22-3333 Authorizing Exclusive Franchise Agreement for Commercial Solid Waste Services for Franchise 2

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RESOLUTION 22-3333 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO.3 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, on March 14, 2022, the City approved Amendment No. 2 to allow flexibility in disposal sites; and WHEREAS, under the City's current terms with GFL, the annual adjustment due to inflation is capped at a maximum of 3.0%, and there is no separate adjustment related specifically to fuel cost; and WHEREAS, market conditions have resulted in unprecedented fuel price increases during the past twelve months; and WHEREAS, GFL has requested consideration of a one-time 5% increase to its commercial rates to partially offset operational cost impacts due to fuel price increases; and WHEREAS, the proposed Amendment No. 3 to the Agreement with GFL Solid Waste Southeast, LLC for Franchise 2 provides for the requested one time increase in rates of 5%, said rates to be effective October 1, 2022; and WHEREAS, City staff has reviewed proposed Amendment No. 3 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 acceptable to meet the needs of the City.