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HomeMy WebLinkAbout2021 01 11 Public Hearing 400 - Second Reading Ordinance No. 2020-09 (Waste Pro Contract Extension) • PUBLIC HEARINGS AGENDA ITEM 400 d CITY COMMISSION AGENDA I JANUARY 11, 2021 REGULAR MEETING 1959 TITLE Waste Pro Contract Extension SUMMARY Pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24, Ordinance 2019-04, and Ordinance No. 2020-01 Waste Pro of Florida, Inc. (Waste Pro) 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"). Section 4.14(4) of the City Charter requires the City Commission to renew franchises by ordinance. The Existing Franchise Agreement expires on February 28, 2020. City staff is currently in negotiations with Waste Pro to determine if a new franchise and solid waste agreement can be mutually agreed upon. To afford more time staff is recommending a one year extension of the Existing Franchise Agreement to allow the City to continue negotiations and determine the best course of action for the coming years. In addition, language acknowledging statutory gift prohibitions and prohibiting campaign contributions to candidates seeking to hold office in any capacity has also been added to the agreement based on the recommendations of the Commission at the November 16, 2020 meeting. Waste Pro has agreed to the renewal and one year extension upon adoption of the Ordinance by the City Commission, as well as to the additional language acknowledging statutory gift prohibitions and prohibiting campaign contributions. Except for amending the term of the Existing Franchise Agreement and the additional language acknowledging statutory gift prohibitions and prohibiting campaign contributions to candidates; the terms and conditions of the Existing Franchise Agreement with Waste Pro will remain the same and in full force and effect. 1 RECOMMENDATION Staff requests the City Commission conduct a Second & Final Reading of Ordinance 2020-09 renewing the Existing Franchise Agreement and extending the term of the existing Solid Waste Agreement with Waste Pro of Florida, Inc. for one year effective March 1, 2021; with additional language acknowledging statutory gift prohibitions and prohibiting campaign contributions to candidates seeking to hold office in any capacity. 2 FIFTH ADDENDUM TO SOLID WASTE AGREEMENT THIS FIFTH ADDENDUM TO SOLID WASTE AGREEMENT ("Addendum") is made and entered into this day of ' 2021, by and between the CITY OF WINTER SPRINGS,FLORIDA,a Florida Municipal Corporation,located at 1126E. 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 ("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 modified solid waste franchise agreement can be mutually agreed upon by the parties; and 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. 2.0 Renewal of Term. 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,Inc. Page l of 3 3 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 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, city clerk, city procurement officers and such other city employees. In addition, Contractor 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. 5.0 Other Provisions. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. [Remainder of page intentionally blank. Signature page follows.] FIFTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Inc. Page 2 of 3 4 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: Christian Gowan, City Clerk Charles Lacey, Mayor Date: CORPORATE SEAL: CONTRACTOR: WASTE PRO OF FLORIDA, INC. By: Print Name/Title: FIFTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Inc. Page 3 of 3 5 ORDINANCE NO. 2020-09 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 EXTEND THE TERM OF THE AGREEMENT UP TO AN ADDITIONAL ONE YEAR PENDING NEGOTIATIONS TO DETERMINE IF A NEW FRANCHISE AGREEMENT CAN BE MUTUALLY REACHED; PROVIDING AN ADDITIONAL PROVISION ACKNOWLEDGING STATUTORY GIFT PROHIBITIONS AND PROHIBITING CAMPAIGN CONTRIBUTIONS TO CANDIDATES SEEKING TO HOLD THE OFFICE OF THE MAYOR OR CITY COMMISSIONER DURING THE TERM OF THE AGREEMENT; 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, Ordinance 2019-04, and Ordinance No. 2020-01 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 Ordinances ("Existing Franchise Agreement"); and WHEREAS, the parties desire to attempt to negotiate in good faith a new franchise agreement to provide cost effective solid waste services to the citizens of Winter Springs and need to renew the Existing Franchise Agreement for up to one year to determine whether a new agreement can be reached by the parties; 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: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. City of Winter Springs Ordinance No. 2020-09 Page 1 of 2 6 Section 2. Adoption of Solid Waste Agreement. The City Commission of the City of Winter Springs, Florida hereby approves and adopts the Fifth 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 Fifth 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of January, 2021. CHARLES LACEY, Mayor ATTEST: CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: December 14, 2020 Advertisement: Second Reading: City of Winter Springs Ordinance No.2020-09 Page 2 of 2 7