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HomeMy WebLinkAboutWaste Pro of Florida, Inc. Sixth Addendum to Solid Waste Agreement - 2021 05 10 SIXTH ADDENDUM TO SOLID WASTE AGREEMENT THIS SIXTH ADDENDUM TO SOLID WASTE AGREEMENT ("Addendum") is made and entered into this day of /'-j ., 2021, by and between the CITY OF WINTER SPRINGS,FLORIDA,a Florida Municipal 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, effective March 1, 2006, 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 further amended by Ordinance No. 2020-09 extending the term for up to additional one year pending negotiations of this extension(hereinafter collectively referred to as"Agreement"); and WHEREAS,Contractor and City desire to extend the term of the Agreement an additional five(5)years and up to three(3) additional one year renewals; and WHEREAS, the parties desire to enter this SIXTH Addendum to modify the Agreement to incorporate an additional five(5)year term and up to three(3)additional one year renewal terms as more specifically provided 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. 2.0 Renewal of Term. 2.1 Pursuant to Paragraph 23.3 of the Agreement,the City and Contractor hereby agree that upon the effective date of Ordinance No. 2021-03, the Agreement shall be extended for an additional five (5) year term, commencing on March 1, 2022 and terminating on SIXTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Inc. Page 1 of 2 February 28, 2027, unless sooner terminated in accordance with the terms and conditions set forth in the Agreement. 2.2 The parties may mutually agree, in writing, to exercise up to three (3) one (1) year renewal terms after the initial five year term. Renewals shall be based on the same terms and conditions as set forth in the Agreement unless the parties agree, in writing,to modify the terms and conditions. Further, any renewal shall be contingent upon Contractor's satisfactory performance of the terms and conditions of the Agreement. 3.0 Franchise Costs. Pursuant to Paragraph 29.0 of the Agreement, the parties agree that there shall not be a renewal franchise cost associated with the five (5) year renewal. 4.0 Other Provisions. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. IN WITNESS WHEREOF, the parties cause this SIXTH Addendum to be executed and attested to by their respective authorized officials. ATTEST: CITY OF WINTER SPRINGS, FLORIDA: a wChristian Gowan, City Clerk Kevin McCann,Mayor goes*.. yid Q Date: coo t OR10 A CORPORATE SEAL: CONTRACTOR: WASTE PRO OF FLORIDA,INC. By: Print Name/Title: Frik Anl<gn�//PVP SIXTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Inc. Page 2 of 2