HomeMy WebLinkAbout2020 01 27 Public Hearing 400 - Second Readind Ordinance No. 2020-01 Amending Solid Waste Franchise with Waste Pro to Incorporate Federl Requirements PUBLIC HEARING AGENDA ITEM 400
CITY COMMISSION AGENDA I JANUARY 27, 2020
REGULAR MEETING
TITLE
Approval on Second and Final Reading Ordinance 2020-01 Amending the Solid
Waste Franchise Agreement with Waste Pro of Florida in Order to Incorporate
Federally-Required Contract Provisions
SUMMARY
The Finance Department requests the Commission approve on Second and Final
Reading Ordinance 2020-01 amending the Solid Waste Franchise Agreement with
Waste Pro of Florida in order to incorporate federally-required contract provisions.
Pursuant to Ordinance No. 2006-01 as amended by Ordinance No. 2010-24 and
2019-04, Waste Pro of Florida, Inc. has been providing Solid Waste services within
the municipal boundaries of the Citysince2006 in accordance with the Solid Waste
Agreement adopted by said Ordinances ("Existing Franchise Agreement"). These
services include, when requested by the City, the hauling of debris caused by a
declared emergency such as a hurricane.
In going through the FEMA reimbursement process for Hurricane Irma, the City
was notified by the Florida Division of Emergency Management that certain
contract provisions must be included when federal funds are received per the Code
of Federal Regulations (2 CFR Appendix II to Part 200 - Contract Provisions for Non-
Federal Entity Contracts Under Federal Awards Checklist). The attached
addendum includes the necessary provisions for federal compliance.
RECOMMENDATION
Staff recommends the City Commission approve Ordinance No.2020-01 on Second
and Final Reading to incorporate federally-required contract provisions.
ORDINANCE NO. 2020-01
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 INCLUDE CONTRACT PROVISIONS
REQUIRED FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS; 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
and Ordinance 2019-04, 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 Existing Franchise Agreement requires that Waste Pro of Florida, Inc., at
the written request of the City, collect debris caused by a major hurricane; and
WHEREAS, during the process of the City requesting Federal Emergency Management
Agency ("FEMA") reimbursement for Project 760 PW 8060, which relates to the debris removal
services provided by Waste Pro of Florida, Inc., following Hurricane Irma,the City became aware
that certain contractual provisions must be included in related contracts when federal awards are
being requested; and
WHEREAS, the City Commission finds that the Existing Franchise Agreement should be
amended to incorporate the required contract provisions such that the City may receive federal
reimbursement for Project 760 PW 8060; 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:
City of Winter Springs
Ordinance No.2020-01
Page 1 of 3
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
of Winter Springs, Florida hereby approves and adopts the Third 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 Third 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.
{Signature Page Follows}
City of Winter Springs
Ordinance No.2020-01
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of January, 2020.
CHARLES LACEY,Mayor
ATTEST:
CHRISTIAN GOWAN,Interim City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: January 13, 2020
Advertisement: January 15, 2020
Second Reading: January 27, 2020
City of Winter Springs
Ordinance No.2020-01
Page 3 of 3
Legm1NoGices 41%..
LegalNotAces
CONTINUE THE PUBLIC HEARING final gency Action,or publication of As requ iretl by Section'120.569 antl set forth herein witty in 30 tlay' of D-00'1, a'tormwater only—milto
ON THIS ORDINANCE AT THIS notice that the SFWMD ryas or intentl' 120.60(3),Fla.Stat.,the following is rentl(tion of the ortler to be reviewetl, wrfA[e waters of the State.The fat ility
MEETING WITHOUT FURTHER to take final a Action. AGY notice of the opnrNnitie'which mAY and by filing a copy of the notice with is locatetl at latitude No 28'50.91"N,
NOTICE. Person who re written notice of bea-HableforatlministratNo he
the clerk of the appropriate district Ion DO.
81013'6.44"Won 59111 Young
The proposed ortlinance may be a SFWMD decision s and fails to file a Iutlicial review when the substantial court of appeal. Pine Rd,Orlando,Florida 32829-7428 in
NOTICE UNDER FICTITIOUS NAME mtetl by interested Parties ritten request for hearing within the or
of a Party are determined by Orange County.The Department has
between 8 a and 5 p.m., ontlay timeframe described above w an agency.Please note that this Notice OSE511690 1/15/9040 nsigeretl the effects of rec lAimetl
TO WHOM IT MAY CONCERN: through Fritlay,at the City's Clerk's the right to request a hearing on that of Rights is not intentletl to provide water discharged to 9 o.ndwater antl
Notice is hereby given that the under Office,locatetl at 1126 East State Re. decision. Iegal advice. Not ail of the legal rime w ter d has netl File
',gnetl pursuant to the"Fictitious 434`Winter Springs', Florida. For proceeding,detailed below may be Number FL0037133-006-IW7A to the
Name Statute",Chapter 865.09,Flori- information II(407)327-1800, If the District takes final agency an applicable or appropriate remedy. pro im
do Statutes,will register with the Divi- Extension 227.Interested ties may tion which materially differ,from You a wish to consult an attorney - AGY Inteestetl P submit
,ionof Corporations,Department of appear at the meeting and Parties
heard the noticed inetletl agency decision, regard Ing your legal rights. IN THE CIRCUIT COURT OF THE NINTH JUDICIAL IT NO
comments oro the draft Permit
State, State of Florida with respect to the proposed ordinance. arsons who may W substantially of the Department or may submit a
.Pon receipt of this notice. Persons with di'abi lilies needing ffectetl shall, nless therwiso RIGHT TO REQUEST COURT,IN ANDFLORIpp NCE COUNTY, ritten 't for a Public a ting
thefictitio.'name,to wit: 'i'tanceto participate any of provitletl by law,have Wditional ADMINISTRATIVE HEARING to the FDEP Central District office
Hampton inn OrlandGDmvMGwn SGNh Medical the
se poceetlings ho,ltlr co tact Rate 28-106.111, Fla. Admin. Utle, A person whose s,b'tanti al interests Case No.:2019DR159230 At DE P_CDOtlep.state.n..s or 3319
Center the Employee Relations Department mint of entry. AY be affe," by the South Dvi'ion:38 MAg,ire Bo.levaP1,S.He N2,Orlando,
under which(I am)(we are)engaged Coordinator,48 hours in advance of the Floritla Water Management District's FL 32803, a rdance with Rule 62-
no,in e,, t 43 Columbia Street, meeting at(407)327-1800, Extension Any person to whom a emergency (SFWMD or District)action has the ClA,tlia Yane'Castellanos,Petitioner 620.555 of the Florida Administrative
Orlando,FL 32806 That the(party) 236.These are Public hearings.If Yo. tler tliectetlPursuantrto Section fight to request a administrative ntl Cotle.The c mems est for
enartiesInteestetl in saitl business tlecitle to appeal any recommendation/ 373.119(2), Fla. Stat., hall comply hearing on that action pur'nant Ped ton
o Ernesto Martinez ForNnato, a public meeting or contain the
perpp '' follows: tleci,ion made by the Ctry Commission therewith immediately,but on petition to Section, 120.569 antl 121.57, Fla. Re'Pondent Information set forth below and must
CJPSCulumbia Properties Hotel,LLC with respect to any mat For considered to the Boartl shall be afforded a hearing Stat. Persons seeking a hearing on W received the Central District
fi01 Bayshore D..HE
650,Tampa At this meeting,you will need a record s soon as po"(hire. a SFWMD decision hick affect, r NOTICE OF ACTION FOR: Office within 3J tlays of publication
FL 33606 of the procemings, and for such r may affect their substantial interests Dissolution of Marriage of this notice. FAil,re to submit
Dated at Orlando,Orange County r ,You m Y tl to ensure that A Person Y file a request for an hall file a Petition for hearing with t'or req,e't a Public meeting
Florida,O1n 020 vabatim recortl of the pro,eding'is tension of time for filing Petition. the Office of he District Clerk of the withianthi'time Periatl shall constitute
made upon which the appeal is based. The SFWMD gas, for Do. se, SFWMD,in accordance with the filing TO: Pedro Ernesto Martinez Awa ver of any right such person may
OSE572605 01/158090 Inteestetl Parties ativi'etl that Grant the request. Requests cause,
instruction, set forth herein, within Fortunate,C Oriente 259 MZ 161t 1 have�to submit comments or request theymyappear at the eeting atl grten'ion of time m„t befiletl with the 2t,tlays (receipt (written once Colonia Agricola Oriental 08500 public meeting under Rule 62421.555.
NOTICE UNDER FICTITIOUS NAME W heard with respect to the proposetl SFWMD prior to the deadline for filing of the decision, unless o of the IztacAlco,DF The comments or request for a public
ortlinance. Petition for hearing. Such request, following shorter time Period,apply: ting must contain the following
TO WHOM IT MAY CONCERN: For extension shall contain a certificate tly within 14 tlays of the notice f YOU ARE NOTIFIED that n tion 'G formation:
Notice is hereby given that the under- OS-980 01/15/90 0 for dissolution f marriage has been mm am
Ngnetl pursuant to the'Fictitious that the moving party has co'ultetl consolidated intent to grant or deny filed against You and that Y (a)The co enter',name,Atltless,
ame Statute",Chapter 865.09,Flo, NOTICE OF MEETING DATES STOREY PARK with all other Parties[ n the On etly reviewed PPl ications o. re antl telephone number,the applicant's
COMMUNITY DEVELOPMENT DISTRICT extension antl at the rSFWMD and for cenvr nmentale resource Permits equired to serve a copyof your written r% tladdress, the Department
sontaNte',wtll reg islet with the Divi- any other parties gre to or oppo a antl„e of sovereign'ubmergetl lantl' tlefon'e',if AnW,to it n ClA,tliA Yanes permit File Number and the county in
f UrState ns,Department of The Board of ity D Supervisor,of the Storey the extension.A timely request for an Pursuant to Section 3)3.42),Fla.Stat.; Castellanos, hose address i' 1421 which the Project oProposea;
Vtate, P1 Ate f nloorttlA willParCommunity Development District a tension of time shall toll the r,nn ing or(2) 'thin 14 tlays of service of an 0Ravvida Circle,OrtAntlo,Floritla,32825, b) A tatement f how and when
poo receipt of this lice. willholits regulari, ly'chetl,letl public of the time Period for filing a petition Administrative Order p,r"Ant to before,0 lay 23,lorid and file once of the Department action o
the fictitious name,to wit: pings for Fiscal Year 2020 t 4:00 until the request is acted upon. Section 373.119(1),Fla.Stat. Receipt the original with the clerk of this Cort r etl action was received;
r
4mdmltllnn t,4 Smtes)(weGkart engaged
E.at the Off ices a GMS-c F,LLc,219 of written notice of agency tlecision" t 415 N.Orange Ave.-0,Orlando, (c)A statement of the facts the
,ntler which(I )(we are)engagetl E.Livingston Street,hurldOrlano,Floritla FILING INSTRUCTIONS an rete(Pt of written notice through FL 32871,before service on Petitioner Department'ho,ltl consider in making
business at 3420 Lake Lyntla Drive, 3801,on the fourth Th,r'tlAY of each A Petition for administrative hearing mails electronic mail,o posting that r gtl iotelY thereafter.If You fail the final tlecision;
Ort Antlo,nL 32817 in the(party) month A'follows: must
be filed
with the Office f the SFWMD has o intentls to take a tlo tlefA,It y W entered etl) A statement of which Rule'
HP
teestetl said business the her
Clerk of the SFWMD. final agency action or
publication of against you for the relief demanded 'tANte' require reversal or
teruri'e is as follows: January 23,2020 Filings with the Office of the District once that the SFWMD has or intentls the Petition. motlification of the Department action
CJO ninersiry Hotel,LLC February 27,2020 Clerk may be mad e by mail,hand to take final agency tion. Any r proposetl action;and
fi01 Bayshore BGule,ard,Smte 650,Tampa Marchi 2 20 tlelivery, -mail. Filings by arson who receives written notice of Codes of all cost document,in this (e)If tle'iretl,a request that a public
FL 33606 April 23,2020 facsimile will not be ce netl. A SFWMD decision and fails to file a in kind ortler,,are available at mee ting bescheduled including public
a
Dated at Ort Antlo,Orange County May 25 11120 t t for administrative hearing or written request for hearing within the the Corof the Circuit Co,rt's office. statement a the nature f the i ,e'
Floritla,O1n 020 June 25,2020 Peiion 'vee You may review these doc POLL ,VnG
J,Iy 23,2120 Cher tlocument is deemed filed poo timeframe describetl above w proposetl to W raised at the meeting.
OW726D 01/1-20 An,„27,2020 t tl,ring b.'iness hours the right to request a hearing on that request. However, the Department may t
NOTICE UNDERFICTITIOUS NAME September 24,2021 by the Office of the ADistrict Clerk at decision. always grant r quest for a public
SFWMD headquarters in West Palm You must keep the Clerk of the Circuit meeting.Therefore,written comments
Them ting,a pen to the public Beach,Floritla. The Dishict''normal If the District takes final agency post's office nottiifiOR of Your[rrent shoultl W submitted! thin 30 tlays
TO WHOM IT MAY CONCERN: and will be connctetl in accordance business he
or'are 8:00 a. -5:00 tion which materially differ,from tltlress.(You may ile Designation of of publication of this notice,even if a
Notice is hereby given that the under ith the provisions of Florida Law for P�m.,ext l,tling weekentl'and District the noticetl intentletl agency decision, Current Mailing tl E-Mail Atltle", public meetini'req,e'tetl.
Nanetl r,A t to the'Fictitious Community Development Districts. A holidays. Any document received by s who Y be substantially Floritla Supreme Court Approved If Public ting is scheduled the
me StANte",Chapter 865.09,Flori- y of the ting q tla m Y be the Office f the District Clerk after Persons shall r ole" otherwise Family Law Form 12.915.) Fut re public comment Period ''extended
tla StANte',will reg i'terwith the Divi- copy
from the Di'hictrMAnager at 5:00 p.m.shall be tleemetl filetl as of provided by law,have an Atltl(tion Al ,in this lawsuit will be mailetl ul ,Gtil the close of the public meeting.
of Corporations,Department of 219 E.Livingston Street,Orlando,FL 8:00 a.m.on the next regular business Rule 28-106.111, Fla. Atlmin. Cotle, paper,
to the accesses on recortl at If a Public meeting held
State, State of Florida 32801 tlay.Atltl itional filing in h,ction'Ar point of entry. the clerk', person may submit �I or written
.poo receipt of this notice. A'follow': a statements and data at the meeting on
the fictitious name,to-wit: q meeting may be continued to a An P n to tom an emergency WARNING: Rule 120.285, Florida the Department proposetl action.As a
MAKIN SALES tlate,time tl lace to be specified! Filings by 'I must be addressed tler er'directetl pursuantto Section gamily Law Rates f Procedure, result of significant public comment
untler which H am) (we are) fo the Office of the District Clerk,3331 373.119(2), Fla. Stat., shall comply quires fain tomatic tlisc louvre the Department final action may be
tl business t 1655 3RD ST, on the oncA'on'rd at hwt rn one or There
more Gun Club Road,West Palm Beach, therewith immediately,but on petition f tlocument'and information.FA11,re different from the Position taken by it
CLERMON T FL 34711 That the(party) mayArm when Floritla 33406. to the board shall W affordetl a hearing to cmPB`can 'gulp i s on, this draft permit.
(parties) interested in,ad business W,nrvi'or',staff or other individual, Filings by hand delivery must be as won as possible. int l,tling tli'mi"AI ul r'hiki no
of The permit application file and
enterprise is as ollows: will participate by telephone. delivered to the Office of the District pleadings. supporting data are available for Public
MELANIEAUTUMN MAKIN PA. Clerk. Deliver` f petition to the A Person y file a request or an inspection during mal business
16553RD ST AnYO n equnin special SFWMD', security desk tloe' not extension of time for filing a petition. Dated 12A2n9 your',8:00 a.m.to Sn00 p.m.,Monday
Dations ata meeting because Clerk of the Circuit Court:Tiffany M.
Dated 01 E 020 NT,Lake County, of a tli,ability or Physical pahrnnt on'ti ute filing. It will W necessary The SFWMD may, or gootl a through Fritlay,except legal holiday,,
Florida,Amnbrzozo
Russell
ho,Itl contact the Dishict Office at to request that the SFW MD's soc,rict rant the equest. Requests for t the Department of Environmental
LAKE512988 01/158040 (407)8414524 At least 48 hours prior officer contact the Office of the District extension of time must be filetl with the OSE555d01 /I-1848040 Protection,3319 Maguire Boulevard,
to the meeting. If you are hearing or Clerk. An emPlo,re of the SFWMD', SFWMD prior to the tleatlline or filing Suite 232, Orlando, Florida, 32803,
NOTICE UNDER FICTITIOUS NAME e h impaired,Please tact the Clerk's office will receive and file the petition or hearing. Such requests Telephone Number(407)897-4100.
Floritla Relay Service at(800)966-8770 Petition. for extension shall contain u certificate OSE511675 1/15/4040
TO WHOM IT MAY CONCERN: for aid in contacting the District Office. •Filings byte-mailm„t be transmitted that the moving party has consoltetl _ _
Notice is hereby g iven that the under- to the Office of the District Clerk at with all oer parties concerning the IN THE CIRCUIT FOR ORANGE COONTYFLORIDA
Nanetl Pursuant to the"Fictitious Each Person who decide,to appeal clerk@sfwmtl.gov. The filing date for extension and that the SFWMD and • • PROBATEDIVISION
me Statute",Chapter 865.09,Flori- any action taken at these me ting' a document han'mitted by electronic y other parties agree to or Onpose INTHE CIRCUIT COURT OF THE EIGHTEENTH
tla Statutes,will reg(iter with the Divi- Ativi'etl that per will tl A'I'h all be the tlate the Office of the an
extension.Atimely request or an JUDICML CIRCUIT,IN AND FOR SEMINOLE File No.2019-CP-00234-0
of Cornotion',Department of record of the preceetl ing'and that District Clerk receives the complete extension of time shall toll the LOGO ing COUNTY FLO RIDA fASE N0.2)10 fA a01@4 Division
State, State of Florida accord ing l'the person aneed to document. A Party who
files of the time period or filing a petition FAIRW'INDS CREDIT UNION PlPLAINTI11 IN RE:ESTATE OF
upon receipt of this notice. ensure that a verbatim record of the document by
e-mail shall(1)represent until the request is acted upon. VS.UNKNOWN SPOUSE,HEtRS,DEVISEES, WILLIE RACKLEV
thefictitio„name,to-wit: poceetlings ' mtle, incl,tlingN the
that the iginal physically signetl GRANTEES ASSIGNEES,LIE NOBS Decea'ed.
Orlando Pediatric penmstry testimony antl evitlence upon hick tlocument 'll be etainetl by that FI LING INSTRUCTIONS CREDITORS,11{USEEESOF NANCY BI,HL NOTICE TO CREDITORS
art forthe tl,otion of the oceetl in A tition for Atlministrative hearin
under which(I Am)(we Are)D,S Go
such AppeAl iso W based, n Y h g Pe 0g DANDJANE DOEENDYBIEHLANDJOHNDbE The tlminishation fthe state of
business at907 OUTER ROAD,Suite and of or
subsequent ppeal must W filed with the Office f ANDJANEDOERSUNKNOWN TENANTIIS11 WILLIE RACKLEV,deceased, hose
A,Orlando FL 32814 That the(party) George S.Flint subsequent proceeding in that cause the District Clerk of the SFWMD. IN POSSESSION OF THE SO E
JECT PROPERIV, date of death was January 30,2U18,is
(parties) Inteestetl in said business Governmental Management Services- d that the party shall protluce it upon Filings with the Office of the District DEFENDANTS.NOTICEOFFORECLOSURE Pend Ing in the C ircu it Court or Who
enterprise is as Follows: Central Florida,LLC the equest of other parties;and(2)W Clerk may W made by mail,hand SALE County, Florida, Probate Division,
Jatnen Glmadot. District Manager esponsible for y delay,disruption, tlelivery, - I. Filings by Notice is hereby given that the Clerk the address of which i'425 N Orange
Zen
Rtl interruption of the electronic signals facsimile will not be A[ceptetl. A of Circuit Court, Seminole County, Ave.,IX340, Ortantlo, FL 32801' The
Dated at Orlando,Orange County OW70947 1/15/40 an accept, the full risk that the Petition or administrative hearing o Florida, will on February 18,2020, antl add— of the Personal
Flor ado,O1n 020 document may not W properly filed. other document is deemed filetl upon at 11:00 a at Room S201 of the representative''attorney are set forth
receipt during normal business hours Seminole County Courthouse, 301 below.
OR-7]28] 11/158 0 9 0 � INITIATION OF AN by the Office of the District Clerk at North Park Avenue,Sanord,Florida, All crecitor'of the deced OF and other
NOTICE UNDER FICTITIOUS NA WE
ADMINISTRATIVE HEARING SFWMD headquartersWest Palm offer for sale and sell at public outcry, P s.as having claims or demand,
PUBLIC LIEN NOTICE Pursuant to Sections 120.54(5)(b)4. Beach,Florida. The District's normal one by one,to the highest bidder for against decedent',estate on tom
TO WHOM IT MAY CONCERN: 2112 Toyota and 120.569A(2)(c),Fla.Stat,and Rule, business hours are 8:00 a. -5:00 ash,the Property located in Seminole copy
f this once i' eq,,red
to be
Notice is herebgiven that the under- 5TF RY5F12CX129818 28-106.201 d 28-106.301,Fla.Admin. P.m.,ext lulling weekentls and District County,Florida,as follows: d must file their claims with this
'gnetlPursuant to the'Fictitio„ Public auction 01—8:30Am Cotle,initiation f an administrative holidays. Any document received by so court ON OR BEFORE THE LATER
Name Satute",Chapter 865.09,Flori- 1240 W Lantlsteet Road,Orlando FI hearing ,hall W made by written the Office f the District Clerk after LOT 6,BLOCK C,NORTH ORLANDO OF 3 MONTHS AFTER THE TIME OF
tla Statutes,will register with the Di vi- 31824 Petition to the SFWMD in legible form 500 P.M.,hall be deemed filed as of TERRACE SECTION 6 OF UNIT I, THE FIRST PUBLICATION OF THIS
,ionof Corporations,Department of For into call:407312-3409 d on 812 by 11 inch white paper.All 8:00 a.m.oo the next regular business ACCORDING TO THE MAP OR PLAT NOTICE OR 30 DAYS AFTER THE
State, State of Floritla Petition,,hall contain: tlay.Atltl itional filing an,truction,are THEREOF,AS RECORDED IN PLAT DATE OF SERVICE OF A COPY OF
upon receipt of this notice. OW72840 1/15/2020 a'follows: BOOK 17,PAGE 32,OF THE PUBLIC THIS NOTICE ON THEM.
thefictitiou'name,to NOTICE OF PRIVATE SALE 1. Identification of the action being RECORDS OF SEMINOLE COUNTY, ALL CLAIMS NOT FILED WITHIN
AJS Counselingg Sewmes The following property will be Itl con.,
includinn the t Filings by 'I must be addressed FLORIDA. THB TIME PERIOD SET FORTH IN
under which(I am)(we are)engagetl by written bid by 9:00 a.m.MST on no
nniWm pplication number SFWMD to the Office of the District Clerk,3301 FLORIDA STATUES SECTION 733.702
in business t 377 Maitland Avenue, 1/23/2020. file no her or any other SFWMD Gun Club Road,West Palm Beach, pursuant to the Final Judgment of WILL Be FOREVER BARRED.
Suite 1006,Altamonte Springs,Floritla 2116 Volvo VNL64T780 identification number,if known. Floritla 33406. Foreclosure entered on August 13,2019, NOTWITHSTANDING THE TIME
32701 That the (party) (parties) gV4NC9E H6GN932608 2. The name Atltless, any email Filings by hanavelivery st be in the abovestyletl cause,Pending in PERIODS SET FORTH ABOVE,ANY
Interestetl in said business enterprise To inquire about this'tem Please call atltlress,any facsimile number,antl del Iveretl to the Office of the District saitl Court. CLAIM FILED TWO YEARS OR
I as follows: Bet Swenson at 801424-5864. telephone number of the Petitioner antl Clerk. Deliver f f Petition to the MORE AFTER THE DECEDENT'S
A.J.Schelstad Brat Swen,ton Alliance Bank 4185 Petitioner's representative,if any. SFWMD', security rdsk tloes not Any Person claiming an interest in the DATE OF DEATH IS BARRED.
3II Maitland A,enue,Suite 1006 Harrison atioBlvd Ogden,Alliance
84403 3.An explanation of how the co n'titute fi t,ing. It will be necessary surplus from the sale,if any,other than The date of first publication of this
Dated at Altamonte Springs,Seminole Petitioner's substantial interests to request that the SFWMD',security the Property owner as of the date of the lice is January 15,2020
County,Florida,01/14/2119 0S 72006 01/14 C 01/15/2020 ill be affected by the agency dicer contact the Office of the District lis Pendens m„t file a claim with the /,/Bertha Rackley
tletermination. Clerk. An employee of the SFWMD'' Clerk no later than the date.the Clerk ATTORNEYSJUSTIN CLARK
S EM6578d81 01/158020 4. A tatement of when and how Clerk's office will receive and file the eparts the fund,as unclaimed. &ASSOC IATES PLLC
NOTICE UNDER FICTITIOUS NAME the Petitioner receivetl notice of the petition. Attorney for Petitioner
SFWMD',dec inion. Fi ling,by email must betransmitted s/Stephen Orsillo 600 Winder ley Place,Suite 100
TO WHOM IT MAY CONCERN: 6.A statement of all disputed iss s o the Office of the District Clerk t JAMES E. SORENSON (FL Bar Main ntl,FL 32751
Notice is hereby given that the under • • • of material fact.I f there are none,the clerk@sfwmtl.gov. The filing date for sun&25), Telephone:321-281-1055
'gnetl p,r"Ant to the'he titin„ NOTICE OFAGENCY ACTION Petition must so indicate. a tlocument transmitted by electronic D.TYLER VAN LEUVEN (FL Bar Facsimile:311-282-1051
Name Spur,uto ,Chapter 865.09,Flori- Notice hereby Provided that the 6.A concise statement of the ultimate mail shall be the date the Office of the p0178705), E-service:notice@youhavepowercom
South Florida Water Management facts Ilegetl, int l,tling the sacific District Clerk ecei s the complete J.BLAIR BOYD(FL Bark18840),&
tla Statutes,will register with the Divi- District,on January 2,2fQ0, iss,etl facts the petitioner the , ant tlec,ment. Ar party ho files a STE P H E N O RSI LLO(F L Bar X9377), OSE511988 1/158020,182/2020
of Corporations,of
of n Environmental Resource rmit or matl ification of trate tlec,ment by e-mail shall(1)represent f NOTICE OF RULEMAKING HEARING TO
upoStatn Sinte f nloorce. an
with c ditions Permit SFWM D's proposetl a[tion. that the original physically signed Sorenson Van Le.ven,PLLC CONSIDERESFABLISHMENTOF CHAPTER
Sint of this lice. Number a OV082-S,Application 1911814- 7.A statement of the specific rules document will be retained by that Post Office Box 3637 III TO THE RULES OF PROCEDURE FOR
thefictttURT11Ame,to-wit: 12tothe Central Floritla Expressway or statutes the Petitioner contend, PAty for the duration of the Proceming Tallahassee,Florida 32315-3637 THE[UNION EASECOMMUNITY
oUCATIONA)OUTFITTERS q,thority, 4914 ORL Tower Road, require reversal or modification of the and of y subsequent appeal o Telephone (850) 3884500/Facsimile D'WLnOPMENTDISTRICT
in under which a a )(we are)engaged Orlando,FL 32837-1684 for the ming SFWMD',proposed action. subsequent r proceeding in that cause (860391 4800 The Reunion East Common try
business t 5135 A IL N 19 ST, rdifvetion of per."Od roadway LIN dl'P,ted issue,of material fact d that the Party shall Produce it upon r' @ 1law.com (EServiceDevelopment District ("District")
UNIT 116,ORLANDO,FL ted i That provernOF,known as SR 628 SR xi'tx,the'taternntmust also include the request of other parties;and(2)be Er Mail Address) ill ho ltl Public Hearing)
the(Parte)(Parties)interested in said .6 Interchange Improvements(C FX explanation of how the alleged facts responsible for any tlelay,disruption, Attorneys for Plaintiff February 13,r 2120 at 1:00 PM t the
business enter e m s follows: 628-143). The project locatetl in an
to the specific rules or statutes. or
interruption of the electronic signals Reunion Grande,Osceola Room,1693
P&h4a,Iratle,LLC Orange County,Section:26,Township: 9.A statement of the relief sought ntl act pts the full risk that the OSE56859d 1/15,1828020 Gathering Drive, Reola R, Florida
51ORLANSON DO, ran,e5 23 South,and Range: 30 East,an by the petitioner, stating precisely document may not be properly filed. 34747,for the establishment,review,
Datetl at ORLANDO,Orange County, int ludes 3.84 acre The reciving the tion the petitioner wi hes the n ideration antl adoption of Chapter
Florida,O1n48020 waterbotly is Baggy Creek. SFWMD to take with respect to the INITIATION OF AN 11 to the District's Rules Of Procedure,
ORGE518116 01/158020 SFWMD',proposed action. ADMINISTRATIVE HEARINGbigHso Inc lutling, but not limited to roles
bycnoritact ng,of the Pernnit can be he Regulatory Recain.ortls MEDIATION Prtl 120n569(2)(cj,cFlA SStat�Ant Rhl s and Policies for the utilization of the
DRY amenity facilities and
Management Section,during normal The procedures for pursuing mec iation 28-106.211 and 28-106.931,Fla.Admin. LEGAL ADVERTISEMENT supporting a rate structure for use of
business hours,8:00 a.m.to 5:00 P.m., et forth Section 121.573,Fla. Code,initiation of an atlministrative For u list of current City of Altamonte such facilities.
Monday through Fritlay, ept legal Stat,, and RUIes 28-106.111 and 28- hearing ,hall be de by 'tten Springs solicitations(quotes,bid,and
holidays,at 3301 Gun Club Roatl,West 106.401-.406,Fla.Admin.Code. The petition to the SFWMD in loutblerform proposals, etc.), Inteestetl parties The reason for the establishment of
Palm Beach, FL 33406, Reg,Iation SFWMD is not Or posing mec iation and on 812 by 11 inch white Paper.All should v sit um web site at http:// the above chapter is to Provide for
PUBLIC MEETING Division,by telephone at 5614814911, for this agency action under Section petition,,hall contain: w.altamonte.org/Solic itation List. efficient and ffim ive operation, f
The Floritla Department of bye-m ail at permtt'@'fwmd.gov,u,by 121.573,Fla.Stat,at this time. Inteestetl parties ,hon Id request the District's amenity facilities and
Environmental Potection (DEP) c ss'g the permit directly from the 1. Identification f the tion being the solicitation documents directly Property. The p op05etl rates are as
and
announce,receive furthmeetinrg to discusson District's website (www.sfwmtl.gov) RIGHT TO SEEKJUDICIAL REVIEW ontestetl, including the permit from our appoovetlwb site to ensure follows:
sing the Application/Permit Search no Pursuant to Section 120.64,Fla.Stat, umber,application umber,SFWMD notification f solicitation ,Ptlate'.
the P on,etl rnate to theta Ba in the ePermttting pAa e. d in accordance with Florida Rule of file number or Y then SFWMD For assistance,
ss'tance,a en. Heritage Co"ng Community Center
Management Action Plan(BMAP)for The District's gency action Appellate Procedure 9.110,a party who identification number,if known. Altamonte.org or call 40)-5713079. $1,500 per day
improving and protecting water quality final unless,timely petition for a, s adversely affectetl by final SFWMD 2. The n Atltless, any email Horse Stables$1,500 Per day
Lake Okeechobee. administrative hearing filed under m tion seek judicial r of address,any facsimile number,and I.., 1111,NA6,N.,,N81,0181,018V,10P4,N.,IM1.1
A meeting will W held on Fritlay, Sections 120.569 and 120.57 othe the SFWM D''efinal ecision review of
telephone number of the Petitioner and PUBLIC NOTICE-FEE LAKE NONA MC
January 24,2020,starting at 9:00 AM Flo ritla Statutes before the deadline for notice of appeal with the Office of petitioner's representative,if any. HELIPORT The public hearing may W continued
t the IRSC-Dixon Hendry Campus filing a Petition. the District Clerk of the SFWMD in 3.An explanation of how the NOTICE OF PROPOSED HOSPITAL to a later date,time and Place to W
Williamson Conference and Etlucation cortlance with the filing instructions petitioners substantial interests WITH HELIPORT: The General specified on the record at the hearing.
Center,lac atetl at 2119 NW 9th Ave., A'required by Sections 120.569 and set forth herein within 30 day,of will be affectetl by the agency Public advised that the UCF There may W occasions when Board
Okeechobee,FL 349)2. 120.60(3),Fla.Stat,the following is rendition of the order to W reviewed, determination. Lake Nona Medical Center Ian,to members, staff r other inchv idual5
The BMAP update was developed by notice of the opportunities which ay d by filing opof the notice with 4. A tatement of when and how activate'a private helipad to be used may participate by speaker telephone.
DEP with input from local['tizen', W available for admini'totive hearing the clerk f the appropriate district the petitioner received notice of the For transporting patients to and from
and o anization'. The Iutlicial reviewwhen the'ub'Pont IAl ourtofardeal. SFWMD',decisionP1 the hospital.The site f the hospital A P f the netl Chapter III
of AP i,the means For implementation or
of a party are determined by c 5.A statement of all disputed is' s located t 6450 Lake Nona Blvd of they Rules of Pthe District may W
of the adopted Total Maximum Daily y.Please note that this Notice OW71684 1/158020 of material fact If there are none,the Orlando, FL 3182). For atlditional cbtainetl by contacting the District
Load an Rights is not tended to provide NOTICE OF AGENCY ACTION Petition must so Ind cote. ormation,Please contact SAME at Manager at 219 E.Livingston Street,
For me re inormation o to obtain gal advice. Not all of the legal Notice is hereby provided that the .A concise statement of the ultimate 407-975-1273 by January 24th. OrlandoI FL 32801. Any Person
meeting agenda, contact Sara ceeding'detailed below may be South Florida Water Management facts alleged, including the specific requiring special a ommatlation'at
Davis,,, Blair Stone Road,MS 3565, Pr Applicable or appropriate remedy.A Dishict,on December 21,2019,issued facts the Petitioner contend, t OSE5EE6d1 1/8-1828020 try is meeting becauseofa ON,bilitY or
Tallahassee, FL 32399-2400, (850)245- You may wish to o s It an atrney n Environmental Resource permit modification of rr the NOTICE OFINTENTION TOLMSE Physical impairment should contact
8825 or by email at Sara.C.Davis® regard ing Your legal rights. (Permit) with ,end ition' Permit SFWMD',proposetl action. TO WHOM IT MAY CONCERN: the District Office at 4073414624 at
floricadeP.gov. Number a 102612-P, Application 7.A statement of the specific rule,
Pursuant to Section 373.093,FS.,the least fortyeight(a)hours Prior to the
OSE569d82 01/15/20 RIGHT TO REQUEST 1911814-16 to the Central Floritla statutes the petitioner contently St Johns River Water Management meeting. If you are hearing or speech
ADMINISTRATIVE HEARING Expressway Authority, 4974 ORL require reversal or modification of the District("Dishict")hereby gives and impairetl,please contact the Florida
CIN OF WNTER SPRINGS N OTICE OFPUBLIC A Person whose substantial interests Tower Road,Orlando,FL32807-1684for SFWMD',Propo,ed action. Publishes notice of its intention to Relay Services 1300-9553770,for aid in
HEARING are
r or may W affectetl by the South interchange and roadway matl ification' 8.If disputed issue,of material fact ease certain Iantls.Property: 15,310 contacting the District Office.
NOTICE IS HEREBY GIVEN THAT Florida Water Management District's of a ittetl Project known as SR exist,the statementmust also include for palm frond harvesting,
THE CITY COMMISSION (SFWMD or District)action has the 628 SR 426 Interchange Improvements Planation of how the alleged facts located in portions of Seminole Ranch, Each n who decide,to appeal
PROPOSES TO CONSIDER: right to eque'tA administrative (CFX 628-143).The project('located in rel ate to the specific rules or statutes. Lake Monroe,Lake Jesup and Bu c k any decision made by the Boardwith
ORDINANCE NO.2120-01 hearing that action ant Orange County,Section:26,Town hi P: 9.A statement of the relief sought Lake Conservation Areas;locatetl in repec,to any matter considered!at
AN ORDINANCE OF THE CITY to Sections 120.569 and 120.SIf5 Fla. 23 South,and Range: 30 East,antl by the Petitioner, stating P is IY Orange,Brevard,Volu'ia antl Seminole the meeting is advised that Person will
COMMISSION OF THE CITY OF Stat. Persons seeking a hearing o include, 97.18 acres. The receiving the tion the petitioner wi hes the Counties, Florida.The property will need a record of proceeding,and that
WINTER SPRINGS, FLORIDA, a SFWMD tlecision which affects or waterbodY is BAGGY r Creek. SFWMD to take with respect to the be leased at approximately 3:00 Pm accordingly,the person may need to
AMENDING THE EXISTING SOLID may affect their substantial tntere'h SFWMD',Propo,ed action. Thu-,day,January 23,2020,at District re that a verbatim record of the
WASTE FRANCHISE AGREEMENT ,hall file r petition for hearing with A copy of the permit can be obtain. Headquarters, 4049 Reid Street, poceetlings mtle, incotl in,N the
WITH WASTE PRO OF FLORIDA, the Office of the District Clerk of the by contacting the Reg,IAtorY Recortl' MEDIATION Palatka,Florida 31177. testimony and evitlence upon hick
INC.,AFL ORIDA CORPORATION,TO SFWMD,in accordance with the filing Management Section,during normal The Procedure'fore rsui120.6JJ,iation OSE512588 1/15,1/22,1898020 such appeal is to W matle.
INCLUDE CONTRACT PROVISIONS instructions set forth herein, within business hours,8:00 a.m.o 5:00 P.m., e ELL.
REQUIRED FOR NON-FEDERAL 21 tlays of receipt of written notice Monday through Friday,except legal State and Rules 28-106.111 and 28- STATE OF FLORIDA DEPARTMENT O F George S.Flint
ENTITY CONTRACTS UNDER of the tlecision, unless o of the holitlay',at 3301 Gun Cl,b Road,West 106.401-.405,Fla.Admin.Code. The ENVIRONMENTAL PROTECTION Governmental Management Service'-
FEDERAL AWARDS; PROVIDING following shorter time Peyotl'apply: Palm Beach, FL 33406, Regulation SFWMD is not proposing meciation NOTICE OF DRAFT PERMIT Cental Florida,LLC
FOR SEVERABILITY AND AN (1) within 14 tlays of the notice of Division,by telephone at 561-11, for this agency tion under Section The Department of Environmental District Manager
EFFE CTIVE DATE. consul atl at.intent to Drant r deny by ecma it at Permits®'fwmtl.gov,or by 120.573,Fla.Stat,at this time. Protection gives notice f its OSE512818 1/15/2020
PUBLIC HEARING con rently rev ewetl applications accessing the permit diec tly from the preparation f a draft permit to the
FOR SECOND READING force use of mental r mit, Distric Ms website (www.'fwmdGo" RIGHT TO SEEK JUDICIAL REVIEW Orange County Utilities Solid Waste
WILL BE MONDAY, ELD ON JANUARY 2I, 11120 AT p,rs,antrto55ectioin 373-,AFlatle6lhtls there Permithe tting Application/Permit
Search on PursuantnaccoltlancSection
w with OFlorttlaFla.
R,le O! FDivision
loritla)�o operat9150 e the existing Ford
Rd.
ing lantlfil{ POST YOUR RESUME
6:30 P.M.OR SOON THEREAFTER (2)within 14 day,of service of an The District's a cY action APPellAte Precenre 9.110,a party who leachate treatment and di al Go to Or antlo5enti ne.tom/
IN THE COMMISSION CHAMBERS Administrative Order pursuant to final unless a timely petition for an is adversely affectetl by final SFWMD system c 'i ting of two treatment
LOCATE DATTHEWINTERSPRINGS Section 373.119(1),Fla.Stat Receipt administrative hearing t'filed!anderthe tion y seek judicial r of pontl',a discharge for o tr to the )Obs,click On Find Jobs and
CIT 434,WINTER) EAST STATE ROAD SPRINGS,, FLORIDA. rf written notice of me n,eceiptofwrittenenotice through FloriidaSStatute69and 120.57 ofbefoe thedeadlne for the
n notice of appeal with decision
the Offic�e�Of ba[kwp,surface wanton ter dCenter
scharge,,at post your resume for
THE CITY COMMISSION RESERVES mail,electronic mail,or Posting that filing a Petition. the District Clerk of the SFWMD in Outfall D-0Ol.The permit also in�l,tle' employers 10 VIeW today!
RIGHT TO POSTPONE OR the SFWMD has or intentls to take accordance with the filing instructions authorization to di'charue at Outfall
THIRD ADDENDUM TO
SOLID WASTE AGREEMENT
THIS THIRD ADDENDUM TO SOLID WASTE AGREEMENT("Third Addendum")
is made and entered into this day of , 2020, 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, Third floor, 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"), and further
amended to extend the Agreement by a Second Addendum adopted by Ordinance 2019-04
("Second Addendum"); and
WHEREAS,Section 21.0 of the Agreement addresses the Contractor's collection of debris
caused by hurricanes; and
WHEREAS, due to the impacts of Hurricane Irma in September 2017, the City had an
immediate need for Contractor to assist in the expedient removal of hurricane debris within the
corporate limits of the City of Winter Springs; and
WHEREAS, during the process of the City requesting reimbursement for Project 760 PW
8060, which relates to the debris removal services provided by Contractor following Hurricane
Irma, the City became aware that certain contractual provisions are required to be included in
related contracts when federal funds are being requested from the Federal Emergency Management
Agency ("FEMA"); and
WHEREAS,the parties desire to enter this Third Addendum to modify the Agreement to
incorporate the applicable provisions described in Appendix 11 to Part 200 Contract Provisions for
non-Federal Entity Contracts Under Federal Awards, as required by Section 200.326, Code of
Federal Regulations, such that the City may be expeditiously reimbursed by FEMA or otherwise.
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.
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 1 of 10
2.0 Amendments to Agreement. Section 21.0 is hereby deleted in its entirety and shall be
replaced with the following language:
21.0 Storms;Hurricanes;Natural Disasters;Calamities. In the event a major storm,
hurricane, natural disaster, or any other type of major or serious calamity
("calamity") causes an excessive amount of refuse, vegetative waste, bulk trash, or
other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on
private and/or public property, Contractor shall collect such debris at the City's
written request. City agrees to pay Contractor for such additional service in an
amount mutually agreed upon in writing by the City and Contractor. Contractor
acknowledges and agrees that collection and disposal services performed after a
calamity may be subject to special procedures in order that the City can receive
reimbursement from state and federal agencies like FEMA. In such cases,
Contractor shall be fully responsible and liable for complying with all such
procedures and shall also indemnify and hold harmless the City in the event
Contractor fails to comply with said procedures. Nothing in this Agreement shall
exclude or prohibit the City or any other contractors from collecting and disposing
of such debris caused by a major or serious calamity. The "Federally Required
Contract Clauses for FEMA Public Assistant Grantees and Subgrantees," attached
hereto as"Attachment A," is fully incorporated herein in order to enable the City's
receipt of federal reimbursement funding for Contractor work performed in
accordance with this Agreement. Attachment A includes required contracts
provisions for non-federal entity contracts under federal rewards. Attachment A
applies only to Contractor work performed pursuant to Section 21.0 and does not
otherwise apply to the Agreement.
3.0 Other Provisions. All other provisions of the Agreement not amended hereunder shall
remain in full force and effect.
[Remainder ofpage intentionally blank. Signature page follows.]
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 2 of 10
IN WITNESS WHEREOF, the parties cause this Third Addendum to be executed and
attested to by their respective authorized officials.
ATTEST: CITY OF WINTER SPRINGS, FLORIDA:
By:
Christian Gowan,Interim City Clerk Charles Lacey,Mayor
Date:
CORPORATE SEAL: CONTRACTOR:
WASTE PRO OF FLORIDA,INC.
By:
Print Name/Title:
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 3 of 10
ATTACHMENT A—FEDERALLY REQUIRED CONTRACT CLAUSES
FOR FEMA PUBLIC ASSISTANCE
GRANTEES AND SUBGRANTEES
A. Equal Employment Opportunity
During the performance of this contract,the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color,religion, sex, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment without
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment,notices to be provided setting forth
the provisions of this nondiscrimination clause.
(2)The Contractor will,in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
(4)The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 4 of 10
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
B. Compliance with the Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 5 of 10
or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (1) of this section,in the sum of
$10 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work performed by the Contractor or
subcontractor under any such contract or any other Federal contract with the same prime
Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime Contractor, such sums as may be determined to
be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1)through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1)through (4) of this section.
C. Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the
City will, in turn, report each violation as required to assure notification to the State of Florida,
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
D. Federal Water Pollution Control Act
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees that the
City will, in turn, report each violation as required to assure notification to the State of Florida,
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 6 of 10
Federal Emergency Management Agency, and the appropriate Environmental Protection Agency
Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000
financed in whole or in part with Federal assistance provided by FEMA.
E. Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the contractor, its principals (defined at 2
C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the State of Florida and , the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
F. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the recipient.
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 7 of 10
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation,renewal, amendment, or modification of any Federal contract, grant,loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, orcooperative agreement, the undersigned shall
complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The
Contractor, , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure,if
any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 8 of 10
G. Procurement of Recovered Materials
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be
acquired
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii)At a reasonable price.
(2) Information about this requirement, along with the list of EPA-designate items, is available at
EPA's Comprehensive Procurement Guidelines web site,
hllps://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
H. Access to Records
The following access to records requirements apply to this contract:
(1) The contractor agrees to provide the City, the State of Florida, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
I. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s),logos, crests, or reproductions of flags or likenesses
of DHS agency officials without specific FEMA preapproval.
J. Compliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.
The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies,procedures, and directives.
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 9 of 10
K. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
L. Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the Contractor's actions pertaining to this contract.
M. Termination for Convenience
Either party may terminate for convenience without penalty at any time upon thirty (30) days
advance written notice. In the event of termination, City shall be liable only for the payment of
all unpaid charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
Third Addendum to Solid Waste Agreement
City of Winter Springs/Waste Pro of Florida,Inc.
Page 10 of 10