22-3297 Amendment No. 2 to Franchise 2 - GFL Solid Waste Southeast, LLC

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RESOLUTION 22-3297 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE SERVICES WITH GFL SOLID WASTE SOUTHEAST, LLC FOR FRANCHISE 2 (OPEN -TOP ROLL -OFF CONTAINERS FOR NON- PUTRESCIBLE SOLID WASTE); PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, via Ordinance 20-1534, the City of Casselberry transitioned to an exclusive franchise system for commercial solid waste services; and WHEREAS, on June 9, 2020, the City posted the solicitation RFP -2020-0636 Commercial Solid Waste Services in order to solicit proposals for the exclusive franchise system; and WHEREAS, on August 24, 2020, the City prepared and WCA of Florida, LLC (WCA) executed an exclusive Agreement to provide commercial solid waste services under Franchise 2 (Open -Top Roll -Off Containers for Non-Putrescible Solid Waste); and WHEREAS, on February 8, 2022, WCA submitted and the City approved Amendment No. 1 that provided for a name change to GFL Solid Waste Southeast, LLC (GFL); and WHEREAS, under the City's current terms with GFL (per Section 11.00 (b) in the agreement), GFL is required to haul commercial solid waste to either the Seminole County transfer station or landfill; and WHEREAS, effective March 1, 2022, commercial solid waste will no longer be accepted at the central transfer station but instead solely at the County landfill; and WHEREAS, this will place a significantly increased operational burden on GFL; and WHEREAS, GFL submitted Amendment No. 2, to amend section 11.00 (b) of the agreement to state that use of the County landfill and central transfer station are preferred but that other locations may be allowed following approval of the Public Works Director; and WHEREAS, City staff has reviewed proposed Amendment No. 2 to the Agreement with GFL Solid Waste Southeast, LLC for Franchise 2 (Open -Top Roll -Off Containers for Non- Putrescible Solid Waste) and finds it favorable to meet the needs of the City: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: