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HomeMy WebLinkAboutWaste Pro of Florida, Inc. Fifth Addendum to Solid Waste Agreement - 2021 01 19 FIFTH ADDENDUM TO SOLID WASTE AGREEMENT } THIS T'IF°I`H ADDENDUM TO SOLID LID WASTE AGREEMENT ("Addendum") is / made and entered into this 9 day of gA.tA. v ; , 2021, by and between the CITY OF WINTER SPRINGS,FLORIDA,a Florida Munici al Corporation,located at 1126 E.State Road 434,Winter Springs,Florida 32708 ("City") and WASTE PRO OF FLORIDA,INC.,a Florida Corporation, located at 2101 West State Road 434, Suite 301, Longwood, Florida 32779 ("Contractor"). WITNESSETH: WHEREAS, Contractor and City previously entered into that certain Solid Waste Agreement, efFiective March 1, 2006 ("Agreement'), adopted by Ordinance No. 2006-01, as amended by the Addendum adopted by Ordinance No. 2010-24("Addendum'), further amended to extend the Agreement by a Second Addendum adopted by Ordinance 2019-04 ("Second Addendum"), and further amended by a Third Addendum adopted by Ordinance 2020-01 to incorporate specific contractual provisions required when awards are requested by federal government authorities, and further amended by a Fourth Addendum, dated February 27, 2020, whereby the Parties exercised a one year option to extend the Agreement until February 28,2021; and WHEREAS,Contractor and City desire to extend the term of the Agreement for up to an additional one year term to allow the parties sufficient time to negotiate and determine if a new I modified solid waste franchise agreement can be mutually agreed upon by the parties;and r WHEREAS,the parties desire to enter this FIFTH Addendum to modify the Agreement to incorporate up to an additional one (1) year extension of the term and other provisions stated herein. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein,the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by this reference. I� 2.0 Renewal of Term. l 2.1 Pursuant to Paragraph 23.3 of the Agreement,the City and Contractor hereby agree to renew the term of the Agreement for a period of up to one (1)year, commencing on March 1,2021 and terminating on February 28,2022,unless sooner terminated by mutual FIFTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Ine. Page 1 of 3 i i i I l k agreement of the parties upon the adoption of a new solid waste franchise ordinance and agreement by the City Commission and acceptance by the Contractor. 2.2 During the renewal period set forth in Paragraph 2.1,the parties agree to negotiate in good faith to determine whether a new solid waste franchise agreement can be agreed upon by the parties. 3.0 Amendment to Agreement — Gifts and Campaign Contributions Prohibited. The following provision is hereby added to the Agreement: Contractor hereby acknowledges and agrees that so long as Contractor is a vendor of the City of Winter Springs under this Agreement, Contractor shall abide by the provisions of Section I 112.3148, Florida Statutes, prohibiting gifts to City reporting individuals, either directly or indirectly, including,but not limited to,gifting to city commissioners, city manager,city attorney, t city clerk, city procurement officers and such other city employees. In addition, Contractor f voluntarily and willfully agrees not to give, either directly or indirectly, a campaign contribution of monetary or in-kind value to any candidate seeking to hold the office of mayor or city commissioner of Winter Springs or any other person on the candidate's behalf. 4.0 Franchise Costs. Pursuant to Paragraph 29.0 of the Agreement,the parties agree that there shall not be a renewal franchise cost associated with this one (1)year renewal. i 5.0 Other Provisions. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. i k r t r f [Remainder of page intentionally blank Signature page follows.] I� FIFTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Inc. Page 2 of 3 IN WITNESS WHEREOF, the parties cause this FIFTH Addendum to be executed and attested to by their respective authorized officials. ATTEST: ] CITY OF WINTER SPRINGS,FLORIDA: By: s� Christian Gowan,City Clerk Charl s I;acey, nyo g� } r f Date: / /S Jaz/ o; olk a Ott CORPORATE SEAL: CONTRACTOR: 4, WASTE PRO OF FLORIDA,INC. Sy: Print Name/Title: E—�2S k .au V P f f t E { f I FIFTH Addendum to Solid Waste Agreement City of Winter Springs 1 Waste Pro of Florida,Inc. Page 3 of 3 I i I I