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ORDINANCE NO. 20-2184
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
EXTENDING THE WASTE PRO OF FLORIDA, INC.
RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES
CONTRACT AND FRANCHISE TO SEPTEMBER 30, 2025; APPROVING
AN AMENDMENT TO SAID CONTRACT REGARDING BILLING AND
PAYMENT SERVICES; PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, Section 10 of the Solid Waste and Recycling Collection Services Contract, as
amended ("Contract") between the City of Longwood and Waste Pro of Florida,Inc.provides for
a process for the City to consider contract extensions upon request; and
WHEREAS, Waste Pro of Horida,Inc.has requested an extension of the Contract to September
30,2025; and
WHEREAS, the City and Waste Pro of Florida, Inc. desire to amend Section 3.2 Payment
to Contractor of the Contract to amend language related to the payment being the sum of money
based upon monthly collections less the administrative fees by the city; and
WHEREAS, the City desires to grant the Contract and franchise extension set forth in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD,FLORIDA,AS FOLLOWS:
SECTION 1. EXTENSION. The Waste Pro of Florida, Inc. franchise for residential solid
waste and recycling collection services pursuant to the terms and conditions of the Solid Waste
and Recycling Collection Services Contract between the City of Longwood and Waste Pro of
Florida, Inc. as amended by the Amendment approved by Section 2 of this Ordinance is hereby
extended to September 30, 2025.
SECTION 2. CONTRACT AMENDMENT. The City Commission hereby approves the
amendment to Section 3.2 of the Solid Waste and Recycling Collection Services Contract between
the City of Longwood and Waste Pro of Florida, Inc. as set forth in Exhibit "A" attached hereto
("Amendment"). The Amendment will be effective on October 1, 2020. The Mayor and the City
Clerk are hereby authorized to execute the Amendment on the City's behalf. Waste Pro of
Florida, Inc. shall execute this Amendment as a condition of the franchise extension set forth in
Section 1 of this Ordinance. All other terms and conditions of the Solid Waste and Recycling
Collection Services Contract shall remain the same.
SECTION 3. CONFLICTS. This Ordinance shall control in the event of a conflict with
any other ordinance or resolution of the City.
Ordinance No.2184
Page 1 of 5
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 upon its adoption.
FIRST READING:THIS 3rd DAY OF August, A.D., 2020.
SECOND READING: THIS_DAY OF , A.D., 2020.
PASSED AND ADOPTED THIS_ DAY OF ,A.D., 2020
City of Longwood, Florida
Matt Morgan, Mayor
ATTEST:
Michelle Longo, CMC, FCRM, City Clerk
Approved as to form and legality for the use and reliance of
the City of Longwood, Florida, only:
Daniel W. Langley, City Attorney
Ordinance No.2184
Page 2 of 5
EXHIBIT"A"
AMENDMENT TO CITY OF LONGWOOD AND WASTE PRO CONTRACT FOR SOLID WASTE
AND RECYCLING COLLECTION SERVICES
THIS AMENDMENT TO CONTRACT FOR SOLID WASTE AND RECYCLING COLLECTION
SERVICES ("Amendment") entered into and made as of the 1st day of October 2020 ("Effective
Date"), by and between the CITY OF LONGWOOD, a Florida municipal corporation (the "CITY")
and WASTE PRO OF FLORIDA, INC., a Florida profit corporation ("CONTRACTOR").
WHEREAS, the CITY and CONTRACTOR entered into that certain Solid Waste and
Recycling Collection Services Contract dated October 1, 2003 (the "Contract"); and
WHEREAS, the CONTRACTOR desires to amend Section 3 Billing and Payment Services
specifically the provisions of the Contract set forth in Section 3.2 to clarify the payment provisions
and the CITY's consideration for approval of the same; and
WHEREAS, the modification of Section 3.2 of the Contract set forth herein does not
obligate the CITY to pay CONTRACTOR for any past services based upon the modified language,
thus the CITY does not owe the CONTRACTOR any money for services performed prior to October
1, 2020 based on the difference between the number of homes serviced versus monthly
collections.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained,the CITY and CONTRACTOR agree as follows:
1. AMENDMENT TO SECTION 3. Upon the Effective Date of this Amendment,
Section 3.2 of the Contract shall be replaced with the following language:
"SECTION 3.2: PAYMENT TO CONTRACTOR."
This CITY will pay the CONTRACTOR for residential collection services in accordance with
the rates in Exhibit#C,and as may subsequently be amended pursuant to this Contract. The CITY
will remit payment to the CONTRACTOR,on or before the 15th day of each month, beginning with
the 15th day of the first month subsequent to the initiation date of this contract, the sum based
upon the number of homes within the CITY's jurisdiction serviced by CONTRACTOR multiplied by
the monthly rate for service for the previous month less the administrative fees.
This Section does not prohibit the CITY from terminating this Contract earlier as provided for in
other sections of this Contract."
2. EFFECT. Except as amended herein,the Contract shall remain unmodified and in
full force and effect. This Amendment shall become effective on October 1, 2020 after its
execution by the parties and the City Commission's approval of the same.
Ordinance No.2184
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IN WITNESS WHEREOF, the Owner and City have executed this Agreement as of the day
and year first above written.
Witnesses WASTE PRO OF FLORIDA, INC.
By:
Name: John J.Jennings, President
Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 20_ by
who is personally known to me or produced his/her
as identification and who did/did not take an
oath.
SEAL: Notary Public
My Commission Expires:
CITY OF LONGWOOD,A FLORIDA
MUNICIPAL CORPORATION
By:
Matt Morgan, Mayor
By:
Michelle Longo, CMC, FCRM, City Clerk
Date:
Ordinance No.2184
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Approved as to form:
Daniel W. Langley, City Attorney
Ordinance No.2184
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