Ordinance 02-1630AN ORDINANCE OF THE CITY OF LONGNOOD,
PROVIDING FOR TN N-
USIVE FFANCHISE TO ADVANCED DISPOSAL
SERVICES CENTRAL FLORIDA, LLC FOR THE
COLLECTION OF COMMERCL9L SOLI- WASTE, TO
SE CERTAIN TERMS, CONDITIONS AND
REgU2REMENTS RE G THERETO; PROVIDING
SEVERABI LI TY, C NFLICTS AND AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA As FOLLOWS.
EECTTON ONe: There is hereby granted to.
herein called the "Franchisee"), its s and a signs, a Non-
xclusive Right, Privilege or Franchisestor collect solid waste
rats from ral establishments within the City of
Longwood, seminole County, Florida, fluxing the term and subject to
the following limitations and conditions as hereinafter set forth.
1. DeFinitions.
"City" shall mean the city of Lonywood, Florida, a
municipal corporation.
b. "Franchisee" shall m the individual, partnership
orporation who/which agrees, as hereinafter provided to perform
thecwork o r Co furnish materials of equipment, of both
as set forthsinVthis franchise.
"Recovered materials" m metal, paper, glass,
plastic, textile, o rubber materials that have known recycling
potential, c n be feasibly recycled, and have been diverted and
separated or have been r ved from [he solid waste stream
for sale, rals, whether o not the
materials requite subsequent processing o separation from each
other, but does rto[ include materials destined for any u e that
nstitutes disposal. Recovered mate rrals as described above are
mot solia waste.
d. solid waste m nagement" shall m n the process by
which solitl waste r collectetl, transported, stored, separated,
processed, r disposed of in any other way, ording to a
orderly, purposeful, and planned program which includes closure and
Long-team maintenance.
"Solid waste m nagemehtfaci:lity" shall m solid
rite disposal a volumeareduction plant, nsfera st ati on,
materials r ery facility, o other facility, deli gnatetl by the
City, the purpose of which i eey or Che disposal,
ecycling, processing; 'dr storage ~d f'csd l'id owaste'.. The term tloes
not rnclude r red-.m ials pro ing. £aciliti es which m
the requirementsVeof FS t 903.]096 (91'., cept. the' portion aof
facilities, if any, [hat is used £or :the-management of (are
managing s c.] solitl waste.
f. "Solid waste" shall m sludge u regulated under
the federal clean water. act o clean. as act, sludge from a rite
treatment works, water supply treatmen[_-plant, o r pollution
ontrol facility, o ncludes garbage, iubbisti, refuse, special
rite, other discarded material, ncluding solid, liquid,
solid= of contained gaseous m is lr r sal ling from domestic,
industrial, aal, ing, aagri cultural, gover+wental
operations. Recovered materials as defined in FS sr. 403.]03 (]) are
not solid waste.
g. "Commercial establishment" a property o
properties z ned o sed for c ial o industrial u sed
by a entity e empt from taxation under s 501 (c )513) of uthe
internal Revenuexcode, and excludes property oc properties z ned o
used £or single-family x sidential o multifamily r sidential u
h. "Construction and demolition debils'em materials
geneeally c sidered to be not water soluble and n ne hazardous i
nature, ncluding, but nor. limited to, steel ogl ass, bra ckn
rete,r asphalt roofing material, pipe, gypsum wallboard, antl
lumber, from the c nstruction or destruction of a structure as part
of of demolition project, and ncluding ocks,
oils,c treerur trees, and other vegetative. matter which
molly r salts afrom Sand clearing oe land development operations
for a nstruction project including such debris from c nstruction
of s e from the c nsi auction or demolition
proj ectc sites aMixing of c nstruction and demolition debris with
other types of solid waste including material from a
of demolition site which i not from the actual c nst ru lion ro
destruction of a structure, will c it to be classified as other
than construction and demolition debris.
"Container" shall m any portable, n nabsorbent
nclosed container with a close Fitting c r doors, approved
by the Health Department antl the City, which ei osed to store large
volumes of refuse, It must be capable of being serviced by
mechanical equipment.
j. "Special Waste" m solid w s that c require
special handling and m nagement ea ncluding abut n limni led to,
white gootls, rite tires, sed oil, lead-acid batteries,
action and demolition debris, ash residue, yard trash, and
biological wastes.
Ordinance 02-1630
Page 2
k. "Biomedical waste" m any solid waste or Liquid
rite which may present a threat of infection to humans. The term
ncludes, but i not limited to, n n-liquid hinnan tissue and body
parts; laboratory and veterinary waste which c n human-disease-
ing agents; discarded disposable sharps; humanrbleod, and human
blood products and body fluids; and other materials which in the
opinion of the depa rtmertt of Health az~d Rehabilitative Services
represent a signi.f icant risk of infection to persons outside the
generating facility. The term does not include human x marns that
are disposed of by persons licensed under chapter 9]O.a
1. "Biomedical waste generator" m a facility o
person that produces or genezates biomedical waste. The term
ncludes, but i not limited to, hospitals, skilled n ing o
valescent hospitals, intermediate c e fact l: ties,uclinicsY
dialysis clinics, dental offices, health m intenance orgari zations,
urgical clinics, medical buildings,a physicians' offices,
labo__*atories, veterinary clinics, and funeral homes.
"Biological waste" m solia waste anae e
has the capability of c ing dis ease so rn£ec t.ion and includesr
but i not limited to, biomedical waste, diseased or dead an mall,
and other wastes capable of transmitting pathogens to humans o
mals. The term does not include human r maans that are disposed
of rby persons licensed under chapter 470. e
"Materials r ery facility" m solid waste
nagementn facility that provides for the extraction from solid
as to of recyclable materials, materials suitable for u s a fuel
of soil amendment, o any combination of such ma ials.a
"Recovered materials pro ing facility" m
facility engag ed solely i the storaye e5processing, x salenso
reuse of recovered materials. Such a Facility is rtot a solid waste
403.TO45~1)(f~.
p. "Ash Residue has the s ing as the teas i
defined in the department rule on solids waste combustors which
defines such term.
q. "Pelletized paper waste" peiiets peoduced
xclusively From discarded paper which isede rived from a solid
as to m nagement facility o sed materials proces sing
facility and which shredded, rextruded, formulated into
ompact pellets of v s fox the u supplemental fuel
n permitted boilers others than waste-to Senergy facilities. The
of such pellets a supplemental fuel in permitted boilers
other than rite-T.o-energy facili ti es may be sed by local
goverrwents redits toward the goals _oe seduction o£ solid
waste pursuant to Fs s. 403.'lo6(4)f01.
Ordinance 02-1630
Page 3
z. _
The term of this franchise shall terminate o
eptember 30, 2~OV following the effective date hereof provided
however, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with o without c by a thirty (30) day
written notice sent by Certified U.S. made
3. Services P vitletl by Franchisee:
Franchisee(s) shall provide Commercial Solid Waste
Collections Services 1n the City of Longwood, which shall be a
xclusive right to the Franchisee (sl. The Contractor shall be
esponsible for bi l3 ing and collection of Commercial Solid waste
Collection services and disposal costs.
4. Unauthori zed Service
No other person o entity e cept the Franchisee(s)
may offer or piovi de Commercial Solid Waste Collection Service i
the City of Longwood. No c ial establishment within the City
shall utilize the s oof ea collector not holding a Franchise
from the City. Violations of this section shall be enforced by the
City by legal action seeking injunctive relief and damages.
b. Minimum Service: The Franchisee shall make
collections at all c ial establishments subject to the terms
of this ordinance and at rsufficient intervals n sa ry to perform
adequate services and to protect the environment es
5. ochres Processing Fee: A fee of fifty dollars
(550.00) shall be charged for each franchise application to cover
associated administrative costs.
6. Collections shall be made between ]:00 a and
]:00 p.m. unless diffeeent times are approved by the City. m
~. Litter. The Franchisee shall not litter premises in the
process of making collections and shall promptly Pick up all
papers, material debris that may be scattered about the
container during the process.
0. and Location of Approved Containers. Containers used
for collection of solid waste fro ial establishments shall
be st andartl manufactured-type me chamn'cally served containers,
Ordinance 02-1630
Page 4
ompatible with the private ial collecT.o is inq
equipment. Containers shall be placed locations5e eadily
Bible to franchisee's personnel. Containers shall be located
uponsprivate property unless the u of public property i approved
by the City. Violations of this section shall c nstitute a breach
and default of this N - xclusive Commercial Franchise. The type
of c Bed, rn the 1 cation thereof, may vary from the
provisions o£ this section if approved in writing by the City of
Longwood.
9, zardous Materials. Collection of special and haza*_dous
materials shall be i strict compliance with all federal, state,
and local laws and regulations. Said materials shall be stored and
placed i approved by the appropriate regulatory agency,
r.e., FUEAa UiSPeE PA, etc., and the City of Longwood.
10. Collection E
The Fran~chps eetshall provide a adequate number of
vehicles for regular collection s They shall be kept i
yood repair, appearance, and i ary condition at all timesn
Each vehicle shall have clearly visible the n and phone number
of the Franchisee and vehicle number not less mthart twelve inches
(12") rn height on the r and each side.
b. Franchiseearshall ertify to the City upon the
ent of each five IS)-year franchise the tlesceiption and
quantitym of vehicles and equipment on hand and a ailable for
regu l.az collection se rveees and backup cn the event of any
breakdowns.
il. Of£i ce. The Franchisee shall establish and m intain a
local office o uch o r facilities through which it c n be
ontacted, where s may be applied for', and complaints c n be
made. IC shall beeequipped with sufficient telephones, shatlahave
e (17 esponsib le person i charge during collection hones and
shall be open during collection hours.
12. avling. l+ll solid waste hauled by the x' nchisee shall
be s ontained, o nclosed that leaking, spilling or blowing a
prevented. In there ent of any spillage, leaking, or blowing o
materials from truck,vthe Franchisee shall immediately clean up the
waste.
13. sal. All solid waste for disposal shall be hauled
to e approved sites or facilities legally approved to a cept it
for treatment or disposal and designated a approved s e by the
City. A31 r red materials must be pro es sed at a certified
recovered materials processing facility.
14. Charges and Ratee. All charges antl r for the
ial co ll ect io of garbage shall be set by the aC nchisee i
negotiation with the ial es tabliskunent requiring the
s ervlce. Rates and chargeshall not be set by the City.
15. cancansation ana P vmenc.
r the privilege of collecting solid waste from
iala establishments within the City, s ing a franchise
fxomethe City and for the u of the City streets, the franchised
collector shall pay to then City, a equal to twenty percent
(20$) of the gross from all related to the
revenue sources
franchisee's operations the City, ncl uding fees, charges,
ental of equipment, and funds paid o side Che City Lor }~auling
materials from the City. Payment to the City shall be made four
(9) times per year, n Harch 15, June 15, September 15, and
cember 15, for three (3) full onths mmediately preceding
payment, e cept the first payment ifm the first period is less than
three months, i which c e payment shall be prorated. Payment
shall be directed to the ac ity Finance D Such fees shall
rtot Include fees generated from the acollection of recovered
b. Franchisee, further side ration of the
franchise, shall make i s financial r ords oa ailable Yo the City
o rdan with procedures estab l.ished from time to time by the
Citycc The fees paid pursuant to this Section shall not be added a
separate item o the customer's collection bills, but lather
shall be consideeed as an operational expense.
16. RaP rts. Along with the quarterly r mittance of the
franchise fee, [he Franchisee shall provide the City with a report.
Said report shall be i a hard copy form. The report shall include
uch information as the City may r nabl.y require s s to e
proper refuse servrce to all commercial establishments wi thinsthe
conditions of this report. Each report shall contain as a minim
(1) s Business Name
!zl customer's Aaaresa
(3) Custame s Telephone Number
Ordinance o - 63D
Page 6 1
(9) Contei nerlsl Number (s)
(51 Contairtei(s) Capacity
16) Compactoris)
(]) Pick-up Schedule for Containers and Compacto*_s
(B) Number of Pick-ups for all Containers and Compactors
19) Franchisee Fee
17. Notification. The Franchisee shall notify all customers
about regulations and days of collection.
18. Franchisee Peraonnel.
The F nchisee shall a sign a qualified person o
persons toa be i charge of his operations in the City and shall
give [he n s to Che City.
ame oFranchis ee's collection employees shall wear a clean
uniform bearing the company's n
Each employee shall, at all times, c try a valid
operator'sclicense for the type of vehicle he is driving.
d. The City may request the dismissal o appropriate
discipline of any employee of the Franchisee who rviolates any
provision hereof o who i Anton, negligent, or discourteous in
the performance of rhis duties.
The Franchisee shall provide operating and safety
training for all personnel and shall certify same to the City
annually upon r wa1 of this Fzanchis e.
f. The nchisee shall omply with the Equal
Employment Oppo rtunity aPZOgiam, the Fair Labor Standards Act and
all other applicable Federal and State Statutes pertaining to Fair
Employment practices.
19. Franchisee Equipment.
All ucks other vehicles operated Dy the
Franchiseeain the City shall be subject to, and shall immediately
submit to spot, on the road inspections by the City o its agent
and if found to be a safe, aid vehicle shall be rmmediately
ved from sezvrce until it can be repaired and is successfully
re-rnspec[ed.
b. The u of vehicles failing to meet standards after
nspections may be grounds for c cellation of the franchise by the
City C if found after nnotice to the Franchisee and an
oppo rtunity sto be heard, to be flagrant or zepeatetl in nature.
Ordinance 02-1630
Page ]
20. Cawliance within Iowa. The right is hereby r ved for
the City to adopt, i addition to the provisions herein srontained
and e fisting applicable ordinances, such atlditional regulations a
it shall find n ary rn the e of the police powers
provided that such regulations by ordinance o otherwise shall be
nab le and not i onflict with the intended purpose of this
ordinance. This shall ci nclude requiring the Franchisee to dispose
and deliver solid waste to a designated facility. The Franchisee
shall conduct opezations under this ordinance i ompliance with
all applicable laws and i r-local agreements between the city and
Seminole County for solide waste nagement and its Failure to
omp ly shall c titute a default hereunder. This franchise shall
not be c nstrueds[o repeal o any e fisting ordinance and to
[he extent that any provision of3 this fzanrhise i istent
ith any e rsting ordinance, then such existing ordinance shall
prevail and control,
21. Payment Bontl. The Franchisee shall furnish to the City a
Payment Hond e rated by a rety licensed and authorized to do
business rn the State of Florida rn [he am ant of $100,000.00
ing the faithful payment and performance of the terms of this
ordinance and e rated by a xety company. Said Payment Bond i
ant deemed by the City and the Franchisee [o be r noble
artdan ary to enable the City to e all franchise efees due
and payable hereunder and paid as andnwhen due.
22. Liability. 1'he privileges herein granted a upon the
express conditio s that the Franchisee shall be liable for all
damages o injury to persons or property c sed by i neglect o
nagement, r by the a of any of its emp ioyees while
engaged in the operations herein sauthorized, or for any actions o
proceedings brought a suit of the a and of this franchise to
Franchisee, to specifically .include butwnot be limited to Anti-
trust actions or proceedings. The F nchisee shall be responsible
and liable for any and all damages rto personal o eal property,
whether owned by the Ci[y, private individuals o other business
ent.i.t i.e s. Said damages shall rncl ude, but not be limited to
damages to City rights-of-ways, cuzbing, signs, roadways and other
property. Should the City of Longwood be suetl therefor, the
Franchisee shall be notified of such suit, artd thereupon it shall
be its duty to tlefend the suit o 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 i any such c Franchisee shall
forthwith pay the s The Franchisee shalleindemnify and s
harmless the City, a agents, officers and employees from any
judgments recove redr by anyone for personal inj ucy. death or
Ordinance-02-1630
Page B
property damage sustained by r of any of the Franchisee's
activities permitted by this franchise or for any actions o
eedings brought a vlt of the a and of this franchise to
Franchisee, to specificall ysinclude but not limited to Anti-Crust
actions of proceedings, and shall pay all expenses, including costs
and atto ney's £ees, defending against any uch claim made
against the City o any of the City's agents, officers
employees. Franchisee further agree to purchase comprehensive
public liability and property damage r the am unt of
$5, 000, OO0 pex a cident, e ent o ing the City a
additional i red to the extent ofcitse rightsa galnsC Franchisee
ing by virtue of this section. The s e policy will
provide that the City shall be given thirty u(30) days w
notice pii to cellation o modification. A copy of rsaid
policy of 1 ashal.l be filed w.i th the C.i ty Clerk on or before
the effectiveu date of this Franchise.
23. The Franchisee shall, at its so Le expense,
pin e fro Dail governmental authorities having jurisdiction o
tReroperations of the F'rartchisee, includiny the City, all licenses
tificates, permits o other authorization which may he n ary
for the conduct of its operations. The Franchisee shall paysall
taxes, licenses, ertif ication, permit and e nation fees and
which may be a sed, levied, e acted ao imposed o its
property, o its operations, o its gross r eipts, and uponn this
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
therewi[R.
20, orker•s Comp cation. The Franchise .shall c xxy, with
ompany authorized to transact business inathe State
of Floridaoa a policy that fulfills all the requirements of the
or ker's Compensation Act of saitl Slate, including all legal
requirements for occupational tliseases.
25. Assignment. si g~unent of Franchise o any right
ing under this ordinance shall be made i whole o n part by
thevFZanchisee without the express written c ent of the City and
the customer; rn [he e ent of any a sigtunent~nthe a signee and the
assignor shall both beVliable understhe Franchise. s
26. ooks, x ords and Avdit.
TheeC Franchisee shall keep ords of
collected and charges therefor, and the City shall have thewright
O[dinance 02-1630
Page 9
to r Chase r ords which i any way pe it ain to the payments
due itla well as ethe billing of all customers by the F nchisee.
If disposal facilities a operated by the City, ords of
ing wastes shall be m Talned by the City. The rFranchisee
willmbe responsible for the monthly billing of the customer.
b. Franchisee shall furnish the City Finance 0
with a ual audit, due on November 15 of each calendar year,sfor
the s e year or portion [hereof ending the previous September
30th.eZ Said audit shall be prepared by a independent certified
public a omp lete with creditor's opinion which opin
shall be csubj ect toca ceptance o rej ec[.i.on by thecit y. The audit
shall reflect the a acy and completeness of the information
provided the City by cthe F nchisee including detailed data antl
computation concerning the franchise fee.
27. ankruPtcY o solvency. If the Franchisee becomes
solvent and i any e ent if the F nchisee files a petition of
voluntary voluntary bankruptcya then this franchise shall
terminate o en[ later than the date of filing o£ the
bankruptcy petitionV
28. Oefaul t.
The failure on the part of the F nchisee to comply
any substantial respect with any of the provisions of this
ordinance shall be grounds for a forfeiture of this franchise, but
uch forfeiture shall take effect until the City has s ved upon
then Franchisee written notice of defaul Y, which notice shall set
forth the nature and extent thereof. If default n be
ect ed, the Franchisee shall have thirty 130)adays following the
notice of default [o c ect the s If the Franchisee protests
the r nab leness or opropriety ofm the City's declaration, said
protest shall be s ved upon the City i riting within ten 1101
days following recei pY by the Franchisee 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 nableness or propriety of the City's de clara[ion
of default, theno the Franchisee, within thirty (301 days of said
decision, may challenge the decision in the Circuit Court of the
Eighteenth Judicial Circuit in and for Seminole County, Florida.
29. RiCht to Re9uire erformance. The failure of the City a
any time to require perfor e by the Franchisee of any provisions
hereof shall i way affect the right of the City thereafter to
enforce same. nNOr shall w rv r by the City of any breach of any
Ordinance 02-1630
Page 10
provisions hereof be taken oz heltl to be a of any s ceding
breach of such provision or as a waiver ofw any provis ion uitself.
30. independent Contractor. It hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the City.
31. Modification. Thii franchise c nstitutes the entire
agreement and understanding between the parties hereto, and it
shall not be c sidered modified, altered, changed o - ended i
any respect unless in writing and signed by the parties hereto, and
adopted as an amending franchise ordinance.
32. Notice. required far any purpose in this franchise,
notice shall be addressed and sent by certified Un.i.ted Slates mail
to the City and the Franchisee as follows:
CITY: City Clerk
City of Longwood
1"15 w
Longwoodar Flo ride u32]50
FPANCHISEE: Andrew Grey, General Manager
Advanced Dispcsal Services central Floritla, Lu
9526 Sidney F.a yes Aoad
Orlando, F1 32829
Phone: 90'>/ 855-3900
33. Remedies, Attorney's Fees and Costs. All medics
provided this franchise stall be deemed emulative and
additionalzand not Sn lieu of o xclusive o£ each other o of any
other r medy a a.il.able to the City at law o equity. In the
event the City shall prevail 1n any action arising hereurtde i,
rncluding attorney's fees
34. Governing Law and Venue: This franchise agreement shall
be governed by the laws of the State of Florida. My and all legal
ary to enforce the Agreement will be held i Hole
county andethe Agreement will be interpreted according to then laws
Ordinance 02-1630
Page 11
35. Headings. The headings of the sections of this franchise
e for purposes of c only and shall not be deemed to
expand or limit the provisionsc contained in such sections.
36. antY of F nchiaee. The F nchisee eepre and
ants unto the City that n officer, employee agent o£ the
city has any interest, either directly o indirectly, rn the
business of Franchisee to be conducted her e: rider.
37, z+mendment. The City r s the right to amend this
ordinance i any m ary for the health, ,safety, welfare
of the public or ton comply swith laws, statutes, regulations o
inter-local ogre ant.^„ and the City r s the right, n the
public interest fzom time to time, to prescribe r nabl el rules
and regulations govern my Franc}~i sec's operations hereunder.
38. Public Entitv Crimea: No Franchisee or Contractor may be
a person o affiliate itlentifietl on the llepartment of General
Services icted endo r" list. This li.s[ defined
rsting of vper affiliates who disqualified from
public cont ractings and puzchasing process because they have been
found guilty of a public entity [ The Franchisee i required
to comply with Florida Statutes Section 261.133, as amended, or its
SECTION TWO: SePaxabili tY: The provisions of this ordinance
e declared to be separable and if any section, sentence, clause
r phrase of this ordinance shall for any r n be held Y.o be
valid o nstiiuti onal, such decision shall not affect the
validity of the r ing sections, sentences, clauses and phrases
of this ordinance but they shall r effect, it being the
legislative intent that this ordinance zshall stand notwithstanding
[he invalidity of any part.
Ordinance 02-1630
Page 32
.,_~. ~ _, ;rte,
The foregoing City of Longwood Ordinance No. 02-1630 and the
franchise provided foi therein and all the Cerms and conditions
Thereof a hereby a cepted~ pproved and agzeetl to this °/
day of ~.,0 ~ a~
_'=~
FRANCHISEE:
Company Name: Ad ~ apoeal~ 1 Service s eatral
F da~
By: gg ~a~~ -fir. l
se /oE Owner or/A'vthorizetl Agent
t Name: i-Y~yyleZ.~ Co(c"/~
Ordinance 02-1630
Page 14