ONE YEAR TERM OF RENEWAL AND AN OPTION TO RENEW FOR AN ADDITIONAL ONE YEAR TERM UPON APPROVAL OF THE CITY COMMISSION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and demolition debris from residents, businesses, and other entities within the municipal boundaries of the City of Winter Springs ("Solid Waste Services"); and WHEREAS, pursuant to Ordinance No. 2006-01, Waste Pro of Florida, Inc. has been providing Solid Waste Services within the municipal boundaries of the City for Winter Springs since 2006 in accordance with the Solid Waste Agreement adopted by said Ordinance, as amended ("Existing Franchise Agreement"), and Waste Pro of Florida, Inc. has the necessary equipment, personnel, and experience to continue to properly collect and dispose of solid waste during the term of franchise renewal adopted in accordance with this Ordinance; and WHEREAS, the City is currently conducting a level of service evaluation and financial and market analysis of solid waste services within the jurisdictional limits of the City of Winter Springs and other communities; and WHEREAS, until the aforementioned evaluation and analysis is completed by the City, it appears to be in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs and its resident businesses and entities to extend the term of the Existing Franchise Agreement with Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials, in accordance with the attached Second Addendum to Solid Waste Agreement, effective March 1, 2019; and WHEREAS, the City Commission is required by section 4.14(4) of the City Charter to adopt an ordinance granting, renewing or extending a franchise agreement; and City of Winter Springs Ordinance No. 2019-04 Page 1 of 3 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Adoption of Solid Waste Agreement. The City Commission of the City of Winter Springs, Florida hereby approves and adopts the Second Addendum to Solid Waste Agreement, by and between the City of Winter Springs, Florida and Waste Pro of Florida, Inc., a Florida corporation. A copy of said Addendum is attached hereto as "Appendix A," and fully incorporated herein by this reference, and shall become effective on March 1, 2019. Section 3. Not Incorporated Into Code. This ordinance shall not be incorporated into the Winter Springs City Code. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. {Signature Page Follows} City of Winter Springs Ordinance No. 2019-04 Page 2 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of February, 2019. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Advertisement: Second Reading: February 11, 2019 City of Winter Springs Ordinance No. 2019-04 Page 3 of 3