Ordinance 07-1824 ~ ORDINANCE '~NO. 07-1824 ~ .
AN dF;DINANCE OF THE CITY OF LONGWOOD, '
FLORIDA, PROVIDING FOR T1'iE GRANTING OF ANON.- ,
EXCLi:(SIVE FRANCHISE TO MhTRO WASTE SERVICES
E`OR Z'HE ,COLLECTION OF COI~RCIAL SOLID WASTE,
TO IN[POSE CERTAIN TERMS, CONDITIONS AND ~ •
• REQLJI;REMENTS .RELATING ~THhRETO; PROVIDING
SEVEF:ABILITY, CONFLICTS i~ND AN EFFECTIVE
.DATE. -
BE IT ENP~C:TED BY THE CITY OF ~~ONGWOOD, .FLORIDA AS FOLLOWS':
SEGTI.ON ONCE : There is hereby granted to :
herein called the "Franchisee") its successors and assigns, a• Non-
Exclusive Righ., Privilege or.. Franchise to, collect_ solid waste
materials from: commercial establishments ~~w,ithiri the City of
Longwood, Seminole County, Florida, during the term, and subject to .
the following limitations and conditions as hereinafter set forth...
~ 1. Definitions. •
. a. "City"shall mean the City o.f Longwood, Florida, a
municipal'.corporation. ~ - -
• b. "'Franchisee" shall mean the individual, partnership
or corporation who/which agrees,!.as hereinafter p-rovided.to per.f,orm
the work or service,' or to furnish .material ar equipment, or .both
as set forth in. this franchise. - _ -
• c. "Recovered materials" means`.rnet:al, paper, glass,
plastic, textile, or -rubber mat~:er_~a1s that have known recycling
potential, c•a'n be feasibly recycled, 'and have been diver ed and
sourceseparated or have been renozred, from -the solid waste stream
for sale, use, or reuse ~a~s raw materials, whether or not. the
materials require subsequent processing or separation frorn.each
other, but does not 'include mater_i als dest~ine.d for any use that
constitutes disposal. Recovered' materia~ls_~as described above are,
not solid waste . ~ - ~ ~ - •
d. "Solid waste-managernent"••shall-rmean .the process by
which. solid waste is collected, transported, stored,• separated,.,
processed, or 'disposed- of• in an~i other way, according to an
orderly., purpo eful, and plan•n~ed grog--ram which includes closure ,and
long-term maintenance . - _
e. "Solid waste management facility"-shall mean a. solid
waste disposal area, volume reduces ion plant,. transfer t~tion,
materials recovery facility, or other facility, designated by the
City, the purpose of which. is resource.recovery or the disposal,
.recycling, processing, or storage ~f solid waste. The term does
not include recovered materials .processing fac.il.ities which meet
Ordinance No.. 07-1824
Page 1
the requirements of FS s. 403.7046(4) except the portion of l
facilities, if any, that is used for the management of [are
managing sic.] solid waste.
f, "Solid waste" shall mean sludge unregulated under
the federal clean water act or. clean air act, sludge..from a waste
treatment works", 'w"at,er supply treatment plant, or ,ai'r pollution
control facility.,; ~ or i.~nclude garbage, rubbish, ~_refuse, special
waste, or other discarded material,, including "solid, liquid,
semisolid, of contained. gaseous material resulting from domestic,
industrial, commercial, mining,. agricultural, br governmental
operations. Recovered materials as defined in FS s.403"..703(7) are
not solid waste . 'r'o ert or
g. "Commercial establishment" means a, p p Y
properties- zoned o.r use_d .for commercial or industrial uses, or used
by an entity exempt from taxation =under .s.. .501 (c.)..(3) -~of the
Internal Revenue Code, and excludes property or properties zoned or
used for single-family°'re5idential or multifamily residential uses.
h., "Construction and demolition debris" means materials
generally. considered ""to,,be riot water soluble and non-hazardous .in.
nature, including,' ,but not -limited to; steel glass, .:brick,
concrete, asphalt~roofing material-; 'pipe,.gypsum w.all"board., and
' ~ or"destr.uction of a structure as part
lumber.,-from'the construction'
of `a` cons'tru'ction- of~ - demolition project, and. , n~cludin.g rocks., ,
soils, tree remains, trees, and other vegetative matter wYiich
normally results from land clearing or land development. operations ~
fora constructori~project''including such debris from construction
of structures at a site remote from the construction or demolition
project site - • Mixing `of construction and demolition debris ,with
ot~Yier' =types 'of" ~sohd wa!s:t-e,~ inc tiding;-..material from a construction
of -demolition' site which. :is not f,r,om ;the actual- construction or
destruction of a structure, will cause. it, to, be classified, as"other"'
than construction ~ahd' demol~itiori -debr-is-. ~ " ortable nonabsorbent
' ~ i , `-"Con't:ainer"~ shal'1_.-me-a.n a"n p ~ .
enclo8~ed~ container with a alose.,fitting cover,, or doors, approved
by' the Hea1'th Department 'and the City, ~ which is- used to `stone large
volumes of refuse . ,I't.:~'. mu-sa_ . be c"apable . of being, Aserviced" by
mechanical equipment . ~ ~ , ; , _
= j , "Specia'l~ :Waste".-means solid wastes. that can' require
special handl~irig and- managemena:, :including, but not - limited "to,
gods, waste tires, used oil, Lead-acid "batteries,
white g -
constru'ct'ison-•~and~~demo.l:.t,on~~debr-ai,s,.~,a•sh ,residue, yard }trash, and
bi'ol~ogical wasues"." ~ .
~ - ~.k,: - ' "`Biomedical- wraste"- means; zany solid. waste or 1•iquid _
• wa's'te- which may'present a ~ t•h:reat _•of ,~i~nfection to humans . The germ
i, includes, but is not limited to, non-liquid~human_tissue ,and. body
parts; laboratory' and .veterinary waste. which. -contain human-disease-~
causing _ agents?; ~ dscar:ded disposable sharps; human blood,. and human
blood`"products and .body .fluids; and other materials which 'in the,
- - 4 _ _
' ~ - ~ - " ' `Ordinance -No . ~07-1824 ~ _
r,. ~ . ~ _ . . Page ~ 2 ~ -
,7 ,
opinion of the department of Health and Rehabi itative Services
represent a significant risk of. infection to persons outside the
generating facility. The term does not include human remains that
are disposed df by persons licerised under chapter 470.. ,
1. "Biomedical waste generator" means a facility or
person that produces or generates biomedical waste. The term
includes, but is not limited t`,o, hosp.itals, skilled nursing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis clinics, dental offices; health maintenance organizations,
surgical clinics, medical. buildings, physicians'. offices,
laboratories, veterinary clinics, and funera]_ homes.
m. "Biological waste" means solid waste that causes or
has the capability of causing disease or infection and includes,
but is not limited to, biomedical waste, diseased or dead animals,
and other wastes capable of transmitting pathogens to humans or
an_ma1s. The germ does not include human remains that are disposed.
of by persons :Licensed under Chapter 470. -
ri. "Materials recovery facility" means a. solid. waste
management facility that provid~ea for the extraction .from solid
waste of_recycl.able materials, materials suitable for use as a fuel
of soil amendrnE=_nt, or any combination of such materials .
o. "Recovered materials proces,si.ng facility" means a
facility engaged solely in the; storage, processing, resale, or
reuse of recovered materials: ~~Such~~a~ ~~facility is not a solid waste.
management facility if it meets the conditions of FS s.
403. 7045 (1) (f) ~ -
p. "Ash Residue " ha•s the same meaning as the term is
defined in. the: department rule' o~.z,solid waste combustors which
defines such term.
q. "Pelletized paper. waste"-means. pellets produced
exclusively from discarded paper which .is derived from a solid.
waste management facility or a recovered materials processing
facility and which is -shredded, .extruded, or formulated into
compact pellets of various sizes for the use as a supplemental fuel
in permitted boilers-other than. wa._ste-to-energy facilities. The
use of such pellets as a supplemental fuel in permitted boilers
other than waste-to-energy fa~ci:Lities may be us~ed~ by local
governments as credits toward they, goals for reduction of solid -
waste pursuant to FS s. 403,706(4)(B) -
2 . Terr_n .
a. The term of this franchise shall. terminate on
September 30,~?007, following the effective date hereof provided,
however, the City or Franchisee may terminate this Non_Exclusive
Commercial Franchise, with or without cause, by a thirty (30) day
written notices sent by certified U.S. mail.
' b: Without limiting the foregoing, the City.does 'not
waive the. requirements of, or~Franchisee's duty to obtain all
~ Ordinance'No. 07-1824
Page 3 .
applicable permits and to comply. with the conditions thereof,
- unless precluded by the application of.this ordinance; to comply
with land use regulations; or to comply-with codes., ordinances and
regulations governing waste removal; or to pay fees associated with
same
' 3: - Services Provided by Franchi ee.
- a. Franchisee(s) shall provlde.Commercial Solid W-ante
Collection Services -in the-City of- Longwood, which shall be ari
exclusive right to-the Franchisee(s). -The Contractor shall be
responsible for billing and' collection ,qf Cornmercia.l Solid [H]aste
Collection services 'and disposal co.st.s. - -
4'. Unauthorized Service. -
• a. N'o' other person or-entity except the Franchisee(s)
may offer or provide Commerci-al Sold'Wast.e Collection, Service in
the City of Longwood. No commercial establishment within the City
shall util,ize~the -services of a collector not holding a franchise
from the~City:' Violations of this section shall be enforced by the
City bye legal action seeking injunctive relief and darnage~s. -
~b. -Minimum Service: ~ -The Franchisee. •shall make
collections at al-1 commercial establishments sub.jeet to the terms
of this,ordinarice~and at sufficient.int.ervals-necessary to perform
adequate services and -to pro~te~ct the env.~ronme,nt . .
. 5. Franchise Processing Fee. A fee of fifty dollars
.($50.00) shall be charged for each franchise application to cover
associated administrative. costs -
. 6. Hours. ,Collections shal`l~be made between 7:00 a.m. and
7:00 p..rn.. unless different`°tmes 'are app--roved -by the City. -
7-. Litter. •The Fr~arichsee 'sha'11'riot litter'~premises in the
process . o.f making collections acid shall promptly pick up• all•
papers, ~.ma.terial or debris that may be scattered` about the
container during the process-.
8. Use and Location of Approved Containers. Containers used
for collection of solid waste from commercial establishments shall
be standard manufactured-type mechanically served containers,
.compatible with .the private. commercial collector's servicing
equipment.. - Containers a hall be placed at hocations readily
accessible to franchisee's personnel.'~'Containers-shall be located
upon private property unless the us:e of public property-is approved
by the City. Violations~,'of this~'se.ctibn shall constitute a breach
and default .of_this Novi-Exclusive Commercial Franchise. The type
of container.~used,, or the- location thereof, may vary from the
Ordinance No,. 07-1824
Page 4
provisions of this s'ecti_on if approved -in wri_ti,n'g by the C,i.ty of ; -
Longwood. -
9 . - Hazai:dous Materials . Col-leati•.on of special and hazardous
materials sha1:L be in strict compliance. with al federal, state,
and local laws~and regulations. '.Said materials shall be-stored and..
placed in a manner approved by the appropriate regulatory agency,
i.e., FDER, U.S. EPA, etc., and the City of Longwood..
~1.0 . Collection Ecxui:pment .
a . 'The Franchi_s.ee shall provide an_-adequate number ~of, . .
vehicles for- .regul`ar collections services-. They shall be kept i_n
good repair, appearance, and iri a ~~anitar.y condiaion.at a.11 times.
Each•vehi,cle.shall have clearly visible the.name-and phone number
of the Franchisee and vehicle_number'.not. less than twelve inehe.s
(12.'.') - in height= on the rear and '-each .side . ~ .
b. Franchisee -shall-' certify to the. .City. upon the;
commencement o°E each five- (5)-yeaz: franchise the description. and
quantity of vehicles 'and equipment ~on- hand ~~and~ a.vai•lable ,for .
regular coll~ecai_on services and backup' in . the event ~ -o,f .any, _
breakdowns, - ~ . - - . _
11 . Office.. The Franchisee shall establish and main.ta;i.n a
~ local office. ar, such. other facilities through•which it can be
contacted,,.where service may be .applied fo-r_, acid complaints can be
made. It s.ha1_.]_ be equipped with`' sufficient 'telephones; shal_1 have
one_ ;(1) responsible person in charge during collection hours and
shall be open during collection„hours. -
_ - .
12. Haul~~~. All solid waste hauled by the Franchisee shall
be so contained, or,-.enclos.ed tha,t~ 1_eaking, spilling ~ or blowing are
pr_even.ted. Ln the event "of-`any.-sp'1'lage, f'leaking,_ or blowing of
materials from truck, the. .Franchisee shall immediately clean. up the
waste, 'upon observance or. witn.es'~s by--Franchisee or it's- employees,
or public noti_ficatiori., _ or iri ~ariy 'such manner `upon. whi-ch notice of - .
leakage; spilling or bl`owi_rig` is provided to -Franch•isee. _
13. Dis osal. A11 solid„waste,-generated or produced in the
City of Longwood should: be trans>orted; to and disposed of at a
Seminole County designat.e.d+dspo~~al facility. Any specialized
waste, as defined in this franchise,--that cannot be dispossc~ of at
a Seminole County designated disposal facility shall be hauled to a
permitted FDEP site or facility. A1~1 recovered~inateriahs shall be'
hauled to .a FDF~P permitted-;r,ecov,er.~~ materials processing -facility.
Verification of source of 'load arid' weight t-icket shall be
maintained by franchisee for the duration o:f thus franchise and
~ _
Ordinance No. D7=1$24.•
Page 5
copies `may be 're.quired ~-bye the -.C_ty.., - : - ~ ~ -
14. Charges and Rates. All. charges and rates for the
commercial Collection"of.garbage..shall be set by the .Franchisee in
negotiation'with -t`he ~ ,commercial . -~e_stabl=ish_men_t requiring. the
service . 'r ~Rat~es and -char,g.es -shall.: not be set by the -City. •
15. Compensation and Payment.: - _
a. For the privilege of collecting solid waste from
commercial establishments within the City; .securng.a-_f.ranchise
from the City arid~^-for• the:.. use of ~ the _ City •str:eets, .the franchised
co~llec'tor shall`' pay: to:-' the -Ciay; . a~ ;sum .equal to. twenty, percent
(20'0') ~ of -the' grow"~ -revenues-~ frgm_-, all .sources_- related' tb the '
fran'chise'e' soperations in th'e City, including - fe.ea,.' ~char~ges,
rent-al of~ equipme•nt-; and.`: funds -paid outside the ,City .for' ~ha'uling-
materials from the City. .:.Pay.-meat .to the -C.ity shall b,e m_ade .four
(4)- time"s per=year,` o~n~ M_arch.-,15,, June 1.5.,.. September, '15;~ and
December' 1.5; -~~=fo-r ",tYire.e (3) full,. montjhs ,immediately ',preceding
payment; "ex-cept they frst•~ payment = if -the f-first period, is - less -than
tYi~ree months;'::inwhich ; case .,payme~n=t, sh_ all be. ~ prorated, Paymment
shall be directed to the City Finance Division.- Such fees shall
not include fees generated from the collection of recovered
_b,. ~ Franchisee, ,in ;further .~consider'ati-on of the
fr~a~nc'hise, s'h-all -make..-its, financial records av_alabie to --the C-ty ~
in' accordance =wth,pro:cedures. ~establiahed,•'from time t~o_' tlme~ by the .
City. •.'-The- fees- ;paid pursuant. to.., this Section aYiall 'not be added as
a separate item on the custome;r'a ~collect,ion- bill's;' :but rather-
shall be considered as an operational~~expense.
. 11.6.:- ,•Reports.` ,Along _with -the. ' quarterly_ remittance o•f the
franc'hs:e fee.,- the• Franchisee- shall ;pr,ovide tYie`Cty with.-a.• report.-'
Said rep.or-t'_•shall, begin a hard.,copy form..., The report shall include •
such:- =information as the City may reasonab-1y require so~~as -to ensure
proper .re•fus:e, ser,uice 't:o ,a11 commercia'1 establishmerit•s within. the
City and so a~s..ta.;ens.ure,_Fran~eh~u:ee's~_complianc'e~ with the terms 'and
conditions of this report. Each report-shall contain as-ai~minmum:
_ (.1) Customer',s Bu"siness-Name - - - ~ -
- ~(~2) -Customer's ~Busines's Address - ~ - ~ - _
Telephone Number
is
(,4) Container (sj ~ N'umber' ('s`j`~' -
(;5 j _ Co-ntaner..(s~) Capacity' ~ ~ _ ~ ,
- (6) :.compactor (~s)~. ~ - - I y ~ _
- (7) Pick=up -Schedule for 'Conta'iners -and Compactor's ,
(-8,)•~. Number o.f P.ck-ups. ,for all Containers and Compactors
_ ~_,,•(9) _ Franchise-e Fee _ - -
(10) Total tonnage of solid =wasted ''from ' a11• :customers
Ordinance,No. 07-.1824_-
. _ pyage 6 :
~ disposed at a Seminole County designated disposal
facility. ,
17. Noti~Eieation. The Franchisee shall-notify all customers
about regulations and days of collection.
18. Franchisee Personnel.
a. The Franchisee shall assign a qualified person or
persons to be in charge of his or~erations in the City and. shall
give the name or names to the City.
b. Franchisee's collection employees shall wear a clean
uniform bearing the company's name.
c. Each employee shall, at all -times, carry a valid
operator's license for the type~of vehicle he is driving..
d. The City may request the. dismissal or appropriate
discipline of any employee of the Franchisee- who violates any
provision hereof or who is wanton,, negligent, or discourteous in
the performance of his duties.
e. The Franchisee -shall provide operating and safety.
training for all personnel and, shall certify same to the City
. annually upon :renewal of this Franchise.
f. The Franchisee shall comply with, the Equal
Employment Opp~srtunity Program, trie Fair Labor Standards Act and
all other applicable Federal arid~State Statutes pertaining to Fair
Employment practices:- ~ ~ -
19. Franchisee Equipment.
a. -All trucks or other vehicles operated by the
Franchisee in the City shall be subject to, and shall immediately
submit ~.to spot, on the road inspections by the City or its agent
and if found to be unsafe, said vehicle shall be immediately
removed from service until it can be repaired and is succe sfully
re-inspected: -
b. The use of vehicles failing to meet standards after
inspections may be grounds. for cancellation of the franchise by the
City Commission, if found after notice to the Franchisee and an
opportunity tp be heard, to be flagrant or repeated in nature.
20. Compliance within Laws. The right is hereby reserved for
the City to adopt, in addition to the provisions herein contained
and existing appli.cable.o.rdinanc'es,: such additional regulations as
it shall find necessaryi ri - t}i:e exercise of the police power,
provided that such regulations by ordinance or otherwise shall be
reasonable and not in conflict with the irit-ended purpose of this
ordinance. This shall-includes r,e'quiring the Franchisee to dispose
and deliver solid waste to~a designated facility. The Franchisee
shall conduct operations under th_Ls ordinance in compliance with
~ all applicable laws and interloc'al agreements between the City and
Ordinance'No. 07-1824
Page `'7
Seminole County for solid waste. management and its failure to
comply shall constitute a default hereunder. This franchise shall ~
not be construed to repeal or revise any existing ordinance and to
the extent that any-provision of this franchise is inconsistent
with any existing ordinance,. then such existing ordinance shall
prevail and control.
21. Payment Bond. The Franchisee shall furnish to the City a
Payment Bond executed. 'by a -surety licensed and authorized to do
business in the State of Florida in the amount of $100,000.00
insuring the faithful payment and performance of the terms of this
ordinance and executed by a surety company. Said Payment Bond is
in an amount deemed by the,City and the Franchisee to be reasonable
and necessary to enable the City to ensure all ,franchise fees due
and payable hereunder and paid as and when due..- '
22.~ Liability. The privileges herein granted are upon the
express conditions that the Franchisee sha11~ be liable for all
damages or inj"ury to persons or property caused b.y its neglect or
mismanagement,-or by the actions of any o.f its employees while
engaged in the operations herein authorized, or for any actions or
proceedings brought as a result of the award of this franchise to
Franchisee; to •specifically .include but not be limited to Anti-
trust'actions or proceedings. .The Franchisee shall be responsible
and liable for any and all damages to personal or real property,
whether owned by the City, private individuals or other business `J
entities. Said damages shall include, but not be limited to
damages to City rights-of-ways, curbing, signs, roadways and other
property. _ Should : the ,,City of Longwood be. sued therefor, the
Franchisee shall be_notified o~f such. suit, and thereupon it shall
be=its duty to defend the suit or at the City's option to pay the
legal fees of the City' s attorney to~ defend. the suit and .should
judgment go against the City in any such case, Franchisee shall
forthwith pay the same... The Franchisee shall indemnify and save
harmless the City, its agents, officers and, employees from any
judgments recovered by ,anyone for personal' injury,- death or
property .damage sustained by reason of any of the Franchisee's
activities permitted by this franchise or for any actions or
proceedings brought as a result of the award of this franchise to
Franchisee,'to._specifically include but not limited to Anti-trust
actions or proceedings, and shall pay al•1 expenses, including costs
and attorney' s f.e,es, in •de~fending `against any such claim "made
against the City or any of the City's agents, offi-cers or
employees. Fr-anchisee: further agree tb purchase' comprehensive
public- liability and property,.damage,insurance in the amount of
$5,0.00,000 per accident,_event or .occurrence, naming the City as an
additional insured to the extent of its rights against Franchisee
arising. by' virtue of this .section. The ihsurarice policy will
Ordinance._No. 07-182.4 v
Page 8_ .
provide that ,the City shall be' given thirty (30) days written
notice prior to cancellation or modification: A copy of ,said
policy of insurance shall be filed with the City Clerk qn or before.
the effective elate of this franchise. •
23-. Licenses. The Franch'i_see shall, at its sole expense,
procure from .a11 governmental authorities having jurisdiction over
the operations 'of the •Franchisee.,` i_:~cluding the City, all licenses;
certificates, permits or other authorization which may be~necessary
for the conduct of its operati__ons . The- Franchi_s.ee .shall pay all
taxes, licenses, certificaton•permit and examination fees and
excises which may be assessed, levied, exacted or i_mpo{sed on its.
property, on it: s. operations, on its gross receipts, and upon this
franchise and t:he rights and.pr'vi.leges granted herein,"and shall
make all applications, reports and returns required in connection
therewith.
24. Worlce:r's Compensation. The Franchise shall carry, with.
an insurance company autliorized'to transact business in t•he State,
of Florida, a policy that fulfill-s all the requirements of the,
Worker's Compensation Act of said State, including all legal-
requirements for occupational diseases.
25. Assic~nment of Franchise. No assignment of this franchise
w or any right ot;curr.in.g under this'f:ranchise shall be made in whole
or in part by the Franchi's~ee without the express written consent of
the City Comm=fission. The City' shall have full discretion to
approve or deny, with. or without cause, any proposed or actual
assignment by the Franchisee. 'Any 'assignment of this franchise
made by the Franchisee .without the expres-~s written consent of .the
City Commission shall be null and void, and 'shall be grounds for the
City to declare a default of this franchise. The City can
terminate this franchise by going'thirty (30) days written notice
to the -Franchisee.
In the event .consent of any proposed assignment is denied by
the City Commission, the franchise shall terminate upon thirty (30)
days written notice to the Franchisee.
Any merger- or acquisition of Franchisee shall const.itute.an
assignment of this franchise pursuant to this section.
In the .event of any a'ssignrrtent, the assignee shall fully
assume,all.the liabilities of the-Assignor.
:26. Books; Records and Audit-.
a. Thee Franchisee 'shall keep records of wastes
Ordinance No. 07-1824
Page 9 .
collected and charge-s therefor, 'and the City shall, have the right ~
to review those records whi.c.h..n any w.ay pertain to .the payments
due it as well 'as the billing . of.- a1-l customers . by~ the" Franchisee . •
If disposal facilities are operated ",by "the City; records of
incoming wastes shall be maintained by the City. The Franchisee
will be ~ responsible fo.r the. monthly billing of the customer.
b. Franchisee shall .furnish the City F~ina.nce. Division
wth~an annual audit,"due on November 15.of each calendar year, for-
the " serviceyear or .portion, there;o,f.._endng the .previous Se~tembe'r
30th. ~ Said 'audit: shall,. .be prepared by an independent certified-
public accountant complete ~ w,ith .auditor' s opinion "which opn-ion
shall be subject o acceptance o,r,rejecton.by the City: The audit -
sha11 reflect the accuracy and-completeness 'of •the 'informat-ion
provided the City by-~the Franchisee including detailed da-ta and
computation concerning the .franchise-fee. _ _
27. Bankruptcy or Insolvency. If the Franchisee becomes
insolvent and'-.'in 'any event. if t-he Franchisee files a petition of
voluntary" or involuntary bankruptcy,, then this franchise s-hall
terminate-.in.~no event late-r than the date of filing iof the'
bankruptcy pet.i`ton . , " ~
28. Default.
= ~ ~ - a. The,_falure on the ,part of the Franchisee to comply
in any substantial. respent with any of 'the ~prov~sions of this
ordinanc'e-shali~be grounds for a forfeiture of~this franchise,-but
rio such"forfeiture shall take effect until:.the City has"served-upon.
the Franchis•e,e.. written notice . of default; which notice -shall set
forth ~ the nature. and-, extent whereof . If a 'default can be.
corrected.,. _the Fra"nchi-see. shall have thirty (3_0) ,days followng• the
notice of default to' correct the same'."~tIfJthe 'Franchisee protests
the reasonableness: or -propriety of ~ the" City`s declaration, said
protest shall be served upon,-the City in wrtng~within ten (10.).
" days following receipt by the Franchisee of`the City's notice'. -T'he
protest shall be scheduled before the Longwood City "Commission at
`the next .available Commission .meeting. ,
b. ~ . If -.the City Commission,, after hearing the protest
upholds the reasonableness or.pr"opriety~of the City's declaration
of default, then the Franchisee, within thirty ('3°0) days~~ of said
'decision, ma~_y ch.al,lenge~the decision .in the Circuit Court of the
Eighteenth Judicial Circuit in and for~Seminole County, Florida.
29. Right to-Refire Performance. The failure of the City at
any time to require perfor-mance, b.y the Franchisee of 'anyprovisions
hereof shall in no way affect the right"bf`'the City thereafter to
enforce same. Nor shall waiver by the, City of any breach of any
provisions hereof,.be taken or held to be `a waiver of any succeeding
breach of such provision or as a waiver bf any provision itself.
Ordinance No. 07-1824
Page 10
30. Inde]~endent Contractor. It is hereby understood and
agreed that the Franchisee is ar independent contractor and not an
agent of the City. •
31. Modi:Eication. This franchise constitutes the entire
agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed or amended in
any respect unless in writing and ~•igned by the parties hereto, and
adopted as an amending franchise ordinance..
32. Not:i_ee. As required for any purpose in. this franchise,
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee as follows:
CITY: .Sarah M. Minus, CMC, City Clerk
City of Longwood
1'75 West Warren Avenue
Longwood, Florida 32750
FRANCHISh~]3: Ronald J. Pruim, Jr., President
• Metro Waste'Services
Post Office Box•68173-0 •
• Orlando, FL ' 32'8 6.8
Phone: 407/ 52.2-1498
33. Remedies, Attorney's Fees and Costs. All remedies
provided in -this franchise shall be deemed cumulative and
additional and not in lieu of or e:~clusive of each other or of any
•other remedy available to the .City at law or in equity. In the
event the City ~,shaTl ~pre•vail • in' any action arising hereunder,
Franchisee shall pay to the City its costs, referable thereto,
including atto:rney'a fees.
~ _
34. Governing Lave and Venue. This franchise agreement shall
`be governed by•the laws of-t~he State of Florida. Any and a1:1 legal
action necessary to enforce the•Ag__eement will be held in Seminole
County .and the Agreement will be interpreted according to the laws
of Florida:.
35. Headings., The headings of the sections of this franchise
are for purposes of convenience only and.. shall not ~be deemed to
expand or limit the provisions contained in _such s,ection~s.
36. War_.ranty of Franchisee. ,'The Franchisee represents and
warrants unto the City that no officer, employee, or agent of the
City has any interest, either directly or indirectly, in the
business of Franchisee to be conducted hereunder.
Ordinance No. 07-1824
Page 11
37: An~.endinent'. The'. City reserves the right.. to amend this
o`rdimance in any- manner necessary for the health:,, safety, welfare
of the public or to comply with laws, statutes, regulations~.~or
interlocal agreements, and the City reserves the right, in the
publi~c~ interes=t- from time to time, to prescribe reasonable .rules
and regulations. governing Franchisee's operations hereunder.
38: Public Entiay Crimes. No Franchisee or Contractor may be
~a person or affiliate iden~tified~on the Department of General
Services "convicted vendor list. This list is defined ~~as
consisting of persoms or a-f.iliate_s w-ho ar.e disqualified from
public coritractn'g and purchasing process because they have been
found guilty of a public entity cri-me. T.he .Franchisee is-required
to comply with Florida Statutes Section 287.133, as amended, or its
successor.
SECTION TWO: Severability. The~pr.ovisions of this ordinance
are declared to be separable and if any section, sentence, clause
or phrase of this ordinance sha11 for any reason be held to be
invalid or unconstitutiona such decision shall not affect the
validity of the remaining s,e.cti.ons, sentences, clauses and phrases
" of this ordinance but they .shall remain. iri effect, it being the
legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part,.
SECTION.THREE: Effective Date. ,This ordinance shall take
ef:f:ect upon.fnal~adoptiori:and upon acceptance by the Franchisee.
'FIRST READING: ~1L.t V1 L. ~
j , `
SECOND READING: ~ L( ~1 `S~ Z'd~~
- . , ~
PASSED AND .ADOPTED THIS ~~~DAY OF eJu~ .zaD
"
John C ai ot, ayor
P._TTE, ' •
_ ~ZGGC~
Szrah M..ylZirus, .CNlC, City Clerk _
Ordinance No. 07-1824
Page 12
~ Approved as to form and legality for u.se-and reliance by the City
of Longwood, H.lorida, only.
Teresa S. Rop~:r, Acting City Attorney
Gtirdinarice No . 07'-1824
Page '.13
• ~ = •ACCEPTANCE~ B,Y FRANCHISEE ~ - -
The foregoing City of Longwood Ordinance No. 07-1824 and the
franchise provided for therein and all the terms and conditions
thereof are hereby accepted, approved and agreed to _t his
day o f .~~TE~'rt C'~Z Zpp7 .
FRANCHISEE:
Company IMF!' e
By :
ignature f Owner r uthorized Agent
Print Name : .l/' ~ ~ _
Ordinance. No 07-182,4
Page 14 •