HomeMy WebLinkAbout2021 05 10 Public Hearing 400 - Waste Pro Contract Addendum and Second Reading of Ordinance 2021-03 • PUBLIC HEARINGS AGENDA ITEM 400
moa d CITY COMMISSION AGENDA I MAY 10, 2021 REGULAR MEETING
1959
TITLE
Waste Pro Contract Addendum and Second 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.
First Reading of this Ordinance was held on April 26, 2021.
This is the Second Reading and Adoption of Ordinance 2021-03.
RECOMMENDATION
Staff requests the City Commission conduct a Second Reading and Adoption
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 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
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
1
attending the meeting in person will be WILL BE HELD ON
asked to wear a mask and maintain
social distancing. The District fully MONDAY, MAY 10, 2021 AT 6:30
encourages public participation in a P.M. OR SOON THEREAFTER IN
safe and efficient manner in light of the THE COMMISSION CHAMBERS
COVID-19 public health emergency.To LOCATED AT WINTER SPRINGS
that end,the District recommends that CITY HALL 1126 EAST STATE ROAD
any member of the public interested 434 WINTER SPRINGS, FLORIDA.
in listening to and participating in THE CITY COMMISSION RESERVES
the meeting do so remotely by calling THE RIGHT TO POSTPONE OR
1-844-621-3956 and entering Participant CONTINUE THE PUBLIC HEARING
Code:796580192#1. ON THIS ORDINANCE AT THIS
MEETING WITHOUT FURTHER
Any person requiring special NOTICE.
accommodations at these meetings
because of a disability or physical The proposed ordinance may be
impairment should contact the District inspected by interested parties
Manager's Office at least forty-eight between 8 a.m. and 5 p.m., Monday
(48)hours prior to the meeting. If you through Friday, at the City's Clerk's
are hearing or speech impaired,please Office,located at 1126 East State Road
contact the Florida Relay Service by 434, Winter Springs, Florida. For
dialing 7-1-1, or 1-800-955-8771 (TTY) more information call (407) 327-1800,
/ 1-800-955-8770 (Voice), for aid in Extension 253. Interested parties may
contacting the District Manager's appear at the meeting and be heard
Office. with respect to the proposed ordinance.
Persons with disabilities needing
Any person who decides t0 appeal any assistance to participate in any of
decision made by the Committee with these proceedings should contact
respect to any matter considered at the Employee Relations Department
the meeting is advised that the person Coordinator,48 hours in advance of the
will need a record of the proceedings meeting at (407) 327-1800, Extension
and that,accordingly,the person may 236. This is a public hearing. If you
need to ensure that a verbatim record decide to appeal any recommendation/
of the proceedings is made, including decision made by the City Commission
the testimony and evidence upon which with respect to any matter considered
such appeal is to be based. at this meeting,You will need a record
of the proceedings, and for such
Jennifer Walden purposes,you may need to ensure that
District Manager a verbatim record of the proceedings is
OS6933346 4!29/21 made upon which the appeal is based.
Interested parties are advised that
CITY OF WINTER SPRINGS NOTICE OF CITY they may appear at the meeting and
COMMISSION SPRINGS
NOTICE F be heard with respect to the proposed
ordinance.
NOTICE IS HEREBY GIVEN THAT OS6936583 4/29/2021
THE CITY COMMISSION
PROPOSES TO CONSIDER:
NOTICE OF APPLICATION FOR BANK MERGER
ORDINANCE NO.2021-04 Rochelle State Bank, 800 Ashley
Street, Rochelle, Georgia 31079, a
AN ORDINANCE OF THE CITY Georgia banking institution, and ST
COMMISSION OF THE CITY OF AcgCo, Inc.,390 North Orange Avenue,
WINTER SPRINGS, FLORIDA; 23rd Floor, Orlando, Florida 32801,
AMENDING THE CITY OF WINTER a Georgia corporation, have filed a
SPRINGS CODE OF ORDINANCES, Bank Merger Act Application with the
SECTION 2-27 REGARDING Federal Deposit Insurance Corporation
CITY COMMISSION RULES AND and the Georgia Department of
PROCEDURES; PROVIDING Banking and Finance for approval
AMENDMENTS RELATED TO to complete the merger of ST AcgCo,
AGENDA ITEMS AND REPORTS; Inc.,with and into Rochelle State Bank.
PROVIDING FOR THE REPEAL It is contemplated that all branches
OF PRIOR INCONSISTENT of Rochelle State Bank will remain
ORDINANCES AND RESOLUTIONS; open and continue to be operated
INCORPORATION INTO THE as branches of Rochelle State Bank
CODE; SEVERABILITY AND AN following the proposed merger.
EFFECTIVE DATE. Any person wishing to comment on
this application may file his or her
PUBLIC HEARING comments in writing with the regional
FOR SECOND READING director of the Federal Deposit
WILL BE HELD ON Insurance Corporation at its Atlanta
Regional Office located at Ten 10th
MONDAY, MAY 10, 2021 AT 6:30 Street N.W.,Suite 800,Atlanta,Georgia
P.M. OR SOON THEREAFTER IN 30309,or with the Georgia Department
THE COMMISSION CHAMBERS of Banking and Finance,located at 2990
LOCATED AT WINTER SPRINGS Brandywine Road, Suite 200, Atlanta,
CITY HALL 1126 EAST STATE ROAD Georgia 303041, in each case not later
434 WINTER SPRINGS, FLORIDA. than May 14,2021.The nonconfidential
THE CITY COMMISSION RESERVES portions of the application are on file
THE RIGHT TO POSTPONE OR at the FDIC Atlanta Regional Office
CONTINUE THE PUBLIC HEARING and are available for public inspection
ON THIS ORDINANCE AT THIS during regular business hours.
MEETING WITHOUT FURTHER Photocopies of the nonconfidential
NOTICE, portion of the application file will be
made available upon request.
The proposed ordinance may be
inspected by interested parties OS6929647 4/14,4/29,5/9/21
between 8 a.m. and 5 p.m., Monday
through Friday, at the City's Clerk's
Office,located atEast State Road
434, Winter Springs, Florida. For �
more information call (407) 327-1800,
Extension 253. Interested parties may
appear at the meeting and be heard
with respect to the proposed ordinance.
Persons with disabilities needing Merchandise
assistance t0 participate in any Of
these proceedings should contact
the Employee Relations Department
Coordinator,48 hours in advance of the
meeting at (407) 327-1800, Extension Merchandise236. This is a public hearing. If you
decide to appeal a recommendation/decision
��
decision made by the City Commission
with respect to any matter considered
at this meeting,you will need a record
of the proceedings, and for such BUYING COSTUME JEWELRY, ANTIQUES,
purposes,you may need to ensure that COLLECTIBLES,OLD COINS&OLD TOYS
a verbatim record of the proceedings is Please call: 407-257-5421.Thank you
made upon which the appeal is based.
Interested parties are advised that
they may appear at the meeting and •
be heard with respect to the proposed
ordinance.
056936589 4/29/2021 -
CITY OF WINTER SPRINGS NOTICE OF CITY ORLANDO
COMMISSION PUBLIC HEARING Estate Sale-household goods,
NOTICE IS HEREBY GIVEN THAT furniture&tools!7533 Sugarbend Dr,
THE CITY COMMISSION 32819.Thurs 4/29&Fri 4/30 8am-5pm.
PROPOSES TO CONSIDER: Please wear a face mask.
ORDINANCE NO.2021-03
ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA,
AMENDING THE EXISTING SOLID
WASTE FRANCHISE AGREEMENT Transporbdion
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 Autos Wanted
FOR SEVERABILITY AND AN
EFFECTIVE DATE. WANTED:I BUYALL RVS&CAMPERS -
$$$$TOP$$$PAID; CASH ON THE
PUBLIC HEARING SPOT CALL OR TEXT JOHN 954-
FOR SECOND READING 895-0643