HomeMy WebLinkAboutOrdinance 2020-01 Amending Existing Soild Waste Franchise Agreement Waste Pro ORDINANCE NO. 2020-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
EXISTING SOLID WASTE FRANCHISE AGREEMENT
WITH WASTE PRO OF FLORIDA, INC., A FLORIDA
CORPORATION, TO INCLUDE CONTRACT PROVISIONS
REQUIRED FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS; 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,pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24
and Ordinance 2019-04, 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"); and
WHEREAS,the Existing Franchise Agreement requires that Waste Pro of Florida, Inc.,at
the written request of the City, collect debris caused by a major hurricane; and
WHEREAS, during the process of the City requesting Federal Emergency Management
Agency ("FEMA") reimbursement for Project 760 PW 8060, which relates to the debris removal
services provided by Waste Pro of Florida, Inc., following Hurricane Irma,the City became aware
that certain contractual provisions must be included in related contracts when federal awards are
being requested; and
WHEREAS,the City Commission finds that the Existing Franchise Agreement should be
amended to incorporate the required contract provisions such that the City may receive federal
reimbursement for Project 760 PW 8060; 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
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:
City of Winter Springs
Ordinance No.2020-01
Page 1 of 3
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 Third 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 Third Addendum is attached hereto as "Appendix A," and
fully incorporated herein by this reference, and shall become effective upon execution.
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.2020-01
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the Z7^ day of January, 2020.
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CHAP 1 15 LA ' pyor... ....---- —
ATTEST:
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CHRISTIAN GOWAN,Interim City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A GARGANESE, City Attorney
First Reading: January 13, 2020
Advertisement: January 15, 2020
Second Reading: January 27, 2020
City of Winter Springs
Ordinance No.2020-01
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