HomeMy WebLinkAboutOrdinance 2010-24 Adopting An Addendum To Solid Waste Franchise Agreement With Waste Pro of Florida, Inc. ORDINANCE NO. 2010 -24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING AN
ADDENDUM TO THE CITY'S SOLID WASTE FRANCHISE
AGREEMENT WITH WASTE PRO OF FLORIDA, INC.;
EXTENDING THE TERM OF THE FRANCHISE FOR FOUR
(4) YEARS EFFECTIVE MARCH 1, 2011 AND MAKING
OTHER MISCELLANEOUS AMENDMENTS; PROVIDING
FOR THE REPEAL PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, 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, Contractor and City previously entered into that certain Solid Waste
Agreement, effective March 1, 2006 ( "Agreement "), adopted by Ordinance No. 2006 -01; and
WHEREAS, the parties mutually desire to exercise their option under paragraph 23.3 of the
Agreement to extend the term of the Agreement for an additional four (4) years; and
WHEREAS, the parties further desire to modify the Agreement with regard to various
additional issues; 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; 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.
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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 Addendum to Solid Waste Agreement. The City Commission
of the City of Winter Springs, Florida hereby approves and adopts the 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 Addendum is attached hereto as "Appendix A," is fully
incorporated herein by this reference, and shall become effective on March 1, 2011.
City of Winter Springs
Ordinance 2010 -24
Page 1 of 2
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All other prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Not Incorporated Into Code. This ordinance shall not be incorporated into
the Winter Springs City Code.
Section 5. 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 6. 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 13th day of December, 2010.
•
1 _
C S LACE s
ATTEST:
Ar LORENZO- LUACES, City Clerk
k
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: November 15, 2010
Second Reading: December 13, 2010
Effective Date: December 13, 2010
City of Winter Springs
Ordinance 2010 -24
Page 2 of 2
ADDENDUM TO
SOLID WASTE AGREEMENT
THIS ADDENDUM TO SOLID WASTE AGREEMENT ( "Addendum ") is made and
entered into this day of , 2010, 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; and
WHEREAS, the parties mutually desire to exercise their option under paragraph 23.3 of the
Agreement to extend the term of the Agreement for an additional four (4) years; and
WHEREAS, the parties further desire to modify the Agreement with regard to various
additional issues; 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 Renewal of Term.
2.1 Pursuant to paragraph 23.3 of the Agreement, the City and Contractor hereby agree
to renew the term of the Agreement for four (4) years, commencing on March 1, 2011 and
terminating on February 28, 2015.
2.2 Upon mutual agreement, the term of the Agreement may be further extended by the
City for an additional four (4) year term. If the City elects to renew this Agreement, the City
shall provide written notice of the renewal to the Contractor no later than ninety (90) days
prior to the expiration of the term of the Agreement.
3.0 Consumer Price Index Adjustment. Paragraph 5.2 of the Agreement is hereby amended
as follows (underlined type indicates additional language):
Addendum to Solid Waste Agreement
City of Winter Springs / Waste Pro of Florida, Inc.
Page 1 of 4
Consumer Price Index Adjustment. The rates in paragraph 5.1
shall remain unchanged during the term of this Agreement unless the
Contractor requests in writing an annual CPI adjustment or petitions
the City for a rate adjustment in accordance paragraphs 5.6 or 5.8. If
a CPI rate adjustment is requested, the Contractor shall receive said
adjustment based on the following mathematical formula:
New Rate = [CPI2 - CPI1] +1 x Current Rate
CPI'
"CPIl " The published CPI for the month of
October of the preceding year.
"CPI2" The published CPI for the month of
October for the year in which the rate
is being adjusted.
Adjustments to the prices made in accordance with this subsection are
intended to reflect changes in the purchasing power of a given amount
of money expressed in dollars. Under no circumstances shall the CPI
adjustment exceed two and one -half (2 %2) percent in any given year.
However, in the event that the CPI exceeds 2 1/2 percent in years when
the Contractor requests a CPI adjustment, the percentage amount over
2 1/2 percent shall be carried forward to be applied in subsequent years
( "Carried Forward CPI"). The Carried Forward CPI shall be applied
in subsequent years to bring the CPI adjustment up to 2 1/2 percent in
years when the Contractor requests a CPI adjustment or the City
requests a reduction pursuant to paragraph 5.8. Any Carried Forward
CPI remaining at the expiration of the current four -year term
(February 28, 2015) shall be forfeited by Contractor. Moreover, the
CPI adjustment shall not be applied to Disposal Costs. Disposal
Costs shall be one hundred percent pass through cost and shall be
adjusted accordingly only upon changes in land fill tipping fees. If
CPII and CPI2 are not expressed in relation to the same base period
or if a material change is made in the method of establishing CPI, the
City and the Contractor shall make an appropriate statistical
adjustment or conversion. If the CPI is discontinued, the City and the
Contractor shall mutually select another index published by the
United States Government or by a reputable publisher of financial and
economic indices.
Addendum to Solid Waste Agreement
City of Winter Springs / Waste Pro of Florida, Inc.
Page 2 of 4
4.0 Exclusive Right to Provide Rolloff Containers. Paragraph 4.7A. of the Agreement is
hereby amended as follows (underlined type indicates additional language; strikethrotagh type
indicates deleted language):
Exclusive Right. Contractor shall provide and have the exclusive
right to provide collection and disposal services for construction and
demolition debris utilizing rolloff containers for non - residential
customers, as that the term "rolloff container" is defined in paragraph
2.36 of this Agreement, or other appropriate containers.
Notwithstanding, Contractor shall have the right to compete in the
market place for residential customers utilizing rolloff containers.
5.0 Franchise Costs. Pursuant to paragraph 29.0 of the Agreement, the contractor agrees that
the renewal franchise costs incurred by the City are $ 1,237.50 . Said costs shall be paid
to the City within thirty (30) days of this Addendum being executed by the parties.
6.0 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 Addendum to be executed and attested
to by their respective authorized officials.
ATTEST: CITY OF WINTER SPRINGS, FLORIDA:
1 �
By:
Anx��nzo- Luaces, City Clerk a rles L cey, ayor
Date: Ai /� 40.lG
Addendum to Solid Waste Agreement
City of Winter Springs / Waste Pro of Florida, Inc.
Page 3 of 4
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CORPORATE SEAL I • CONTRACTOR:
WASTE PRO OF FLORIDA, INC.
I� SS: By Ofr U
7 4J( .
f rintName/Title: Qckei, kip. jpC,A Print Name/Title: T, P' 1)(71. Q4p
Date: t y l f 3) 10
Addendum to Solid Waste Agreement
City of Winter Springs / Waste Pro of Florida, Inc.
Page 4 of 4