2369 Third Amendment to contract with COS & Waste Pro of FloridaVA),
PUBLIC WORKS & UTILITIES
111A I'll
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From Date
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THIRD AMENDMENT AND EXTENSION TO RESIDENTIAL AND COMMERCIAL
SOLID WASTE AND RECYCLABLE MATERIALS, AND RELATED MATERIALS,
COLLECTION, TRANSPORT, AND DISPOSAL SERVICES FRANCHISE
AGREEMENT BETWEEN THE CITY OF SANFORD AND WASTE PRO OF FLORIDA,
INC.
THIS THIRD EXTENSION AND AMENDMENT (hereinafter referred to as the "Third
Extension and Amendment") is to the `Residential And Commercial Solid Waste And
Recyclable Materials, And Related Materials, Collection, Transport, And Disposal Services
Franchise Agreement" (hereinafter referred to as the "Franchise Agreement"), as previously
amended and extended, is between the City of Sanford (hereinafter referred to as the
"City"), whose address is City Hall, 300 North Park Avenue, Sanford, Florida 32771, and
Waste Pro Of Florida, Inc., (hereinafter referred to as "Waste Pro"), whose address is 2101
West State Road 434, Third Floor, Longwood, Florida 32779, which Franchise Agreement
is dated February 26, 2007, and which Franchise Agreement was twice previously
amended and extended, is made and entered into by the parties who were the parties to
the Franchise Agreement and its amendment and extension thereto.
RECITALS:
WHEREAS, Waste Pro and the City entered into the Franchise Agreement for the
past 14 years which Franchise Agreement was renewed, amended and extended on two
occasions and is now set to expire on May 31, 2022; and
WHEREAS, the Franchise Agreement, as amended, allows for up to 4 renewals of
up to 4 years upon agreement by the parties and the City and Waste Pro have engaged in
negotiations and have reached agreement for another amendment and extension for an
additional term of 4 years which will provide a stable and a mutually beneficial contractual
agreement for both the City and Waste Pro; and
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WHEREAS, Section 16 of the Franchise Agreement, as amended, provides that
amendments to the Franchise Agreement, as amended, may on be made by formal written
amendment to the Agreement; and
WHEREAS, the parties are desirous of further extending and further amending the
Franchise Agreement, as amended, to provide for the continuation of high quality solid
waste and related services to the City by Waste Pro.
NOW, THEREFORE, in consideration of the mutual covenants and agreement
herein made and other good and valuable consideration, the receipt and sufficiency of
which is acknowledged, Waste Pro and City agree as follows:
SECTION 1. Incorporation of Recitals. The above recitals (whereas
clauses) are true and correct and are incorporated herein by reference.
SECTION 2. Extension of Term of Agreement. The provisions of Section 3 of
the Franchise Agreement, as amended, are further amended to read such that the
Franchise Agreement, as amended, shall terminate on May 31, 2026.
SECTION 3. Amendments to Agreement. The following provisions of the
Franchise Agreement, as amended, and hereby amended and agreed upon:
(a). All rates for service will not change until July 1, 2023, at which time the rate
may be adjusted in accordance with the consumer price indexing provisions of the
Franchise Agreement, as amended.
(b). The Consumer Price Index for All Urban Consumers (CPI -U) to the industry
specific Series Title: Garbage and Trash Collection shall be controlling.
(c). The maximum annual CPI -U modification shall be 4%.
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(d). The Community Clean Up Day schedule shall be modified as determined and
directed by the City.
SECTION 4. Additional Provisions. The City and Waste Pro agree to work
together to comply with and implement the requirements of all applicable Florida Statutes
that related to Solid Waste Collection and Disposal including those of CS/HB 73 Effective
July 1, 2020.
SECTION 5. Effect of Extension and Amendment. This Third Extension and
Amendment shall take effect upon full execution hereof by the City and Waste Pro. Except
as specifically stated herein in this Third Extension and Amendment, all terms and
conditions of the Franchise Agreement, as amended, shall remain in full force and effect as
originally set forth in said Franchise Agreement, as amended. All other terms and
conditions of the Franchise Agreement, as amended, shall apply to the services provided
hereunder and the Franchise Agreement, as amended, and this Third Extension and
Amendment shall be read in harmony and in pari materia.
SIGNATURE PAGE FOLLOWS:
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IN WITNESS WHEREOF, Waste Pro and the City have caused these presents to be
executed in manner and form sufficient to bind them as of the day and year first above
written.
Attest.,
C111 -
Cort Sabina
Chief Financial Officer and
Executive Vice President
can Mich Je mgs
CEO, President/Secretary
Attest:
Waste Pro Of Florida, Inc.
JohK'j. JjaKn,ifiQ-s
Date:
City of Sanford, Flori
By: &JOJ 44010" WcrNtk By:_
Traci R. Houchin, MMC, FCRM Art We
City Clerk Mayor
For the use and reliance of City of Sa
only. Approved as to form.
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