HomeMy WebLinkAboutWastePro Service Agreement - Portable Toliet 4th of July - 2026 04 1610/2024
Service Agreement
Customer Site Information New Business Temp
Account #:Site Name/Service Address:Service Site Contact:Service Start Date: 07-01-2026
Winter Springs July 4 Service Area:
Account Name:1000 Central Winds Drive Salesperson:
Winter Springs July
4
Winter Springs, FL 32708
Maura Caruso
Mobile: 407-575-2363
Email:
mdcaruso@wintersprings
fl.org
Todd Voorhees
Billing Information
Billing Name:Contact: Maura Caruso P.O.#:
Billing Address:Mobile: 407-575-2363 Customer Payment:
ATTN: City Manager
City of Winter Springs - July 4
1126 East State Road 434
Winter Springs, FL 32708
Email:
mdcaruso@wintersprings
fl.org
Monthly Equipment / Services Specifications
Service Type Qty Material Size Frequency Delivery
Fee
Rate
On-Call Equipment / Services Specifications
Service Type Qty Material Size Frequency Disposal
per Ton
Tons
Included
Delivery
Fee
Rate
PORTABLE TOILET - HANDICAP
TOILET
2 PT On-Call $100.00 $300.00
PORTABLE TOILET - STANDARD
TOILET
7 PT On-Call $100.00 $875.00
PORTABLE TOILET - HANDICAP
HAND WASH STATION
2 PT On-Call $230.00
PORTABLE TOILET - HAND WASH
STATION
2 PT On-Call $100.00 $230.00
Additional Notes: PT Delivery July 1 2026 and Pick up July 6 2026
THE UNDERSIGNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ
AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT, ON THE REVERSE SIDE, AND THAT HE/SHE HAS THE
AUTHORITY TO SIGN ON BEHALF OF THE CUSTOMER.
Date Waste Pro Representative Date
Print Name Print Name
TERMS & CONDITIONS ON THE NEXT PAGE
Additional Fees
Extra Pickup: Relocate: Dry Run Fee:
Additional Yardage Fee: Contaminated Load: Installation Charge:
Rolloff Liner: Repair Container:
Rolloff box not active after days will be charged a per day
service charge.
Rolloff container will have a per pull charge and a minimum of
tons disposal charge.
Fuel Fee: Environmental Fee: Franchise Fee:
Kevin Sweet Todd Voorhees
Apr 16, 2026 KSAA pSSr166, 20r K
Todd Voorhees KSApr161p
Customer initials for Terms and Conditions
10/2024
1. SERVICE RENDERED; WASTE MATERIALS. Customer grants Company
the exclusive right to provide equipment and services to collect and dispose of and/or
recycle all of Customer's Waste Materials for the full Term as set forth in Section 2. For
purposes of this Agreement, "Waste Materials" means all non-hazardous putrescible and
non-putrescible solid waste and recyclable materials generated by Customer or at
Customer's Service Address. Waste Materials includes Special Waste, such as industrial
process wastes, asbestos containing material, petroleum contaminated soils,
treated/decharacterized wastes, and demolition debris, provided that Customer has
completed a Waste Profile for such Special Waste which Company has approved in
writing. Waste Materials specifically excludes, and Customer agrees not to deposit or
permit deposit for collection of, any radioactive, volatile, corrosive, flammable,
explosive, biomedical, infectious, biohazardous, regulated medical or hazardous waste,
toxic substance or material, as defined by, characterized or listed under any federal,
state, or local laws or regulators, or Special Waste not approved in writing by Company
(collectively, "Excluded Materials"). Title to and liability for Excluded Materials shall
remain with Customer at all times.
LOADING RESTRICTIONS. Customer must adhere to recommended safety
precautions when loading container. This includes, but is not limited to, weight
restrictions, capacity limits, and material restrictions as stated above. Materials must be
loaded into the container in order to be removed. Customer shall not compact the
contents of Company’s container when loading it or after Waste Materials are placed in
it. Service will not be rendered until these requirements are met.
2.2. A. TERM (Permanent). The initial term of this Agreement is N/A months from the
Effective Date set forth above. This Agreement shall automatically renew thereafter for
additional periods of N/A months each unless either party gives to the other party
written notice of its intention to not renew at ninety (90) days prior to the end of the
then-existing term.
B. TERM (Temporary). This agreement shall remain in force for the duration of the
project.
For purposes of this Agreement, “Term” shall mean either the initial N/A month term,
any renewal term, or the term of the project, whichever the case may be.
3.SERVICES GUARANTY. If Company fails to perform the services
described within ten (10) business days of its receipt of written demand from Customer,
Customer may terminate this Agreement as provided in Section 9, with the payment of
all monies due through the termination date.
4.CHARGES; PAYMENTS; ADJUSTMENTS. Upon receipt of the invoice,
Customer shall pay for the services and/or equipment (including repair and maintenance)
furnished by Company in accordance with the charges on the reverse side, as adjusted
over the Term as noted herein. Company reserves the right to charge a late fee no greater
than that allowed by law on balances not paid within thirty (30) days of the date of the
invoice. Customer agrees that Company may increase the amounts charged for the
services rendered under this Agreement to adjust for increases in the Consumer Price
Index. Customer also agrees to pay liquidated damages of $100.00 for every Customer
waste tire that is found at the disposal facility. Because disposal, fuel, materials, and
operations costs constitute a significant portion of the costs of the services provided,
Customer agrees that Company may increase the amounts charged to account for
increases in transportation costs due to changes in location of the disposal facility.
Customer also agrees that Company may also increase the amounts charged to account
for increases in the average weight per container yard of Waste Materials, increases in
Company’s costs due to changes in taxes, fees or other governmental charges assessed
against or passed through to Company (other than income or real property taxes), whether
those increases are directly or indirectly associated with Customer’s specific account, and
changes in the values associated with recyclable materials. Other pricing changes will be
effective only with the consent of the Customer, either written or oral, with the other
provisions of the Agreement remaining in full force and effect. Company reserves the
right to charge an additional fee if the following additional services are provided to
Customer: Enclosure Charge, Services on High Demand Days, Pull/Push Out Services,
Container Relocation Fee, or Seasonal Restart Fee. Company reserves the right to charge
a fee no greater than that allowed by law on all Customer checks returned for insufficient
funds. The Company may increase the charges to the Customer in the event that the
weight of Customer's Waste Materials exceeds seventy- five (75) pounds per cubic yard.
5.SERVICE ADDRESS CHANGE. If Customer changes its service address
during the Term, this Agreement shall remain valid
and enforceable as to services rendered at Customer's new service location if such
location is within Company's service area.
6.EQUIPMENT, ACCESS. All equipment furnished by Company shall
remain the property of Company; however, Customer shall have care, custody and control
of the equipment and shall bear responsibility and liability for all loss or damage to the
equipment and to its contents while at Customer's location. Customer shall not compact,
overload, move or alter the equipment and shall use the equipment only for its intended
purpose. At the termination of this Agreement, Customer shall return the equipment to
Company in the condition in which it was provided, normal wear and tear excepted.
Customer shall provide unobstructed access to the equipment on the scheduled collection
day. Customer shall pay, if charged by Company, an additional fee for any service
modifications caused by or resulting from Customer's failure to provide access. Company
shall not be responsible for any damage to Customer's property, including pavement,
subsurface, curbing, resulting from Company's provision of services hereunder. Customer
warrants that Customer's right of way is sufficient to bear the weight of Company's
equipment and vehicles.
7.INDEMNITY. The Company agrees to indemnify, defend and save
Customer harmless from and against any and all liability which Customer may be
responsible for or pay out as a result of bodily injuries (including death), property
damage, or any violation or alleged violation of law, to the extent caused by any negligent
act, negligent omission or willful misconduct of the Company or its employees, which
occurs (1) during the collection or transportation of Customer's Waste Materials, or (2)
as a result of the disposal of Customer's Waste Materials, after the date of this Agreement,
in a facility owned by a subsidiary of Waste Pro provided that the Company's
indemnification obligations will not apply to occurrences involving Excluded Materials.
Customer agrees to indemnify, defend and save the Company harmless from and against
any and all liability which the Company may be responsible for or pay out as a result of
bodily injuries (including death), property damage, or any violation or alleged violation
of law to the extent caused by Customer's breach of this Agreement or by a negligent
act, negligent omission or willful misconduct of the Customer or its employees, agent or
contractors in the performance of this Agreement or Customer's use, operation or
possession of any equipment furnished by the Company.
8.RIGHT OF FIRST REFUSAL. Customer grants Company a right of first
refusal as to any offer of services similar to those provided hereunder which Customer
receives (or intends to make) upon completion of the Term of this Agreement. Customer
shall give Company prompt written notice of any such offer and a reasonable opportunity
to respond to it. Additionally, if Customer desires to recycle, Company has the right of
first refusal as to that service.
9.DEFAULT. If, during the Term, either party shall materially breach any
provision of this Agreement, the non-breaching party may provide written notice of such
breach to the breaching party and demand the breaching party cure such breach within
ten business (10) days. Upon any such failure to cure within the cure period provided
herein, the nonbreaching party may terminate this Agreement by giving the breaching
party written notice of such termination, which shall become effective upon receipt of
such notice. If the breach is non-payment by Customer, Company may elect to suspend
services until the past due amounts have been paid, with this election being an additional
remedy, not to the exclusion of the termination right described herein.
10.ARBITRATION. Customer agrees that, upon the request of Company, any
dispute or controversy between the parties that in any way arises out of or relates to this
Agreement or Company's provision of goods or services to the Customer will be
determined by binding arbitration that is conducted consistent with (but not through) the
guidelines of the Commercial Arbitration Rules of the American Arbitration Association.
Judgment upon any arbitration award shall be final and binding and may be entered in
any court having jurisdiction. If a court of competent jurisdiction, or an arbitrator with
authority to adjudicate the matter, should declare all or any part of this arbitration
provision invalid or unenforceable, then the remainder of this arbitration provision shall
be valid and enforceable to the fullest extent permitted by law. In the absence of this
arbitration provision, you may have otherwise had an opportunity to litigate claims in
court and/or to have claims decided by a jury. Within thirty (30) days of receipt of this
arbitration provision, Customer can elect to opt out of this provision (that is, to exclude it
from this Agreement) by sending a written notice to Company by certified mail to Waste
Pro USA, Inc., 2101 West SR 434, Suite 315, Attention Corporate Counsel, Longwood,
FL 32779 stating that Customer wishes to opt out of this arbitration provision.
11.MISCELLANEOUS. (a) Except for the obligation to make payments
hereunder, neither party shall be in default for its failure to perform or delay in
performance caused by events or significant threats of events beyond its reasonable
control, whether or not foreseeable, including, but not limited to, strikes, labor trouble,
riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of
God, and the inability to obtain equipment; and the affected party shall be excused from
performance during the occurrence of such events; (b) The rights and obligations under
this Agreement cannot be assigned or transferred by Customer, including assignment or
transfer to a third party agent of Customer such as a property management company or
broker, without the prior written consent of Company, which may be withheld in
Company’s sole and absolute discretion; (c) This Agreement represents the entire
agreement between the parties and supersedes any and all other agreement, whether
written or oral, that may exist between the parties; (d) This Agreement shall be construed
in accordance with the law of the state in which the services are provided; and (e) If any
provision of this Agreement is declared invalid or unenforceable, then such provision
shall be severed from and shall not affect the remainder of this Agreement. In the event
Company successfully enforces its rights against Customer under this Agreement,
Customer shall pay Company's attorneys' fees and costs.
KS
KS
Winter Springs July 4- PT-132026-07-01
Final Audit Report 2026-04-16
Created:2026-04-15
By:Maura Caruso (mdcaruso@winterspringsfl.org)
Status:Signed
Transaction ID:CBJCHBCAABAAt3ewfav6fQDAFi0z5p34IxxcHatBh4U2
"Winter Springs July 4- PT-132026-07-01" History
Document created by Maura Caruso (mdcaruso@winterspringsfl.org)
2026-04-15 - 3:43:01 PM GMT
Document emailed to Kevin Sweet (ksweet@winterspringsfl.org) for signature
2026-04-15 - 3:43:56 PM GMT
Email viewed by Kevin Sweet (ksweet@winterspringsfl.org)
2026-04-15 - 5:03:36 PM GMT
Document e-signed by Kevin Sweet (ksweet@winterspringsfl.org)
Signature Date: 2026-04-16 - 1:26:42 PM GMT - Time Source: server
Document emailed to tvoorhees@wasteprousa.com for signature
2026-04-16 - 1:26:44 PM GMT
Email viewed by tvoorhees@wasteprousa.com
2026-04-16 - 1:46:47 PM GMT
Signer tvoorhees@wasteprousa.com entered name at signing as Todd Voorhees
2026-04-16 - 1:47:26 PM GMT
Document e-signed by Todd Voorhees (tvoorhees@wasteprousa.com)
Signature Date: 2026-04-16 - 1:47:28 PM GMT - Time Source: server
Agreement completed.
2026-04-16 - 1:47:28 PM GMT