City Commission

CITY COMMISSION REGULAR MEETING AGENDA MONDAY, OCTOBER 13, 2025 - 6:30 PM CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA 1

CALL TO ORDER Roll Call Invocation Pledge of Allegiance Agenda Changes AWARDS AND PRESENTATIONS 100. Waste Pro Annual Performance Review Waste Pro of Florida Solid Waste Agreement 2006 03 01.pdf Winter Springs 2025 WastePro Survey Report.pdf 2025 Winter Springs .pdf INFORMATIONAL AGENDA 200. Not Used PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. CONSENT AGENDA 300. Surplus Assets Surplus Assets 10.13.25.pdf 301. Police Vehicle Purchase Estimate_1158_from_Lights_N_More_Installations_LLC (003) FY 26 Quote.pdf City of Winter Springs Contract Lights N More.pdf Alan Jay Fleet Sales Quote_001.pdf National Auto Fleet 032824-NAF - Price Information.pdf National Auto Fleet Contract 032824.pdf National Auto Fleet 091521-NAF Pricing - new.pdf 00003514__National Auto Fleet Contract Extension.pdf National Auto Fleet Contract 091521.pdf FY 26 Alan Jay Vehicle Quote.pdf National Auto Fleet Build MSRP Price.pdf 2026 SOURCEWELL 091521-NAF 032824-NAF PRICE SCHEDULEv4 Alan Jay Sales.pdf 302. Purchase of the MVB3X Modular Vehicle Barrier System with Storage Solution AST - Sole Source Letter Winter Springs.pdf 303. Resolution No. 2025-08 Updating the Parks & Recreation Fee Schedule and Establishing a Veterans Banner Program 2

Resolution 2025-08: Establishing Veteran Banner Program and Amending Fee Schedule.pdf Veterans Banner (17 x 36 in).png 304. Proposed 2026 Meeting and Holiday Calendar 2026 Calendar for Meetings and Holidays - PROPOSED.pdf 305. Approval of the Minutes: Monday, September 8, 2025 City Commission Regular Meeting 2025 09 08 City Commission Regular Meeting Minutes.pdf 306. Approval of the Minutes: Tuesday, September 9, 2025 City Commission Special Meeting 2025 09 09 City Commission Special Meeting Minutes.pdf 307. Approval of the Minutes: Monday, September 22, 2025 City Commission Regular Meeting 2025 09 22 City Commission Regular Meeting Minutes.pdf PUBLIC HEARINGS AGENDA Pursuant to F.S. § 286.0115, if the mayor or any city commissioner receives and/or sends ex parte communications regarding any application filed with the city, the mayor or any city commissioner must publicly disclose such communications before or during the hearing at which a vote is taken on the quasi-judicial matter, so that persons who have opinions contrary to those expressed in the ex parte communications are given a reasonable opportunity to refute or respond to the communications. 400. Wawa at Winter Springs Marketplace, SR 434 and Tuskawilla Road – Conditional Use Application, Site Plan/Final Engineering, Aesthetic Review, Waivers, and Development Agreement. Wawa Staff Report CC 10.13.2025.pdf 2ndModification_WinterSpringsMarketplaceDevelopmentAgreement_Wawa_CC 10-8- 25.pdf 400 - Presentation Wawa- CC 10.13.2025.pdf Applicant Presentation: Winter Springs Marketplace_Wawa_City Council Meeting_10- 13-25.pdf Fig 1 Community Workshop Flyer.pdf Fig 2 Community Workshop SignIn.pdf Fig 3 Preliminary Requirments.PDF Fig 4 Preliminary Requirements - Applicant Response.pdf Fig 5 Revised C0.0 & C4.0 Civil Site Plan 09.02.2025.pdf Fig 6 Wawa Civil Site Plan 08.28.2025.pdf Fig 7 Landscape Plan 07.29.2025.pdf Fig 8 Master Sign Plan.pdf Fig 9 Traffic Impact Analysis Review.PDF Fig 10 Parking Analysis.pdf Fig 11 Elevations Building.pdf Fig 12 Proposed Building-Canopy Renderings.pdf 3

Fig 13 Setback Waiver Justification.PDF Fig 14 Monument Sign Waiv Justi.pdf Fig 15 Streetscape Waiver Justi.pdf Fig 16 Conditional Use Justific.PDF Fig 17 Site Plan Review App.pdf Fig 18 Aesthetic Review App.PDF Fig 19 Dev Agreement App.PDF Fig 20 Monument Sign Waiv App.pdf Fig 21 Setback Waiver App.PDF Fig 22 Conditional Use App.PDF Fig 23 Drainage Report.pdf Fig 24 Potable Water Analysis.pdf Fig 25 Listed Wildlife Species Survey.pdf Fig 26 Streetscape Waiver App.pdf Fig 27 Preliminary Geotechnical Engineering Report.pdf Fig 28 Wawa Winter Springs TIA.pdf Fig 29 Wawa Economic Fiscal Impact.pdf 401. Winter Springs Marketplace Additional Parking – Site/Final Engineering and Development Agreement. WSMP Parking Staff Report CC 10.13.pdf 3rdModification_WinterSpringsMarketplaceDevelopmentAgreement_AdditionalParking_10- 7-25.pdf FEDP-2025-0017 - CW Flyer.pdf FEDP-2025-0017 - CW Sign-In Sheet.pdf FEDP-2025-0017 - WSMP Add'l Parking Site Plan.pdf FEDP-2025-0017 - Parking Study.pdf FEDP-2025-0017 - Eco Report.pdf FEDP-2025-0017 - Geotechnical Report.pdf DVAG-2025-0011 v3.pdf FEDP-2025-0017 - Application.pdf DVAG-2025-0011 - Application.PDF Staff Presentation: WSMP Add'l Parking 10.13.25.pdf REGULAR AGENDA 500. Electric Vehicle Charging Discussion 501. Consideration of Presenting Charles Lacey with a Key to the City 502. Matters Related to Boards and Committees 503. New Business 4

REPORTS 600. City Manager Kevin A. Sweet 601. City Attorney Anthony A. Garganese 602. City Clerk Christian Gowan 603. Seat Four Commissioner/Deputy Mayor Cade Resnick 604. Seat Five Commissioner Mark Caruso 605. Mayor Kevin McCann 606. Seat One Commissioner Paul Diaz 607. Seat Two Commissioner Victoria Bruce 608. Seat Three Commissioner Sarah Baker PUBLIC INPUT Anyone who wishes to speak during Public Input on any Agenda Item or subject matter will need to fill out a “Public Input” form. Individuals will limit their comments to three (3) minutes, and representatives of groups or homeowners' associations shall limit their comments to five (5) minutes, unless otherwise determined by the City Commission. ADJOURNMENT PUBLIC NOTICE This is a Public Meeting, and the public is invited to attend and this Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. 5

AWARDS AND PRESENTATIONS ITEM 100 CITY COMMISSION AGENDA | OCTOBER 13, 2025 REGULAR MEETING TITLE Waste Pro Annual Performance Review SUMMARY In accordance with Section 35 of the City' s Solid Waste Agreement with Waste Pro of Florida, Inc., the City initiated the attached "City of Winter Springs Customer Satisfaction with Waste Management Services" to determine a customer satisfaction rating for solid waste collection services provided by Waste Pro of Florida, Inc. As in previous years, the survey was conducted by the University of Central Florida's Institute for Social and Behavioral Sciences. The survey questionnaire (Appendix A) was approved by the City and Waste Pro staff. Data collection for the questionnaire was coded into an online surveying platform, Qualtrics. To facilitate distribution of the survey online, customer email addresses were provided by the City of Winter Springs and an email was sent to residents with a link to the survey. The survey allowed for responses to be received from June 16, 2025 to June 25, 2025. According to the survey results, of the 500 Waste Pro customers who submitted a survey, 496 customers responded to the following question: “As you probably know, solid waste in Winter Springs is picked up by a private contractor, Waste Pro. All in all, are you satisfied or unsatisfied with the trash collection services you receive at your place of residence?” The results show that customer satisfaction with Waste Pro was 90.7% which exceeds the 90% satisfaction rating required for an annual performance bonus. City staff has reviewed the submitted, additional comments and forwarded to Waste Pro as appropriate for processing with their customer service team. Per Agreement Section 35.0 the contractor is entitled to the performance bonus when they receive a customer satisfaction rating of 90% or greater. FUNDING SOURCE This bonus is funded from the Solid Waste Fund. The Bonus amount of $15,000 has been reduced by $1,982 to cover half of the cost of the survey. RECOMMENDATION 6

Staff recommends City Commission to review the attached survey results and presentation from Waste Pro. 7

SOLID WASTE AGREEMENT THIS AGREEMENT made and entered into this 1st day of March, 2006, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, located at 1126 E. State Road 434, Winter Springs, Florida 32708 (hereinafter "City") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 West SR 434, Suite 301, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESS ETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and demolition debris from residents, businesses, and other entities within the municipal boundaries of the City of Winter Springs; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, it appears to be in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials upon the terms and conditions more particularly described herein. 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 reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning set forth in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human- disease-causing agents; used or contaminated disposable sharps (e.g. hypodermic Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 1 of51 8

needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department o f Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that cause or has the capability o f causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded bicycles, household goods, and furniture. Bulk trash shall not include white goods and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City o f Winter Springs, a Florida Municipal Corporation located in Seminole County, Florida, acting through its City Commission or Authorized Representative. 2.6 City Commission: Shall mean the City Commission o f the City of Winter Springs, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Winter Springs, Florida. 2.8 Collection and Disposal Service : Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection and Disposal Equipment: Shall mean any vehicle and equipment that are used by Contractor to perform the collection and disposal service required by this Agreement including, but not limited to, all vehicles, mechanical containers, mechanical carts, and all other equipment. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal service required by this Agreement. 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 2 of 51 9

2.12 Commercial Service: Shall herein refer to the collection and disposal service provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments. 2.13 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, paper or cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation o f stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.14 Complaint: Shall mean verbal or written indication from a customer or the Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.15 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(27), Florida Administrative Code, which at the effective date o f this Agreement means: Discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction o f a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Further, except as provided in Section 403.707(12)(j), Florida Statutes, this term shall also include unpainted, non-treated wood scraps from facilities manufacturing materials used for construction o f structures or their components and unpainted, non-treated wood pallets provided the wood scraps or pallets are separated from other solid waste where generated and the generator o f such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling o fwood scraps or pallets with other solid waste; and de minimis amounts o f other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices o f the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.16 Contract or Agreement: Shall mean this Contract, and any amendments and renewals from time to time, executed by the City and the Contractor for the performance of the collection and disposal services described herein. Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 3 of 51 10

2.17 Contractor or Franchisee : Shall mean Waste Pro of Florida, Inc., a Florida Corporation, and its directors, officers, employees, agents, contractors, and assigns. 2.18 CPI: Shall mean the Consumer Price Index (1982-84=100) for the U.S. City average - all items - all urban customers - published by the United States Department of Labor, Department of Labor Statistics. 2.19 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.20 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.21 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal o f waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.22 Dispute: Shall mean a disagreement between Contractor and City concerning a question o f fact, interpretation o f this Agreement, Contractor's compliance and performance with the terms and conditions o f this Agreement, and Contractor's level o f service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.23 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, contract or otherwise, which authorizes collection and disposal services within the service area. All Franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege o f transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.24 Garbage: Shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling o f food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.25 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 4 of51 11

2.26 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, do- it-yourself home improvements, and home occupations (as defined by City Code). 2.27 Mechanical Cart: Shall mean a plastic a sixty-four (64) or ninety (96) gallon toter cart with wheels dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.28 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater dumped mechanically by a collection vehicle and able to be serviced by Contractor including, but not limited to, dumpsters, front load and compaction type containers. However, Mechanical container does not include mechanical carts. 2.29 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels, and any mobile home park, which, at the sole discretion of the City, receives a dumpster or roll off service rather than curbside individual services. 2.30 Performance and Payment Bond or Letter of Credit : Shall mean the form o f security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.31 Recyclable Materials: Shall mean newspapers (including inserts), magazines, mixed office paper, aluminum cans, steel cans, tin cans, plastic containers (coded 1, 2 or 3),cereaVsnack boxes without wax paper lining, junk mail, amber, clear and green glass bottles and jars, and other solid waste materials added upon written Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. Recyclable materials shall not include containers that previously held toxic material, cardboard boxes that have not been flattened and stacked under the recycle bin, and plastic grocery bags. 2.32 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.33 Recycling Container: Shall mean a fourteen (14) gallon recycling bin used by residential customers and one or more forty-five (45), sixty (60) or ninety (90) gallon Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 5 of 51 12

recycling center bins for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.34 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.35 Refuse Container: Shall mean a plastic or galvanized metal can, o f a type which is commonly sold as a garbage can, which does not exceed ninety-five (95) gallon capacity or fifty (50) pounds in weight when full. Each such can shall have two (2) handles upon the sides o f the can or a bail by which it may be lifted by a person and shall have a tight fitting top and shall also mean disposal plastic or paper bags (with or without sack holders and not less than 1 mm thick) of a type which is acceptable to be used for refuse storage and disposal. 2.36 Rolloff Container: Shall mean a dumpster which is used for the collection and disposal of construction and demolition debris or solid waste. The rolloff container may be of the open or enclosed variety and is typically hoisted onto a specifically equipped truck for transporting the construction and demolition debris or solid waste to a designated facility. 2.37 Residential: Shall mean single family detached homes, duplexes and multifamily dwelling units and mobile home parks with curbside individual service. 2.38 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units who are not receiving commercial service under this Agreement. 2.39 Service Area: Shall mean the area within the municipal boundaries o f the City o f Winter Springs, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. 2.40 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.41 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, recyclable materials, and white goods or any combination thereof. 2.42 Special Waste : Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility or other disposal facility or which are accepted at the designated facility or other disposal facility at higher rates than is charged for refuse, including, but not limited Solid Waste Agreement · City of Winter Springs / Waste Pro of Florida, Inc. Page 6 of 51 13

to, asbestos, whole tires which do not constitute household trash, used oil, lead-acid batteries, and biohazardous wastes. 2.43 Transfer means the disposal by this Agreement, directly or indirectly, by gift, assig n m ent, voluntary sale, merger, consolidation or otherwise, o f twenty-five percent (25%) or more at one time o f the ownership or controlling interest of Contractor, or fifty percent ( 50%) cumulatively over the term o f the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignmentto a person controlling, controlled by, or under the same common control as the Contractor at the effective date o f this Agreement. Moreover, Transfer shall not mean a public offering issuance which either changes the Contractor status from a privately held corporation to that of a publicly held corporation or which is intended to provide additional capitalization for the Contractor, provided the public offering does not result in a change in Contractor's management personnel. 2.44 Vegetative Waste: Shall mean any and all vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Vegetative waste shall include any identified excess piles considered collectible only by means of a "cherry Picker" type collection vehicle. 2.45 White Goods: Shall mean any non-vegetative item which cannot be containerized, bagged, or bundled such as inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, and other similar appliances. White goods shall not include bulk trash and shall not be commingled with vegetative waste or bulk trash. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal solid waste and construction and demolition debris within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of- way and to protect the public health, safety, and welfare as shall, at the sole discretion of the City, be in the public's interest. The grant o f this franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive franchise with respect to the collection and disposal service at issue. Nothing Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 7 of51 14

under this Agreement shall be construed as providing any franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this franchise to provide for the exclusive collection and disposal service of solid waste and construction and demolition debris within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal service under the following terms and conditions, all o f which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation, subject to Contractor's ability to petition the City Commission for a rate adjustment pursuant to paragraph 5.6 of this Agreement. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, trucks, and other tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge o f all existing utilities and it shall operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing o f solid waste. In the event o f any spillage caused by Contractor, Contractor shall immediately clean up all spillage at its expense. In order to be the first responder to spillage incidents, Contractor shall maintain a certified spill cleanup kit, acceptable to the City, on each and every vehicle servicing the City including the vehicles used by supervisors. Such kit shall include at a minimum a pitch fork, broom, absorbent pads, , and shovel to pick up and contain spillage. In Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 8 of 51 15

addition, Contractor shall immediately clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a desig n ated facility as directed in writing by the Authorized Representative and disposed o f at those facilities. At present such designated facility includes the Seminole County disposal facility for class I & class III waste and any licensed construction and demolition debris facility for construction and demolition debris, provided the GEL facility in Volusia County shall be used as the basis for determining the cost to dispose of construction & demolition debris. F. Holidays. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal service on holidays observed by the City, except Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas, and New Years Day. Any disposal and collection service that would have been regularly provided, but were not provided at the direction o f the Authorized Representative, shall be provided the next regularly scheduled pick-up day after the holiday. Contractor shall inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractor's acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. pitch fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall immediately notify the customer, in writing, of Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 9 of 51 16

such conditions and its inability to provide such collection and disposal services. I. Hours and Days . Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on holidays designated in paragraph 4.1 (F) or on Sundays unless Sunday pickup is authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, or pile or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed o f and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account o f all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing o f customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City o f any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Handling of Freon White Goods/Solid Waste. Contractor shall be responsible for properly disposing of all white goods and solid waste that contain freon in accordance with law. 4.2 Residential Service. Contractor shall provide residential collection and disposal service to residential customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. All collection route Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 10 of 51 17

cycles shall be subject to the prior written approval o f the Authorized Representative. Special pick-ups, including pick-ups of white goods, shall be provided on an "as needed basis" and shall be allowed on any day, except Sundays. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representative shall designate the location. The Contractor and Authorized Representative shall mutually agree upon point o f collection locations for non-conforming service areas. For customers that are need o f special assistance (e.g., certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb), the Authorized Representative, at his discretion, shall establish, and notify the Contractor of, special handling instructions for the benefit of the customer. Such special handling instructions may include collection from the customer's garage door or some other location acceptable to the customer. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container or mechanical cart. If mechanical carts are used, Contractor shall be required to provide an adequate number o f mechanical carts at Contractor's expense. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths o f no greater than five (5) feet in length and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. Additionally, vegetative waste shall be properly prepared and stored in refuse containers, specialized vegetative trash bags approved by the designated facility, or placed in orderly piles. A special pickup will be required when a "Cherry Picker" type collection vehicle is required to collect excess piles o f vegetative waste in excess of the maximum length and poundage set forth in this paragraph. If an Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 11 of 51 18

excess pile exists, the Contractor's route driver shall identify the excess pile and immediately notify his supervisor of the date the pile is identified and the location and size of the pile. The supervisor shall then immediately provide said information to the Authorized Representative. Within three (3) business days, the Contractor shall collect and dispose o f the excess pile regardless o f the diameter and weight o f the vegetative waste. 4. Bulk Trash and White Goods . Contractor shall be required to provide collection and disposal services for all bulk trash and white goods generated from residential customers regardless of whether they are containerized. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service to commercial customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least one ( 1) time per week for customers that generate dry waste, at least two (2) times per week for customers that generate putrescible waste (e.g. restaurants), and more frequently as mutually agreed to by Contractor and the commercial customer and/or required by the City. Vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) shall be picked up not less than once per week or more frequently as required by the City. Special pick-ups, including pick-ups o f white goods, shall be provided on an "as needed basis" and shall be allowed on any day, except Sundays. B. Point of Collection. Collection o f commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. I fmutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 12 of51 19

garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical cart, mechanical container, rolloff container, or compactor under the following conditions: a. Upon approval o f the City, Customers shall be permitted to use refuse containers provided the amount o f commercial trash and garbage per collection can be stored in a maximum of four (4) refuse containers or two (2) mechanical carts; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, or rolloff containers. b. Contractor shall be required to provide an adequate number o f mechanical containers, mechanical carts, compactors, or rolloff containers to customers. Mechanical containers, mechanical carts, and rolloff containers shall be provided at Contractor's sole expense and shall remain the property o f Contractor, unless the mechanical container, mechanical carts, or rolloff container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer and City. 2. Recyclable Materials. Contractor may provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by City. I frequested, recyclable materials shall be properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from commercial customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless o f how it is containerized and prepared. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service to multiple dwelling unit customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash and recyclable Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 13 of 51 20

materials not less than once per week. All collection route cycles shall be subject to the prior written approval o f the Authorized Representative. Pick- ups, including pick-ups of white goods, shall be provided on an "as needed basis" and allowed on any day, except Sundays. B. Point of Collection. Collection o f household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part o f a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage . Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been prepared and stored in a refuse container, mechanical carts, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use individual refuse containers or mechanical carts for each dwelling unit only upon City approval, otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number o f refuse containers or mechanical carts. Mechanical containers and mechanical carts (if authorized by the City) shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 14 of51 21

from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from multiple dwelling unit customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) o f this Agreement. If required by City, vegetative waste shall be collected and disposed o f regardless of how it is containerized and prepared. 4. Bulk Trash and White Goods. Contractor shall be required to provide collection and disposal services for bulk trash and white goods generated from multiple dwelling unit customers regardless ofwhether they are containerized. 4.5 City Controlled Property. As requested by the Authorized Representative, Contractor shall be required to provide collection and disposal services for all refuse, bulk trash, white goods, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. All collection route cycles shall be subject to the prior written approval of the Authorized Representative. Special pick-ups, including pick-ups of white goods, shall be provided on an "as needed basis" and shall be allowed on any day, except Sundays. B. Point of Collection. Collection ofrefuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 15 of 51 22

1. Refuse. Contractor shall be required to provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container, mechanical cart, or mechanical container as determined by the Authorized Representative. Contractor shall be required to provide all mechanical containers and mechanical carts at Contractor's expense. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. Notwithstanding, Contractor and City may mutually agree to some other method of preparation and storage for significant City projects which generate significant amounts o f vegetative waste. 4. Bulk Trash and White Goods. Contractor shall be required to provide collection and disposal services for all bulk trash and white goods generated by City regardless of whether they are containerized. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste . Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. 4. 7 Construction and Demolition Debris Service. Contractor shall provide collection and disposal service of construction and demolition debris to residential, multiple dwelling unit, and commercial customers as follows: A. Exclusive Right. Contractor shall provide and have the exclusive right to provide collection and disposal services for construction and demolition debris utilizing rolloff containers, as that term is defined in paragraph 2.36 of this Agreement, or other appropriate containers. B. Frequency of Collection. Contractorshallprovidecollection and disposal services for construction and demolition debris utilizing rolloff containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 16 of 51 23

provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; provided, collection shall be located within the boundary o f the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall be required to provide one or more rolloff containers or other appropriate containers o f a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request o f the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service o f solid waste and construction and demolition debris located on real property in violation of the City Code at no cost to the City, not to exceed ten (10) twenty (20) yard rolloff containers per year. 4.9 Automated Cart Program. At the City's request, Contractor shall be required to implement a residential automated Cart Program in accordance with terms and conditions mutually agreed to by the Contractor and the City. 4.10 Tire Collection. Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge, provided no more than four (4) tires per household per year. 4.11 Special Pickup Services. Customers can request that Contractor provide special handling and management o f solid waste not covered under the general pick-ups required by this Agreement, including special pickups for items such as asbestos, waste tires (which exceed the number allowed under paragraph 4.10), used oils, lead free batteries, construction and demolition debris, ash residue, and biological waste. All such requests shall be billed directly to the customer. For purposes of this paragraph, the term "special pickup" shall mean excessive waste debris residue generated by contractors, waste requiring special equipment to dispose of, vegetative waste not prepared in accordance with paragraph 4.2(3)(C) and requiring a "Cherry Picker" type truck to dispose of, and extraordinary volumes o f household items requiring more than fifteen minutes for residential crews to load. 5.0 Rates and Charges; Compensation to Contractor; Franchise Fee Billing. Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 17 of51 24

5 .1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, Contractor agrees that the rates shall be as set forth in a Rate Resolution adopted by the City Commission of Winter Springs. 5.2 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: "CPil" "CPI2" New Rate = [CPI2 - CPil] +1 x Current Rate CPil The published CPI for the month o f October o f the preceding year. 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 o f a given amount of money expressed in dollars. Under no circumstances shall the CPI adjustment exceed two and one-half (2 ½) percent in any given year. 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. lfCPil and CPI2 are not expressed in relation to the same base period or if a material change is made in the method o f 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. 5.3 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. 5.4 Billing and Payment Procedure. Unless otherwise provided by the Authorized Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: A. The City shall provide all Customer billing for residential collection and disposal services provided under this Agreement by adding a line item on the Solid Waste Agreement City of Winter Springs / Waste Pro of Florida, Inc. Page 18 of 51 25

City's monthly utility bill. Contractor shall, however, provide Customer billing when special rates and services apply, as approved by the City, and for commercial service. B. On a quarterly basis, the City shall provide to the Contractor an updated assessment roll or customer list setting forth the total number of, and address o f each, residential collection units to be served under this Ag r eement. In addition, the City shall provide Contractor with monthly notification of new residential certificates o f occupancy issued in the preceding month and City will pay Contractor for the new residences the next full month following notification. C. Contractor shall be paid by the City based on the number o f residential collection units on the assessment roll or customer list. Payment shall be made by the City no later than the 15th day of each month for collection and disposal services provided by Contractor during the preceding month. Payment shall also be made based on the fees that are collected by the City. The Franchise Fee charged in accordance with paragraph 5.5 herein shall be directly billed to the customer and collected by City. D. Should the City or Contractor discover that the City is erroneously paying for collection and disposal services to a non-existent residential collection unit, or alternatively, Contractor is providing such services to residential collection unit not listed on the most recent assessment roll or customer list, the discovering party shall immediately notify the other party. Upon verification by the other party that the omission is correct, the City's next payment to the Contractor shall be accordingly increased for each non-listed unit or decreased for each non-existent unit. E. Contractor shall direct bill all commercial customers and customers not billed by the City. The Contractor shall provide the City with a monthly report regarding the collection and disposal services provided to such customers. The report shall be in a form acceptable to the City and shall be delivered no later than the fifteenth (15th) of each month for the preceding month's services. The report shall include at a minimum the customer address, the collection and disposal services provided, and the amount paid by the customer for said services. Any amount of money collected by Contractor on behalf of the City shall be remitted to the City along with said report including, but not limited to any franchise fees authorized under this Agreement. 5.5 Franchise Fee. At the City Commission's sole and absolute discretion, the City reserves the unconditional right to charge Contractor, from time to time, a Franchise Solid Waste Agreement City of Winter Springs/ Waste Pro of Florida, Inc. Page 19 of51 26

Fee equal to an amount permitted by law. The Franchise Fee shall not be construed as a tax, but shall be considered a payment to the City in exchange for the rights and privileges granted by this Franchise. The Franchise Fee shall be passed along to the customer and remitted by customer directly to City pursuant to paragraph 5.4(C) or remitted by Contractor to the City pursuant to paragraph 5.4(E). At the effective date o f this Agreement, Contractor acknowledges and agrees to pay a Franchise Fee equal to ten (10%) percent of all Contractor's gross monthly billings related to all