Ordinance 03-1679ORDINANCE N0. 03-16]9
AN ORDINANCE OF THE CITY OF LONGw00D,
FLORIDA, PROVIDING FOR THE GRANTING O A NON-
EXCLOSIVE FRANCHISE TO ONY% WASTE SERVSCES
SOPf}IeAST, INC. FOR TH8 COLLECTION OF
COMMERCIAL 90LID WASTE, TO IMPOSE CERTAIN
TERM9, CONDITZONS AND R%QDIREMENTS RELATING
THERETO PROVIDING SEVERABILZTY, CONFLICTS
BE IT ENACTE- BY TFIE CITY OF LONGWOOD, kLORIDA As FOLLOWS:
SECTION ONE: There is hereby granted to Onyx waste Services
outheaat, Z herein called the nchisee"), its s and
signs, a - zclusive Righ[, Privilege or Fravchi e t collect
solid w ials from c ial e tablishmenta w~[hin the
City of a LOngwoodr s nole Countyc Florida, during the t and
subject t the fol.l owing limitatiova and conditions as here :rafter
set forth.
itiona.
"City" shall mean the City of Longwood, Florida, a
b. "Franchisee" shall m the individual, partnership
torpor who/which agrees, as hereinafter provided to perform
{he work o o Eurni sh materials or equipment, or both
as set forthsin this franchise.
"Recovered ma aals" tal, paper glas
plastic, tile, rubber material em that have known recycling
poteneial COC n be feasibly recycled, and have been diverted and
separated or have bee ved from the solid w
for sale, materials, whether o rthe
materials regssi rsubsequent processing o separation fromt each
other, but doeerv nclude materiali destined for any u that
netitutei dispo a1.3 Recovered materials as described above axe
not solid waste.
d, solid w nagement" shall m the process by
which solid waste collected, nsported, red, separated,
pro aed, disposed of any anther way e ording
orderly, purposeful, and planned program which includes closure and
lovg-term maintenance.
"Solid w nagement facility" shall m solid
sets diepoeal a volume reduction plant, transfer station,
materials r verye facility, o other facility, designated by the
City, the purpose of which i very or the diepoeal,
ecycling, processing, rage ooF OSOlid ow The t m does
not include r red mateei ale processing facilities which meet
the requirements aof FS 403.]046(4) cept Che portion of
facilities, Sf any, that ze used for she management of [are
managing s c.] solid waste.
f. "Solid w shall m sludge u regulated under
the federal clean w act o clean as sludge Erom a ante
treatment works, water supply treatment plant, o r pollution
ontrol facility, r Sncludea garbage, rubbish, refuse, special
other discarded material, ncluding solid, liquid,
solidY of c ned gas materialrx salting from domestic,
indue sal, ral, ing, agricultural, governmental
oper Recovered materials as defined in £S x.403.]03 (]) are
not soliaew
gaete~COmmerci al establishment" property
properties z ned o sed for c iai o induserial a sed
by entity empt Erom under 1(c)(3) of athe
ivternal Revenue%code, and e eludes property or properties z ned o
used for ingl e-family r sidential o multifamily r sidential u
sh. and demol it n debri materials
gen rally c eideredtto be n soluble and n n-hazardous i
n~l uding, bus nott limited to, eel oglase, brickn
asphal[ roofing ma iai, pipe, gypsum wallboard, and
lumbertefrom the c r destruction of a s part
of not demolition projec and ncluding a ocka,
oil s, co and other vegetative matter rwhich
many r salts afrom laude cl caring or land development operations
£or a nstruction project including such debris from c action
of s e from the c r demolition
projectc site9 a Mixinag eof sc and demolition debris with
other types of solid waste,oincludivgnmaterial Erom a netrvctlon
o£ demolition s which a c from the a ual c nstxuction o
destruction of a will c o be classified as other
than con and demolition debris. t
ioCOntainer" shall m any portable, n nabeorbent
nclosed container with a close fitting c r doors, approved
by the Health Department and the City, whi ~h ei sed to store large
volumes of refuse. It must be capable of being eervxced by
mechanical equipment.
j. "Special Waste" m solid w s that c require
special handling and m nagemented including asbut not limited t
white goods, tires, sed oil, lead-acid batteries,
nstruction and demolition debris, ash residue, yard trash, and
blol ogical wastes.
Ordlnence 03-16]9
Page d
k. "Biomedical waste" m any solid waste or liquid
sets which may present a threat of e nfection to humans. The term
ncludes, but i t limited to, n n-liquid human t and body
parts; laboratorynand veterinary waste which contain rhuman-disease-
ing agents; discarded disposable sharps; human blood, and human
blood products and body fluids; and other materials which in the
opir of the department of Health and Rehabilitative Services
represent a siynificant risk of infection to persona o side the
generating facilicy. The t rm does n nclude human r mains chat
are disposed of by persons licensed under chapter 4~o.e
1. "Biomedical ante gen rator" a facility o
person that produces or generates biomedicale waste. The terns
ncl odes, but i t limited t hospitals, skilled n ing o
valescent hospitals, rmediate facilities, uclinics
dialysi clinics, dental offices, healehcma organizations,
urg seal clin medical bvil dings, r physicians' of Eicea,
laboratori as, veterinary clinics, and fuvervl homes
"Biological waste" m solid w that c
has the capabi.l sty of c ing diaeaeeso rnfection and includes
but i t limited t biomedical w rdiseased or dead a mals,
and ocher wastes capable of t ing pathoyens to humane o
mal s. The tezm does not includemhuman remains chat are disposed
ofrby persons lie aed under Chapter 4]0.
"Materials r very facility" m col id w
nagemenen facility that provides for the e n from solid
ante of recyclable m ials, materials s table foreu s a fuel
of soil a endment, o any combin o£ such m iale.a
"Recovered ma ials processing facility" m
facilicy engaged solely r the rage, processing, Bale ns
of r red m ials, nchta facility i not a solid w
nagementeC facility teif it meets the conditions of FS ass.
903.'1095(1) (£).
p. Ash R si due has the e aning as the term i
defined in the department rule on solids waste combustors which
defines each [
q. Pelletized paper waste" m s pellets produced
xclusively from discarded paper which ieederived from a solid
ante management facility o red materials processing
Eacil sty and which shredded, rextruded, formulated
ompac[ pellet of v a for the u supplemental fuel
n permitted boiler others than waste-eo eeneryy facilit The
of such pellets a supplementalfuel in pexmittedaboil ers
other thaw - - ergy facilities may be eed by local
gov eats red~een and the goals for reduction of solid
wastenpursuant to PS e. 403.]06 (47 (B).
2. Term.
The of this franchise shall nits o
September 30, 200], following the effective date hereof providedn
however, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with o without c by a thirty (3o) day
written notvice eent by Certified U.s. mails
3. 9ezvicee P ovided by Franchisee:
Franchisee(s) shall provide Commercial Solid Waste
Collections Services i the City of Longwood, which shall be a
xcluaive right to the Franchisee (e). 't'he Contractor shall be
eeponaible fox billing and collection of Commercial Solid Waste
Collection servvicee and disposal costa.
4. Unauthorized S rvice
No other persov o icy e cept the Franchisee(s)
may offer r provide Commercial Solid waste Collection Service i
the City of Longwood. ial e tabliehment ithin the city
ahal.l utilize the s rvices o£ea collector n t holding a franchise
fro the City. iolationa of this s shall be enforced by the
City by legal a Cion seeking injunctive relief and damages.
b. Minimum The nchi see shall make
collectlone at all c al ce tablishmentsa subj act to the t
of this ordi.n and at sufficient intervals n eary to perform
adequate servvices and to protect the environment ee
5. aachiae aeing £ee of fifty dollars
($50.00) shall be char gedefor each franchise application to cover
associated administrative costs.
6. Hours. Collections shall be made between ]:00 a and
]:00 p.m, unless different times are approved by the City. m
]. Littez. The Franchisee shall not litter premises in the
process of making collections and shall promptly pick up all
paper material debris .that may be scattered about the
container dosing the process.
B. Uee and L of A d C tai a Containers used
for collection of solidi waste fro sal e tabliehmente shall
be standard manufactured-type mechanically served containers,
Ordinance 03-16]9
Page 4
ompatible ith the private ial collector's icing
equipment. w Containers shall be mplaced at locations e eadily
eslble to franchisee's pereoxuiel. Containers shall be located
upon private property unless the u of public property is approved
by the City. iocations of this aeetion shall c netitute a breach
and default of this Non-exclusive Commesci al Franchise. The type
of container used, r the location thereof, may vary £rom the
provi sione of this section if approved in wrating by the City of
Longwood.
9. Hazardous Materials. Collection of special and hazardous
ials shall be i ompliance with all federal,
and local law and regulae Said materials shall be s xedaavd
placed i approved by the appropri see regulatory agency,
i.e., FDERa UaE.eEPA, etc., and [he City of Longwood.
30. Collection Equipsent.
The Franchisee shall provide a adequate number of
vehicles for regular collection s They shall be kept i
good repair, appearance, and i Hilary condition at all [
Each vehicle shall have clearly v Bible the n and phone number
of the Franchisee and vehicle number not leas than twelve ruches
(12") in height o the r and Bach side.
b. nchiseea shall tify the ity upon [he
ofF each five (5)-yeas franchi e the description and
quantitym of vehicles and equipment on hand and a ailable for
regular collection servrces and backup rn the even[ of any
breakdowns.
il. Office. The Franchisee shall e tablish andma
Local office vch o[hes facilities through which Hobe
ontacted, where s may be applied for, and complaints c n be
made. St shall beeequipped with auff ici ant telephones, shallahave
e (1) reeponsibie person i charge during collection hours and
shall be open during collection hours.
12. Rau11°a. Ali solid waste hauled by the Franchisee shall
he s ontained, o nclosed that leaking, spilling or blowing a
prevented. the e of any spillage, leaking, or blowing of
ials from truck,vthe Pranchisee shall immediately clean up the
waste.
Ordinance 03-16]9
Pnga 5
13. Disposal. A11 solid waste £or disposal shall be hauled
to FDER approved sites or facilities legally approved t cept it
for treatment or disposal and designated a approved site by the
City. All r red materials moat be processed at a certified
recovered materials processing facility.
14. Charges apd Ratee. All charges and rates for the
ial collection of garbage shall be s t by Che Franchisee i
negotiation ith the ial eabli ehment requiring the
service. Rates and chargesmshall not abe eat by the City.
15. Compensation end Payment.
For the privilege of collecting solid waste from
ialae tablishments within she city, ing a franchise
fromethe City and for the u of the City s sets, Che franchised
collector shall pay to rhea city, equal t my per
(20&) of the gross froma allm related oche
franehisee~s operations ve vethe City, n~luding fees,charges,
ental of equipment, and funds paid o aide the City for hauling
materials from the City. Payment C [he City shall be made four
f9) times per year, rch 1 September 1 and
camber for three (3) full n[he 1 nvaediately preceding
payment, a cept the fire[ payment if the first period is lase than
three months, rn which case paymenC shall be prorated. Payment
not include fees generated from the collection of recovered
b. Franchisee, further ei deration of the
franchise, shall make its financial r ords oa ailable to the City
ordance with procedures e tablished from t e to t e by the
Cityca The fees paid pursuant [s this Section shall n t bemadded a
separate r n the customer's collection bills, but rather
shall be considered as an operational expense.
16. ~. Along with the quarterly r mittance of the
franchise fee, the r nchiaee atoll provide the City with a report.
Said report shall be i a hard copy form. The report ahall include
uch information a the City may r nobly require e
proper refua e to all c ial e tabliehmente withlnsthe
City and e es sto e e FranchiseeTS compliance with the t and
condi tione o£ this report. Each report shall contain ae a mrxumum.
(1) Customer's Busineee Name
(2) Customers eueineea Address
Ordinance 03 -1fiy9
Page 6
(31 Cuetomer'e Telephone Number
(4) Container(s) Number (e)
(51 Container lsl Capacity
(6) Compactor(s)
(]) Pick-up Schedule for Containers and Compactors
(8) Number of Pick-ups for all Cont ainere and Conq~actore
(9) Franchisee Fee
i]. Notification. The Franchisee shall notify all customers
about regulations and days of collection.
18. anchleee P xn~el.
Tne Franchisee shall a sign a qualified person o
persons too be i charge of his oFerat ions in the City and shall
give [he n [he City.
bme nchisee'e collection employees ahall wear a clean
uniform bearingPthe company's n
ach employee shall, a all t airy a valid
operator~aclicenae for ens typo of .,eniele ne iia aarr~ing.
d. The city may request the dismissal o appropriate
discipline of any employee of the Franchisee who violates any
provision hereof o who i on, negligent, or discourteous in
the performance of hie dutiesant
The F nchisee shall provide operating and safety
ing for all personnel and shall c rtify same to the city
annually upon wal o£ this Pranchise.e
f. rThe nchieee shall omply iCh the Equal
Employment Opportuni ty aerogram, the Fair Labor Standards A and
all ocher applicable eederal. and State Seatutes pertaining to Farr
Employmene praceicea.
19. Franchie ee Equipment.
All ucke other vehi cl ea operated by Che.
nchiseeai the City shall be subject t and shall immediately
submit t spot, o the road inspections by the city o its agent
and if found [o be u safe, aid vehicle shall be immediately
ved from service until it can be repaired and is successfully
re-inspected.
b. Tne u of vehi else failing to meet standards after
nspections may be grounds Eor c cellation of the franchise by the
City Commission, if found after nnotice to the Franchisee and an
opportunity to be heard, to be flagrant ox repeated in naeure.
20. Compliance wltLin Laws. The right is hereby re rved fox
the City to adopt, addition to the pro s herein sc ned
and exieeing applicable ordinances, such additional regulations a
shall find sary the of the police pow
provided that each regulations by ordinance o otherwise shall be
sable and not in conflict with the i ended purpose of Chia
ordinance. This shall include requiring the Franchisee to df spose
and deliv solid waste to a designated facility. The Franchiaee
shall conduct operations under ehie ordinance i ompliance with
all applicable laws and i r-local ogre ants between the City and
Seminole County for solids w nagement and i e failure to
omply shall c a default hereunder. This franchise shall
not be c natxued t trepeal o any e ing ordinance and t
the e that any pro of sehis franchise r
with anyne rsting ordinance onthen such existing ordinance1shall
prevail and control.
21. ond. The Franchiaee shall furnish to the City a
Payment 9ond e tad by a sty licensed and authorized to do
business n the c5 of Florida r [he a ant of $100,000.00
ing-the faithful payment and performancemof the t of this
ordin and e tad by a sty company. Said Payment Bond i
in a ant deemed by the City and the Franchisee to be r onable
and n awry to enable the City to e all Eranchiee efees due
and payable hereunder and paid as andnwhen due.
22. Liab111 cy. The privileges herein granted a upon the
express condi do that the F nchisee shall be liable for all
damages o injury sto persons or property c sad by its neglect o
nagement, r by the actions of any of employees while
engaged i the operations her uthor zed, rtfor any a
proceedings brought a suit of the a and of this Eranchiee t
Franchisee, t specifically include butwnot be limited t anti
r proceedings. The F nchisee shall be responsible
andsliable for any and all damages to personal o sal property,
whether caned by the City, private individuals o other business
entities Said damages shall nclude, 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
Franchiaee shall be notified of such suit, and thereupon it shall
be i e duty to defend the s t the City's option to pay the
legal fees o£ the city's a neya to defend she e and should
judgment go against the City i any such c nchisee shall
forthwith pay the s The F andhieee ahalle indemnify and e
harml ees the City, as is agents, officers and employees from any
Ordinance 03-16'19
Page 8
judgments red by anyone fox personal injury, death o
property damage eauetained by s of any of [he Pranchisee'e
activities permitted by this franchise or For any actions o
proceedings brought a salt of the a and of this franchlse to
Franchisee, t specifically include but n t limited to Anti-trust
actions or proceedings, and shall pay all expenses, including costs
and a rney's fees, n defending against any such claim made
against othe City any of the City's agents, officers
employee Franchisee further agree o puzchase comprehensive
public liability and property damage i the a of
$5, 0,000 per a ciden[, e ent o ing the City at
additional i red to the e r of of rightsa against Franchisee
ing by v of thlsx ection. aThe e policy will
provide that rthee icy shall be given thi rty u(3o) days written
e pri r to ceilation o modification. copy of aid
policy of o a shall be Eil ed with the City Clerk on or before
the effectiveu dated of [his franchise.
23. Licene The e nchisee shall., a sole expense,
procure from all egovenunental authorities having yj urlsdiction ov
the operations of the Franchisee, rvcluding the City, all licenses
tificates, permits o- other authorization which may be n sary
for [he conduct of i roperationa. The F nchisee shall pay all
licensee, tificat ion, permit and e n fees and
which may be ra sed, levied, e ted ao imposed o
property, its operations, o e gross r eipts, and uponnthis
franchis and the rights and privileges granted herein, and shall
make alleapplicatiovs, reports and returns required in coru~ectron
therewith.
24. Worker's C The Pranchise shall. carry, with
ompany aputhor zed to transact business in the Seaee
of Floridaes a policy chat rfulEills all the requirements of the
Worker's Compensation Act of said State, including all legal
requirements for occupational dieeaeee.
eeigw, No assignment of franchise o any right
ing under thist ordinance shall be made i whole o n past by
theuFranchisee without the expre ritten c ent of the City and
the customer; in the e of any awsignment,nehe a signee and the
assignor shall both be liable under the Franchie e.s
Z6. sooke, Aecorde end Audit.
The Franchisee shall keep orde of sates
collected and charges therefor, and the City shall have thewright
to r w those r orde which in any way pertain to the payments
due itla well as ethe billing of all c s by the F nchisee.
If disposal facilities operated vby mthe City, orde of
ing w shall be ma nod by the CSty. The F nchie ee
willmbe eepovsible for the 3monthly billing of the customer.
r b. Franchisee shall furnish the City Finance Division
with a ual audit, due on November IS of each calendar year, fox
the e az e year or portion thereof ending the previous September
30[h.e Said audit shall be prepared by a independent certified
public a complete with creditor's opinion which opinion
shall be csubject to a ceptance o rejection by the city. The audio
shall reflect the a aey and completeness of the information
provided the City by cthe F nchisee rncl uding detailed data and
computation concerning the franchise Eee.
27. enkruptcy o solvency. If the Pranchi see becomes
solvent and i any e ent if the F nchisee files a petition of
voluntary o voluntary bankrupt cya then this franchise shall
terminate ent later than [he date of filing of the
baNCruptcy peti CionV
28. Default.
The Eailureo the part of the Franchisee to comply
any subst ial e3pect nwith avy o£ she provisions of this
ordinance shalltbe grounds Eor a forfeiture of this franchise, but
uch forfeiture shall take effect until Che City has e rved upon
the F nchisee w notice of default, which n shall set
Earth athe natuxer rand extent thereof. If default n be
red, the F nchisee shall have thirty (30) days following the
notice of defaultat the s If the F nchisee pro
the r nobleness os opropriety of ethe City's declaration, teaid
protest ashall be s rved upon the City i ing withiv t n (10)
days following r eipt by the Fxanchi nee ofwthe City's notice. The
protest shall be scheduled before the Longwood City Commission at
the next a ailable Commission m ing.
b. if the City Commission, after hearing the protest
upholds the r nabl enees or propriety of the City's declaration
of default, theno [he Franchi nee, within thirty (30) days of said
decision, may challenge the decision i the Circuit Court of the
eighteenth Judicial Circuit in and for Seminole County, Florida.
Ordinance 03-16]9
Page 10
29. right to Require Performange. The failure of the City at
any t e to require performs e by the Franchi see of any pm
hereofmshall i way affect the right of the City thereafter to
enfor shall w r by the City of any breach of any
pro s na hereof be taken orv held to be a of any s eeding
breachl of such provision or as a warner ofw any provision uitselE.
I0. Independent Contractor. 2[ s hereby understood and
agreed that the nchisee is an independent contraceor and not an
agent of [he Cityra
31. Modification. This franchise c stltu[es the e
agreement and understanding between the paiti es hereto, and rit
shall n t be c eidered modified, altered, changed o ended i
any respect unless i ing and signed by the parties hereto, and
adopted as an amending franchise ordinance.
32. otice. As required for any purpose i ehia franchise,
notice shall be addressed ands t by c of ied Uni.teds[ates mail
to the Ci[y and the Pranchie ee as follows:
CITY. Sarah M Mijares, City Clerk
iYy of Longwood
1'15 W n Avenue
LongwoodarPlorida .32')50
FRANCR29EE: m Fountain, Operations Manages
OnyxSN s Southeast, I c.
1969 South O angeeBloseom Trail n
Apopka, FL 32703
Phone: 40']/ 469-0669
33. Remedies, end Coe te. All r medlee
provided this franchise aehall be deemed mulative and
addit ionalland n n lieu of o xclusive of each other o of any
other r medy a ail able to the city at law o equiey. r In the
the City shall prevail r any a ieing hereunder,
nchisee shall pay t the city its costs referable thereto,
rncluding attorney's fees.
Ordinance o3-16'19
Page 11
34. t3oyemin9 Law aad venue: This franchise agreement shall
be governed by the laws of the State of Plorida. Any and all legal
awry to enforce the Agreement will be held in Seminole
County andethe Agreement will be interpreted according to the laws
of Florida.
33. Headings. The headings of the eectione of this franchise
e for purpos of c only and shall n t be deemed to
expand or limit sthe provisions cone awned in such eectiove.
36. ants of F nchieee. The Franchisee represents and
ants u the City that n officer, employee agen of the
icy has any interest, i[her directly indi ~ectly,t an the
business of Franchisee to ebe conducted hereunder.
endment. The City r the right t end this
ordinance in any m easy fo~the health, safety, welfare
of the public o omply swith lawn, estates, regulations o
r-local agre and the Ciey r s Che right, n the
public est Promtt o prescribe r nablei rules
and regulations govern ag Fra: chiseeCS operations hereunder.
38. Public Entity Crimea: No F nchlsee or CORYYdCCOr may be
per affiliat identified o a the Depar of ral
Services ted endor" list. n This list m t defined
ing of Vpersons affiliates who disqualified from
publi et contracting and purchasing process be auae Chey have been
found guilty of a public e ity c The F nchieee i required
to cortply with Florida Statutes section 28T. 1334, ae amended, or its
arability: The provisions of this ordinance
e deElared loDbe separable and if any e entente, cl auae
r phra of this ordinance shall for any er n be held to be
invalid so ei rational, such decision shall n affect the
validity of the ing sections, sentences, claveee and phraees
of this ordinance but they shall r effect, it being the
legislative intent that this ordinan ea shall stand votwlthetanding
[he invalidity of any part.
SECTION THREE: Effective Date. This ordinance shall take
effect upon £inaladoption and upon a ceptance by the Franchisee.
FIRST READING: I~pfVmfkV ~ ~ Z~
SECOND READING: ECPmI"bV I~1~]CD~`J
PASSED AND ADOPTED THIS ~ llAY OF ~\LCP spy j~
ATTEST:
Sarah M. 3~ Clexk
~_ ~/~ 'l
Daniel S. !AndEreon,~Nayor
Approved a o form and legal i.ty for use and reliance by she City
of Longwood, tF ~i: ar~, only.
i /J
Riches/rd S, laylor, Jr:, City Atto ney
Ordinance 03-16'19
Yage 13
n~. r: ss
i_. i.. ..,. ~nr3 the
Co.: ~.? Q W~nfe services 6butl~eae t, Snc.
Hy:
c Avl;horiaed Ayenl
vsint Nam
C.... q. L6'!9