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HomeMy WebLinkAbout2023 10 23 Regular 501 - Waste Pro of Florida, Inc. Seventh Addendum to the Solid Waste Agreement.REGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | OCTOBER 23, 2023 REGULAR MEETING TITLE Waste Pro of Florida, Inc. Seventh Addendum to the Solid Waste Agreement. SUMMARY The City of Winter Springs and Waste Pro entered into a contract for the collection and disposal of residential solid waste on March 1, 2006. Section 5.2 of the agreement allows for an annual Consumer Price Increase adjustment not to exceed 2.5% on the house hold rate established by this agreement. Section 5.6 of this agreement "Contractor's Petition for a Rate Adjustment". Over the last 24 months the US economy has experienced significant inflationary pressures. Waste Pro has requested that the City consider an additional increase to help offset the rising costs of fuel, maintenance and other costs of operations. FUNDING SOURCE Additional rate paid to Waste Pro will be paid for from the Solid Waste Fund 130 Disposal Budget and its Fund Balance for the increase above the budgeted amount. RECOMMENDATION Staff requests the Commission consider approving an additional increase of 4% above the stated maximum CPI of 2.5% in Section 5.2 of the Solid Waste Agreement dated March 1, 2006. Section 5.6 of the agreement allows for, and Waste Pro has asked for this consideration to help off set its rising operational costs. The current rate paid per residential household unit is $16.13. Staff is recommending an additional 4% increase to begin with the services rendered after November 1, 2023. The new rate will be $16.78 per residential household. 496 Seventh Addendum to Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 1 of 2 SEVENTH ADDENDUM TO SOLID WASTE AGREEMENT THIS SEVENTH ADDENDUM TO SOLID WASTE AGREEMENT (“Fourth Addendum”) is made and entered into this ____ day of _____________, 2023, 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 (“Agreement”), adopted by Ordinance No. 2006-01, as amended by subsequent Addendums One through Six; and WHEREAS, Section 5.6 of the Agreement allows the Contractor to petition the City Commission for an increase due to unusual and unanticipated increases in the cost of doing business including changes to the C.P.I.; and WHEREAS, due to unusual and unanticipated sudden increases in the C.P.I. experienced locally and nationally, the City and Contractor desire to agree on a one -time extra inflation rate adjustment for residential solid waste services as more specifically set forth herein; and 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 Extra Inflation Adjustment to Rate. Pursuant to Section 5.6 of the Agreement, the City and Contractor hereby agree to a one- time extra inflation rate adjustment of four (4%) percent for payment of solid waste services provided by Contractor to residential households which currently consists of: 2 weekly trash pick-ups 1 weekly yard waste pick-up 1 weekly recycling pick-up The new residential rate per household which the City will pay to the Contractor shall be 497 Seventh Addendum to Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 2 of 2 $16.778 per residential household unit ($16.13 x 1.04 = $16.78). The new rate shall take effect for services rendered after November 1, 2023. 3.0 Franchise Provisions. The terms of the Agreement shall not be altered by this Seventh Addendum and shall remain in full force and effect except for the adjustment to the residential rate per household as provided herein. IN WITNESS WHEREOF, the parties cause this Fourth Addendum to be executed and attested to by their respective authorized officials. ATTEST: CITY OF WINTER SPRINGS, FLORIDA: _____________________________ By: ___________________________ Christian Gowan, City Clerk Kevin McCann, Mayor Date: _____________________ CORPORATE SEAL: CONTRACTOR: WASTE PRO OF FLORIDA, INC. By:___________________________________ Print Name/Title: __________________________ 498