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Home My WebLink About2021 04 26 Public Hearing 400 - Waste Pro Contract Addendum and First Reading of Ordinance 2021-03 + , PUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA I APRIL 26, 2021 REGULAR MEETING TITLE Waste Pro Contract Addendum and First Reading of Ordinance 2021-03 SUMMARY Pursuant to Ordinance No. 2006-01, as amended by Ordinance No. 2010-24, Ordinance 2019-04, Ordinance No. 2020-01 and Ordinance No. 2020-09 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, 2022. Except for amending the term of the Existing Franchise Agreement; the terms and conditions of the Existing Franchise Agreement with Waste Pro will remain the same and in full force and effect. At the March 22, 2021 commission meeting, staff presented a comparative evaluation of the existing Waste Pro Franchise Agreement with other local solid waste franchises. The recent competitive bidding experiences of other nearby municipalities and counties did not result in favorable outcomes for their residents. As a result of that evaluation, staff recommended that the Commission grant a long term extension to Waste Pro of Florida because such extension will be more economically advantageous to the citizens of Winter Springs than competitively bidding solid waste services in the current market. That long term extension will become effective 3/1/2022 and remain in effect through 2/28/2027 with three 1 year extensions available upon mutual consent. RECOMMENDATION Staff requests the City Commission conduct a First Reading of Ordinance 2021-03 renewing the Existing Franchise Agreement and extending the term of the existing Solid Waste Agreement with Waste Pro of Florida, Inc. through February 28, 2027 effective upon execution. 1 SIXTH ADDENDUM TO SOLID WASTE AGREEMENT THIS SIXTH 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, 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 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: By: Christian Gowan, City Clerk , Mayor Date: CORPORATE SEAL: CONTRACTOR: WASTE PRO OF FLORIDA, INC. By: Print Name/Title: SIXTH Addendum to Solid Waste Agreement City of Winter Springs/Waste Pro of Florida,Inc. Page 2 of 2 3 ORDINANCE NO. 2020-03 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 FIVE (5) YEARS WITH UP TO THREE (3) ADDITIONAL ONE YEAR RENEWALS; 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, Ordinance No. 2020-01 and Ordinance No. 2020-09 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, based upon a comparative evaluation of the Existing Franchise Agreement with other local solid waste franchises,the recent competitive bidding experiences of other nearby municipalities and counties, City staff has recommended that the City Commission grant a long term extension to Waste Pro of Florida because such extension will be more economically advantageous to the citizens of Winter Springs than competitively bidding solid waste services in the current market; and WHEREAS, the parties desire to renew the Existing Franchise Agreement for an additional five (5) year term with up to three (3) additional one year renewals; 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. Section 2. Adoption of Solid Waste Agreement. The City Commission of the City City of Winter Springs Ordinance No.2021-03 Page 1 of 2 4 of Winter Springs, Florida hereby approves and adopts the Sixth 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 Sixth 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 April, 2021. 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: Advertisement: Second Reading: City of Winter Springs Ordinance No. 2021-03 Page 2 of 2 5